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2009 06 16 CCeaf 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, JUNE 16, 2009 DUE TO THERE BEING NO CLOSED SESSION SCHEDULED, THE CITY COUNCIL WILL CONVENE AT 4:00 P.M. Beginning Resolution No. 2009-051 Ordinance No. 472 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION - NONE CONFIRMATION OF AGENDA • 001 City Council Agenda 1 June 16, 2009 PRESENTATIONS 1. PRESENTATION OF THE LA QUINTA LIBRARY AND MUSEUM QUARTERLY REPORT FOR JANUARY THROUGH MARCH 2O09. WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JUNE 2, 2009. 2. APPROVAL OF SPECIAL MEETING MINUTES OF JUNE 9, 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 JUNE 16, 2009. 2. RECEIVE AND FILE TREASURER'S REPORT DATED APRIL 30, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED APRIL 30, 2009. 4. APPROVAL TO AWARD A CONTRACT FOR JANITORIAL SERVICES FOR CITY FACILITIES TO PRO GREEN BUILDING MAINTENANCE. 5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH MRC ENGINEERING, INC. FOR ENGINEERING AND DESIGN SERVICES OF FIELD LIGHTING AT COLONEL PAIGE MIDDLE SCHOOL. 6. APPROVAL OF AMENDED AGREEMENT FOR LEGAL SERVICES WITH RUTAN & TUCKER, LLP. 7. ADOPTION OF A RESOLUTION REQUESTING THE COUNTY OF RIVERSIDE TO PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE FAMILY DWELLINGS ON THE TAX ROLLS. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31874-1, CARMELA, TAYLOR WOODROW HOMES, INC.; AND ADDING A REQUIREMENT FOR THE DEVELOPER TO RESOLVE WITH THE IMPERIAL IRRIGATION DISTRICT (IID) THE RELOCATION OF AN ABOVE -GROUND UTILITY VAULT ON THE NORTHWEST CORNER OF AVENUE 53 AND MONROE STREET. ,,. ,rj 002 City Council Agenda 2 June 16, 2009 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31202-1, RANCHO SANTANA, DESERT CHEYENNE, INC. 10. ACCEPTANCE OF THE CITY OF LA QUINTA GOVERNMENT ACCOUNTING STANDARDS BOARD (GASB) 45 VALUATION AS OF JULY 1, 2008, AND APPROVAL TO ESTABLISH AN ACTUARIAL LIABILITY GENERAL FUND RESERVE. 11. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) FOR PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) FOR CORE AREA RENOVATIONS AT THE LA QUINTA SPORTS COMPLEX. 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 32279, PALO VERDE, STANDARD PACIFIC HOMES. 13. APPROVAL OF AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH CLEANSTREET FOR MECHANICAL STREET SWEEPING SERVICES EXTENDING THE TERM FOR ONE ADDITIONAL YEAR. 14. APPROVAL TO EXCUSE CHAIRPERSON MARIA PUENTE'S ABSENCE FROM THE JUNE 18, 2009 HISTORIC PRESERVATION COMMISSION MEETING. 15. APPROVAL OF NEW JOB DESCRIPTION FOR EXECUTIVE OFFICE ASSISTANT, REVISIONS TO JOB DESCRIPTION FOR EXECUTIVE ASSISTANT, AND TITLE CHANGES TO PERSONNEL/RISK MANAGER. 16. DENIAL OF CLAIM FOR DAMAGES FILED BY JUDY AND JOHN SHERWOOD - DATE OF LOSS: MARCH, 4, 2009. BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2009/2010. A. RESOLUTION ACTION 2. CONSIDERATION OF FILLING VACANCIES ON CITY COUNCIL STANDING COMMITTEES. A. MINUTE ORDER ACTION 003 My. City Council Agenda 3 June 16, 2009 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 (ADOLPH) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (VACANT) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (VACANT) 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 MARCH 19, 2009 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. QUARTERLY MARKETING REPORT 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR MAY 2009 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR MAY 2009 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR MAY 2009 8. PUBLIC WORKS DEPARTMENT REPORT FOR MAY 2009 9. POLICE DEPARTMENT REPORT FOR MAY 2009 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE 004 City Council Agenda 4 June 16, 2009 MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER RESOLUTIONS UPHOLDING THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 2008- 112 AND SITE DEVELOPMENT PERMIT 2008-905 FOR A 4,924 SQUARE - FOOT EXPRESS (SELF-SERVICE) CAR WASH ON A .98 ACRE SITE LOCATED ON THE EAST SIDE OF WASHINGTON STREET 780± FEET NORTH OF FRED WARING DRIVE. (APPLICANT: LESLIE LIPPICH, ARCHITECT AND ASSOCIATES, INC). APPELLANTS: ARCHNA, LLC AND MAYER VILLA CAPRI, L.P. A. RESOLUTION(S) ACTION on-..., 005 City Council Agenda 5 June 16, 2009 ADJOURNMENT The next regular meeting of the City Council will be held on July 7, 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 June 16, 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 111, on June 12, 2009. DATED: une 12, 2009 i VERONICA J. NTECINO, City Clerk City of La Qu ta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. "".0 006 City Council Agenda 6 June 16, 2009 PRESENTATION: La Quinta Public Library Quarterly Report January 2009—March 2009 Circulation The La Quinta Public Library circulated 56,208 items in the Third Quarter of 2008- 2009. During this three month period the library was open 600 hours with an average hourly circulation of 94 items. Fifty-eight percent of the circulation was for adult materials, 4% teen and 38% children. Door Count This quarter 50,508 people visited the library to check out materials, read newspapers and magazines, utilize the Internet service, attend programs, and purchase books from the Friends of the Library Book Store. New Borrowers In the period between January 1 and March 31, the staff issued 1,082 new library cards and replaced 485 lost cards for a total of 1,567. Two hundred seven or 19% of these cards were for "Internet Only" (Internet Only library cards are issued to tourist and short-term visitors who use the library computers to connect with work, family, or to check travel arrangements). Public Computer Usage During this quarter, 10,989 computer sessions were logged on the library's 28 public access computers. Programming A Preschool Storytime for children 3'/2 to 5 years old was held twelve Tuesday mornings during the quarter. A total of 635 children attended. A weekly On -the -Lap Storytime for parents with babies and toddlers was held prior to the Preschool Storytime. Twelve programs were attended by 493 participants. Our nighttime story program targets the working family looking for a literature - based program that fits into their busy schedule. Eleven programs were presented with 133 participants. The La Quinta Library Book Discussion Club for adults met the first Monday of each month this quarter. The three monthly programs were attended by a total of 21 people. A No School Today Program is a special activity on holidays when the library is open and schools are closed. In February our program focused on the 200`" anniversary of Abraham Lincoln's birth. Leading up to the event the library joined �M, �. 007 La Quinta Public Library Quarterly Report January 2009—March 2009 the museum and senior center for a contest to guess the number of Lincoln pennies in a jar. Forty-six children and their parents participated in the program at the library. Volunteers During this quarter 44 volunteers donated 723 hours of time. Volunteers worked in the book store, shelved returned books in the library, helped with programs, and performed a myriad of other tasks in the library. During this quarter we were fortunate to have three volunteers from the Gain program. Friends of the Library The La Quinta Friends of the Library continue to offer support in all areas. The library was most grateful to the Friends for a gift of 300 additional library bags. Customers have come to look forward to checking out a bag to hold library materials and when the library experienced a dramatic jump in circulation all available bags were in use. This gift is appreciated by staff and customers alike. Special Monthly Events In November the Friends of the Library began a new program series called An Evening with Friends. Three very diverse programs were offered --from African drums to Flamenco dance. The programs were attended by 144 people. The series runs through April and will be repeated again in the fall. Outreach to Schools In February the library offered a Poetry Break in 20 classes at Adams Elementary School. This special outreach program uses poems as the vehicle and allows staff to promote library services and increase library visibility in the community. In addition to taking the library message into the schools, all of the kindergarten students from Benjamin Franklin Elementary School came to the library as part of their My Community unit of study. i .N,.r 008 Estimated La Quinta Library Expenditures January 1, 2009 - March 31, 2009 Library Contract Expenditures LSSI Expenditures Library Materials County Expenditures Personnel Insurance Miscellaneous Expenses Special Program Expense Accounting Costs Travel and Conferences Support Services $129,801 12,961 142,762 2,509 1,880 1,113 4,201 433 87 18,293 28,516 TOTAL EXPENDITURES $171,278 M..O 009 La Quinta Museum Quarterly Report January 2009—March 2009 Visitors This quarter a total of 2,215 people visited the museum, including 387 students attending OSHER classes held in the museum's community room. Exhibits The exhibits on display this quarter included Pioneer Families of La Quinta, Tantalizing Teapots, and Picturing America. Programming Preschool Story Time for children ages 3-5 was held the first Wednesday of each month for a total of 3 sessions. Ninety children attended these programs. The museum held two First Friday events which were attended by 254 people. The museum's other special events attracted a total of 190 visitors. Topics of these events included: Veteran's History Project, Tea Ceremony, Presidential Pets, Riverside County Archivist's visit, and the Palm Springs Air Museum presentation. Volunteer Hours During this quarter 12 volunteers donated 180 hours of their time to the museum. Volunteers greeted visitors at the reception desk and helped set up for special events held at the museum. Gift Shop Total sales in the gift shop this quarter was $416.82 La� c N�NN6/ F U 5 ti CF` OF COUNCIL/RDA MEETING DATE: June 16, 2009 ITEM TITLE: Demand Register Dated June 16 2009 RECOMMENDATION: Approve Demand Register Dated June 16, 2009 BACKGROUND: Prepaid Warrants: 83102 - 831241 139,035.80 83125 - 83153) 108,618.96 Voids} (1,089.00) Wire Transfers} 391,241.73 P/R 35734 - 357431 246,987.41 P/R Tax Transfers} 63,572.17 Payable Warrants: 83154 - 83266) 8,262,364.98 $9,210,732.05 FISCAL IMPLICATIONS: Demand of Cash - City $1,723,339.60 Demand of Cash - RDA $7,487,392.45 John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING on., .0 O 1 l CITY OF LA QUINTA BANK TRANSACTIONS 05/27/09 - 06/09/09 05/28/09 WIRE TRANSFER - WATERCOLORS 05/29/09 WIRE TRANSFER - ICMA 05/29/09 WIRE TRANSFER - PERS 06/01/09 WIRE TRANSFER - PERS 06/01/09 WIRE TRANSFER - HEALTH PREMIUM 06/05/09 WIRE TRANSFER - LANDMARK TOTAL WIRE TRANSFER OUT $103,000.00 $2,204.10 $60,738.96 $2,077.44 $99,224,13 $123,997A 0 $391,241.73 .„.. " 012 .1 EO M O 1I1 O v c0 O O N O r O M \ I YJ I N o r o 0 b O O o M P o I W F- I 0 O cD b N r c0 0 1I1 b P v N O I WNW U 0If1 b v �t r P O b N v R' . F- . I m W N b P rl b IIl N Oz a M Wr wz ao a U•w �Hi� zz Iz..1 Z zw1 MOON o0 O1I14t1 00w 00O 00 00 NN mW Ifl .'I a0MO1l11fIr MO NIII MMb O \ I II1 N IlIN 00 Orr 00 waDbb 00 00 OO MM N(OOa0OrNP vr1 Ml0 MOM U I W U I U IUN. 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Io O u W W 0 l r •• ZUNad W 0. o WE QOUOI op a Q a Z m Ow Q a 0 m m m, Z U WO a . a W I W WWW as U' . rq a as com c� rr Z Z O O 00 ua 1N... 050 Cejt�t 4 S(P QUIArC&I COUNCIL/RDA MEETING DATE: June 16, 2009 ITEM TITLE: Receive and File Transmittal of Treasurer's Report as of April 30, 2009 RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: pail 311Lo7.] W.T3106 Transmittal of Treasurer's Report dated April 30, 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. 051 Respectfully submitted, John M. Falconer, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta »_. 052 E ATTACHMENT 1 Tiluf 4lw49brw MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurers Report for April 30, 2009 DATE: May 29, 2009 Attached is the Treasurer's Report for the month ending April 30, 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`1 Sponsored Enterprises (2) Commercial Paper (2) Corporate Notes Mutual Funds Subtotal 49.949,553 108.836,747 7,991.465 4,993,392 $ 171,771,157 8,345,632 7,000,000 $ 15,345,632 1 I (7,000,000) (8,000,000) (3,000,000) $ 18,000,000 38,495 8.535 0 962 1 $ 47,993 51.295,185 115,875,242 0 0 1,994,354 1 $ 169, 164,782 1.345.632 7,038,495 (7,691,465) 0 12.999,038) 1 $ 2,606,375 Cash 3 281,, I : I 1,84 1 :! ; i I1 4,567.043 4.848.057 Total $ 171,490,143 $ 20,193,689 $ 18,000,000 $ 47,993 $ 173,731,825 $ 2,241,682 1 certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code: and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anbcipated 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. 4A 6111 Z0q ohn M. Falconer Date Finance DirectorrTreasurer 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_ 053 3 Treasurer's Commentary For the Month of April 2009 Cash Balances - The portfolio size increased by $2.2 million. The major reason for the increase is $1.3 million in reimbursements from RCTC (Highway 111 widening) and CVAG (Fred Waring Dr) capital projects. Investment Activity - The average maturity of the portfolio decreased by 15 days to 54 days at the end of April. The Treasurer follows a buy and hold investment policy and has not sold investments before maturity to take advantage of market conditions. In the month of April three (3) Investments matured - two GSE's and the Corporate Note from US Bank. The portfolio does not have direct investments in GSE's at this time and one corporate Note - GE Capital. The sweep account earned $13 in interest income for the month of April and the bank fees for the month were $ 1,973 which resulted in a net decrease of $ 1,960 in real savings. Portfolio Performance - The overall portfolio performance decreased by twenty eight (28) basis points from the prior month and ended at .85% for the month, with the pooled cash investments .yielding .94%. 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 54 days, the portfolio yield should continue to drop downward based upon reinvestments at lower rates. In April, several longer term, higher yielding, investment's matured, which resulted in the interest rate. At this time last year, the portfolio was yielding 3.41 % 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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LLTM N u v 2 LL LLD f U C a` a J U �...� 058 53 �QGk ) \ \\\\\ - \G�3§{qqy/{��)� /j \Um \\ 3\ ! 302\ > Q m 11 060 10 City of La Ouinla Comparative Rates of Interest April 3q 209 CN of la O'ta Average Auge512002 245% 122% 2.02% 172 Sep12002 2.46% 126% 2.10% 139 Ocl 2002 241% 100% 208% 121 Nov 2002 2.32% 100% 202% 109 Dec 2002 2.23% 100% 180% 163 Jan 2003 2. 11% 080% 162% 137 Feb 2003 199% 0.59% 1.24% 131 Mar 2003 2.01% 075% 178% 117 Apr 2003 198% 0J2% 176% 92 May 2003 186% 073% 154% 74 June 2003 173% 049% 140% 123 FY 03104 July 2003 1 56% 0 52 % 1.43% 131 August 2003 165% 045% 135% 110 Sep12003 1.65% 049 % 1.26% 80 Oct 2003 1.59% 0.48% 136% 121 Nov 2003 164% 048% 138% 99 Dec 2003 161% 0,57 % 1 41% 117 Jan 2004 1 58% 0.30% 1 37% 140 Feb 2004 165% 030% 138% 120 Mar 2004 1.50% 0.0% 1.33% 155 Apr2004 1.50 % 0.50% 1,33% 137 May 2004 1.54% 050 % 1.36% 137 June 2004 169% 0 47% 1 fit% 209 FY 04105 July 2004 1J3% 0.50% 168% 214 August 2004 173% 050% 1.52% 172 Sept2004 179% 10% 1.68% 167 Out 2004 1.79% 1.14 % 1.22% 112 Nov 2004 1,79% 1 43% 173% 113 0. 2004 189% 223% 2,08% 145 Jan 205 200% 225% 2. 12% 109 Feb 2005 2. 16% 2 26% 2 22% 104 Mar205 2. 16% 267% 2,43% 120 Apr 2005 2.27% 269 % 249% 93 May 2005 247% 2J0% 258% G4 June 2005 259% 3. 10% 283% 113 FYOSN6 July 2005 265% 3.11% 2.87% 13 August 2005 2.64% 3.11% 281% 64 Sept2005 307% 348% 3.20% 26 Oo12005 3 33% 3.51 % 3 34% 65 Nov 2005 370% 3.53% 3.55% 96 Dec 2005 381% 363% 367% 68 Jan 2006 4.1 t% 40°% 406% 112 Feb 200 4.149E 401% 409% 23 Mar2006 4.21 % 445% 431% 110 Apr 200E 430 % 4.46 % 4 37% 92 May 2006 467% 448 % 4.60°% 67 June 2006 4.74% 498% 4.83% 78 FY 06107 July 2006 4.93% 500% 496% 95 August 200E 4.94 % 5.01% 4.97% 48 Sept 2006 498% 501 % 499% 53 0112006 500% 502% 501% 67 Nov 206 504% 503% 503% 62 - Dec2006 508% 504% 506% 60 Jan 2007 5.18% 5.12% 5.16% 64 Feb 2007 5.19% 5.13% 5.17% 45 Mar 207 521% 503% 5.15% 67 Apr 2002 520% 5.14% 5.15% 42 May 202 5.20% 505% 5. 16% 32 June 207 5.19% 488% 5. 10% 85 FY 02108 July 2002 5.21% 490% 5.12% 129 Augusf2001 5.17% 485% 508% 109 Sept 2007 5,16% 4.86% 5,06% 129 Oct 200 5.41% 485% 502% 116 Nov 2001 503% 483% 496% 99 0.207 495% 343% 4A5% 123 Jan 2008 4 58% 3 33% 4.22% 96 Feb 2008 412% 324% 3.85% 66 Mar2008 402% 2.83% 367% 74 Apr2008 345% 327% 3.41% B2 MaY208 3. 14% 327% 3.11% 63 June 2008 309% 194% 2.86% 80 FY 08109 July 2006 299% 1.93% 271% 62 Auqust20G8 316% 1.92% 288% 51 Sep12008 201% 192% 264% 32 Oc12008 266% 261% 261% 29 Nov 2008 2.38% 2.36% 236% 64 Dec 200E 160% 0.18% 1.42% 116 Jan 2009 136% 0. 18% 1.23% 62 Feb 2009 123% 0.18% 1.11% 75 Mar 2009 126% a 18% 1.13% 69 Apr209 094% 0.18% 0.85% 54 May 2009 2 18°% 2 08% 2,13% 202% 145% 0.97% 031% 0 48% 0 37% 028% 2,59% 260% 2 49% 2 30% 231% 2.10% 195% 1 90% 186% 180% 170% 165% 1.63% 164% 1,60% 152% 1.55% 1.53% 144% 147% 145% 1,43% 43% 60% fit% 77% 89% 200% 2.13% 2.26% 237% 237% 272% 286% 297% 308% 3.16% 332% 346% 364% 381% 3 96% 404% 4.14% 431% 4.56% 4J0% 4,85% 495% 502% 510% 513% 5 13% 5 16% 518% 521% 522% 525% 525% 526% 525% 5.23% 5.14% 4 9E % 4 B0% 462% 4.16% 378% 340% 30% 2 89% 2 J9% 2 70% 2J]% 211% 2.52% 235% 205% 1 87% 1.82% 1.61% 11 / I • i i I I i i i I I I • I/ I/ a) 1 O O N V1 N Q c0 f6 � (7 tQ 3 m p N ` J .t i w O co O O ++ t N U m y N o � 0 O O N N Z 0 0 a o 0 oc G1 a 0 n a a U m W O U1 N U N E N M.. �i 062 12 Ced4t 4 04ZO QUbtr6d COUNCIL/RDA MEETING DATE: June 16, 2009 ITEM TITLE: Receive and File Transmittal of Revenue and Expenditure Report for April 30, 2009 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: y� STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of the Statement of Revenue and Expenditures for April 30, 2009 for the City of La Quinta. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Revenue and Expenditures for April 30, 2009 u...! n 63 ATTACHMENT 1 CITY OF LA QUINTA REVENUES -ALL FUNDS 0710112008. 04/30/2009 FUNDS BUDGET RECEIVED X RECEIVED General $43,824,523.00 $24,422,117.21 55.70% Library 2,628,600.00 1.315,787.00 50.10% Gas Tax Revenue 988,800.00 619.371.95 62.60 % Federal Assistance 186,110.00 11,985.00 6.40% JAG Grant 0.00 0.00 0,00% Slesf(Cops) Revenue 100,500.00 334.71 0,30% Indian Gaming 214,826.00 102,393.98 47.70% Lightng & Landscaping 927.900.00 499,750.06 53.90% RCTC 4,063,268.00 2,073,315.73 51.00% Development Funding 0.00 0.00 0.00% Crime Violent Task Force 81,489.00 70,682.34 86.70% AS 939 27,500.00 21,215.14 77.10% Quimby 253,900.00 207,115.74 81.60% Infrastructure 6,000.00 5.936.16 98.90% Proposition lB 1,223,803.00 612,965.35 50.10% South Coast Air Quality 120,400.00 09,227.03 74.10% Transportation 993,000.00 841.671.86 84.80% Parks & Recreation 60,000.00 55,750.00 92.90% Civic Center 100.000.00 101,306.93 101.30% Library Development 30,000.00 26,986.07 90.00% Community Center 35.000.00 21,458.36 61.30% Street Facility 40,300.00 30,713.45 76.20% Park Facility 4,000.00 2,839.00 71.00% Fire Protection Facility 20,000.00 14,263.40 71.30% Arts In Public Places 152,044.00 142,890.50 94,00% Interest Allocation 0.00 380,102.12 0.00% Capital Improvement 120,786,175.00 20,499,926.08 17.00% Equipment Replacement 798,881.00 804,654.26 100.70% Information Technology 524,201.00 515,505.67 9&30% Park Equipment & Facility 447,694.00 438,307.51 97.90 % SilverRock Goff 3,369,301.00 2,833,306.58 84.10% SilverRock Goff Reserve 71,386.00 2,502.50 3.50% LO Public Safety Officer 2.425.00 -2,302.48 94.90% La Quints Financing Authority 6,611,444.00 6,606,485.01 99.90% RDA Project Area No. 1 66,726,729.00 34,938,168.06 52.40% RDA Project Area No. 2 32.016.348.00 16.602,263.09 51.90% Total $287,436,547.00 $114,913,620.33 1 40.00% -» ' 064 2 FUNDS BUDGET MID -YEAR REQUESTS ENCUMBERED REMAINING BUDGET PERCENT General Library 1,762,207.00 0.00 0,00 1,082.743.42 WS% Gas Tax 1,138,887.00 0,00 0,00 549,W&61 51.7% Federal Assistance 186.11000 O.W 0.00 174,125,00 6A% JAG Grant 0.00 0.00 O.W 0,00 0.0% Slesf (Cope) Revenue 123.078.00 0.00 0.00 123,078.00 0.0% Indian Gaming 214,828.00 O.W 0.00 112,840.27 47.5% Lighting B Landscaping 927,900.00 O.W DO 154,650.11 B3.3% RCTC 3,744,677,00 0.DO 0,00 1,969,952.27 46.9% Development Agreement O.W 0.00 0.00 0.00 0.0% CV Violent Crone Task Force 52,100.00 0.00 0.00 23,500.59 54.9% AS 939 W,188.W 0.W 0.00 51,95).17 13.7% Quimby 9,030,131.00 0,00 0.00 8,950,946.15 0.9% Infrastructure 397,576.00 0.00 0.00 397.576,00 0.0% Proposition lB 1,223.803.W 0.00 0.00 607.013.00 WA% South Coast Air Quality 93,6W.W O.W 0.00 23,094.62 75.3% Transportation 8,389,167.00 0,00 0,00 6,654,371.49 20.6% Parks B Recreation 37,5W.00 O.W 000 14,617,34 61.0% Civic Center 43g014.00 0.0 O.W 119,506.71 72.5% Library Development 48,750.00 0.00 O.W 16.89864 612% Community Center 0.00 0.00 0.00 DW 0.0% Street Facility 2.484,563.00 0.00 0.00 2,476.398.00 0.3% Park Faulty 0.00 0.00 0.00 0.00 0.0% Fire Protection 23,125.W 0.00 O.W 8,728.29 62.3% Arts In Public Playas 696,2W.00 0,00 0,00 419,543,46 393% Interest Allocation 0.03 0.00 0.0 0.00 0.0% Capital Improvement 120,786,175.00 OW 16,571.16 100,269.677.76 17.0% Equlpmerrt Replacemerrt 888,646.00 Om 70,858.43 616,816.11 22.6% Information Technology 627,827.00 000 48.04 346,571.56 44.8% Park Maintenance Faulity 109,565.00 O,W 1088.37 40,865.01 61.7% SiNerRock Golf 4,325,095.W 0.00 0,00 881,26888 79.6% Silver wk Reserve 000 0,00 0.00 O.W 0.0% LO Public Safely Officer 2,000.00 000 0.00 2,000.W 0.0% La Quints Financing Authority 6,612,244.W O.W 0.00 5.558,99 99.9% RDA Project Area No. 1 121,456,305,00 0.00 0.00 75,831,834.17 37.6% RDA Project Area No. 2 45,620,919,00 0,00 000 17,498,09627 616% Total 'Ill 0 65 3 CITY OF LA OUINTA 07101/2008 - 04/30/2009 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2.838,600.00 1,311,764.68 1,526,835.12 46.210% No Low Property Tax Distribution 3.554,125.00 2,570,234.38 983,890.62 72,320% Statutory Tax 274,069.00 254,208.89 19,860.11 92.750% Sales Tax 6,029,400.00 3,738,731.80 2,290.668.20 62.010% Sales Tax Reimbursement 2,202,600.00 1,190,555.14 1,012.044.86 54.050% Document Transfer Tax 573,760.00 360,250.71 213,509.29 62.790% Transient Occupancy Tax 5,320,000.00 3,000,891.02 2,319.108.98 56.410% Transient Occupancy Tax - Mitigation Measures 305.400.00 7,751.37 297,648.63 2.540% Franchise Tax 1.687,400.00 1,014,096.04 673,303.96 60 100% TOTAL TAXES 22,785,354.00 13,448,484.23 9.336,869.77 59.020% LICENSE & PERMITS: Business License 279,200.00 238,737.30 40.462.70 85.510% Animal License 19,700.00 22,826.50 (3,126.50) 115.870% Building Permits 248.451.00 272.419.00 (23,968.00) 109.650% Plumbing Permits 37,523.00 $2,446.10 5,076.90 86.470% Mechanical Permits 21,184.00 21,654.70 (470.70) 102.220% Electrical Permits 24.383.00 36,706.64 (12,323.64) 150.540% Garage Sale Permits 10.700.00 12,830.00 (2,130.00) 119.910% Misc. Permits 70,939.00 83 037.08 (12 098.08) 117 050% TOTAL LICENSES & PERMITS 712,080.00 720,657.32 (8,577.32) 101.200% FEES: Sale of Maps & Publications 2,100.00 2,928.24 (828.24) 139.440% Community Services Fees 329,414.00 321,468.37 7,945.63 97,590% Finance 250.00 713.34 (463.34) 285.340% Bldg & Safety Fees 265,971.00 208,651.52 57,319AS 78.450% Community Development Fees 70.000.00 73,169.70 (3,169.70) 104.530% Public Works Fees 401,200.00 323 344.60 77,855.40 80 590% TOTAL FEES 1,068,935.00 930.275.77 138,659.23 87.030% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,942,100.00 1,987,256.58 1,954,843.42 50.410% Motor Vehicle Code Fines 94,500.00 105,534.71 (11,034.71) 111.680% Parking Violations 59,500.00 45,790.00 13,710.00 76.960% Misc. Fines 116,000.00 159,259.31 (43,259.31) 137.290% Federal Govt Grants 5,400.00 0.00 5,400.00 0.000% County of Riverside Grant 4,645,841.00 210,376.05 4,435,464.95 4.530% State of California Grant 39,562.00 7,643.25 31,918.75 19.320% Fire Services Credit 5,553,100.00 3.177,007.68 2,376,092.32 57.210% CVWD 16,800.00 0.00 16.800.00 0.000% CSA152 Assessment 238,664.00 238 663.71 0.29 100 000% TOTAL INTERGOVERNMENTAL 14.711.467.00 5,931,531.29 8.779,935.71 40,320% INTEREST 4,037,478.00 3.173,900.24 863,577.76 78.610% MISCELLANEOUS Miscellaneous Revenue 10,900.00 20,194.38 (9,294.38) 185.270% A8939 92.300.00 58,871.50 33.428.50 63.780% Assmnt Dist Surplus 0.00 1,015.34 (1,015.34) 0.000% Other Mitigation Measures 0.00 0.00 0.00 0.000% Litigation settlement 0.00 0.00 0.00 0.000% Cash Over/(Short) 50.00 13.85 36.15 27.700% TOTAL MISCELLANEOUS 103,250.00 80,095.07 23.154.93 77.570% TRANSFERIN 405,959.00 137173.29 26878571 33790% TOTAL GENERAL FUND 43.824.523.00 24,422,117.21 19,402,405.79 55.730% r»_. 066 n CITY OF LA QUINTA 07101120M - 04/3012009 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 1,011,422.00 642,320.04 0.00 369.101.96 CITY MANAGER'S OFFICE 501,503.00 393,521.83 000 107,981.17 DEVELOPMENT SERVICES 2,463,637.00 1.973.393.50 0.00 490,243.50 MANAGEMENT SERVICES 1818,39300 1329529.30 12544.39 276325.31 TOTAL GENERAL GOVERNMENT CITY CLERK 758483.W 541053.25 000 217429.75 TOTAL CITY CLERK COMMUNITY SERVICES PARKS B RECREATION ADMINISTRATION 1,311,611.00 795,678.51 2,099.29 513,83320 SENIOR CENTER 417,102,0) 326,774.47 0.00 90,327.53 PARKS S RECREATION PROGRAMS 206,779,00 168,951.43 000 37.827,57 LIBRARY 1,432,298.00 791,194.57 000 641,101.43 MUSEUM 292,110.00 134,667.64 219.98 157,222.38 PARK MAINTENANCE i d21 331.00 1189258]5 0.00 232 W2.25 TOTAL COMMUNITY SERVICES FINANCE: BUILDING 6 SAFETY: FISCAL SERVICES 1,025,052.00 781,837,20 0.00 243,214.80 CENTRAL SERVICES 402511.00 312812.99 0.00 89898.01 TOTAL FINANCE BUILDING B SAFETY -ADMIN 436,816.00 339,90523 0.00 BUILDING 993,720.00 781,110.75 0.00 CODE COMPLIANCE 997,975.00 783,200,39 0.00 ANIMAL CONTROL 406,010.00 290,362.21 &W TOTAL BUILDING POLICE: - POLICE SERVICES 12,224,910.W 5,764,WS64 32.831,01 6,428,030.35 TOTAL PUBLIC SAFETY COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,584,786.00 656,911.33 0,00 927.874.67 CURRENT PLANNING 825086.00 537553.24 0,00 287532.78 ' TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 857,885.00 569,622.33 7,860.25 280,40242 DEVELOPMENT B TRAFFIC 1,084,850.00 849,473,26 0.00 235,37674 MAINT/OPERATIONS- STREETS 3,476,141.00 1,185,833.45 25,36165 2,284,945.90 MINT/OPERATIONS- LTG/LANDSCAPING 2,071,254.00 1,546,641.70 4,900.00 519,712.30 MAINT/OPERATIONS- TRAFFIC 826,189,00 581,407.14 96000 243,621.88 CONSTRUCTION MANAGEMENT 918487.00 ]2] 453.59 0.0 0 191 033.41 TOTAL PUBLIC WORKS 9.234 TRANSFERS OUT 5,915.975.GO 1,249,33327 0.00 4,666,641.73 GENERAL FUND REIMBURSEMENTS (5,934,349.00) (3,520439,02) 0,00 (2413909,98) NET GENERAL FUND EXPENDITURES 46.034.B89.00 T8.188.51 ].82 176p41.8] 19,689.829.31 414•• . 067 5 CITY OF LA OUINTA 07/01/2008 - 04/30/2009 ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,628,600.00 1,315,787.00 1,312.813.00 50.060% Contributions 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIBRARY 2.628.600.00 1,315,787.00 1.312,813.00 50.060% GAS TAX REVENUE: Section 2105 197,400.00 115,859.54 81.540.46 58.690% 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 0.00 0.00 0.00 0.000% Traffic Congestion Relief 392,000.00 276,908.39 115,091.61 70.640% Interest 6,000.00 4,257.07 • 1.742.93 70.950% TOTAL GAS TAX 988,800.00 619,371.95 369.428.05 62.640% FEDERAL ASSISTANCE REVENUE: CDBG Grant 186,110.00 11,985.00 174,125.00 6.440% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 186,110.00 11,985.00 174,125.00 6.440% 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 0.00 100,000.00 0.000% Interest 500.00 334.71 165.29 66.940% TOTAL SLESF(COPS) 100.500.00 33,111 100,165.29 0.330% INDIAN GAMING Grant revenue 212,826.00 101,985.73 11 Q840.27 47.920% Interest 2,000.00 408.25 1,591.75 20.410% TOTAL INDIAN GAMING 214,826.00 102,393.98 112.432.02 47.660% LIGHTING & LANDSCAPING REVENUE: Assessment 927,900.00 499,750.06 428.149.94 53.860% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING S LANDSCAPING 927,900.00 499,750.06 428,149.94 53.860% RCTC RCTC Funding 4.063,268.00 2,073.315.73 1,989,952.27 51.030% Transfer in - 0.00 0.00 0.00 0.000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0,000% TOTAL DEV AGREEMENT 0.00 0.00 0.00 0,000% CRIME VIOLENT TASK FORCE Member Contributions- Carryover 40.536.00 29,952.00 10,584.00 73.890% Grant revenue -JAIB 25,600.00 24,119.14 1,480.86 94.220% CLET Line 3,100.00 6,148.21 (2,048.21) 166,070% Asset Forfeiture -State Adjudicated 8,753.00 8,753.13 (0.13) 100.000% Interest 3,500.00 2.709.86 790.14 77.420% TOTAL CRIME VIOLENT TASK FORCE 81,489.00 70,682.34 10,806.66 86.740% AB 939 REVENUE: AS 939 Fees 0.00 0.00 0.00 0.000% Interest 27,500.00 21,275.14 6284.86 77.150% TOTAL AS 939 7 So OUIMBY REVENUE: Quimby Fees 53,900.00 53,854.50 45.50 99.920% Donations 0.00 0.00 0.00 0.000% Interest 200,000.00 153,261.24 46,738.76 6.6 730% TOTAL QUIMBY 7 4 INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 0.00 0.000% Interest 6.000.00 5,936.16 63.84 98.940% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 6,000.00 5,936.16 63.84 98.940% PROPOSITION 18 Prop I Grant 1.218,713.00 607,825.00 610.888.00 49.870% Interest 5090.00 5140.35 (50.35)_100.990% 'o„ TOTAL PROPOSITION 18 1,223:803 U 6TI.99 -13S blo, Ti .BS SUA9d o°T 0' 07/01/2008 •0413012009 CITY OF LA QUINTA REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S.C.AQ. Contribution 48,900.00 37.159.38 11,740.62 75.990% MSRC Funding 67,000.00 48,202.56 18.797.44 71.940% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 4,500.00 3.865.09 634.91 85.890% TOTALSCAQ 120,400.00 89,227.03 31,172.97 74.110% TRANSPORTATION Developer fees 850.000.00 740,384.20 109,615.80 87.100% Interest 143,000.00 101,287.66 41,712.34 70.830% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 993,000.00 841,671.86 151,328.14 84.760% PARKS d RECREATION Developerfees 60,000.00 55,750.00 4,250.00 92.920% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS & RECREATION 60,000.00 55,750.00 4,250.00 92.920% CIVIC CENTER Developer fees 100,000.00 101,3D6.93 (1,306.93) 101,310% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 100,000.00 101.306.93 (1,306.93) 101.310% LIBRARY DEVELOPMENT Developer fees 30,000.00 26,986.07 3,013.93 89.950% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 30,000.00 26,986.07 3.013.93 89.950% COMMUNITY CENTER Developer fees 5,000.00 4,628.00 372.00 92.560% Interest - 30,000.00 16,830.36 13,169.64 56.100% TOTAL COMMUNITY CENTER 35.000.00 21,458.36 13.541.64 61.310% STREET FACILITY Developer fees 35,300.00 25,798.92 9.501.08 73.080% Interest 5,000.00 4,914.53 85.47 98.290% Transfer In 0.00 0.00 0.00 0.000% TOTAL STREET FACILITY 40.300.00 30,713.45 9,586.55 76.210% PARK FACILITY Developer fees 2,000.00 1,372.00 628.00 68.600% Interest 2,000.00 1,467.00 533.00 73.350% TOTAL PARK FACILITY 4,000.00 2,839.00 1.161.00 70.980% FIRE PROTECTION FACILITY Developerfees 20,000.00 14,263.40 5,736.60 71,320% Interest 0.00 0.00 0.00 0.000% TOTAL FIRE PROTECTION FACILITY 20,000.00 14,263.40 5,736.60 71.320% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 110,000.00 102,572.92 7.427.08 93.250% Arts in Public Places Credits Applied 0.00 0.00 0.00 0.000% Insurance Recoveries 21,344.00 21,343.58 0.42 100.000% Donations 3,500.00 2.500.00 1,000.00 71.430% Interest 17,200.00 16474.00 726.00 95.780% TOTAL ARTS IN PUBLIC PLACES 152,044.00 142,890.50 9,153.50 93.980% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 380,102.12 (380,102.12) 0,000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 380.102.12 (380.102.12) 0.000% rrs... 069 ►A 07)0112008 - 04/30/2009 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CV/VD County of Riverside Surface Transportation Funding City of Indio DSUSD III) 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 REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,567,475.00 945,217.56 622,257.44 60.300% 50,851.00 0.00 50,851.00 0.000% 0.00 0.00 0.00 0.000% 10,047.212.00 442,724.64 9,604,487.36 4.410% 0.00 0.00 0.00 0.000% 107,500.00 107,500.00 0.00 100.000% 520,486.00 553,730.60 (33,244.60) 106.390% 0.00 0.00 0.00 0.000% 520,916.00 234,900.85 286.015.15 45.090% 0.00 0.00 0.00 0.000% (31,490,00) 0.00 (31,490.00) 0.000% 0.00 0.00 0.00 0,000% 690,628.00 269,826.00 420,802.00 39.070% 0.00 0.00 0.00 0.000% 107,312,597.00 17,946,026.43 89,366,570.57 16 720% 120786,175.00 20,499,926.08 100,286,248.92 371.980% EQUIPMENT REPLACEMENT FUND: Equipment Charges 716,881.00 716.881.00 0.00 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 15,616.95 (15,610.95) 0.000% Insurance Recoveries 0.00 5,983.27 (5,983.27) 0.000% Interest 57,000.00 41,179.04 15,820.96 72.240% Transfers In 25,000.00 25,000.00 0.00 100.000% TOTAL EQUIPMENT REPLACEMENT 798,881.00 804.654.26 (5,773.26) 100.720% INFORMATION TECHNOLOGY FUND: Charges for services 494,201.00 494,201.00 0.00 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 30,000.00 21,304.67 8.695.33 71.020% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 524,201.00 515.505.67 8,695.33 98.340% 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 LO PUBLIC SAFETY 413,394.00 413,394.00 0.00 100.000% 34,300.00 24,913.51 9.386.49 72.630% 0.00 0.00 0.00 0.000% 447,694.00 438,307.51 9,386.49 97.900% 2,942,684.00 2,483,547.25 459,136.75 84.400% 103,104.00 68.245.89 34,858.11 66.190% 15,000.00 27,855.00 (12,855.00) 165,700% 0.00 0.00 0.00 0.000% 308,513.00 253.658.44 54.854.56 82.220% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0,000% 0.00 0.00 0.00 0.000% 3,369,301.00 2,833,306.58 535,994.42 84.090% 58854 4,300.00 2,502.50 1.797.50 58.200% 67,086.00 0.00 67086.00 0.000% 71,386.00 2.502.50 68,883.50 3.510% 2,000.00 2,000.00 0.00 100.000% 425.00 302.48 122.52 71.170% 2,425.00 2,302AS 122.52 94.950% 070 ::3 CITY OF LA OUINTA 07/01/2008 .0413012009 OTHER CRY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTERESTADVANCE 25,".DO 19,393.65 0.00 5,608.35 CAPITAL PURCHASES 6,50000 4,075,00 Dw 1,525.00 REIMBURSE GENERAL FUND 1,730,707.00 655.094,93 0,00 1,075,612.07 TRANSFER OUT 0.00 0.00 0.00 TOTAL LIBRARY FUND_ , GAS TAX CONTRACT SERVICES 29,480.00 0.00 0.00 29,480.00 REIMBURSE GENERAL FUND 643,014.00 535,845.00 0,00 107,169.00 TRANSFER OUT 484393.00 51998.39 0.00 41239d.81 TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: TRANSFER OUT 186110.00 11 985.00 174125.00 TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OUT TOTAL JAG GRANT 0.00 0.00 0.00 0.00 SLESF (COPS) TRANSFER OUT TOTAL SLESF(COPS) FUND 123.0]8.00 0.00 0.00 123.078.00 INDIAN GAMING FUND TRANSFER OUT 214826.00 101905]3 112840.Z7 TOTAL INDIAN GAMING FUND Ho, LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 927,900.00 773,249.89 0.00 1MBWA1 TRANSFER OUT Dw 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND ACTC TRANSFER OUT 3744877.00 1754,924.73 0.00 1989E5 TOTAL RCTC 217 DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0,00 TRANSFER OUT 0.00 0,00 0.00 000 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 52,100.00 28,599,41 0.00 23,500.59 TRANSFER OUT Dw Dw 000 0.00 TOTAL CRIME VIOLENT TASK FORCE AS 939 OPERATING EXPENSES 60,188,W 8,237,83 0.00 51,950.17 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL AB 939 _ QUIMBY FUND: FEASIBILITY STUDY 35,000.00 0.00 0.00 35,OW.00 TRANSFER OUT 8,995,131.00 79,184S5 0.00 8,915,946.15 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 Dw 000 0.00 TRANSFER OUT 397 576.00 0.00 0.00 397 578.00 TOTAL INFRASTRUCTUREDC PROPOSITION 15-SB 1268 TRANSFER OUT TOTAL PROPOSITION 18 FUND 1.223.803.00 818.780.00 0.00 607.013.OD SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 22.302,82 0.00 4,297,18 TRANSFER OUT 67000.00 48202.56 0.00 18797.44 TOTAL SOUTH COAST AIR QUALITY _aa TRANSPORTATION PROGRAM COSTS D.00 0.00 0,00 0.00 CONTRIBUTION 0.00 0.00 0.00 0,00 TRANSFER OUT 8389187.00 1724,795.51 0.00 6664371.49 . TOTAL TRANSPORTATION PARKS & RECREATION INTEREST ON ADVANCE 37,500.00 22,882.66 0.00 14,617.34 TRANSFER OUT 0.00 000 0.00 0.00 TOTAL PARKS S RECREATION CIVIC CENTER SERVICES 0,00 3,012638 0.00 (3,012.38) INTEREST ON ADVANCE 231,250.00 142,524,91 0.00 88,725.09 REIMBURSE GENERAL FUND 202,764.00 168,970.00 0.00 33,794,00 TRANSFER OUT 0.00 0,00 0.D0 0.00 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0,00 0.00 0.00 0,00 INTEREST ON ADVANCE 48,750.00 29,B51.36 0,00 18,898.64 TRANSFER OUT n nn n nn n m n nn N•• •' 071 s CRY OF LA QUINTA OTHERCITYFUNDS 0710112008-O =2009 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0,00 0.00 0,00 0.00 TRANSFER OUT 0.DO 0,00 0,00 0.00 TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 2484563.DO 6165.00 0.00 1478398.00 TOTAL STREET FACILITY J PARK FACILITY PROGRAM COSTS 0.00 0,00 0.00 0.00 TRANSFER OUT 0.00 DOD 0,00 0.00 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 23.125.00 14,39571 0.00 8,728.29 TRANSFER OUT 0.00 0.00 0,00 0.00 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 6,474.34 0.00 23.525 fib OPERATING EXPENSES-APP 6,535.00 2,182,20 0.00 4,352,80 ART PURCHASES 259,66SW 68,ODO.00 0.00 191,665.00 TRANSFER OUT 411§00 200000.00 0.00 24. 00,00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 119,778,710.00 20,298,066.88 16,571A6 99,464.071.96 PROJECT REIMBURSEMENTS TO GEN FUND 1,007,465.00 201.859.20 0.00 605.605.80 TRANSFER OUT 0.00 0,00 0.00 TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 679,146.00 151,926.08 70.858.43 858,361.49 CAPITAL PURCHASES 9,500.00 49,045.38 0.00 (39,545.38) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 627827.00 281207.40 48.04 348571.58 TOTAL INFORMATION TECHNOLOGY FUND PARK MAINTENANCE FACILITY OPERATING EXPENSES 87.565.00 49,421.92 1,088.37 37,054.71 CAPITAL PURCHASES 22,000.00 18,189,70 0.00 3,810,30 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK MAINTENANCE FAC SILVERROCK GOLF OPERATING EXPENSES 4,258,009.00 3.443,826,32 0.00 814,18288 TRANSFER OUT 67 ON 00 0,00 0.00 67086.00 TOTAL SILVERROCK GOLF_ SILVERROCKGOLF RESERVE TRANSFER OUT 0.00 0,00 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY _ 2,000.00 0.00 ODD 2000.00 072 10 �44Q OF TtTti COUNCIL/RDA MEETING DATE: June 16, 2009 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval to Award a Contract for Janitorial CONSENT CALENDAR: Services for City Facilities to Pro Green Building Maintenance RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Award the contract for janitorial services for City facilities to Pro Green Building Maintenance for one year, and authorize the City Manager to execute the contract in the amount of $142,800. FISCAL IMPLICATIONS: Adequate funds have been proposed in the 2009/2010 Fiscal Year budget to provide for the cost of janitorial services. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The facilities to be cleaned under the proposed contract include: City Hall, Public Library and two restrooms, Senior Center, Museum, Sports Complex snack bar and restrooms, two Sheriff Substations, City Yard offices and two restrooms, Fritz Burns Park restrooms, La Quinta Park snack bar and restrooms, and Swimming Pool restrooms and offices )June through September). The contractor is required to use environmentally friendly cleaning agents. All prospective bidders participated in a walk-through of the above facilities prior to submitting a proposal to the City. .,.. ,r 073 The contract under consideration will be for one year with the option to extend for two additional years. The current provider is Pro Green Building Maintenance which has been under contract' with the City for the past three years. The cost of the current yearly janitorial contract is $150,152. Asa result of soliciting firms, per the City's adopted criteria, staff received bids from the following contractors. • American Capital $149,100 • Pro Green Building Maintenance $142,800 • KBM $139,139 The Invitation to Bid is included as Attachment 1. As stated in that document, the contract for janitorial services will be made based on the best interest of the City but not limited to price, qualifications, experience, reputation and location of operation. It also states that the City may accept other than the lowest bid offered. Based on the excellent service that Pro Green Building Maintenance has provided to the City over the last three years, the relatively small differential in cost from the lowest bidder ($3,661) and the fact that the cost for the service is actually decreasing by $7,352, staff is recommending that the contract be awarded to the current provider, Pro Green Building Maintenance. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: Award the contract for janitorial services for City facilities to Pro Green Building Maintenance for one year, and authorize the City Manager to execute the contract in the amount of $142,800; 2. Reject all bids and direct staff to re -advertise for janitorial services; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Building & % fety Director Attachment: / roved for suZmiinby: Thomas P. Genovese, City Manager Invitation to Bid 074 ATTACHMENT 1 INVITATION TO BID DATED APRIL 22, 2009 FOR FURNISHING JANITORIAL SERVICES TO THE CITY OF LA QUINTA. THIS INVITATION TO BID CONSISTS OF THE FOLLOWING: COVER SHEET NOTICE INVITING BIDS PAGE I-ii TIMETABLE OF ACTIVITIES PAGE 1 BIDDER'S CHECK LIST PAGE 2 SCOPE & REQUIREMENTS PAGE 3-4 TERMS & CONDITIONS PAGE 5-18 BID PROPOSAL - MUST BE MANUALLY SIGNED PAGE 19 STATEMENT OF QUALIFICATIONS PAGE 20 HIRING & TESTING PROCEDURES PAGE 21 AFFIDAVIT OF NON -COLLUSION PAGE 22-23 JANITORIAL SPECIFICATIONS PAGE 24-27 BIDDERS BOND PAGE 28 BIDDER'S REFERENCE LIST PAGE 29 NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF, OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED. STREET ADDRESS: 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 ATTN: CITY CLERK DATE DUE: JUNE 1, 2009 TIME DUE: 10:00 A.M. LOCAL TIME BIDDER'S NAME: ADDRESS: TELEPHONE NO.: FAX NUMBER: TERMS: 69[c3i•GrIt"; INVITATION TO BID SECTION 1 CITY OF LA QUINTA STATE OF CALIFORNIA INVITATION FOR BIDS SEALED PROPOSALS to an Invitation to Bid for the Provision of Janitorial Services for the City of La Quinta Civic Center Facilities located at 78-495 Calle Tampico, Public Library located at 78-275 Calle Tampico, Senior Center located at 78-450 Avenida La Fonda, Museum located at 77-885 Avenida Montezuma, Sheriff Station located at 79- 440 Corporate Center Drive #119, and.five other miscellaneous facilities, will be received at the office of the City Clerk, City of La Quinta, California until 10:00 a.m. (local time) on June 1, 2009, at which time they will be publicly opened and read. Following a public opening, responses will be evaluated by City staff and a recommendation will be made to City Council for consideration and possible award at the City Council meeting of June 16, 2009. Award of Contract, if any, will be made in the best interest of the City and shall be based on various factors including but not limited to the following: Price, offeror's qualifications, experience, reputation and location of operation. The City of La Quinta reserves the right to accept or reject any or all bids, to be the sole judge of the merits and qualifications of the services and or items offered and the ability of the bidder to responsibly perform. The City reserves the right to waive any minor irregularities or informalities in any bid and may accept other than the lowest bid offered. Bids may not be withdrawn for sixty (60) days after the time of bid opening. No bid will be considered unless it is made on a proposal form furnished by the City. Each bid must be accompanied by cash, a certified or cashier's check or bidders bond of the prescribed form and made payable to the City of La Quinta for an amount equal to 10% of total bid for one year, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to furnish the required bonds and to enter into a contract with the City within the period of time provided by the proposal requirements. Securities may be substituted for retained funds per Public Contract Code Section 22300. 076 SECTION 1, INVITATION TO BID Invitation to Bid The successful bidder shall meet all insurance requirements of the City, including but not limited to the provisions of Personal and Property Liability, including Automobile coverage and Worker's Compensation in limits acceptable to the City. All required insurance shall name the City of La Quinta as an additional insured. MANDATORY WALK-THROUGH/BIDDERS CONFERENCE A pre -bid walk-through of the facilities to be maintained will be conducted at 10:00 a.m., May 15, 2009. The walk-through will be followed by a pre -bid conference for the purpose of answering questions and clarifying details. Attendance at the walk- through and pre -bid conference is mandatory for all prospective bidders (with the exception of the current provider). In order to properly accommodate all prospective bidders each bidder will be limited to sending two (2) representatives on the walk- through and will be limited to three (3) representatives at the pre -bid conference. All participants shall meet at 9:45 a.m., May 15, 2009, at the Civic Center Facilities, 78-495 Calle Tampico, La Quinta, CA. It shall be the successful contractor's responsibility to provide regularly scheduled janitorial services to effectively, efficiently and safely maintain a high level of cleanliness for specified City facilities. It shall be the successful contractor's responsibility to furnish at his/her own expense all tools, equipment, fuel, labor, materials, supplies, supervision and services necessary for the satisfactory performance of the work set forth in the Bid Specifications. The Contract Administrator after award of contract will be the Director of Building and Safety. The term of the contract shall be for one (1) year with two additional one year renewal options. Complete specifications may be obtained from the Building and Safety Department 78-495 Calle Tampico, La Quinta, CA. 077 INVITATION TO BID May 15, 2009, 10:00 a.m. June 1, 2009, 10:00 a.m. June 16, 2009, 3:00 p.m. July 1, 2009 To Be Scheduled: Page 1 CITY OF LA QUINTA TIMETABLE OF ACTIVITIES Mandatory Walk-Through/Pre-Bid Conference at: La Quinta Civic Center 78-495 Calle Tampico La Quinta, CA 92253 Sealed bids are due no later than 10:00 a.m. Public bid opening at 10:01 a.m. Contract awarded by City Council Anticipated start date of service Prior to start of service a general organizational meeting will be required. The City of La Quinta reserves the right to adjust this schedule as necessary. All responses must be on the forms provided by the City unless otherwise stipulated. The entire Invitation to Bid must be returned in its entirety with all requested information completed. DO NOT DETACH ANY PART, except for additional information specifically requested within this document or by written addenda, no additional material will be accepted. All responses must be completed as required, signed by an official of the firm authorized to enter into a binding agreement with City and must be received in the place and by the time designated in this document. One signed original shall be supplied to the City. 078 INVITATION TO BID BIDDER'S CHECK LIST I. GENERAL: Page 2 Bidders are advised that notwithstanding any instructions or inferences elsewhere in this Invitation to Bid only the documents shown and detailed on this sheet need be submitted with and made part of their bid. Other documents may be required to be submitted after bid time, but prior to award. Bidders are hereby advised that failure to submit the documents shown and detailed on this sheet MAY RENDER THE BID NON -RESPONSIVE. II. REQUIRED DOCUMENTS FOR BID: BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the bid. NOTE: ONLY THOSE ITEMS MARKED BY AN "X" ARE REQUIRED. X Cover page, Invitation to Bid, must be manually signed. X Bid Proposal pages, page 19. Page 19, must be manually signed. X Erasures or other changes made to the Bid Proposal page(s) must be initialed by the person signing the bid. Two identical sets of descriptive literature, brochures and/or data must accompany the bid where specifically requested or when in support of an "or equal" offer. X Affidavit of Non -collusion by Contractor form, pages 22 through 23. Page 23 must be notarized; and signed by a Notary Public. X Bidder's Reference List, page 22 must be completed. X All Addenda issued shall be acknowledged in the space provided on the Bid Proposal page or by manually signing the addenda sheet and submitting it prior to the bid opening. X Bid Bond, Certified Check, Cashiers Check, Money Order or Cash shall be submitted with the bid in the amounts indicated, page 28. X Statement of Qualification and Information for Janitorial Services, page 20. X Hiring and Testing Procedures Requirements, Page 21. INVITATION TO BID Page 3 CITY OF LA QUINTA SCOPE & REQUIREMENTS FOR JANITORIAL SERVICES After the contract is awarded, the contract Administrator is to be the Director of Building & Safety. The complete contract shall include the entire contents of the Invitation for Bid, Proposal, all addenda, all of successful Offeror's submittal, supplemental agreements, change orders, bondlsl, and any and all written agreements, agreements which alter, amend or extend the agreement. The City of La Quinta is seeking sealed responses from janitorial services contractors with experience and qualifications to accomplish the following: Provide regularly scheduled janitorial services and appropriate supplies to effectively, and safely maintain a high level of cleanliness for specified City facilities in accordance with the best standards of practice. It shall be the successful Contractor's responsibility to furnish at his/her own expense all tools, equipment, labor, fuel, materials, supplies, supervision and services necessary for the satisfactory performance of the work set forth in these specifications. 4.1 Offeror must fill out all Statements of Qualification and Information in their entirety. If certain questions do not apply, indicate "not applicable". Failure to answer all questions may be reason for disqualification. 4.2 Offeror shall fill out Statements of Qualifications and Information only on the forms included in this Invitation for Bid except where additional information or forms are required. No other forms will be accepted. Statements of qualification and information will be evaluated on the basis of various factors including, but not limited to, the following: 1. Offeror's experience 2. Offeror's references 3. Offeror's location of operation 4. Offeror's safety record "~' 80 INVITATION TO BID Page 4 6. Mandatory Walk-Through/Pre-Bid Conference Mandatory walk-through tour conference is scheduled for May 15, 2009, 10:00 a.m. at the La Quinta Civic Center located at 78-495 Calle Tampico, La Quinta, California. All offerors must attend the Walk-Through/Pre-Bid Conference in order to submit a proposal. All offerors should bring a copy of their Invitation for Bid to the conference since it will be utilized as part of the conference agenda. 7. Supplies To Be Provided by Contractor Offeror's base price shall include restroom supplies to be supplied in sufficient quantities as to be continuously available in all restrooms included in this contract. Quality shall not be less than that generally available in a first class American hotel and shall be subject to the approval of the City's Building and Safety Director. Supplies shall include the following: (All supplies shall be environmentally friendly, and be green or green seal certified). 7.1 Rest room supplies Toilet tissue, two ply Hand towels, as appropriate Commode seat covers Hand soap, lotion Hand soap, powdered 7.2 Other Supplies Plastic Trash Liners (for ALL waste receptacles) The total City Hall area is estimated at 53,000 square feet with approximately 43,000 square feet carpet and 10,000 square feet hard flooring. The approximate number of employees based in the facility is 104. The Public Library is estimated at 18,000 square feet. The Senior Center is estimated at 10,500 square feet with approximately 7,000 square feet carpet, and 3,500 square feet hard flooring. The Museum is estimated at 8,800 square feet. The new Sheriff's Station is estimated at 3,300 square feet. The Sheriff's Substation is estimated at 775 square feet. The Public Works yard is estimated at 1,900 square feet, carpet/tile including 2 restrooms. The Sports Complex is estimated at 475 square feet (all hard flooring). The Fritz Burns Park restrooms are estimated to be 150 square feet. The La Quinta Park Snack Bar and Restrooms is approximately 600 square feet. 081 'M.r INVITATION TO BID CITY OF LA QUINTA TERMS AND CONDITIONS Page 5 1.1 All Statements of Qualifications and Information will be evaluated for minimum qualifications to perform the terms of the contract 1.2 Award of the Contract will be based on lowest responsible and responsive bid. 1.3 The City will award the contract on a lump sum basis. However, it shall be understood that this specification description of the work is the City's present service requirements only, and the scope of work may increase or decrease during the term of the contract. The Offeror agrees to comply with all federal, state, and local laws, rules, and regulations. offeror must be aware that the entire contents of the Invitation for Bid, Proposal, all Addenda, all of Offeror's successful submittal, supplementary agreements, change orders, performance bond(s), and any and all written agreements which alter, amend, or extend the agreement shall be incorporated into the contract. All offers must be valid and firm for a minimum period of sixty (60) days from the date of the bid opening. LEMMAIr-Tillne nor-TWIMM, Offeror understands that all information, documents, plans, drawings, records, or similar materials submitted to the City in response to this Invitation to Bid will become and remain irrevocably the exclusive property of the City. Offeror agrees not to release any information pertaining to this Invitation for Bid or its award without the prior written approval of the City of La Quinta. Successful Contractor agrees not to release any advertising copy mentioning the City of La Quinta or quoting the opinion of the City employee without written approval by the City of La Quinta. " 082 INVITATION TO BID Page 6 MrITT—T-71159TRIIII The work, materials, and supplies to be provided under this contract shall be subject to inspection by the City, and/or to tests designated by the City. If the results of such inspections or tests indicate that part of the work, materials, or supplies are deficient in any respect, the City in its sole discretion may reject all or any part of the work, materials, or supplies provided under this contract. The City may use a rating sheet for evaluation purposes. Offeror agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed. In the event that the results of the janitorial service are considered unsatisfactory to the City, the Contractor shall be required to immediately reclean the unsatisfactory area at no cost to the City. Said service shall be performed in addition to, and without interruption in the regular cleaning schedule. 17MIRr. Subject to the power and authority of the City as provided by law and in this contract, the City shall in all cases determine the quantity, quality, and acceptability of the work, materials, and supplies for which payment is to be made under this contract. The City shall decide the questions which may arise relative to the fulfillment of the contract or the obligations of the Contractor thereunder. 97 u .. .. . s- Each of the terms and conditions of this agreement is to be considered material, and failure to comply with any of such conditions by the Contractor shall be deemed a breach of contract. If the Contractor fails or neglects to furnish any of the services listed herein at the prices named and ai -the times and places specified, or neglect to comply with the terms of the contract, the City may at its sole discretion thirty (30) days after written notice to the Contractor, terminate the contract in its entirety, or terminate any and all items affected by such default and may, whether or not the contract is terminated in whole or in part, procure services elsewhere without notice to the Contractor. -• 083 INVITATION TO BID Page 7 Failure of the Contractor to complete the approved cleaning cycles within the allowable time .periods as outlined in the specifications will result in damages being sustained by the City. Precise determination of the actual damages too difficult to measure. Execution of the contract shall constitute agreement by the City and the Contractor that twice the unit price per day is the minimum agreed value of the costs and damages caused by failure of the Contractor to complete the cleaning cycles within the allotted time, and that such sum is liquidated and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs. Successful Offeror agrees to indemnify, defend, and save City and its agents and employees harmless from any and all liability, claims, damages agents and employees harmless from any and all liability. Claims, damages or injuries to any person, including injury to successful offeror's employees and all ,claims which arise from, or are connected with, the negligent performance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by, the negligent acts of successful offeror, its agents or employees, and all expenses of investigating and defending against same. Successful Offeror represents himself/herself to be an independent contractor offering such services to the general public and shall not represent himself/herself or his/her employees to be an employee of the City of La Quinta. Therefore, the Contractor shall assume all legal and financial responsibility for taxes, FICA, requirement of overtime, etc. and agrees to indemnify, save and hold the City of La Quinta and its agents and employees harmless from any and all loss; cost (including attorney fees); and damage of any kind related to such matters. WAgrortmWITIM 12.1 If execution of this contract shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the Offeror, the Offeror shall notify the City, in writing, within twenty-four (24) hours, after the delay. Such causes may include but are not limited to Acts of God, war, or acts of the public enemy of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes and unusually severe weather. "^ 084 INVITATION TO BID Page 8 12.2 The City shall ascertain the facts and extent of such failure and if the City determines that the failure was occasioned by excusable causes, the City will not claim that the contract has been breached. However, the City will compensate the Contractor only for those services actually rendered. ILMI(M-1trOMMAIIII.� The performance of work under this contract may be terminated by the City in whole or in part whenever the City determines that such termination is in the best interest of the City. Any such termination shall be effected after delivery to the Contractor of a Notice of Termination specifying the extent to and conditions under which performance of work under the contract is terminated and the date upon which such termination becomes effective. Written notice of termination shall be given at least thirty (30) days prior to termination. 14.1 The Offeror shall give full attention to the faithful execution of the contract and shall keep same under control. Assigning or subletting any part after award of this contract shall require prior approval in writing by the City. 14.2 The Offeror shall not either legally or equitably, assign any of the monies payable under this contract, or the Offerors claims thereto unless by and with the prior written consent of the City. 14.3 Nothing contained in the contract shall create any contractual relationship between any subcontractor and the City. Offeror understands that this contract shall not bind nor purport to bind the City of La Quinta for any contractual commitment in excess of the original one (1) year contract period. The -City shall have the right, upon mutual consent, to renew the contract for two (2) one year periods, or a portion thereof. In the event the City exercises its options, all terms, conditions, and provisions of the original contract shall remain the same and apply during the extension period. If the options are exercised, Contractor understands and agrees that the prices stated in the original contract shall not be increased in excess of the maximum percentage of increases as stated in 15.1. �.. 085 INVITATION TO BID Page 9 WWWMWM M., 0TWIMIRT. in Offer agrees that the maximum percentage of: price increase, if any, or minimum percentage of price decrease, if any, for contract renewal periods shall be based on the annual percent increase/decrease in the published Bureau of Labor Statistics Consumer Price Index for the twelve (12) full months immediately preceding the City's written notice of election to exercise its renewal option. For all services which the Contractor is obligated to perform under the terms of this specification, the City shall pay to the Contractor monthly price per facility as set in the contract. Payments shall be made upon submittal of a detailed monthly statement to the Department of Building and Safety, City of La Quinta. Said statement shall be submitted within two weeks following the end of the billing period defined as a calendar month. Prior to City payment of the monthly statement the Director of Building and Safety shall review and approve payment based on the satisfactory completion of service. Payment shall be issued within thirty (30) days of receipt of the monthly statement. 16.1 Monthly price shall be the same for each month of the year regardless of the number of work days in the month. An adequate number of trained and bonded personnel shall be assigned by the Contractor to perform the work described in these specifications. All Contractor employees shall be subject to review and approval by the City of La Quinta. The City reserves the right to request the removal of an employee who is deemed unacceptable for any reason. The Contractor shall be required to provide on -site supervisory personnel of a high professional caliber. The supervisory personnel shall conduct regular inspections to determine that work is being performed in accordance with professional cleaning standards and established work schedules. Said personnel must have the authority to respond immediately to situations upon request by the City representative, It shall be the responsibility of the Contractor to see that all his/her supervisory and personnel abide by the City of La Quinta building and security regulations and safety standards. The Contractor shall conduct his work operations in such a way as to safeguard the City's personnel, equipment, and property. .,._ .0 086 INVITATION TO BID Page 10 All personnel assigned by the Contractor to perform work for the City of La Quinta shall not have an arrest record other than minor traffic violations, must be physically capable of performing all duties assigned, and must present a physical appearance acceptable to the City. The final decision as to the acceptability of any individual performing work under any contract awarded as a result of this specification shall rest with the City of La Quinta. All work by contractor personnel shall be performed in a professional, courteous manner. Discourtesy, rudeness, or the use of profanity will not be tolerated and shall be grounds for immediate removal of the offending employee from performing work under any contract awarded as a result of this specification. The successful vendor shall provide supervisory personnel of a high professional caliber. The assigned supervisor shall contact the Director of Building and Safety or his designee to discuss and clarify any operational problems and to receive instructions. In addition the assigned supervisor shall physically contact each assigned individual at not less than one (1) time per shift. Offeror shall submit detailed description of all hiring, training, testing and disciplinary policies and procedures used by his/her firm. It shall be the responsibility of the Contractor to provide consistent, reliable transportation for equipment and staff to service identified facilities. All costs related to the maintenance and operation of said transportation vehicle(s) shall be the responsibility of the Contractor. The Contractor shall provide, at his/her expense, all necessary cleaning supplies and equipment as may be required to perform the janitorial tasks outlined in this specification such as: cleaning supplies, floor wax, furniture polish, custodial tools, laundry materials and high lift equipment. All such supplies and materials shall be of the highest quality. The City reserves the right to review and approve all items which may be used in performance of the contact work. No additional compensation shall be allowed for such items. N..r; 087 INVITATION TO BID Page 11 17.1 One worker shall be made available for unscheduled assignments 7 a.m. to 4 p.m., Monday through Friday. Such work shall be in addition to that outlined in the specifications. This individual must be supplied with a pager unit provided by the contractor. The phone number for the pager must be provided to the City. Offeror understands that all work holidays are to be determined by the City of La Quinta. Offeror understands that while it is the City's intent to award this specifications description of work to a single offeror, this specification does not include all of the City's janitorial services needs. While the City reserves the right to increase the scope of this contract to include other facilities the City does not warrant that it shall do so. The City may at its sole option continue to service other facilities itself or may elect to solicit bids if it desires to contract out services in additional buildings. Offeror understands that this specification's description of work is the City's present service requirements only, and the scope of work may increase. The City may at any time during the term of the contract by written order require the performance of extra work or make such other changes as the City may find necessary or desirable. The Contractor shall not claim forfeiture of contract by reason of such changes by the City. The amount of compensation to be paid the Contractor for extra work as so ordered shall be determined by unit prices or by lump sum mutually agreed upon by the City and the Contractor. Offeror understands -that the City may at any time during the term of the contract by written order decrease the dimensions of any part of the work to be performed under this contract. The Contractor shall continue to faithfully perform the portions of the work not affected by the decrease and the amount of compensation shall be decreased in the following manner: the decreased amount of compensation to be paid the Contractor shall be determined by the unit prices, or by lump sum mutually agreed upon by the City and the Contractor. 088 INVITATION TO BID .� .. :.A. Page 12 22.1 Bids must be accompanied by cash, a certified or cashiers check made payable to the City of La Quinta, or bidder's bond in the form prescribed by the City of La Quinta, for the amount equal to 10% of the total bid for one year. All such guarantees shall be forfeited should the Offeror to whom the contractor is awarded fail to furnish the required bonds or to enter into a contract with the City within the period of time specified. 22.2 When an award is made the contract and bond requirements shall be promptly and properly executed by the Offeror. The requirements of prompt execution will be considered as fulfilled if accomplished within eight (8) working days after award. Check or bid bond shall be forfeited to the City as Liquidated damages for failure to comply with this requirement. 22.3 Upon execution of the contract and Janitorial service bond, City shall refund to the successful offeror the amount deposited or release the amount charged against the bond as a bid guarantee. Bid guarantees posted by unsuccessful offerors shall be refunded or released promptly after award is made. 23.1.The successful offeror shall furnish within. eight (8) working days after award of the contract the following bonds in the form prescribed by the City: a. Janitorial Service Bond in the amount of twenty five thousand dollars ($25,000). Successful offeror shall maintain the validity and enforcement of the bond for the duration of the contract including any extension should the option to extend be exercised. b. Bonds shall be issued by a surety company licensed to conduct business in the State of California. 23.2 Whenever the bonding furnished is deemed by the City to be insufficient or unsatisfactory, the offeror within ten (10) days after notice to that effect shall furnish and deliver a new or additional bonding to the City in accordance with the above, as the City may require. 23.3 Substitution of Securities or Retained Funds: The offeror shall be permitted to substitute securities for any monies withheld by the City to ensure performance under this contract, such substitution to be subject to the limitations and requirements of Government Code Section 4390. N.. 089 INVITATION TO BID Page 13 24.Insurance The Contractor shall procure and maintain, at its sole expense, Worker's Compensation Insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the within agreement. During the entire term of this Agreement, Contractor agrees to procure and maintain public liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of the City or Contractor, its sub- contractors, agents or employees, or any person acting for the City, or Contractor or under its control or direction, and also to protect against any loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the City, or Offeror, or its subcontractors, agents, or any person acting for the City or contractor, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect City against incurring any legal cost in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in full force and effect throughout the term of the agreement and any extension thereof in the following minimum limits: Bodily Injury: $250,000 each person $500,000 each occurrence $500,000 aggregate products & completed operations Property Damage: $ 100,000 each occurrence $ 250,000 aggregate A combined single limit policy with aggregate limits in the amount of $500,000 will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name the City of La Quinta as an additional insured. u...^ 090 INVITATION TO BIDPage 14 If the operation under this contract results in an increase or decreased risk in the opinion of the City Manager, then Contractor agrees that the minimum limits hereinabove designated shall be changed accordingly upon request by the City Manager; provided, however, that the Contractor may appeal to the City Council within ten (10) days after any increase is requested and such requirement for increased coverage shall be subject to determination by the City Council. Contractor agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to persons or property resulting from Contractor's activities, the activities of its sub -contractors, agents for the activities of any person or persons for which Contractor is otherwise responsible. PZ •-7- . 1 A Certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage, including an additional insured endorsement, with a company acceptable to the City's Manager shall be submitted to the City Clerk prior to execution of this Agreement on behalf of City. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for non-payment of premiums or otherwise, within thirty (30) days prior written notice of amendment or cancellation to City.ln the event the said insurance is canceled Contractor shall prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts heretofore established. 25.1 The Contractor shall be held responsible for any breakage, damage loss of City's equipment or supplies through negligence of the Contractor or his employees while working on the City's premises. 25.2 No products, supplies, or equipment shall be used by the Contractor which are injurious or damaging to any surface to which they are applied or exposed. The Contractor shall be responsible for restoring/replacing any equipment, facilities, furniture, floor covering, etc. so damaged. 25.3 The Contractor shall immediately report to the Director of Building and Safety any damages to the premises or furnishings resulting from janitorial services being performed. 091 INVITATION TO BID Page 15 All of Contractor's employees shall at all times wear an identification tag bearing the employees' name and photograph. Name tags shall be worn in a conspicuous place so as to be readily visible. The Contractor shall be responsible for the safekeeping of all areas in which janitorial services are performed at times other than the City's regular business hours. This responsibility shall include but not necessarily be limited to the following: 27.1 Barring all unauthorized persons. 27.2 Locking and securing all doors and windows activating the alarm system and turning off lights in these areas when the Contractor leaves the premises, except those lights and equipment designated to be continuously turned on. 27.3 Keeping entry door locked at all times and alarm system for those doors activated. The Contractor will be issued keys to all areas in which janitorial services are to be performed. Two (2) keys per area will be issued to the Contractor. The Contractor shall maintain such control over issued keys as to prevent duplication or loss. 28.1 Should contractors loss or failure to control keys result in the necessity for the City to replace its locks the Contractor shall be required to pay for same. Contractor understands and accepts that the agreed upon cost of recombinating a lock core shall be $30.00 and the cost of each key to be replaced is $5.00. 28.2 In the event of contract termination' cancellation, or completion, the Contractor must return all keys issued to him/her. 28.3 The Contractor understands and agrees that all monies due him shall be withheld until such time as when the Contractor has returned all keys issued to him. If the Contractor is unable to produce any of the keys issued to him, he shall assume full financial responsibility for changing all affected locks, and providing the necessary keys for those new locks. ~ ^ 092 INVITATION TO BID Page 16 The Contractor shall be responsible for all supervision required to satisfactorily perform the requirements of the contract. 29.1 Contractor shall submit a supervisory chain of command document identifying personnel names and telephone numbers, providing update as necessary. Said document must be submitted to the Director of Building and Safety on or prior to the first day of work. The Contractor must furnish and maintain in good repair all equipment necessary to perform his/her duties including but not limited to vacuums, mops, brooms, buffers, and high lift equipment, etc. Any replacement of supply dispensers other than exact duplicates shall require prior approval of the Director of Building and Safety. ,... .r 093 INVITATION TO BID Page 17 .••. • • n, •1 .•• • 1• • • 32.1 All responses must be made on forms supplied by the City unless otherwise stipulated. The entire Invitations for Bid must be returned in its entirety with all requested information completed. DO NOT DETACH ANY PART. Except for additional information specially requested with this document or by written addenda no additional material will be accepted. 32.2 All responses must be completed as required, signed by an official of the firm authorized to enter into a binding agreement with the City and must be received in the place and time designed in this document. One signed_ original shall be ��,nnlied to the �1tX• 32.3 The City of La Quinta reserves the right to reject the bid of any offeror who previously failed to perform properly, or completed on time, contracts or agreements of similar nature, or to reject the bid of an offeror who is not in a position to perform such a contract satisfactorily. 32.4 The right is reserved to reject any or all bids and to waive any minor informality or technical defect in a bid. 32.5 Submission of a signed bid will be interpreted to mean that Offeror has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Invitation. 32.6 Offeror will be required to file an Affidavit of Non -Collusion with their bid. This shall be Signed and sworn before a Notary Public with a commission in the State of California. 32.7 Successful Offeror will be required prior to commencement of work, to be licensed in accordance with the La. Quinta Municipal Code. The Contractor shall fully coordinate his/her activities in the performance of the contract with those of the City, as the work of the Contractor progresses, advice and. information on matters covered by the contract shall be made available to the Contractor by the City throughout the effective period of the contract. 094 MUM 1.11011111102 31.. Page 18 34. Hours of Work Offeror understands and agrees that janitorial services shall be performed during hours to be agreed upon with the Director of Building and Safety and on the days identified in these specifications, City recognized holidays excepted. Such performance shall not disrupt any City functions or business during the times set forth above. In any event, all required janitorial services shall be completed before the next scheduled work day. 35. Evaluation Standards for Contract Compliance Evaluation of the performance of the Contractor shall be made by the City's Director of Building and Safety. 35.1 Contractor shall give immediate attention to the correction of all complaints. If the contractor receives more than three (3) complaints in a single month for unsatisfactory performance, and the complaints are found valid by the City and not remedied within twenty four (24) hours of each complaint the contract may be terminated. 35.2 A recurring pattern of complaints of a similar nature shall be construed as non- compliance and the contract shall be terminated. 36. Displaced Janitor Opportunity Act A successor contractor or successor subcontractor shall retain, for a 90 day transition employment period, employees who have been employed by the terminated contractor, or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract. The terms and conditions of Chapter 4.5 Section 1060 of Part 3, Division 2 of the Labor Code will apply to the successor contractor. 095 VII Y UV LA U.UIN IA BID PROPOSALS Page 19 SCHEDULEI PRICING SHEET - BASE BID Base Bid - Firm fixed price per month for providing Janitorial Services, as specified, for the following buildings for the one (1) year contract: LOCATION Civic Center Public Library Two Restrooms Senior Center Clean every Sunday after 9:00 p.m. La Quinta Museum DAYS PER WEEK (5 days) (7 days) (7 days) (5 days) (1 day) (5 days) Sheriff's Station - north (5 days) Sheriff's Substation (5 days) Public Works Yard (5 days) Restroom/Offices ESTIMATED SQUAREFOOTAGE TOTAL PER OF BUILDING MONTH 53,000 Sq. Ft. $ 18,000 Sq. Ft. $ S 10,500 Sq. Ft. $ S 8,800 Sq. Ft. $ 3,300 Sq. Ft. $ 775 Sq. Ft. $ 1,900 Sq. Ft. $ Sports Complex (7 days) 475 Sq. Ft. $. (Restrooms & Snack Bar floor must be done M-F before 4:00 p.m., weekends before 8:00 a.m.) Fritz Burns Park Restrooms (7 days) 150 Sq. Ft. $ Swimming Pool June — September Restrooms/offices L.Q. Park Snack (7 days) 600 Sq. Ft. $ Bar & Restrooms (must be done M-F before 4:00 p.m., weekends before 8:00 a.m.) Clean Restock (2 days - Saturday & Sunday) $ Restrooms TOTAL BASE BID FOR ONE YEAR (TOTAL PER MONTH X 12) ......... $ (ALL FACILITIES) It is understood and agreed that this bid may not be withdrawn until sixty (60) days from the opening thereof, and in no case if the bid is awarded to the undersigned bidder. Addenda' is/are hereby acknowledged 0 Firms' Address: M 096 INVITATION TO BID Page 20 CITY OF LA QUINTA STATEMENT OF QUALIFICATIONS AND INFORMATION FOR JANITORIAL SERVICES No bid will be considered unless this document and all schedules and attachments specified are completed in full. All applicable items muss be filled out. Offeror is required to supply the following information. Additional sheets may be attached if necessary. 1. Name of Company Address 2. Authorized Representative Telephone No Address (if different from above) 3. Type of Organization: Corporation Joint Ventu Partnership Other (if other explain) If corporation, organized under the laws of the State of 4. List names and addresses of all members of the Offeror's firm or names and titles of all officers of the corporation: 5. Number of years experience as a contractor in janitorial services work: 6. Fill in the attached Bidder's Reference List. 7. Offeror shall submit detailed description of all hiring, training, testing, and disciplinary policies and procedures used by this firm. (Additional sheets may be attached if necessary) ".-. •0 097 INVITATION TO BID Page 21 HIRING AND TESTING PROCEDURES EMPLOYMENT STATUS: Contractor shall act hereunder as an independent contractor and not as an employee. Contractor shall select its own employees, agents or servants and such employees, agents, and servants shall be and act under the exclusive and complete supervision and control of Contractor. Contractor hereby acknowledges its responsibility for all withholding taxes, payroll taxes and all other compensation for all employees, agents or servants engaged by Contractor in the performance of their terms of this Agreement. Contractor recognizes that as an independent contractor, Contractor's employees shall not be eligible to participate in any of the City of La Quinta employee benefits programs rendered hereunder. EQUAL OPPORTUNITY: Contractor and City of La Quinta agree that in performance of agreement, there shall be no discrimination on account of race, religion, sex, age or national origin and each shall comply with applicable federal, state and local laws and regulations pertaining to fair employment practices. EMPLOYEES OF CONTRACTOR: Any and all employees of Contractor not satisfactory to City of La Quinta will be replaced upon request as soon as possible by another, who will be satisfactory. The questions as to whether any employee proves satisfactory to the City of La Quinta is one which is to be determined solely by the City of La Quinta with or without cause, and without regard to the basis upon which such decision shall be made. All persons employed by Contractor to perform the La Quinta Services herein required of Contractor shall be screened as to their background and previous work records so that only persons of integrity will be employed by Contractor. -•• 098 INVITATION TO BID Page 22 STATE OF COUNTY OF That he is AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR (insert "Sole Owner" "Partner", or other proper title) 669 , being first duly sworn, deposes and says: of (Insert name of bidder) who submits herewith to the City of La Quinta, a proposal; that all statement of fact in such proposal are true; That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association or corporation; That such bidder has not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of La Quinta, or of any other bidder or anyone else interested in the proposed contract; and further, That prior to the public opening and reading of proposal, said bidder: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham proposal. (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal. (c) Did not, in any manner, directly or indirectly, seek by agreements, communications, or conference with anyone to raise or fix any overhead profit, or cost element of this proposal price, or that of anyone else. N..." 099 INVITATION TO BID Page 23 (d) Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of La Quinta or to any person or persons who have a partnership or other financial interest with said bidder in his business. Subscribed and sworn to before me this day of , 2009 By: Notary Public in and.for said County and State Title " 100 Page 24 DETAILED SPECIFICATIONS FOR CUSTODIAL SERVICES GENERAL SCOPE OF WORK The City of La Quinta, Riverside County California, wishes to retain the services of a firm to provide custodial services for its Civic Center located at 78-495 Calle Tampico, Public Library located at 78-275 Calle Tampico, Senior Center located at 78-450 Avenida La Fonda, Museum located at 77-885 Avenida Montezuma, Sheriff Station located at 79-440 Corporate Center Drive #119, and five other miscellaneous buildings. The structures consist of approximately 97,500 square feet. The City is looking to contract for five nights per week at the Civic Center, Public Library, Senior Center, Museum, Sheriff Station - north, Sheriff Substation, Public Works Yard (7 nights per week at Fritz Burns Park Restrooms, Sports Complex Snack Bar and Restrooms, Public Library Restrooms and La Quinta Park Restrooms) for janitorial service with a qualified firm. SPECIFICATIONS The following is an itemized list by area of cleaning activities and the frequency at which each should occur. Cleaning products and paper supplies shall be environmentally friendly, and be green or green seal certified. NIGHTLY JANITORIAL SERVICE GENERAL — Offices at all locations, conference rooms, council chambers 1 . All waste containers shall be emptied and contents disposed of in designated area, and return containers to original locations 2. Liners to be used in all waste containers 3. Sweep and damp mop all hard flooring 4. Vacuum all carpeted areas 5. Dust desks, chairs, tables and other office furniture and equipment (paperwork must be cleared by City staff) 6. Clean and polish all drinking fountains 7. Spot clean to remove fingerprints from glass entry doors and glass partitions 8. Replace any burned out light bulbs (city will provide bulbs) 9. Clean tile entry at Senior Center GYM AREA (Civic Center) 1. Sweep and damp mop flooring ',... 1 101 Page 25 LUNCHROOM, KITCHEN AND COFFEE AREAS 1 . Damp wipe all table tops and chair seats 2. Clean microwave inside and out 3. Outside of refrigerator to be cleaned 4. Sweep and damp mop or vacuum all floor areas 5. Run dishwasher in lunchroom 6. Clean and disinfect all sinks and countertops (dishes cleaned by City staff) 7. Empty trash and replace liners in containers RESTROOMS AND LOCKER ROOMS 1. Clean and sanitize all urinals and commodes and wash basins including all chrome fittings, bright work and countertops. 2. Clean tile behind urinals 3. Sweep floors and damp mop with germicidal cleaner 4. Empty waste containers and replace liner 5. Clean all mirrors 6. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.) FACILITY MAINTENANCE - RECEIVING (Civic Center) 1 . Sweep or dust mop floor 2. Empty trash containers JANITOR CLOSET (Civic Center and Senior Center) 1 . Sweep or dust mop floor 2. Remove all trash to designated area 3. Maintain neat and orderly storage WEEKLY JANITORIAL SERVICE ' These items must be performed at least once a week in addition to the nightly service. GENERAL Offices at all locations, conference rooms, study session room, and council chambers 1 . Spray and buff all tile floors 2. Dust all ledges and other flat surfaces below 6 feet from floor 3. Dust all picture frames and art work 4. Remove chairs and vacuum under desks 5. Power wash entrances and patios at Library, Museum, Senior Center, Sports Complex, La Quinta Park, and five perimeter patios at Civic Center weekly. 102 Page 26 LUNCHROOM KITCHEN AND COFFEE AREAS 1. Deep clean and polish sinks and countertops (dishes will be cleared by City staff). RESTROOMS AND LOCKER ROOMS 1. Dust all ledges and partitions JANITOR CLOSET 1 . Wash sink basin 2. Mop floors 3. Restock supplies TELEPHONE ELECTRIC AND STORAGE AREAS 1. Sweep and damp mop floors MONTHLY JANITORIAL SERVICE These items must be completed at least once a month in addition to all nightly and weekly services. GENERAL — Offices at all locations, conference rooms and council chambers 1. Clean base molding and vacuum edge of carpeted areas 2. High dust all areas 6 feet and above (contractor must provide an approved lift to perform this service) 3. Remove fingerprints from doors and frames 4. Spot clean minor stains in carpet 5. Spot clean wall surfaces in hallways 6. Spot clean minor stains in seats in the council chambers LUNCHROOM, KITCHEN AND COFFEE AREAS 1. Remove lime buildup from faucets RESTROOMS 1. Thoroughly wash partitions and doors 2. Spot clean wall surfaces 3. Thoroughly wash all floors and detail corners 4. Strip and re -wax floors 5. Remove lime buildup from all fixtures 6. Clean showers and remove mildew 103 Page 27 QUARTERLY JANITORIAL SERVICE GENERAL — Offices at all locations, conference rooms, council chambers 1 . Spin pad shampoo hallways and high traffic areas 2. Strip and re -wax tile floors 3. Wash and wipe trash containers 4. Wash all windows inside and out/power wash around windows and entries Lunchrooms and Kitchen 1 . Wash and wipe trash containers 2. Strip and re -wax tile floors SEMI-ANNUAL JANITORIAL SERVICE 1. Vacuum heating and air conditioning vents Restrooms Wash all wall surfaces ANNUAL JANITORIAL SERVICE 1. Steam clean all carpeted areas �• ' 104 BID BOND FOR JANITORIAL SERVICE KNOW ALL PERSONS BY THESE PRESENTS: THAT Page 28 , as Bidder and as Surety, are held firmly bound unto the City of La Quinta, in the penal sum of DOLLARS I$ ), which is ten percent of total amount bid for one year of service, by Bidder to City for the above stated project, for the payment of which sum well and truly to be made,. we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH AT SAID Bidder is about to submit a bid to said City for the above stated project if said bid is rejected or said Bidder is awarded a contract by the City and, within the time and in the manner required in their Specifications for said project, enters into the written form of Contract boundary with said Specifications and furnishes the required bond to guarantee faithful. performance, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City. In the event suit is brought upon this bond by said City and judgement is recovered, said Surety shall pay all costs incurred by said City in such suit including a reasonable attorney's fee to be fixed by the court. . SIGNED AND SEALED, this day of , 2009 By: Signature (SEAL) 0 Signature Subscribed and sworn to this day of NOTARY PUBLIC �...� 105 (SEAL) rim. F- U) J ZLu U 3 Z d W 2 Q W J LL LLJ U. O V) F- C W U � O. m M W U C: W N Q O Z Q C: O LL 0 m O F Z O Q H Z cc O LL W Z 0 a W J W H H U Z QO Z Q O W U a U fn Q W F- H Z Q 00 U LL O W J �LL V) M W S 0 0 Q '- N M Lo '� 106 Ifluf^F44" COUNCIL/RDA MEETING DATE: June 16, 2009 ITEM TITLE: Approval of a Professional Services Agreement with MRC Engineering, Inc., for Engineering and Design Services of Field Lighting at Colonel Paiae Middle School RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ki 111) ]`(9IIY.9S0]►B PUBLIC HEARING: Approve a Professional Services Agreement with MRC Engineering, Inc. in the amount of $30,000 for Engineering and Design Services of field lighting at Colonel Paige Middle School and authorize the City Manager to execute the Agreement. I 9R10711 W ITA 041 LaA 11181 ` 63 The design services will be funded using Quimby Funds available in the Capital Improvement Program for Colonel Paige Field Lighting in the amount of $323,849. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Due to the popularity of youth soccer and the increasing demand for field space in the City, staff has been researching opportunities for additional fields to be used by the local youth sports associations. In 2006, staff began discussions with the Desert Sands Unified School District (DSUSD) for the use of the sports fields at the new Colonel Paige Middle School. The purpose of these discussions was to alleviate the high impact field usage at La Quinta Park. p... 107 VI A DSUSD facility use contract (rental agreement) was approved in 2007 to utilize the Colonel Paige Middle School soccer fields. The contract allows the American Youth Soccer Organization (AYSO) to use the fields for 90 hours during the soccer season. The La Quinta AYSO moved their youngest divisions (ages 5-9) to Colonel Paige Middle School site and began conducting practices and games on Saturdays. Due to the short days in the fall and the lack of lighting, the younger age divisions are not able to use the Colonel Paige Middle School fields for practice on weekdays during the soccer season. The field lighting will help address concerns of overcrowding and over- use of fields at La Quinta Park, and will allow more use of the fields at Colonel Paige Middle School. DSUSD is willing to allow the City to install sports field lighting at Colonel Paige Middle School and enter into a Memorandum of Understanding between DSUSD and the City. On March 17, 2009, the City Council authorized a Request for Proposals for Engineering and Design Services for the Field Lighting at Colonel Paige Middle School. A Selection Committee reviewed six proposals and is recommending MRC Engineering, Inc. The Scope of Services will be provided in two phases. An initial phase will be to prepare a preliminary design sufficient to allow for the preparation of necessary studies under the California Environmental Quality Act (CEQA). The cost for the initial phase will be $18,000 which is 60% of the PSA. If the City Council certifies the CEQA documentation and authorizes the preparation of the detailed plans, then MRC Engineering will move to the second phase of the work. The cost for the second phase will be $12,000 which is 40% of the PSA. Attachment 1 is the Professional Services Agreement for City Council review. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with MRC Engineering, Inc. in the amount of $30,000 for Engineering and Design Services of field lighting at Colonel Paige Middle School and authorize the City Manager to execute the Agreement; or 2. Do not approve a Professional Services Agreement with MRC Engineering, Inc. in the amount of $30,000 for Engineering and Design Services of field lighting at Colonel Paige Middle School; or 3. Provide staff with alternative direction. 108 Respectfully submitted, Ed4Hylt Community Services Director Approved for submission by: /T omas P. Genovese, City Manager Attachment: 1. Professional Services Agreement ~ 109 ATTACHMENT 1 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 MRC Engineering, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the preparation of the plans, specifications and engineer's estimate for the Colonel Paige Sports Field Lighting Improvements, Project No. 2008-06, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). ••... 110 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require professional skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a standard of quality and workmanship applicable to members of Consultant's profession. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in. addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Thirty Thousand Dollars 030,000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieur'e. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 112 3.4 Term. The term of this agreement shall commence on June 2, 2009 and terminate on August 31, 2010 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Ralph A. Raya, Principal/Project Engineer Randall V. Moss, P.E., LEED, Principal/Project Engineer a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E., Public Works Director/City Engineer, or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and .employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 113 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed- hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or ��- 114 Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. 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, ten (10) days notice if cancellation is due to nonpayment of premium. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. " 116 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape, architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. -117 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 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, ten (10) days notice if cancellation is due to nonpayment of premium. 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 Nti, 119 responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. •" 120 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 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. ._• 121 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. u.. 122 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. X.. 123 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 'go... 124 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 _Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: MRC ENGINEERING, INC. Attention: Ralph A. Raya Principal/Project Engineer 72-880 Fred Waring Drive Suite C-11 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. 126 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: MRC Engineering, Inc. By: Name: Ralph A. Raya Title: Principal/Project Engineer ADate: D 127 Last Revised 1-19-07 Exhibit A Scope of Services The Consultant's Scope of Work, dated May 18, 2009, is attached and made a part herewith. 128 EM ENGINEERING, INC. Peatrrl D...0 f I"Ina ( son 01 e,* EXHIBIT A PROJECT SCOPE OF WORK May 18, 2009 • Attend pre -design meetings with City, Desert Sands Unified School District (DSUSD), and Colonel Paige school staff and attend Council or School Board meetings as required. • Prepare the project base plans and begin the utility coordination process • Survey all site above and below ground structures Including the existing irrigation system. • Investigate alternative sports lighting solutions that provides alternate lamp sources and lighting control systems. • Review the previously submitted preliminary studies, drawings and specifications provided by Musco Lighting "Green Lighting" equipment and meet with Musco Lighting representatives to insure they are meeting the City's soccer field lighting requirements. • Provide an evaluation of the Musco sports lighting system against proposed alternate sports lighting system and make a final recommendation to the City of la Quinta. ■ Provide a new AutcCAD base map to Musco Lighting other equal sports lighting systems to produce final photometric analysis. ■ Coordinate the new electrical with the local utility company and identify placement of the new service switchgear. • Prepare structural calculations and details based on the lighting structure heights, EPA and installation requirements. • Provide project construction specifications (CSA Format) that addresses all construction installation requirements, equipment specifications, lighting control systems, turf repairs, irrigation system repairs and lighting products. • Prepare a complete set of construction documents including all plans, details, technical specifications, notes and schedules required for submittal to the City of La Quinta, Division of the State Architect (DSA), bidding and construction. • Submittals process shall include Concept Review, 85% complete plans & technical specifications, 100% construction documents, specifications and cost estimate and final review submittal. • Final drawings, technical specifications and construction estimates will be provided in its original format, AutoCAD, Word, Excel for Windows format. Final approved drawings will be delivered on "D" size Mylar. ■ Coordinate the submittal process to the City of La Quinta and to the Division of the State Architect (DSA) and respond to all comments. • Attend a pre -award meeting with the assumed low bidder and their trades to review the project and to insure that the contractor fully understands the engineering and design intent and construction objectives. • Provide construction support, final review, punch list, project close out Professional Engineers & Lighting Consultants 72-880 Fred WoSng Drive, Suite C-11, Polm Desert, CA 92260 I t: 760-340-9005 f: 760-340-9100 I www.mrc-e.com 129 Last Revised 149-07 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Thirty Thousand Dollars ($30,000.00) except as specified in Section 1.6 - Additional Services of the Agreement. The project fixed fee is further broken out as follows: Base Contract Amount: $29,150.00 Reimbursable Expenses: $ 850.00 Total Fixed Fee: $30,000.00 The project will be designed in two phases. The first phase, preliminary engineering, will include, topographical survey, the preparation of the base drawings, project specification that clearly define the project, conceptual plan and lighting layout, photometric studies for lighting system alternatives, and an appropriate number meetings with stakeholders to assist in the completion the. appropriate California Environmental Quality Act (CEQA) document. The second phase of this work effort will be completed following the approval and certification of the CEQA document by the City of La Quinta, and will include final engineering, the preparation of construction documents, bid specifications, and submittal and coordination with approval authorities. The second phase will not proceed until the engineer is authorized in writing by the City of La Quinta. '".•. 1 130 MIRIc. ENGINEERING-, INC. Project Name: Client Name: Phone: Client Address: EXHIBIT "B" PROJECT PROPOSAL May 18, 2009 La Quinta Soccer Field at Project No.: Colonel Paige Middle School Contact Name: City of La Quinta 760-777-7000 Palm: Desert I Irvine ( San Diego Nick Nickerson, Jr. Fax: 760-777-1231 79-495 Calle Tampico, La Quinta, CA 92247 Description of Services: 1. See the attached document Exhibit A Compensation shall be on a fixed fee basis of Thirty Thousand Dollars including expenses not to exceed Eight Hundred and Fifty Dollars ($30,000.00). Compensation for Additional Services or work not covered in the base contract shall be computed based on the following rate schedule unless a fixed fee agreement is created for the Additional Services. Principal $195.00/hr Project Engineer $125.00/hr Designer $95.00/hr CAD/Administration $60.00/hr Terms 1. Project Invoice statements will be presented on a monthly based upon percentage of work completed for each phase of work completed. 2. As stated In the agreement developed by the City of La Quinta If you have any questions or recommendations to our fee proposal please contact me to discuss. Respectfully submitted, 44�-- Ralph A. Raya Principal Protesswnol.-Engineers.& Lighting, Consultonts 72-e80 Fred Waling Dnve';,Suite C-11,_Palm Desert,: CA 92260 I o: 7b0-340.9005 f; .7ED•3A0.410p) www mrc-e.com u... 131 Last Revised 1-19-07 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. 132 MI RI c ENCINFERINM INC. EXHIBIT "C" WEEKLY PROJECT SCHEDULE May 18, 2009 Weeks of May 171h to 24th pall Gosart I 1,16. I San 01.,. • Start the site survey and creation of the AutoCAD base site plans. • Schedule and perform the aerial survey • Provide the on site survey of the site and existing utilities. • Schedule meeting with the City of La Quinta, Desert Sands Unified School District (DSUSD) and Colonel Paige School Staff • Contact Imperial Irrigation District (IID) to schedule a site meetings • Contact Musco Lighting and request preliminary drawings. • Identify equal lighting products to the Musco "Green Lighting" equipment • Review all the Musco preliminary drawings and make recommendations and/or request changes needed to meet the project requirements. Weeks of May 31" to June 7th • AutoCAD base drawings completed and sent to the Design Team • Send AutoCAD files to Musco and other equal sports lighting manufacture for preparation of the final sports lighting plan and photometrics. • Attend meeting with the City of La Quinta and DSUSD to review work progress. • Review of the civil engineers site survey, existing conditions, obstructions relating to the project, existing structures and existing utilities. • Submit load calculations, service applications, preliminary single line diagram and proposed service location to III) for review and preparation of there engineered drawings. • Prepare the preliminary technical specifications, cost estimate and electrical drawings. June 121h - Submittal Date (5 weeks) • Submit the "Concept Review Drawings" to the Client for review and comment. Weeks of June 14'h to July 12th • Attend meetings to review the "Concept Review Drawings" • Prepare the final construction documents that incorporate the City's and DSUSD review comments. • Prepare final sports lighting pole base structural calculations and pole base details. • Finalize the technical specifications that include electrical installation and material requirements, landscape turf repairs, irrigation repair requirements and the sports lighting specification and requirements. • Finalize the engineers project cost estimate. • Incorporate the Musco Lighting final equipment specifications, photometric plan, schedules, diagrams and details into the electrical construction documents. Professional Engineers & L%ghfing Consultants 72.880 Fred Woring Drive,. Suite C-11. Foim Desert,. CA.92260 I ti 760-340-9005 fi 760 3A0-4100 ! 'Nvt}Y.mrc-e.coin . " 133 EMES EWG3NCCR(NCa INC, P`olm D..." ` In[i � san DI.ga July 17°i- Submittal Date (10 weeks) • Submit 100% construction documents, specifications and cost estimate Weeks July 19r^ to August 23rd Submittal to DSA and the City of La Quinta Make alt review comment corrections from DSA and the City of La Quinta August 28, 2009 - DSA and City of La Quinta Approved Documents (15 weeks) September 7' (estimated) Advertise for bidding October 12a' (estimated) • Bid Date November 23rd (estimated) Award the project to the low bidder. Professional. Engineers 8 Lighting Consultants 72-880 Fred Waring Drive, Suite C-11, Paim. Desert, CA 92260 1 ti. 760.340�9005 f: 760-340-9100 I www,mrc-.e.com ',- 134 Last Revised 1-19-07 Exhibit D Special Requirements NONE. 135 �Fc�. ow5�v N OF TttF COUNCIL/RDA MEETING DATE: June 16, 2009 AGENDA CATEGORY: ITEM TITLE: Approval of Amended Agreement for Legal BUSINESS SESSION: Services with Rutan & Tucker, LLP CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Amended Agreement for legal services with Rutan & Tucker, LLP and authorize the City Manager to execute the Amended Agreement. FISCAL IMPLICATIONS: Adequate funds have been budgeted in Account 101 -101 -601 -000, General Legal Services, and in 101-101-601-523, Litigation Legal Services, in fiscal year 2009- 2010 for legal services. The amendments in the 2009-2010 contract include no increases in the monthly retainer or in any of the hourly billing rates. Instead, Rutan & Tucker, LLP. will be reducing its monthly retainer for months in which a City Council or Planning Commission meeting is either cancelled or otherwise does not require the attendance of the City Attorney or Assistant City Attorney. In addition, Rutan & Tucker is adding two additional office hours per month at no additional charge to the City. CHARTER CITY IMPLICATIONS: None. I�e[�3;(r1:��1�1��U7e1 �UZ�PI�:l�Il�h'A On June 2, 2009, the City Council completed its annual review of the City Attorney and gave her and Rutan & Tucker a favorable evaluation. For the 2009- 136 2010 Fiscal Year, the City Attorney is not proposing any rate increases. Instead, given the current economic conditions, she is recommending certain reductions to the monthly retainer, which is currently a flat rate of $1 1,000 a month. The retainer covers the attorney services at regular City Council and Planning Commission meetings and the office hours conducted in association with those meetings. The Planning Commission has been meeting less frequently. In addition, some of the regularly scheduled meetings of the Planning Commission and possibly the City Council may not include items likely to generate legal questions. To address this circumstance, and to help reduce the City's costs for legal services, the following retainer reductions have been suggested by the City Attorney: 1. A $1,500 reduction for each bi-monthly Planning Commission meeting that is cancelled or which does not require City Attorney/Assistant City Attorney attendance; and 2. A reduction of $4,000 for each bi-monthly City Council meeting land related Tuesday/Wednesday office hours) that is cancelled or otherwise does not require the City Attorney's attendance. In addition, the City Attorney is expanding her office hours at no additional charge, by changing the commencement of her Council day office hours from 10:00 a.m. to 9:00 a.m. Michael Houston will continue to serve as Assistant City Attorney for the City of La Quinta. Attachment No. 1 is the 2009-2010 Contract for Legal Services that shows all the proposed changes. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Amended Agreement for legal services with Rutan & Tucker, LLP, and authorize the City Manager to execute the Amended Agreement; or 2. Do not approve the Amended Agreement for legal services with Rutan & Tucker, LLP; or 3. Provide staff with alternative direction. 137 Respectfully submitted, �6 J M. Katherine Jenson, City Attor y Approved for submission by: r1lxt-� Thomas P. Genovese, City Manager Attachment: 1 . 2009-2010 Contract for Legal Services E 138 ATTACHMENT 1 AMENDED AGREEMENT FOR CONTRACT LEGAL SERVICES THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement"), is made and entered into by and between THE CITY OF LA QUINTA ("City"), a California municipal corporation, the LA QUINTA REDEVELOPMENT AGENCY ("Agency"), a California public entity, and RUTAN & TUCKER, LLP ("R&T") a Limited Liability Partnership, as of July 1, 2009. The parties hereto agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, R&T shall provide general City attorney and Agency legal counsel services, and all necessary additional legal services, as respectively specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference ("Services" or "work"). 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. R&T shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services that it is responsible to provide as required by this Agreement. 119/015610-0002 89614.10 a06/09/09 '"•• • 139 2. COMPENSATION 2.1 Schedule of Compensation. The "Schedule of Compensation" is attached hereto as Exhibit "B" and incorporated herein by this reference. The rates in the Schedule of Compensation shall become effective on July 1, 2009. 2.2 Method of Payment. R&T shall submit to the City on a monthly basis in the form approved by the City's Finance Director, an invoice for services rendered during the prior month. Such invoice shall (1) describe in detail the services provided, including the amount of time spent on the matter, (2) specify each person who has provided services and the number of hours worked by each such person, and (3) indicate the total charges on the matter to date. The City will pay the invoice within thirty (30) days after the date the invoice is received. 3. PERFORMANCE SCHEDULE 3.1 Term. Unless earlier terminated in accordance with Section 6.2 of this Agreement, this Agreement shall commence on July 1, 2009, and shall continue in full force and effect until completion of the Services. The performance of the City Attorney shall be reviewed by the City Council on or about June 30, 2010, and shall be reviewed annually thereafter. 4. COORDINATION OF SERVICES 4.1 R&T as General Counsel. M. Katherine Jenson was designated, effective June 27, 2000, as the City Attorney and Agency's general counsel, and shall have primary responsibility for coordination of all legal services for the City and the Agency. John Ramirez was designated, effective June 27, 2000, as 140 119/015610-0002 89614.10 a06/09/09 -2- the Assistant City Attorney and Assistant Agency Counsel. Michael Houston was designated, effective May 27, 2003, as an additional Assistant City Attorney and Assistant Agency Counsel. 4.2 Additional Representatives of R&T. The following additional attorneys of R&T are hereby designated for the Services specified herein: (a) David Cosgrove, as the primary counsel with respect to eminent domain. (b) L. Ski Harrison, as the primary counsel with respect to labor issues. (c) William M. Marticorena, with respect to cable television and bond counsel. (d) Penelope Parmes, as primary counsel with respect to bankruptcy issues. (e) Dan Slater and Allison LeMoine-Bui, to assist Ms. Jenson and Mr. Houston with regard to redevelopment issues. Substitution of the foregoing attorneys shall be permitted with the consent of the Contract Officer. The foregoing attorneys shall be primarily responsible during the term of this Agreement for devoting sufficient time to personally supervise any other attorneys or paralegals in providing the Services provided by R&T hereunder. 4.3 Contract Officer. The Contract Officer shall be the City Manager of the City or such other person as may be designated by the City Manager. It shall be R&T's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services. 4.4 Prohibition Against Subcontracting or Assignment. R&T shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City and Agency. In addition, 119/015610-0002 89614.10 a06/09/09 - -3- ��.. • 141 neither this Agreement nor any interest herein may be assigned or transferred, voluntary or by operation of law, without the prior written approval of City and Agency. 4.5 Independent Contractors. Neither the City nor any of its employees shall have any control over the manner, mode or means by which R&T, its agents or employees, perform their respective Services required herein, except as otherwise set forth. R&T shall each perform the Services required herein as separate independent contractors of City and Agency and shall remain at all times as to City wholly an independent contractor with only such obligations as are consistent with that role. 4.6 Insurance. R&T will provide certificates of professional liability insurance for its Services of at least $500,000 per occurrence and one million in the aggregate. 4.7 City and Agency Cooperation. The City and Agency shall provide R&T with any data or information pertinent to Services to be performed hereunder which are reasonably available to the City and Agency and necessary for the provision of such Services. 5. RECORDS AND REPORTS 5.1 Reports. R&T shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 5.2 Records. R&T shall keep such books and records as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the cost and the 119/015610-0002 89614.10 a06/09/09 -4- '�'.. 1 `F performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6. ENFORCEMENT AND TERMINATION OF AGREEMENT 6.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and R&T covenants and agree to submit to the personal jurisdiction of such court in the event of such action. 6.2 Termination. This Section shall govern any termination of this Agreement. All parties reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. 7. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 7.1 Non -liability of City Officers and Employees. No officer or employee of the City or Agency shall be personally liable to R&T in the event of any default or breach by the City or Agency or for any amount which may become due to R&T, or for breach of any obligation of the terms of this Agreement. 7.2 Conflict of Interest. R&T warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 143 119/015610-0002 _ 89614. 10 a06/09/09 -5 7.3 Covenant against Discrimination. R&T covenants that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. R&T shall take any necessary action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age, or ancestry. 8. MISCELLANEOUS PROVISIONS 8.1 Notice. Any notice, demand, request, consent, approval, communication the parties desire or are required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 8.1. To City or Agency: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: Thomas P. Genovese City Manager To R&T: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: M. Katherine Jenson 1191015610-0002 _6_ •••• . _ 144 89614. 10 a06/09/09 8.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. This Agreement specifically supersedes the prior Agreements for Contract Services. 8.3 Amendment. This Agreement may be amended at any time by the consent of the parties by an instrument in writing signed by all parties. 8.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 8.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 119/015610.0002 _']_ ,�•• . 145 89614,10 a06/09/09 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA Dated: .2009 Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk LA QUINTA REDEVELOPMENT AGENCY 2009 By: Thomas P. Genovese, Executive Director ATTEST: Veronica J. Montecino, CMC, Agency Secretary RUTAN & TUCKER, LLP Dated: 2009 By: M. Katherine Jenson, Partner 119/015610-0002 146 89614.10 a06/09/09 -8- EXHIBIT "A" SCOPE OF SERVICES I. SCOPE OF SERVICES. A. General. City and Agency employs R&T and R&T agrees to perform all required legal services as City Attorney -- General Counsel to the City and Agency Counsel to the Redevelopment Agency including, without limitation, the following: 1. Regular office hours and coverage of all City Council, Agency Board and Planning Commission meetings. Attendance at other commission, committee or negotiating meetings upon request. 2. Prepare and/or review all ordinances, resolutions and agreements of the City and the Agency. 3. Render such other legal services and advice as required and may from time to time be requested by the City Council or City Manager on any matter affecting the operation of the City and/or the Agency. 4. All litigation matters concerning the City and/or Agency. B. Retainer Services. R&T agrees that it as part of its retainer, it shall provide, through the services of M. Katherine Jenson, John Ramirez or Michael Houston, office hours at City Hall for the time specific in Exhibit B, Section I.A. (the "Retainer Time"). It is currently anticipated that as a general rule, M. Katherine Jenson will attend Council and Agency meetings, and that Mr. Ramirez and/or Mr. Houston will attend the Planning Commission meetings. II. ADDITIONAL SPECIAL SERVICES. A. Litigation. The City and Agency hereby retain R&T to perform litigation services for City and Agency and the services necessary relating to threatened litigation. B. Special Municipal Services. The City and Agency hereby employ R&T to perform specialized legal services for the areas of labor, cable television, bankruptcy, and general municipal on an as needed basis. 119/015610-0002 A-1 -1... 1 14 7 89614.10 a06/09/09 C. Bond Counsel. R&T agrees to perform all requested legal services as Bond Counsel to City including without limitation the following: 1. Assessment Districts. In regard to assessment proceedings pursuant to the Municipal Act of 1913 with bonds issued pursuant to the Improvement Bond Act of 1915 or the 1911 Act, City employs R&T to furnish, and R&T agrees to furnish, the following legal services: a. Attend meetings with the City staff and consultants to formulate the financing. b. Examination of the map of the assessment district, the assessment roll and diagram, the bonds, and the giving of instructions and advice in connection with the foregoing. C. Preparation of all resolutions, notices, contracts, bond forms, and other legal papers and document required in the proceedings. d. Attendance at the hearing on the assessment district and at such other City Council's meeting at which any action in the proceedings is to be taken and attendance is requested. e. Examination of the proceedings, step by step, as taken. f. Supervise the closing. g. Issuance of Contractor's legal opinion upon the validity of the proceedings and the bonds issued to represent unpaid assessments. 2. Pre -assessment Proceedings. If pre -assessment proceedings are taken, R&T will prepare all resolutions, notices, and other documents required, attend the pre -assessment hearing and prepare the resolutions, notices and other documents for the election. 3. General Obligation Bonds. In connection with the issuance of general obligation bonds, R&T agrees to draft all resolutions, notices and other documents, attend such meetings of the staff and City Council of the City as may be necessary to complete an election for the authorization of the bonds and the issuance of the bonds if authorized. R&T will work with the City staff and its consultants to determined the best method of marketing the bonds, draft all resolutions, notices and other documents for the sale of the bonds, attend such meetings of the staff and the City Council of the City as may be necessary to complete the sale of the bonds, prepare closing documents, supervise the closing and issue R&T's legal approving opinion on the bonds. 1191015610-0002 A-z •�•. • 14 8 89614.10 a06/09/09 4. Certificates of Participation. The City's joint exercise of powers will be utilized to issue certificates of participation. R&T will attend the meetings of the City Council of the City and the Board of Directors of the Authority as may be necessary in connection with the certificate of participation transaction, prepare documents necessary to lease the land or facility to be improved and the leaseback of the improved facility, the trust agreement, the bond sale documents, the certificates, the closing documents, attend and supervise the closing, and issue a legal approving opinion to the purchaser of the certificates. 5. Mello -Roos County Facilities Act of 1982-Bonds. This part relates to the formation of a Community Facilities District ("District") and the bonds to be issued in connection with that District. Such services shall include but not be limited to meetings with the City staff and its financial consultant, attendance at City Council meetings, the drafting of resolutions, notices and other documents required for the formation of the District, the special tax and bond authorization election, and for the issuance of the bonds, if determined necessary by Bond Counsel, the uncontested validation of the special tax if determined necessary by Bond Counsel, the preparation of the closing documents and the rendering of a legal opinion. 6. Redevelopment Bonds. R&T will prepare all documents for the issuance and sale of the tax increment bonds, including the resolutions for adoption by the City Council, the Agency, and if a financing authority is to be used, the resolutions to be adopted by the Authority, the trust agreement, bond sale documents, and the closing documents. R&T will supervise the closing and issue its legal approving opinion on the proceedings. 119/015610-0002 - aa•• ' 1 4 89614.10 a06/09/09 A-3 EXHIBIT "B" SCHEDULE OF COMPENSATION I. CITY ATTORNEY AND AGENCY COUNSEL. For services rendered by Rutan & Tucker, LLP, the City and Agency hereby agree to pay the following fees: A. Retainer Amount. 1. A flat retainer rate $11,000 per month shall be paid for: (a) For Council Meeting Weeks: On Council meeting Tuesdays, the hours at City Hall shall be 9:00 a.m. until the end of the meeting, and 8:30 a.m. until noon, and then from 1:00 p.m. to 2:00 p.m. on the following Wednesday. These hours will generally be handled by Ms. Jenson unless she is ill or otherwise unavailable. (b) For Planning Commission Weeks: On the Tuesday of the Commission meeting, the hours at City Hall shall be 4:00 p.m. until the end of the meeting. These hours will be handled by one of the Assistant City Attorneys or by Ms. Jenson. (c) With the consent of the City Manager, the City Attorney may occasionally adjust the City Hall hours to accommodate scheduling needs. (d) The retainer shall be reduced by $1,500 for each bi-monthly Planning Commission meeting that is cancelled or which does not require City Attorney/Assistant City Attorney attendance; and (e) The retainer shall be reduced by $4,000 for each bi-monthly City Council meeting (and related Tuesday/Wednesday office hours) that is cancelled or otherwise does not require the City Attorney's attendance. B. Additional Amounts for General City Attorney Services. 1. All hours for general attorney services (in addition to the Retainer Time) shall be billed at $210 per hour for attorney services, $130 per hour for all paralegals, and $45 per hour for document clerks. 119/015610-0002 '" • • 150 89614.10 a06/09/09 B-1 II. SPECIAL SERVICES RATES. For special services rendered by R&T, the City and Agency agree to pay the following fees: A. For services rendered in connection with any litigation or threatened litigation matter as described in Section II.A. of Exhibit "A," or for special transactional services the following fees shall apply: $240 per hour for all partners. On special matters, and with the advance permission of the City Council, a "Special Partner Rate" of $255 per hour may be imposed for litigation matters requiring a high degree of specialty outside the normal. The City Council hereby approves this rate for time spent Jeffrey Oderman on the SilverRock or SilverHawk transactions. 2. $215 per hour for all associates. 3. $130 per hour for all paralegals and $45 per hour for all document clerks. B. For services rendered in connection with other special legal services, such as labor, telecommunications, redevelopment, hazardous and toxic materials, but not including bond services, the following fees shall apply: 1. $240 per hour for all partners. $215 per hour for all associates. $130 per hour for all paralegals. C. Bond Counsel. For services rendered by R&T acting as Bond Counsel to City and Agency, the City and Agency hereby agrees to pay the following customary fees. One percent of the first $1,000,000 of any issuance amount, plus one-half percent of the issuance amount between $1,000,000 and $5,000,000, plus one-fourth of one percent of the issuance between $5,000,000 and $10,000,000, plus one -tenth of one percent of the amount of issuance over $10,000,000. A minimum fee of $25,000 will be charged for all bond issuances. D. Costs. All travel time shall be billed (except for conjunction with Retainer Work or Bond Counsel work) but no travel charges to the desert area (i.e., mileage or hotel) shall be charged. Charges for travel outside the Riverside or Orange County area will be subject to approval by the City Manager. No long distance telephone charges within the Orange and Riverside County areas would be billed. All other out-of-pocket charges (i.e., copying at $.19 per' page, Lexis or Westlaw charges, telecopying, messenger charges) shall be charged at standard rates. E. Reimbursement Rates. 119/01561M002 B 2 'ry 89614.10 a06/09/09 151 For all matters for which the City or Agency is entitled to reimbursement for R&T's services from third parties, R&T's rates shall be its standard applicable rates. If the City is unable to obtain reimbursement for any reason, the City or Agency shall be credited with the differential between the above scheduled rates and the standard rates, or shall be entitled to a refund of the differential, at its or their option. 15? 89614.10 0609/ B-3 89614.10 a06/09/09 COUNCIL/RDA MEETING DATE: June 16, 2009 ITEM TITLE: Adoption of a Resolution Requesting the County of Riverside to Place Collection Costs for Solid Waste Handling Services at Single -Family Dwellings on the Tax Rolls RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council requesting the County of Riverside to place collection costs for solid waste handling services at single-family dwellings on the tax rolls. FISCAL IMPLICATIONS: None at this time. There is no residential rate increase for the period July 1, 2009 through June 30, 2010, therefore the annual fee remains at $140.28. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 15, 2007, the City of La Quinta ("City") adopted a Franchise Agreement with Burrtec Waste and Recycling Services, LLC ("Contractor") for Solid Waste Handling Services for the period of July 1, 2007 through June 30, 2016. The Franchise Agreement contemplates that, with respect to customers who the Contractor services at single-family dwellings, these costs will be collected on the tax rolls. The County Tax Assessor requires that each year the City Council adopt a Resolution authorizing the placement of costs for solid waste collection services on the tax rolls. Under consideration by the Council is a Resolution that will enable the County to place collection for costs of solid waste handling services at single-family dwellings on the tax rolls. 153 The Franchise Agreement does not give discretion to the City to grant increases. Rather, to ensure costs for services associated with the Agreement are not subject to Proposition 218, the Council no longer sets rates, and instead has only established a rate ceiling for service pursuant to its regulatory authority. Each year, upon request from Burrtec, an automatic adjustment to the maximum rate ceiling for service set forth in the agreement will occur, so long as Burrtec is in compliance with the terms of the Franchise Agreement. The application of this automatic adjustment procedure is described below. In addition, the Franchise Agreement provides for an automatic annual adjustment upon request from Burrtec to the rate ceiling for disposal if changes occur in the cost of disposal at the local landfill. Inasmuch as the City no longer sets or approves rates, the following data demonstrating what the costs to be placed on the tax rolls for collection purposes is provided for informational purposes only (Attachment 1). The breakdown of the charges for the tax rolls is as follows: Single -Family Dwelling Maximum Monthly Rate Maximum Yearly Rate Service Component of Maximum Rate $8.69 Disposal Component of Maximum Rate $3.00 Total Rate $1 1 .69 $140.28 Additional Refuse Cart $6.16 $73.92 Backyard Service - For first refuse and first recycling carts/containers - For each additional cart/container $5.81 $5.81 $69.72 $69.72 Surcharge for HOA's Desiring Monday Service 10% of Service Component The Franchise Agreement contemplates different maximum rates that will apply in the event tax roll billing does not occur for any reason. Should the City Council not adopt the proposed resolution, or should tax roll billing cease for any reason, and billing for a Customer at a Single Family Dwelling is not placed on the tax rolls, then per the Agreement (Section 13.1-1 General — Tax Roll Billing), the service component of the maximum monthly rate that may be charged by Burrtec will increase by $1.32 (from .... 154 $8.69 to $10.011, for a total monthly rate of $13.01 . FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council requesting the County of Riverside to place collection costs for solid waste handling services at single-family dwellings on tax rolls; or 2. Do not adopt a Resolution of the City Council requesting the County of Riverside to place collection costs for solid waste handling services at single- family dwellings on the tax rolls; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager - Management Services Approved for submission by: KI Thomas P. Genovese, City Manager Attachment: 1. Burrtec Waste and Recycling, LLC letter dated June 8, 2009 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE COUNTY OF RIVERSIDE TO PLACE COLLECTION OF COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE FAMILY DWELLINGS ON THE TAX ROLLS. WHEREAS, the City Council of the City of La Quinta (City) wishes to ensure the uniform collection of rates for solid waste handling services at single family dwellings by placing collection thereof on the County of Riverside Tax Assessor's Tax Rolls; and WHEREAS, the attached Exhibit A sets forth the maximum rates that may be collected for solid waste handling services at single family dwellings in City pursuant to a franchise agreement with an Effective Date of July 1, 2007, entitled "Agreement Between The City of La Quinta and Burrtec Waste and Recycling Services, LLC, for Solid Waste Handling Services"; and WHEREAS, the City Council of City has determined that applicable provisions, if any, of the provisions of Proposition 218 (Articles XIII C and XIII D of the California Constitution) have been satisfied in connection with the matters addressed by this Resolution. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, California as follows: SECTION 1. The City Council hereby requests the Riverside County Tax Assessor to place collection of costs for solid waste handling services at single family dwellings in the City on the County's tax rolls. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 161h day of June, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 156 City Council Resolution No. 2009-_ Residential Waste Fee Schedule Adopted: June 16, 2009 Page 2 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: PATRICK MUNOZ, City Attorney City of La Quinta, California City Council Resolution No. 2009-_ Residential Waste Fee Schedule Adopted: June 16, 2009 Page 3 CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE TAX BILLING FY 2009/2010- RESIDENTIAL PROPERTY Single -Family Dwelling Maximum Monthly Rate Maximum Yearly Rate Service Component of Maximum Rate $8.69 Disposal Component of Maximum Rate $3.00 Total Rate $11.69 $140.28 Additional Refuse Cart $6.16 $73.92 Backyard Service - For first refuse and first recycling carts/containers - For each additional cart/container $5.81 95.81 $69.72 $69.72 Surcharge for HOA's Desiring Monday Service 10% of Service Component �. 158 Attachment 1 BURRTIEC WASTE & RECYCLING SERVICES "We'll 'lake Care Of It" June 8, 2009 Bret Plumlee Assistant city Manager City of La Quinta P.O Box 1504 La Quinta CA 92247-1505 Re: Rate Adjustment Dear Mr. Plumlee We would like to inform you that Burrtec Waste and Recycling Services will not be requesting a rate adjustment for the Fiscal year 2009/2010. If you have any questions please do not hesitate to call. Thank you Mike Veto. Director of Municipal Services '"•• . 159 41-575 Eclectic Street • Palm Desert, California 92260 • 760-340-5901 • Fax: 760-340-2732 • www.burtleodesert.com Tw!t 4 4 a" COUNCIL/RDA MEETING DATE: .tune 16, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31874-1, Carmela, Taylor Woodrow Homes, Inc.; and Add a Requirement for the Developer to Resolve with the Imperial Irrigation District (IID) the Relocation of an Above -Ground Utility Vault on the Northwest Corner of Avenue 53 and Monroe Street RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: Iq STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to March 31, 2010 for Tract Map No. 31874-1, Carmela, Taylor Woodrow Homes, Inc.; add a requirement for the developer to resolve with the Imperial Irrigation District (IID) the relocation of an above -ground utility vault on the northwest corner of Avenue 53 and Monroe Street; direct staff to amend the language of the SIA to reflect the aforementioned utility vault relocation requirement; authorize the City Attorney to make minor changes as necessary; and authorize the City Manager to execute the amended SIA. FISCAL IMPLICATIONS: The cost to relocate the referenced IID utility vault is estimated to be $40,000 to $ 60, 000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Carmela (Tract Map No. 31874-1) is located north of Avenue 53 and west of Monroe Street (Attachment 1). �: 160 On January 20, 2005, Stonefield La Quinta I, LLC entered into an SIA for the Carmela development. On July 8, 2005, the City, Stonefield La Quinta I, LLC, the Assignor, and Taylor Woodrow Homes, Inc., the Assignee, entered into an Assignment and Assumption Agreement for Carmela. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " On September 5, 2006, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements to June 7, 2007. On November 4, 2008, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements to March 27, 2009. In a letter dated March 27, 2009 (Attachment 2), the developer requested a time extension to March 31, 2011 for the remaining off -site improvements, which include completing the street improvements on Avenue 53. The developer is also responsible for 25% of a traffic signal at Monroe Street and Avenue 53. Carmela Lots, L.P. has purchased this project from Taylor Woodrow Homes, Inc. However, the current securities for Carmela are posted by Taylor Woodrow Homes, Inc., since an Assignment and Assumption Agreement has not yet been executed to replace the securities by the new owner. The residents in the Carmela community have contacted the City concerning a sight obstruction issue created by an IID above -ground utility vault placed on the northwest corner of Avenue 53 and Monroe Street. Public Works staff field verified that a sight distance issue exists for vehicles exiting the Carmela community using Avenue 53 and entering Monroe Street. Therefore, staff recommends requiring the developer to work with IID in relocating the above -ground utility vault to correct this sight obstruction issue. Carlos Partida, Project Manager at IID, estimated on the phone the cost for the developer to relocate the referenced IID utility vault to be $40,000 to $60,000. Staff has prepared the attached resolution which provides for the approval of the third time extension of the SIA to March 31, 2010. 161 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to March 31, 2010 for Tract Map No. 31874-1, Carmela, Taylor Woodrow Homes, Inc.; add a requirement for the developer to resolve with IID the relocation of an above -ground utility vault on the northwest corner of Avenue 53 and Monroe Street; direct staff to amend the language of the SIA to reflect the aforementioned utility vault relocation requirement; authorize the City Attorney to make minor changes as necessary; and authorize the City Manager to execute the amended SIA; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to March 31, 2010 for Tract Map No. 31874-1, Carmela, Taylor Woodrow Homes, Inc.; do not add a requirement for the developer to resolve with IID the relocation of an above -ground utility vault on the northwest corner of Avenue 53 and Monroe Street; do not direct staff to amend the language of the SIA to reflect the aforementioned utility vault relocation requirement; do not authorize the City Attorney to make minor changes as necessary; and do not authorize the City Manager to execute the amended SIA; or 3. Provide staff with alternative direction. Respectfully submitted, 42� QnAe4�� mothy R. ibhnaqsn, P.E. Public Works Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Carmela Lots, L.P., Inc. dated March 27, 2009 '0... 162 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO MARCH 31, 2010 FOR TRACT MAP NO. 31874-1, CARMELA, TAYLOR WOODROW HOMES, INC.; AND ADDING A REQUIREMENT FOR THE DEVELOPER TO RESOLVE WITH THE IMPERIAL IRRIGATION DISTRICT (IID) THE RELOCATION OF AN ABOVE -GROUND UTILITY VAULT ON THE NORTHWEST CORNER OF AVENUE 53 AND MONROE STREET WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31874-1, Carmela, on January 20, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by March 27, 2009, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to March 31, 2010 with the added requirement for the developer to work with the Imperial Irrigation District (IID) in relocating an above -ground utility vault on the northwest corner of Avenue 53 and Monroe Street to correct the sight obstruction issue. 163 Resolution No. 2009- Tract Map No. 31874-1, Carmela Adopted: June 16, 2009 Page 2 Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on March 31, 2010. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. Authorize the City Attorney to make minor changes as necessary and authorize the City Manager to execute the amended SIA. Section 4. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 5. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16t" day of June 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) DON ADOLPH, Mayor City of La Quinta, California 164 Resolution No. 2009- Tract Map No. 31874-1, Carmela Adopted: June 16, 2009 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 TM 31874-1 CARMELA VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: June 2, 2009 APPLICANT: Mr. Mark Sanchez, Carmela Lots, L.P. 160 CARMELA ATTACHMENT 2 March 27, 2009 RECEIVED APR 0 9 2099 Mr. Tim Jonasson PUBLIC WORKS Director of Public Works, City Engineer RECEIVED City of La Quints APR 1 4 2009 78-945 Calle Tampico La Quinta, CA 92247 Dwansnt.services RE: Request for Time Extension for Subdivision Improvement Agreements (SIAs) Tract Maps 31874-1 and. 31874-2, Carmela Mr. Jonasson: This purpose of this letter is to formally request a time extension for the Subdivision Improvement Agreements (SIA) for Tract 31874-1 and 31874-2, the Carmela Development located at the northwest corner of Avenue 53 and Monroe Street. All of the underground improvements are complete and the initial paving is completed throughout the community. Within 60 days we intend to complete the street capping and accompanying raising of the manholes and valve cans for the streets that already have completed homes. This includes Via La Serena (west of Palazzo), Palazzo (north of Via La Serena), and Jalisco, which is the location of the model complex. The balance of the street capping would be deferred until after the completion of the build -out of the 41 remaining homes. Based on the current market conditions we anticipate another two years for the build -out of these 41 homes. Therefore, we are requesting that the SIAs for Tract 31874-1 and Tract 31874-2 be extended through March 31, 2011. Please call our project manager, John Pedalino at (760)777-9920 if you have questions or need additional information. Thank you in advance for considering our request. Sincerely, Mark Sanchez Carmela Lots, 121 Spear Street, Suite 250 San Francisco, CA 94105 415-546-9373 415-546-0569 fax f•.. 167 T4t!t 4 4 au"M COUNCIL/RDA MEETING DATE: June 16, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -1 STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to March 31, 2010 for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-1) is located south of Avenue 52 and west of Monroe Street (Attachment 1). On July 20, 2004, Desert Cheyenne, Inc. entered into an SIA for the Rancho Santana development. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to 168 require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " On August 1, 2006, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements to July 20, 2007. In a letter dated March 27, 2009 (Attachment 2), the developer requested a time extension to March 31, 2011 for the remaining off -site improvements, which include 25% of a traffic signal at Avenue 52 and Monroe Street, a traffic signal at the project's entrance on Monroe Street, a traffic signal at the entrance on Avenue 52, and the median landscaping on Avenue 52 and Monroe Street. The developer was issued an encroachment permit for the median landscape work on Avenue 52 on May 11, 2009 and will soon begin the work. The developer plans on addressing the installation of the traffic signals with the City as Rancho Santana approaches the build out stage. Staff has prepared the attached resolution which provides for the approval of the second time extension of the SIA to March 31, 2010. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include 1 . Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to March 31, 2010 for Tract Map No. 31202-1, Rancho Santana; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement to March 31, 2010 for Tract Map No. 31202-1, Rancho Santana; or 3. Provide staff with alternative direction. Respectfully submitted, n othy R. Jo as o , P.E. Public Works Dire or/City Engineer 169 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity. Map 2. Letter from Desert Cheyenne, Inc. dated March 27, 2009 170 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO MARCH 31, 2010 FOR TRACT MAP NO. 31202-1, RANCHO SANTANA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-1, Rancho Santana, on July 20, 2004; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by July 20, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to March 31, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on March 31, 2010. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 171 Resolution No. 2009- Tract Map No. 31202-1, Rancho Santana Adopted: June 2, 2009 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16`h day of June 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 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 DON ADOLPH, Mayor City of La Quinta, California 172 ATTACHMENT 1 TM 31202-1 RANCHO SANTANA AVENUE 48TH w @ 04' w U AVENUE 50TH z w W Of Z V) p Z Y AVENUE 52ND ,1 a C�a nt o • AVENUE 54TH VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: June 2, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31202-1 APPLICANT: Mr. John Pedalino, Desert Cheyenne, Inc. » 173 N."NaTc"I 'J" s.®� March 27, 2009 Mr. Tim Jonasson RECEN D Director of Public Works, City Engineer City of La Quinta APR 0 6 2009 78-945 Calle Tampico Dem0p'aTtsamices La Quinta, CA 92247 RE: Request for Time Extension for Subdivision Improvement Agreements (SLAB) Tract Map 31202-1 Onsite and Offsite, Rancho Santana Mr. Jonasson: This purpose of this letter is to formally request a time extension for the Subdivision Improvement Agreements (SIA) for Tract 31202-1 Onsite and Offsite, the Rancho Santana Development located at the southwest corner of Avenue 52 and Monroe Street. Please be advised that all of the Onsite Improvements for Tract 31202-1 have been completed and we are in receipt of a letter from the City of La Quinta dated July 31, 2007 regarding the final acceptance of the improvements subject to the completion of survey monuments, agency acceptance letters, as - built improvement plans, HOA acceptance and Warranty Security. We will initiate the completion of these items within ninety (90) days of this letter. Therefore, we are requesting that the SIAs for Tract 31202-1 Onsite be extended through December 31, 2009. The remaining Offsite Improvements include the Median Landscaping on Avenue 52 and Monroe St., and the Traffic Signals. All other offsite improvements have been completed. The installation of the Median Landscaping will be initiated in April, 2009. As we approach the build -out of Rancho Santana, which we anticipate to be in two years, we will address the installation of the traffic signals with the City of La Quinta. Therefore, we are requesting that the-SIAs for Tract 31202-1 Offsite be extended through March 31, 2011. Please call me at (760) 777-9920 if you have questions or need additional information. Thank you very much for your consideration of this matter. Serely, John . Pedalino President, Desert Cheyenne, Inc. 78401 Hwy. 111 St. G La Quinta, CA 92253 (760)777-9920 Fax (760)777-9918 ..... 174 Ok �ai Q•�O ' `y OF Ttir'9 COUNCIL/RDA MEETING DATE: June 16, 2009 ITEM TITLE: Acceptance of the City of La Quinta Government Accounting Standards Board (GASB) 45 Valuation as of July 1, 2008 and Approval to Establish an Actuarial Liability General Fund Reserve RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �O STUDY SESSION: PUBLIC HEARING: _ Accept the City of La Quinta (City) GASB 45 Valuation as of July 1, 2008 (Attachment 1) and approve establishing an Actuarial Liability General Fund Reserve. FISCAL IMPLICATIONS: The upcoming Fiscal Year 2009-2010 Annual Budget and the Fiscal Year 2008-2009 Comprehensive Annual Financial Report (CAFR) will reflect a general fund reserve of $1,258,059, which represents the present value of future post retirement benefits for current and future retirees as of July 1, 2008. In addition, GASB 45 requires that the Fiscal Year 2008-2009 CAFR have a footnote reporting the difference of the Annual Required Contributions (ARC) as calculated by the actuary of $116,821 and the pay- as-you-go amount estimated to be $5,098 or $111,723 as a liability. The term "Annual Required Contributions" is misleading in that GASB 45 does not actually require that the City pre -fund this amount. However, the shortfall of the pay-as-you-go amount to the ARC, $111,723, will be reflected in the City's CAFR Statement of Net Assets as of June 30, 2009. While the Fiscal Year 2008-2009 Statement of Net Assets will not be available until August 2009, the prior year Fiscal Year 2007-2008 CAFR reported net assets in governmental activities of $508.7 million, so the $111,723 will have little impact on this statement. This liability account will increase from year to year as the excess of the ARC over the pay-as-you-go amounts accumulate. �... 17 5 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City, as most governmental agencies, has been paying their other post retirement employee benefits (OPEB) on a pay-as-you-go basis. The City has a relatively low OPEB obligation since it has limited the OPEB contribution to the legal minimum under the Public Employees Retirement System (PERS) medical benefit program. The City does not have any other OPEB programs beside the PERS medical benefits program. As a PERS medical benefits program member, the City is required to make a minimum employer contribution toward the total medical premium for only those retirees who elect to receive PERS medical benefits under Section 22892 of the Public Employee's Medical and Hospital Care Act (PEMCHA). PEMCHA establishes the minimum health care premium contributions each year, which for calendar year 2009 is $101 per month and for 2010 will be $105 per month. This rate is adjusted annually for the medical component of the CPI -Urban Wage Earners. The program parameters are further discussed in the Post Retirement Coverage in the Actuarial Report. The City has four (4) retirees who have retired and elected to continue to receive PERS medical benefits. The actuarial report assumes that 60 percent of future retirees will elect to participate in the PERS medical program upon retirement. GASB 45 requires agencies to establish the requirements for the measurement of these OPEB expenditures and establishes the reporting requirements for these future liabilities. In addition, GASB 45 dictates how these expenditures and liabilities will be reported in the financial statements. In some ways, all that GASB 45 does is to require employers to plan for their OPEB liabilities in the same way they are required to plan for their future retirement (PERS) liabilities. Before GASB 45, the future liabilities and the actuarial ARC were not required to be disclosed in the CAFR. As a result of GASB 45, governmental agencies are now required to plan for these future OPEB liabilities. City's plans for OPEB liabilities and actuarial report history: On November 18, 2008, the CAFR for the year ended June 30, 2008 was presented to the City Council for consideration. Rich Kikuchi, representing Lance, Soll & Lunghard, reviewed the audit including internal controls and new auditing standards, and reported on the detailed account analysis. During this discussion, Mr. Kikuchi suggested that the City perform an actuarial study '• 176 to estimate the cost of the City's post employment health benefits. There was a consensus by the City Council to conduct an actuarial study in the future. In June 2004, GASB issued accounting standards for retiree healthcare benefits, GASB 43 and GASB 45. As mentioned earlier, GASB 45 requires public employers such as the City to perform periodic actuarial valuations to measure and disclose their retiree healthcare liabilities for the financial statements of both the employer and a trust be established to set aside to pre -fund these benefits. GASB 45 will require the City to disclose an unfunded liability for the City's current and future retiree health cost obligation both in the footnotes and on the balance sheet of the City's financial statements. To accomplish these objectives, the City selected Demsey, Filliger and Associates (DF&A) to perform an actuarial valuation of the retiree health insurance program as of July 1, 2008. The next actuarial valuation will be required to be completed for the fiscal year ending June 30, 2011. Based on the study they performed, DF&A determined that the amount of the actuarial liability for current and future retirees as of July 1, 2008 is $1,258,059. This was done based upon a census of the current employees and our retirees. If the City were to place this amount in a fund earning interest at a rate of 5 percent annually, and if all other actuarial assumptions were met, the fund would have exactly enough to pay all expected benefits. Staff is recommending continuing in Fiscal Year 2009-2010, and possibly Fiscal Year 2010-2011, the current practice of paying for the OPEB on a pay-as-you-go basis. Staff ultimately believes that it should begin the practice of moving away from the pay-as-you-go practice and begin a funding level closer to the ARC. On page 6 of 14 of the actuarial report, four different funding strategies are listed. Staff has reviewed these strategies and is recommending a level contribution for twenty years be considered in the future. It is important to understand that the level amount of $98,500 will change each time the actuarial report is prepared since each report looks at investment gains and losses or plan performance in determining future contributions into the plan. In order to move to this level contribution program, the City must establish a trust, which is outside the City's control to manage these contributions. GASB 45 does not allow for the City to administer this OPEB program internally. Prior to that time, staff will return to City Council with a recommendation to invest the actuarial liability reserve in a trust fund with an outside agency. Once the trust fund is established, fixed annual payments would be made and invested with the trust for 20 years until the liability is paid off. 'go... 177 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the City of La Quinta GASB 45 Valuation as of July 1, 2008 and approve establishment of an Actuarial Liability General Fund Reserve; or 2. Accept the City of La Quinta GASB 45 Valuation as of July 1, 2008 but do not approve the establishment of an Actuarial Liability General Fund Reserve; or 3. Do not accept the City of La Quinta GASB 45 Valuation as of July 1, 2008 or the establishment of an Actuarial Liability General Fund Reserve; or 4. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. City of La Quinta GASB 45 Valuation as of July 1, 2008 " 178 ATTACHMENT 1 3L Demsey Filliger + ". A S S -'O C I -A T E :S June 6, 2009 Mr. Thomas P. Genovese City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Re: City of La Quinta ("City") GASB 45 Valuation as of July 1, 2008 Dear Mr. Genovese: This report sets forth the results of our GASB 45 actuarial valuation for the City's retiree health insurance program as of July 1, 2008. In June, 2004, the Government Accounting Standards Board (GASB) issued its final accrual accounting standards for retiree healthcare benefits, GASB 43 and GASB 45. GASB 43/45 will require public employers such as the City to perform periodic actuarial valuations to measure and disclose their retiree healthcare liabilities for the financial statements of both the employer and the trust, if any, set aside to pre -fund these benefits. The City requires a determination of the liabilities and disclosure requirements of its retiree health insurance plan under the new standards. To accomplish these objectives, the City selected Demsey, Filliger and Associates ("DF&A") to perform an actuarial valuation of the retiree health insurance program as of July 1, 2008. We have set forth the results of the valuation in this report, and are available to answer any questions the City may have concerning the report. Financial Results We have determined that the amount of actuarial liability for current and future retirees, as of July 1, 2008, is $1,258,059. This represents the present value of all benefits expected to be paid by the City for its current and future retirees. If the City were to place this amount in a fund earning interest at the rate of 5.0% per year, and all other actuarial assumptions were exactly met, the fund would have exactly enough to pay all expected benefits. Page 1 of 14 Demsey, Filliger 179 6/6/2009 8 ,» � & Associates This includes benefits for 4 retirees (including covered dependents) and survivors, as well as 106 active employees who may become eligible to retire and receive benefits in the future. Of the 106 employees, we have assumed that 40% will waive coverage under PERS Health (PEMHCA) upon retirement, although it is not known in advance which retirees will waive coverage. The valuation excludes any employees hired after the census date (April, 2009). If the $1,258,059 is apportioned into past service and future service components under the Projected Unit Credit Cost Method, the past service liability (or "Accrued Liability") component is $590,676 as of July 1, 2008. This represents the present value of all benefits earned to date assuming that an employee earns retiree medical benefits ratably over his or her career. The $590,676 is comprised of liabilities of $496,428 for active employees and $94,248 for retirees. Because the City has not established a trust for pre -funding retiree healthcare benefits, the Unfunded Accrued Liability (also called the UAL, equal to the AL less Assets) is also $590,676. The scheduled implementation date for GASB 45 is July 1, 2008, assuming that the City is a Phase II agency, defined by GASB 34 as having had revenues of between $10M and $100M for the fiscal year ended June 30, 1999. We have determined that the City's annual accrual expense for retiree healthcare benefits, for the fiscal year 2008-9, is $116,821. This amount is referred to as the "Annual Required Contributions", or "ARC" under GASB 45. The $116,821 is comprised of the present value of benefits accruing in the current year, called the "Service Cost", and a 30-year amortization of the UAL. We estimate that the City will pay approximately $5,098 for the 2008-9 fiscal year in healthcare costs for its retirees and their covered dependents, so the change to accrual accounting will represent a projected first -year increase in annual expense of $111,723. The above numbers are summarized in the table on the following page. All amounts are net of expected future retiree contributions, if any. Demsey, Filliger Page 2 of 14 6/6/2009 & Associates 'a.. • 180 City of La Quinta, CA Liabilities and Annual Accrual Expense Under GASB 45 Accrual Accounting Standard Proiected Unit Credit Cost Method Amounts for FYE 2009 Present Value of Future Benefits (PVFB) Active $1,163,811 Retired 94,248 Total: PVFB 1 $1,258,059 Accrued Liability (AL) Actives $496,428 Retired 94,248 Total: AL $590,676 Assets (0) Total: Unfunded AL .$590,676 Annual Required Contributions (ARC) Service Cost At Year -End $78,397 307year Amortization of Unfunded AL 38,424 Total: ARC $116,821 It's our understanding that the City is a "Phase II Agency" as defined by GASB 45, and therefore must implement GASB 45 for the fiscal year beginning July 1, 2008. The ARC of $116,821, shown above, should be used without adjustment for the 2008-09 fiscal year. If an irrevocable trust is adopted prior to June 30, 2009, GASB 43 will be required for the 2009 year-end disclosures. When the City begins preparation of the June 30, 2009 government -wide financial statements, DF&A will provide the City and its auditors with complimentary assistance in preparation of footnotes and required supplemental information for compliance with GASB 45 (and GASB 43, if applicable). All numbers set forth in the above table, as well as elsewhere in this report, are net of expected future retiree contributions, except where otherwise indicated. Demsey, Filliger Page 3 of 14 6/6/2009 & Associates o 'w.. -) U GASB 43 and GASB 45 Compliance Issues There are two considerations regarding GASB 43 and GASB 45 that we would like to mention at this point: (1) Both statements specify that in order for a retiree fund to be counted as "assets" for purposes of the statements, the fund must be set aside in a separate, irrevocable trust, that may not be used for any purpose besides the payment of plan benefits to retirees. The trust must also be beyond the reach of creditors of both the employer and/or the plan administrator, if any. For example, an earmarked reserve within the General Fund is not expected to meet this definition of "assets". We recommend that the City consider taking steps to establish a retiree fund that meets the GASB requirements, as soon as possible. (2) There has been some confusion among public agencies throughout California over what GASB 45 does and does not require. Specifically, many agencies initially believed that GASB 45 required pre -funding of retiree healthcare plans. This is not the case - the standard applies only to the expense to be charged to the agencies' income statements. Contributing to the confusion is the terminology used in both GASB 43 and GASB 45 for the annual expense - it's called the "Annual Required Contributions", even though it's neither required nor (necessarily) contributed. Relationship between GASB 45 And City Funding Policy We do not believe that it is necessary or even desirable for an agency to establish a policy of funding exactly the ARC on a cash basis each year. The reasons for this are a bit complex and beyond the scope of this report, but the important thing to understand is that GASB 45 pertains to the income statement, and funding pertains to cash flow, and there is no need for the two to be directly linked, at least for now. Despite these concerns, we do recommend that the City adopt a policy of pre -funding its retiree healthcare plan as soon as possible. The benefits of pre -funding into an irrevocable retiree trust are numerous. To name a few, the City can expect the establishment of an irrevocable trust to result in: (1) improved return on investments; (2) healthier City financial statements; (3) lower ARC in future years (since pre -funded amounts reduce future years' amortization charges on the Unfunded AL, and the actuary may be able to use a higher discount rate); (4) more predictable and manageable cash flows; and (5) greater economic security for City employees and retirees. Demsey, Filliger Page 4 of 14 6/6/2009 & Associates '��... Funding Schedules There are many ways to approach the pre -funding of retiree healthcare benefits. In the Financial Results section, we determined the annual expense for all City -paid benefits. The expense is an orderly methodology, developed by the GASB, to account for retiree healthcare benefits. This amount will fluctuate from year to year based on the asset performance and as the population matures. It will eventually reach zero when the last eligible retiree dies. The GASB 45 expense has no direct relation to amounts the City may set aside to pre -fund healthcare benefits. The table on the next page provides the City with three alternative schedules for funding (as contrasted with expensing) retiree healthcare benefits. The schedules all assume that the retiree fund earns 5.0% per annum on its investments, and that contributions and benefits are paid mid -year. All numbers are net of expected retiree contributions. The schedules are: 1. A level contribution amount for the next 20 years. 2. A level percentage of the Unfunded Accrued Liability (UAL). 3. A constant percentage (3%) increase in contribution each year for the next 20 years. We provide these funding schedules to give the City a sense 'of the various alternatives available to it to pre -fund its retiree healthcare obligation. The three funding schedules are simply three different examples of how the City may choose to spread its costs. By comparing the schedules, you can see the effect that early pre -funding has on the amount the City will eventually have to pay. Because of investment earnings on fund assets, the earlier contributions are made, the less the City will have to pay in the long run. Of course, the advantages of pre -funding will have to be weighed against other uses of the money. The table on the next page shows the required annual outlay under the pay-as-you-go method and each of the above schedules. The three funding schedules represent the City's total expected outlay, including "pay-as-you-go" costs; therefore, the amount remaining each year to build up the fund is the excess over the "pay-as-you-go" amount. All numbers shown on the next page are on a closed group basis; therefore, they do not consider employees hired after the valuation date. Demsey, Filliger Page 5 of 14 6/6/2009 & Associates 'NN • ✓ 18 3 City of La Ouinta Sample Funding Schedules (Closed Group) Fiscal Year _ Beginning . Pa'ras- ou o' Level Contribution for20 years, Level%o of Unfunded Liability* Constant Percentage Increase 2008 $5,098 $98,500 $118,135 $76,904 2009 6,797 98,500 102,352 79,211 2010 9,631 98,500 89,279 81,587 2011 12,605 98,500 78,609 84,035 2012 15,999 98,500 69,975 86,556 2013 19,983 98,500 63,097 89,153 2014 24,391 98,500 57,748 91,827 2015 29,034 98,500 53,720 94,582 2016 33,963 98,500 50,813 97,419 2017 39,132 98,500 48,865 100,342 2018 44,638 98,500 47,729 103,352 2019 50,187 98,500 47,292 106,453 2020 55,889 98,500 47,425 109,646 2021 61,867 98,500 48,033 112,936 2022 68,236 98,500 49,042 116,324 2023 74,852 98,500 50,398 119,814 2024 81,647 98,500 52,041 123,408 2025 88,339 98,500 53,914 127,110 2026 95,206 98,500 55,941 130,924 2027 102,270 98,500 58,082 134,851 2028 109,237 0 60,305 0 2029 115,768 0 62,557 0 2030 122,278 0 64,766 0 2031 128,621 0 66,908 0 2032 134,590 0 68,949 0 2033 140,150 0 70,847 0 2034 145,029 0 72,564 0 2035 148,968 0 74,055 0 2036 152,097 0 75,265 0 2037 154,401 0 76,165 0 2038 155,789 0 76,730 0 2039 156,242 0 76,940 0 2040 155,687 0 76,784 0 2041 154,038 0 76,249 0 2042 151,320 0 75,330 0 2043 147,584 0 74,029 0 2044 142,886 0 72,356 0 2045 137,282 0 70,328 0 2050 100,025 0 55,964 0 2055 59,612 0 38,471 0 2060 28,861 0 28,861 0 2065 11,466 0 11,466 0 * Reverts to pay-as-you-go in 2059. Demsey, Filliger Page 6 of 14 6/6/2009 & Associates 184 Actuarial Assumptions In order to perform the valuation, it is necessary for the actuary to make certain assumptions regarding such items as rates of employee turnover, retirement, and mortality, as well as economic assumptions regarding healthcare inflation and interest rates. Our assumptions are based on a standard set of assumptions we have used for similar valuations, modified as appropriate for the City. For example, turnover rates were taken from a standard actuarial table, T-5, increased by 125% at all ages. This assumption was found to closely match historical City turnover experience. Retirement rates were also based on experience of the City blended with experience of other cities of similar size and with similar retiree health benefits. These rates are less reliable due to the small size of the retiree group. 40% of future retirees were assumed to waive coverage under PEMHCA. All three of these assumptions should be reviewed in the next valuation to make sure they are tracking well with experience. The discount rate of 5.0% is based on our best estimate of expected long-term plan experience and is in accordance with our understanding of the guidelines for selection of these rates under GASB 45 for unfunded plans such as the City's. The healthcare trend rates are based on our knowledge of the general healthcare environment and the specific coverages offered by the City. Please see the "Actuarial Assumptions" section of the report for further details. Projected Pay-as-you-go Costs As part of the valuation, we prepared a projection of the expected annual expense to the City to pay benefits on behalf of its retirees on a pay-as-you-go basis. These numbers are on a closed group basis. Projected pay-as-you-go costs for selected future years are as follows: FYB Pa -as- ou- o' 2008 $5,098 2009 6,797 2010 9,631 2011 12,605 2012 15,999 2013 19,983 2014 24,391 2015 29,034 2020 55,889 2025 88,339 2030 122,278 2035 148,968 2040 155,687 2045 137,282 2050 100,025 ' These numbers decrease and eventually reach zero by the year 2090 because the group is valued on a closed basis (does not consider future hires). Demsey, Filliger Page 7 of 14 & Associates �~� • 185 6/6/2009 Exhibit I Exhibit I, attached at the end of the report, shows the potential effect of the City's adopting a policy of pre -funding its retiree health benefits into a Section 115 Trust. The actuary may use a higher discount rate for a funded plan, and this exhibit shows the effect on the baseline GASB 45 valuation results of three higher discount rates (6%, 7%, and 7.75%) which might be applicable if the City adopts a policy of pre -funding all or a substantial portion of its ARC into an irrevocable trust. These additional three sets of results are for illustration purposes only. Certification The actuarial certification, including a caveat regarding limitations of scope, if any, is contained in "Actuarial Certification" section at the end of the report. We have enjoyed working with the City on this report, and are available to answer any questions you may have concerning any information contained herein. Sincerely, DE_MSEEY, FILLIGER AND ASSSOCIATES T. Louis Filliger, FSA, EA, MAAA Partner & Actuary Demsey, Filliger Page 8 of 14 6/6/2009 & Associates 186 'N.. . Benefit Plan Provisions This report analyzes the actuarially projected costs of the City of La Quinta's retiree health insurance program. Our findings and assumptions are based on census data as of April 1, 2009 and PEMHCA premiums blended 50-50 for calendar years 2008 and 2009. Active Employee Coverage Medical coverage is provided through Ca1PERS under the Public Employees' Medical and Hospital Care Act (PEMHCA), also referred to as PERS Health. Employees can choose one of five medical options: Blue Shield HMO, Kaiser HMO, PERSCare PPO, Blue Shield Net Value HMO, or PERSChoice PPO. The City sets its monthly contribution rates for health insurance on behalf of active employees according to the PEMHCA statutory minimum ($97.00/month for calendar 2008 and $101.00/month for calendar 2009.) These amounts are indexed (increased) in all future years according to the rate of medical inflation. The City pays a 0.45% of premium administrative charge for all active employees. Post -Retirement Coverage The City offers the same medical plans to its retirees as to its active employees, with the general exception that upon reaching age 65 and becoming eligible for Medicare, the retiree must join one of the Medicare Supplement coverages offered under PEMHCA. Employees become eligible to retire and receive City -paid healthcare benefits upon attainment of age 50 and 5 years of covered PERS service, or by attaining qualifying disability retirement status. The City's contribution on behalf of all eligible retirees is the same as for active employees ($97.00/month for calendar 2008 and $101.00/month for calendar 2009, increased in all future years according to the rate of medical inflation.) The City pays a 0.45% of premium administrative charge on behalf of all retirees. The following table shows January 1, 2009 monthly PERS Health (PEMHCA) premiums for retirees within the "Other Southern California" region: Blue Shield HMO Kaiser HMO PERS Care PPO PERS Choice PPO Blue Shield Net Value Basic Plan Retiree $471.18 $425.11 $712.71 $458.59 $416.49 Retiree + 1 942.36 850.22 1,425.42 917.18 832.98 Family 1,225.07 1,105.29 1,853.05 1,192.33 1,082.87 Medicare Supplement $341.44 $286.16 $404.60 $349.11 $304.66 Retiree Retiree + 1 682.88 560.32 809.20 698.22 609.32 Familv 1,024.32 1 840.48 1 1,213.80 1 1,047.33 1 913.98 Demsey, Filliger Page 9 of 14 187 6/6/2009 & Associates �" Valuation Data Age distribution of retirees receiving City -paid health benefits 55-59 3 60-64 0 65-69 0 70+ 1 All Ages 4 Average Age 61.00 Age/Years of service distribution of active employees included in the valuation Years4 0-4 5-9 10-14 15-19 20+ Total Age 20-24 1 1 25-29 8 0 8 30-34 9 3 0 12 35-39 4 1 1 0 1 7 40-44 13 3 1 2 0 19 45-49 8 4 1 0 2 15 50-54 7 4 2 0 1 14 55-59 6 5 5 0 3 19 60-64 2 1 2 1 1 7 65+ 0 0 2 1 1 4 All Ages 58 21 14 4 9 106 Average Age: 46.24 Average Service 6.55 Demsey, Filliger Page 10 of 14 o & Associates •~+ • - U 6/6/2009 Actuarial Assumptions The liabilities set forth in this report are based on the actuarial assumptions described in this section. Valuation Date: July 1, 2008 Actuarial Cost Method: Projected Unit Credit Amortization Method: 30-year level dollar, open (suggested) Discount Rate: 5.0% per annum Return on Assets: 5.0% per annum Pre -retirement Turnover: According to the Crocker-Sarason Table T-5 less mortality, increased by 125% at all ages. Sample rates are as follows: 25 17.4% 30 16.2 35 14.1 40 11.6 45 8.9 50 5.8 55 2.1 Pre -retirement Mortality: 1994 Group Annuity Mortality, Male and Female tables. Sample deaths per 1,000 employees are as follows: Age Males Females 25 0.71 0.31 30 0.86 0.38 35 0.92 0.51 40 1.15 0.76 45 1.70 1.05 50 2.77 1.54 55 4.76 2.47 60 8.58 4.77 Post -retirement Mortality: 1994 Group Annuity Mortality, Male and Female tables. Sample deaths per 1,000 retirees are as follows: Age Males Females 65 15.63 9.29 70 25.52 14.73 75 40.01 24.39 80- 66.70 42.36 85 104.56 72.84 90 164.44 125.02 Demsey, Filliger Page 11 of 14 & Associates 189 6/6/2009 Retirement Rates: FActuarial Assumptions (Continued) Age Percent Retiring* 50-54 2.0% 55-57 5.0 58-59 8.0 60-61 12.0 62 15.0 63 20.0 64 25.0 65 50.0 66 60.0 67 100.0 Of those having met eligibility to receive PERS retirement benefits. The percentage refers to the probability that an active employee who has reached the stated age will retire within the following year. Trend Rates: Year MedicaVRx 2008 8.0%* 2009 7.0 2010 6.0 2011+ 5.0 * except as follows: 0% for PERSCare and PERSChoice PPOs, per CaIPERS announced intention of continuing to use 2008 premiums for 2009. Percent Waiving Coverage: 40% (applies to future retirees only) Medical Inflation: 4.0% per year (used to project PERS statutory minimum) Percent of Retirees with Spouses: Future Retirees: 80% of future retirees were assumed to have spouses at the time of retirement. Female spouses assumed three years younger than male spouses. Current Retirees: Based on actual spousal data. Demsey, Filliger Page 12 of 14 190 &Associates ~•"� 6/6/2009 Actuarial Assumptions (Continued) Retiree Plan Selection (percentages add down to 100%): Under 65 65 + Blue Shield HMO 25% 10% Kaiser HMO 25% 10% PERSChoice PPO 50% 80% PERSCare PPO 0% 0% Retiree Percentage by PEMHCA Region (percentages add across to 100%): Region--> Los Angeles Blue Shield 0% Kaiser 50% PERSCare N/A PERSChoice 0% Demsey, Filliger Page 13 of 14 & Associates Other SC Other/OOS 100% 0% 50% 0% N/A N/A 100% 0% 191 6/6/2009 Actuarial Certification The liabilities set forth in this report are based on our actuarial valuation of the City of La Quinta's retiree health insurance program as of July 1, 2008. The valuation was performed in accordance with generally accepted actuarial principles and practices. We relied on census data for active employees and retirees provided to us by the City of La Quinta in April, 2009. We also made use of claims, premium, expense, and enrollment data, and copies of relevant sections of healthcare documents provided to us by the City. The assumptions used in performing the valuation, as summarized in this report, and the results based thereupon, represent our best estimate of the actuarial costs of the program under GASB 43 and GASB 45, and the existing and proposed Actuarial Standards of Practice for measuring post - retirement healthcare benefits. Throughout the report, we have used unrounded numbers, because rounding and the reconciliation of the rounded results would add an additional, and in our opinion unnecessary, layer of complexity to the valuation process. By our publishing of umounded results, no implication is made as to the degree of precision inherent in those results. Clients and their auditors should use their own judgment as to the desirability of rounding when transferring the results of this valuation report to the clients' financial statements. Certified by: T. Louis Filliger, FSA, EA, MAAA Date: 6/6/09 Partner & Actuary Demsey, Filliger Page 14 of 14 19.) 6/6/2009 & Associates N O V^ ^V+ O r e 0 a w r s A r o r o N N e o e n r c o V L C d � E A A N a � E d O a W N V V1 G O H_ L _al O A w H c V N O L `o a V C A m b0 a V •7 �G L Fa d u GI y Q Q q t°- 193 P 0 01 Tihf 4 4 a" COUNCIL/RDA MEETING DATE: June 16, 2009 ITEM TITLE: Approval of Request for Proposals for Plans, Specifications, and Estimates for Core Area Renovations at the La Quinta Sports Complex RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Request for Proposals (RFP) for Plans, Specifications, and Estimates (PS&E) for Core Area Renovations at the La Quinta Sports Complex. FISCAL IMPLICATIONS: The design services will be funded using Quimby Funds available in the Capital Improvement Program (Account No. 401-1794-551.35-07). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Sports Complex was built in 1988 and is owned by Desert Sands Unified School District (DSUSD). This facility is currently being maintained by the City as per the November 3, 1987 Joint -Use Lease, the August 7, 1990 Agreement, and the November 1, 1994 Amendment to the Maintenance Agreement between the City and DSUSD. The Sports Complex has very heavy use with 1,500 youth playing baseball and softball each year. This location is also used for youth football in the fall. On October 17, 2006, the City Council approved an RFP for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan. The needs analysis was to inventory and evaluate the existing conditions. The rehabilitation plan was to identify needed improvements to the Sports Complex for the paved areas, drainage, additional restrooms, repairs around the concession area, replacement of damaged fencing, and improvements in the spectator areas. The original Capital Improvement budget for this project was $540,000. ••• 194 On February 6, 2007, the City Council approved a Professional Services Agreement for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan (Project 2006-17) with Community Works Design Group. Community Works Design Group conducted stakeholder meetings with the sports associations, DSUSD, and City staff to identify needs for the facility. A site inventory was conducted by Community Works and a sports field assessment on the turf conditions was conducted by PRZ Sports Turf Consulting. Based on their findings, Community Works developed a Preliminary Master Plan (Attachment 1) for the entire project with the costs being shared between the City and DSUSD. Staff was going to present the collaboration to City Council where the City would fund their portion of the improvements through Quimby Funds for the core area improvements. DSUSD would fund their portion of the improvements through Measure K Funds for the sports fields including re -grading sports fields, replacement of the irrigation system and the planting of new turf. This spring DSUSD decided not to move forward with their portion of the renovations for the La Quinta Sports Complex. This decision was due to financial concerns at the school district. Now that DSUSD is not participating in the Sports Complex renovations at this time, staff and Community Works updated the Preliminary Master Plan design and cost estimates for La Quinta's portion of the project also referred to as the "Core Area". This area includes paved areas, renovations around the concession stand, additional restrooms, bleachers, fences, shade areas, and the entrance. If approved by the City Council, staff will advertise a Request for Proposals with a Professional Services Agreement (PSA) for Plans, Specifications, and Estimates for Core Area Renovations at the La Quinta Sports Complex. The selected contractor will be responsible for working with the City and School District to provide all information necessary for DSA approval. The City Manager intends to appoint a Selection Committee consisting of the following members: Robert Ambriz, City Recreation Supervisor; Steve Howlett, City Golf & Parks Manager; Steve Ricci, Desert Sands Unified School District; and Nick Nickerson, NIA Consulting. 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. The bids for the PSA will be ranked by the selection committee. The RFP is attached for City Council review (Attachment 2). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Request for Proposals for Plans, Specifications, and Estimates for Core Area Renovations at the La Quinta Sports Complex; or 2. Do not approve a Request for Proposals for Plans, Specifications, and Estimates for Core Area Renovations at the La Quinta Sports Complex; or 3. Provide staff with alternative direction. Respectfully submitted, C 416L Edie Hylton Community Services Director Approved for submission by: o� Thomas P. Genovese, City Manager Attachments: 1. Preliminary Master Plan 2. Request for Proposals �.. 196 P � 1pIMYiI]lY dFNMYM TM?�NL1Y6 _ y� o� a �- 4a N QY CIL cc 24 V ati p 4 �10 u 41Q 97 -4 ATTACHMENT 2 Xfw Qumra� OF REQUEST FOR PROPOSALS PLANS, SPECIFICATIONS, AND ESTIMATES FOR CORE AREA RENOVATIONS AT LA QUINTA SPORTS COMPLEX The City of La Quinta ("City") requests proposals from qualified professional consultants to prepare plans, specifications, and estimates (PS&E) suitable for submission to the Division of State Architect (DSA) for renovations of the "Core Area" at the La Quinta Sports Complex. Designs shall be in conformance with applicable Title 24 requirements. The Consultant selected for this project must have previous experience with DSA submittals, a working knowledge of the California Government Code, Education Code, Field Act, California Building Code, and all other applicable codes and referenced standards, and must be in compliance with the Practice Act applicable to licensure. The design consultant will be responsible for preparing the project plans, providing an itemized engineer's estimate, bid schedule, bid item descriptions, payment methods, and technical provisions. Technical provisions and bid items shall contain all applicable DSA inspection requirements. Samples of specification formats used for City construction projects are available for review at the City Public Works/Engineering Department. The City will supply the remainder of the project bid documents. General Design Parameters The La Quinta Sports Complex is approximately 16.75 acres and is located on Desert Sands Unified School District (DSUSD) property between Truman Elementary School and La Quinta Middle School at the end of Park Avenue. The nearest cross street is Avenue 50. The City maintains the sports facility in exchange for field use after school hours. The Sports Complex was originally constructed in 1988. The purpose of this work is to prepare the PS&E necessary to renovate the Core Area as identified in the Preliminary Master Plan, Phase 1 for the La Quinta Sports Complex (Attachment 1). These renovations include but are not limited to; demolition of the existing flat work, grading, drainage construction, infrastructure construction, installation of a new pre -fabricated restroom facility, construction of new paving, fence replacement, and installation of new irrigation and landscape. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: Page 1 of 5 �. J 198 • Perform appropriate engineering study based on the Preliminary Master Plan. • Perform appropriate engineering related field survey, and prepare the base map. The base map will include all above ground and below ground utilities and potential obstructions. The existing irrigation system shall also be considered. • Perform utility coordination, identify points of connections, and obtain clearances. • Prepare project plans, specifications, and engineer's estimates of probable construction costs. These plans shall include but not be limited to; demolition, fine grading, paving, earthwork quantities, electrical, construction drawings, irrigation, and planting plans. • Plans will likely include Title Sheet with construction notes, construction plans, and necessary construction details. • Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, DSA requirements, and any specification details or standard plans. • Project coordination will include an appropriate number of meetings with the City, DSUSD, and staff from both La Quinta Middle School and Truman Elementary School. The consultant may be required to attend City Council or School Board meetings. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. The design consultant will also be required to respond to requests for information and provide clarification of questions relating to its plans during the construction phase. Project Development Process 1. Pre -Design Meeting Initial meeting between the consultant, City, DSUSD, and staff from both La Quinta Middle School and Truman Elementary School staff to clarify project design objectives and requirements. 2. Agency Approval A. Consultant will submit to the City and DSUSD all plans, specifications, and estimates, and/or other necessary documents required to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review (2) 2nd Review - 85-90% Check Plans & Specs (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review - Preliminary Final (screen check) B. City and DSUSD approved 100% PS&E shall be submitted to DSA for review. Consultant shall be responsible for obtaining the required Project Tracking Number prior to document submittal and shall respond to any comments or changes recommended by DSA as a result of their review. 199 Page 2 of 5 C. DSA approved PS&E will be submitted to the City Council for approval. D. All approved plans will be provided to the City on compact disk in AutoCAD 2008 or higher format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Construction Phase The consultant will provide assistance during the construction phase. This assistance will include responding to requests for information and responding to contractor requests for clarification. The consultant will provide final "As Build" Plans following the completion of the Core Area renovation. 5. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before 5:00 p.m., July 24, 2009. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Steve Howlett, Golf & Parks Manager City of La Quinta Community Services Department 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address, and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. Page 3 of 5 »...' 200 B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub - consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule Time is of the essence. A comprehensive design schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting September 29, 2009 as the start date. 2. Cost Proposal (envelope 2) - submit 1 copy The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub - task defined. Selection Process Work Proposals will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the Professional Services Agreement presented as Attachment 3. ,�. 201 Page 4 of 5 REQUEST FOR PROPOSALS PLANS, SPECIFICATIONS, AND ESTIMATES FOR CORE AREA RENOVATIONS AT LA QUINTA SPORTS COMPLEX The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the plans, specifications, and engineer's estimate for the Core Area Renovations at the La Quinta Sports Complex and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include, as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant Date Signed Page 5 of 5 PRELIMINARY MASTER PLAN, PHASE 1 70ME� LA QUI NTA SPORTS PARK CITY OF LA QUINTA o w w tm Hem '""' 203 T4hf 4 4 Qaha COUNCIL/RDA MEETING DATE: June 16, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 32279, Palo Verde, Standard Pacific Homes RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1s� STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to June 18, 2010 with the exception of the underground conduits for the roundabout, the grade adjustment of the valves and manholes, and the final lift of street paving being completed by August 21, 2009 for Tract Map No. 32279, Palo Verde, Standard Pacific Homes. FISCAL IMPLICATIO None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Palo Verde (Tract Map No. 32279) is located north of Avenue 58 and approximately half a mile west of Madison (Attachment 1). On February 8, 2006, the City Council approved the SIA for the on -site improvements for the Palo Verde development. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 204 Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements." On August 7, 2007, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements to June 18, 2009. In a letter dated May 7, 2009 (Attachment 2), the developer stated that the current housing market conditions have resulted in a considerable slow down of the construction schedule for this project and requested a time extension to June 18, 2011 to complete the remaining on -site street improvements. In a response letter dated May 21, 2009 (Attachment 3), the City informed the developer that several residents in the Palo Verde community have concerns with regard to the condition of the uncompleted on -site street. Motorist safety and emergency access is impaired due to the poor road surface as well as because valves and manholes are not yet adjusted to grade. Public Works staff and the developer met in the field to discuss the aforementioned issues. In a letter dated May 29, 2009 (Attachment 4), the developer proposed to complete the underground conduits for the roundabout, the grade adjustment of the valves and manholes, and the final lift of street paving by August 21, 2009. The developer proposed to install the two remaining roundabouts when construction of the homes is completed and requested a time extension to June 18, 2011. Staff concurs that installing the landscaped roundabouts now would be premature since these improvements would likely be damaged during construction of the future homes and are not necessary for safe operation of the street. However staff recommends the developer install the underground conduits for the roundabouts, adjust all utilities to grade and install the final lift of pavement now. These improvements will facilitate construction of the roundabouts once construction of the homes is completed around the roundabouts. Staff has prepared the attached resolution which requires the construction of these improvements and as a condition of approval of the second time extension of the SIA to June 18, 2010 which is the standard length of time (one year) for SIA extensions. On June 9, 2009 the City received a letter from a resident of Palo Verde requesting the developer expedite the street improvements, add lighting to the future landscaped medians and that the developer be required to complete all homes within this tract «....; 205 before moving over to construct homes on the adjacent tract which currently is also owned by Standard Pacific Homes (Attachment 5). Staff will request that the developer light the future medians but does not believe a condition requiring buildout of one tract before another is legally enforceable and therefore does not recommend this condition be included in the SIA extension. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to June 18, 2010 with the exception of the underground conduits for the roundabout, the grade adjustment of the valves and manholes, and the final lift of street paving to be completed by August 21, 2009 for Tract Map No. 32279, Palo Verde, Standard Pacific Coachella Valley; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to June 18, 2010 with the exception of the underground conduits for the roundabout, the grade adjustment of the valves and manholes, and the final lift of street paving to be completed by August 21, 2009 for Tract Map No. 32279, Palo Verde, Standard Pacific Coachella Valley; or 3. Provide staff with alternative direction. Respectfully submitted, d mothy onas o , P.E. Public Wo s Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager ». ,< 206 Attachments: 1 . Vicinity Map 2. Letter from Standard Pacific Homes dated May 7, 2009 3. Response Letter to Standard Pacific Homes dated May 21, 2009 4. Letter from Standard Pacific Homes dated May 29, 2009 5. Letter from Jan Junkin dated June 5, 2009 207 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 18, 2010 FOR TRACT MAP NO. 32279, PALO VERDE. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32279, Palo Verde, on February 8, 2006; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the. Subdivider to complete construction of the improvements by June 18, 2009, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to June 18, 2010 with the exception of the underground conduits for the roundabout, the grade adjustment of the valves and manholes, and the final lift of street paving be completed by August 21, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 18, 2010 with the exception of the underground conduits for the roundabout, the grade adjustment of the valves and manholes, and the final lift of street paving be completed by August 21, 2009. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. ,._., 208 Resolution No. 2009- Tract Map No. 32279, Palo Verde Adopted: June 16, 2009 Page 2 Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16`h day of June 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 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 DON ADOLPH, Mayor City of La Quinta, California r.,•• 209 ATTACHMENT 1 TM 32279 PALO VERDE V I C I :TY M NOT TO SCALE CITY COUNCIL MEETING: June 16, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 32279, Palo Verde, Standard Pacific Coachella Valley APPLICANT: Mr. Michael Battaglia, Standard Pacific Homes 210 STANDARD PACIFIC HOMES May 7, 2009 Timothy R. Jonasson, PE Public Works Director/City Engineer CITY of IA QUINTA 78-450 Avenida La Fonda La Quinta, CA 92253 Re: Request for Time Extension of Improvements Tract map No. 32279 — Mirage of La Quinta (a k.a. Palo Verde) Subdivision Improvement Agreement (SIA), On -site Improvements Dear Mr. Jonasson, ATTACHMENT 2 W141 'ED. MAY 12 2009 PUBLIC WORICq Pursuant to Section 8 of the Subdivision Agreement for Tract Map No. 32279, this letter is intended to serve as our application to the City Counsel for an extension of time for completion of the on -site improvements. The current housing market conditions have resulted in a considerable slow down of the construction schedule for this neighborhood from the original completion time frame of June 2009. The following is a status of improvements identified in Exhibit 'A' of the Subdivision Improvement Agreement: Improvement % Complete Schedule Completion Street 95 June 2011 Storm Drain 100 Domestic Water 100 Sewer 100 Dry Utilities 100 Perimeter Wall 100 Monumentation 100 If you have any questions, please feel free to contact me at (949) 789-1716. Sincerely, STANDARD PACIFIC HOMES of ORANGE COUNTY Do jest anger Cc: Michael Battaglia, Standard Pacific Homes Ed Wimmer, City of La Quinta O:\PROJECTM -N GEboa 1N ROJFL-MCUARMkT\COACnF]1.AVAILEY MGHBOMOODS\PAW XWDEIC-2L -CAUly MnOP\G13CPI]' CNG CORREWN'M 32279\TR 3n" RA FWrENSIO.N RPQUES MM 211 26 Technology, Irvine, CA 92618 1 TEL 949.789-1600 1 FAX 949.789.1609 1 www.naxdv*aciffrbaau.mm An ATTACHMENT 3 D P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 7.8-495 CALLS TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX:(760) 777-7101 May 21, 2009 Mr. Sean Doyle Standard Pacific Homes 26 Technology Irvine, CA.92618 Re: Subdivision Improvement Agreement (SIA) Extension Request - Tract Map No. 32279, Palo Verde Dear Mr. Doyle: Thank you for your -letter dated May 7, 2009 requesting a two-year time extension for completion of the remaining on -site improvements for the SIA for the above referenced tract. Unfortunately, the two-year time . . extension is not supported by the City staff and will not be taken forward for City Council consideration: Several residents of the neighborhood have complained about the condition of the on -site improvements including the uncompleted road. Due to thegeometry of thedevelopment, they.have no choice but to use the unfinished street to access their homes. The current condition of the road does not comply with City standards. Motorist safety and emergency access .is impaired due to the, poor road surface as. well as because valves and manholes are not yet adjusted to. grade. Additionally, your business plan calls for the road section to be left in its current state for an extended period of time. This may cause the road section to fail prematurely: Therefore, as required by the SIA, the developer shall. complete all on -site improvements by June 18, 2009, If the work is not completed by June 18, 2009, the City will declare the developer in default of its obligations under the SIA. 212 :k. ATTACHMENT 4 STANDARD PACIFIC HOMES 29 May 2009 Mr. Thomas P. Genovese Mr. Timothy R. Jonasson P.E. Mr. Bryan McKinney City of La Quinta 78495 Calle Tampico La Quinta, CA 92247-1504 Re: Trict Map 32279 — Subdivision Improvement Agreement Dear Mr Genovese, Mr. Jonasson and Mr. McKinney We are in receipt.of Mr. Genovese's letter denying our request for extension on the Subdivision Improvement Agreement for Tract 32279. As a follow up to the denial, I discussed'our situation with Mr. Jonasson and requested a meeting onsite. I appreciate your staffs willingness to meet to discuss the challenges, we all face during this severe economic dowmum. As you are aware almost all of the improvements are complete under the SIA. To date all that remains are the two roundabouts and cap paving to the street. Due to the current market conditions we requested an extension of the SIA. We are in the process of selling the models and remaining inventory homes and preparing the site to cease construction activity until the new home market rebounds. Our current anticipation is potentially two to three years before the market recovers in the area It is my understanding that two year extensions are not granted for SIA's, however we would like to propose a two year extension again Standard Pacific shares the same concerns that the homeowners have about completing the improvements and satisfying the City as to our obligations outlined in your denial- In light of that we propose the following. • Placg underground conduit (irrigation and electrical) in the street for the future roundabouts • Place the final lift of pavement for a full street section • Install the roundabouts when construction of the homes are completed in the future By placing the final lift of pavement, we are addressing compliance with City standard for a complete street section. The final lift also addresses the manhole adjustments. By delaying the installation of the roundabouts we will eliminate the problems of having them installed when we begin construction again. The roundabouts are directly in front of future home construction (lots 2, 9, 10, 21, 22, 29, and 30.) Maneuverability of vehicles and construction equipment will severely damage the roundabouts and become a 10. 214 Southern California — Ora a County Division 15326 Alton Parkway, Irving CA 92618.2338 1 Tel 949.789.1600 1 FAX 949.789.1708 1 waow.standardpadfichomes.com nuisance for residents within the community. Installing the roundabouts upon completion of the homes will provide for a better final condition of the entire street and the amenities. In Mr. Genovew7s denial, developers work is to be completed by June 18, 2009. We request that the date for completion of the street capping occur no later than August 21, 2009.Our current timeline is as follows: • Close model homes and occupy grid June • Close sales office July 1 • Remove sales trailer, landscaping in sales area and regrade lots July 1 through July 24 . • Prepare all fallow lots for binder and PMI0 compliance July 27 through July 31 • Underground conduit for center roundabouts July 27 through July 31 • Prep streets and cap pave Aug 3 through Aug 14 • Punchlist items and cleanup Aug 17 through Aug 21 Please take these items into consideration in preparing for an appeal to the City Council for a two year extension to the SIA for Tract 32279. Our bonds will be in place for the remaining roundabouts. The bond amounts will far exceed the amount needed to complete the roundabouts as they include the street capping as well. To date the bonds have been reduced to reflect improvements already in the ground I truly appreciate your consideration to this request. If you have any questions, feel free to contact me at 949-789-1752. Regards, Michael C. Battaglia Vice President Project Development Standard Pacific Homes CC: Kathy Jenson, City Attorney Sean Doyle, Project Manager Standard Pacific Homes 215 Southern California — Orange County Division . 15326 Alton Parkway, Irvine, CA 926M2338 1 Tel 949.789.1600 1 FAX.949.789.1708 I u standardpacifichomes.com ATTACHMENT 5 - June5, 2009 [6 nD — Ce: 11ke � City of La Quinta i JUN g � I (bu ed P.O. Box 1504 i I C CI iMAN LA 4UINF ` La Quinta, Ca. 92247 crtMnr,t r c[e s o�N; - w i•// Att: Don Adolph, Mayor In1d�rR t�ol�.a/Clt d �� _ A. , To whom it may concern, The developer, Standard Pacific, has asked the city for an extension of their Subdivision Improvement agreement that is currently due to expire in the middle of June. We anticipate that the item will be heard by Council at their meeting on June 16M. The residents that are now apart of this subdivision would like to express their concerns at this meeting. Our subdivision consists of two dead end streets off 58th in a community known as Palo Verde that backs up to the back wall of PGA West. The developer is in the process of pulling out and asking for a two year extension. Under the current economy, the two years may well go into three, four or more. We respec6titlly request that the following conditions be added to their extension agreement if it is approved. 1. They are required to build out Rosewood Court first upon returning and finishing off our street with the center islands (two) that are on the subdivision plans. We also request that these islands are lighted for aesthetic and safety reasons. We tried to have these islands in before the pull out so that our street would look somewhat completed but the developer is refusing. However, if this is not possible we would like to make it a priority to have these completed upon their return. This would mean that the city would require them to build out the 14 existing lots on Rosewood Court before developing the next street, Cherrywood Place. Cherrywood Place currently has only dirt lots with no paved street. The developer wanted to skip back & forth and leave the very last phase of building on Rosewood Court. 2. If the developer does not return within the extension period we request the bond respond to the remaining conditions immediately. The developer has sold all the model homes, inventory homes at a substantial discount from the original price we paid. There is no longer a reason for the developer to proceed per the original plans. We hope our request be made apart of their extension, if granted, so it will hopefully shorten the time frame we face living on a street that is not completed per the plans that are on file with the city of La Quinta. . We would appreciate if you would discuss this matter before the meeting. We plan to attend the meeting with a spokesperson. This item is of utmost importance to us, many of us are retired and hope that we will not be living on an unfinished street for years to come. k you r your time and consideration. un " 57-685 Rosewood Court La Quinta, Ca. 92253 760 771-0026 216 - ��may. �� 1 ' IIN cl � \ \ ■ § | n 20¥ & 4 � g IRA . � . *V-� u O. M $ 1 Ci ¥ S � . fag \ , § tn, C § / x � � Z 217 � . � �J Jan, The attached landscape plans have been approved by CVWD, however the common area lighting plans have not been submitted to the City of La Quinta at this point in time. My e-mail history shows that the original e-mail containing these materials was sent to your attention back on February 24, 2009. If you have trouble opening these files or would like to have hard copies sent to your attention please let me know. `9oyee Manager STANDARD PACIFIC HOMES .41akn2 }'cu ftige: dr ftunu' 26 Technology Irvine, CA 92618 9499, 7891716 949.789.3416 (Fax) Please consider the environment before printing this email. From: Janjunkin8@aol.com [mailto:Jartjunkin8@aol.com] Sent: Monday, June 08, 2009 4:24 PM To: Sean Doyle Subjeck Re: center islands /Palo Verde 71YV ,I have no knowledge of receiving these. If they were sent in the same format, I can't open. It is asking for a ford etc. Please re -send in a different format if possible, Have these plans been approved than by CVVVD? a message dated 6/8/2009 3:38:13 P.M. Pacific Daylight Time, SDoyle@stanpac.com writes: Jan, I sent you the plans back in February of this year. Here is the e-mail with the requested information. Just a reminder that the CVWD is the approving agency on the landscape plans. Would you like the information in a different format? If so, please let me know. payee Manager STANDARD PACIFIC HOMES AIJUNg F*& Rigbl At lhov" Technology ine, CA 92618 9. 789.1716 P. 789.3416 (Fax) Please consider the environment before printing this email. n: Janjtmkln8@aol.com [mailto:lanjlmkin8@aol.com] k Monday, June 08, 2009 3:33 PM Michael Battaglia; Sean Doyle jack center Islands /Palo Verde send me a copy of the "revised plans" for our center Islands in Palo Verde. Tuesday, June 09, 2009 AOL: Janjunkin8 .._ 218 272z�} §ACOO-'Z A§m2 ; Bxt c �. : A z§i \ k I . � �§k 4 �y<. xZJ. Jill , � ]||! W � ! ■ ; ■ e § all � \\\%■ � : � / 219 O ® O® Elm ®O BOOM We 000OO O ii` • !� Mill I HIM t`{I II It i�i e 6 Be { i+i je ilr !i': ! t �i{l 9{ ' i{ I �I{•Ef I ij`i E ,� �rt!jEF it{�,I!c1l(�e if E : i {li!�I lr i E iPl �� f• it � i� ��i � { � {rt� • • { i �l 111{ !` rl ' i!i i ! r{ ! t' E�Y{e i(i!! l��j !ill li l fi1lll Prlf Itpt! {j If! ! t 1 a 1a I •tt;tit IPIIYsrerr. . . o YI.-r lie I {lBBtAsr Br/ o..lru r 1 i az:•—•- �9 •EI lYE {B is � !i • P BI Ft azn•• a9 a { r TPBCt. 32279 / 6 Q�i M A�M�UD rIO1C lIDA1E5 rtVCQ. G _-_ n a••• 220- 'j5 rt C, 0:3 E a) " I? cu c .E�I.0 c r a. 0 a X 0 E a Lo 0 r C. LL � - O. 221 '09, 222 o� �o QU4qrC4U 7 OF TKF COUNCIL/RDA MEETING DATE: June 16, 2009 ITEM TITLE: Approval of an Amendment to the Maintenance Services Agreement with CleanStreet for Mechanical Street Sweeping Services Extending the Term for One Additional Year RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Amendment to the Maintenance Services Agreement for Mechanical Street Sweeping Services (Attachment 1) with CleanStreet (Contractor) to continue services for an additional year (July 1, 2009 through June 30, 2010) and authorize the City Manager to execute the Amendment. FISCAL IMPLICATIONS: Based upon actual work from the previous fiscal year, the proposed fees are calculated at $25.52 per curb mile or $2,016 per week for 52 weeks. It is anticipated that this Maintenance Service Agreement will be approximately $104,836. Adequate funds for Street Sweeping Services have been proposed in the Fiscal Year 2009/2010 preliminary budget, Account No. 101-7003-431-44-10. CHARTER CITY IMPLICATIONS: The referenced services are funded by the General Fund. Therefore, under the Charter City status, the City is not required to pay prevailing wage rates. BACKGROUND AND OVERVIEW: On May 20, 2008, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain street sweeping services. On May 22, 2008, the RFP for street sweeping services was posted on the City's web site. �� 223 On June 16, 2008, the City received one proposal. The proposal was submitted by CleanStreet in the amount of $25.52 per curb mile or $2,016.08 per week for 52 weeks, which is the same rate as last year. The fee as originally proposed would result in a contract amount of $104,836. Staff researched the street sweeping fees being paid by other jurisdictions within the Coachella Valley. The sweeping costs paid by these jurisdictions range from $24.32 to $28.12 per curb mile. During the July 1, 2008, City Council Meeting, the City Council approved a Maintenance Services Agreement in the amount of $104,836 with CleanStreet to provide street sweeping services for Fiscal Year 2008/2009 and authorized the City Manager to execute the Agreement (Attachment 2). The report also allowed the Maintenance Service Agreement to be extended yearly, for a period not to exceed three (3) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 201 1 /2012. If City Council approves the Amendment to the Maintenance Services Agreement at its June 16, 2009 meeting, street sweeping services will continue from July 1, 2009 through June 30, 2010. This is the first one-year extension. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an Amendment to the Maintenance Services Agreement with CleanStreet for Mechanical Street Sweeping Services extending the term for one additional year and authorize the City Manager to execute the amendment; or 2. Do not approve an Amendment to the Maintenance Services Agreement with CleanStreet for Mechanical Street Sweeping Services extending the term for one additional year and do not authorize the City Manager to execute the amendment; or 3. Provide staff with alternative direction. 224 Respectfully submitted, mothy on on, P.E. Public Wor s Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Amendment to Maintenance Services Agreement 2. Maintenance Services Agreement �••• 225 ATTACHMENT 1 AMENDMENT TO MAINTENANCE SERVICES AGREEMENT BETWEEN CLEANSTREET AND CITY OF LA QUINTA This Amendment to the Maintenance Services Agreement for Mechanical Street Sweeping Services, made and entered into on June 16, 2009, by and between CleanStreet; herein referred to as the "Contractor" and the CITY OF LA QUINTA, herein referred to as the "City". WITNESSETH: WHEREAS, the City is desirous of Amending its Agreement for Mechanical Street Sweeping Services with CleanStreet to provide for one (1) additional year of service; and WHEREAS, Contractor is agreeable to rendering services for an additional year to the City on the same terms and conditions as contained in the Agreement for Mechanical Street Sweeping Services between Contractor and City. 'I IT IS AGREED that Section 5.0 Insurance and Indemnification of said agreement is hereby amended to read in its entirety as follows: 5.0 INSURANCE AND INDEMNIFICATION. 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 own cost, and submit concurrently with its execution of this Agreement, insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A. M. Best and Company rating level of A- or better, Class VI or better, or as otherwise approved by the City. Insurance shall include the following (or broader) coverage: a. Insurance Services Office Commercial General Liability coverage "occurrence" form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. b. Insurance Services Office form number CA 0001 or equivalent covering Automobile Liability, including hired and non -owned automobile liability with a minimum limit of $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned and hired auto endorsement to Consultant's commercial general liability policy. .I C. Consultant shall carry Workers' Compensation Insurance complying with California's worker's compensation laws, including statutory limits for workers' compensation and an Employer's Liability limit no less than $1,000,000 per accident or disease. d. Consultant's pollution liability insurance shall be written on a form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including' non -owned disposal sites. Products/completed operations coverage shall extend a minimum of 3 years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's dutyto defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. Liability insurance policies required to be provided by Consultant hereunder shall contain or be endorsed to contain the following provisions: e. City, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the Work or related to the Contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or its exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. f. General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage will not be limited to City's vicarious liability. g. Liability coverage shall be primary and non-contributing with any insurance maintained by the City. h. Evidence of coverage (including the workers' compensation and employer's liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days' prior written notice has been given to City. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice. i. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of recovery prior to a loss. Consultant waives its right of recovery against City. j. Consultant agrees to deposit with City within fifteen (15) days of Notice to Proceed of the Contract certificates of insurance and required endorsements. k. There shall be no recourse against City for payment of premiums or other amounts with respect to the insurance required to be provided by Consultant hereunder. Any failure, actual or alleged, on the part of City to monitor compliance with these requirements will not be deemed as a waiver of any rights. on the part of City. City has no, additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. 1. 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. 5.2 Indemnification. 1. 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 liability, 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, actual attorney fees incurred by City, court costs, interest, defense costs including fees of expert consultants or expert witnesses incurred in connection therewith and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of or arising out of or in any way attributable in whole or in part to the performance of this agreement. All obligations under this provision are to be paid by Consultant as the City incurs them. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Without affecting the rights of City under any provision of this agreement or this section, Consultant shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, 228 provided such sole fault is determined by agreement between the parties or by the findings of a court of competent jurisdiction. This exception will apply only in instances where City is shown to have been solely at fault and not in instances where Consultant is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Consultant will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. 3. Consultant acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. 4. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor 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 here, Consultant agrees to be fully responsible according to the terms of this section. 5. 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 a set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. IT IS AGREED that "Exhibit C Schedule of Performance" of said Agreement is hereby amended to read in its entirety as follows: Contractor shall complete all services within Three Hundred Sixty Five (365) days, from July 1, 2009 to June 30, 2010. Yearly extensions, not to exceed two (2) one-year extensions, renewable at the beginning of each. fiscal year through Fiscal year 2011 /2012, may be allowed, at the City of La Quinta's discretion. IT IS AGREED that "Exhibit A Scope of Services" of said Agreement is hereby amended to add item "N" as follows: N. Contractor shall use vehicles with dedicated alternative fuel sources (i.e. compressed natural gas (CNG), liquefied natural gas (LNG), liquefied petroleum gas (LPG), Hydrogen or hydrogen natural gas blends, electric or gasoline hybrid electric) to fulfill its Agreement with the City of La Quinta. CITY OF LA QUINTA Dated: June 16, 2009 By: THOMAS P. GENOVESE City Manager ATTEST: VERONICA J. MONTECINO, CMC, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney CLEA EET . Dated: June 16, 2009 By: Name: Wre Costello Title: Chief Executive Officer "CONTRACTOR" . 2,10 ATTACHMENT 2 MAINTENANCE SERVICES AGREEMENT THIS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and CLEAN STREET ("Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services related to Mechanical Street Sweeping as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with, Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any" Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contractor. -• 231 1.6 Additional Services. In. accordance with the terms and conditions of this Agreement, Contractor shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Four Thousand Eight Hundred Thirty -Six Dollars and Sixteen Cents ($104.836.16) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Contractor's rate schedule, but not exceeding the Contract Sum,. or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member.. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of 232 Performance may be approved in writing by the Contract Officer. Yearly extensions, not to exceed three (3) one-year extensions, renewable at the beginning of each fiscal year through Fiscal Year 2011 /2012, may be allowed, at the City of La Quinta's discretion. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Mr. Rick Anderson, Business Development b. Ms. Kelli Kessler, Administrative Assistant C. Mr. Chase Harris, Operation Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Mr. Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise 233 specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Contractor 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, Contractor 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 Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Contractor shall carry automobile liability insurance of $3,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contractor, its officers, any person directly or indirectly employed by ,Is-, 234 Contractor, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Contractor 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 Contractor 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 Contractor's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse .of the design at a location other than that specified in Exhibit C without the written consent of the Contractor. 235 b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise our of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. C. General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. d. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 5.3 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing 'Is... 236 herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured's City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 2004. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor 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 Contractor'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 Contractor or deducted from sums due Contractor, 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. Contractor agrees to require its insurer to modify 237 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 Contractor 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. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Contractor'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 Contractor, 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 Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, 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. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long ay rt its employees or agents face an exposure from operations of any typepursuant to s 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. 238 16. Contractor 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 . Contractor'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 Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor 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 Contractor 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. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor 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. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning Contractor's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting 239 principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby, In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Contractor for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Contractor from liability resulting from said change. The provisions of this clause .shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7,2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the Injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to u... 240 take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a 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 Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior to Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 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 Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior 'to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Contractor. If termination is due to the failure of Contractor 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 Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. '"•• . 241 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 Contractor, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contractor or to its successor,. or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of 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. Contractor 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. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give 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: Timothy Jonasson 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 To Contractor: Clean Street Attention: Mr. Rick Anderson 1937 West 169" Street Gardena, CA 90247 Phone: (800) 225-7316 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. »... 242 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation (� �,-L DON ADOLP , May Dated: —1 (� I ( 0% ATTEST/. La Quinta, J. 1M1ATrCINO, CIVIC, City Clerk TO WRM: &gKA&EWINE JENS N, ity Attorney City of La Quinta, Cal for is CONTRACTOR: Jere Costello Title: Chief Executive Officer .1., . 243 Exhibit A Scope of Services 1. Services to be Provided: Clean Street shall furnish all necessary materials, equipment, labor, and incidentals as required to perform street sweeping for the City of La Quinta. The work involved shall include mechanical and/or manual sweeping of all curbed flow -lines, including all cross gutters, streets and paved center median islands. The areas to be swept consist of all designated streets located within the northern portion of the City as illustrated within Attachment 1, which is made a part of this agreement. Each of the streets identified shall be swept a minimum of once per week. 2. Performance Standards Street sweeping shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning. Additional performance standards include: A. When necessary for proper street cleaning, more than one pass will be made on the street without additional charge; B. Additional sweeps requested by the City of La Quinta for unsatisfactory performance shall be responded to immediately; C. The City reserves the right to add additional streets and/or other right-of-way to the street schedule. The contractor shall provide any additional sweeping services at the agreed upon per curb mile cost; D. Contractor shall maintain the sweeping schedule as approved by the City of La Quinta and shall maintain standby equipment to be used in the event of equipment breakdown or an emergency; E. Sweeping in residential areas shall not commence prior to 7 a.m. F. Sweepers shall not be operated faster than 10 mph when sweeping paper, leaves or light trash, 5 mph when sweeping normal accumulation of dirt, sand and gravel, and 3 mph when sweeping heavy accumulation of dirt, sand and gravel. G. Contractor shall make arrangements with the Coachella Valley Water District (CVWD) to obtain and pay for water necessary for street sweeper operations. The City of La Quinta shall review and approve water access locations. H. The City of La Quinta shall be the sole authority for canceling scheduled street sweeping due to inclement weather. When inclement weather prevents adherence to the regular sweeping schedule for two or less days in a given week, the sweeping . areas so affected by the inclement weather shall be swept within seven days of the scheduled sweeping without interruption of regular sweeping schedule. Contractor shall perform all make up work due to inclement weather without additional charge. In.•, 244 I. In the case of prolonged inclement weather, the City, at its discretion, will consider the Contractor's request to eliminate sweep days not completed. If sweep days are eliminated, the Contractor shall credit the City for curb miles not performed. J. Contractor shall not sweep on Saturday, Sunday or City recognized holidays. K. Consultant will submit a list of the type of equipment to be utilized, including the year, make and model of each sweeper proposed for providing these services to the City for approval. At a minimum, the Contractor shall provide two (2) primary and one (1) back up sweeper. The two primary sweepers shall be regenerative air vacuum sweepers that comply with South Coast Air Quality Management District (SCAQMD) Rule 1186.1 Less Polluting Sweepers. L. Contractor shall develop a weekly sweeping schedule for approval by the City of La Quinta. At a minimum, each street shall be swept as soon as possible following the weekly trash collection. M. Contractor shall spray street with water during street sweeping operations to the extent required to minimize blown dust/dirt in compliance with AQMD - PM10 requirements. 245 Exhibit B Schedule of Compensation Payment shall be provided to the Contractor for services rendered based upon each curb mile swept. Compensation shall be provided at $25.52 per curb mile. Total compensation for all work under this contract shall not exceed One Hundred Four Thousand Eight Hundred Thirty -Six Dollars and Sixteen Cents ($104,836.16) except as specified in Section 1.6 - Additional Services of the Agreement. The following is a summary of costs to provide the services outlined within Exhibit A of this Agreement for Mechanical Street Sweeping Services. Item Description Unit Est. Qty Unit Cost Extended Cost Street Sweeping Linear Mile 79.0 S25.52 S2,016.08 per week TOTAL $ 2,016.08 per week 246 Exhibit C Schedule of Performance Contractor shall complete all services within Three Hundred Sixty -Five (365) days, from July 1, 2008 to June 30, 2009. Yearly extensions, not to exceed three (3) one-year extensions, renewable at the beginning of each fiscal year through Fiscal Year 2011/2012, may be allowed, at the City of La Quinta's discretion. 247 Exhibit D Special Requirements The City of La Quinta will provide the Contractor with a disposal site for the refuse collected within the City of La Quinta Corporate Boundary. The City and the Contractor will be responsible for disposal of the refuse, 248 TwroFlwQ COUNCILIRDA MEETING DATE: June 16, 2009 ITEM TITLE: Approval to Excuse Chairperson Maria Puente's Absence from the June 18, 2009 Historic Preservation Commission Meeting RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from Chairperson Maria Puente to be excused from attending the June 18, 2009, Historic Preservation Commission meeting. FISCAL IMPLICATIONS: IZrem CHARTER CITY IMPLICATIONS: None. 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, Historic Preservation Commission Chairperson Puente has requested of the City Council to be excused from the June 18, 2009 Historic Preservation 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: 249 1. Approve Chairperson Puente's request to be excused from the June 18, 2009, Historic Preservation Commission meeting; or 2. Deny Chairperson Puente's request; or 3. Provide staff with alternative direction. Respectfully Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Request from Chairperson Puente ^• 250 ATTACHMENT 1 May 28, 2009 Maria L. Puente 78-620 Forbes Circle La Quinta, CA. 92253 (760)345-4411 Mayor of City of La Quinta La Quinta City Hall 78-495 Calle Tampico La Quinta, CA. 92253 Dear Honorable Mayor and Council Members: MAY 2 8 2009 NINiu F LA OUINTA The purpose of this letter is to formally request to be excused from the upcoming La Quinta Historical Preservation Commission monthly meeting, to be held on Thursday, June 18, 2009. I will be out of the country from June 13 to August 18. I will be present, however, for the meeting on August 20, 2009. I appreciate your consideration in this matter. Maria L. Puente ••• 251 F`H OF TKtiO AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 16, 2009 BUSINESS SESSION: ITEM TITLE: Approval of New Job Description for Executive Office Assistant, Revisions to Job Description CONSENT CALENDAR: for Executive Assistant, and Title Change to STUDY SESSION: _ Personnel/Risk Manager PUBLIC HEARING: RECOMMENDATION: Approve new job description for an Executive Office Assistant, revisions to the job description for Executive Assistant, and title change to the Personnel/Risk Manager position. FISCAL IMPLICATIONS: The cost for the new position of Executive Office Assistant has been incorporated in the proposed budget for Fiscal Year 2009/10. The salary is at Range 38 ($2,983 - $3,626 per month). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Manager's Office determined the need for a new position of Executive Office Assistant. As indicated on the job description (Attachment 1), this position would be responsible for general clerical and administrative support duties in the City Manager's Office. The position will be split between Management and Development Services. The changes to the job description for Executive Assistant (Attachment 2) relate to supervisory capabilities for the position. A title change is proposed from "Personnel/Risk Manager" to "Human Resources/Risk Manager" to be more in -line with the position's responsibilities and industry practice. 252 There are no recommended salary range changes to the Executive Assistant or Human Resources/Risk Manager positions. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the job description for Executive Office Assistant, changes to the job description for Executive Assistant, and title change from "Personnel/Risk Manager" to "Human Resources/Risk Manager;" or 2. Do not approve the job descriptions and title change; or 3. Provide staff with alternative direction. Respectfully submitted, AcAl"44 Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Executive Office Assistant job description 2. Executive Assistant job description �•.. 253 ATTACHMENT 1 THE CITY OF LA QUINTA EXECUTIVE OFFICE ASSISTANT GENERAL STATEMENT OF JOB Under direct to general supervision, performs clerical tasks which may be confidential and sensitive in nature for the Mayor and City Council, the City Manager, Assistant City Managers, or Personnel/Risk Manager; acts as backup receptionist at the counters and on the phone; provides general information to the public and Council members. DISTINGUISHING CHARACTERISTICS This job class is the entry level of the Clerical/Secretarial series. Employees in this classification follow well-defined policies and procedures which can be learned readily by on-the-job training. After employees become familiar with particular procedures they may work with some independence. This job class requires accuracy and attention to details and the ability to deal tactfully and courteously with the public. This job class is set apart from other classifications within the Clerical/Secretarial series by the nature of communications originating from the Mayor, City Council, City Manager and staff within the City Manager's Office that require discretion and confidentiality, as actions can have significant effect upon City operations. REPORTS TO: Assistant City Manager or other appropriate City staff. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. • Provides confidential administrative support to the Assistant City Managers, Executive Assistants, and other assigned management staff; • May prepare, proofread, duplicate and file a wide variety of confidential reports, letters, memorandums, and other confidential documents including, but not limited to, confidential documents related to the meet and confer process with represented employees; • Answers all incoming calls in a professional manner; locates individuals, takes messages if necessary; • Greets and gives directions or information to the general public; • Performs filing, duplicating and general clerical duties; types correspondence, reports, minutes, handouts and/or other assignments using a word processing program; makes copies of reports and forms; �� 254 • Checks forms, records, and other materials for accuracy, completeness and conformance with established procedures; Assists with sorting and distributing incoming mail; signs for packages and contacts appropriate person; Assists in establishing and/or maintaining a filing and retrieval system for interrelated files and records; Assists in taking inventories of office supplies and may order supplies; tracks back ordered supplies; and reviews invoices for accuracy, resolving discrepancies as necessary; • Assists in a variety of functions such as mailing and publication of newsletter, and maintaining mailing lists of appropriate agencies and public officials; • May operate a central PABX telephone system; • Performs various related essential duties as required. MINIMUM TRAINING AND EXPERIENCE High school graduation or equivalent; some clerical, reception and typing experience desirable; proficiency in a word processing program desirable; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Required Licenses and Certification Requires a valid Class C California Drivers License. Additional Requirements Must be available to attend evening meetings. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of.• • receptionist techniques and communication skills; • typing, telephone procedures, use of standard office equipment; basic uses and capabilities of personal computers desirable; • proper English usage, grammar, punctuation; • practices, procedures, and activities of office including filing; • general office operations, functions, and procedures. Physical Requirements: • Ability to operate a variety of automated office machines including an adding machine, copier, postage machine, personal computer and peripheral equipment, typewriter and fax machine; • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including typing at 45 net wpm from clear copy (45 net wpm preferred; 32 net wpm minimum) and collating papers; ,,•, . 255 • Ability to exert light physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Mathematical Ability: • Ability to add, subtract, multiply and divide. Judgment and Situational Reasoning Ability: • Ability to apply common sense understanding to perform semi - repetitive tasks such as typing, re -loading and fixing minor problems with the copier, fax, printer and computer; • Ability to use independent judgment in fairly non -routine situations, such as recognizing scope of authority and maintaining confidentiality, when necessary. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including messages, invoices, reports, checks, and meeting minutes; • Ability to prepare letters of correspondence, memos, transmittals, forms, and reports using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including dictionary, operations manuals for office equipment and phone directory; • Ability to communicate effectively with coworkers, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. June 2009 256 ATTACHMENT 2 THE CITY OF LA QUINTA EXECUTIVE ASSISTANT GENERAL STATEMENT OF JOB Under general supervision, performs a wide variety of complex and highly responsible secretarial and administrative functions, which may be confidential and sensitive in nature for the Mayor and City Council, the City Manager, Assistant City Manager, Personnel/Risk Manager or other City department head. Completes, coordinates and assists with special projects and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS This job class is within the Clerical/Secretarial series. Employees in this classification follow a broad framework of policies and procedures. This job class is set apart from other classifications within the Clerical/Secretarial series by the nature and scope of responsibilities originating from the Mayor, City Council, City Manager and staff within the City Manager's Office or other City department head that require discretion and independent judgment, as actions can have significant effect upon City operations. Also this job class may involve supervision of the Executive Office Assistant's clerical/secretarial functions and responsibilities. Duties are more extensive and complex due to the broader variety and scope of operations associated with a diverse department. REPORTS TO: City Manager, Assistant City Manager, Personnel/Risk Manager and/or Department Director. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. • Provides responsible, complex and confidential secretarial and administrative support to the Mayor, City Council, City Manager, Assistant City Manager, Personnel/Risk Manager and other assigned management staff; • May perform supervisory duties for Executive Office Assistant including assigning reviewing and planning work and writing performance evaluations; Prepares and proofreads a wide variety of complex and confidential reports, letters, memorandums, and other confidential documents including, but not limited to, confidential documents related to the meet and confer process with represented employees; 257 Assists in the preparation and maintenance of confidential Personnel records and files; • Maintains record -keeping system for personnel performance evaluations, prepares related correspondence, assists in the preparation and placement of employment job announcements and advertisements; Assists in the preparation of materials and documents related to Personnel/Risk Management activities; interacts with employees, members of the public and outside agencies on Personnel/Risk Management and other City issues; • Prepares complex reports and documents including agendas and agenda materials, bulletins, memoranda, press releases, independent correspondence, manuals, resolutions, and meeting minutes; • Performs a variety of complex and advanced secretarial duties in support of the Mayor, City Council, City Manager, Personnel/Risk Manager or other Department Directors, including handling confidential materials, scheduling appointments and arranging for meetings; • Researches, compiles and summarizes data; formats and distributes reports and documents; • Establishes and maintains a complex system of interrelated files and records; • Coordinates schedules of appointments, meetings, conferences, accommodations, travel, and special events; • Assists in the coordination of appointments and activities with other governmental agencies for the Mayor, City Council, City Manager and other management staff; • Arranges a variety of meetings and conferences including the preparation of applicable materials; • Screens inquiries from the public, provides related information, forwards complaints and requests for information to the appropriate City official; • Maintains mailing lists of appropriate agencies and public officials; • Performs various related essential duties as required. MINIMUM TRAINING AND EXPERIENCE High school graduation or equivalent; five years of increasingly responsible secretarial experience, which involved secretarial/administrative responsibilities for upper management staff and contact with the public; or any equivalent combination of training and experience, which provides the required skills, knowledge and abilities. Secretarial experience for a public agency is highly desirable. Required Licenses and Certification Requires a valid Class C California Drivers License. Additional Requirements Must be available to attend evening meetings. '".•.11 258 KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of: • extensive technical and administrative office methods, procedures and techniques; word processing methods and techniques, basic uses and capabilities of personal computers; • typing, telephone procedures, use of standard office equipment; • City policies, rules and regulations; operations, procedures, and precedents of the assigned department and local government operations; • Personnel/Risk management practices and procedures; • proper English usage, grammar and punctuation; • basic report writing, record keeping systems and business correspondence. Physical Requirements: • Ability to operate a variety of automated office machines including an adding machine, copier, postage machine, personal computer, typewriter and fax machine; • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including typing at 55 net words per minute from clear copy (55 net wpm preferred; 39 net wpm minimum), word processing and collating papers; • Ability to exert light physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Supervisorial Responsibilities: • Ability to assiqn, review, plan, and coordinate the _.work of other employees; • Ability to act on employee problems, and allocate and select personnel. Mathematical Ability: • Ability to add, subtract, multiply and divide; • Ability to compute and use fractions and decimals. Judgment and Situational Reasoning Ability: • Ability to use or utilize concepts of rational thinking in initiating correspondence and assisting in bookkeeping; • Ability to apply principles of influence systems such as supervising; • Ability to use independent judgment in fairly non -routine situations, such as recognizing scope of authority and maintaining confidentiality, when necessary. �•• 259 Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including City and department rules, laws and policies, messages, invoices, reports, checks, and meeting minutes; • Ability to prepare letters of correspondence, memos, transmittals, forms, legal notices, draft ordinances, resolutions and reports and to compile bid packages using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including dictionary, operations manuals for office equipment, computer software manuals and phone directory; • Ability to communicate and maintain effective working relationships with officials, coworkers, supervisors, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. June 2009anuary 2008 Nam, 260 a u�Q cyL ow moo$ Qum& F`N OF T1'� COUNCIL/RDA MEETING DATE: June 16, 2009 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed by: Judy CONSENT CALENDAR: 14" & John Sherwood; Date of Loss — March 4, 2009 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Judy & John Sherwood; Date of Loss — March 4, 2009. FISCAL IMPLICATIONS: The total amount of the claim is $440. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Judy and John Sherwood with a reported date of loss of March 4, 2009 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Deny the Claim for Damages filed by Judy & John Sherwood, with a reported date of loss of March 4, 2009; or �•• 261 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, A-1o�.n& Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Judy & John Sherwood, Claim for Damages 262 ' ✓��'2��9TCHMENT c- 1 ERVE 9% RUNG STAMP Fe EvnTH: CLAIM FOR DAMAGES , CITY CLERK'S OFFICE t AU N _ CRY of La Quinta TO PERSON OR PROPERTY. P.O. Box 1504 Lo OWnta, CA92253 NSTf muslbefWnrAlatertmskmm� vafter 1. ClabnstordeaE4bl�nybpdsarrabpersanaf properb n Itooceaeum (Gm Code §SU4 2. c bft brdanlagesb leaf VoWV muslbelled rdW Eon 1 year aft Ere o=Mwa. (Gov. Cade § at t]a 3. Rod etft&Imbmbefore 8% 4. See page 2br daW= upon w hthb bask place of aodderd. 5.UbdaimbmudboEnaasipr an page 2albodm SfONFACHSHEET. 6.Allach paoledlebessary. E Da1BdBerft9fCla>�nt '- 1 TO, (NNW ofCdyl a Qu /.Of �-' Nameofcbknant d ✓Olin �i 2rwoodCbknant owvdma rl a�o�� e HarleAddressOf �glan� aEs n „ HatleTeledlarreat(ya6ront mp""m - irIN, woo=? NamBsaanYarYeugwiewm %,m----.-.._ -- r Trnw�/f /!� s/ . Wfic lau;; pol �Q,, n� on wry �ana�P din . ..,�a,.,. _� .--. ----. -- --- - and address and measumn*rls 10m WATladcs: Q/n/�y /'oorn G/lndou/ /ol1,e, ,q /7;/s s/,4,P (��- IROMffie In detaE haar TO VAMN= a IIFIVn11M1�,,,w. ^(lei/ �Ky/ 'ypS/oPP-lo, /,� rla,4/C'e a� �4�a�e. ave/» ,ew Cuss 6rok�o,f Why do ywr dairn the cEy is resporrsrmez %fir irr%y Po�'e sccfs-�/laf Sellil1c, - op C'er,/,,// laas�sf /o�r•�. �oa� /1�ur� •�i/�/ C C /Y/Ufl 6e Cc /// scrma m oe®u rmuI aa,w," � ,,,......- ` (�?//y a pe /' �/C P Uy 'f�iPd O ../� ol.Cjo �.ce. a� Boas �} you d/d Cuss rQ�/�'/ass 263 ru,e n e,n� ul ICT AF AIGNE OGN REVM E' .pas -fed d� _ ... - RFF PAGE 2 (OVER) / �D Q/7 L-2/� %� /Z'�y a The amount claimed. as of the data ofFaSemti of aus daim, is oompubd as News: Damages InWrted b dab (exm,, Estimated Prospectiveesve damagQ/as fares blown: EVensesfor 1 1 arDamage to poputy ................... a �� Future axpenses for medlc4e °Pad ha 67c .a 1170 hospital Care ..... s l.ossofearnigs ........................ s Fuhlrelossoteamilgs ....................E Special damages for ..................... s DIV P Ve special damages ..........E Rospedivetenerddamages ..............E General damages ....................... $ row eshmrabdprospecgvedamages ....... E— Total damages blamed b date .......... s I?fW SCl ens Cr/7o) Towiwrlmaddaiuedasofdab dpteseab6ortoftnisdaim yy0 s be Pe/o.�eed Was damage andfor injury InvesSgabd by If so, what *? Were paramoft orarnb ulanoe can �O Kw. name clH arambubrlca B idlged, state date. tide, name and address of doCtorof yaaili6el visd_ /! addresses OfPersoas blown In have inlibmra6orr Phone XU JG3- .6n99v Ralre DOCTOR ANDHOMTa. De�oinh `o�-rod Ctivve a /7y v .1Hospital sau� e o Address_�b.�9/,7 amwe oar Ptrane Doctor Aftess A Phone Phone Faeaaddwtrbbnpboeenbaowi6diapremhmred RFADCAREFULLY East.SMkArWWwtI s bpbwgfaodW r ��8 4 aoddmtby7lt•andbcaionolyaaseparyourveNCOaattlra6naotOreacdderd nertanordfshwasb*weememrCkYVeldd washraN derma by by*B-I•sW0lepohd0finpadby-r leb WbcdmOlCtrVdit%teeyoufasl=wkwdbyVbcdm.fyoufseR NOTE rotbamsseagea.aWhembaFaWdVam or yourraldcbwtan you Post saw Qb Vebkk bwaon okay wPoide at male of sow by dab" SIDEWALK H L CURB—!t 6t Ile - CURB PARKWAY7 /�v/ SEWALK �z\ � X = GJinCow 6io/Cpn J = /Jy/Ssin9 SC'/ P?nSI F 'w,. , 264 A Division of Giazcon Industries, Inc. 79919 Country Club Drive Bermuda Dunes, CA 92203 Phone: (760) 360-2800 Bill To: Judy Sherwood La Quinta, CA 92253 IaaVvaa.o%-0 Customer No.. SHE0311 Invoice No.: 135056 Ship To: Judy Sherwood Window Reglaze 3/4 Cir Low-e, Or Air 1 1-21-1/4 x 55-1/4 La Quinta, CA 92253 Invoice subtotal 261.27 Sales tax @ 8.750% 10.37 Invoice total 271.64 Less payments received 271.64 Net balance due 0.00 Thank you for choosing Henry's Glass Company ....Since 1968! Thank You �. 26a My name is Judy Sherwood. I bought a house 1 year ago in the Cove. I'm a very part time resident, being here only 4 weeks during the year. The reason I'm here today is to tell the city of LQ that it needs to stop posting notices for code violations when either personal service or mail service is in fact what the municipal code calls for. On Wed., March 4 a city inspector discovered that my garbage can was in sight. It wasn't on the street or in the driveway. It was next to the side of my garage, as far from the street as possible, but it was visible. I'm not here to argue about your trash can policy which I think goes way beyond what needs to be done. He decided that since he couldn't talk to me in person (I was 500 miles away), he'd post a notice on my garage door. I think that is a very reckless and dangerous method of telling me I've violated a code. It tells any would-be burglar that he is free to enter the house and do whatever he wants. That is precisely what happened to me. On March 6 a burglar attempted to enter my house. He was scared off by my alarm system but he broke a custom made window which cost $271.00 to be replaced and he took 2 screens whose cost of replacement I don't yet know. I fully expect the City Of LQ to pay for the costs of his attempted break-in. Section 1.01.300 of your municipal code talks about the service of notices when you're not in compliance with a code. It says the notice may be given either by personal delivery to the person to be notified, or by deposit in the US mail. There is no mention of the posting of any notice. I spoke with your city attorney yesterday and he informed me that the trash can violation is actually a "public nuisance" and therefore notification of this code infraction must be done according to section 11.72.050, Abatement of Public Nuisances. Now, there's a long list of public nuisances in your section 11.72.030, but the trash can rules aren't cited there. They are cited in section 6.04.050, G. But, let's look at your rules in the section dealing with the Abatement of Public Nuisances. First, it says the posted notice shall read "Notice of Public Nuisance". My notice clearly doesn't say that. Regarding the service of the notice, it must be either by personal service, or certified mail, or posting of the notice in a conspicuous place in addition to personal service or notice by certified mail. Well, my notice was definitely in a conspicuous place but it certainly wasn't given to me in person (I live 500 miles away) or accompanied by a certified letter. No matter what section of your code you look at (either Section 1.01.300 or 11.72.02'0) you violated your own laws in posting a notice on my garage door. 5- Your attorney told me that "most people" want notices, as though that justifies the posting of a notice on my garage door! Well, I'm definitely not one of those people — I live 500 miles away so what earthly good is a notice going to do me? I believe your policy of leaving notices for code violations is dangerous. It is simply an advertisement to would-be burglars that is this home is vacant, come right in! Your policy must be stopped. 266 a •� o� QUM& `c`k OF TNQO COUNCIL/RDA MEETING DATE: .tune 16, 2009 ITEM TITLE: Consideration of a Resolution Adopting Investment Policy of the City of La Quinta for Fiscal Year 2009-2010 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Investment Policy of the City of La Quinta for Fiscal Year 2009-2010. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Government Code Section 53646 imposes certain reporting requirements on State and local agencies. Specifically, the Code Section requires, in part, that the treasurer of a local agency submit an annual statement of investment policy to the legislative body. As a result of this reporting requirement, in March of 2009 the Investment Advisory Board (IAB) began the process of updating the City's Investment Policy to conform to this legislative requirement. At the start of this process, the Investment Advisory Board believed that only minor changes were needed to the Fiscal Year 2009-2010 Investment Policy since a major update was done last year. �» 267 The following Policy changes to the document are proposed as follows and as outlined in Attachment 1: • Increase FDIC Coverage to $250,000. • The City is also permitted to invest in commercial paper and corporate notes issued under the FDIC Temporary Liquidity Guarantee Program subject to other limitations set forth in the Investment Policy. On June 10, 2009, the Investment Advisory Board met with the City Manager, City Attorney and City Treasurer to review the proposed Investment Policy. The IAB recommended the Fiscal Year 2009-2010 Investment Policy on a 4 ayes- 0 nays- 1-absent vote and has been presented in both a final version (Attachment 2) and a strikeout version (Attachment 3). Chairman Ross plans to attend the City Council meeting and will be available to answer questions. The general purpose of the City's Investment Policy is to provide the rules and standards the City must follow when investing the City of La Quinta's public funds. It is the City of La Quinta's policy to invest all public funds in a manner which will provide a diversified portfolio with maximum security while meeting daily cash flow demands and the highest investment return in conformity with all State and local statutes. This Policy applies to all cash and investments of the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Financing Authority, hereafter referred to as the "City." The primary objectives of the City's investment activity in order of priority shall be: • Safety of principal; • Liquidity to meet all of the City's obligations and requirements that may be reasonably anticipated; • A risk -based market rate of return. It is understood that all investments shall be made with judgment and care, under circumstances then prevailing, by persons with prudence, discretion, and intelligence acting as they would in the management of their own affairs, not for speculation, but for investment, as well as considering the probable safety of their capital and the probable income to be derived. As noted in the policy, authority to manage the City's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The Treasurer is required to establish and implement a system of internal controls to maintain the safety of the portfolio. The internal control system will also '"'" 268 2 ensure the timely preparation and accurate reporting of the portfolio financial information. As part of the annual audit of the City's financial statements, the independent auditor reviews the adequacy of those controls and advises the City if weaknesses are found. NGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council approving the Investment Policy for Fiscal Year 2009-2010; or 2. Adopt a Resolution of the City Council approving the Investment Policy with changes for Fiscal Year 2009-2010; or 3. Do not adopt a Resolution of the City Council approving the Investment Policy for Fiscal Year 2009-2010; or 4. Provide staff with alternative direction. Respectfully �submitteGd,, John M. Falconer, Finance Director/ Treasurer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Executive Summary of Proposed Changes 2. Proposed Investment Policy — Final Version 3. Proposed Investment Policy — Strike Out Version 269 3 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2009-2010 WHEREAS, the general purpose of the Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta; and WHEREAS, the primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. .Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. WHEREAS, authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy for Fiscal Year 2009-2010; and WHEREAS, the Investment Policy will be adopted before the end of June of each year and amended as considered necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta to adopt the Fiscal Year Investment Policy (Exhibit A). �... 271 Resolution No. 2009- Investment Policy Adopted: June 16, 2009 Page 2 of 8 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this day of 2009 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: 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 272 Resolution No. 2009- Investment Policy Adopted: June 16, 2009 Page 3 of 8 Exhibit A (TO BE ATTACHED) «.• 273 ATTACHMENT 1 PAGE EXECUTIVE SUMMARY 8, 17 Increase FDIC Coverage to $250,000 10 The City is also permitted to invest in commercial paper issued under the FDIC Temporary Liquidity Guarantee Program subject to the aforementioned commercial paper limitations 11 The City is also permitted to invest in corporate notes issued under the FDIC Temporary Liquidity Guarantee Program subject to the aforementioned corporate note 274 0 ATTACHMENT 2 CITY OF LA QUINTA Investment Policy Fiscal Year 2009/2010 Table of Contents Section Topic page Executive Summary 2 1 General Purpose 4 II Investment Policy 4 III Scope 4 IV Objectives 4 ► Safety of Principal ► Provide Liquidity ► Yield A Risk -Based Market Rate Of Return V Maximum Maturities 6 VI Prudence 6 VII Authority 7 VIII Ethics and Conflicts of Interest 7 IX Authorized Financial Dealers and Institutions 7 ► Broker/Dealers ► Financial Institutions X Permissible Deposits and Investments 8 XI Investment Pools 12 XII Payment and Custody 12 XIII Interest Earning Distribution Policy 12 XIV Internal Controls and Independent Auditors 13 XV Reporting Standards 14 XVI Financial Assets and Investment Activity Not Subject to this Policy 14 XVII Investment of Bond Proceeds 15 XIII Investment Advisory Board - City of La Quinta 15 XIX Investment Policy Adoption 16 Appendices Topic Page A Summary of Permissible Deposits and Investments 17 B City of La Quinta Municipal Code Ordinance 2.70 - Investment Advisory Board 19 C City of La Quinta Municipal Code Ordinance 3.08 - Investment of Moneys and Funds20 D Segregation of Major Investment Responsibilities 22 E Listing of Approved Financial Institutions 23 F Broker/Dealer Questionnaire and Certification 24 G Request for Proposal for Professional Portfolio Management Firm 28 H Permissible Investment Chart - Professional Portfolio Management Firm 34 1 Investment Management Process and Risk 35 J Glossary 36 �... 275 270 CITY OF LA QUINTA Investment Policy Fiscal Year 2009/2010 Executive Summary The general purpose of this Investment Policy is to provide the rules and standards that must be followed in administering the City of La Quinta's deposits and investments. The City's Investment Policy conforms to all state and local statutes and applies to all deposits and investments of the City of La Quinta, City of La Quinta Redevelopment Agency, and the City of La Quinta Financing Authority (the"City"). It is the City's policy to deposit and invest public funds in a manner that shall provide: ► Safety of principal; ► Liquidity to meet all of the City's obligations and requirements that may be reasonably anticipated; ► A risk -based market rate of return. It is the City's policy to hold securities and other investments until maturity. This buy -and -hold policy shall not prevent the sale of a security to minimize loss of principal when an issuer or backer suffers declining credit worthiness or when the liquidity needs of the portfolio require that a security be sold. Authority to manage the City's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The Treasurer shall establish and implement a system of internal controls to accomplish the following objectives: ► Safeguard assets; ► The orderly and efficient conduct of its business, including adherence to all City management policies; ► Prevention or detection of errors and fraud; ► The accuracy and completeness of accounting records; ► Timely preparation of reliable financial information. The System of Internal Controls developed by the City Treasurer shall be reviewed annually by the independent auditors in connection with the annual audit of the City's Financial Statements. The City Manager, Assistant City Managers, City Treasurer and city employees involved in the City's banking and investment process shall conduct the City's business in an ethical manner and refrain from any activity or relationship that may be, or have the appearance of, a conflict of interest. The City Treasurer maintains a listing of financial institutions which are approved for investment purposes. All Broker/Dealers and financial institutions that provide investment services will be subject to City Council approval. The Treasurer will be permitted to invest only in the permissible deposits and investments described in Section X and Appendix A up to the specified maximum allowable percentages 2 ,„..... 277 and/or dollar limitations and, where applicable, through the bid process requirements. Permissible deposits and investments include, in general: ► FDIC -Insured Checking, Savings, and Sweep Accounts; ► Certificates of Deposit; ► U.S. Government Agency Securities and Federal Government Securities; ► Prime Commercial Paper; ► Local Agency Investment Fund (LAIF); ► Money Market Mutual Funds; ► Corporate Notes; ► Professionally Managed Accounts. The City's deposits and investments are generally limited to three years' maximum maturity. However, the projected amount of funds not expected to be disbursed within five years may be invested in U.S. Treasury bills, notes and bonds maturing between three and five years. The City's Investment Policy does not specify a single benchmark as a goal or target yield for a rate of return on its investment portfolio. As a basis for comparison only, the Treasurer's monthly report will display the rates of return on the three-month, six-month, and one-year U.S. Treasury Bill, comparable -period rates for commercial paper, and the yield for the State Treasurer's Local Agency Investment Fund (LAIF). The Investment Policy shall be adopted by resolution of the La Quinta City Council on an annual basis. The Investment Policy will be adopted before the end of June of each year. This Executive Summary is only an overview of the City's Investment Policy. Reading this summary does not constitute a complete review, which can only be accomplished by reviewing all of the pages herein. s 278 City of La Quinta Statement of Investment Policy July 1, 2009 through June 30, 2010 Adopted by the City Council on June 16, 2009 GENERAL PURPOSE The general purpose of this document is to provide the rules and standards that must be followed in administering the City of La Quinta's deposits and investments. II INVESTMENT POLICY It is the policy of the City of La Quinta to deposit and invest public funds in a manner that shall provide: ➢ Safety of principal; ➢ Liquidity to meet all of the City's obligations and requirements that may be reasonably anticipated; ➢ A risk -based market rate of return. The Investment Policy conforms to all State and local statutes governing the investment of public funds and sets forth the permissible deposits and investments of the City's funds and the limitations thereon. III SCOPE Except as further detailed in Section XVII, this Investment Policy applies to all deposits and investments of the City of La Quinta, City of La Quinta Redevelopment Agency and the City of La Quinta Financing Authority (hereafter referred to in this document as the "City"). These funds are reported in the City's Comprehensive Annual Financial Report (CAFR) and include all funds within the following fund types: ► General ► Special Revenue ► Capital Projects ► Debt Service ► Enterprise ► Internal Service ► Trust and Agency ► Any new fund types and fund(s) that may be created IV OBJECTIVES The objectives of the City's investment activity, in order of priority and importance, are: 1. Safety of Principal Safety of principal is the foremost objective of the City's investment program. 4 279 Investments shall be undertaken in a manner that seeks to ensure the preservation of principal of the overall portfolio in accordance with the permissible deposits and investments. The City shall endeavor to preserve its investment principal by making only permissible deposits and investments, undertaken in a controlled manner to minimize the possibility of loss or misappropriation through malfeasance or otherwise. Investments not backed by the full faith and credit of the United States Government shall be diversified by allocating assets between different types of permissible investments, maturities, and issuers as a means to mitigate credit risk and interest rate risk. A. Credit Risk is the risk of loss from the failure of the security issuer or backer. Credit risk may be mitigated by: ► Limiting investments to investment grade securities as permitted in Section X; ► Diversifying the issuers of the securities in the investment portfolio so that potential losses due to issuer failure or individual securities downgrades may be minimized. B. Interest Rate Risk is the risk that market values of securities in the portfolio will decline due to changes in general interest rates. Interest rate risk may be mitigated by: ► Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and ► Investing operating funds primarily in shorter -term securities. C. Liquidity Risk is the risk that a security cannot be liquidated because of its unique features or structure or because it is thinly traded. Liquidity risk is not a material issue for the City's portfolio because of the permissible deposits and investments (see Section X) and because the City maintains a buy -and -hold policy and holds securities and other investments to maturity. A discussion of the City's investment process and risk is presented in Appendix I. 2. Provide Liquidity The investment portfolio shall remain sufficiently liquid to meet all of the City's cash needs that may be reasonably anticipated. This is accomplished by structuring the portfolio so that sufficient liquid funds are available to meet anticipated demands. Furthermore, since all possible cash needs cannot be anticipated the portfolio should be diversified and consist of securities with active secondary or resale markets. The City's policy is to hold securities and other investments to maturity. Accordingly, securities shall not be sold prior to maturity with the following exceptions: ► A security with declining credit quality can be sold early to minimize loss of principal; ► Unanticipated liquidity needs of the portfolio require that one or more securities be sold. 5 280 3. Yield A Risk -Based Market Rate Of Return The City's investment portfolio shall be structured with the objective of yielding a risk - based market rate of return throughout budgetary and economic cycles. Return on investment is less important than the safety and liquidity objectives described above. The City's Investment Policy does not specify a single benchmark as a goal or target yield for a rate of return on its investment portfolio. The portfolio's rates of return will be influenced by several factors, including actions by the Federal Reserve Board, the marketplace, and overall economic perceptions and conditions. These factors will not affect yield during the securities' holding period because the City's buy -and -hold policy fixes the securities' yield at the time of purchase. As a basis for comparison only, the Treasurer's monthly report will display the rates of return on the three-month, six-month, and one-year U.S. Treasury Bill, comparable -period rates for commercial paper, and the yield for the State Treasurer's Local Agency Investment Fund (LAIF). The Treasurer may use these or any other published rates of return that the Treasurer deems appropriate for comparison to the return on the City's investment portfolio. V MAXIMUM MATURITIES It is the City's policy to hold securities and other investments until maturity, thus avoiding the risk of market value fluctuations with overall market interest rates. This buy -and -hold policy shall not prevent the sale of a security to minimize loss of principal when an issuer or backer suffers declining credit worthiness or when the liquidity needs of the City require that a security be sold. The buy -and -hold policy requires that the City's investment portfolio be structured so that sufficient liquid funds are available from maturing investments and other sources to meet all reasonably -anticipated cash needs. To meet anticipated cash needs, it is essential that the Treasurer have reliable, diligently prepared cash flow projections. Annually, the Treasurer shall project the amount of funds not expected to be disbursed within five years. For FY 2009/2010, the amount of such funds is projected to be $8 million. Funds up to that amount may be invested in U.S. Treasury bills, notes and bonds maturing between 3 and 5 years. For all other funds, investments are limited to three years maximum maturity,with no more than 25% of surplus funds invested in maturities exceeding two years and less than three years. VI PRUDENCE The City shall follow the Uniform Prudent Investor Act as adopted by the State of California in Probate Code Sections 16045 through 16054. Section 16053 sets forth the terms of a prudent person which are as follows: "Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the professional management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." 6 281 VII AUTHORITY Authority to manage the City's investment portfolio is derived from sections 35607 and 35608 of City Ordinance 3.08.010. Management responsibility for the investment program is delegated to the City Treasurer for a period of one year pursuant to the City Council's annual adoption of the Investment Policy. The City Treasurer shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include reference to safekeeping, wire transfer agreements, banking service contracts, and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City Manager or an Assistant City Manager shall acknowledge in writing all purchases and sales of investments prior to their execution by the City Treasurer. VIII ETHICS AND CONFLICTS OF INTEREST The City Manager, Assistant City Managers, City Treasurer and city employees involved in the City's banking and investment process shall conduct the City's business in an ethical manner and refrain from any activity or relationship that may be, or have the appearance of, a conflict of interest. Any questionable activity or relationship shall be reported immediately and in compliance with the procedures set forth in Section 1.40 — Conflicts of Interest and Acceptance of Gifts and other Gratuities of the City of La Quinta Personnel Manual. Reporting must be made in accordance with the personnel policies of the City and, until resolved, the officer or employee shall refrain from participating in the City's business related to the matter. The City Manager, Assistant City Managers, City Treasurer and city employees may conduct personal business with banks, brokers, and other financial institutions that are authorized to conduct business with the City provided that the terms of the activity to the accountholder with the City are the same as those that are available to the public in general. IX AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City Treasurer maintains a listing of financial institutions which are approved for direct investment purposes. In addition a list will also be maintained of approved broker/dealers selected by credit worthiness, who maintain an office in the State of California. Broker/Dealers who desire to become bidders for direct investment transactions must supply the City with the following: ► Current audited financial statements; ► Proof of Financial Industry Regulatory Authority (FINRA) Certification; ► Trading resolution; ► Proof of California registration; ► Resume of Financial broker; and ► Completion of the City of La Quinta Broker/Dealer questionnaire (see Appendix F) which contains a certification of having read the City's Investment Policy. 282 7 .. The City Treasurer shall evaluate the documentation submitted by the broker/dealer and independently verify existing reports on file for any firm and individual conducting investment related business. The City Treasurer will also contact the following agencies during the verification process: ► Financial Industry Regulatory Authority (FINRA) Public Disclosure Report File (1- 800-289-9999). ► State of California Department of Corporations (1-916-445-3062). The City Treasurer maintains a listing of financial institutions which are approved for investment purposes. All Broker/Dealers and financial institutions that provide investment services will be subject to City Council approval. Each securities dealer shall provide monthly and quarterly reports filed pursuant to U.S. Treasury Department regulations. Each mutual fund shall provide a prospectus and statement of additional information. 2. Financial Institutions will be required to meet the following criteria in order to receive City funds for deposit or investment (see Appendix E, "Listing of Approved Financial Institutions"): A. Insurance - Public Funds shall be deposited only in financial institutions having accounts insured by the Federal Deposit Insurance Corporation (FDIC). B. Collateral - The amount of the City's deposits or investments not insured by the FDIC —shall be collateralized by securities with market values of 110%, or by mortgages with market values 150%, of the amount of invested funds plus unpaid interest earnings. C. Disclosure - Each financial institution maintaining invested funds in excess of the FDIC insured amount shall furnish the City a copy of the most recent Call Report. The City shall not invest in excess of the FDIC insured amount in banking institutions which do not disclose to the city a current listing of securities pledged for collateral ization in public monies. X PERMISSIBLE DEPOSITS AND INVESTMENTS Permissible deposits and investments are summarized below. A more comprehensive list is included in Appendix A. Permissible Investments and Limitations (See Appendix A for Additional Information) Maximum Allocation Maximum Maturity Restrictions Current/ Sweep Account: Checking & Savings Accounts FDIC Insured & Sweep Accounts 85% Portfolio On Demand U.S. Treasuries and/or LSE's <= $250,000, Certificates of Deposit 60% Portfolio 3 Years including interest per institution 8 .... 283 Permissible Investments and Limitations Maximum Maximum (See Appendix A for Additional Information) Allocation Maturity Restrictions U.S. Treasury Bills, Notes and Bonds, and Government National 100% Portfolio 3 Years `'$8.0000,000 Mortgage Association (GNMA) Securities maturing 3-5 Yrs U.S. Government Agency Securities and Federal Government Securities (except collateralized mortgage obligations (CMO's) or structured notes which contain embedded rate options): - Federal National Mortgage Association (FNMA) $20,000,000 3 Years - Federal Home Loan Bank Notes & Bonds (FHLB) $25,000,000 3 Years - Federal Farm Credit Bank (FFCB) $30,000,000 3 Years - Federal Home Loan Mortgage Corporation (FHLMC) $20,000,000 3 years Prime Commercial Paper including Temporary Liquidity Guarantee 15% Portfolio 90 Days $5,000,000 per Program (TLGP) issuer maximum. Local Agency Investment Fund (LAIF) 30% Portfolio Current / $40 million On Demand per account. Money market mutual funds regulated by the SEC that consist only of US 20% Portfolio Current / Maintain $1 per Treasury Securities or GSE's and maintain a par value of $1 per share On Demand share par value Corporate Notes including Temporary Liquidity Guarantee Program $5,000,000 max (TLGP) 10% 3 Years per issuer, AA rated or better. Requires Professionally Managed Account 10% 3 Years City Council - Approved RFP 1 . Checking, Savings, and Sweep Accounts — The City will only maintain checking, savings, and sweep accounts with FDIC insured financial institutions. As authorized by the City Council, a U.S. Treasury and/or U.S. Agency Securities Money Market Sweep Account with a $50,000 target balance may be maintained in conjunction with the checking account. 2. Certificates of Deposit - As authorized in Government Code Section 53649, Certificates of Deposit are fixed term investments which are required to be collateralized from 1 10% to 150% depending on the specific security pledged as collateral in accordance with Government Code Section 53652. There are no portfolio limits on the amount or maturity for this investment vehicle. Collateral izatioIII will be required for Certificates of Deposits in excess of the FDIC insured amount. The type of collateral is limited to City authorized investments. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateralization policies must be supplied to the City and retained by the City Treasurer as follows: A. Certificates of Deposits Insured by the FDIC: The City Treasurer may waive collateralization of a deposit that is federally insured. B. Certificates of Deposit in excess of FDIC Limits: The amount not federally insured shall be 110% collateralized securities or 150% mortgages market value of that amount of invested funds plus unpaid interest earnings. The City's Investment Policy limits the percentage of Certificates of Deposit to 60% of the portfolio. 9 284 ➢ The City does not allow investments in CDAR's or negotiable (secondary market) certificates of deposit. 3. U.S. Treasury Bills, Notes, and Bonds and Government National Mortgage Associations (GNMA) securities — The City may invest in U.S. Treasury bills, notes, and bonds, and GNMA securities directly issued and backed by the full faith and credit of the U.S. Government. The City's Investment Policy limits investments in U.S. Treasury issues and GNMA's to 100% of the portfolio. ➢ The City's Investment Policy does not allow investments in local and state indebtedness. 4. U.S. Government Agency Securities and Federal Government Securities — The City may invest in securities issued by U.S. Government instrumentalities and agencies (commonly referred to as government sponsored enterprises or GSE's). These securities are not backed by the full faith and credit of the U.S. Government. Publicly owned GSE's include Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC) and Student Loan Marketing Association (SLMA). Non -publicly owned GSE's include the Federal Home Loan Bank (FHLB), Federal Farm Credit Bank (FFCB), Federal Land Bank (FLB) and Federal Intermediate Credit Bank (FICB). The City's Investment Policy allows investment only in securities of FNMA, FHLMC, FHLB and FFCB. For Fiscal Year 2009/2010, the maximum face amount per issuer is $20 million for FNMA and FHLMC, $25 million for FHLB and $30 million for FFCB. In addition, no more than 30% of the portfolio surplus may be invested in all GSE's combined with a maximum $10 million face amount per purchase. 5. Prime Commercial Paper - As authorized in Government Code Section 53601(g), a portion of the City's portfolio may be invested in commercial paper of the highest rating (A-1 or P- 1) as rated by Moody's or Standard and Poor's. There are a number of other qualifications regarding investments in commercial paper based on the financial strength of the corporation and the size of the investment. The City's Investment Policy permits investments in commercial paper with the following limitations: A. Maximum 15% of the portfolio. B. Maximum maturity of 90 days. C. Maximum of $5 million per issuer. These limitations are more restrictive than the State code allowed amounts of 25% of the total portfolio with maturities up to 270 days with no per -issuer limitations. The City is also permitted to invest in commercial paper issued under the FDIC Temporary Liquidity Guarantee Program subject to the aforementioned commercial paper limitations. 6. State Treasurer's Local Agency Investment Fund (LAIF) - As authorized in Government Code Section 16429.1 and by LAIF procedures, local government agencies are each authorized to invest a maximum of $40 million per account in this investment program administered by the California State Treasurer. The City's investment in LAIF is allowable as long as the average maturity of its investment portfolio does not exceed two years, unless specific approval is authorized by the City Council. The City has two accounts with LAIF and limits investment to 30% of the portfolio. 10 285 7. Money Market Mutual Funds - As authorized in Government Code Section 53601(k), local agencies are authorized to invest in shares of beneficial interest issued by diversified management companies (mutual funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of other qualifications and restrictions regarding allowable investments in corporate notes and shares of beneficial interest issued by mutual funds which include (1) attaining the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or (2) having an investment advisor registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations and with assets under management in excess of five hundred million dollars ($500,000,000). The City's Investment Policy only allows investments in mutual funds that are money market funds maintaining a par value of $1 per share that invest in direct issues of the U.S. Treasury and/or US Agency Securities with an average maturity of their portfolio not exceeding 90 days and the City limits such investments to 20% of the portfolio. 8. Corporate Notes - As authorized in Government Code Section 53601 (j), local agencies may invest in corporate notes. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any other state and operating in the United States. The City's Investment Policy allows investment in corporate notes authorized by the Government Code with the following limitations: ► Maturities shall not exceed three years from date of purchase. ► Eligible notes shall be regularly quoted and traded in the marketplace. ► Eligible notes shall be rated "AA"or better. ► Total investment shall not exceed 10% of the portfolio, and ► The maximum aggregate investment shall not exceed $5 million face amount for each issuer. This is more restrictive than the State code allowed amounts of 30% of the total portfolio with maturities up to five years with no per -issuer limitations. The City is also permitted to invest in corporate notes issued under the FDIC Temporary Liquidity Guarantee Program subject to the aforementioned corporate note limitations. 9. Professionally Managed Account(s) - The City Treasurer may place up to 10% of the portfolio with a professional portfolio management firm ("PPMF"). The PPMF will be approved by the City Council based upon the City Treasurer's recommendation pursuant to completion of a request for proposal (RFP) as outlined in Appendix G. The PPMF shall have: (a) An established professional reputation for asset or investment management; (b) Knowledge and working familiarity with State and Federal laws governing and restricting the investment of public funds; (c) Substantial experience providing investment management services to local public agencies whose investment policies and portfolio size are similar to those of the City; (d) Professional liability (errors and omissions) insurance and fidelity bonding in such amounts as are required by the City; (e) Registration with the Securities and Exchange Commission under the Investment Advisers Act of 1940. 11 286 Before engagement by the City and except as may be specifically waived or revised, the PPMF shall commit to adhere to the provisions of the City's Investment Policy with the following exceptions: (f) The PPMF may be granted the discretion to purchase and sell investment securities in accordance with Appendix I of this Investment Policy; (g) The PPMF is not required to adhere to the buy -and -hold policy of the City's Investment Policy, and; (h) The PPMF does not need City Manager or City Treasurer approval to make permissible investments as detailed in column 8 of Appendix H of this Investment Policy. XI INVESTMENT POOLS There are three (3) types of investment pools: ► State -run pools (e.g., LAIF); ► Pools that are operated by a political subdivision where allowed by law and the political subdivision is the trustee (e.g., County Pools); ► Pools that are operated for profit by third parties. The City's Investment Policy permits investment only in pools authorized in Section X. XII PAYMENT AND CUSTODY The City shall engage qualified third party custodians to act in a fiduciary capacity to maintain appropriate evidence of the City's ownership of securities and other eligible investments. Such custodians shall disburse funds, received from the City for a purchase, to the broker, dealer or seller only after receiving evidence that the City has legal, record ownership of the securities. Even though ownership is evidenced in book -entry form rather than by actual certificates, this procedure is commonly accepted as the delivery versus payment (DVP) method for the transfer of securities. XIII INTEREST EARNING DISTRIBUTION POLICY Interest earnings are generated from pooled investments and specific investments. 1 . Pooled Investments - It is the general policy of the City to pool all available operating cash of the City of La Quinta, La Quinta Redevelopment Agency and La Quinta Financing Authority and allocate interest earnings, in the following order, as follows: A. Payment to the General Fund of an amount equal to the total annual bank service charges as incurred by the general fund for all operating funds as included in the annual operating budget. B. Payment to the General Fund of a management fee equal to 5% of the annual pooled cash fund investment earnings. 12 287 C. Payment to each fund of an amount based on the average computerized daily cash balance included in the common portfolio for the earning period. 2. Specific Investments - Specific investments purchased by a fund shall incur all earnings and expenses to that particular fund. XIV INTERNAL CONTROLS AND INDEPENDENT AUDITOR The City Treasurer shall establish a system of internal controls to accomplish the following objectives: ► Safeguard assets; ► The orderly and efficient conduct of its business, including adherence to management policies; ► Prevention or detection of errors and fraud; ► The accuracy and completeness of accounting records; and ► Timely preparation of reliable financial information. While no internal control system, however elaborate, can guarantee absolute assurance that the City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable assurance that management of the investment function meets the City's objectives. The internal controls shall address the following: 1. Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. 2. Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 3. Custodial safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by State Law) shall be placed with an independent third party for custodial safekeeping. 4. Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. 5. Clear delegation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities as outlined in the Segregation of Major Investment Responsibilities appendices. 6. Written confirmation or telephone transactions for investments and wire transfers. Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions shall be supported by written communications or electronic confirmations and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. Fax correspondence must be supported by evidence of verbal or written follow-up. 13 .... 288 7. Development of a wire transfer agreement with the City's bank and third party custodian. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. The System of Internal Controls developed by the City, shall be reviewed annually by the independent auditor in connection with the annual audit of the City's Financial Statements. The independent auditor's letter on internal control over financial reporting and compliance as it pertains to cash and investments, if any, shall be directed to the City Manager who will direct the City Treasurer to provide a written response to the independent auditor's letter. The auditor's letter, as it pertains, to cash and investment activities and the City Treasurer's response shall be provided to the City's Investment Advisory Board for their consideration. Following the completion of each annual audit, the independent auditor shall meet with the Investment Advisory Board and discuss the auditing procedures performed and the review of internal controls for cash and investment activities. See Appendix D, "Segregation of Major Investment Responsibilities." XV REPORTING STANDARDS The City Treasurer shall submit a monthly Treasurers Report to the City Council and the Investment Advisory Board that includes all cash and investments under the authority of the Treasurer. The Treasurer's Report shall summarize cash and investment activity and changes in balances and include the,following: ► A certification by the City Treasurer. ► A listing of purchases and sales/maturities of investments. ► Cash and Investments categorized by authorized investments, except for LAIF which will be provided quarterly and show yield and maturity. ► Comparison of month end actual holdings to Investment Policy limitations. ► Current year and prior year monthly history of cash and investments for trend analysis. ► Balance Sheet. ► Distribution of cash and investment balances by fund. ► A comparison of actual and surplus funds. ► A year to date historical cash flow analysis and projection for the next six months. ► A two-year list of historical interest rates. XVI FINANCIAL ASSETS AND INVESTMENT ACTIVITY NOT SUBJECT TO THIS POLICY The City's Investment Policy does not apply to the following: ► Cash and Investments raised from Conduit Debt Financing; ► Funds held in trust in the City's name in pension or other post -retirement benefit programs; ► Cash and Investments held in lieu of retention by banks or other financial institutions for construction projects; 14 289 ► Short or long term loans made to other entities by the City or Agency; and Short term (Due to/from) or long term (Advances from/to) obligations made either between the City and its funds or between the City and Agency. XVII INVESTMENT OF BOND PROCEEDS The City's Investment Policy shall govern bond proceeds and bond reserve fund investments. California Code Section 5922 (d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions which shall be structured in accordance with the City's Investment Policy. Arbitrage Requirement - The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations as required and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law. These arbitrage calculations may be contracted with an outside source to provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations. The City's investment position relative to the new arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is the City's position to continue maximization of yield and to rebate excess earnings, if necessary. XVIII INVESTMENT ADVISORY BOARD - CITY OF LA QUINTA The Investment Advisory Board (IAB) is a standing board composed of five members from the public that are appointed by the City Council. Background information will be requested and potential candidates must agree to a background check and verification. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each board member will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the board. All board members shall report annually to the City Clerk on Form 700, Statement of Economic Interests, any activities, interests, or relationships that may be, or have the appearance of, a conflict of interest. The IAB must meet at least quarterly, but usually meets monthly, to: 1. Review at least annually the City's Investment Policy and recommend appropriate changes; 2. Review monthly treasury report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; 3. Receive and consider other reports provided by the City Treasurer; 4. Meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls and findings for cash and investment activities, and; 5. Serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. The IAB will report to the City Council after each meeting either in person or through correspondence at a regular City Council meeting. See Appendix B: "Investment Advisory Board Provisions". 15 290 XIX INVESTMENT POLICY ADOPTION The City's Investment Policy will be reviewed annually by the City's Investment Advisory Board and the City Treasurer. The Investment Advisory Board will forward the Investment Policy with any revisions to the City Manager and City Attorney for their review and comment. A joint meeting will be held with the Investment Advisory Board, City Manager, City Attorney, and City Treasurer to review the Investment Policy and any comments prior to submission to the City Council for their consideration. The Investment Policy shall be adopted by resolution of the City Council annually before the end of June of each year. 16 291 Q z_ -5 V Q J LL O } `•, U O d 0 42 E c O co _O N 0) l0 C N U N D_ E E X M N 0 N N j O N l0 � T c (0 z aE C C O E U) 0 X w (D m TE Z O t p 30 z � m Q o� N D d ~ O U) C C a Co �� W M C y) 0 N LLI m i (N to E U E a N «) W a `3E LL ( _ O �' J Q N c C _T E U d D 0 U) P� a �:o'O Mw N N OI 0 O C mEEN E m FT m OEX WNC C U O m C) G O 0(7 EK > j LL O Jm rn `m o 'c d w aai y'Ti •(� d E N O L X N U L F J o y `m O V t0 N N 4 W Co j c o n o y n. of i N o o O v 9 a o O N O o O c O J Q Vp O Q N 0 M O v V M � W 3 fn � v v o 0 00O o 0 0o 0o '- 0 0 JEW 0 0 0 a o a t m o0 ao ra 0 0 0 E C O o o 0 o 0 0 0 0 0 0 0 0 � � =O C 0 0 0 0 ..0. O o 0 0 0 E N C 0 a a O a 0 0 0 0 o000o D a r C C C o 0 0 o a° a a a° LL � vi o 0 NW NW MN NK 0 0 Q t00 � � O M N O O c m o y J J O O C N N j E N C a a z e W y 3 c E w` o c o S S c y In 0 Oo� mo Qv c_ 8 WU Nz=0 Ea—@ ;O C (7 CJI Z N 0- am O D O o, V a C c magi D rnm c c m g o 8E T a y -1 0rom o 0) LL NU N .N. O a� N0M U c g m0 oa IL om m NJ .-EE uo m U O E C Q a N C Q lL O) .i D 01 C: J la (n la C OI C IL N ~ YJ O U N Z C C al O Of to f0 O C J C Q .o d m zo rno� m D m a` E mN rn aa3 H .d O mm muay' o E E E = Emv m4 i ml' E M yQ ro z S LL 2 d xhL Z � m o vm >dd F � o� °�" a o az 0 o._. UC End mE U L W fn O W U, 0 I0 IL loll E m U c >`f9 a Q N U U �g DW N a`C� o`O UR` a` to 'O N m O •' N M M M y N (p 1� a` Appendix A 292 17 Appendix A (continued) 00 o� t s v C 0 N N O O V > on D 3o c m c w n 0 N D o N E E N D s o L O C N U O] C a N L N O d D 3 yz 0 y �"E c a D E a a J vaa E d m 0 c aai0 o E vi a vo cEa c J LL =Ua v N N EN ayy '" E y > ¢Dc C E y c v 0 c -0N H O v o y m v= c U p C 0 E N N O_ "O y Ci - O U C y N C E N Q 0 O N C N 10 7 C i S N °o m y m Jm rn H aEi `� `m E o v E Z d oivm rnaC so76w2 N o 8L; m V m�'N N v(vJUac wn N N J m ->•� N C C d N U C O ~ 'N' c N Q J D U N D -0 N as. O DEL L IL N > mm Nm y C UmQ q ¢�0i3 V?myv> O; j.y_. L-'w v E m e7p C W N N N J N N O. u F> 0 a �RIZ�LL(n Q RHO y- L C N > y O_ C O N m l0 O O J _ N J N a LL L 0 C N y E J K N LL m K u N v o D `0 a" O = C U Z t w N - m C O F VI N w 2 c U E t E p p c E dm= DO E,,; ~ o Un v E 0 aca wLL Uv Uw 2`o in t 00, 00 a m-mo cc v'^ v c E LUI �y 0 V 00 �. o > KN OOl c0 o Oy E 9 �0Ca v> EU n 0 m Q_ O O n I O N U J V�` NK_ C v N O D N v-y p O 6�% O C (0 m2 u em c� .0 00 -_ c and o E m m T N m y 0 V C J U O J O N 4 n m y O D < y« fn N U C G L N «_ (n .. O V C C w O > C U C O =..y T E 3 00 12 2, N pyj y 0 J U a C p J U d J 0 v¢ J C C m UO N_ N m a C a N C N O N E m C d O m y C L E m C O Eo'0 p H y UD va aLL m m D m c v �. JLL D +~ LL c O N v0 m LL N m > T au5 > O m voi E C n_ y 2 m ma m n J 'a =mQ mE -c> EEvwE uovyiUVv �w« miQ jo .Z o f a m o E c von cmi E s� a s om� N D mo E w� m 7 C D n J m E w W O N .. m N C vm Ev m mN J o a 0 aE vd ES r f o.Nm uvi- ma E 09 W Ol 0m o O fW. Ep. EN O N C i m O« ND m m m C m _ o and,n vU v m m L y p Ev U C T m C C � N N _N T' y � p m C O L N N O d E C i N N n C U m U aka U U v o O v v N i ci a� i� i`-in iL-o Yl U) s LL 293 m Appendix B City of La Quinta Municipal Code Chapter 2.70 INVESTMENT ADVISORY BOARD PROVISIONS Sections: 2.70.010 General Rules Regarding Appointment. 2.70.020 Board meetings. 2.70.030 Board functions. 2.70.010 General rules regarding appointment A. Except as set out below, see Chapter 2.06 for General Provisions. B. The Investment Advisory Board (the "board") is a standing board composed of five (5) members from the public that are appointed by city council. C. Applicants for the board should have a background in finance, preferably with knowledge and/or experience in markets, controls and accounting for securities. Background information will be requested and potential candidates must agree to a background check and verification. D. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each board member will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the board. Such matters may include, but are not limited to, changes in employment, changes in residence, or changes in clients. E. To promote continuity, the expiration of the terms of the members of the board shall be staggered. The term of service is three years, with one or two terms expiring each year. 2.70.020 Board meetings. The Board usually will meet monthly, but this schedule may be extended to quarterly meetings upon the concurrence of the Board and the City Council. The specific meeting dates will be determined,by the Board Members and meetings may be called for on an as needed basis. 2.70.030 Board functions. A. The principal functions of the Board are: (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls, and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. B. The Board will report to the City Council after each meeting either in person or through correspondence at a regular City Council meeting. 19 •1 294 Appendix C City of La Quinta Municipal Code Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS Sections: 3.08.010 Investment of city moneys and deposit of securities. 3.08.020 Authorized investments. 3.08.030 Sales of securities. 3.08.040 City bonds. 3.08.050 Reports. 3.08.060 Deposits of securities. 3.08.070 Trust fund administration. 3.08.010 Investment of city moneys and deposit of securities. Pursuant to, and in accordance with, and to the extent allowed by, Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the city treasurer. (Ord. 2 § 1 (part), 1982) 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under any provision of state law relating to the investing of general city funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in his custody which are not required for the immediate necessities of the city and as he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 2 § 1 (part), 1982) 3.08.030 Sales of Securities. From time to time the city treasurer shall sell the securities in which city moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the city treasury. (Ord.2 § I (part), 3.08.040 City bonds. Bonds issued by the city and purchased pursuant to this chapter may be canceled either in satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided, however, .that the bonds may be held uncancelled and while so held may be resold. (Ord. 2 § 1 (part), 1982) 20 295 3.08.050 Reports. The city treasurer shall make a monthly report to the city council of all investments made pursuant to the authority delegated in this chapter. (Ord. 2 § 1 (part), 1982) 3.08.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to deposit for safekeeping, the securities in which city moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any state law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take from the institution or depository a receipt for the securities so deposited and shall not be responsible for the securities delivered to and receipted for by the institution or depository until they are withdrawn therefrom by the city treasurer. (Ord. 2 § 1 (part), 1982 3.08.070 Trust fund administration. Any departmental trust fund established by the city council pursuant to Section 36523 of the Government Code shall be administered by the city treasurer in accordance with Section 36523 and 26524 of the Government code and any other applicable provisions of law. (Ord. 2 § 1 (part), 1982) 21 296 SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES Function Develop and Recommend Modifications to City's Formal Investment Policy Review City's Investment Policy and Recommend City Council Action Adopt Formal Investment Policy Implement Formal Investment Policy Review Financial Institutions & Select Investments Acknowledge Investment Selections Execute Investment transactions Confirm Wires (if applicable) Record Investment Transactions in City's Accounting Records Investment Verification (match broker confirmation to City investment records) Reconcile Investment Records to Accounting Records and Bank Statements Reconcile Investment Records to Treasurers Report of Investments Security of Investments at City Security of Investments outside City Review Internal Control Procedures 22 Appendix D Responsible Parties Investment Advisory Board and City Treasurer City Manager and City Attorney City Council City Treasurer City Treasurer City Manager or an Assistant City Manager City Treasurer or City Manager Accounting Manager or Financial Services Assistant Accounting Manager or Financial Services Assistant City Treasurer and Financial Services Assistant Financial Services Assistant Accounting Manager Accounting Manager or Senior Secretary Third Party Custodian External Auditor 297 Appendix E LISTING OF APPROVED FINANCIAL INSTITUTIONS 1. Banking Services Wells Fargo Bank, Government Services, Los Angeles, CA 2. Custodian Services Bank of New York/Mellon, Los Angeles, CA 3. Deferred Compensation International City/County Management Association Retirement Corporation 4. Broker/Dealer Services Banc of America Securities, San Francisco, CA Morgan Stanley, San Rafael, CA CitiGroup, San Francisco, CA 5. Government Pool State of California Local Agency Investment Fund City of La Quinta Account La Quinta Redevelopment Agency 6. Bond Trustees 1991 City Hall Revenue Bonds - US Bank 1991 RDA Project Area 1 - US Bank 1992 RDA Project Area 2 - US Bank 1994 RDA Project Area 1 - US Bank 1998 RDA Project Area 1 &2 — US Bank 2001 RDA Project Area 1 — US Bank 2002 RDA Project Area 1 — US Bank 2003 RDA Project Area 1 — US Bank Assessment Districts — US Bank No Changes to this listing may be made without City Council approval 23 298 Appendix F BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of 2. Address: 3. Telephone: ( ) ( ) 4. Broker's Representative to the City (attach resume): Name: Title: Telephone: ( ) 5. Manager/Partner-in-charge (attach resume): Name: Title: Telephone: 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone: ( ) ( 1 7. Which of the above personnel have read the City's Investment Policy? B. Which instruments are offered regularly by your local office? (Must equal 100%) % U.S. Treasuries % BA's % Commercial Paper % CD's % Mutual Funds % Agencies (specify): % Repos % Reverse Repos % CMO's % Derivatives • Stocks/Equities • Other (specify): 9. References -- Please identify your most directly comparable public sector clients in our geographical area. Entity Contact 24 Entity Contact 299 Telephone () Telephone Client Since Client Since 10. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 11. Has your firm or your local office ever been subject to a regulatory or state/ federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so, explain. 12. Has a client ever claimed in writing that you were responsible for an investment loss? Yes No If yes, please provide action taken Has a client ever claimed in writing that your firm was responsible for an investment loss? Yes No If yes, please provide action taken Do you have any current or pending complaints that are unreported to FINRA? Yes No If yes, please provide action taken Does your firm have any current, or pending complaints that are unreported to FINRA? Yes No If yes, please provide action taken 13. Explain your clearing and safekeeping procedures, custody and delivery process. Who audits these fiduciary responsibilities? Latest Audit Report Date 25 300 14. How many and what percentage of your transactions failed? Last month? % $ Last year? % $ 15. Describe the method your firm would use to establish capital trading limits for the City of La Quinta. 16. Is your firm a member in the S.I.P.C. insurance program? Yes No If yes, explain primary and excess coverage and carriers. 17. What portfolio information, if any, do you require from your clients? 18. What reports and transaction confirmations or any other research publications will the City receive? 19. Does your firm offer investment training to your clients? Yes No 20. Does your firm have professional liability insurance? Yes No If yes, please provide the insurance carrier, limits and expiration date. 21. Please list your FINRA/NASD Registration Number 22. Do you have any relatives who work at the City of La Quinta? Yes No If yes, Name and Department 23. Do you maintain an office in California? Yes No 24. Do you maintain an office in La Quinta or Riverside County? Yes No 25. Please enclose the following: ► Latest audited financial statements. ► Samples of reports, transaction confirmations and any other research/publications the City will receive. ► Samples of research reports and/or publications that your firm regularly provides to clients. ► Complete schedule of fees and charges for various transactions. 'CERTIFICATION' *CERTIFICATION* 26 301 I hereby certify that I have personally read the Statement of Investment Policy of the City of La Quinta, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of La Quinta. All sales personnel will be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of La Quinta of all foreseeable risks associated with financial transactions conducted with our firm. By signing this document the City of La Quinta is authorized to conduct any and all background checks. Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Broker Representative Date Title Sales Manager and/or Managing Partner* Date Tit 27 302 Appendix G Request for Proposals Professional Portfolio Management Firm City of La Quinta, CA The City of La Quinta, CA is soliciting Requests for Proposals (RFP) from interested firms for the provision of a discretionary investment management services for City of La Quinta, CA. The portfolio to be managed of the invested assets is will be approximately 10% of the City's investment portfolio and will be invested between 0 — 3 years. The investment of City of La Quinta, CA's funds is guided by the applicable State statutes and the City of La Quinta, CA's investment policy. A copy of the investment policy is attached for your information. Questions regarding this RFP should be directed to: Name: Title: City of: Address: City, State, Zip Code Phone Number: John M. Falconer Finance Director/Treasurer La Quinta, CA P.O. Box 1504 La Quinta, CA 92247-1504 (760)777-7150 I. CRITERIA FOR EVALUATION AND SELECTION ■ Experience of the firm in providing services to public sector entities of similar size and with similar investment objectives; ■ Professional experience and qualifications of the individuals assigned to the account; ■ Portfolio management resources, investment philosophy and approach; ■ Responsiveness to the RFP, communicating an understanding of the overall program and services required; ■ Reporting capabilities; ■ Fees. II. SELECTION TIMETABLE A. [Month, Day and Year] Proposals due by [Time] PST. B. [Month, Day and Year] Proposals evaluated: to be determined C. (Month, Day and Year] [City of La Quinta, CA] [Board/Council] approves selection and awards contract. III. FORMAT FOR PROPOSALS Please format your response to this RFP in the following manner: A. Organization W. 303 Describe your organization, date founded, ownership and other business affiliations. Provide number and location of affiliated offices. Specify the number of years your organization has provided investment management service. 2. Describe your firm's revenue sources (e.g., investment management, institutional research, etc.) and comment on your firm's financial condition. 3. Within the past three years, have there been any significant developments in your organization (e.g., changes in ownership, new business ventures)? Do you expect any changes in the near future? 4. Describe any U.S. Securities and Exchange Commission (SEC) censures or litigation involving your organization, any officer, or employee at any time in the last ten years. 5. Describe the firm's fiduciary liability and/or errors and omissions insurance coverage. Include dollar amount of coverage. B. Personnel N Governmental 1. Identify the number of professionals employed by your firm by classification. 2. Provide an organization chart showing function, positions, and titles of all the professionals in your organization. 3. Provide biographical information on investment professionals that will be involved in the decision -making process for our portfolio, including number of years at your firm. Identify the person who will be the primary portfolio manager assigned to the account. 4. Describe your firm's compensation policies for investment professionals and address any incentive compensation programs. Assets Under Management 1. Summarize your institutional investment management asset totals by category for your latest reporting period in the following table: Governmental Pension Non Governmental Pension Number Operating Funds Number of Other Restrictive of Clients Clients Funds $ 29 Ncifi ApplaCBb[01 E .. 304 Corporate $ No' Ntt Applicable App)catili High Net Worth Client S Nri AppEtcable Endowmental/Foun- $ No dation i° pplctJ71e 2. Provide the number of separate accounts whose portfolios consist of operating funds. 3. List in the following table the percentage by market value of aggregate assets under all governmental accounts under management for your latest reporting period: Type of Asset U.S. Treasury securities Federal Agency obligations Corporate securities rated AAA -AA Corporate securities rated A Corporate securities rated BBB or lower Other (specify Percent by Market Value 4. Describe the procedures that your firm has in place to address the potential or actual credit downgrade of an issuer and to disclose and advise a client of the situation. 5. Provide data on account/asset growth over the past five years. Indicate the number of government accounts gained and the number of government accounts lost. 6. List your five governmental largest clients. Identify those that are exclusively operating fund relationships and/or those that are other relationships (e.g., bond fund, retirement fund). 7. Provide a copy of the firm's Form ADV, Parts I and II (including all schedules). 8. Provide proof of State of California Registration, if your firm is not eligible for SEC registration. 9. Provide a sample contract for services. 30 305 D. Philosophy/Approach 1 . Describe your firm's investment philosophy for public clients, including your firm's philosophy regarding average duration, maturity, investment types, credit quality, and yield. 2. Describe in detail your investment process, as you would apply it to City of La Quinta, CA's portfolio. 3. What are the primary strategies for adding value to portfolios? 4. Describe the process you would recommend for establishing the investment objectives and constraints for this account. 5. Describe in detail your process of credit risk management, including how you analyze credit quality, monitor credits on an ongoing basis, and report credit to governmental accounts. 6. Describe your firm's trading methodology. 7. Describe your firm's decision -making process in terms of structure, committees, membership, meeting frequency, responsibilities, integration of research ideas, and portfolio management. 8. Describe your research capabilities as they would pertain to governmental accounts. What types of analysis do you use? 9. Describe the firm's approach to managing relationships with the broker -dealer community. E. Portfolio Management 1. Are portfolios managed by teams or by one individual? 2. What is the average number of accounts handled per manager? 3. Which professional staff member will be the primary client contact for City of La Quinta, CA? 4. How frequently are you willing to meet with us? 5. Describe procedures used to ensure that portfolios comply with client investment objectives, policies, and bond resolutions. F. Fees Charged 1 . Please include a copy of your firm's fee schedule applicable to this RFP. 2. Identify any expenses that would not be covered through this fee structure and would be required in order to implement the firm's program. 31 306 3. Is there a minimum annual fee? G. Performance Reporting 1. Please report on all accounts under $100 million. 2. Please.provide performance history for governmental accounts for the last five years. 3. Please provide risk measurements for governmental accounts for the last five years. 4. Indicate whether your returns are calculated and compiled in accordance with the Association for Investment Management and Research (AIMR/CFA Institute) standards. 5. Do your reports conform to the State of California reporting standards? Are you willing to customize your reports to meet our specifications? 6. How will you notify us of investment transactions? 7. Are confirmations of investment transactions sent directly by the broker/dealer to the client? 8. Do your reports include rating information on investments which is required by GASB 40? H. References Provide a list of at least five (5) client references in California. References should be public agencies with portfolio size and investment objectives similar to City of La Quinta, CA. Include length of time managing the assets, contact name, and phone number. Insurance Requirements Exhibit A defines the insurance requirements that will need to be met prior to the [Board/Council]'s approval of any agreement for services. J. Submittal of proposals Seven (7) copies of the proposal shall be submitted in a sealed envelope bearing the caption RFP for (City of La Quinta, CA) and addressed to: City of La Quinta, CA P.O. Box 1504 La Quinta, CA 92247-1504 Attention: John M. Falconer Finance Director/Treasurer 2. Proposal must be received no later than [Time] PST on [Month, Day, and Year]. 32 307 3. Proposals should be verified before submission. The City of La Quinta, CA shall not be responsible for errors or omissions on the part of the respondent in preparation of a proposal. The City of La Quinta, CA reserves the right to reject any and all proposals, to wave any irregularities, or informalities in the proposals, and to negotiate modifications to any proposal. Enclosures: Investment Policy Treasurers Report 33 308 Appendix H a M R r` C N E 0 N C N � c d N M J N w N 0 U a 0 .o o MIL c m N N N N N 0 N N N N N N N 0 0 Z Z Z Z z z Z } — N Q N C w. R O � o` y T C U ry 0 a 0 0 0 0 0 0 0 0 0 0 0 z z z z z z z z z z z i>> i> i> 0 Zr QU N N c y � E E a a E o` o---------------- U c c c ° °c ca c 0 c c Ua z z z z z z z z z z °c z z zc --------------------- Q 0 0 O O 0 L O E « « N -O O 0 a C C C C C o 0 0 o D O 0 0 0 C 0 0 0 0 0 0 C C C C d o -opC C N e Z Z Z 2 Z N N N 0 z 0 Z 0 Z 0 Z O O m O N O O Z Z a m a m rn .E Q J « O 0 0 0 O 0 N N E2� N P i N T T N O N C 10 O UI O N N ry y X2O }}}} 0 0 0 O w O m O O d W 0 0 0 41 N g rn Z ro Z h z z Z �0 v> in m ,n u}i u}i u}i N C C N C N N o N E E c N D _4 O N pU O D OI O N N N d E E O U N C C N « O LL ¢ G) N 0 p a 0 Q rn y m Cf U N N N m O N^ O m LL i¢ C d C¢ D U a LL ry W m W U N m 0l OI N 4I ` D N¢ (O (0 y g v OI F C ``p OI f0 J Ul 70 O N U D Q N y D C 0 O a N m E C U IO U E N N r Y Z j E� O 2 A OI > C O J O o ¢ C y N U� a c N J 01 Val J m UNl U N 'O C N C O � •C � U -Rwo U m a a E� LL c m E o N U rn c m ca N y E o O D 0 N o � o. N m � d o E N N N N > O a`D m � ^ 3� 0 �o o ¢ 34 Appendix I Investment Management Process and Risk Except as provided for in Section 27000.3, Government Code Section 53600.3 declares each person, treasurer, or governing body authorized to make investment decisions on behalf of local agencies to be a trustee and therefore a fiduciary subject to the prudent investor standard. These persons shall act with care, skill, prudence, and diligence under the circumstances then prevailing when investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing funds. Section 53600.5 further stipulates that the primary objective of any person investing public funds is to safeguard principal; secondly, to meet liquidity needs of the depositor; and lastly, to achieve a return or yield on invested funds (Government Code Section 27000.5 specifies the same objectives for county treasurers and board of supervisors). Risk is inherent throughout the investment process. There is risk assigned to any investment activity as well as opportunity risk related to inactivity. Market risk is derived from exposure to overall changes in the general level of interest rates while credit risk is the risk of loss due to the failure of the insurer of a security. The market value of a security varies inversely with the level of interest rates. If an investor is required to sell an investment with a five percent yield in a comparable seven percent rate environment, that security will be sold at a loss. The magnitude of that loss will depend on the amount of time until maturity. Purchasing certain allowable securities with a maturity of greater than five years requires approval of the governing board (see Government Code Section 53601). Part of that approval process involves assessing and disclosing the risk and possible volatility of longer -term investments Another element of market risk is liquidity risk. Instruments with unique call features, special structures or those issued by little known companies are often thinly traded. Their uniqueness often makes finding prospective buyers in a secondary market more difficult and, consequently, the securities' marketability and price are discounted. However, under certain market conditions, gains are also possible with these types of securities. Default risk occurs when the borrower is unable to repay the obligation. Generally, securities issued by the federal government and its agencies are considered the most secure, while securities issued by private corporations or negotiable certificates of deposit issued by commercial banks have a greater degree of risk. Securities with additional credit enhancements, such as bankers acceptances, collateralized repurchase agreements and collateralized bank deposits are somewhere between the two on the risk spectrum. The vast majority of portfolios are managed within a buy and hold policy. Investments are purchased with the intent and capacity to hold that security until maturity. At times, market forces or operations may dictate swapping one security for another or selling a security before maturity. Continuous analysis and fine tuning of the investment portfolio are considered prudent investment management. [... I The Government Code contains specific provisions regarding the types of investments and practices permitted after considering the broad requirement of preserving principal and maintaining liquidity before seeking yield. These provisions are intended to promote the use of reliable, diverse, and safe investment instruments to better ensure a prudently managed portfolio worthy of public trust. Chapter If. Fund Management Local Agency Investment Guidelines 2007 Issued by California Debt and Investment Advisory Commission 10 35 3 Appendix J GLOSSARY (Adopted from the Municipal Treasurers Association) The purpose of this glossary is to provide the reader of the City of La Quinta investment policies with a better understanding of financial terms used in municipal investing. AGENCIES: Federal agency securities and/or Government -sponsored enterprises. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large -denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short-term unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank America, etc. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of La Quinta. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. CONDUIT FINANCING: A form of Financing in which a government or a government agency lends its name to a bond issue, although it is acting only as a conduit between a specific project and bond holders. The bond holders can look only to the revenues from the project being financed for repayment and not to the government or agency whose name appears on the bond. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its maturity when quoted at 36 .. 311 lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non -interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters. 1 FNMA's (Federal National Mortgage Association) - Like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single Provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder -owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FHLB's (Federal Home Loan Bank Notes and Bonds) - Issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies, and mortgage -lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes are issued with maturities of less than one year and interest is paid at maturity. 3. FLB's (Federal Land Bank Bonds) - Long-term mortgage credit provided to farmers by Federal Land Banks. These bonds are issued at irregular times for various maturities ranging from a few months to ten years. The minimum denomination is $1,000. They carry semi-annual coupons. Interest is calculated on a 360-day, 30 day month basis. 4. FFCB's (Federal Farm Credit Bank) - Debt instruments used to finance the short and intermediate term needs of farmers and the national agricultural industry. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten year) on a periodic basis. These issues are highly liquid. 5. FICB's (Federal Intermediate Credit bank Debentures) - Loans to lending institutions used to finance the short-term and intermediate needs of farmers, such as seasonal production. They are usually issued monthly in minimum denominations of $3,000 with a nine -month maturity. Interest is payable at maturity and is calculated on a 360- day, 30-day month basis. 6. FHLMC's (Federal Home Loan Mortgage Corporation) - a government sponsored entity established in 1970 to provide a secondary market for conventional home mortgages. Mortgages are purchased solely from the Federal home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They are issued for various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. Other federal agency issues are Small Business Administration notes (SBA's), Government National Mortgage Association notes (GNMA's), Tennessee Valley Authority notes (TVA's), and Student Loan Association notes (SALLIE-MAE's). FEDERAL DEPOSITOR INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently 37 �.... 312 pegged by the Federal Reserve through open - market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLB's is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "pass -through" is often used to describe Ginnie Maes. LAIF (Local Agency Investment Fund) - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum balance of $40,000,000 for any agency. The City is restricted to a maximum of ten transactions per month. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of making the investments, not to exceed one -quarter of one percent of the earnings. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase --reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer -lender to liquidate the underlying securities in the vent of default by the seller -borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, banker' acceptances, etc.) are issued and traded. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to RE 313 influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of all cash and securities under the direction of the City Treasurer, including Bond Proceeds. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and depositions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) -registered securities broker -dealers, banks and a few unregulated firms. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO): A repurchase agreement is a short-term investment transaction. Banks buy temporarily idle funds from a customer by selling U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal funds and the maturity of the repo. Some banks will execute repurchase agreements for a minimum of $100,000 to $500,000, but most banks have a minimum of $1,000,000. REVERSE REPURCHASE AGREEMENTS (RRP or RevRepo) - A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security"buyer" in effect lends the"seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RRP extensively to finance their positions. Exception: When the Fed is said to be doing RRP, it is lending money that is increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMAS, SLMA, etc.) And Corporations which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, derivative -based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the Shape of the yield curve. SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus funds as any money not required for immediate necessities of the local agency. The City has defined immediate necessities to be payment due within one week. TREASURY BILLS: A non -interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months or one year. TREASURY BONDS: Long-term coupon -bearing U.S. Treasury securities issued as direct 39 ,,,„ . 314 obligations of the U.S. Government and having initial maturities of more than 10 years. TREASURY NOTES: Medium -term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker -dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The Act contains the following sections: duty of care, diversification, review of assets, costs, compliance determinations, delegation of investments, terms of prudent investor rule, and application. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par of plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 40 315 ATTACHMENT 3 CITY OF LA QUINTA Investment Policy Fiscal Year 2008 09 200912010 Table of Contents Section Topic Page Executive Summary I General Purpose II Investment Policy III Scope IV Objectives ► Safety of Principal ► Provide Liquidity ► Yield A Risk -Based Market Rate Of Return V Maximum Maturities VI Prudence VII Authority VIII Ethics and Conflicts of Interest IX Authorized Financial Dealers and Institutions ► Broker/Dealers ► Financial Institutions X Permissible Deposits and Investments XI Investment Pools XII Payment and Custody XIII Interest Earning Distribution Policy XIV Internal Controls and Independent Auditors XV Reporting Standards XVI Financial Assets and Investment Activity Not Subject to this Policy XVII Investment of Bond Proceeds XIII Investment Advisory Board - City of La Quinta XIX Investment Policy Adoption Appendices Topic page A Summary of Permissible Deposits and Investments B City of La Quinta Municipal Code Ordinance 2.70 - Investment Advisory Board C City of La Quinta Municipal Code Ordinance 3.08 - Investment of Moneys and Funds D Segregation of Major Investment Responsibilities E Listing of Approved Financial Institutions F Broker/Dealer Questionnaire and Certification G Request for Proposal for Professional Portfolio Management Firm H Permissible Investment Chart — Professional Portfolio Management Firm I Investment Management Process and Risk J Glossary 1 316 CITY OF LA QUINTA Investment Policy Fiscal Year 2008 09 00912010 Executive Summary The general purpose of this Investment Policy is to provide the rules and standards that must be followed in administering the City of La Quinta's deposits and investments. The City's Investment Policy conforms to all state and local statutes and applies to all deposits and investments of the City of La Quinta, City of La Quinta Redevelopment Agency, and the City of La Quinta Financing Authority (the"City" ). It is the City's policy to deposit and invest public funds in a manner that shall provide: ► Safety of principal; ► Liquidity to meet all of the City's obligations and requirements that may be reasonably anticipated; ► A risk -based market rate of return. It is the City's policy to hold securities and other investments until maturity. This buy -and -hold policy shall not prevent the sale of a security to minimize loss of principal when an issuer or backer suffers declining credit worthiness or when the liquidity needs of the portfolio require that a security be sold. Authority to manage the City's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The Treasurer shall establish and implement a system of internal controls to accomplish the following objectives: ► Safeguard assets; ► The orderly and efficient conduct of its business, including adherence to all City management policies; ► Prevention or detection of errors and fraud; ► The accuracy and completeness of accounting records; ► Timely preparation of reliable financial information. The System of Internal Controls developed by the City Treasurer shall be reviewed annually by the independent auditors in connection with the annual audit of the City's Financial Statements. The City Manager, Assistant City Managers, City Treasurer and city employees involved in the City's banking and investment process shall conduct the City's business in an ethical manner and refrain from any activity or relationship that may be, or have the appearance of, a conflict of interest. The City Treasurer maintains a listing of financial institutions which are approved for investment purposes. All Broker/Dealers and financial institutions that provide investment services will be subject to City Council approval. The Treasurer will be permitted to invest only in the permissible deposits and investments described in Section X and Appendix A up to the specified maximum allowable percentages 2 3 and/or dollar limitations and, where applicable, through the bid process requirements. Permissible deposits and investments include, in general: ► FDIC -Insured Checking, Savings, and Sweep Accounts; ► Certificates of Deposit; ► U.S. Government Agency Securities and Federal Government Securities; ► Prime Commercial Paper; ► Local Agency Investment Fund (LAIF); ► Money Market Mutual Funds; ► Corporate Notes; ► Professionally Managed Accounts. The City's deposits and investments are generally limited to three years' maximum maturity. However, the projected amount of funds not expected to be disbursed within five years may be invested in U.S. Treasury bills, notes and bonds maturing between three and five years. The City's Investment Policy does not specify a single benchmark as a goal or target yield for a rate of return on its investment portfolio. As a basis for comparison only, the Treasurer's monthly report will display the rates of return on the three-month, six-month, and one-year U.S. Treasury Bill, comparable -period rates for commercial paper, and the yield for the State Treasurer's Local Agency Investment Fund (LAIF). The Investment Policy shall be adopted by resolution of the La Quinta City Council on an annual basis. The Investment Policy will be adopted before the end of June of each year. This Executive Summary is only an overview of the City's Investment Policy. Reading this summary does not constitute a complete review, which can only be accomplished by reviewing all of the pages herein. s 318 City of La Quinta Statement of Investment Policy July 1, 2008 2009 through June 30, 2009 2010 Adopted by the City Council on June 146, POOR 2009 GENERAL PURPOSE The general purpose of this document is to provide the rules and standards that must be followed in administering the City of La Quinta's deposits and investments. II INVESTMENT POLICY It is the policy of the City of La Quinta to deposit and invest public funds in a manner that shall provide: ➢ Safety of principal; ➢ Liquidity to meet all of the City's obligations and requirements that may be reasonably anticipated; ➢ A risk -based market rate of return. The Investment Policy conforms to all State and local statutes governing the investment of public funds and sets forth the permissible deposits and investments of the City's funds and the limitations thereon. III SCOPE Except as further detailed in Section XVII, this Investment Policy applies to all deposits and investments of the City of La Quinta, City of La Quinta Redevelopment Agency and the City of La Quinta Financing Authority (hereafter referred to in this document as the "City"). These funds are reported in the City's Comprehensive Annual Financial Report (CAFR) and include all funds within the following fund types: ► General ► Special Revenue ► Capital Projects ► Debt Service ► Enterprise ► Internal Service ► Trust and Agency ► Any new fund types and fund(s) that may be created. IV OBJECTIVES The objectives of the City's investment activity, in order of priority and importance, are: 1. Safety of Principal Safety of principal is the foremost objective of the City's investment program. 4 Investments shall be undertaken in a manner that seeks to ensure the preservation of principal of the overall portfolio in accordance with the permissible deposits and investments. The City shall endeavor to preserve its investment principal by making only permissible deposits and investments, undertaken in a controlled manner to minimize the possibility of loss or misappropriation through malfeasance or otherwise. Investments not backed by the full faith and credit of the United States Government shall be diversified by allocating assets between different types of permissible investments, maturities, and issuers as a means to mitigate credit risk and interest rate risk. A. Credit Risk is the risk of loss from the failure of the security issuer or backer. Credit risk may be mitigated by: ► Limiting investments to investment grade securities as permitted in Section X; ► Diversifying the issuers of the securities in the investment portfolio so that potential losses due to issuer failure or individual securities downgrades may be minimized. B. Interest Rate Risk is the risk that market values of securities in the portfolio will decline due to changes in general interest rates. Interest rate risk may be mitigated by: ► Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and ► Investing operating funds primarily in shorter -term securities. C. Liquidity Risk is the risk that a security cannot be liquidated because of its unique features or structure or because it is thinly traded. Liquidity risk is not a material issue for the City's portfolio because of the permissible deposits and investments (see Section X) and because the City maintains a buy -and -hold policy and holds securities and other investments to maturity. A discussion of the City's investment process and risk is presented in Appendix I. 2. Provide Liquidity The investment portfolio shall remain sufficiently liquid to meet all of the City's cash needs that may be reasonably anticipated. This is accomplished by structuring the portfolio so that sufficient liquid funds are available to meet anticipated demands. Furthermore, since all possible cash needs cannot be anticipated the portfolio should be diversified and consist of securities with active secondary or resale markets. The City's policy is to hold securities and other investments to maturity. Accordingly, securities shall not be sold prior to maturity with the following exceptions: ► A security with declining credit quality can be sold early to minimize loss of principal; ► Unanticipated liquidity needs of the portfolio require that one or more securities be sold. s �... 320 3. Yield A Risk -Based Market Rate Of Return The City's investment portfolio shall be structured with the objective of yielding a risk - based market rate of return throughout budgetary and economic cycles. Return on investment is less important than the safety and liquidity objectives described above. The City's Investment Policy does not specify a single benchmark as a goal or target yield for a rate of return on its investment portfolio. The portfolio's rates of return will be influenced by several factors, including actions by the Federal Reserve Board, the marketplace, and overall economic perceptions and conditions. These factors will not affect yield during the securities' holding period because the City's buy -and -hold policy fixes the securities' yield at the time of purchase. As a basis for comparison only, the Treasurer's monthly report will display the rates of return on the three-month, six-month, and one-year U.S. Treasury Bill, comparable -period rates for commercial paper, and the yield for the State Treasurer's Local Agency Investment Fund (LAIF). The Treasurer may use these or any other published rates of return that the Treasurer deems appropriate for comparison to the return on the City's investment portfolio. V MAXIMUM MATURITIES It is the City's policy to hold securities and other investments until maturity, thus avoiding the risk of market value fluctuations with overall market interest rates. This buy -and -hold policy shall not prevent the sale of a security to minimize loss of principal when an issuer or backer suffers declining credit worthiness or when the liquidity needs of the City require that a security be sold. The buy -and -hold policy requires that the City's investment portfolio be structured so that sufficient liquid funds are available from maturing investments and other sources to meet all reasonably -anticipated cash needs. To meet anticipated cash needs, it is essential that the Treasurer have reliable, diligently prepared cash flow projections. Annually, the Treasurer shall project the amount of funds not expected to be disbursed within five years. For FY 2008/09 200912010, the amount of such funds is projected to be $8 million. Funds up to that amount may be invested in U.S. Treasury bills, notes and bonds maturing between 3 and 5 years. For all other funds, investments are limited to three years maximum maturity, with no more than 25% of surplus funds invested in maturities exceeding two years and less than three years. VI PRUDENCE The City shall follow the Uniform Prudent Investor Act as adopted by the State of California in Probate Code Sections 16045 through 16054. Section 16053 sets forth the terms of a prudent person which are as follows: "Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the professional management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." 6 321 VII AUTHORITY Authority to manage the City's investment portfolio is derived from sections 35607 and 35608 of City Ordinance 3.08.010. Management responsibility for the investment program is delegated to the City Treasurer for a period of one year pursuant to the City Council's annual adoption of the Investment Policy. The City Treasurer shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include reference to safekeeping, wire transfer agreements, banking service contracts, and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City Manager or an Assistant City Manager shall acknowledge in writing all purchases and sales of investments prior to their execution by the City Treasurer. Vill ETHICS AND CONFLICTS OF INTEREST The City Manager, Assistant City Managers, City Treasurer and city employees involved in the City's banking and investment process shall conduct the City's business in an ethical manner and refrain from any activity or relationship that may be, or have the appearance of, a conflict of interest. Any questionable activity or relationship shall be reported immediately and in compliance with the procedures set forth in Section 1.40 - Conflicts of Interest and Acceptance of Gifts and other Gratuities of the City of La Quinta Personnel Manual. Reporting must be made in accordance with the personnel policies of the City and, until resolved, the officer or employee shall refrain from participating in the City's business related to the matter. The City Manager, Assistant City Managers, City Treasurer and city employees may conduct personal business with banks, brokers, and other financial institutions that are authorized to conduct business with the City provided that the terms of the activity to the accountholder with the City are the same as those that are available to the public in general. IX AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City Treasurer maintains a listing of financial institutions which are approved for direct investment purposes. In addition a list will also be maintained of approved broker/dealers selected by credit worthiness, who maintain an office in the State of California. 1. Broker/Dealers who desire to become bidders for direct investment transactions must supply the City with the following: ► Current audited financial statements; ► Proof of Financial Industry Regulatory Authority (FINRA) Certification; ► Trading resolution; ► Proof of California registration; ► Resume of Financial broker; and ► Completion of the City of La Quinta Broker/Dealer questionnaire (see Appendix F) which contains a certification of having read the City's Investment Policy. 7 322 The City Treasurer shall evaluate the documentation submitted by the broker/dealer and independently verify existing reports on file for any firm and individual conducting investment related business. The City Treasurer will also contact the following agencies during the verification process: ► Financial Industry Regulatory Authority (FINRA) Public Disclosure Report File (1- 800-289-9999). NO State of California Department of Corporations (1-916-445-3062). The City'Treasurer maintains a listing of financial institutions which are approved for investment purposes. All Broker/Dealers and financial institutions that provide investment services will be subject to City Council approval. Each securities dealer shall provide monthly and quarterly reports filed pursuant to U.S. Treasury Department regulations. Each mutual fund shall provide a prospectus and statement of additional information. 2. Financial Institutions will be required to meet the following criteria in order to receive City funds for deposit or investment (see Appendix E, "Listing of Approved Financial Institutions"): A. Insurance - Public Funds shall be deposited only in financial institutions having accounts insured by the Federal Deposit Insurance Corporation (FDIC). B. Collateral - The amount of the City's deposits or investments not insured by the FDIC —shall be collateralized by securities with market values of 110%, or by mortgages with market values 150%, of the amount of invested funds plus unpaid interest earnings. C. Disclosure - Each financial institution maintaining invested funds in excess of the FDIC insured amount shall furnish the City a copy of the most recent Call Report. The City shall not invest in excess of the FDIC insured amount in banking institutions which do not disclose to the city a current listing of securities pledged for collateralization in public monies. X PERMISSIBLE DEPOSITS AND INVESTMENTS Permissible deposits and investments are summarized below. A more comprehensive list is included in Appendix A. Permissible Investments and Limitations (See Appendix A for Additional Information) Maximum Allocation Maximum Maturity Restrictions Checking &Savings Accounts FDIC Insured &Sweep Accounts 85% Portfolio Current / Sweep Account:On U.S. Treasuries Demand and/or GSE's Certificates of Deposit 60% Portfolio 3 Years <= 250 000 including interest $gg;000 $ 323 Permissible Investments and Limitations Maximum Maximum (See Appendix A for Additional Information) Allocation Maturity Restrictions per institution U.S. Treasury Bills, Notes and Bonds, and Government National `=$9,0000,000 Mortgage Association (GNMA) Securities 700% Portfolio 3 Years maturing 3-5 Yrs U.S. Government Agency Securities and Federal Government Securities (except collateralized mortgage obligations (CMO's) or structured notes which contain embedded rate options): - Federal National Mortgage Association (FNMA) $20,000,000 3 Years - Federal Home Loan Bank Notes & Bonds (FHLB) $25,000,000 3 Years - Federal Farm Credit Bank (FFCB) $30,000,000 3 Years - Federal Home Loan Mortgage Corporation (FHLMC) $20,000,000 3 years Prime Commercial Paper including Temporary Liquidity Guarantee Program (TLGP) 15% Portfolio 90 Days y $5,000,000 per issuer maximum. Local Agency Investment Fund (LAIF) 30% Portfolio Current / $40 million On Demand per account. Money market mutual funds regulated by the SEC that consist only of US Current / Maintain $1 per Treasury Securities or GSE's and maintain a par value of $1 per share 20% Pflio orto On Demand share par value Corporate No including Temporary Liquidity Guarantee Program $5,000,000 max T( LGP) 10% 3 Years per issuer, AA rated or better. Professionally Managed Account 10% 3 Years Requires City Council- Approved RFP Checking, Savings, and Sweep Accounts - The City will only maintain checking, savings, and sweep accounts with FDIC insured financial institutions. As authorized by the City Council, a U.S. Treasury and/or U.S. Agency Securities Money Market Sweep Account with a $50,000 target balance may be maintained in conjunction with the checking account. Certificates of Deposit - As authorized in Government Code Section 53649, Certificates of Deposit are fixed term investments which are required to be collateralized from 1 10% to 150% depending on the specific security pledged as collateral in accordance with Government Code Section 53652. There are no portfolio limits on the amount or maturity for this investment vehicle. Collateralization will be required for Certificates of Deposits in excess of the FDIC insured amount. The type of collateral is limited to City authorized investments. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateralization policies must be supplied to the City and retained by the City Treasurer as follows: A. Certificates of Deposits Insured by the FDIC: The City Treasurer may waive collateralization of a deposit that is federally insured. Certificates of Deposit in excess of FDIC Limits: The amount not federally insured shall be 110% collateralized securities or 150% mortgages market value of that amount of invested funds plus unpaid interest earnings. 9 324 The City's Investment Policy limits the percentage of Certificates of Deposit to 60% of the portfolio. ➢ The City does not allow investments in CDAR's or negotiable (secondary market) certificates of deposit. 3. U.S. Treasury Bills Notes and Bonds and Government National Mortgage Associations (GNMA) securities - The City may invest in U.S. Treasury bills, notes, and bonds, and GNMA securities directly issued and backed by the full faith and credit of the U.S. Government. The City's Investment Policy limits investments in U.S. Treasury issues and GNMA's to 100% of the portfolio. ➢ The City's Investment Policy does not allow investments in local and state indebtedness. 4. U.S. Government Agency Securities and Federal Government Securities - The City may invest in securities issued by U.S. Government instrumentalities and agencies (commonly referred to as government sponsored enterprises or GSE's). These securities are not backed by the full faith and credit of the U.S. Government. Publicly owned GSE's include Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC) and Student Loan Marketing Association (SLMA). Non -publicly owned GSE's include the Federal Home Loan Bank (FHLB), Federal Farm Credit Bank (FFCB), Federal Land Bank (FLB) and Federal Intermediate Credit Bank (FICB). The City's Investment Policy allows investment only in securities of FNMA, FHLMC, FHLB and FFCB. For Fiscal Year 2008109 200912010, the maximum face amount per issuer is $20 million for FNMA and FHLMC, $25 million for FHLB and $30 million for FFCB. In addition, no more than 30% of the portfolio surplus may be invested in all GSE's combined with a maximum $10 million face amount per purchase. 5. Prime Commercial Paper - As authorized in Government Code Section 53601(g), a portion of the City's portfolio may be invested in commercial paper of the highest rating (A-1 or P- 1) as rated by Moody's or Standard and Poor's. There are a number of other qualifications regarding investments in commercial paper based on the financial strength of the corporation and the size of the investment. The City's Investment Policy permits investments in commercial paper with the following limitations: A. Maximum 15% of the portfolio. B. Maximum maturity of 90 days. C. Maximum of $5 million per issuer. These limitations are more restrictive than the State code allowed amounts of 25% of the total portfolio with maturities up to 270 days with no per -issuer limitations. The City is also permitted to invest in commercial paper issued under the FDIC Temporary Liquidity Guarantee Program subject to the aforementioned commercial paper limitations. 6. State Treasurer's Local Agency Investment Fund (LAIF) - As authorized in Government Code Section 16429.1 and by LAIF procedures, local government agencies are each authorized to invest a maximum of $40 million per account in this investment program administered by the California State Treasurer. 10 „� 325 The City's investment in LAW is allowable as long as the average maturity of its investment portfolio does not exceed two years, unless specific approval is authorized by the City Council. The City has two accounts with LAW and limits investment to 30% of the portfolio. 7. Money Market Mutual Funds - As authorized in Government Code Section 53601(k), local agencies are authorized to invest in shares of beneficial interest issued by diversified management companies (mutual funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of other qualifications and restrictions regarding allowable investments in corporate notes and shares of beneficial interest issued by mutual funds which include (1) attaining the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or (2) having an investment advisor registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations and with assets under management in excess of five hundred million dollars ($500,000,000). The City's Investment Policy only allows investments in mutual funds that are money market funds maintaining a par value of $1 per share that invest in direct issues of the U.S. Treasury and/or US Agency Securities with an average maturity of their portfolio not exceeding 90 days and the City limits such investments to 20% of the portfolio. 8. Corporate Notes - As authorized in Government Code Section 53601 (j), local agencies may invest in corporate notes. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any other state and operating in the United States. The City's Investment Policy allows investment in corporate notes authorized by the Government Code with the following limitations: ► Maturities shall not exceed three years from date of purchase. ► Eligible notes shall be regularly quoted and traded in the marketplace. ► Eligible notes shall be rated "AA"or better. ► Total investment shall not exceed 10% of the portfolio, and ► The maximum aggregate investment shall not exceed $5 million face amount for each issuer. This is more restrictive than the State code allowed amounts of 30% of the total portfolio with maturities up to five years with no per -issuer limitations. The City is also permitted to invest in corporate notes issued under the FDIC Temporary Liquidity Guarantee Program subject to the aforementioned corporate note limitations. 9. Professionally Managed Account(s) - The City Treasurer may place up to 10% of the portfolio with a professional portfolio management firm ("PPMF"). The PPMF will be approved by the City Council based upon the City Treasurer's recommendation pursuant to completion of a request for proposal (RFP) as outlined in Appendix G. The PPMF shall have: (a) An established professional reputation for asset or investment management; (b) Knowledge and working familiarity with State and Federal laws governing and restricting the investment of public funds; (c) Substantial experience providing investment management services to local public agencies whose investment policies and portfolio size are similar to those of the City; 11 326 (d) Professional liability (errors and omissions) insurance and fidelity bonding in such amounts as are required by the City; (e) Registration with the Securities and Exchange Commission under the Investment Advisers Act of 1940. Before engagement by the City and except as may be specifically waived or revised, the PPMF shall commit to adhere to the provisions of the City's- Investment Policy with the following exceptions: M The PPMF may be granted the discretion to purchase and sell investment securities in accordance with Appendix I of this Investment Policy; (g) The PPMF is not required to adhere to the buy -and -hold policy of the City's Investment Policy, and; IN The PPMF does not need City Manager or City Treasurer approval to make permissible investments as detailed in column 8 of Appendix H of this Investment Policy. XI INVESTMENT POOLS There are three (3) types of investment pools: ► State -run pools (e.g., LAIF); ► Pools that are operated by a political subdivision where allowed by law and the political subdivision is the trustee (e.g., County Pools); ► Pools that are operated for profit by third parties. The City's Investment Policy permits investment only in pools authorized in Section X. XII PAYMENT AND CUSTODY The City shall engage qualified third party custodians to act in a fiduciary capacity to maintain appropriate evidence of the City's ownership of securities and other eligible investments. Such custodians shall disburse funds, received from the City for a purchase, to the broker, dealer or seller only after receiving evidence that the City has legal, record ownership of the securities. Even though ownership is evidenced in book -entry form rather than by actual certificates, this procedure is commonly accepted as the delivery versus payment (DVP) method for the transfer of securities. XIII INTEREST EARNING DISTRIBUTION POLICY Interest earnings are generated from pooled investments and specific investments. 1. Pooled Investments - It is the general policy of the City to pool all available operating cash of the City of La Quinta, La Quinta Redevelopment Agency and La Quinta Financing Authority and allocate interest earnings, in the following order, as follows: A. Payment to the General Fund of an amount equal to the total annual bank service charges as incurred by the general fund for all operating funds as included in the annual operating budget. 12 327 B. Payment to the General Fund of a management fee equal to 5% of the annual pooled cash fund investment earnings. C. Payment to each fund of an amount based on the average computerized daily cash balance included in the common portfolio for the earning period. 2. Specific Investments - Specific investments purchased by a fund shall incur all earnings and expenses to that particular fund. XIV INTERNAL CONTROLS AND INDEPENDENT AUDITOR The City Treasurer shall establish a system of internal controls to accomplish the following objectives: ► Safeguard assets; ► The orderly and efficient conduct of its business, including adherence to management policies; ► Prevention or detection of errors and fraud; ► The accuracy and completeness of accounting records; and ► Timely preparation of reliable financial information. While no internal control system, however elaborate, can guarantee absolute assurance that the City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable assurance that management of the investment function meets the City's objectives. The internal controls shall address the following: 1 Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. 2. Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 3. Custodial safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by State Lawl shall be placed with an independent third party for custodial safekeeping. 4. Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. 5. Clear delegation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities as outlined in the Segregation of Major Investment Responsibilities appendices. 6. Written confirmation or telephone transactions for investments and wire transfers. Due to the potential for error and improprieties arising from telephone transactions, all telephone 13 328 transactions shall be supported by written communications or electronic confirmations and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. Fax correspondence must be supported by evidence of verbal or written follow-up. 7. Development of a wire transfer agreement with the City's bank and third party custodian. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. The System of Internal Controls developed by the City, shall be reviewed annually by the independent auditor in connection with the annual audit of the City's Financial Statements. The independent auditor's letter on internal control over financial reporting and compliance managem8Rt left . ,, as it pertains pertaining• to cash and investments if any, shall be directed to the City Manager who will direct the City Treasurer to provide a written response to the independent auditor's letter. The auditor's letter, as it pertains management -utter COMMORtS to cash and investment activities and the City Treasurer's response shall be provided to the City's Investment Advisory Board for their consideration. Following the completion of each annual audit, the independent auditor shall meet with the Investment Advisory Board and discuss the auditing procedures performed and the review of internal controls for cash and investment activities. See Appendix D, "Segregation of Major Investment Responsibilities." XV REPORTING STANDARDS The City Treasurer shall submit a .monthly Treasurers Report to the City Council and the Investment Advisory Board that includes all cash and investments under the authority of the Treasurer. The Treasurer's Report shall summarize cash and investment activity and changes in balances and include the following: ► A certification by the City Treasurer. ► A listing of purchases and sales/maturities of investments. ► Cash and Investments categorized by authorized investments, except for LAIF which will be provided quarterly and show yield and maturity. ► Comparison of month end actual holdings to Investment Policy limitations. ► Current year and prior year monthly history of cash and investments for trend analysis. ► Balance Sheet. ► Distribution of cash and investment balances by fund. ► A comparison of actual and surplus funds. ► A year to date historical cash flow analysis and projection for the next six months. 14 �.•• 329 ► A two-year list of historical interest rates. XVI FINANCIAL ASSETS AND INVESTMENT ACTIVITY NOT SUBJECT TO THIS POLICY The City's Investment Policy does not apply to the following: ► Cash and Investments raised from Conduit Debt Financing; ► Funds held in trust in the City's name in pension or other post -retirement benefit programs; ► Cash and Investments held in lieu of retention by banks or other financial institutions for construction projects; ► Short or long term loans made to other entities by the City or Agency; and Short term (Due to/from) or long term (Advances from/to) obligations made either between the City and its funds or between the City and Agency. XVII INVESTMENT OF BOND PROCEEDS The City's Investment Policy shall govern bond proceeds and bond reserve fund investments. California Code Section 5922 (d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions which shall be structured in accordance with the City's Investment Policy. Arbitrage Requirement - The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations as required and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law. These arbitrage calculations may be contracted with an outside source to provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations. The City's investment position relative to the new arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is the City's position to continue maximization of yield and to rebate excess earnings, if necessary. XVIII INVESTMENT ADVISORY BOARD - CITY OF LA QUINTA The Investment Advisory Board (IAB) is a standing board composed of five members from the public that are appointed by the City Council. Background information will be requested and potential candidates must agree to a background check and verification. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each board member will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the board. All board members shall report annually to the City Clerk on Form 700, Statement of Economic Interests, any activities, interests, or relationships that may be, or have the appearance of, a conflict of interest. The IAB must meet at least quarterly, but usually meets monthly, to: 1. Review at least annually the City's Investment Policy and recommend appropriate 15 330 changes; 2. Review monthly treasury report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; 3. Receive and consider other reports provided by the City Treasurer; 4. Meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls and findings for cash and investment activities, and; 5. Serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. The IAB will report to the City Council after each meeting either in person or through correspondence at a regular City Council meeting. See Appendix B: "Investment Advisory Board Provisions". XIX INVESTMENT POLICY ADOPTION The City's Investment Policy will be reviewed annually by the City's Investment Advisory Board and the City Treasurer. The Investment Advisory Board will forward the Investment Policy with any revisions to the City Manager and City Attorney for their review and comment. A joint meeting will be held with the Investment Advisory Board, City Manager, City Attorney, and City Treasurer to review the Investment Policy and any comments prior to submission to the City Council for their consideration. The Investment Policy shall be adopted by resolution of the City Council annually before the end of June of each year. 16 331 Q K El Q H Z 5 a J LL O } f- U W H Z W 2 \W Z 0 z Q W O a W 0 W J m LU W a LL O } Q N N U 0 n a n c m N E c O U 0 l0 N m l0 C U N a E J E cu E 0 L O N N o N N aN. E m 10 ww E c E of d E >n Y m L 3 0 O � O J N N L c O - C m N 02 N N E J nN N d a '3 3 E � E �a N N d E U .� N O' -mow w'�� p •- m of Qw «��NN yr R'LLp CI 10 V J C U S U T O N OCyCA N O -M roW U C w7 N� 7 N Oi N romE`� O' O w K N Nw E c a La dE m m A m m m m m yE m U M M M M M M N M U C M M 0 0 0 iu - N m ° o a in > w ' c w N E a N N M m a N N C m O c 3 0 m a >oo u W o N E 0 O° N ro O E a ; ui c 0 a o a o 07 O o o d y> o v O O O N O N (°l N Ny O O SOW LL' O Q V v h IA ro � 6 N (n w V E N :3 C C O o 0 o O o ° ° ° E p x" r LL. O 0 O 0 O 0 O 0 o N m O 0 O m O o 0 W a a a a a° ❑ a a° a IL p o o e a e o o Q) a Q• O O O O O O O O �O N O O O N O M O O {y0 N V1 c � C o 4 g o 0 0 0 4 o a o ° O yo o o 0 0 0 0 0 0 0 0 v °C a a o 0 0 0 p 'x a° o 0 0 0 a m a a a° v p N� O rL Q .LL.. W t00 NW NN M N O O c m ° ' O O C N > 8 m E N m m y > E ° C O ' a m 5 m0,0 U m U' N ro _ C N 0 N O IZl N O O «a� c c m E r vmw ° N E• LLQJ Wrno NU y °EE_ C0 roo7 -O 4! N lUl. U! v O E C p vQ uHc Q Z v N u c da`Ai 1� ° N N C C E(� O N Z C C o ro N O C� C Q CLI y Z o rn r o d o a E N = Z m 0 16 u 3r mu Uwro 0 c a R'0 gN o v Exxo mmE o mE�.o o ' ZE M T Ep c ym Z cw O 0 mo � w E Cq eL O U D2 7N a(D a> N N m O N M — IL` 332 al o = Lm c c n E m mc pQ MA u x °= Eyti d m m0 oan m L¢ " T m N O y m C O N L_ N � E 6 N >m o' c van o Q a m x- a c E v d n m cEn w m=m c ui > 12 8. o a aao E '" cEd = LL U ui .10J. m2E o - E E a 42 a c c a y Y c m v m� � ❑ ❑ENE HmN c m m OC NGl pao v N a f0 E >'c m d I T Up m M ti L O Op y V j y U m Z co N O Q ap� U! N a U L U J Y O �- r C O N r v E 5 Y o w m v `m = a U wa. E m m¢ m m ms m m y 0 m N Z �mz�ain Q[r❑ F wpm > w o � m m Zo o v a m as °a E i M 8 N C O .m-r A d Z c U E U o m L aNO ❑LL Y ON UN �Np UU1 3 O�� ao UC OIL 0o cc ON loa 01s cc mm C E x m> im' ><m wo aam oo mErn m o E= wIp ? u E m >0Y m o a ,- mc_ �oc n m C =: '" and o o E d uoi- �c u� cn �5 aE Sc o T+ O 0 �e3 mo d— E'" me a� as o m N m y c m a > c c m m m a s c c 8w aui p.co m o' Um Z, rc N Nmw o mZ' >E m.5a o `2" E o w m m - m o>gyva Ni > ° 'y nu - > 0i w m E fap N _ m m O .. E c o da m Mo in EJE ot0 Zm ia¢ nc rnEN mm�c Ec_m .L> U �ZUN1 y o o 0m00c t.aNw.' M E O % a ata r p m 0o aDN!mo? C N N JiW J ya Nu o 0 E m 0 J 0 m O °> mm NamEO « am0 w oy o �E i u m m m m r C N m OC O m _U N N m L N EOm 2 m N o a m w= d U E c =' 00 m o o d m w m awu FU ¢� U is ¢— Ham HN Ho N U) N d 0 a m d c `oc, S o 9 LL LL m 333 Appendix B City of La Quinta Municipal Code Chapter 2.70 INVESTMENT ADVISORY BOARD PROVISIONS Sections: 2.70.010 General Rules Regarding Appointment. 2.70.020 Board meetings. 2.70.030 Board functions. 2.70.010 General rules regarding appointment A. Except as set out below, see Chapter 2.06 for General Provisions. B. The Investment Advisory Board (the "board") is a standing board composed of five (5) members from the public that are appointed by city council. C. ueri#isatien. Applicants for the board should have a background in finance, preferably with knowledge and/or experience in markets, controls and accounting for securities. Background information will be requested and potential candidates must agree to a background check and verification. D. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each board member will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the board. Such matters may include, but are not, limited to, changes in employment, changes in residence, or changes in clients. E. To promote continuity, the expiration of the terms of the members of the board shall be staggered. The term of service is three years, with one or two terms expiring each year. 2.70.020 Board meetings. The Board usually will meet monthly, but this schedule may be extended to quarterly meetings upon the concurrence of the Board and the City Council. The specific meeting dates will be determined by the Board Members and meetings may be called for on an as needed basis. 2.70.030 Board functions. A. The principal functions of the Board are: (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls, and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. 19 334 B. The Board will report to the City Council after each meeting either in person or through correspondence at a regular City Council meeting. 20 335 Appendix C City of La Quinta Municipal Code Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS Sections: 3.08,010 Investment of city moneys and deposit of securities. 3.08.020 Authorized investments. 3.08.030 Sales of securities. 3.08.040 City bonds. 3.08.050 Reports. 3.08.060 Deposits of securities. 3.08.070 Trust fund administration. 3.08.010 Investment of city moneys and deposit of securities. Pursuant to, and in accordance with, and to the extent allowed by, Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the city treasurer. (Ord. 2 § 1 (part), 1982) 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under any provision of state law relating to the investing of general city funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in his custody which are not required for the immediate necessities of the city and as he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 2 § 1 (part), 1982) 3.08.030 Sales of Securities. From time to time the city treasurer shall sell the securities in which city moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the city treasury. (Ord.2 § I (part), 3.08.040 City bonds. Bonds issued by the city and purchased pursuant to this chapter maybe canceled either in satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided, however, that the bonds may be held uncancelled and while so held may be resold. (Ord. 2 § 1 (part), 1982) 21 336 3.08.050 Reports. The city treasurer shall make a monthly report to the city council of all investments made pursuant to the authority delegated in this chapter. (Ord. 2 § 1 (part), 1982) 3.08.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to deposit for safekeeping, the securities in which city moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any state law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take from the institution or depository a receipt for the securities so deposited and shall not be responsible for the securities delivered to and receipted for by the institution or depository until they are withdrawn therefrom by the city treasurer. (Ord. 2 § 1 (part), 1982 3.08.070 Trust fund administration. Any departmental trust fund established by the city council pursuant to Section 36523 of the Government Code shall be administered by the city treasurer in accordance with Section 36523 and 26524 of the Government code and any other applicable provisions of law. (Ord. 2 § 1 (part), 1982) 337 SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES Function Develop and Recommend Modifications to City's Formal Investment Policy Review City's Investment Policy and Recommend City Council Action Adopt Formal Investment Policy Implement Formal Investment Policy Review Financial Institutions & Select Investments Acknowledge Investment Selections Execute Investment transactions Confirm Wires (if applicable) Record Investment Transactions in City's Accounting Records Investment Verification (match broker confirmation to City investment records) Reconcile Investment Records to Accounting Records and Bank Statements Reconcile Investment Records to Treasurers Report of Investments Security of Investments at City Security of Investments outside City Review Internal Control Procedures 23 Appendix D Responsible Parties Investment Advisory Board and City Treasurer City Manager and City Attorney City Council City Treasurer City Treasurer City Manager or an Assistant City Manager City Treasurer or City Manager Accounting Manager or Financial Services Assistant Accounting Manager or Financial Services Assistant City Treasurer and Financial Services Assistant Financial Services Assistant Accounting Manager Accounting Manager or Senior Secretary Third Party Custodian External Auditor 338 Appendix E I_��>iL� C�I�]�_I;��PL�»I� L1r«[d1e1�1►�1;� itII�j if L�7�� 1 . Banking Services Wells Fargo Bank, Government Services, Los Angeles, CA 2. Custodian Services Bank of New York(Me/%n, Los Angeles, CA 3. Deferred Compensation International City/County Management Association Retirement Corporation 4. Broker/Dealer Services Banc of America Securities McF41 Gh, San Francisco, CA Morgan Stanley, San Rafael, CA CitiGroup, San Francisco, CA 5. Government Pool State of California Local Agency Investment Fund City of La Quinta Account La Quinta Redevelopment Agency 6. Bond Trustees 1991 City Hall Revenue Bonds - US Bank 1991 RDA Project Area 1 - US Bank 1992 RDA Project Area 2 - US Bank 1994 RDA Project Area 1 - US Bank 1998 RDA Project Area 1 &2 — US Bank 2001 RDA Project Area 1 — US Bank 2002 RDA Project Area 1 — US Bank 2003 RDA Project Area 1 — US Bank Assessment Districts — US Bank No Changes to this listing may be made without City Council approval 24 339 Appendix F BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1 . Name of Firm: 2. Address: 3. Telephone:) ) 4. Broker's Representative to the City (attach resume): Name: Title: Telephone: 1 1 5. Manager/Partner-in-charge (attach resume): Telephone: 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone: ( 1 1 1 7. Which of the above personnel have read the City's Investment Policy? 8. Which instruments are offered regularly by your local office? (Must equal 100%) • U.S. Treasuries • BA's Commercial Paper % CD's % Mutual Funds % Agencies (specify): % Repos % Reverse Repos % CMO's % Derivatives % Stocks/Equities • Other (specify): 9. References -- Please identify your most directly comparable public sector clients in our geographical area. Entity Contact 25 Entity Contact 340 Telephone ( ) Telephone ) Client Since Client Since 10. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 11. Has your firm or your local office ever been subject to a regulatory or state/ federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so, explain. 12. Has a client ever claimed in writing that you were responsible for an investment loss? Yes No If yes, please provide action taken Has a client ever claimed in writing that your firm was responsible for an investment loss? Yes No If yes, please provide action taken Do you have any current or pending complaints that are unreported to FINRA? Yes No If yes, please provide action taken Does your firm have any current, or pending complaints that are unreported to FINRA? Yes No If yes, please provide action taken 13. Explain your clearing and safekeeping procedures, custody and delivery process. Who audits these fiduciary responsibilities? Latest Audit Report Date 26 341 14. How many and what percentage of your transactions failed? Last month? % $ Last year? % $ 15. Describe the method your firm would use to establish capital trading limits for the City of La Quinta. 16. Is your firm a member in the S.I.P.C. insurance program? Yes No If yes, explain primary and excess coverage and carriers. 17. What portfolio information, if any, do you require from your clients? 18. What reports and transaction confirmations or any other research publications will the City receive? 19. Does your firm offer investment training to your clients? Yes No 20. Does your firm have professional liability insurance? Yes No If yes, please provide the insurance carrier, limits and expiration date. 21. Please list your FINRA/NASD Registration Number 22. Do you have any relatives who work at the City of La Quinta? Yes No If yes, Name and Department 23. Do you maintain an office in California? Yes No 24. Do you maintain an office in La Quinta or Riverside County? Yes No 25. Please enclose the following: ► Latest audited financial statements. ► Samples of reports, transaction confirmations and any other research/publications the City will receive. ► Samples of research reports and/or publications that your firm regularly provides to clients. ► Complete schedule of fees and charges for various transactions. 'CERTIFICATION' *CERTIFICATION* 27 342 I hereby certify that I have personally read the Statement of Investment Policy of the City of La Quinta, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of La Quinta. All sales personnel will be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of La Quinta of all foreseeable risks associated with financial transactions conducted with our firm. By signing this document the City of La Quinta is authorized to conduct any and all background checks. Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Broker Representative Date Title_ Sales Manager and/or Managing Partner*_ Date Title m 343 Appendix G Request for Proposals Professional Portfolio Management Firm City of La Quinta, CA The City of La Quinta, CA is soliciting Requests for Proposals (RFP) from interested firms for the provision of a discretionary investment management services for City of La Quinta, CA. The portfolio to be managed of the invested assets is will be approximately 10% of the City's investment portfolio and will be invested between 0 - 3 years. The investment of City of La Quinta, CA's funds is guided by the applicable State statutes and the City of La Quinta, CA's investment policy. A copy of the investment policy is attached for your information. Questions regarding this RFP should be directed to: Name: Title: City of: Address: City, State, Zip Code: Phone Number: John M. Falconer Finance Director/Treasurer La Quinta, CA P.O. Box 150 La Quinta, CA 92247-1504r3 (760)777-7150 I. CRITERIA FOR EVALUATION AND SELECTION ■ Experience of the firm in providing services to public sector entities of similar size and with similar investment objectives; ■ Professional experience and qualifications of the individuals assigned to the account; ■ Portfolio management resources, investment philosophy and approach; ■ Responsiveness to the RFP, communicating an understanding of the overall program and services required; ■ Reporting capabilities; ■ Fees. II. SELECTION TIMETABLE A. [Month, Day and Year] Proposals due by [Time] PST. B. [Month, Day and Year] Proposals evaluated: to be determined C. [Month, Day and Year] [City of La Quinta, CA] [Board/Council] approves selection and awards contract. III. FORMAT FOR PROPOSALS Please format your response to this RFP in the following manner: A. Organization 29 344 Describe your organization, date founded, ownership and other business affiliations. Provide number and location of affiliated offices. Specify the number of years your organization has provided investment management service. 2. Describe your firm's revenue sources (e.g., investment management, institutional research, etc.) and comment on your firm's financial condition. 3. Within the past three years, have there been any significant developments in your organization (e.g., changes in ownership, new business ventures)? Do you expect any changes in the near future? 4. Describe any U.S. Securities and Exchange Commission (SEC) censures or litigation involving your organization, any officer, or employee at any time in the last ten years. 5. Describe the firm's fiduciary liability and/or errors and omissions insurance coverage. Include dollar amount of coverage. B. Personnel C Governmental 1 . Identify the number of professionals employed by your firm by classification. 2. Provide an organization chart showing function, positions, and titles of all the professionals in your organization. 3. Provide biographical information on investment professionals that will be involved in the decision -making process for our portfolio, including number of years at your firm. Identify the person who will be the primary portfolio manager assigned to the account. 4. Describe your firm's compensation policies for investment professionals and address any incentive compensation programs. Assets Under Management 1 . Summarize your institutional investment management asset totals by category for your latest reporting period in the following table: Governmental Pension Non Governmental Pension Number Operating Funds of Clients $ $ 30 Number of Other Restrictive Clients Funds $ No %,; Pff Not !Applicable 345 Corporate S Not Applie"a High Net Worth Client $ Not Applicable Endowmental/Foun- S Not` dation AUip(icable 2. Provide the number of separate accounts whose portfolios consist of operating funds. 3. List in the following table the percentage by market value of aggregate assets under all governmental accounts under management for your latest reporting period: Type of Asset U.S. Treasury securities Federal Agency obligations Corporate securities rated AAA -AA Corporate securities rated A Corporate securities rated BBB or lower Percent by Market Value Other (specify 1 4. Describe the procedures that your firm has in place to address the potential or actual credit downgrade of an issuer and to disclose and advise a client of the situation. 5. Provide data on account/asset growth over the past five years. Indicate the number of government accounts gained and the number of government accounts lost. 6. List your five governmental largest clients. Identify those that are exclusively operating fund relationships and/or those that are other relationships (e.g., bond fund, retirement fund). 7. Provide a copy of the firm's Form ADV, Parts I and II (including all schedules). 8. Provide proof of State of California Registration, if your firm is not eligible for SEC registration. 9. Provide a sample contract for services. 31 346 D. Philosophy/Approach 1 . Describe your firm's investment philosophy for public clients, including your firm's philosophy regarding average duration, maturity, investment types, credit quality, and yield. 2. Describe in detail your investment process, as you would apply it to City of La Quinta, CA's portfolio. 3. What are the primary strategies for adding value to portfolios? 4. Describe the process you would recommend for establishing the investment objectives and constraints for this account. 5. Describe in detail your process of credit risk management, including how you analyze credit quality, monitor credits on an ongoing basis, and report credit to governmental accounts. 6. Describe your firm's trading methodology. 7. Describe your firm's decision -making process in terms of structure, committees, membership, meeting frequency, responsibilities, integration of research ideas, and portfolio management. 8. Describe your research capabilities as they would pertain to governmental accounts. What types of analysis do you use? 9. Describe the firm's approach to managing relationships with the broker -dealer community. E. Portfolio Management 1 . Are portfolios managed by teams or by one individual? 2. What is the average number of accounts handled per manager? 3. Which professional staff member will be the primary client contact for City of La Quinta, CA? 4. How frequently are you willing to meet with us? 5. Describe procedures used to ensure that portfolios comply with client investment objectives, policies, and bond resolutions. F. Fees Charged 1. Please include a copy of your firm's fee schedule applicable to this RFP. 2. Identify any expenses that would not be covered through this fee structure and would be required in order to implement the firm's program. 32 341 3. Is there a minimum annual fee? G. Performance Reporting 1. Please report on all accounts under $100 million. 2. Please provide performance history for governmental accounts for the last five years. 3. Please provide risk measurements for governmental accounts for the last five years. 4. Indicate whether your returns are calculated and compiled in accordance with the Association for Investment Management and Research (AIMR/CFA Institute) standards. 5. Do your reports conform to the State of California reporting standards? Are you willing to customize your reports to meet our specifications? 6. How will you notify us of investment transactions? 7. Are confirmations of investment transactions sent directly by the broker/dealer to the client? 8. Do your reports include rating information on investments which is required by GASB 40? H. References Provide a list of at least five (5) client references in California. References should be public agencies with portfolio size and investment objectives similar to City of La Quinta, CA. Include length of time managing the assets, contact name, and phone number. I. Insurance Requirements Exhibit A defines the insurance requirements that will need to be met prior to the [Board/Councill's approval of any agreement for services. J. Submittal of proposals Seven (7) copies of the proposal shall be submitted in a sealed envelope bearing the caption RFP for (City of La Quinta, CA) and addressed to: City of La Quinta, CA Box 1504Wee La Quinta, CA 92247-1504b3 Attention: John M. Falconer Finance Director/Treasurer 2. Proposal must be received no later than [Time] PST on [Month, Day, and Year]. 33 348 3. Proposals should be verified before submission. The City of La Quinta, CA shall not be responsible for errors or omissions on the part of the respondent in preparation of a proposal. The City of La Quinta, CA reserves the right to reject any and all proposals, to wave any irregularities, or informalities in the proposals, and to negotiate modifications to any proposal. Enclosures: Investment Policy Treasurers Report 34 349 x x C d a a ZI U- c C 0 O7 O C fCC G 0 .O Y O a c0 C O fACh N 0 a- Y co L U C N E f0 N Y 0 C > 0 0 d J w N O N U a a .F.i a 0 .o 00€ na 9 Gl �p O O O O O O O N N N N y N 0 0 N 0 N 0 N d N d N y N d N N y c E z z z z z z z O y>> O O r r z>> r r r> > a;m o a y T 6 U a 0 O O O o 0 0 0 0 0 0 0 N N N N N N N N N 3a z z z z z z z z z z z oL QU c m a w a E E 0 '0 c c N c c c c N c c c c LL. N c ° oc 00 z z z zc z z z z z z z z z z O O n a 00 5 « o 0 0 > n N N 4l N j j N o o e e N N N C N c 0 e o N C N C O 0 C 0 C 0 C 0 0 0 C 0 0 0 0 0 C O c O O O 4 O O O O y e z z z z 0> Z v M N N Z Z Z Z O M N Z z N N N o o 40 a n 0 a O 0 e o N N V1 E J w v d p p o o aoi o 0 o o d ai0i v o d w ai0i Z Z Z Z t0 �O 10 T z MO N O 10 N N l0 10 c o N .N- c y o O Z` N mo c w E 5 N w N 0U E N nacE. c m 0 z~NCN mm 0 o w0 ¢> a UN CO FJo I azOwm aVCrn mylC0 QUCO _ n 0 E° 5 W J Z 0 NOCcC wm Q m 0 U 0 0 U c v U CL m c C 'E E0 S w�x, E 0 E N 0 0 0 0 0 0 p 0 0 0 0 N O O O p •- y U 90 N N N N N N N N U M y I L m 0 L N E U ryO N H b U 0 LO M 350 Appendix I Investment Management Process and Risk Except as provided for in Section 27000.3, Government Code Section 53600.3 declares each person, treasurer, or governing body authorized to make investment decisions on behalf of local agencies to be a trustee and therefore a fiduciary subject to the prudent investor standard. these persons shall act with care, skill, prudence, and diligence under the circumstances then prevailing when investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing funds. Section 53600.5 further stipulates that the primary objective of any person investing public funds is to safeguard principal; secondly, to meet liquidity needs of the depositor; and lastly, to achieve a return or yield on invested funds (Government Code Section 27000.5 specifies the same objectives for county treasurers and board of supervisors). Risk is inherent throughout the investment process. There is risk assigned to any investment activity as well as opportunity risk related to inactivity. Market risk is derived from exposure to overall changes in the general level of interest rates while credit risk is the risk of loss due to the failure of the insurer of a security. The market value of a security varies inversely with the level of interest rates. If an investor is required to sell an investment with a five percent yield in a comparable seven percent rate environment, that security.will be sold at a loss. The magnitude of that loss will depend on the amount of time until maturity. Purchasing certain allowable securities with a maturity of greater than five years requires approval of the governing board (see Government Code Section 53601). Part of that approval process involves assessing and disclosing the risk and possible volatility of longer -term investments Another element of market risk is liquidity risk. Instruments with unique call features, special structures or those issued by little known companies are often thinly traded. Their uniqueness often makes finding prospective buyers in a secondary market more difficult and, consequently, the securities' marketability and price are discounted. However, under certain market conditions, gains are also possible with these types of securities. Default risk occurs when the borrower is unable to repay the obligation. Generally, securities issued by the federal government and its agencies are considered the most secure, while securities issued by private corporations or negotiable certificates of deposit issued by commercial banks have a greater degree of risk. Securities with additional credit enhancements, such as bankers acceptances, collateralized repurchase agreements and collateralized bank deposits are somewhere between the two on the risk spectrum. The vast majority of portfolios are managed within a buy and hold policy. Investments are purchased with the intent and capacity to hold that security until maturity. At times, market forces or operations may dictate swapping one security for another or selling a security before maturity. Continuous analysis and fine tuning of the investment portfolio are considered prudent investment management. [...1 The Government Code contains specific provisions regarding the types of investments and practices permitted after considering the broad requirement of preserving principal and maintaining liquidity before seeking yield. These provisions are intended to promote the use of reliable, diverse, and safe investment instruments to better ensure a prudently managed portfolio worthy of public trust. Chapter II. Fund Management Local Agency Investment Guidelines 2007 Issued by California Debt and Investment Advisory Commission 36 351 Appendix J GLOSSARY (Adopted from the Municipal Treasurers Association) The purpose of this glossary is to provide the reader of the City of La Quinta investment policies with a better understanding of financial terms used in municipal investing. AGENCIES: Federal agency securities and/or Government -sponsored enterprises. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large -denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: I Short-term unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank America, etc. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of La Quinta. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. CONDUIT FINANCING: A form of Financing in which a government or a government agency lends its name to a bond issue, although it is acting only as a conduit between a specific project and bond holders. The bond holders can look only to the revenues from the project being financed for repayment and not to the government or agency whose name appears on the bond. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its maturity when quoted at 37 352 lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non -interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters. 1. FNMA's (Federal National Mortgage Association► - Like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD)• It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder- owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FNMA's (Federal National Mortgage Association) Used to assist the L...me & RSUFed by the Federal Housing 2. FHLB's (Federal Home Loan Bank Notes and Bonds) - Issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies, and mortgage -lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes are issued with maturities of less than one year and interest is paid at maturity. 3. FLB's (Federal -Land Bank Bonds) - Long-term mortgage credit provided to farmers by Federal Land Banks. These bonds are issued at irregular times for various maturities ranging from a few months to ten years. The minimum denomination is $1,000. They carry semi-annual coupons. Interest is calculated on a 360-day, 30 day month basis. 4. FFCB's (Federal Farm Credit Bank) - Debt instruments used to finance the short and intermediate term needs of farmers and the national agricultural industry. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten year) on a periodic basis. These issues are highly liquid. 5. FICB's (Federal Intermediate Credit bank Debentures) - Loans to lending institutions used to finance the short-term and intermediate needs of farmers, such as seasonal production. They are usually issued monthly in minimum denominations of $3,000 with a nine -month maturity. Interest is payable at maturity and is calculated on a 360- day, 30-day month basis. 6. FHLMC's (Federal Home Loan Mortgage Corporation) - a government sponsored entity established in 1970 to provide a secondary market for conventional home mortgages. Mortgages are purchased solely from the Federal home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They are issued for various maturities and in minimum denominations of $10,000. Principal W 353 and Interest is paid monthly. Other federal agency issues are Small Business Administration notes (SBA's), Government National Mortgage Association notes (GNMA's), Tennessee Valley Authority notes (TVA's), and Student Loan Association notes (SALLIE-MAE's). FEDERAL DEPOSITOR INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $2504-00,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open - market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLB's is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "pass -through" is often used to describe Ginnie Maes. LAIF (Local Agency Investment Fund) - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum_ investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum balance of $430,000,000 for any agency. The City is restricted to a maximum of ten transactions per month. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of making the investments, not to exceed one -quarter of one percent of the earnings. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase --reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer -lender to liquidate the underlying securities [c][:7 354 in the vent of default by the seller -borrower MATURITY: The date upon which the principal or stated value of an investment becomes due and payable MONEY MARKET: The market in which short- term debt instruments (bills, commercial paper, banker' acceptances, etc.) are issued and traded. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of all cash and securities under the direction of the City Treasurer, including Bond Proceeds. PRIMARY, DEALER: A group of government securities dealers who submit daily reports of market activity and depositions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) -registered securities broker -dealers, banks and a few unregulated firms. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO): A repurchase agreement is a short-term investment transaction. Banks buy temporarily idle funds from a customer by selling U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal funds and the maturity of the repo. Some banks will execute repurchase agreements for a minimum of $100,000 to $500,000, but most banks have a minimum of $1,000,000. REVERSE REPURCHASE AGREEMENTS (RRP or RevRepo) - A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security"buyer" in effect lends the"seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RRP extensively to finance their positions. Exception: When the Fed is said to be doing RRP, it is lending money that is increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMAS, SLMA, etc.) And Corporations which 40 355 have imbedded options (e.g., call features, step- up coupons, floating rate coupons, derivative - based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the Shape of the yield curve. SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus funds as any money not required for immediate necessities of the local agency. The City has defined immediate necessities to be payment due within one week. TREASURY BILLS: A non -interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months or one year. TREASURY BONDS: Long-term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. TREASURY NOTES: Medium -term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker -dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The Act contains the following sections: duty of care, diversification, review of assets, costs, compliance determinations, delegation of investments, terms of prudent investor rule, and application. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par of plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 41 356 T4&t 4 4 Q" AGENDA CATEGORY: COUNCILIRDA MEETING DATE: June 16, 2009 BUSINESS SESSION: ITEM TITLE: Consideration of Filling Vacancies on City CONSENT CALENDAR: Council Standing Committees STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Select representatives of the City Council to fill vacancies on various committees for the remainder of year 2009. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the January 15, 2008 meeting, the City Council selected Council Members to serve on a number of committees which provide regional and local representation for the City of La Quinta. On June 2, 2009, Council Member Kirk officially resigned from the City Council. The resignation of Mr. Kirk left vacancies on the following standing committees: Coachella Valley Association of Governments (CVAG) Coachella Valley Conservation Commission - Alternate CVAG Energy & Environmental Resources Committee - Alternate CVAG Human and Community Resources Committee - Alternate CVAG Public Safety Committee -Member CVAG Transportation Committee - Member Coachella Valley Mountains Conservancy — Executive Board Member 357 Attachment 1 is a complete list of the standing committees and the appointments made last year for the Council's consideration. FINDINGS AND ALTERNATIVES: The Alternatives available to the City Council include: 1. Select representatives of the City Council to serve on various committees for the remainder of year 2009; or 2. Do not select representatives of the City Council to serve on various committees for the remainder of year 2009; or 3. Provide staff with alternative direction. Respectfully submitted, t Veronica . Montecino, CMC City Cle • Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. List of Existing City Council Committee Assignments 358 ATTACHMENT 1 CITY COUNCIL COMMITTEE APPOINTMENTS CVAG COACHELLA VALLEY CONSERVATION COMMISSION: 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 Member: Stanley Sniff, Council Member Alternate: Meets 2"6 Thursday of each month at 11:00 a.m. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE: Member: Stanley Sniff, Council Member Alternate: Staff Support: Planning Director or Designee Meets 2"d Thursday of each month at 12:00 p.m. CVAG EXECUTIVE COMMITTEE: Member: Don Adolph, Mayor Alternate: Kristy Franklin, Council Member Non -Voting Member: City Manager Meets last Monday of each month at 6:00 p.m. CVAG HUMAN AND COMMUNITY RESOURCES COMMITTEE: Member: Kristy Franklin, Council Member Alternate: Staff Support: Community Services Director Meet 3`d Wednesday of each month at 12:00 p.m. CVAG PUBLIC SAFETY COMMITTEE: Member: Alternate: Terry Henderson, Mayor Pro Tem Staff Support: Assistant City Manager -Management Services Meets 2"d Monday of each month at 10:00 a.m. CVAG TRANSPORTATION COMMITTEE: Member: Alternate: Terry Henderson, Mayor Pro Tern Staff Support: Public Works Director/City Engineer Meets 2"6 Monday of each month at 12:00 p.m. 359 CVAG VALLEY -WIDE HOMELESS COMMITTEE: Member: Kristy Franklin, Council Member Alternate: Staff Support: Community Services Director Meets 3id Wednesday of each month at 10:00 a.m. ANIMAL CAMPUS COMMISSION: c/o Lynda Gregory Supervisor Wilson's Office 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 Member: Kristy Franklin, Council Member Alternate: Terry Henderson, Mayor Pro Tem Meets every other month on the 2n° Thursday at 9:30 a.m. BOB HOPE CHRYSLER CLASSIC FUND DISTRIBUTION COMMITTEE Member: Don Adolph, Mayor (Appointed 9116108) CALIFORNIA JOINT POWERS INSURANCE AUTHORITY: 8081 Moody Street La Palms, CA 90623 Member: Kristy Franklin, Council Member Alternate: Personnel/Risk Manager CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE Member: Mayor Don Adolph (5/19/09) Staff Support: City Manager Staff Support: Assistant City Manager -Development Services Staff Support: Economic Development Project Manager Meets every other month/Rotates after 3 consecutive meetings (last appointment 1120109) CIVIC CENTER ART PURCHASE COMMITTEE Members: Terry Henderson, Mayor Pro Tern Kristy Franklin, Council Member Rotates Annually (last appointment 2009) Updated: June 3, 2009 360 COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT LQ Representative: Robert Cox Term: Two—year term, effective January 1, 2009 (appointed December 16, 2008) Staff Support: City Manager Meets 2°tl Tuesday of each month at 6:00 p.m. COACHELLA VALLEY MOUNTAINS CONSERVANCY (State appointment) Ex. Board Member: Alternate: Stanley Sniff, Council Member Staff Support: Planning Director Meets T' Monday of every other month at 3:00 p.m. COACHELLA VALLEY WATER DISTRICT JOINT WATER POLICY COMMITTEE Member: Don Adolph, Mayor Alternate: Terry Henderson, Mayor Pro Tern (Appointed September 22, 2004) IMPERIAL IRRIGATION DISTRICT ENERGY CONSUMERS' ADVISORY COMMITTEE I.I.D. Energy Consumer's Advisory Committee 1651 W. Main Street El Centro, CA 92343 Member: Frank Blum, Citizen Representative Alternate: Mack Carter, Citizen Representative Elected Official: Kristy Franklin, Council Member Staff Alternate: Bret Plumlee, ACM -Management Services (Appointed September 16, 2008) Term: 3 years (Committee scheduled to review bylaws 12/01/08) Meets 15' Monday of each month at 6:00 p.m, at alternate 11D offices in Et Centro and La Quinta. JACQUELINE COCHRAN REGIONAL AIRPORT Member: Kristy Franklin, Council Member Alternate: Terry Henderson, Mayor Pro Tern Staff Support: Planning Director Meetings vary on 3id or 4' Wednesdays of each month at 4:00 p.m. at Thermal Airport c/o Economic Development Agency County of Riverside 44-199 Monroe Street, Suite B Indio, CA 92201 Updated: June 3, 2009 361 LEAGUE OF CALIFORNIA CITIES - RIVERSIDE DIVISION Delegate: Terry Henderson, Mayor Pro Tem Alternate: Don Adolph, Mayor PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY Ex. Board Member: Terry Henderson, Mayor Pro Tem Alternate: Don Adolph, Mayor Staff Support: City Manager Meets 3' Tuesday of each month at 9:00 a.m. at Palm Desert City Half PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION LQ Rep: Nancy Doria, citizen representative (79-448 Calve Prospero) Alternate: Michael Mastrogiuseppe (78-895 via Trieste) Term: Four Years (expires June 30, 2011 (appointed: 9/7/04; re -appointed: 6117108) Meets I" and 3itl Wednesday of each month at 8:00 a.m. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE Member: Diane Gunn (citizen representative) (appointed 12116108) Meets Quarterly on 5rd Thursday in January, April, July, and October RIVERSIDE COUNTY TRANSPORTATION COMMISSION Commission Member: Terry Henderson, Mayor Pro Tem Commission Alternate: Don Adolph, Mayor (Appointed.• January 7, 2003) Meets 2nd Wednesday of each month at 9:00 a.m. in Riverside SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (Federal appointment) Commission Member: Term: (Re -appointed 715106) Meets twice annually Terry Henderson, Mayor Pro Tem Three Years Updated: June 3, 2009 362 SUNLINE TRANSIT AGENCY 32-505 Harry Oliver Trail Thousand Palms, CA 92276 Board Member: Don Adolph, Mayor Alternate: Kristy Franklin, Council Member Staff Support: City Manager Meets 4`" Wednesday of each month at 12:00 p.m. Updated: June 3, 2009 .. 363 6S -3 A RESOLUTION AUTHORIZING THE CITY OF LA QUINTA, CALIFORNIA TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS WHEREAS, the current economic crisis has placed cities under incredible financial pressure and caused them to make painful budget cuts, including layoffs and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spending in line with declining revenues; and WHEREAS, since the early 1990s the state government of California has seized over $10 billion of city property tax revenues statewide, now amounting to over $900 million each year, to fund the state budget even after deducting public safety program payments to cities by the state; and WHEREAS, in his proposed FY 2009-10 budget the Governor has proposed transferring $1 billion of local gas taxes and weight fees to the state general fund to balance the state budget, and over $700 million in local gas taxes permanently in future years, immediately jeopardizing the ability of the City to maintain the City's streets, bridges, traffic signals, streetlights, sidewalks and related traffic safety facilities for the use of the motoring public; and WHEREAS, the loss of almost all of the City's gas tax funds will seriously compromise the City's ability to perform critical traffic safety related street maintenance, including, but not limited to, drastically curtailing patching, resurfacing, street lighting/traffic signal maintenance, payment of electricity costs for street lights and signals, bridge maintenance and repair, sidewalk and curb ramp maintenance and repair, and more; and WHEREAS, some cities report to the League of California Cities that they will be forced to eliminate part or all of their street maintenance operations while others will be forced to cut back in other areas (including public safety staffing levels) to use city general funds for basic street repair and maintenance. Furthermore, cities expect that liability damage awards will mount as basic maintenance is ignored and traffic accidents, injuries and deaths increase; and WHEREAS, in both Proposition 5 in 1974 and Proposition 2 in 1998 the voters of our state overwhelmingly imposed restriction on the state's ability to do what the Governor has proposed, and any effort to permanently divert the local 364 Resolution No. 2009- HUTA Adopted: June 16, 2009 Page 2 of 3 share of the gas tax would violate the state constitution and the will of the voters; and WHEREAS, cities and counties maintain 81 % of the state road network while the state directly maintains just 8%; and WHEREAS, ongoing street maintenance is a significant public safety concern. A city's failure to maintain its street pavement (potholes filling, sealing, overlays, etc.), traffic signals, signs, and street lights has a direct correlation to traffic accidents, injuries and deaths; and WHEREAS, according to a recent statewide needs assessment' on a scale of zero (failed) to 100 (excellent), the statewide average pavement condition index (PCO is 68, or "at risk." Local streets and roads will fall to "poor" condition (Score of 48) by 2033 based on existing funding levels available to cities and counties. ------ ------------- ---- - - _ NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE ITY OF LA QUINTA hereby directs the City Attorney to take all necessary_s_teps to )operate with the League of California Cities, other cities and counties in _ ipporting litigation against the state of California if the legislature enacts and the :)vernor signs into law legislation that unconstitutionally diverts the City's share_ of coding from the Highway Users Tax Account (HUTA), also known as the "gas ix." to fund the state general fund; and RESOLVED FURTHER, that the city manager or clerk shall send this resolution with an accompanying letter from the mayor to the Governor and each legislator, informing them in the clearest of terms of the City's adamant resolve to oppose any effort to frustrate the will of the electorate as expressed in Proposition 5 (1974) and Proposition 8 (1998) concerning the proper use and allocation of the gas tax; and BE IT FURTHER RESOLVED, that a copy of this Resolution shall be sent by the city manager or clerk to the League of California Cities, the local chamber of commerce, and other community groups whose members are affected by this proposal to create unsafe conditions on the streets of our City for pedestrians, bicyclists and motorists. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16'h day of June 2009, by the following vote, to wit: 365 Resolution No.2009- HUTA Adopted: June 16, 2009 Page 3 of 3 NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Sea]) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 366 NIELSEN, MERKSAMER, PARRINELLO, MUELLER & NAYLOR, LLP ATTORNEYS AT LAW 1415 L STREET, SUITE 1200 SACRAMENTO, CALIFORN IA 95814 TELEPHONE (916) 446-6752 FAX (916) 446-6106 June 12, 2009 PRIVILEGED AND CONFIDENTIAL ATTORNEY -CLIENT COMMUNICATION TO: Chris McKenzie, Executive Director League of California Cities FROM: Richard D. Mardand RE: Highway Users Tax Account You have asked that we review the Governor's proposal to allocate 25% of the revenues in the Highway Users Tax Account (HUTA) to the state for payment of current debt service and reimbursement of the State for the payment of prior debt service on voter approved transportation -related state issued bonds. The entire 25% is to come from HUTA funds allocable to cities and counties. While one cannot predict how the courts might rule, for the reasons stated below, it is our opinion that the most reasonable interpretation of the relevant constitutional provisions is that reallocation to the state of the cities' and counties' allocation under HUTA would violate Article XIX, sections 3, 5 and 6 of the California Constitution. Proposition 5, placed on the June Primary 1974 election ballot by the Legislature, amended then Article XXVI of the California Constitution (since renumbered Article XIX) to provide cities and counties greater control over their allocation of funds from the Highway Users Tax Account (HUTA). For the first time, authorization was granted to use HUTA funds for the payment of debt service on voter approved transportation - related bonds. (City of Costa Mesa v. Connell (1999) 74 Cal.App.0 188, 195.) Section MAR1N COUNTY OFFICE • 23N KERNER BOULEVARD, SUITE 250, SAN RAFAEL, CALIFORNIA 94901 • (415) 389-680D W W W.NMGOVLAW.COM 367 Chris McKenzie, Executive Director League of California Cities June 12, 2009 Page 2 5 of Article XIX provides that the state and cities and counties may use up to 25% of their respective allocations of HUTA funds for the payment of debt service on voter - approved bonds for research, construction, improvement, maintenance and operation of public streets and highways. Specifically: The Legislature may authorize up to 25% of the revenue available for expenditure by any city or county, or by the State, for the purposes specified in subdivision (a) of Section 1 of this article to be pledged or used for the payment of principal and interest on voter approved bonds issued for such purpose. The Legislature has provided such authority to cities and counties in Streets and Highway Code section 2107.4 and to the State in Government Code section 16965. Neither sections 2107.4 and 16965, nor Article XIX section 5, provide that the State may use the cities' and counties' allocation of HUTA funds to fund the State's debt service on voter approved transportation -related state issued bonds. The Governor's proposal, in essence, reallocates HUTA funds otherwise allocable to cities and counties to the State to meet the State's General Fund obligations for current debt service and to reimburse the General Fund for payments of prior debt service on voter approved transportation - related state issued bonds. The manner in which HUTA funds are allocated to cities and counties is governed by statute (See Streets and Highways Code sections 2100 to 2128.1). Proposition 5 restricted the power of the Legislature to amend these provisions, as they existed when Proposition 5 was adopted. Article XIX, section 3 provides: 'The Legislature shall provide for the allocation of the revenues to be used for the purposes specified in Section 1 of this Article in a manner which ensures the continuance of existing statutory allocation formulas for cities, counties, and areas of the State, until it determines that another basis for an equitable, geographical, and jurisdictional Chris McKenzie, Executive Director League of California Cities June 12. 2009 Page 3 distribution exists; provided that, until such determination is made, any use of such revenues for purposes specified in subdivision (b) of Section 1 of this article by or in a city, county, or area of the State shall be included within the existing statutory allocations to, or for expenditure in, that city, county, or area. Any future statutory revisions shall provide for the allocation of these revenues, together with similar revenues, in a manner which gives equal consideration to the transportation needs of all areas of the State and all segments of the population consistent with the orderly achievement of the adopted local, regional, and statewide goals for ground transportation in local general plans, regional transportation plans, and the Califomia Transportation Plan." (Emphasis added.) Reallocation to the State of 25% of the cities' and counties, total allocation from HUTA is inconsistent with the italicized language, above, and section 5. In effect, the Governor is treating HUTA as a general revenue source which the State may tap to meet its own debt service obligations. The Govemor's proposal is not only inconsistent with sections 3 and 5, but with section 6, added by the Legislature to Article XIX in 1998 as part of Proposition 2 on the November election ballot. Section 6 permits the State to borrow funds from HUTA for one fiscal year, three if the Governor proclaims a fiscal emergency or the estimated revenues for the current fiscal year are less than the aggregate revenues of the preceding year, adjusted for changes in cost of living and population. In the official ballot pamphlet for the November 1998 General Election, the Legislative Analyst, in describing Proposition 2, set forth the general background of transportation funding, stating in part: Currently, revenues derived from the gas tax on motor vehicle fuel used in vehicles on public roads and revenues from fees and taxes on motor vehicles are restricted to specified transportation purposes by the California Constitution. The State Constitution, however, permits these revenues to be loaned temporarily to the 369 Chris McKenzie, Executive Director League of California Cities June 12,2009 Page 4 state General Fund with the condition that the loaned amount must be repaid. The state General Fund supports non -transportation activities such as education, corrections, and health and social services programs. The Analyst then described the changes that would be made by Proposition 2 by stating in part: This measure amends the California Constitution to restrict the conditions under which state transportation funds, Including gas tax revenues, revenues from fees and taxes of motor vehicles and their use, and funds in the Public Transportation Account, can be loaned to the state General Fund. Specifically, loans to the state General Fund In any fiscal year must be repaid within that fiscal year, except the repayment may be delayed up to 30 days after a state budget is enacted for the subsequent fiscal year. Loans extending over the fiscal year may be made only if the Governor declares a state of emergency which would result in a significant negative impact to the General Fund, or if there is a decrease in General Fund revenues from the previous year's level. Loans extending over the fiscal year must be repaid in full within three fiscal years. The Attorney General's title and summary for Proposition 2 stated in part: Requires loans of transportation related revenues to the General Fund be repaid the same fiscal year, or within three fiscal years if the Governor declares an emergency significantly impacting the General Fund or General Fund revenues are less than the previous fiscal year's adjusted revenues. There was no argument in the ballot pamphlet opposing Proposition 2. The argument in support of Proposition 2 stated in part: 370 Chris McKenzie, Executive Director League of California Cities June 12, 2009 Page S Proposition 2 will prevent the Governor and the Legislature from borrowing transportation funds for other purposes except in specified economic emergencies. And it requires a prompt payback when they borrow. PROPOSITION 2 WILL RESTORE CALIFORNIA'S TRANSPORTATION TRUST FUNDS. The reasonable Interpretation of Proposition 2 is that it permits funds from HUTA to be used for General Fund purposes only if borrowed and repaid within the specified periods. To suggest that because Proposition 2 does not expressly prevent an outright diversion of HUTA funds for General Fund purposes, such diversion Is authorized, would ascribe to the Legislature and the Legislative Analyst an intent to deceive the voters. In Giles v. Nora (2002) 100 Cal.App.41h 206, 220 the court stated: "We must select the construction that comports most with the apparent Intent of the Legislature, with a view to promoting rather than defeating the general purpose of the statute, and avoid an interpretation that would lead to absurd consequences." The potential ramifications of the Governor's action on the cities' and counties' allocation of HUTA funds is significant. Reimbursement of the State for payment of prior debt service is merely a means of placing revenues in the General Fund for General Fund purposes not for the payment of existing debt. Thus, under the guise of reimbursing the state for prior payment of debt service, the Governor could determine the aggregate amount paid over time for debt service on transportation -related state -issued bonds, and each year reallocate a portion of the cities and counties allocation of HUTA funds to the General Fund until all prior debt service has been reimbursed. For the reasons stated above, it is our opinion that the most reasonable interpretation of Propositions 5 and 2 is that they do not permit reallocation to the State of the cities' and counties' allocation of HUTA funds through any mechanism other than borrowing in accordance with Article XIX section 6. ROM/mc 371 LEAGUE lJ t 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 OF CALIFORNIA www.cacities.org CITIES TO: Honorable Governor Arnold Schwarzenegger FROM: Judith Mitchell, President Chris McKenzie, Executive Director DATE: June 10, 2009 RE: Impacts of Proposed Prop. 1A Borrowing and Unconstitutional HUTA Raid As you know, cities are suffering the same economic misfortunes as the state, and city councils across the state are making deep cuts in spending for all programs, including staffing layoffs. Critical public safety functions, including traffic safety related street maintenance, would be seriously compromised by your proposals to borrow property taxes and the unconstitutional proposal to take the local share of the Highway Users Tax to pay off state highway bonds. Prop 1A Property Tax Borrowing ($2 billion approx.) • Public Safety at Risk. Public safety makes up 60-80% of typical full service city's general fund budget. Loss of additional general fund support will require public safety reductions in many cities. Oakland Mayor Ron Dellums, where police and fire costs already make up 76% of the $414 million general fund, has already proposed a reduction of 25% of the city's 800 police officers. • Some Cities on the Brink of Insolvency. While most cities are cutting spending as fast as they can to balance with available revenues, a few are on the brink of insolvency and are privately telling us that either the Prop. I A loan or it combined with the unconstitutional HUTA loss would send them into disincorporation or bankruptcy. Highway Users Tax Raid ($1 billion approx.) The Proposal Is Clearly Unconstitutional. Proposition 5 (June 1974 election ballot) amended then Article XXVI of the California Constitution (since renumbered Article XIX) to provide cities and counties greater control over their allocation of funds from the Highway Users Tax Account (HUTA). While 25% of a city's share of the HUTA may be used to pay off local bonds, the local share may not be used to pay for state bonds as proposed by DOE Prop. 5 also restricts how the HUTA shares are reallocated by the legislature and provides: Any future statutory revisions shall provide for the allocation of these revenues, together with similar revenues, in a manner which gives equal consideration to the transportation needs of all areas of the State and all segments of the population consistent with the orderly achievement of the adopted local, regional, and statewide goals for ground transportation in local general plans. regional transportation plans, and the California Transportation Plan." (Emphasis added.) 372 Clearly any wholesale reallocation of the local share of IIUTA to the state would violate this provision in Proposition 5. We will provide you with an authoritative legal memorandum on this subject shortly. • Cities and Counties Maintain 81% of the State's Road System. While the state directly maintains just 8% of the state road network, cities and counties maintain 81 %. • Street Maintenance is a Significant Public Safety Issue. A city's failure to maintain its street pavement (potholes filling, sealing, overlays, etc.), traffic signals and signs, remove snow, and street lights has a direct correlation to traffic accidents, injuries and deaths. • Local Streets Currently "At Risk". City and county streets and roads are currently "at risk" according to a recent Needs Assessment. On a scale of zero (failed) to 100 (excellent), the statewide average pavement condition index (PCI) is 68, or "at risk." Local streets and roads will fall to "poor" condition (Score of 48) by 2033 based on existing funding levels available to cities and counties. • Significant Additional Funding Needed. To maintain the existing street and road network to a level at which you can maintain it in a cost-effective way, it will take $51.7 billion of additional funding. • What Cities Will Do if Funding Taken. According to a League survey currently being completed by cities, cities will cease or drastically curtail street maintenance, including resurfacing, street lighting/traffic signal maintenance, repair and payment of electricity costs for street lights and signals, bridge maintenance and repair, sidewalk and curb ramp maintenance and repair, etc. Some cities report they will be forced to eliminate part or all of their street maintenance departments while others will cut back in other areas (including public safety staffing levels) to shift funds from the general fund to basic street repair and maintenance. The liability damage awards against cities will mount as basic maintenance is ignored. Cost and Loss of Life to the Traveling Public. The personal loss to the public (and their insurers) will increase as vehicle damage and accident levels, injuries and deaths increase. 373 On Thursday, June 11, 2009, the Joint Budget Conference Committee approved the seizure of almost $1 billion in city and county motor vehicle, or gas, tax funds to help close the state's budget. The proposal was approved on a party line vote with democrats voting AYE and republicans voting NO. On Friday, June 12, 2009, the League of California Cities released a legal opinion by a prominent Sacramento law fine that concludes that the proposed seizure is unconstitutional. Prepared by the law firm of Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP, the opinion points out that in both 1974 and 1998, voters imposed restrictions on the state's ability to use gas taxes for debt service on bonds and to divert local gas taxes for the state general fund —precisely what has been proposed by state leaders. Loss of the gas tax funds will seriously compromise cities' ability to perform critical safety related street maintenance such as drastically curtailing street patching and resurfacing, street sweeping, street light and traffic signal maintenance, bridge maintenance and repair, snow removal, sidewalk and curb ramp maintenance and repair, and much more. We need to act quickly and aggressively to fight this proposal. Please take action NOW! ACTION: Call your Assembly Member and Senator TODAY and urge them to oppose taking gax tax funds. NOTE: If you are represented by a Republican on the Budget Conference Committee, please thank them for voting NO and urge them to hold the line and continue to oppose this harmful proposal. Republican Members on the Budget Conference Committee who voted NO are: Senators Dutton and Walters and Assembly Members Niello and Nielsen Democratic Members on the Budget Conference Committee who voted AYE are: Senators Ducheny, Leno, and Lowenthal and Assembly Members Evans, Blumenfield and De Leon SUGGESTED TALKING POINTS • Takinz local zas tax funds blatantly disre ards the rule of law and will lead to the same level of voter outrage as that expressed on May 19. By including a clearly unconstitutional seizure of the local share of the motor vehicle tax (or gas tax) to benefit the state general fund the Committee has shown unfortunate and dangerous disregard for our state constitution and the safety of all Californians who use the city and county streets and roads that comprise 8 1 % of our state's road system. 374 Taking local Las tax funds is illegal. In 1974, Proposition 5 was passed by the voters of California. Proposition 5 provided cities and counties greater control over their allocation of funds from the Highway Users Tax Account (HUTA) and is known commonly as the gas tax. It also restricted the power of the legislature to amend the statutes governing the disbursement of the local share of the funds. In fact, in both Proposition 5 in 1974 and Proposition 2 in 1998 the voters of our state overwhelmingly imposed restriction on the state's ability to do what the Governor has proposed and the Budget Conference Committee approved, and any effort to permanently divert the local share of the gas tax would violate the state constitution. Taking local gas tax funds violates the will of the people. Traffic safety and congestion have consistently topped the concerns of voters in the state as California's streets and roads fall into disrepair. More importantly, voters have consistently stated that they DO NOT WANT THEIR LOCAL TAXPAYER DOLLARS BEING TAKEN TO SOLVE THE STATES BUDEGT PROBLEMS. Taking local gas tax funds will lead to greater injuries loss of lives and property loss. Local gas tax funds are used for basic street maintenance, traffic signal repair, snow removal and pot hole repair. They are the main source of funds for the repair and restoration of roadways that are among the worst in the nation. Deteriorating streets and roads cause more traffic accidents, emergency response delays, and loss of life. They also cost consumers more for auto repairs, and poorly maintained streets and roads increase traffic congestion, vehicle idling times, respiratory diseases and greenhouse gas emissions. Ultimately, crumbling streets and roads also lead to dramatically higher taxpayer costs for road repairs as well. 375 REPORTS/INFORMATIONAL ITEM: =A� 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 March 19, 2009 This meeting of the Historic Preservation Commission was called to order by Chairwoman Puente at 3:01 p.m. who asked for the roll call. CALL TO ORDER A. Roll Call. Present: Commissioners Archie Sharp, Alan Wilbur, Robert Wright, and Chairman Maria Puente Absent: Commissioner Peggy Redmon Staff Present: Planning Manager David Sawyer, Principal Planner Andrew Mogensen, and Secretary Monika Radeva. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Sharp/Wilbur to approve the minutes of February 19, 2009, as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Final Report on Archaeological and Paleontological Monitoring of Earth - Moving Activities at Tentative Tract 33076 Applicant: East of Madison, LLC. Consultant: CRM TECH Location: The Madison Club, South of Avenue 52, East of Madison Street, West of Monroe Street 37o S:\CityMgr\STAFF REPORTS ONLY\RI-HPC MIN 3-19-09.doc Historic Preservation Commission March 19, 2009 Planning Manager Sawyer introduced Principal Planner Andrew Mogensen and stated the Commission would be working with different staff members in the future. Each planner would be responsible for handling all aspects of their cases as opposed to having only one staff member responsible for the historical and cultural aspects of all of the cases. Principal Planner Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Planning Manager Sawyer said, as noted in the staff report, only the management summary was included in the packet because of the sensitivity of the information. However, if the Commissioners wished to review the full reports they were available at the Planning Department. Commissioner Sharp asked if staff could include a copy of the map of the project area. Staff replied vicinity maps would be included for future projects. There being no further comments the Commissioners approved the Final Report on Archaeological and Paleontological Monitoring of Earth - Moving Activities at Tentative Tract 33076 as submitted by staff. 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 listing which detailed the available workshops and meeting schedule for the Conference. He asked the Commissioners to review the materials and inform the Planning Staff by Monday, March 23, 2009, as to which sessions they would like to attend; particularly the ones that would require additional funding. There was general discussion regarding previous Historic Preservation Conferences and reimbursement limits. Planning Manager Sawyer encouraged the Commissioners to be frugal in their workshop selections in light of the current economic 377 C:\Documents and Settings\mradeva\Local Settings\Temporary Internet Files\OLK5\HPC_MIN_3-19- 2 09 Approved.doc Historic Preservation Commission March 19, 2009 conditions. He stated that carpool arraignments will be available as the City would not provide reimbursement for transportation. Discussion followed on the various Conference sessions. Commissioner Sharp asked if he could drive on his own to the Conference. Staff replied he could if he chose to do so. Commissioner Sharp asked if it was obligatory to attend the conference. Staff replied it was not obligatory. Commissioner Wright commented on the training requirements needed to retain Certified Local Government (CLG) status and that this was an opportunity to meet those requirements. Discussion followed regarding membership in the California Preservation Foundation, attendance at the Annual Conference, and CLG requirements. Commissioner Sharp asked when the registration passes for the Conference would be distributed. Staff replied each Commissioner would need to check in at the Conference registration desk on the first day of attendance; however, the registration forms with the classes the Commissioners would like to attend must be completed, submitted, and paid first. Staff encouraged the Commissioners to return the completed registration forms at their earliest possible convenience. Planning Manager Sawyer informed the Commission that the meal allowance per day was $75 and alcoholic beverages were not included. He suggested the Commissioners and he meet for dinner one evening to discuss their experiences of the Conference and the information provided at the workshops. Planning Manager Sawyer said a packet would be put together with all of the information for the Conference and mailed to the Commissioners by April 7, 2009. Commissioner Wright said he would not be able to attend the Conference because he would be out of town. VII. COMMISSIONER ITEMS: A. Commissioner Wilbur said Commissioner Redmon and he attended the City of Rancho Mirage Historic Preservation Commission Presentation 373 C:\Documents and Settings\mradeva\Local Settings\Temporary Internet Files\OLK5\HPC_MIN_3-19- 3 09 Approved.doc Historic Preservation Commission March 19, 2009 "A Young City Rich in History" on February 24, 2009. Commissioner Wilbur gave a brief overview of the event. Vill. PLANNING STAFF ITEMS: A. Planning Manager Sawyer said the April Meeting will be cancelled due to the upcoming Historic Preservation Conference. The next regularly scheduled meeting would be on May 21, 2009. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Wilbur/Sharp to adjourn this Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on May 21, 2009. This meeting of the Historic Preservation Commission was adjourned at 3:28 p.m. Unanimously approved. Submitted by: Monika Radeva Secretary 379 P:\Reports - CC\2009\6-16-09\HPC_MIN_3-19-09_Approved.doc 4 Department Report: a, 9 /- A TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services DATE: June 16, 2009 SUBJECT: Department Report — Response to Public Comments The following public comments were made at the June 2, 2009 City Council meeting: 1. Barbara Larson, 79-255 Rose Dawn, addressed a petition in opposition to releasing bonds for off -site improvements at the Watercolors development. She asked the City to look into the matter on behalf of their Homeowner's Association (HOA) and withhold bond funds until improvements have been completed. Mayor Adolph asked the Watercolors HOA representatives to contact the Director of Public Works, Mr. Jonasson. 2. Wayne Wianecki, 47-895 Dancing Butterfly, expressed his concern of accepting improvements without completing street and ground cover materials in the Watercolors development. He stated that if the HOA had to provide funds for the improvements, this would deplete the funds and increase the HOA fees for residents. He asked the City Council's assistance in reviewing this matter further. Mayor Adolph asked Mr. Wianecki to meet with the Director of Public Works, Mr. Jonasson to discuss the issues. • 380 / -1b Tihr 44Qu&rw MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, As i ant City Manager — Development Services DATE: June 16, 2009 SUBJECT: Quarterly Marketing Report Per the City's contract with Kiner Communications, the fourth Quarterly Marketing Report for Fiscal Year 2008-2009 is attached. 381 K in e r C U M 111 UP 1 i 3# i 4 ft s Quarterly Marketing Report City of La Quinta Marketing Plan Implemented by Kiner Communications Fourth Quarter 2009 COMPLETED: Tourism Website — Designed, built, and launched PlayinLaQuinta.com tourism website, which has information on Stay, Play, Shop, and Dine in La Quinta for visitors and residents. (See attached) Shopping Map — Researched La Quinta businesses and compiled a list of those appropriate to be featured on a La Quinta shopping and dining map. Designed map as a printed version as well as an interactive version for the PlayinLaQuinta.com website. Spring Events Local Marketing Campaign — Designed and updated ads for spring advertising campaign geared towards promoting key events, such as the Chamber of Commerce Car Show, Art Under the Umbrellas, the City Picnic, Certified Farmer's Market, First Fridays at the Museum, and Movies in the Park. Ads were published in Desert Entertainer, La Quinta Sun, and The Desert Sun. (See attached) Village Cooperative Marketing Program — Created and implemented a shoulder season Village Cooperative Marketing Program with Village partners (Old Town La Quinta, SilverRock, and Embassy Suites La Quinta) featuring a Desert Entertainer custom package spanning over 11 weeks/issues. It included a two -page spread on the La Quinta Village and individual editorial coverage and cover photos of each partner as well as a full -page cooperative ad with all partners which was printed on gloss paper; it also included half -page ads for each partner that rotated each week. The campaign also involved half -page Desert Sun ads for high -traffic Memorial Day and 4s' of July 382 weekends. (See attached) Spring & Summer Newsletters — Produced spring and summer City newsletters, which were mailed to all La Quinta households. Feature stories included: Enjoying La Quinta trails, a "shop local" message, announcement of PlayinLaQuinta.com website, information on the City's Code Compliance Grant Program, ideas for stay-cationing in La Quinta, neglected pools and their consequences, the Chamber's Band of Locals program, and an article on the La Quinta Village. Public Relations — Wrote and distributed press releases regarding the launch of the PlayinLaQuinta.com website, the new Astronomy exhibit and science camps at the La Quinta Museum, and the La Quinta Museum's Anniversary as well as distributed staff - prepared releases on the California Redevelopment Association's award of excellence for Vista Dunes, National Public Works Week, announcement of classes at the La Quinta Senior Center, City/CV WD's Water Waste Help Line, and La Quints Preliminary Budget for Fiscal Year 2009-2010. (See attached) Hotel Cooperative Marketing Program — Worked with La Quinta hotels to develop landing pages on PlayinLaQuinta.com to be incorporated as part of the online pay -per - click advertising project currently underway. 333 > � I � F L� o r y" �1" �fl u ' T.` � �� 7 ! Y 'r .. `Jf� �� . e C ' fi .t .rr ... ...h� r" r = tr. ' z - „ •�?� � ,'. r � F � - - _ �; - z., 41 i M ;� '� y :L _ �" C � i � �� ;n.? •�� ' �� ..T � a p� / J wramnka nI L 'LAQUINTA RESTAURANT WEEK June 30-June 19 14participating La Quinta restaurants offering special dinner menus! More Information: www.LcLQuintaRestaurant Wee k.com OPEN AIR CINEMA - "MADAGASCAR: ESCAPE 2 AFRICW Friday, June 12 -�,.. 8:00 P.M. ;r Event Lawn in Old Town La Quinta Bring a blanket or lawn chair and enjoy a free movie under the stars! "t LA QUINTA YAPPY HOUR Tuesday, June 23 6:00-8:00 p.m. Old Town La Quinta Enjoy "Happy Hour" with your precious pooch! well-behaved, leashed dogs and their human companions welcome! Benefitting Guide Dogs of the Desert. SUMMER EXHIBITS AT LA QUINTA MUSEUM Explore exhibits like Pioneer Families in La Quinta, an Abraham Lincoln Exhibit, and 400 Years of Astronomy (offering a s; free space camp for children) 77-885 Avenida Montezuma (La Quinta Village) More Information: (760) 777-7170 I 211 q R, !01 ABC La Quinta is filled with great shops ranging from national favorites to one -of -a -kind boutiques — and just about any dining experience you're in the mood for. Discover the many ways to "play" in La Quinta! a + -- GEM "Jthe DESERT -- 385 5 S (iEM tj1M DESERTI.,.." +CITY OF ,LA QUIRTA i The I. Quint+ Village is located in the heart of La Qumm This quaint and 'eharming destination offers the y ! £neat of amenitiea,t.SAop, dine and play to your heatt s - - ,content Stroll through the brsathtakirig Civic Center - - Campus -'Explore ezhihits and cultural events it the La -'Quetta Museum 77 88g Avenida Monte zuma •Enjoy public act, hiking, movies in the park; and much more! JwnvsrU quints org:76o:7777xo8 , �- �'y ' s ° t,.. $ 7 . SILVERROCK RESORT � a I''F •Immaculate course conditions and GPS golf carts r''''s • Beautiful outdoor patio dining area and grill * = 1' g�' °{. sue'www.Silv.cR.ck..cg-Tee times: 760.777,888t EMBASSY SUITES LA•QUINTA Y `Embassy Su rie` La Quints oEfera beautiful � mo "tam mews spacious casitas and a 1 .' world class spa Eull cooked to order, s, n zbreakfast -^Ma age s recepiion everyday' ^<'Hote]'guests enjoy freedrinks &food 53073o S. Special Offer=Cafe LQ, Buy'.uee'nIce'cIk et the second half off pa Hibiscus Sport+Massage t 'Sped.] offers`,balyd th o ghj/St/og +. EmbassySusteslaQumtaHotelAndSpa cum uu i PLD T�T�yVs/11 '\ •r %4 R Y r" e e ^s Fir u , M ' 7 $ s, �w O LD`T;OWN A QUIN'I'A• ° I Th'�dljoppyig Sudtr%n"gtdtstrlctatt theliew of the: La Qu via iYtllage -no it shopa:'restaurants, ap;, serncas goirkxnet coffee ?Ana,bsr pottery • atutjra and more � . 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CJTY OF LA'QUINTA You're mmutesam0 from the charming and vibrant La Quinta Village! !Dine at delectable eateries, from quaint bistros to fine patio dining . - a,Sholione-of-a-kind specizliy stores featuring fashion, jewelry, art, and' 4 ' more • Relax and unwind atone of the. exquisite hotel properties in r W Golf at one of many golf including the the Village thampioti hip course atSilverRock Resort •Enjoy exhibits and quiet time at Li Quinta's new museum and state-of-the-art library r • Stroll through the breathtaking, art -sprinkled Civic Center Park • Explore the City,'s'scenic hiking and biking trails ' Shops and restaurants also located along U Quinta's Highway III Corridor." g60.777�7108 •www.PlayInLaQuinta.com' � d � + 'OEM tb4o BT! ¢ , 387 7 LIAGE age'Di9triet re ers rr ndbar ageTherapy ites tistro itern Bank i Accesso1. ries Desert Club Salon _. ffce t 'Statiort �"' ing alon f 3arber Shop r �� 'aoadena' Plaza Shops -la Quin Audrey's Clpset .'4. , Brighton Desert Ca i rma Fme A "`- Goffee Market .y .lifestyle Gallery Bally's Cleaners Oasis at Spa Boutique at Old Town • `� . •PGA WEST® Greg Norman Desert Design Group NG SOON >., t. Golf Proshop Devane's Old Town Resort&Club` '-PGA WEST®Stadium Golf Elizabeth and Prince Pro Shop - Fashion Nails Ralph Lauren" - Hoes Breath Inn :arts-+�-.Studios _� -Homecjewelers ian. C Tommy Bafiamas ', Just Boni at Home Tumbleweeds;' - La Jolla Bank ..;,Twenty 6-; - La Quints Playhouse lountiin/Dunes '.;:Old Town La Quints - Lilyofthe Valley } , `. 'Alankara Salon ' Old Town Artisan Studio Suck As -Tune Goes By, Old Town Cellar GEM .ofU,eDESERT— (760) 777-7090 www.la-quinta.org www.playinlaquinta.com 'Old Town Coffee Company Great Clips Old Town Optometry. Mint Cleaners Rich& Famous Celebrity Pizza Hut _ :. Jewelry Ralphs Salon Montana Soul of China Stuft Pizza - Starbucks TarahJade Boutique Subway Tink Boutique , Video Depot Viva Cantina - . 'pkva Estado La Quinta Village Silverhawk Center ShoppingCenter Studio Hair&Day Spa " Bunz Chapelli's ` -, '- SilverRock Resort Discount Dry Cleaners 'SlverRockGolf Shop .Grille&Patio 388 L K i n e r Communications NEWS SERVICE FOR IMMEDIATE RELEASE FOR IMMEDIATE RELEASE Contact: Scott Kiner Kiner Communications 760.773.0290 ext 224 THE CITY OF LA QUINTA LAUNCHES NEW WEBSITE AND ONLINE MARKETING PROGRAM La Quinta, CA, April 22, 2009 — Poised for continued economic growth and success, the City of La Quinta enhances its online marketing efforts as part of a new cooperative program with La Quinta hoteliers. The project includes a new tourism website (www.Pl4yinLaQuinta.com) and an online marketing program that will highlight La Quinta as a premier tourist destination. The new website features a complete, detailed list of all La Quinta shops and restaurants and includes a downloadable shopping map for easy reference. There are several additional resources for travelers to use, including a complete listing of hotels, golf courses, tennis courts, bike paths, hiking trails, and a calendar of events. PlayinLaQuinta.com will be a valuable marketing tool for the City to help influence travelers' decisions of where to stay and play while visiting the Coachella Valley. In addition, the City of La Quinta is participating in an online search engine advertising program that is designed to target travelers from Los Angeles, Orange County, and San Diego. The program is in direct response to the fact that 80% of travelers go online when planning their trips, with search engines (Google, Yahoo!, etc.) being their primary means of finding information on the destinations they plan on visiting. The online advertising program will position ads on search engine result pages directing searchers to La Quinta's new tourism website. 389 "Our goal is to attract more visitors to La Quinta. We want them to stay in our hotels, shop at our stores, dine at our restaurants, and enjoy the wonderful events and amenities La Quinta has to offer," says city manager, Tom Genovese. "The new tourism website is a great tool that showcases La Quinta. and allows us to take our marketing efforts to the next level, adds Genovese. "Through our cooperative online advertising with La Quinta hotels, we're able to leverage marketing dollars and bring potential travelers directly to our La Quinta hotel page." Tourism is the Coachella Valley's number one industry and employer. By increasing the number of visitors to the City of La Quinta, the City hopes to help the local economy by bringing more people to La Quinta to stay, play, shop, and dine. This generates new jobs and increases revenues from sales tax and hotel occupancy taxes, all of which contribute significantly to the General Fund to pay for a variety of vital City services and programs. The City of La Quinta has implemented these marketing programs as part of its 2008- 2009 City Marketing Plan with the expert assistance of its professional marketing firm, Kiner Communications. Contacts: Scott M. Kiner 760-774-8666 cell Kiner Communications 73101 Hwy 111, Suite 4 Palm Desert, CA 92260 760-773-0290 x224 �..._ 390 10 K 1 n e r C o In m u n i c a ti o n s NEWS SERVICE FOR IMMEDIATE RELEASE For Immediate Release Contact: Scott Kiner 760 773 0290 ext 224 LA QUINTA MUSEUM OPENS NEW ASTRONOMY EXHIBIT La Quinta Museum will open new astronomy exhibit featuring photos from the Hubble Telescope, tiles from Space Shuttle, and more. LA QUINTA, CA (May 13, 2009) — The La Quinta Museum, on Avenida Montezuma in La Quinta, is taking visitors on a mission out of this world. May 22 — September 30, guests will be able to enjoy photos and artifacts from outer space, hear guest speakers from the science and astronomy community, and experience life on another planet. The new 400 Hundred Years of Astronomy exhibit begins with an Opening Reception where they'll be serving guests freeze-dried astronaut ice cream and space -travel fruit on Friday, May 22nd from 4:30 p.m. to 6:30 p.m. The exhibit runs throughout the summer until the culmination on September 30th with a "Star Party" featuring stargazing with telescopes provided by local astronomy enthusiasts. The walls of the gallery will feature approximately ten 37"x 48" foam -backed posters of color photographs from the Hubble Space Telescope. Along the back wall will be a 3D panoramic foam backed poster from one of the Mars rovers. Visitors will be able to put on 3D glasses and feel like they are actually walking on Mars. Some of the artifacts on display will include: a meteorite, a used tile from the Space Shuttle, sextant, Galileo scope, a tactile model of the Martian landscape, models of the Voyager, Galileo and Stardust probes, telescope, mars rover model and a scale mobile of the Solar System. The museum will also be having a 5-week long "Science Camp" offered for free, courtesy the City of La Quinta and the La Quinta Museum, to introduce kids ages 7-12 to space -related science. The program begins Wednesday, June 17th at 2:30 and will last one hour every week. Parents are asked to call ahead to reserve placement for their children. Story Time will continue the first Wednesday of each month and will feature space related titles. There will be ongoing speaking events throughout the course of the exhibit featuring scientists from the Jet Propulsion Laboratory guest speaker bureau, along with local astronomy enthusiasts from the La Quinta area. For more information call 760-777-7170. The La Quinta Museum is located at 77-885 Avenida Montezuma in La Quinta. 391 11 K i n e r C o In m u n i c a t i o In s NEWS SERVICE FOR IMMEDIATE RELEASE Contacts: Scott M. Kiner Kiner Communications 760-773-0290 Media Advisory La Quinta Museum to Host Anniversary Celebration (La Quinta, CA) The La Quinta Museum will mark its first anniversary with a free, open to the public, celebration this Friday, May 1st from 4:30 p.m. - 6:30 p.m. The event will include the dedication of the historical La Quinta Mural, Youth Symphony performance, animals from the Living Desert, and more! For more information, call (760) 777-7170. The La Quinta Museum is located at 77-885 Avenida Montezuma. Hours of operation are Tuesday -Saturday, 10:00 a.m. to 4:00 p.m. The new La Quinta Museum opened on May 24, 2008. The new building includes archives, a research area, a catering kitchen, three galleries, a museum store, a stunning courtyard, and a multipurpose room. The two-story Spanish Colonial Revival style building will host local and traveling exhibits, programs, lectures, and cultural activities. The 9, 000 square foot expansion was a project of the City of La Quinta. WHAT 1 st Anniversary Celebration of the La Quinta Museum WHEN Friday, May 1st 4:30pm — 6:30pm WHERE La Quinta Museum 77-885 Avenida Montezuma La Quinta, California MORE INFO For more info, call 760-777-7170 39212 K i n e r C o m m u n i c a t i o n s NEWS SERVICE FOR IMMEDIATE RELEASE Contacts: Scott M. Kiner Kiner Communications 760-773-0290 March 31, 2009 FOR IMMEDIATE RELEASE: LA QUINTA REDEVELOPMENT AGENCY HONORED BY STATEWIDE ASSOCIATION WITH AWARD OF EXCELLENCE FOR ITS VISTA DUNES COURTYARD HOMES PROJECT Vista Dunes is an in -fill work force housing complex that is affordable to very low- income households and embraces sustainable building principles. It is recognized as the largest affordable housing project in the country to achieve LEED Platinum certification. Completed in May 2008, the La Quinta Redevelopment Agency partnered with National Community Renaissance to build this 80-dwelling multifamily rental community. The 9.5-acre park originally opened in 1956 as a travel trailer recreation facility, but it was converted to permanent residential housing in 1980. When the redevelopment agency acquired the property in May 2004, the park was overcrowded, had failing infrastructure, and many of the mobile homes were dilapidated and unsafe. The development of Vista Dunes addressed inadequate street, drainage, and sanitary sewer infrastructure problems. The affordable work force housing built is energy efficient, water efficient, and features locally sourced, recycled and renewable materials. It is well -located within a half mile of many community resources, including two community parks, two schools, a bank, daycare facilities, a grocery store, and many restaurants. Amenities include an onsite basketball court, swimming pool, community center, tot lot, and play areas. The units are oriented to minimize solar heat during the summer, deep overhangs shade south -facing windows, landscaped trellises shade western -facing walls, and ventilation is enhanced by open light wells with operable windows. In addition, photovoltaic solar panels have reduced residents' electric bills by $730 a year on average. 393 13 Other Green amenities include tankless water heaters, radiant barrier roof sheathing, drought tolerant, indigenous plants, dual flush toilets, low -flow shower heads and faucets, and water efficient front loading washing machines. Vista Dunes is an excellent example of how sustainable development and redevelopment go together to build better communities. Representatives from La Quinta Redevelopment Agency will receive their CRA AWARD OF EXCELLENCE at the 2009 CRA Annual Conference and Expo in Monterey on April 1. The ceremony will be held from 12:00 to 2:00 p.m. in the DeAnza Ballroom at the Portola Hotel. Contact Doug Evans, Assistant City Manager for the La Quinta Redevelopment Agency, at (760) 777-7000 for further information on the Vista Dunes Courtyard Homes Project. Please contact Judy Jennemann of CRA at (916) 448-8760 for a press pass if you would like to attend the ceremony. CRA represents redevelopment agencies and allied firms throughout the state of California in responding to legislative proposals and administrative regulations, providing member services, conducting training and professional development events, and providing public information regarding redevelopment law and activities. CPA is a statewide, nonprofit corporation comprised of over 361 redevelopment agencies and over 333 private sector firms. About the CRA Award of Excellence Each year the California Redevelopment Association gives Awards of Excellence to recognize redevelopment projects from around the state that have significantly benefited their communities. This is the twelfth year CRA has honored the hard work and dedication of the professionals working in the redevelopment field. Award nominees are evaluated based on their efforts to improve physical conditions in their communities; the extent of community participation in and benefit from the project; the economic viability and fiscal. stability of the project; and unique, effective project design solutions. Each project is further evaluated based on criteria specific to the eight award categories: Mixed -Use Development; Residential Development (new construction); Residential Development (rehabilitation); Community Revitalization; Public Spaces & Linkages; Special Citation; Sustainable Development; and Education, Marketing and Promotion. Over 400 individuals will attend the awards ceremony. CRA Executive Director John Shirey will be the Master of Ceremonies for this year's event. CRA President Jim Kennedy of the Contra Costa County Redevelopment Agency will help present the Awards of Excellence. The CRA Award of Excellence winners are as follows: 394 14 Redevelopment Agency Pro'ect Cateeory West Covina Redevelopment West Covina Commercial Center and Community Revitalization Agency Sports lex Building a Better Long Education, Marketing & Long Beach Redevelopment Agency Beach Promotion Glendale Redevelopment Agency Americana at Brand Mixed -Use Development Santa Barbara Redevelopment El Carrillo Homeless Residential Development — Agency Housing Project New Construction Sacramento Housing and Mills Residential Development — Redevelopment AgencyGlobe Rehabilitation Chico Redevelopment Agency City Plaza Redevelopment Project Public Spaces & Linkages Alameda Alameda Community Improvement Theatre/Cineplex/ Special Citation Commission Parking Structure Project Vista Dunes Courtyard Sustainable Development La Quinta Redevelopment Agency Homes NOTE TO EDITORS —Descriptions of all the winning redevelopment projects are available upon request from CRA. Contact Randi Dixon of CRA at (916) 448-8760 for additional information. 395 15 �. il� �,� u 4 Qwkra — GEM of,h, DF.SFR'r — FOR IMMEDIATE RELEASE FOR ADDITIONAL INFORMATION CONTACT: BRET PLUMLEE, ASSISTANT CITY MANAGER (760) 777-7035 CITY OF LA QUINTA WELCOMES LA QUINTA HIGH SCHOOL STUDENTS IN CELEBRATION OF NATIONAL PUBLIC WORKS WEEK LA QUINTA, CA (May 12, 2009) -- The City of La Quinta continues their annual participation in National Public Works Week, May 17-23, 2009, by hosting a visit from ten La Quinta High School students interested in engineering. The City of La Quinta's Public Works Department is once again hosting a meeting with La Quinta High School students who are interested in engineering as a career. In coordination with Carol Ramirez, Counselor at La Quinta High School, 10 students will visit with the public works management team and learn about public works projects. "The community plays an important role in the education of our students," says Ramirez. "We're extremely grateful to the City of La Quinta and Mayor Adolph for such an amazing opportunity. All of these students plan on pursing a degree in engineering so meeting with the city's public works staff offers them a window to their future. They can't wait!" The student's annual visits can result in summer internship opportunities. Date: Thursday, May 21, 2009 Time: 12 Noon — 1:00 PM Place: La Quinta City Hall, Study Session Room 78495 Calle Tampico La Quinta, CA 92253 Topics: Special welcome by Mayor Don Adolph, and PowerPoint presentation covering: traffic engineering, capital improvement projects, construction, development, and maintenance. A capital improvement project that will be highlighted during the presentation is the recently completed Avenue 52 Bridge Project, located just east of Jefferson Street. Designed by LAN Engineering with contractor services provided by Mocon Corporation, the project widened the existing bridge over the canal from two lanes to four lanes. The project also included a new wall in front of the nursery, a new median with landscaping, and parkway landscaping on the north side of 396 16 the road. The total cost of the improvement was $2.4 million with $1.5 million slated for construction costs; with funding coming from the City's Developer Impact Fee and Art in Public Places (for the decorative bridge railing). Mayor Don Adolph spoke highly of the upcoming engagement. "It's always a pleasure to speak to young people, especially about such an important topic. Infrastructure is at the core of our quality of life... and if we can relay this message and get students excited about public works as a career, we're doing our part to ensure quality of life for future generations." About National Public Works Week (NPWVig: National Public Works Week is observed each year during the third full week of May. Through NPWW and other efforts, the American Public Works Association (APWA) seeks to raise the public's awareness of public works issues and increase confidence in public works employees who are dedicated to improving the quality of life for present and future generations. NPWW is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works. Instituted as a public education campaign by APWA in 1960, NPWW calls attention to the importance of public works in community life. The week seeks to enhance the prestige of the often — unsung heroes of our society —the professionals who serve the public good every day with quiet dedication. The occasion is marked each year with scores of resolutions and proclamations from mayors and governors, as well. Some special highlights of NPWW include a United States Senate resolution affirming the first National Public Works Week in 1960, letters of acknowledgment from Presidents Dwight Eisenhower and Lyndon Johnson, and a Presidential Proclamation signed by John F. Kennedy in 1962. Contact information: Timothy R. Jonasson, Public Works Director/City Engineer Phone: (760) 777-7042 Email: tionasson(a_la-quinta.orq 391 `VA — GFAI of the DESE: R'I' — FOR IMMEDIATE RELEASE FOR ADDITIONAL INFORMATION CONTACT: BRET PLUMLEE, ASSISTANT CITY MANAGER (760) 777-7035 CITY OF LA QUINTA OFFERS PRESENTATIONS, HEALTH SCREENING, & CLASSES Evening Dance —Friday, June 5, 6:00 p.m. - 8:30 p.m. Evening Dance with the Al Apodaca Band playing Latin and ballroom dance music. Light refreshments served. Fee: $2 (reservations preferred). Patents Copyrights & Trademarks —Monday, June 8, 10:00 a.m. - 11:00 a.m. An informational presentation by Patent Attorney William Lane. Your creative ideas will need protection (reservation required). FREE Personal Assistant —Wednesday, June 10, 10:30 a.m. - 11:30 a.m. Lisa Moyer personal assistant will highlight services offered (reservation required). FREE Bone Density Screening —Friday, June 12, 10:30 a.m. - 12:30 p.m. Bone Density Screening with MD Health Care Plan (appointment required). FREE Senior Foot Care —Wednesday, June 17, 10:30 a.m. - 11: 30 p.m. With Fanny Ramirez of La Quinta Residence Elderly Care (reservation please). FREE Hawaiian Luau —Thursday, June 18, 11:30 a.m. Come and experience a little bit of island flair and flavor. Cost is $1. Balance Joint & Grip Screening —Friday, June 19, 9:00 a.m. - 11:00 a.m. Eisenhower Medical Center is providing Balance, Joint, and Grip Screening at the Senior Center (appointment required). FREE ...: 398 M Scooter Presentation —Friday, June 19, 10:00 a.m. — 11:00 a.m. "Preventing Falls & Scooter Demonstration" presentation with the Scooter Store (reservation please). FREE Home and Auto Insurance —Monday, June 22, 10:30 a.m. — 12:00 p.m. Yosemite Pacific Insurance Services, LLC offers information on home and auto insurance (reservation please). FREE Estate Planning —Wednesday, June 24, 10:30 a.m. — 11:30 a.m. "The Basics of Estate Planning" an educational opportunity to assure the orderly transfer of your assets tomorrow with Neil Dymott, Attorney (reservation required). FREE Reverse Mortgage Information —Tuesday, June 30, 10:30 a.m. — 11:30 a.m. Wealth Creation & Preservation, learn about Home Equity Conversion Mortgage (Reverse Mortgage) that is regulated by HUD with Judah Chen, Financial Strategist (reservation required)• FREE CLASSES The following classes will be offered at the La Quinta Senior Center during the month of June 2009 • Mat Pilates — Classes offered Mondays, Wednesdays & Fridays, June 1 through June 29, 8:15 a.m. - 8:45 a.m. $35 session and drop -in fee is $7 (per class). • Morning Workout — Classes offered Mondays, Wednesdays & Fridays, June 1 through June 29, 9:00 a.m. -10:00 a.m. $16 session and drop -in fee is $4 (per class)• • Soft Core Touch — This new class consists of gentle exercises using weight balls. Mondays & Wednesdays June 1 through June 29, 10:15 a.m. - 11:00am. $15 session and drop -in fee is $3 (per class). Material fee is $10 (purchase balls from instructor). Yoga for Health — Exercise classes Tuesdays, June 2 through June 30, 11:15 a.m.-12:00 p.m. $35 session/drop-in fee is $10 (per class). • Tai Chi Intro —This FREE summer class offered by the Arthritis Foundation provides an introduction to the benefits of tai chi movements. Tuesdays, June 9 through June 23 from 10:15 a.m. - 1 1:00 a.m. 399 IS • Traditional Tai Chi —Tai Chi classes offered Tuesdays & Thursdays, June 2 through June 25 from 2:30 p.m. - 3:30 p.m. $45 session and drop -in fee is $10 (per class). • 1,2,3,4 Dance — Have fun learning popular social ballroom dancing. Offered Thursdays June 4 through July 9, 2:00 p.m. - 3:00 p.m. $42 session and drop -in fee is $7 (per class). • West Coast Swing — Learn the basic fundamentals of the laid back style of swing dancing. Tuesdays, June 4 through July 7, 12:30 p.m. - 1 :30 p.m. $42 session and drop -in fee is $7. • Mature Driver Training — One -day class offered Thursday, June 25. If you need to brush up on the written test (possibly receive a discount from your insurance), then this is a great place to start. 8:30 a.m. - 4:00 p.m. Cost is $16 paid to instructor. • Watercolor — Beginning and Intermediate students will be introduced to color theory, design, and composition. Offered Thursdays, June 4 through July 9, 9:00 a.m. - 12:00 p.m. Cost is $75 and $17 per class. • Sketching & Drawing — Participants will learn the techniques and basics of drawing. Wednesdays, June 3 through July 1, 9:00 a.m. - 12:00 p.m. $75 session and drop -in fee is $17 (per class). • Quilting for Good Times — A group of volunteers that make quilts for Ronald McDonald Camp meet every Thursday from 1 :00 — 4:00 p.m. all year. FREE Computer Classes — A variety of classes offered in the month of June - Basic Computer, Word Processing level 1 & 2, E-Mail, Basic Internet - List & Labels, Files & Folders, Simple Spreadsheets -Ms Excel - Digital Photography, Photo Editing 1, 2, 3 & 4 - New laptop users -Vista Information on times, registration, and fees: La Quinta Senior Center 78-450 Avenida La Fonda in La Quinta Tel. (760) 564-0096 www.la-quinta.org (Community Services) 400 20 Contact: FOR IMMEDIATE RELEASE April 22, 2009 Bret Plumlee, Assistant City Manager City of La Quinta (760) 777-7035 City of La Quinta and CVWD Launch New Water Waste Help Line La Quinta, CA — The City of La Quinta, in cooperation with the Coachella Valley Water District (CVWD), is launching a Water Waste Help Line to identify and prevent water waste and protect the Coachella Valley's most precious resource: water. Under the pilot program, City residents who witness water waste can report it to the Help Line and City and CVWD staff will investigate the cause and help the responsible party adopt more efficient irrigation practices. Some irrigation problems will be marked with a yellow flag and accompanied by a green door hanger. If you receive a door hanger and/or a yellow flag on your property, this indicates you have water waste and the City and CVWD want to help you fix the issue. Here are some examples of water waste: ➢ A water meter running continuously indicates that there may be a leak either inside or outside the house. Leaks can waste up to 200-800 gallons per day; ➢ A broken sprinkler head, marked by a yellow flag can cause water waste; ➢ A leaky irrigation valve on your property can cause water waste; and ➢ The irrigation system is running too long or overshooting the landscaping, causing the ground to be saturated and water to run down the street and/or sidewalk. The Help Line is a pilot program only within the City of La Quinta. It is part of the City of La Quinta and CVWD agencies Cooperative Landscape Water Management Program which provides financial incentives to qualified property owners in the City who convert from grass lawns to low water -using landscaping. Whether you want to learn more about converting the landscaping of your residence by replacing water -consuming plants with beautiful native and drought -tolerant plants, or using a weather - based irrigation controller to ensure efficient irrigation, the City and CVWD want to help you conserve water! To report water waste in the City of La Quinta, call the new Help Line at (888) 398-5008. For more information on the Water Waste Help Line or the Cooperative Landscape Water Management Program, call (760) 777-7108. #### 40f21 /- a Vim` 0_7 ih am& y OF TtR FOR ADDITIONAL INFORMATION CONTACT: BRET PLUMLEE, CITY MANAGER'S OFFICE 760-777-7065 FOR IMMEDIATE RELEASE CITY OF LA QUINTA APPROVES BALANCED PRELIMINARY BUDGET FOR FISCAL YEAR 2009/2010 LA QUINTA, CA (June 10, 2009).... The City of La Quinta's City Council approved its Fiscal Year 2009/2010 Preliminary Budget at their special meeting on June 9, 2009. Due to the significant downturn in the economy, the City had to close a gap of over $4.0 million in order to balance its preliminary budget for Fiscal Year 2009/2010. The City's General Fund revenues, down more than $4.3 million from Fiscal Year 2008/2009, prompted the City to cut expenditures of more than $4.5 million. Expenditures reductions were made in every department and three contract employees in the Building and Safety Department, along with two in the Public Works Department, have been eliminated. Major cuts in General Fund expenditures include the following decreases: Public Works Department, $2.02 million; General Government, $895,000; Community Services Department, $465,000; Planning Department, $456,500; Building and Safety Department, $415,500; City Clerk's Office, $137,300; and Finance Department, $104,400. Also included in the General Fund expenditures reductions were cuts to Internal Service Fund charges of $1.226 million, which consisted of the following: Equipment Replacement Charge decrease of $650,000; Park Maintenance Fund decrease of $413,000 and Information Technology decrease of $163,000. Four City positions were reduced due to vacancies and, subsequently, will not be filled. One grant -funded Motor Officer position for the Police Department was eliminated as a result of the expiration of a grant. However, the Police Services budget, which represents 27.7% of the City's total General Fund budget, was increased by $364,000. This is mainly attributable to a $21 2,000 increase in labor costs and $105,000 included in the budget to support the Bob Hope Classic Golf Tournament. "While the City of La Quinta continues to be concerned about the downturn of the local economy and its impact on local businesses, City Council has made every effort to maintain high safety standards and the outstanding quality of life residents and businesses have come to expect," said Don Adolph, Mayor of La Quinta. "This has been a City-wide effort to cut more than $4.5 million in General Fund expenditures and provide services as much as possible with in-house staff. The City has always kept the number of in- house employees down so that it has a solid core staff during times like these. The Fiscal Year 2009/2010 Preliminary Budget includes no staff layoffs, and the City will make every effort to maintain service at current levels." 402 22 JUNE 16 JUNE 17 JUNE 18 JULY 1 JULY 2 JULY 7 JULY 10 JULY 21 AUGUST 4 AUGUST 5 AUGUST 18 DEPARTMENT REPORT: 3 - Q CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING GALAXY ADVENTURE CLUB - MUSEUM HAWAIIAN LUAU LUNCHEON - SENIOR CENTER STORY TIME AT MUSEUM PATRIOT'S LUNCHEON AT SENIOR CENTER CITY COUNCIL MEETING OPEN AIR CINEMA AT CIVIC CENTER CAMPUS CITY COUNCIL MEETING CITY COUNCIL MEETING STORY TIME AT MUSEUM CITY COUNCIL MEETING - CANCELLED 403 LA QUINTA CITY COUNCIL MONTHLY CALENDAR June 2009 2 3 4 5 6 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayor's Lunch Meeting i s ,c, x } 01 7 8 9 10 11 12 13 10:00 AM Pub. Shy 2:00 PM Special City 9:00 AM RCTC 11:00 AM CVCC Sniff 12:00 PM Transit Council Budget Henderson 12:00 PM Energyl 5:30 PM Community Meeting 4:30 PM Investment Environs Sniff Services Commission 7:00 PM Planning Advisory Board 6:00 PM League. Conartission Henderson 14 15 16 17 18 19 20 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser 9:00 AM CVA Henderson Meeting Cade. Franklin vation Commission Flag Day 12:00 PM HCRC Franklin 21 22 23 24 25 26 27 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline Adolph 9:00 AM LAFCO Henderson Commission Henderson 28 29 30 6:00 PM Exec Code, Adolph `. _May � ' JOIy... S M T W T F S S M T W T F S 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 1 24 25 26 27 28 29 30 9 TO 21 22 23 24 25 31 26 27 28 29 30 31 Printed by Calendar Creator Plus on 6/10/2009 404 LA QUINTA CITY COUNCIL MONTHLY CALENDAR July 2009 rr 1 2 3 4 June Augusl S M T W T F S S M T W T F S 1 2 3 4 5 6 1 10:00 AM ALAC CITY HALL CLOSED FOR INDEPENDENCE DAY HOLIDAY it 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 Independence Day 21 22 23 24 25 26 27 16 17 18 19 20 21 22 23 24 25 26 27 28 29 28 29 30 30 31 ti a 7 e c 5 6 7 8 9 10 11 3:00 PM City Council 9:00 AM RCTC. 9:30 AM Animal Campus. Meeting Henderson Franklin 4:30 PM Investment 11:00 AM CVCCSniff Advisory Board 12:00 PM Energy) Environs Sniff 12 13 14 15 16 17 18 10:00 AM Pub. Shy 7:00 PM Planning 10:00 AM Homelessness 3:00 PM Historic Preset 9:00 AM CVA Henderson 12:00 PM Transp Commission Cmte: Franklin vation Commission 3:00 PM Mons. 12:00 PM HCRGFranklin Conversancy 4:00 PM J.Cochran 5:30 PM Community Airport 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 26 27 28 29 30 31 10:30 AM RCTC Budget - 7:00 PM Planning Henderson Commission 6:00 PM Exec Cote: Adolph Printed by Calendar Creator Plus on 6/10/2009 405 LA QUINTA UTY COUNCIL MONTHLY CALENDAR sq jJ 2 3 4 5 6 7 8 3:00 PM City Council 10:00 AM ALRC 12:00 PM Mayor's Lunch Meeting 9 10 11 12 13 14 15 10:00 AM Pub. Sffy 7:00 PM Planning 9:00 AM RCTC- 11:00 AM CVCC Sniff 12:00 PM Transp 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 16 17 18 19 20 21 22 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser- 9:00 AM CVA-Henderson Meeting CANCELLED Cmte. Franklin vation Commission 12:00 PM HCRC-Franklin 23 24 25 26 27 28 29 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sualine-Adolph 9:00 AM LAFCO Henderson Commission Henderson 30 31 :.; 6:00 PM Exec Coate. Adolph. July September - SM T W T F S S M T W T F S fi 7 8 9 10 11 6 7 8 9 10 11 12 £ -.5 12 13 14 15 16 17 18 ,' 13 14 15 16 17 18 19 19 20 21 22 23 24 25 20 21 22 23 24 25 26 26 27 28 29 30 31 :: 27 28 29 30 Printed by Calendar Creator Plus on 6/10/2009 406 DEPARTMENT REPORT:' TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building &Safety ! DATE: June 16, 2009 RE: Department Report — May, 2009 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of May. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $18,423,660 which includes an issuance of 109 building permits in May; • Animal Control handled 329 incidents in May; • Code Compliance initiated 281 cases in May; • Garage sale permits generated $1,200 in revenue in May. 407 V N W it NO) a M C :o 00 C t M CD Lo N I 0 N M M N N d M M O Lo Lo O N N O M -tt0 w N O M N L0 � N I� M, N O M CO M M O M N 7 Z O{ 00 OD Lr r 00..- O OD a LO r" { d' M O Lo -t OO (400 � d'it\ W 'j � a) � OD ! M CO N O I M 1^ r '00 O Lr L4 z (6 N M N M (O W O O � O 0 [t CO N M a) a) (n t a) Lo I- LO N j co �t M M d N M N O MIN M'IM M'N N N�N NIA O H 7 I I �M G) 0) in Lo t o M O o "I . 0 MIN 0. SIN U)ILO N�M N — I� a ( C Cl) O M M 1 ! 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H F 1d ~ H m ay rQOE cx aic '0NJ) C QQ > > > mQ> O 01d 0 JQ 00 _ Q00 _ Q00LLI A LL a'm (V� _ O, c N A L o � p o 0 2 o ZO V M < 0 > N � 0 0 0ZQJOF_O C Q Z 1 > 410 N O r M M N O co N O O N � � O O M M N M (D r (D (D co IT V' (D (D to to 0o O r (D t0 M 00 LL] M 0 N M (D r M (D (p O H (0 } D O Z U a m U a Q c 0 O N O (D O I� V r W tr�f t00 N N N (O r O M N O M O N W O (v'� O (D O N Q N N M M (•M1 OM1 M r r tO ro (DM M N 00 OM M r T O O r O O M V M O N M N N M 00 N O M O r M M M <{ o r (D C N VO M 0 N N N N 00 h U to p w F (df O N F y y __ z F LLI c g O z �U)Z(gw Z r2 «' O FCO) W .o y W W FOFa W w > z 2 > 2M m a w w w m m z a g�� m o a m o m a; w W W a K m 2 0 w p C E U a J w]W ?W N a) a) m p J aaa z_ Qa a tL Vl n JUWUW- EU tf W Na N a y(Oa ) 07 J ca (N N Og W Co(0 nU O N (U O a J N VU O 0 0 (0 z 0 AUKZ QO w N i)0 Jp4) W a2:a z > 411 DEPARTMENT REPORT: Lam F y oe ttsti TO: Honorable Mayor and Members of the City Co uncil FROM: Edie Hylton, Community Services Director DATE: June 16, 2009 SUBJECT: Community Services Department Report for May 2009 Upcoming events of the Community Services Department for July 2009: July 1 *Morning Workout July 1 *Mat Pilates July 1 Tae Kwon Do, Senior Center July 1 Tai Chi Chuan, Fitness Center July 1 Jazzercise, Senior Center July 1 Photoshop Pro, Senior Center July 2 *Patriot's Luncheon July 2 *Basic Internet July 2 *Digital Photo July 2 Zumba, Senior Center July 4 Summer Golf Tour, Shadow Hills Golf Club July 6 *Soft Core Touch July 6 Photoshop Elements, Senior Center July 7 *Photo Edit 1 July 7 *Word Processing July 7 Acupuncture Free Presentation, Museum July 9 *Vista Laptops July 9 *Photo Edit 2 July 10 Open Air Cinema, Old Town La Quinta July 11 5-on-5 Adult Basketball League, B&G Gym July 11 Summer Golf Tour, Palm Desert Country Club July 13 Intermediate Computers, Senior Center July 13 Ballet/Jazz 4-6, La Quinta High School July 13 Ballet/Jazz 7-10, La Quinta High School July 13 Teen Ballet, La Quinta High School July 14 *West Coast Swing July 14 *Arthritis Foundation Exercise Program July 14 *Word Processing - Level 2 412 July 14 *Photo Edit 3 July 15 MS Excel, Senior Center July 15 Ballet/Tap 4-6, La Quinta High School July 15 Ballet/Tap 7-10, La Quinta High School July 15 Tap 1, La Quinta High School July 16 *1, 2, 3, 4 Dance July 18 San Clemente Ocean Festival Excursion July 18 Summer Golf Tour, Heritage Palms Golf Club July 21, Somatics, Library July 23 *Photo Edit 4 July 23 *Mature Driver July 28 *Digital Photo July 28 *Basic Internet July 30 *Email July 30 *Basic Computer *Senior Center class or activity 413 Community Services Department Attendance Report for the Month of May 2009 Summary Sheet Program 2009 2008 Variance Sessions Per Month 2nno 2nnsu Leisure Classes 50 68 -18 59 44 Special Events 325 425 -100 1 3 Adult Sports/ Fitness 1024 719 305 47 43 Senior Center 1226 1013 213 104 82 Total 2,625 2,225 400 211 172 Senior Services Senior Center 320 247 731 14 12 Total 320 247 73 14 12 Sports User Groups La Quints Park Use AYSO 150 100 50 18 24 LQ Sports & Youth 60 25 35 16 10 Sports Complex LQ Sports & Youth 9001 1000 -1001 21 21 Facility/Park Rentals Senior Center Private Pa 800 1200 -400 4 6 Churches-2 750 300 450 10 4 Museum Meeting Room 180 0 180 3 0 Mtn . Room/ Courtyard 0 0 0 0 0 Library Classroom 550 200 350 11 4 Civic Center Campus Private Pa 50 225 -175 1 3 Park Rentals La Quinta Park 500 100 4001 71 1 Fritz Burns Park 100 0 100 2 0 Total 4,040 3,150 890 93 73 Total Programs 6,985 5,622 1,363 318 257 Volunteer Hours Senior Center 174 269 -95 Total Volunteer Hours 1741 269 -95 ..... 414 Community Services Program Report for May 2009 2009 2008 2nnn 2nnu Participants Participants Variance Meetings Meetings Leisure Classes Yoga 6 0 6 8 0 Belly Dancing 4 11 .7 4 6 Beginning Ballet 6 11 -5 4 5 Youth Tennis 6 0 6 3 0 Tai Chi Chuan 3 0 3 7 0 Ballet! Tap 0 3 7 0 Zumba 16 -3 8 9 Ballet/ Jau 0 3 6 0 Tae Kwon Do !A6 1 5 12Totals 39 11 59 33 2009 2008 2009 2008 Participants I Participants I Variance Meetin s I Meetings Special Events Open Air Cinema 325 2501 751 11 1 Totals 3251 2501 751 11 1 2009 2008 2009 2008 Participants I Participants I Variance Meetin s Meet!n s Adult Sports & Fitness Open Gym Basketball 259 1871 721 21 16 Fitness Center 765 5321 2331 26 27 Totals 1024 7191 3051 47 43 lCommunity Services Totals 1 1,3991 1,0081 3911 107 77 415 Monthly Revenue Report for May 2009 Monthly Revenue - Facility Rentals 2009 2nnR Varianrw Libra $ _ $ $ _ Museum $ 350.00 $ $ 350.00 Senior Center $ 6,362.50 $ 5,382.50 $ 980.00 Parks $ 720.00 $ 400.00 $ 320.00 Sports Fields $ 320.00 $ 748.50 $ 428.50 Monthly Facility Revenue $ 7,752.50 $ 6,531.00 $ 1,221.50 Monthly Revenue Senior Center $ 3,341.50 1 $ 3.356.00 $ 14.50 Community Services $ 4,915.00 $ 5,537.00 $ 622.00 La Quinta Resident Cards $ 2,925.00 $ 1,575.00 $ 1,350.00 Fitness Cards $ 570.00 $ 380.00 $ 190.00 Total Revenue $ 11,751.50 $ 10,848.00 $ 903.50 Revenue Year to Date Facility Revenue $ 57,625.00 $ 60,387.00 $ 2,762.00 Senior Center $ 69,916.00 $ 79,107.50 $ 9,191.50 Community Services $ 47,731.50 $ 61,730.50 $ 13,999.00 La Quinta Resident Cards :-1$ $ 30,765.00 $ 23,565.00 $ 7,200.00 Fitness Cards $ 6,845.00 $ 6,115.00 $ 730.00 Total Revenue to Date 212,882.60 $ 230,905.00 $ 18,022.50 416 Senior Center Attendance Senior Center Program Report for May 2009 Participation Participation Variance Meetings Meetin s 2009 2008 2009 2008 Senior Activities ACBL Bride 338 307 31 4 4 Bridge, Social/Party 382 251 131 14 12 Spring Evening Dance 44 28 16 1 1 Afternoon Tea Luncheon 47 30 17 1 1 Monthly Birthday Party 40 38 21 1 1 Monthly Luncheon Dessert Competition 90 72 18 1 1 Movie Time 62 61 1 4 5 Putting Action 15 0 15 4 0 Tennis 15 55 -40 8 8 Senior Activity Total 1033 842 191 38 33 Senior Leisure Classes Arts & Crafts 3 10 -71 1 1 Ballroom Dance/West Coast Swing 14 0 141 8 3 Cam uter Classes 5 13 -8 2 5 Exercise 32 23 9 12 12 Golden Tones 16 0 16 4 0 Hooked on Loops 6 11 -5 3 3 Issues of the Day 40 0 40 2 0 Mat Pilates 14 0 14 12 6 Quilters 10 34 -24 4 5 Therapeutic Yoga 3 0 3 2 0 Ukulele Players 16 45 -29 7 5 Woodcarvers 31 20 11 5 5 Yoga for Health 3 15 -12 4 4 Senior Leisure Classes Total 193 171 22 66 49 TOTAL SENIOR PROGRAMS 1226 1013 213 104 82 Senior Services Eisenhower (Blood Pressure & Carotid Artery) 19 14 5 1 1 FIND 193 175 18 5 4 Geriatric Consultation 1 0 1 1 0 HICAP 5 8 -3 2 3 Legal Consultation 6 5 1 1 1 Notary 3 5 -2 2 1 Seminars - Ma 9 62 6 56 9 2 Volunteers 31 34 -3 n/a n/a TOTAL SENIOR SERVICES 320 247 73 14 12 SENIOR CENTER TOTAL 1546 1260 286 118 94 417 2009 2008 Variance Volunteer Hours Senior Center 1741 269 -95 Volunteer Total: 174 269 -95 Revenue Senior Center Revenue $3,341.50 $3,356.00 -$14.50 Revenue Total: $3,341.50 $3,356.00 -$14.50 May-09 418 Parks Activities Updates For May 2009 La Quinta resident Werner Boettcher, of Boettcher Concrete Construction, volunteered his time, staff, and equipment for work at the Fred Wolff Bear Creek Nature Preserve. The Nature Preserve Master Plan identifies certain areas within the property where tilling is necessary for native plant growth. Mr. Boettcher offered his services and agreed to a volunteer Contract for Professional Services. On May 15L, he and his staff spent the entire day at the Nature Preserve tilling the hardpan soil with their equipment. As we have observed with the removal of the berm at the Fred Wolff Bear Creek Nature Preserve, we are expecting native plant growth to also re -vegetate the areas that were turned by Mr. Boettcher and his staff. The interactive water feature at La Quinta Park was repaired earlier this month and is back in operation. Vandals had torn a hole in the rubber safety surface. The water feature was shut down and an installer for the New Jersey based company made the repairs. The resurfacing project for the tennis courts at Fritz Burns Park is finished. All six tennis courts have been finished and are open to the public. New trail signs have been installed at both trail entry locations to the Cove Oasis. The new signs feature a trails map that is similar to the new trails maps that were designed and are available at the Community Services desk. Staff along with two members of the Community Services Commission and the Monument Manager from the Bureau of Land Management hiked the Boo Hoff Trail from the Cove Oasis. During the hike, eight trail markers were installed to help guide hikers through the trail. These trail markers are four feet tall and four inches wide and are made from recycled materials. Within the past six months, trail markers have been installed in the Cove Oasis, along the Cove to Lake Trail, along the Boo Hoff Trail, and along the Bear Creek Canyon Oasis Trail 419 Department Report: _ Vic'" =ow5ww� OF T TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directo/ DATE: June 16, 2009 SUBJECT: Department Report for the Month of May 2009 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of May. P:\Monthly Report Folder\2009Planning_Monthly Reports\5_MAY 2009_PL Me Rpt.doc 1 420 Cn < I -1 U1 (n (n w T -u -u r L) T m p n O' o 7 o 7 3. 3 N CD O y— E3 CD j n �. 7 3 N <, < 7 4' �• (D U N N CD O 7 N O O r CD — CD a N' C) ? 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Monthly Summary of Public Works Tasks. /City Engineer 423 Q r h W J z a � z Oo W N J N W = y ] U O 0O W Q F 3 I U U LU m > aw h z W N r v J Q o vN O O O O r O O O O O O O O O O O W "a• O O O 00 O O O O O O O O O O O O W" J 6; ON QQ } . W OU U �W m. IZ ' v' 0 0 0 0 00 0 O o O o IQ o 0 TU aza o 0 0 0 �n o a wf0 K W O� G9 K"-O' a:rc za• wF: m W 1 O O N o N N (O N N O N N N �' 2 Z U O .. 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Code Activity 5 Men 4 Men 3 Men 1 Man Total 1000 Policing/Inspection 47 91 7 6 151 1001 Pot Hale -Repair/Patching 0 8 0 0 8 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 01 01 ON 0 1006 Other Traffic Controls 0 71 0 01 7 1007 Curb & Gutter Repair/Const. 0 01 0 01 0 1008 Other Concrete Repairs/Const. 21 161 0 01 37 1009 Street Sign Install (New) 2 01 0 0 2 1010 Street Sign Repair/Maint 35 5 0 0 40 1011 Debris Removal 2 47 0 2 51 1012 Right of Way Maint. 0 58 75 0 133 1021 CLEAN Catch Basin Inlet/Outlet 0 20 0 0 20 1022 Rondo Channel Outlet/Vault 5 0 0 0 5 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 391 2 3 44 1024 Gutter/Median Sand Removal 5 01 0 0 5 1025 Street Sweeping (Machine) 140 01 0 0 140 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 16 12 0 28 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 01 0 0 1031 Parks/Retention Basins Inspection/Clean-L 2 6 64 0 72 1041 Irrig/ Weeding, Shrubs & Tree Trimming 4 20 128 1 153 1051 Landscape/Irrigation Contract Managemer 0 0 48 12 60 1052 Lighting/Electrical Contract Management 0 0 0 8 8 1061 Small Tools Repair/Maim. 0 0 0 0 0 1062 Equipment Repair/Maint. 3 2 2 01 7 1063 Vehicle Repair Maint. 30 5 2 0 37 1081 Trash/Litter/Recycable Removal 0 5 21 0 26 1082 Vandalism Repairs 0 2 0 0 2 1083 Graffiti Removal 176 69 35 11 291 1084 Maint. Yard Building Maint. 7 5 0 0 12 1085 Seminars/Training 109 71 19 16 215 1086 Special Events 0 ON 81 01 8 1087 Citizen Complaints/Requests 81 15 01 0 96 1088 Meeting 17 17 12 34 80 1089 Office (Phone, paper work, reports, Misc.) 26 121 5 47 90 SUBTOTAL 712 5361 440 140 1828 1091 Over Time 15 131 4 0 32 1094 Jury Duty( 0 56 0 0 56 1095 Sick Leave 32 0 16 0 48 1096 Vacation 16 16 0 12 44 1097 Holiday 40 32 24 8 104 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 0 0 0 ON 0 SUBTOTAL 103 1171 441 201 284 TOTAL HOURS 8151 6531 4841 1601 2112 TOTAL MILES 30521 34311 21121 3251 8920 429 d Department Report: 9 r� L-A LA L11 TA P@LICE Served by the PJverside County Sherifs Departnen( Police Department Monthly Report May 2009 Prepared for 430 La Quinta Police Department • SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 05/01 Friday (102) 1840 hours — Deputies responded to a report of a theft at SilverRock Golf Course. The victim left his wallet in the golf cart after playing a round of golf. After leaving the facility, he remembered that he had left his wallet behind. He returned to the club house and staff members had found his wallet and returned it to him. The victim checked his wallet and the only thing missing was the cash. 1915 hours — Responding to a report of public intoxication at SR I l l and Washington St., Deputy Rowley contacted and arrested Cameron Anderson for public intoxication. He was transported to the Indio Jail for booking. 05/02 Saturday (70) 1800 hours — Corporal Perez and Deputy Jauert contacted and arrested Rebecca Rodriquez and a female juvenile for shoplifting at Wal-Mart. Rodriguez was transported to the Indio Jail for the booking process. The juvenile was released to her mother. ® 2120 hours — Disturbing the peace call in the 78600 block of Saguaro. Corporal Perez and Deputy Jauert contacted Jesse Vogelsang for playing his music in an unreasonable manner. He had been given a previous warning earlier in the day, prior to being issued this citation. He was released with a notice to appear. 05/03 Sunday (60) 1045 —hours Deputies Martinez and Irving were dispatched to a burglary in the 79400 block of Highway 111. Entry was made by breaking the front glass door. 1630 hours- Deputies responded to a theft in progress in the 78900 block of Hwy 111. Oscar Arroyo, Daniel Barriga, and a male juvenile were arrested without incident. 2203 hours — Deputy Russell responded to a disturbance at Avenida Diaz and Calle Sinaloa. James Hernandez was arrested for public intoxication. 2209 hours- Deputies responded to a suspected drunk driver in the area of Ave. 50 and Eisenhower Dr. Deputies stopped and arrested Mark McGowan and transported him to the Indio Jail. 05/04 Monday(107) 0013 hours — Deputy Barandes conducted a vehicle stop at Ave. 52 and Washington St. Robert Curio was arrested for DUI drugs. His passenger, Timothy Young, was arrested for possession of marijuana. 0930 hours — Deputies responded to the 53900 block of Avenida Diaz reference a report of domestic violence. Jennifer Lugo was arrested for misdemeanor domestic battery and misdemeanor child abuse. ® When the deputies were taking her into custody, she resisted arrest by attempting to bite Deputy Illera and 431 started kicking at deputies. She was charged with battery on a peace officer and resisting arrest. She was booked into the Indio Jail. 1655 hours — SET Team deputy Hughes conducted a traffic stop at Desert Club and Ave 52. Daniel Gayler was arrested for possession of a loaded handgun and possession of marijuana for sales. He was booked into the Indio Jail. 05/05 Tuesdav 020 0320 Hours — Deputy Romaine arrested Melissa McClellan for possession of cocaine. Following an occupied vehicle check outside the Embassy Suites. 1233 hours- Deputies Irving and Martinez responded to Wal-Mart regarding a shoplifting suspect in custody. Arrested was Virginia Martinez-Velasquez who was booked into the Indio Jail. 1358 hours- Deputies Irving and Martinez conducted a pedestrian check at Monroe Street and Ave 53. Arturo Vega was arrested for possession of methamphetamine and drug paraphernalia. He was booked into the Indio jail. 2100 hours — La Quinta SET served a property related search warrant in the 42700 block of Wisconsin Ave., Palm Desert. The warrant stemmed from a burglary investigation. Evidence was found believed to be related to the burglary. The suspect, Melvin Dean LaRose was not home during the service of the search warrant. 05/06 Wednesday (103) ® 0042 hours- Deputies Jardinas and Russell conducted a traffic stop at Washington Street and Fred Waring Drive and arrested Ericka Sanchez for DUI. 0210 hours- Deputy Sanchez conducted a traffic stop at Dune Palms Street and Hwy.I l I and arrested Maria Valdez for two felony narcotic related warrants. 2100 hours- Deputy Alexander arrested John Balderama Jr., age for assaulting his girlfriend and causing injury. Booked at Indio Jail. 05/07 Thursdav (86) No Significant Activity 05/08 Fridav (84 0212 hours — Corporal Taylor conducted a vehicle stop at Jefferson north of Vista Grande. Alvarado Auderbez was arrested for DUI. 1919 hours — Deputies responded to a report of a suicide at Lake Cahuilla. Park Rangers found an adult male sitting in the driver's seat of his vehicle with a self-inflicted gunshot wound to his head. 2130 hours — Deputies responded to a report of a hit and run traffic collision at Grapefruit Blvd. and Avenue 52. Deputies Reinbolz and Klecker saw the vehicle as it was fleeing the scene. They conducted the driver and he was taken into custody for DUI. The victim said the driver that hit him had switched with the passenger and fled the scene. The driver in the hit and run was Rosario Cruz and the second driver was Carlos Mendoza. They were taken to JFK for an okay to book and after receiving medical clearance they were taken to the Indio Jail for the booking process. is 432 • 05/09 Saturday (63) 0445 hours — Deputy Barandes conducted a vehicle stop at Jefferson and Ave. 52. Roland Vargas was arrested and booked for seven misdemeanor warrants including two for DUI. 0848 hours — Deputy Hart responded to the Shell Station at 78-998 Hwy I I I in reference to a report of a theft. Rene Encizo had threatened the clerk when confronted as he stole beer from the location. Encizo was located in an adjoining parking lot and was arrested and booked into the Indio Jail. 1849 hours — Deputy Pittenger contacted and arrested Claudia Espinoza at Wal-Mart for taking merchandise from the business without paying for it. She was transported to the Indio Jail. 2014 hours — Deputy Fiebig arrested Christopher Kelly for driving while under the influence. Mr. Kelly rolled his vehicle within the Tradition community. He was the sole occupant of the vehicle and he was not injured. He was taken to the Indio Jail for the booking process. 05110 Sunday (46) 0230 Hours — Deputy Barandes arrested Nelson Amaya for a DUI warrant. The arrest stemmed from a traffic stop at Avenida Diaz and Calle Colima. 0635 Hours — Deputy Kibbey arrested Alfonso Camacho for public intoxication. The arrest came from a man down call in the 52200 block of Avenida Obregon. 05111 Monday (69 1040 hours — Deputy Hart arrested Thomas Hinrichs for DUI at Avenue 52 and Washington St. He was • booked into the Indio Jail. 1233 hours — Deputy Lun conducted a follow-up investigation in the 52300 block of Avenida Villa regarding a sex registrant living at the location. Douglas Vernon Campbell had not registered at the location. Campbell was booked into the Indio jail for failing to register at the La Quinta address. 1956 hours- Deputies responded to the 79500 block of Hwy 111 in reference to a report of a robbery at the location. The clerk said one male adult walked into the business and told her she was getting robbed. He forced open the cash register and remove about $300. He fled the store and ran southbound through the parking lot. 05/12 Tuesday (98) 1530 hours -Two female juveniles from La Quinta High School were walking home from school when a vehicle stopped ahead of them. An adult male exited the driver side of the vehicle and approached both females. The male attempted to force one of the females into the vehicle. The victim fought the suspect off and he let go and left the area. The two females ran to a business in the area and called their parents who later called police. 05113 Wednesday (105) 1842 hours — La Quinta SET conducted a narcotic related search warrant in the 79900 block of Ave. 42, Bermuda Dunes. Evidence of drug usage was located but no drugs. However, during the search SET members located a purse stolen from the victim of a purse snatch at Lowes on April 13, 2009 SET members will be following up on leads related to the Lowes crime with anticipate search warrants and arrests warrants will be issued. E 433 • 05/14 Thursday (83) 2115 hours — La Quinta SET deputies went to the 82100 block of El Paseo, Indio, with Parole Officer Gonzalez to conduct a parole compliance check and conduct follow up on the Rosati's Pizza burglary. During the check David Balderama was contacted and was arrested for parole violation and for the burglary of Rosati's Pizza restaurant. Balderama was booked into the Indio Jail. 05/15 Fridav (104 1735 hours — Deputy Pittenger contacted and arrested Anthony Lopez for stealing merchandise from Wal- Mart. He was also in possession of stolen property from Marshall's and Target. Additional burglary charges were added and he was transported to the Indio Jail for the booking process. 2100 hours — Deputy Fiebig contacted and arrested Melissa Nunez for two active DUI warrants for her arrest. She was taken into custody and transported to the Indio Jail for the booking process. 05/16 Saturday (69) 0003 Hours — Corporal Taylor conducted a pedestrian check at Avenida Mendoza X Avenida Sinaloa. Investigation revealed that the female juvenile was in possession of Ecstasy. She was transported to Indio Juvenile Hall and booked. 0145 Hours — Deputy Lee responded to the 52800 block of Avenida Ramirez, in reference to a domestic violence restraining order violation. Kecia Gullory was arrested and was transported and booked at the Indio Jail. 1146 hours- Deputy Contreras responded to a theft at Wal-Mart. Store security said one male and one • female had taken items, exited the store, and left in a blue Kia Spectra. Corporal Sasser located the vehicle and conducted a stop at Jefferson Street and Avenue 48. Nicole Pech and Marcus Gonzales were arrested for shoplifting and booked into Indio Jail. 05/17 Sunday (68) 0034 hours — Deputy Abrego responded to the 52100 block of Avenida Obregon regarding unlawful discharge of a firearm. Investigation revealed that as partygoers were leaving, a vehicle drove by the location and discharged several rounds of which two hit an occupied vehicle parked near the party. There were no injuries and no victims were located during a canvas of the area. 1206 Hours- Dep. Lan responded to the 50700 block of Washington St. in reference to a domestic dispute. The female victim stated her boyfriend, Jaime Ayon, had punched her in the right arm causing visible bruising. Ayon was arrested and booked into the Indio Jail. 1246 Hours — Deputies Hart, Miller and Corporal Taylor responded to the 45500 block of Desert Eagle, reference a suspicious persons call. An off -duty Indio Police Department officer had a male juvenile detained at the location. The juvenile had been skateboarding in the area for approximately an hour. The off -duty officer checked the exterior of his residence and it appeared someone had tampered with the front window screen. Deputies contacted the juvenile's mother who stated her son did not belong in the above area and she requested that he be transported home. Dep. Miller located a yellow paint ball marker on the juvenile's person, commonly used to graffiti items. An area check for vandalism proved negative. 1800 hours — La Quinta SET Deputy Burgie contacted Filliberto Martinez Jr., when Martinez was seen leaning on a vehicle parked in the Kohl's parking lot. Martinez is currently on felony probation for auto theft and had a crowbar hidden in his shorts. Martinez was booked into the Indio Jail for possession of burglary tools and violation of his probation. 0 434 2000 hours- Deputy Borrego responded to the 53500 block of Eisenhower reference a vandalism that • occurred at the residence. The occupant of the residence returned and found the house had been completely destroyed on the interior. Deputy Borrego identified three male juveniles as the subjects who had committed the vandalism. One juvenile was located and he confessed and confirmed the names of the other two juveniles. He was arrested and booked into Indio Juvenile Hall for residential burglary and felony vandalism. 2226 hours- Deputy Rowley responded to the Beerhunter at Washington and I I I for a public intoxication call. The suspect drove away from the location and was pulled over at Washington and Point Happy. Jacob Goetz was arrested for driving while under the influence of alcohol. 05/18 Monday (93) No Significant Activity 05/19 Tuesday (102) 0200 hours- SET Deputies developed information leading to the arrest of Ricardo Perez for armed robbery. Perez is suspected of committing armed robberies in Bermuda Dunes and the City of La Quinta. Officers were able to identify Perez from evidence collected at both robberies. Perez is currently in custody in the Indio Jail on unrelated charges. 2136 hours — La Quinta SET served a property related search warrant in the 79900 block of Ave. 42, Bermuda Dunes. Deputies located substantial evidence and arrested Rudolfo Rodriguez for robbery, parole violation, and possession of stolen property. Donald Howard was arrested for possession of suspected methamphetamine and drug paraphernalia. Ricky Rodriguez was arrested for possession of suspected heroin and drug paraphernalia. All three were booked into the Indio Jail. ® 05/20 Wednesday (100) 0830 Hours- Motor Deputy Reynolds conducted a traffic stop on Washington Street and Hwy 111 and arrested the driver, Elena Serda, for an active DUI warrant. Serda was booked in the Indio Jail. 1808 hours- SET Deputy Chancellor arrested a 12-year-old juvenile for residential burglary and felony vandalism in the 46800 block of Highland Palm. The investigation stemmed from Deputy Borrego's initial investigation where a residence was burglarized and vandalized. 05/21 Thursday (124) No Significant Activity 05/22 Friday (84) No Significant Activity 05/23 Saturdav (78 0550 hours — Deputy Lopez responded to the 78200 block of Scarlet Circle regarding a report of suspicious circumstance. An adult female was found sitting on the patio of a residence. She told deputies she was approached by an adult male but could not recall what happened. She was found to have minor injuries and was transported to Eisenhower Hospital. 1400 hours- Deputy Miller responded to shoplifters in custody in the 79700 block of Highway 111. Store security had Frank Franso and Aliaa Franso detained for theft. Frank Franso was arrested and booked at Indio Jail for burglary and committing a crime in the presence of a minor. Charges will be filed against Aliaa Franso out of custody due to the presence of their children. 435 ® 1424 hours- Deputy Illera was dispatched to a theft in the 78900 block of Highway 111. Corporal Sasser conducted a stop of the suspect vehicle in the south parking lot and three juveniles were detained for theft. The minors were transported to the Indio Station and released to their parents. 1945 hours — Deputy Pittenger contacted and arrested Anaiz Gonzalez and a juvenile for entering Wal-Mart with the intent to steal merchandise. Gonzalez was transported and booked into the Indio Jail. The juvenile was released to his parents. 2331 hours- Deputy Barandes responded to the area of Miles and Washington and arrested Juan Meza Contreras for public intoxication. 05/24 Sundav (70 0401 hours- Deputy Kibbey responded to the 52000 block of Avenida Navarro in reference to a burglary. An unknown suspect entered the residence through the garage door and took money out of a wallet in the living room while the residents were home. 2230 hours- Deputies responded to the intersection of Hwy. I I I and Jefferson St. reference a minor injury traffic collision. Three people were transported to Desert Hospital with minor injuries/complaint of pain. Witnesses identified the suspect vehicle and person at fault as Kim Marie Johnson. Johnson had significant objective symptoms of being under the influence. 05/25 Monday (63) 0440 hours — Deputy Kibbey responded to a domestic disturbance in the 51700 block of Eisenhower Dr. Miguel Roan was arrested for domestic battery after striking his ex-wife. He was booked into the Indio • Jail. 1752 hours- Deputy Trueblood responded to the 45200 block of Sunbrook Drive reference a domestic disturbance. Charles Magallanes was arrested for misdemeanor domestic violence. Magallanes was booked into the Indio Jail. 05/26 Tuesdav (105 0430 hours — Deputy Berry responded to the 43100 block of Parkway Esplanade regarding a check the welfare. Jaime Engler was found to be back at the address where he was served a TRO earlier in the evening. Engler was arrested for violation of the restraining order and booked at the Indio Jail. 1926 hours- Deputies responded to a report of a lost hiker call in the mountain area directly behind Trilogy Homes. Deputies and CDF hiked a portion of the mountain and were unable to locate anybody. Binoculars were also used to no avail. Deputies ended the search at 2035 hours. 05/27 Wednesday (92) 0150 hours- Deputy Berry conducted a vehicle check at Monticello Avenue and Ambassador Circle and arrested Jennifer Polovick for violation of a domestic violence restraining order. 1830 hours- Deputies Alexander and Newton conducted a vehicle check at Barcelona x Bermudas and arrested Shannon Rochelle for a felony narcotics warrant. 05/28 Thursday (92 1346 hours- Deputy Speir responded to a 911 call in the 51300 block of Avenida Carranza. Deputy Speir • arrested Carlos Martinez for domestic battery against a spouse. Martinez was transported and booked into Indio Jail. 436 ® 1920 hours — Deputies Alexander and Newton contacted and arrested Veronica Benitez for entering Wal- Mart with the intent to steal clothing. She was taken into custody and transported to the Indio Jail for the booking process. 05/29 Friday 85) No Significant Activity 05130 Saturday (56) 0054 hours — Deputy Rodriguez responded to the 43100 block of Palm Royal reference an assault with a deadly weapon. Heather Orosco and her boyfriend were involved in a verbal argument. During the argument Orosco struck the boyfriend with an empty beer bottle. The bottle caused a deep laceration and swelling. Orosco fled the scene before deputies arrived. 05/31 Sunday (67) 0133 hours- Deputy Barandes conducted a traffic stop on Eisenhower Drive and Calle Sinaloa and arrested Alejandro Lopez for possession of cocaine. 0317 hours- Deputy Lee was conducting an area check in the 5100 block of Calle Paloma when he saw threejuveniles walking away from a vehicle parked in a drive way. Deputy Lee contacted and detained the juveniles and approached the residence in an attempt to ascertain if there was any property stolen from the vehicle. The property owner stated he did not know any of the juveniles and he did not give them permission to go through his car. The three juveniles were arrested for prowling and for curfew violations. They were released to their parents. • TOTAL CALLS FOR SERVICE: 2,648 • 431 • • Deputy Adonis Glasper Deputy Jessica Vanderhoof Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team May 2009 SET TEAM Supervising Sgt. Mark Hoyt Summa of Activity Deputy Tim White Deputy Claudia Rodriguez Deputy Shaun Hughes Type of Activi # of Incidents Type of Activity # of Incidents Programs 13 Weapons Recovered 4 Vehicle Checks/Stops 36 Arrest Warrants Served 15 Pedestrian Checks 8 Search Warrants 10 Follow-ups 39 Parole Searches 8 Citations Issued 2 Arrests/Filings 29 SIGNIFICANT ACTIVITY 1. S.E.T. Team deputies served a narcotics related search warrant in the unincorporated community of Bermuda Dunes. Deputies located a purse that had been stolen during a robbery in the City of La Quinta. Three individuals were arrested for both robbery and narcotic related offenses. 2. Investigating a commercial burglary at Rosita's Pizza in the City of La Quinta, S.E.T. Team deputies served a property related search warrant in the City of Indio. During the search warrant, deputies located physical evidence that directly linked two suspects to the crime. Both suspects were arrested for commercial burglary and parole violation. 3. During a property related search warrant in the City of Indio, S.E.T. deputies located a substantial amount of evidence related to three armed gas station robberies which had occurred in the cities of La Quinta, Palm Springs and Bermuda Dunes. A suspect was identified and arrested for all three armed robberies. �38 0 CITY OF LA QUINTA Traffic Services Team Report Traffic Services Team Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton 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 12 collisions were reported during the month of May When all collision types are counted, including those on private property, the residents of La Quinta are enjoying a 20.71 % 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 21.18% collision rate reduction compared with 2008. More importantly, May 2009 saw a 50.82% reduction in reported injury collisions to our citizens. To demonstrate our focus on collision reduction, unsafe speed violations have been identified as the leading cause for traffic collisions within our city. Because of this trend, La Quinta Traffic Services has increased enforcement of excessive speed violations by 178.7% since January 2009. During the same time, drunken driving collisions have been impacted by ongoing education and enforcement efforts by the Traffic Unit, resulting in a 43.75% drop 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. Traffic Services presented a bicycle rodeo and traffic safety fair during the month of May. Held at the La Quinta Park, we hope to continue this valuable educational event each year. 439 City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report rMaY 2009 Current Month New YTD Last YTD % Change Total TIC - Public Highway 10 134 170 -21.18% Fatal Collisions 0 0 1 -100.00% Number Killed 0 0 1 -100.00% Injury Collisions 2 27 41 -34.15% Number Injured 2 30 61 -50.82% Property Damage 8 107 128 -16.41% Type of Collision Hit & Run 0 16 22 -27.27% Private Property 2 23 28 -17.86% Bicycle Collisions 0 7 4 75.00% Number Injured - Bicycle Collisions 0 4 3 33.33% Vehicle vs. Pedestrian 1 8 0 Wohol involved 0 9 16 -43.75% Reports Taken By Patrol 10 140 165 -15.15% Traffic 2 24 25 -4.00% SRO 0 3 3 0.00% Target Team 0 1 Detective 0 0 1 100.00% DUTY UNKNOWN 0 0 4 100.00% TOTAL REPORTS 12 157 198 -20.71% Counter Reports % DUI Arrests Investiostions Assigned Last YTD This YTD Closed Open Hit and Run Primary Collision Factors Number % Total Unsafe Starting or Backing 2 16.67% Unsafe Speed 2 16.67% Traffic Signals and Signs 2 16.67% Other Improper Driving 2 16.67% Lane Change 1 8.33% AWnsafe edestrian Violation 1 8.33% Improper Turning 1 8.33% Driving Under Influence 1 8.33% 440 • Deputy Prezell Burgie CITY OF LA QUINTA Business District Deputy Report May 2009 SIGNIFICANT ACTIVITY I conducted an extensive investigation of a burglary that occurred at a business on Highway 111. Thieves smashed the front door and stole a television, lap top computer and a safe containing a large amount of cash. Acting on a lead from a allied agency I was able to identify a suspect. I authored a search warrant that resulted in the recovery of evidence and identified a second suspect. As a result, two suspects were arrested and booked into jail. Worked cooperatively with the La Quinta Special Enforcement Team and served a property related search warrant related to a series of robberies that occurred in La Quinta and surrounding cities. As a result, items of evidentiary value were recovered linking a suspect to the robberies. While conducting proactive enforcement along the business corridor, I observed a male subject leaning against a vehicle in a commercial parking lot. The subject had a crowbar concealed • in his waistband. I arrested the suspect for possession of burglary tools. It was learned that he was on probation for vehicle theft. The male subject was booked into jail. 441 E • 10 Deputy Kevin Moore La Quinta High School CITY OF LA QUINTA School Resource Officer Report May 2009 Summary of Activity Type of Activity Number of Incidents Criminal Reports 15 Home Visits 1 Arrests 3 District Attorney Filings 6 Y.A.T.. Referral 5 Vehicle Checks 20 Pedestrian Checks 26 Follow -Up 5 Traffic Stops & Citations 25 Parking Citations 9 Bicycle Patrol Miles 24.2 Truant Citations 7 SIGNIFICANT ACTIVITY Investigated a report of a "sexting" incident involving a student at La Quinta High School. The results of the investigating were forwarded to investigators for follow-up. Arrested a male juvenile who had recently been expelled for assaulting a teacher on campus. Additional investigation determined that the male had stolen a cell phone from a locker in the male locker room. The juvenile was arrested and booked into Juvenile Hall for theft. Coordinated law enforcement security for the La Quinta High Scholl Junior I Senior Prom at the Westin Mission Hills Hotel in Rancho Mirage. Located a runaway female juvenile who had left her home approximately thirty-six hours prior. The female student was transported to La Quinta High School and reunited with her father. I am continuing bicycle patrol of La Quinta High School and surrounding areas on a daily basis. Bicycle patrol has proven to be a very effective tool, provides high visibility, and allows a rapid response to both detect and deter criminal conduct. 1►J Deputy Thomas Hendry Summit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report May 2009 Summary of Activity Type of Activity Number of Incidents Reports 9 Arrests 0 Traffic Stops 0 Business Checks 3 Out of Custody Filings 5 Vehicle Checks 0 Pedestrian Checks 0 Truant 0 I investigated a report of a stolen bicycle. I reviewed video surveillance and identified two students who had committed the theft and recovered the bicycle. Responded to a report of a student acting in a defiant and aggressive manner towards a teacher. The student stated that he wanted to hurt the teacher. I transported the student to Oasis Mental Health for a 72 hour evaluation. A nearby resident reported a number of truant students in the apartment complex. I located the students and found that one student was in possession of marijuana. Charges have been filed out of custody against the student. A school counselor reported a female student who had expressed suicidal desires. The student told me she was depressed and wanted to kill herself. I transported the student to Oasis Mental Health for a 72 hour evaluation. I investigated a report of a student being threatened by another student on MySpace. After viewing the threats, I concluded that the comments met the criteria of criminal threat and a full report was completed. A student was found to be in possession of a lock blade knife on campus. Investigation revealed that a second student had actually brought the knife to school. Out of custody charges were filed against both students. 443 • La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report Summary of Activity Type of Activi lNumber of Incidents Reports 10 Arrests 11 City Park Area Checks 4 District Attorney Filings 2 Truancy Citations 1 Vehicle Checks 3 Follow-up / Public Assist 9 Pedestrian Checks 14 Y.A.T. Referral 5 Traffic Citations 3 Business Checks 3 Home Visits 6 I was advised by a female student that her ex -boyfriend, a student enrolled in the Opportunity Program, had assaulted her new boyfriend in front of the La Quinta Library. She stated that the assault had taken place after school hours. I made contact with the victim and observed that he had sustained severe bruising of his eye. In addition, I learned that he had suffered hemorrhaging in the back of his eye. The victim stated that the suspect had used a cigarette lighter to reinforce his hand and had struck him in the eye two times. I located the suspect and placed him under arrest. The suspect was booked into Juvenile Hall for assault with a deadly weapon. Investigation into the background of the suspect revealed that he was already on probation for a previous arson conviction. In addition, he was facing new charges of vandalism from other unrelated cases. The suspect was held in Juvenile Hall for more than a week before being released to his parents. 2. 1 was contacted by an on -site Desert Sands Unified School District security agent who had observed two students attempting to conceal an alcoholic beverage. He observed the students transferring the alcoholic beverage into a Sobe bottle. Both students were arrested for possession of alcohol on school grounds. r C L°J CITY OF LA QUINTA Community Service Officer Report May 2009 C.S.O. Artesia Diaz C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land -_ �, a =. "11� .�...�,, .;n7,<, ;;,�. vs •, p A 1 ) _X -c 47. Summary of Activity Type of Activity Number of Incidents Burglary Investigations 3 Grand Theft Reports 2 PettyTheft Reports 2 Vandalism/Malicious Mischief Reports 9 Traffic Collision Response 15 Vehicle Code or Parking Citations 2 Abandoned Vehicles Tagged/WarningTaggedfWarning 26 Towed Vehicles 0 Lost or Found Property Reports 2 Stolen Vehicle Report 1 Custodial / Non -Custodial Transport 24 Miscellaneous Calls 151 445 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report May 2009 Summary of Activity Community Policin Office Number Citizens On Patrol Number Monthly Volunteer Hours 145 Training Hours 12 Hours Y.T.D. 778 Business Checks 70 Hours 4/03 to Present 16,748 Traffic Control 2 CPO Monthly Visits 67 Courtesy Notifications 17 CPO Y.T.D. Visits 494 Miscellaneous Activity 4 CPO Visits 4/03 to Present 12,994 Neighborhood Patrol 21 Vacation Checks 38 Patrol Hours 79.5 Y.T.D. Patrol Hours 537 Hours 7/06 to Present 4,122 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: $21,355.00. Total savings since 2003: $338,928.00. 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. 446 C CITY OF LA QUINTA Post 503 Explorer Report ►Vlay49 Corporal Andy Gerrard Explorers Jonathan Ornelas, Ryan Buonarigo and Sid Miramontes Explorer Post 503 members, deputies from the Riverside County Sheriffs Office in Indio, and officers from the La Quinta Police Department sponsored the "Finding Our Way Together" youth camp at the Forest Home Campground. The three day and two night youth camp was attended by approximately fifty "at risk" young people between the ages of ten to thirteen. Each of the campers came from the Eastern Coachella Valley. "Finding Our Way Together" camp is designed to introduce the young people to new natives and direction away from gangs, truancy, drugs and crime in a non -threatening �onment. Areas of specific focus addressed the benefits of staying in school, personal setting, positive career choices, accepting personal responsibility, and the value of Members of the California National Guard led the young people in problem solving and team building scenarios. During the "Finding Our Way Together" camp, the young people were also given plenty of time for recreational events such as: wall climbing, zip line, swimming, boating, hiking, water basketball, volleyball, soccer, and miniature golf. ® Post 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. 447 Department Report: • LA U1, TA PiLICE Served by the Rverside County Sherift Departrnent Crime Statistics Summary April -- 2009 Prepared for 448 C� g,T;7 A 4 L-1 8 9 10 11 12 13 CITY OF LA QUINTA Crime Comparison --Aril CRIME April April YTD 2009 YTD 2008 2009 2008 AGGRAVATED ASSAULT 4 6 24 21 BURGLARY 43 38 172 183 BURGLARY - VEHICLE 18 13 95 90 DOMESTIC VIOLENCE 16 14 61 58 HOMICIDE 0 0 0 1 NARCOTICS VIOLATION 23 17 120 66 ROBBERY 2 2 8 12 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 2 5 20 12 SEX CRIME MISDEMEANOR 2 2 12 4 SIMPLE ASSAULT 6 12 28 33 THEFT 71 58 291 265 VEHICLE THEFT 7 7 37 41 CITY OF LA QUINTA DISPATCH INFORMATION -April 2009* NUMBER OF TYPE OF CALL RESPONSE TIME MINUTES INCIDENTS EMERGENCY 2.63 3 ROUTINE 8.76 1,372 Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. • • Crime Distribution Table A r-09 % of Total A r-08 % of Total 1 AGGRAVATED ASSAULTS 4 2.06% 6 3.45% 2 BURGLARY 43 22.16% 38 21.84% 3 BURGLARY - VEHICLE 18 9,28% 13 7.47% 4 DOMESTIC VIOLENCE 16 8.25% 14 8.05% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 23 11.86% 17 9.77% 7 ROBBERY 2 1.03% 2 1,15% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 2 1.03% 5 2.87% 10 SEX CRIME MISDEMEANOR 2 1.03% 2 1.15% 11 SIMPLE ASSAULTS 6 3.09% 12 6.90% 12 THEFT 71 36.60% 58 33.33% 13 VEHICLE THEFT 7 3.61% 7 4.02% Total 194 97.94% 174 96.55% CITY OF LA QUINTA Apn12009 Gvne Distribution 80 70 60 50 40 30 18 16 20 10r 0 y >Gam] y -7 '.mil tin '�A O0 C �F >9 ram- n� Y� _� Yn� o z?cxi c�'ro H r r rC, C > �� r, '> y y m O m a x a 0 450 350 300 250 200 I50 I00 50 0 nu 70 60 50 40 30 20 0 0 Month to Month Crime Comparison - Aprd R t•[]!Lt•�LJ81'!12 0 r >Q ora c� z m'n orb � m ym mx Or >3 m x m C9 r nr Z ria -jO Ta ZA .i!] rr r Yearto Date Crin Coniparison -April ICI Ili ...�. • ,t t ❑7Ll 1 Lim 11 81 t I �r< _ " _®II oa �O F m'A O'er 3 m m mx wm w- m 2 r r as c< y a ym > zom m o y a 0 Apri12009 0 Apol2W8 0 • Month to Month Calls for Service Comparison April 2009 0 Apr. 2009 E3 Apr. 2008 Total Non -Criminal Criminal Year to Date Calls for Service Comparison 12,000 11,286 10,000 9.653 8,000 6,000 o YTD 2009 p YTD 2008 5,980 4,195 4,000 1 2,000 +`t 0 Total Non -Criminal Criminal 452 Ta<r4raR" COUNCIL/RDA MEETING DATE: June 16, 2009 ITEM TITLE: Public Hearing to Consider Resolutions Upholding the Planning Commission Approval of Conditional Use Permit 2008-112 and Site Development Permit 2008-905 for a 4,924 Square Foot Express (Self -Service) Car Wash on a .98 Acre Site Located on the East Side of Washington Street 780± Feet North of Fred Waring Drive. (Applicant: Leslie Lippich, Architect and Associates, Inc.) Appellants: Archna, LLC and Mayer Villa Capri, L.P., Respectively RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1. Adopt a Resolution of the City Council rejecting the appeals and upholding the Planning Commission approval of Conditional Use Permit 2008-1 12, subject to the Findings and Conditions of Approval. 2. Adopt a Resolution of the City Council rejecting the appeals and upholding the Planning Commission approval of Site Development Permit 2008-905, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: General This project is a self -serve car wash on the east side of Washington Street approximately midway between Fred Waring Drive and Palm Royale Drive (Attachment 1). The Planning Commission approved the project at their meeting of April 28, 2009. The property owners to the south and north of the subject property have individually appealed the Planning Commission approval. 453 Project Description The project consists of a 4,924 square foot express (self -serve) car wash. The facility utilizes a car wash tunnel which automatically washes and dries the car, and outside self -serve vacuum stations (Attachment 2). The facility will employ 2 to 3 employees at any one time, depending on the time of day and weather to assist customers paying and entering the car wash tunnel. The customer would stay in the car while going through the car wash and either leave the site after the wash or use the self-service vacuums before leaving. The vacuuming is included in the cost of the car wash. Hours of operation have been approved to be from 6 a.m. to 10 p.m., seven days a week. Planning Commission Review - April 14, 2009 The Planning Commission initially considered this request at their meeting of April 14, 2009 (Attachment 3). At that hearing various aspects of the project design were discussed including architecture of the building (tunnel), site layout, access, colors, materials and landscaping. A number of concerns were raised by the Commission. The primary concern was whether the project site design should be "flipped" so that the car wash building is adjacent to the north property line, instead of the south property line as shown on the site plan presented at the meeting. Commissioners commented that flipping the site design could allow access between the subject property and the adjacent Villa Capri property to the south and possibly allow a joint driveway from Washington Street with the adjacent property owner to the south. At the meeting, staff noted the original submittal to the Planning Department showed the building on the north side of the site and that when reviewing that plan, Staff encouraged the applicant and adjacent southerly property owner, Mayer Villa Capri, to consider establishing a vehicular access connection between the properties. Representatives from Mayer Villa Capri later met with staff and expressed their strong objection to such a connection citing concerns with potential circulation conflict involving their northerly driveway. Subsequently, staff discussed with the applicant the option of placing the building along the south property line, which led to the site plan that was initially presented at the April 14 Planning Commission meeting. During the public hearing, two members of the public spoke regarding the project. Mr. Marvin Roos, MSA Consulting, spoke on behalf of Mayer Villa Capri. Mr. Roos noted concern with a condition of approval requiring a deceleration lane in front of the proposed car wash and how it could detrimentally affect an adjacent driveway proposed to the south as part of the Mayer Villa Capri project. Additionally, Mr. Roos commented that providing a vehicular connection between the two projects was not supported by Mayer Villa Capri due to the potential for blocking their proposed 454 northerly driveway when car wash traffic use is heavy. Furthermore, he noted a joint driveway on Washington Street to be shared by both properties was not desirable to them. Ms. Terry Forward, Coldwell Banker Commercial, representing the property owner of the adjacent office building to the north, requested a sound barrier wall be placed along the common property line between their property and the proposed car wash. She also stated that her client was not in support of flipping the design. This would increase the noise level by placing the car wash, tunnel up against her client's property. The Planning Commission concluded that further consideration of relocating the building to the north side of the site was necessary and that a new site plan showing this design was needed. Commissioners also requested the applicant provide additional information on the following items: 1. The polycarbonate roof material, including its properties and durability in our climate. 2. Provisions for and design of the pay stations, vacuums and attached trellises (not initially shown on the plans). 3. Trash provisions and operation and maintenance of the facilities. 4. Water use and recycling of the car wash water. 5. Parking lot lighting. 6. Noise issues from the car wash equipment. The Planning Commission continued the public hearing to the April 28 meeting. Continued Planning Commission Review - April 28, 2009 As requested, the applicant submitted a revised site plan and the additional information (Attachment 4). The items submitted included the following: 1. Revised site, landscaping and grading plans showing the car wash tunnel adjacent to the north property line with an option for a vehicular access connection with the property to the south. 2. Detailed information on the polycarbonate roofing material, including photographs showing how it can be used and an actual color sample. 3. Provisions for the location and design of the pay stations, vacuums and attached trellises and trash cans with locations of the vacuum trellises and pay stations shown on the site plan. 4. Maintenance schedules and procedures for the facility's operation. 5. Water use quantities and recycling of the car wash water based on recycling equipment proposed to be used. 6. Information on the light fixtures and poles proposed for the parking lot area. 455 7. Information on expected noise levels based on the proposed washing and drying equipment. The revised site plan "flipped" the building to be adjacent to the north property line as discussed by the Commissioners at the April 14 hearing. The car wash driveway entry from Washington Street remained near the north property line in order to provide maximum separation from the northernmost Mayer Villa Capri driveway to the south. This driveway location would require the car wash customer to immediately turn right upon entering the site and circulate around the site to one of the car wash pay kiosks near the southeast corner of the site. The car wash circulation pattern then would direct customer around the perimeter of the site to enter the car wash tunnel located at the northeast corner. Upon exiting the tunnel the customer could either exit the site by continuing straight out to Washington Street or make a left turn to use the vacuum stations. After vacuuming, the customer would then exit to Washington Street. The staff reports provided for the April 14 and 28 Planning Commission meetings contain a comprehensive description and analysis of the proposed car wash project (Attachments 5 and 6) Between the April 14 and 28 Planning Commission meetings, staff received a letter from Dr. J.E. Chandrashekar, owner of the office building north of subject property. In his letter, Dr. Chandrashekar stated his objection to the car wash project if the building was placed along the north property line adjacent to his property. Additionally, he requested a six-foot high sound wall be provided along the north property line. During the April 28 meeting, Commissioners discussed the new information provided by the applicant including the revised (flipped) site plan (Attachment 2). Commissioners discussed the importance of establishing an access connection between the subject property and the adjacent Mayer Villa Capri property to the south. It was noted that if the car wash building is on the north side of the site potential on - site access with the Mayer property to the south could be achieved, if not now, potentially in the future. The Commissioners noted that the configuration with the building on the south side as originally proposed on April 24 was preferred by Dr. Chandrashekar and could minimize his noise concerns. Commissioners also discussed the proposed polycarbonate roof material, vacuum facilities, daily operations and maintenance of the facility, water use and recycling, parking area lighting, equipment noise, and landscaping. Staff noted that based on the new noise information submitted by the applicant the noise created by the equipment should not exceed Municipal Code noise limits. 456 The Commission felt their questions and concerns were adequately addressed by the applicant's new information to render a decision. A majority of the Commission felt the revised "flipped" plan with the building adjacent to the north property line was preferable with a condition added requiring the construction of a vehicular access up to the property line with the Mayer property as shown on the revised plan. The Commission discussed the possibility that the adjacent Mayer property could be conditioned in the future to include a vehicular access connection if discretionary permits were sought by Mayer; therefore the Commission discussed having the improvements should be made on the car wash site in case that does occur. With regards to Dr. Chandrashekar's concerns, Commissioners felt there would be less intrusive noise with the building along the north property line provided a six-foot high sound wall was installed along the north property line between the Doctor's building and the subject property. The Planning Commission ultimately moved to approve the Conditional Use Permit 2008-1 12 and Site Development Permit 2008-905 by a 4-1 vote (Commissioner Quill voting no), subject to the staff recommended conditions as well as several additional conditions added by the Commission (Attachment 7). Appeal of Planning Commission Approval Archna, LLC (Dr. J.E. Chandrashekar) owner of the two story office building to the north of the project site, and Mayer Villa Capri, L.P, owners of the approved retail and medical centers to the south have appeals of the Planning Commissions approval. (Attachments 8 and 9, respectively). Dr. Chandrashekar (Archna, LLC), states the following reasons for his appeal: 1. The car wash will create excessive noise and pollution and disturb the quiet atmosphere required for the office and medical clinic uses on his property. 2. To minimize the noise, the car wash tunnel should not be next to his property line. 3. There should be a 6-foot high sound wall along the property line to minimize the noise. Mayer Villa Capri is appealing Condition of Approval #107 of the Site Development Permit. That condition reads as follows: 107. The vehicular access, as shown on the approved plans, providing ingress and egress with the adjacent property to the south, shall be installed as part of this project. The access shall be designed in a manner that provides a temporary barrier to such access until improvements, facilitating such access, on the property to the south are completed and a reciprocal access agreement between 457 both property owners is fully executed and recorded. At such time, the owner of the subject site shall cause the barrier to be removed and full access, as designed, shall be provided. The design of the temporary barrier shall include landscaping and shall be approved by the Planning Director and the City Engineer prior to installation. Mayer Villa Capri's primary justification for their appeal, in summary is as follows: 1. Circulation Issues — It will be confusing and problematic. It will create additional points of conflict on the primary delivery and trash truck route. 2. Drainage/Grading Issues — Final grades on the Villa Capri project may need to be significantly adjusted due to the differences in the two properties existing pad elevations. 3. Shared Maintenance Responsibility — The Villa Capri tenants will share in common area maintenance costs. The car wash will not be required to pay its share of these costs. 4. Aesthetics — The car wash architecture does not match or meet the higher standards of the Villa Capri project. 5. No Customer Relationship between Car Wash and Villa Capri — Villa Capri and drive-thru car wash customers are not likely to combine trips to visit both businesses. 6. Forcing Re -negotiations with Villa Capri Confirmed Tenants — Access to the car wash was not included in circulation discussions with major tenants during negotiations. This would require re -negotiations and places a burden on the appellant and create no meaningful benefit for their project. 7. The Driveway Unfairly Shifts the Burden of Site Access for the Car Wash to Villa Capri — Villa Capri was not required to provide cross access with the car wash. Requiring it now unfairly shifts the burden of access to the car wash to Villa Capri. In summary, Dr. Chandrashekar believes the noise created by the car wash tunnel adjacent to his common property line with the project will be disturbing to him and his tenants. Therefore, he wants the building to be adjacent to the south property line. Additionally, he is requesting a six-foot high wall along the north property line. The Planning Commission's approval added a condition for such a wall along the property line. Mayer Villa Capri is concerned that the Planning Commission's addition of Condition #107 to the car wash approval requiring a driveway access stub from the car wash site to their property will lead to a similar condition being imposed upon them if they apply for a future a discretionary permit for their site. They believe such a driveway connection will be detrimental to their operation for a number of reasons including I ; circulation, traffic congestion on their site, grading, maintenance, and will not provide any benefit to them. Applicants Response to the Appeal Mr. Leslie Lippich, the project architect has submitted a letter responding to the two appeals (Attachment 10). In his letter, Mr. Lippich states why the owner believes the noise will not be detrimental to the office building to the north and notes that they agree with Mayer Villa Capri's request to delete the cross access connection between the two properties. In conclusion, they are requesting the Planning Commission's decision be upheld with the site plan design as shown and deleting Condition number 107 which requires the vehicular connection to the Mayer Villa Capri property. FINDINGS AND ALTERNATIVES: Findings necessary to uphold the Planning Commission approval can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council rejecting the appeals and upholding the Planning Commission approval of Conditional Use Permit 2008-1 12 subject to the Findings and Conditions of Approval; and 2. Adopt a Resolution of the City Council rejecting the appeals and upholding the Planning Commission approval of Site Development Permit 2008-905 subject to the Findings and Conditions of Approval; or 3. Accept the applicant's appeal request and direct staff to prepare a Resolution overturning the Planning Commission and granting the appellant's request; or 4. Provide staff with alternative direction. Respectfully s Planning Director 459 Attachments Approved for submission by: Thomas P. Genovese, City Manager 1 . Location Map 2. Development plans 3. Planning Commission meeting minutes — April 14, 2009 4. Planning Commission meeting minutes — April 28, 2009 5. Planning Commission Staff Report - April 14, 2009 6. Planning Commission Staff Report - April 28, 2009 7. Planning Commission Resolutions 2009-014 and 2009-015 8. Appeal letter from Archna, LLC (Dr. J.E. Chandrashekar) 9. Appeal letter from Mayer Villa Capri 10. Letter from Leslie Lippich, Architect & Associates 460 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION APPROVAL OF AN EXPRESS CAR WASH USE IN THE COMMUNITY COMMERCIAL ZONE LOCATED ON THE WEST SIDE OF WASHINGTON STREET APPROXIMATELY 780 FEET NORTH OF FRED WARING DRIVE CASE NO.: CONDITIONAL USE PERMIT 2008-112 APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES WHEREAS, the City Council of the City of La Quinta, California, did on the 161h day of June, 2009, hold a duly -noticed Public Hearing to consider the appeals of Archna, LLC and Mayer Villa Capri, L.P. of a Planning Commission approval of a request of LESLIE LIPPICH ARCHITECT AND ASSOCIATES (for Yury Levitan) which approved an express car wash located on the east side of Washington Street approximately 780 feet north of Fred Waring Drive more particularly described as: APN 609-070-047 WHEREAS, said Conditional Use Permit has been filed concurrently with a Site Development Permit and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act therefore, no further documentation is necessary; and WHEREAS, the Planning Department did publish a public hearing notice in The Desert Sun newspaper, on the 5T" day of June, 2009, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, the Planning Commission of the City of _La Quinta, California, did on the 14`h day of April, 2009, hold a public hearing, and on the 28`h day of April, 2009, adopt Resolution 2009-014 approving Conditional Use Permit 2008-1 12, subject to Conditions;and, 1. 461, Resolution No. 2009- Conditional Use Permit 2008-112 Leslie Lippich Architect and Associates Adopted: June 16, 2009 Page 2 of 4 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 upholding the Planning Commission approval of the Conditional Use Permit: 1. Conditional Use Permit 2008-112 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial (CC) which is intended to be developed with commercial uses including the car wash use proposed herein. This commercial use will therefore help achieve the goals and permitted uses of the CC designation. 2. Conditional Use Permit 2008-112 is consistent with the La Quinta Zoning Code in that it is conditionally permitted under the CC zoning designation with a Conditional Use Permit. The project's proposed use is consistent with the uses identified in the CC district and have been designed and is conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Conditional Use Permit 2008-112 is in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. 4. Approval of Conditional Use Permit 2008-112 will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to or be incompatible with other properties or land uses in the vicinity in that the use is self contained in a building that has been designed to be compatible with the adjacent uses. Furthermore, it is a significant distance from nearby residential and school uses and will not create conditions, such as noise, odors, traffic, etc. that will be detrimental to adjacent properties. 5. The City Council did not find substantiation to support the appeals of the Planning Commission's approval in that the arguments of the appellants did not warrant a change to the Planning Commission's approval action. •• 462 Resolution No. 2009- Conditional Use Permit 2006-112 Leslie Lippich Architect and Associates Adopted: June 16, 2009 Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby uphold the Planning Commission approval of Conditional Use Permit 2008-112, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 16`h day of June, 2009, by the following vote, to wit: AYES: fLlIQ*51 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) 463 Resolution No. 2009- Conditional Use Permit 2008-112 Leslie Lippich Architect and Associates Adopted: June 16, 2009 Page 4 of 4 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 464 RESOLUTION NO. 2009- CONDITIONAL USE PERMIT 2008-112 LESLIE LIPPICH ARCHITECT AND ASSOCIATES CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: GENERAL The use of the subject property for a car wash facility shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2008-1 12 and Site Development Permit 2008-905, unless otherwise amended by the following conditions. 2. The Conditional Use Permit shall be expire after two years of the effective date of approval, and shall become null and void. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. No ancillary uses such as detailing, window tinting, etc. shall be conducted on the property unless specifically approved in writing by the Planning Director. Additionally, no temporary structures such as tents, covers, etc. shall be placed on the property. 5. Hours of operation are limited to 6 am to 10 pm..Seven days a week. There shall be a minimum of two employees on duty at all times. 6. Landscaping shall be continuously maintained with dead plants immediately replaced with like plant material. 7. There shall be continuous on -site maintenance of the car wash facility per the Daily Maintenance Schedule submitted and on file in the Planning Department. The Daily Maintenance Schedule shall be revised to include all operations and maintenance of the facility including landscape maintenance, and be approved by the Planning Director prior to final construction inspection by the Planning Department. 465 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING PLANNING COMMISSION APPROVAL OF DEVELOPMENT PLANS FOR AN EXPRESS CAR WASH LOCATED ON THE WEST SIDE OF WASHINGTON STREET APPROXIMATELY 780 FEET NORTH OF FRED WARING DRIVE CASE NO.: SITE DEVELOPMENT PERMIT 2008-905 APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES WHEREAS, the City Council of the City of La Quinta, California, did on the 16t' day of June, 2009, hold a duly -noticed Public Hearing to consider the appeals of Archna, LLC and Mayer Villa Capri, L.P. of a Planning Commission approval of a request of LESLIE LIPPICH ARCHITECT AND ASSOCIATES (for Yury Levitan) which approved an express car wash located on the east side of Washington Street approximately 780 feet north of Fred Waring Drive more particularly described as: APN 609-070-047 WHEREAS, said Site Development Permit has been filed concurrently with a Conditional Use Permit and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the La Quinta Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. Therefore, no further documentation is necessary; and WHEREAS, the Planning Department did publish a public hearing notice in The Desert Sun newspaper, on the 5T" day of June, 2009, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, the La Quinta Architecture and Landscaping Review Committee, at their meeting on the 1" day of April, 2009 reviewed the development plans associated with Site Development Permit 2008-905, and adopted a Minute Motion recommending approval to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14`h day of April, 2009, hold a public hearing, and on the 281h day of April, 2009, adopt Resolution 2009-015 approving Site Development Permit 2008-905, subject to Conditions; and, 1•• Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Adopted: 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 upholding the Planning Commission approval of the Site Development Permit: 1. Site Development Permit 2008-905 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial which permits, with a Conditional Use Permit which has been approved, and anticipates the use as proposed. The commercial uses will therefore help achieve the goal and permitted uses of the Community Commercial designation. 2. Site Development Permit 2008-905 is consistent with the La Quinta Zoning Code in that it proposes commercial uses permitted under the Community Commercial (CC) zoning designation. The project's proposed uses are consistent with the uses identified in the CC district and have been designed or are conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Site Development Permit 2008-905 is in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. 4. The architectural design of Site Development Permit 2008-905, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. 5. The site design of Site Development Permit 2008-905, including, but not limited to project entries, interior circulation, pedestrian amenities, and other site design elements will be compatible with surrounding development and with the quality of design prevalent in the City. 6. Site Development Permit 2008-905 landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials is designed and conditioned so as to provide relief, complement buildings, 467 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Adopted: visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses. The project design and landscaping will serve to establish an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and CVWD water efficiency requirements, ensuring efficient water use. 7. The City Council did not find substantiation to support the appeals of the Planning Commission's approval in that the arguments of the appellants did not warrant a change to the Planning Commission's approval action. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby uphold the Planning Commission approval of Site Development Permit 2008-905, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 16`h day of June, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 468 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Adopted: ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 469 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. 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 Site Development Permit is valid for two years from April 28, 2009, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the La Quinta Municipal Code. 3. 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 • Riverside Co. Environmental Health Department • Desert Sands Unified School District OR Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) 470 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 2 of 24 • 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 ("NOl"), prior to the issuance of a grading or site construction permit by the City. 4. 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. 137-2008-0001 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"). 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)): 471 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 3 of 24 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. Additionally, the applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. G. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001 . H. 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. 472 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: June 16, 2009 Page 4 of 24 5. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 6. 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 and shall make a good faith effort to acquire easements or other property rights for the adjacent project's deceleration lane transition curb reconstruction. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 7. The applicant shall offer for dedication or other development application all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. Dedication of Right of Way and Landscape setbacks shall utilize contracts, approved by the City Attorney, for perpetual maintenance, as applicable. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1. Washington Street (Major Arterial, 120' ROW) — Per the General Plan, the standard 60 feet from the centerline of Washington for a total 120-foot ultimate developed right of way. U3 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 5 of 24 2. Deceleration Lane on Washington - An additional right of way dedication along the project measuring sixty-eight (68) feet east of the centerline of Washington Street per the Site Plan dated April 17, 2009. 3. Right of Way Extension along the Deceleration Lane Transition on Washington Street at the La Quinta Business Center (SDP No. 2004- 814) - The applicant shall put forth a "good faith effort" to attain Right of Way dedication from the adjacent property measuring sixty- eight (68) feet east of the centerline of Washington Street per the Site Plan dated April 17, 2009. 9. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 10. Dedications shall include additional widths as necessary for turn lanes, bus turnouts, and other features contained in the approved construction plans. 1 1 . The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L. 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. 12. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, and drainage basins. 13. Direct vehicular access to Washington Street shall be the access point identified on the Site Plan dated April 17, 2009, or as otherwise conditioned in these conditions of approval. 474 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 6 of 24 14. 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. STREET AND TRAFFIC IMPROVEMENTS 15. The applicant shall construct the following street improvements to conform with the General Plan A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 120' R/W): Widen the east side of the street to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Per the General Plan, the east curb face shall be located fifty one feet (51') east of the centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) b) A twelve -foot (12') deceleration/right turn only lane at Washington Street Entry. The east curb face shall be located sixty feet (60') east of the centerline. The required deceleration lane shall be for the entire length of the project site. c) At the La Quinta Business Center, SDP No. 2004-814, reconstruct the deceleration lane transition curb to match the curb face found in the deceleration lane (60' east of centerline) as shown on Plan Set Number 06079 Sheet 2 of 5. All construction work on Washington Street shall be approved by the City Engineer. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs, at the entrance for pedestrian safety. 475 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 7 of 24 b) Provide lighting sufficient for school zone and pedestrian safety along the ADA pathway. c) Eight (8) foot wide meandering sidewalk. d) Reconstruct and realign the sidewalk at The La Quinta Business Center (SDP No. 2004-814) caused by demolition from the proposed reconstruction and realignment of the curb along the deceleration lane transition per Site Plan dated April 17, 2009. e) If required, modify the half width of a fourteen foot (14') wide raised landscaped median along the entire boundary of the project as approved by the City Engineer. 16. The applicant shall construct all offsite improvements prior to Building Occupancy. 17. 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: Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 18. 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. 19. General access points and turning movements of traffic are limited to the following: Washington Street Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 8 of 24 1. Primary Access Drive: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. 20. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 21. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 22. 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 47� Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 9 of 24 features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 23. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Site Plan dated 04-17-09, and these Conditions of Approval. 24. 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. 25.. 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. 26. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 27. 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- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Recommended Adopted: June 16, 2009 Page 10 of 24 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 28. 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). 29. 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 Rough Grading Plan (Optional) 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) R F Off -Site Street Improvement/Storm Drain Plan/Meandering Sidewalk 1 " = 40' Horizontal, 1 " = 4' Vertical Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the sidewalk, mounding, and berming design in the combined parkway and landscape setback area. 479 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 11 of 24 G. On -Site Precise Grading Plan 1 " = 30' Horizontal The Precise Grading plan shall include: Storm Drain/Underground Retention. NOTE: A through G shall 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 Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. The Precise Grading 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. "Rough Grading" plans shall normally include perimeter walls with Top of Wall & Top of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 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 Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "Site Development" 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. 30. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and ail Resolution No. 2009- Site Development Permit 2009-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 12 of 24 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. 31. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 32. 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 or equal according to Engineering Bulletin 09-01 . IMPROVEMENT SECURITY AGREEMENTS 33. Prior to constructing any off -site improvements on Washington Street, the developer shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the offsite improvements required on Washington Street. 34. 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. 35. Depending on the timing of the development of this Site Development Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct all 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 Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 13 of 24 In the event that any of the improvements required for this development are constructed by the City, the applicant shall reimburse the City for the costs of such improvements. 36. 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. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or cable t.v. improvements. GRADING 37. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 38. 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. 39. 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 482 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 14 of 24 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. 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. 40. 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. 41. 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 (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 42. Building pad elevation shall not differ by more that one foot higher from the building pads in adjacent developments, or the applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 483 Resolution No. 2009- Site. Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 15 of 24 43. 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. The 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 44. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site and adjacent tributary '/2 street area during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. The required volume of the underground retention system was estimated to be equal to 12,004 cubic feet per the Preliminary Hydrology and Drainage Report for La Quinta Hand Car Wash Commercial Site dated June 3, 2008 and Revised August 22, 2008. The vault design shall be approved by the City Engineer. 45. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 46. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 47. The project shall be designed to accommodate purging and blow -off water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 484 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 16 of 24 48. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 49. 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). 50. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 51. 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. 52. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 53. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 54. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 55. 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. 485 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 17 of 24 CONSTRUCTION 56. The City will conduct final inspections of the habitable building only when the building has improved parking lot and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices and pavement markings. LANDSCAPE AND IRRIGATION 57. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). Tree quantities for the approved landscape plan (with tunnel on north side of site) shall be the same as the landscape plan dated 3-11-09 with the tunnel on the south side of the site. 58. The applicant shall provide landscaping in the required setbacks, and common areas. 59. Landscape and irrigation plans for landscaped areas and setbacks, and medians shall be signed and stamped by a licensed landscape architect. 60. The applicant shall submit the irrigation and planting plans to the Planning Department for approval. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner. The plans shall then be re- submitted to the Planning Department for review and approval by the Planning Commission, and signature by the Planning Director. However, landscape plans for landscaped medians 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 approved prior to issuance of building permit. Final plans shall include all landscaping and equipment such as vacuums/trellises, walls, etc., associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 486 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 18 of 24 61. 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. 62. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 63. Bougainvillea vines shall be provided on all trellises facing the vacuuming area. 64. The two 36" box size Mediterranean Fan Palms shown in the two landscape parking lot fingers adjacent to the car wash building shall be changed to 15' bth Washingtonia filifera (California fan palm). 65. All trees proposed in the landscape areas adjacent to Washington Street shall have a minimum trunk caliper of two inches measured at least 12 inches from the ground. PUBLIC SERVICES 66. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 67. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 68. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 69. 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. 487 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 19 of 24 70. 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). 71. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with Chapter 3.34 of the Municipal Code unless modified by the City Council. FIRE MARSHAL 72. Provide or show there exists a water system capable of delivering a fire flow 8,000 gallons per minute for four hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 73. Approved accessible on -site super fire hydrants shall be located not to exceed 200 feet apart in any direction. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus as measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 400 feet from a fire hydrant. Fire hydrants shall provide the required flow. 74. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 75. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 76. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-05 (located at www.rvcfire.org) 77. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access 438 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 20 of 24 lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 78. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus. 79. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 80. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation"standards may be obtained at the Fire Department. 81. Street numbers shall be displayed in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 82. Install a complete commercial fire sprinkler system (per NFPA 13 2002 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front of building and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current permit fees, to the Fire Department for review and approval prior to installation. 489 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 21 of 24 83. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 84. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 85. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2007 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 86. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2007 California Building Code. 87. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 88. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside of door. 89. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of door. 90. Roof Access room door if applicable shall be posted "Roof Access" on outside of door. 91. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 92. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. 2007 CIVIC Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 22 of 24 93. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. MISCELLANEOUS 94. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 95. Signage is not a part of this approval. All signs shall comply with the requirements of Zoning Code Chapter 9.160. 96. All parking areas shall be screened from view through the means of a landscaped berm, a three foot high decorative masonry wall, landscaped hedges or bushes with significant foliage, or a combination of all three methods. All screening shall be reviewed and approved by the Planning Director. 97. No ancillary uses such as detailing, window tinting, etc. shall be conducted on the property unless specifically approved in writing by the Planning Director. Additionally, no temporary structures such as tents, covers, etc. shall be placed on the property. 98. Design, color and finish of the proposed six (6) foot high sound walls shall be approved by the Planning Director prior to issuance of a building permit. 99. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 100. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, including a Native -American monitor. Proof of retention of monitors shall be given to the City prior to issuance of the 491 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 23 of 24 first earth -moving or clearing permit. The monitor shall be empowered to temporarily halt or divert equipment to allow for City notification and analysis. 101. The final report on the monitoring shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy for the project. 102 Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 103. If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Planning Department shall be notified immediately. 104. A program and system for recycling of used car wash water shall be implemented and approved by the Planning Director. 105. A six-foot high masonry sound wall shall be installed in the landscaping area along the exit drive from the carwash structure and along the north property line. The exact design, location and length of the wall shall be worked out with staff and shown on the final landscaping plans. 106. The project shall be developed per the site plan dated April 17, 2009, and associated plans showing the car wash tunnel on the north half of the subject site. 107. The vehicular access, as shown on the approved plans, providing ingress and egress with the adjacent property to the south, shall be installed as part of this project. The access shall be designed in a manner that provides a temporary barrier to such access until improvements, facilitating such access, on the property to the south are completed and a reciprocal access agreement between both property owners is fully executed and recorded. At such time, the owner of the subject site shall cause the barrier to be removed and full access, as 492 Resolution No. 2009- Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Recommended Adopted: June 16, 2009 Page 24 of 24 designed, shall be provided. The design of the temporary barrier shall include landscaping and shall be approved by the Planning Director and the City Engineer prior to installation. 108. Miscellaneous equipment used in conjunction with this facility (i.e., pay machines, menu boards, vacuums and associated trellis, trash cans, light fixtures, etc.) shall be primarily earth tone in color. The exact colors shall be approved by the Planning Director prior to installation. 493 CASSE No. CUP m LIPPICH ATTACHMENT 1 rl SCALE: NTS 12494 ATTACHMENT 2 SEE LARGE PLANS AND BINDER 495 ATTACHMENT 3 Plan mng'Commission' M i n utes ' Api l !l 4,' 2009 Chairman report. the public hearing and asked for the staff Planning Dire or Les Johnson noted this was the second continuation for this item and said staff would like to reschedule it to the April 28, 2009 mee ng to allow additional time to address all of their concerns. Chairm Alderson asked if there were any comments from the public. There were no comments from the public, and he then closed the publ' hearing portion of the meeting. T ere being no further discussion from the Commissioners, it was oved and seconded by Commissioners Barrows/Wilkinson to continue Sign Application 2006-1078, Amendment No. 1 to the eting of April 28, 2009. Unanimously approved. x B ♦«`Site Development Permit 200&905 an&!Conditionaf Use -Permit 2008- ::112,`.a request by Leslie Lippich Architect and Associates for Yury Levitan for consideration of architectural and landscaping plans for a 4,924 square foot express (self-service) car wash to be located on the east side of Washington Street, approximately f 780 feet north of Fred Waring 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. Principal Planner Sawa said staff had received an e-mail from Mr. Marvin Roos, Director of Design Development with MSA Consulting, representing the Robert Capri Corporation expressing concerns regarding the proposed requirement for a deceleration lane for the car wash entry located on Washington Street. Mr. Roos noted in his e-mail there was no professional traffic analysis indicating the need for a deceleration lane; nor would the car wash generate the amount of trips per peak hour that would trigger the threshold identified by the City to require a deceleration lane. Mr. Roos stated his concern was that the condition, as written, would create an off -set curb condition for the adjacent Mayer Villa Capri project at the northern driveway and the off -sets could be confusing and possibly dangerous to motorists. Mr. Roos proposed the condition state the driveway curbs not be off- 496 P:\,Reports- PC`.2009\4-28-09\PC MINA-14-09, Dra R.doc Planning Commission Minutes April 14, 2009 set and the deceleration lane start northerly of the Mayer Villa Capri approved entry on Washington Street. Mr. Roos noted a second concern in his e-mail pointing out that the landscaping plans submitted for the car wash did not indicate any ground cover for the area between the car wash and the property line. He said he hoped that area would be covered with decomposed granite and rockscape as shown elsewhere on the landscaping plans. Chairman Alderson asked if there were any questions of staff. Commissioner Weber asked if the hours of operation for the car wash were specified in the Code. Staff replied they were not.and that the closing time was indicated by the applicant. Commissioner Weber asked if there were any requirements to prepare a noise study. Staff replied there were not. Commissioner Weber asked if the applicant was in agreement with the condition to install some type of a sound barrier wall to help deflect the noise from the tunnel. Principal Planner Sawa indicated it was his understanding that the applicant was in support of the condition. Chairman Alderson asked Principal Engineer Ed Wimmer to explain the issue concerning the deceleration lane as expressed by Mr. Roos in his e-mail. Principal Engineer Wimmer explained deceleration lanes were usually required on major arterial streets, however, if an applicant demonstrated that less than fifty vehicles per hour would be generated in the peak hour, then a deceleration lane would not be required. He said this project was exempt from CEQA requirements and therefore, did not require a traffic study. Public Works had conducted an in- house analysis in regards to the IT trip generation rate for similar type projects and it had identified that the trips generated would be in the area of forty-five vehicles per hour in the peak hour, which would not be enough to require a deceleration lane. However, in this case, the applicant offered to put the deceleration lane in front of his property. The proposed deceleration lane at 116 feet would not qualify for a complete design for a deceleration lane, but it would provide an opportunity for the traffic wanting to turn into the car wash to move into the lane and allow the faster moving traffic through on the outer lane on Washington Street. Principal Engineer said staff did not share the concern expressed by Mr. Roos and felt that the proposed deceleration lane would be a benefit to Washington Street and would help move traffic along. 491 P:1.Reports - PC\.2009114-28-09TC MIN_4-14-09_Qraft.doc Planning Commission Minutes April 14, 2009 Commissioner Weber asked what the speed limit was for that location on Washington Street. Principal Engineer Wimmer replied the posted speed limit was fifty mph. Commissioner Weber pointed out other partial deceleration lanes already in existence near the project. Staff explained the benefits and connectivity between the partial deceleration lane for the car wash and the adjacent La Quinta Business Center. Commissioner Weber asked if the applicant would be submitting final landscaping plans as the ones currently submitted were marked as drafts. Principal Planner Sawa replied the applicant would be submitting final landscaping plans for approval, based on the Commission's decision and direction. Chairman Alderson asked to clarify that the applicant would address the landscaping for the area between the car wash and the property line in the final landscaping plans. Staff confirmed. Commissioner Quill commented that if the car wash site plan was submitted as a mirror image of itself, the parking area would be facing the Mayer Villa Capri parking lots. That would allow for connectivity between the two projects and would eliminate the necessity for two driveways that were only 150 feet apart from each other, as one access point could be used for both projects. He noted the deceleration lane, if the same access point is used, would have to be extended over the Mayer site as well. Commissioner Quill asked staff why flipping the site plan was not considered in the preliminary review of the project especially in terms of sustainability, preservation, and keeping vehicles off the main arterial for trip reduction. Planning Director Johnson said there was a lot of discussion about having the car wash design flipped and he noted the original proposal by the applicant did have the building flipped. He explained the driveway into the car wash in the original plans was not shared; however, it was adjacent to the one for the Mayer Villa Capri site. Staff had extensively discussed the issue of connectivity between the two projects and the Mayer Corporation was not in support of it because of concerns regarding potential access logistics, traffic flow, and the stacking of vehicles for the car wash creating a problem for the Mayer Villa Capri site and the site design to the south. He noted 498 P:`,Reports - PC%20WA 28-09TC MIN-4 14 09 Oraftdoc Planning Commission Minutes April 14, 2009 the issue had been discussed at length as staff shared the same interest and concern expressed by Commissioner Quill, however, both parties were not supportive of having the connectivity between the two projects. General discussion followed regarding what the potential issues would have been if there was a shared driveway for both projects. Commissioner Wilkinson asked about the length of the drive area from the access point on Washington Street to the car wash pay station and approximately how many cars would be accommodated in the three lanes. Staff replied approximately twenty vehicles, but that the applicant would be able to better answer those questions. Chairman Alderson asked r applicant was supportive height was six feet and condition. about the height of the wall and if the of it. Staff responded the recommended that the applicant would comply with the Chairman Alderson inquired if the recommendations made by the ALRC regarding the building color palette and types of palm trees used had been incorporated into the submitted plans. Staff replied the recommendations were not addressed in the plans, but were made part of the conditions of approval. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Robert Palmer, Leslie Lippich Architect and Associates, Inc., 4766 Park Granada, Calabasas, CA 91302, introduced himself and offered to answer any questions the Commission might have. Commissioner Quill inquired how the polycarbonate clear roof material of the car wash would be made to look like copper. Mr. Palmer replied the polycarbonate material was available in different colors and the architect chose to use the bronze, or copper -like, color because the car wash would be in the southwest and it would blend better with its surroundings. He explained the material was chosen because it was light, cost effective, and allowed sunlight to get through to the car wash tunnel during the day eliminating the need to have lights on. Commissioner Quill asked about the design of the vacuum cleaners. Mr. Palmer explained the vacuum cleaners would look like hoses 499 P:ifteports - PC?2009%4-28-09�.PC VIIN_4-14-09 Oraft.doc Planning Commission Minutes April 14, 2009 running across a canopy and dropping down, similar to full service car wash vacuum cleaners. Commissioner Quill said the canopy was not identified on the site plans. Chairman Alderson concurred. Mr. Palmer replied the canopy was not identified because it was subject to a different permit. Planning Director Johnson stated the applicant had never mentioned to staff that there would be a canopy. Commissioner Quill noted the Commission was being asked to approve the plans without knowing what the canopy would look like, even though it was an architectural design feature of the car wash. Commissioner Quill asked about the trash receptacles and what measures would be taken to ensure that they get emptied out on a regular basis. He was also concerned about the applicant making sure the parking lot would be consistently swept and kept clean. Yury Levitan, Owner of the Express Car Wash, 11501 Donna Evita Drive, Studio City, CA 91604, introduced himself and addressed Commissioner Quill's previous question regarding the vacuum cleaning equipment. He said they would be using Vacuum Tech, a company which specialized in custom design of central vacuum systems and explained where the equipment would be located and how it would work. Mr. Levitan said there would always be at least two employees present at all times at the car wash and they would be in charge of maintenance and monitoring cleanliness of the site. Further, the volume of business would determine the appropriate manpower necessary to maintain the car wash. Commissioner Quill asked if the car wash was fully automated. Mr. Levitan replied the car wash would be fully automated. He said payment would be rendered through computers located at each of the three lanes as the cars entered the car wash and explained the process. Commissioner Quill asked about the aesthetic design of the trash receptacles and if there would be one at every parking space. Mr. Levitan replied the design had not yet been determined and there would be trash receptacles at every parking space. 510 PP'.Reports - PC`\.2009`A 28-09TC MIN 4 14-09_ Draff.dar. Planning Commission Minutes April 14, 2009 Commissioner Quill asked where the vending machines would be located. Mr. Levitan noted the vending machines would be located in the building niches. Commissioner Quill asked about the type of material that would be used for the parking lot. Mr. Levitan said, due to the high temperatures in the desert area, it would most likely to be concrete instead of asphalt. Commissioner Quill asked, and the applicant confirmed that he would not object if the Commission conditioned him to use concrete. Commissioner Quill asked for details on the site lighting. Staff replied a requirement for additional design information on the lighting was included in the conditions of approval. Mr. Levitan said the lighting plans had not been completed, but sufficient lighting would be provided to allow for the car wash to operate at night. Commissioner Quill inquired about the hours of operation for the car wash. Mr. Levitan said the car wash would be open from 6:00 a.m. until 10:00 p.m., but if business was very slow, it would trigger an earlier closing time. Commissioner Quill asked if there would be employees present at the car wash during all hours of operation. Mr. Levitan replied there would. Commissioner Quill inquired about the close -down process and what it would involve. Mr. Levitan explained all outside equipment would be put away in the mechanical room, the gates to the tunnel would be closed, and the site would be secured with an alarm system. Commissioner Quill asked if there would be end -of -day parking lot maintenance. Mr. Levitan replied parking lot maintenance would be done two to three times a day. Chairman Alderson asked if the two car wash employees would be the ones designated for the maintenance of the car wash. Mr. Levitan said the two employees would be in charge of maintenance, but if volume was high and more manpower was needed, more employees would work the site. Commissioner Quill asked if the water would be recycled and what would be the recycling process. Mr. Levitan explained the water recycling process. P:%.Reports - PC`:2009`:4-28-09111PC MIN_4-14-09_Draft.doo 1 Planning Commission Minutes April 14, 2009 Commissioner Quill asked approximately how much water would be used to operate the car wash. Mr. Levitan gave an example of the car wash in Palm Desert and stated the water bill for that operation was from $300 to $400 per month. His estimate for the La Quinta car wash would be between $400 and $500 per month. Commissioner Quill asked who would be in charge of maintaining the landscaping. Mr. Levitan replied a landscaping company would be put in charge on a weekly basis. Commissioner Wilkinson inquired about the warranty for the polycarbonate roof material. Mr. Palmer replied the warranty was at least 10 years, possibly more. Commissioner Wilkinson asked about heat generation within the car wash tunnel, considering the translucent roof material would allow a substantial amount of heat to build up in the tunnel. Mr. Palmer asked for the elevation plans to be displayed. He explained the top of the car wash tunnel at the front, and rear elevations, would be open for ventilation, as well as the tunnel doors being open during operating hours. Commissioner Wilkinson expressed concern regarding the durability of the roof material. He also concurred with Commissioner Quill's comments regarding not having any information on the color palette, shade structure, lighting, trash receptacles, etc. Commissioner Barrows asked if the proposed polycarbonate roof material had been used in other places with similar weather conditions. Mr. Palmer replied the same roof material was used for a similar car wash in Las Vegas. He said the main reason the material was preferred to other materials was because it was light and translucent. He explained there was no roof equipment and it was a self supporting structure. Commissioner Weber echoed the concerns. regarding the roof material expressed by his fellow Commissioners in terms of durability, discoloration, and heat generation. He said the applicant should try to provide an example of where the material was used successfully. Mr. Palmer noted the polycarbonate material was generally used for green houses and therefore it would be able to sustain the heat. He explained there wouldn't be high levels of heat generated in the car wash tunnel because in addition to the roof and door openings on both P:..Reports - PC'.200914-28-091PC MIN -I 14 09,Drah.dos Planning Commission Minutes April 14, 2009 ends of the tunnel, the entire car wash process required the use of water which would further reduce the heat levels. Mr. Palmer said the car wash tunnel was only for the car wash operations, the on -site office and restrooms were located to the side of the car wash building and were not under the polycarbonate roof material. Commissioner Weber clarified that his concern was not in terms of generating heat inside the car wash tunnel, but rather whether or not the polycarbonate material was durable enough to sustain the high temperatures of the desert. Mr. Palmer noted that was why he mentioned that this type of material was generally used for green houses. Commissioner Weber asked for the applicant's comments on the deceleration lane and expressed his concern regarding traffic safety and possible future liability for the City of La Quinta. Mr. John Hacker, Civil Engineer, 77810 Las Montar5as Road, Palm Desert, CA 92260, introduced himself as part of the applicant's design team and provided his expertise on the traffic analysis for the car wash. He said, based on the estimated trips generated and the car wash design, there should be no backing up of traffic and no need for a deceleration lane. Mr. Hacker addressed the Commission's concern regarding the maintenance of the car wash. He said staff requires the applicant to submit a report for Best Management Practices (BMP) which identifies in detail how the applicant is to maintain the site. A newer trend is to also require the applicant to sign the report committing him/her to perform by the identified BMPs. Commissioner Weber asked for comments about the reverse design of the car wash. Mr. Hacker replied the original plans for the car wash were reversed, but the Robert Mayer Corporation was not in favor of that design. He noted Mr. Levitan did not object to having the car wash designed either way. When the applicant was asked by staff to flip the design and re -submit the site plans, he agreed. Chairman Alderson asked Mr. Hacker if he was the Civil Engineer for the car wash project. Mr. Hacker said he was. Chairman Alderson inquired about the symbols on the grading plan indicating the grease and sand traps. Mr. Hacker explained those were part of the 5 )3 P:�,Reparts- PC'.2009\4-28-09'TC MIN_4-14-09_Draf.doo Planning Commission Minutes April 14, 2009 architectural design and he was not involved in that part of the project. He said he would provide an underground storm trap to channel the water. Chairman Alderson commented the grading plans did not have sufficient information indicating the flow of the storm drain water. Mr. Hacker said the water in the submitted design was being channeled to the underground storm pipes and a minor amount of water was directed to a small catch basin at the entrance. Mr. Hacker explained the works of the underground water receptacles and the catch basin and noted the design could be modified during the final grading. Chairman Alderson expressed concern that there was only one catch basin and, if it were to plug up, the water would not have a second place to drain. Mr. Hacker replied there was a second catch basin above the receptacles. He said additional catch basins could be easily installed. Chairman Alderson asked if there was any public comment. Ms. Terry Forward, Coldwell Banker Commercial, introduced herself as a representative of the owner of the La Quinta Business Center, 43- 576 Washington Street, La Quinta, CA 92253, located to the north of the proposed car wash, and asked for an explanation as to whether or not there would be some type of sound barrier protection to ensure there would be no nuisance noise for those tenants. Principal Planner Sawa replied there were no walls proposed along the north property line, only landscaping. Ms. Forward inquired about the type of landscaping. Staff said the plans identified alternating citrus and palm trees along the north border. Ms. Forward asked if there could be possible accommodation for a different type of landscaping or a sound wall barrier. Staff replied the Planning Commission had the authority to impose such a requirement on the applicant if it was determined to be necessary. Commissioner Quill asked if staff had required the applicant to submit acoustic information on the car wash equipment and operation. Planning Director Johnson replied acoustics were not requested. He explained staff had identified the need for a wall along the eastern property boundaries because of the new school to the east; however, staff did not define a requirement for walls along the north and south property lines. 534 P:',Reports - PCi2009`.4-28-WK MIN 4-14-09,_Draftdoc Planning Commission Minutes April 14, 2009 Commissioner Quill asked if staff had asked the applicant to submit some type of a decibel (DB) analysis on their operation and if there was an established threshold. Staff replied the Code identified a standard DB level, but based on the proposed operation, staff had no reason to believe that it would exceed the City's established standard requirements. Staff did not require the applicant to conduct any type of noise analysis. Chairman Alderson asked Ms. Forward if the answer provided by staff was sufficient or if she insisted on further consideration for acoustic protection. Ms. Forward noted her client would not be in favor of reversing the site plans as it would put the car wash building closer to the La Quinta Business Center structure. Mr. Marvin Roos, MSA Consulting, 34200 Bob Hope Drive, Rancho Mirage, CA 92270, representing the Robert Mayer Corporation, introduced himself. Mr. Roos said he had reviewed the car wash site plans when the design was reversed and noted the plans identified a separate access for the car wash from Washington Street. He said there was never any intent to have a joint driveway for both projects. He explained the way the building and parking lot were laid out, there would not have been sufficient space to make the connection between the two projects and there were concerns that it might block up the Mayer Villa Capri project's service drive. He noted he was surprised to see the design reversed as his impression was the original design was to remain without the connectivity. He said the Robert Mayer Corporation is in support of the car wash project. Mr. Roos said there was an issue with the location of the trash enclosure which had been addressed. Mr. Roos explained his client's concerns in having the deceleration lane and demonstrated the traffic movement on the site plan. Mr. Roos said the only concern his client had was that the submitted landscaping plans did not indicate any ground cover for the area between the car wash and the property line. He stated he was not sure if the plans were simply hard to read or if the applicant had in fact planned to cover the area with the same decomposed granite and rockscape shown elsewhere on the landscaping plans, but he just wanted to address the issue. Mr. Roos said he was available to answer any questions the Commission might have. 505 P:Teports - PC`\.2009'14-28-09'TC MIN_4-14-09_Draft.doc Planning Commission Minutes April 14, 2009 Commissioner Quill said he could tell the connectivity issue had been previously discussed in detail, but he did not get the impression that there was adamant opposition from both parties to flip the car wash design and come up with some type of connectivity between the two projects as well as a shared, wider driveway as opposed to two separate driveways. He noted he could tell both applicants were not in favor of the idea, but it seemed like the issue was still open for discussion. Mr. Roos replied he could not say whether or not the Robert Mayer Corporation would be willing to discuss the issue as he needed to confer with them first. Mr. Roos explained why a shared driveway might be a major issue for the Mayer Villa Capri site and what possible repercussions it might have to the deceleration lane. He emphasized the fact that the car wash site plan posed constraints to having the connectivity between the two projects. 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 Weber said, based on the comments provided, additional work could be done to make the project better. He said he appreciated the ALRC comments about the use of more vibrant colors and additional planting. He noted he had inspected the site based on the concern expressed in an e-mail by a resident from a development located on Washington Street (across from the car wash.) He found that, based on her location, there would be no noise issues for her. He found the overall design of the car wash to be very nice. He liked the lay out and the trellises very much. He commented it would be optimal to incorporate a shared driveway with the Mayer Villa Capri project. If the design remained as currently submitted, he thought the deceleration lane to be appropriate and he looked forward to seeing more detailed landscaping plans. Commissioner Barrows did not have any additional questions or comments. Commissioner Wilkinson said he concurred with Commissioner Weber's assessment that the noise from the car wash on the south end would not be an issue for the nearby residential developments. He said he would prefer to see the design of the car wash flipped, which he thought would also be better for the commercial building located to the north of the project. He expressed a concern about the use of polycarbonate roof material as he questioned its durability. He 506 P:\Reports - PC\2009`.4-28-09TC WIN 4-14-09_.Draft.doc Planning Commission Minutes April 14, 2009 said he would like to know what the design of the shade structure was as well as some type of lighting information. He said additional information needed to be submitted by the applicant. Commissioner Quill said he concurred with his fellow Commissioners. He said he would like to see what the trash receptacles would look like, how many would be there, and where they would be placed within the site. He stated he would like to see the design of the vacuum trellis system. He would like to see some shaded parking provided by the -vacuum system area, preferably having half of the parking lot as a shaded structure. He pointed out there was no sign information provided. He said he would like to see the architectural . design of the pay stations. He expressed concerns regarding acoustics generated by the vacuum cleaners and would like to see additional information provided. Commissioner Quill would like the applicant to submit lighting details on the site as none were provided. He stated he would not be in favor of the project without any connectivity between the car wash and the Mayer Villa Capri site. Chairman Alderson said he agreed with most of the previous comments made by the Commissioners. He stated he would like to see detailed information on the trellises and the acoustics addressed. He noted he found the project to be well designed and beneficial to the City. He said it would have been beneficial to have the architect present to provide detailed answers to the Commission's questions. Chairman Alderson noted he did not concur with his fellow Commissioners that there was a need for a common driveway because the service traffic for the Mayer Villa Capri site would interfere with the commercial traffic for the car wash, possibly creating confusion and a dangerous situation. He found the two separate driveways to be more beneficial and a far better layout. He noted the applicant and staff had spent a lot of time and effort trying to figure out a way to create connectivity between the two projects only to find out that it would not be very practical to do so. He said flipping the site design would cause concern for the La Quinta Business Center owner because it would place the building adjacent to that office center. Chairman Alderson said he did not want to lose this project, but the applicant needed to provide additional information before the Commissioners could objectively cast their votes. He emphasized the need for specific information such as the quantity of water that would be used (not the dollar amount of the water bill.) He said he visited Mr. Levitan's car wash operation in the City of Palm Desert and 5 J 7 P:`.Aeports - PC2009``:4-28-09TC MIN_4-14-09_Draft.doc Planning Commission Minutes April 14, 2009 complimented him for running a well maintained car wash business. Commissioner Weber suggested they continue the project to the next Planning Commission meeting to give the applicant a chance to provide the additional information requested. Commissioner Quill noted that two weeks might not be sufficient time for the applicant to address all of the issues raised. He asked staff if the project needed to be continued to a specific date. Staff replied it did not have to be date specific, but it was preferable. Planning Director Johnson asked to clarify the items the Commission would like to be addressed and suggested the following: ■ Detailed information on the roof material. ■ Trash receptacles design, spacing, and location. • Pay station design. ■ Vacuum trellis detail. • Noise decibel allowance for the car dryers, not a full noise study, but an independent analysis that would provide identification of the impact at the property line. • Site lighting detail identifying the type of fixtures to be used and the throw pattern. ■ Identify the approximate quantity of water to be used. Planning Director Johnson said the Commission made comments on having a shared drive, reversing the plans, and possible connectivity between the two projects. There were comments made for and against these items and he asked the Commission to give staff clear direction on how to address those issues. Commissioner Quill stated he was adamant about having the connectivity and the shared driveway issues addressed. He said he would like to see the Best Management Practices (BMPs) included in the conditions of approval which would give the City the right to enforce proper maintenance of the site, if necessary, in the future. Assistant City Attorney Michael Houston explained that enforcing proper maintenance in the future through BMPs may be difficult because the property rights lie with the conditional use permit (CUP) and it vests once operation begins. He said if the Commission had specific concerns along the lines of enforcement that those be clearly stated allowing enforcement to be managed. 5 )8 R\Reports - PC�2009`:4-28-09\PC MIN-4 14 09 DraR.doc Planning Commission Minutes April 14, 2009 Commissioner Barrows said, in addition to the amount of water being used, she would like more information on the recycling system indicating how much water would be saved, and details on the water efficiency of the entire operation. Assistant City Attorney Houston said when an item was continued procedurally, it needed to be continued to a date specific time. If the Commission did not want to continue the item to a date specific time, the item should be tabled, which would indicate that it was indefinitely postponed. He noted staff would prefer the item be continued to a date specific time and if additional time was needed the item could be continued again. Commissioner Quill asked staff what would be a reasonable amount of time to allow the applicant to address all issues. Planning Director Johnson replied four weeks would be reasonable. Chairman Alderson re -opened the public hearing portion of the meeting. Chairman Alderson asked the applicant how much time would be needed to provide the information requested. Mr. Levitan asked if the conditional use permit could be approved by conditioning the applicant to provide the requested information subsequently. He expressed his concern that additional specialists would have to be hired to provide such detailed information, without having an approved project. Chairman Alderson replied the Commission would like to give Mr. Levitan an opportunity to provide the necessary information, but could not be responsible for the costs incurred during that process. Mr. Bob Reordan, Real Estate Broker with R.G. Reordan, Inc., 60217 Wishbone Court, La Quinta, CA 92253, introduced himself and thanked the Commission for their willingness to work with the applicant. He explained that timing was of the essence with regards to the close of escrow. He asked the Commission to continue the item for only two weeks, until the next Planning Commission meeting scheduled for April 28, 2009, which would give the applicant the opportunity to meet the escrow deadline. Mr. Reordan pointed out the applicant had originally submitted the plans with the reverse design and had changed at the request of City staff and comments from the Robert Mayer Corporation. P:\Reports - PC\200914-28-09`:PC MIN 4-14-09_Oraft.doc Planning Commission Minutes April 14, 2009 Chairman Alderson consulted with staff regarding having the meeting continued to the next Planning Commission meeting. Planning Director Johnson replied as long as the applicant could provide the requested information staff would work with them to meet the deadline. If more time was needed, that could be addressed at the next meeting. Planning Director Johnson wanted to clarify that the Robert Mayer Corporation was not involved in the recommendation to flip the plans for the car wash and that it was strictly staff's direction. He explained staff felt this design was more advantageous once it was determined there was not going to be an access on the south. There was no further discussion and it was moved and seconded by Commissioners Weber/Barrows to continue Site Development Permit 2008-905 and Conditional Use Permit 2008-112 to the next Planning Commission meeting on April 28, 2009. Unanimously approved. C. Sin Applicatign 2003 682, Amend/and ; request by Washington 111, Ltd. for consideratiod sign program amendment to in de revised monund under -canopy blade signs for the l retail center locf Highway 111 between Washington S eet and Adams Chairman Alderson opened he public hked for the staff report. Principal Planner Andrew Mogens resented the staff report, a copy of which is on file in the Planning artment. Chairman Alderson asked if t1,4re were �py questions of staff. There being no further uestions of the taff, Chairman Alderson asked if the applicant vy6uld like to address tliv, Commission. Mr. Bill Sanchez, Project Manager, represen ing the developer, Washington 111 78365 Highway 111, La Qu ta, CA 92253, introduced him If and said the sign program amen ment was aimed at freshening p the shopping center and trying to ing awareness and dire al signaga for the existing tenants who ad expressed concerns. He explained the developer had request d the two additions monument signs to be placed along Washin on Street because oftentimes when giving directions to businesse . located 510 PiReperts - PC;2009A 28 09;PC MIN 1 14-09 .1rahAnG ATTACHMENT 4 Planning Commission Minutes April 28, 2009 V. PUBLIC HEARINGS: A. Continued Sign Program 2006-1078, Amendment No. 1; a request by Highland Development Sign Company for consideration of a proposed sign program amendment to add an additional freestanding monument sign for the Dunes Business Park located on the north side of Highway 111, approximately 1,000 feet east of Dune Palms Road. Chairman Alderson opened the public hearing and asked for the staff report. Planning Director Les Johnson noted, just prior to the meeting, staff received a memo requesting withdrawal of the application. A copy of the memo is on file in the Planning Department. B. Continued Site Development Permit 2008-905 and Conditional Use Permit 2008-112; a request by Leslie Lippich Architect and Associates, Inc. for Yury Levitan for consideration of a request of architectural and landscaping plans for a 4,924 square foot express (self-service) car wash located on the east side of Washington Street, approximately ±780 feet north of Fred Waring 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 questions of staff. Commissioner Weber asked if the applicant would be amenable to a sound barrier if the flipped version was done. Staff said the applicant has indicated that either plan was acceptable. Commissioner Quill asked if there were subsequent development reviews required for the Mayer project. Planning Director Johnson said there were subsequent review items needed for that project. Commissioner Quill asked if they could be conditioned accordingly. Assistant City Attorney Houston said they could be if there was a nexus. 511 P:\Reports - PC, 2009\6-9-09`�..PC MIN_4-28-09 Approved.doc Planning Commission Minutes April 28, 2009 Commissioner Wilkinson commented on the lighting and said there were no plans showing the location of the light poles. Staff said they were shown, on the flipped site plan, and pointed out the locations. Commissioner Wilkinson said there was no photometric study and asked if the lighting plan presented was adequate. Staff said yes, it appeared to be acceptable. The applicant had not submitted a photometric study, but would and the staff could require adjustments to assure zoning compliance. Commissioner Wilkinson asked how many vehicles could be stacked in the distance from the pay stations to the south entrance (on the flipped plan). He asked if that area could stack approximately five cars. Staff said possibly a few more. Commissioner Wilkinson referenced the decibel study and asked if that met City standards. Staff said yes. Commissioner Wilkinson asked about the additional planting of trees and which plan that pertained to. Staff said it would apply to the flipped plan because it showed fewer trees. Chairman Alderson commented on the sound wall and the letter, from the northern property owner, included in the packet. He asked for clarification of which version this referred to. Staff said it was for the flipped version. Staff said the letter expressed concern about the noise from the car wash tunnel rather than the operation of the vacuum cleaners. Chairman Alderson asked if that wall would only be six feet high. Staff said yes. Planning Director Johnson said the letter stated they were opposed to the site being flipped and preferred the car wash tunnel be on the south side. They also made the recommendation for the sound wall. Their letter was written to request the sound wall no matter how the site was laid out. Staff added a condition, if the site was flipped, it would require a wall to minimize the noise impact to the north. The intent of the letter was for a sound barrier to be established on the north property line with the building on the south side. Chairman Alderson said he had concerns about connectivity. He said the flipped version provided access on the south property line, but K2 P:\Reports - PC\2009\6-9-09\PC MIN 4-28-09 Approvcd.doc Planning Commission Minutes April 28, 2009 neither the applicant nor the Mayer people were in favor of that. He then asked if there were reviews of the Mayer project, would the Commission have the right to add additional conditions; even though neither the applicant nor the neighbor wanted it. Assistant City Attorney Houston responded it is certainly possible to impose conditions that neither an applicant nor someone else, interested in a project, may want. He then deferred to staff regarding what subsequent approvals were left. Planning Director Johnson said there were some conditions that needed to come back to the Planning Commission for consideration as Business Items. They were follow-up matters with the Mayer Villa Capri project; which included the requirement for landscape plans and some miscellaneous items regarding both the commercial, and the medical office building project. There was the potential that there could be a requirement for a conditional use permit and that would also come before the Planning Commission. Assistant City Attorney Houston said if the Planning Commission is faced with another discretionary approval for the adjacent property owner and there is a nexus between what that property owner is seeking to obtain from the City, and the conditions being imposed, then generally speaking an access condition could be imposed. He further commented that a number of things left for the Mayer project may not be of a character that would allow the Planning Commission to condition the approvals to provide another access route. Things like business items and landscape plans typically wouldn't provide a nexus for that. He added, without knowing precisely what would be coming forward, there could be some concern for imposing that condition on the Mayer project. Although the Commission certainly could impose that condition on this project, there is no guarantee that it could be imposed on the Mayer project. Chairman Alderson said the obvious concern would be connectivity between the two projects. He asked about a sidewalk on Washington Street. Planning Director Johnson said there would be a standard eight -foot sidewalk as part of the Washington Street improvements. It would run across both projects and connect with the existing sidewalk for the medical office building to the north. 50 P:AReports - PC\2009V6-9-09VPC MIN. 4-28-09_Approved.dm Planning Commission Minutes April 28, 2009 Chairman Alderson commented on the notation of "temporary parking". He discussed a scenario involving temporary parking at the car wash and people shopping at the Mayer site. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Leslie Lippich, Leslie Lippich Architect and Associates, Inc., 4766 Park Granada, Calabasas, CA 91302, described the layout and said they originally submitted a plan with the building on the north side of the property. After several meetings with staff, it was flipped to the south. He outlined the benefits to both neighbors. He then discussed the noise levels and the sound barriers. He discussed the layout including the trash location, handicap access, and landscaping; as well as the entry and exit gates height. He then offered to answer any additional questions. Commissioner Wilkinson asked if the applicant was going to submit an entire structure rendering with the correct colors. Mr. Lippich said they had color samples. The color samples were more vivid than the rendering. Commissioner Wilkinson asked if the applicant had originally made application showing the building on the north side and that did not work out because of the access on the south. Mr. Lippich said no. It was reviewed by the Public Works Department and then after three meetings the site plan was modified, moving the building to the south due to the internal traffic circulation pattern preferred by Public Works. He then commented on the traffic pattern for a car wash and the use of left turns into the car wash tunnel. Commissioner Barrows asked about the color on the vacuum photo examples which were shown as bright red. Mr. Lippich said the red would not be used. The color would be one of those shown on the samples submitted. Commissioner Barrows then asked if there was a sample showing the correct color. Mr. Lippich said one of the earth tones would be used. Staff then brought the samples to Commissioner Barrows and pointed out the colors being considered. 514 P:AReports - PCA200916-9-09APC MIN_4-28-09_Approved. doc Planning Commission Minutes April 28, 2009 Commissioner Barrows said there was previous discussion about the lexan material being used for the roof of the car wash tunnel. It appeared the material provided was weather and temperature resistant, and would hold up in the desert environment. She said that was a concern mentioned at the last meeting. Mr. Lippich said it was getting to be one of the most popular materials for roofing systems over stadiums, shopping centers, and car washes. The bronze was chosen because it would cut down on the heat gain and the sun in the car wash tunnel. He then explained about the temperature and ventilation in the tunnel. Commissioner Weber thanked the applicant for such a detailed booklet, as it was very helpful. He then asked if this was twin -wall rectangular structure lexan that was being proposed. Mr. Lippich said it would be double -wall but thicker than the first sample staff had passed around. He then pointed out which sample actually showed the thickness of the roof material. Commissioner Weber asked if the roof material properties were the same for the two sizes. Mr. Lippich said the heat resistance and the durability were the same. Commissioner Weber asked if they had a reference where this material was currently being used in a desert area. Mr. Lippich said Las Vegas and Fresno. Commissioner Weber asked how long the Las Vegas site had been using this material. Mr. Lippich responded a couple of years. Commissioner Weber asked if, in their business plan, they anticipated replacing this material after the ten-year warranty. Mr. Lippich said it would probably last a lot longer than ten years. Commissioner Weber commented on the concentration of heat and the direct sun; not necessarily the heat generated from the cars but the sun and the possibility of discoloration after several years of exposure. Mr. Lippich commented on his familiarity with sun damage to the roof material. Commissioner Weber asked about the reduced landscaping and said he was assuming that the reduced landscaping on the flipped versions was due to the increased asphalt. Mr. Lippich said the plans they were looking at only included indications since they were under tight 515 P:AReports-PCA2009A6-9-09APC-MIN 4-26-09 Approved.doc Planning Commission Minutes April 28, 2009 time constraints on preparation of the architectural site plans. He agreed that the number of trees and landscaping should be identical on either of the site plans. He said it would not be a concern if that was included as a condition of approval. Commissioner Weber asked Mr. Lippich to discuss the decibel levels. Mr. Lippich then provided more detail on the decibel levels. Commissioner Weber commented on the graphics and the details showing the distances, not only for the dryers but for the vacuums and the washing system. Mr. Lippich explained the vacuum system and the noise levels. He also explained the dryer noise levels. Commissioner Weber asked where the sound barrier walls would be located. Mr. Lippich explained where the sound walls would have to be placed for each site plan. Commissioner Weber asked Mr. Lippich if they would object to having a wall on both the east side and the terminus of the tunnel (the west side). Mr. Lippich said they would not. Commissioner Weber asked if the six foot wall provided a sufficient sound barrier. Mr. Lippich said it would provide much noise attenuation, not necessarily full attenuation. It would probably block out the sound of the cars driving in more than anything. There would be no noise coming out of the tunnel at the east end. Commissioner Quill said one of the previous requests was for a detailed operations manual that addressed what the employees would be responsible for on a regular basis. He said it was indicated by Commission to have those things incorporated into the conditions of approval for the project. He did appreciate that the applicant provided a lot of additional information and addressed a lot of questions but did not provide the manual. Mr. Lippich said Mr. Levitan owned another car wash which was very neat. Commissioner Quill pointed out that this was a self-service car wash. He was concerned that this car wash could come under new ownership, in the future. If the conditions were incorporated into this document, they would then be enforceable by the City for subsequent owners. Mr. Lippich deferred to Mr. Levitan. Mr. Levitan said the operations manual was included in the Commissioners' package. 11 K6 P:\Reports - PC\2009\6-9-09`,PC MIN 4-28-09 Approved.doc Planning Commission Minutes April 28, 2009 Comments were made about what was included in the manual the applicant submitted. Commissioner Quill asked if the cars were physically counted by some kind of mechanism. Mr. Lippich said yes. Commissioner Quill asked if the City would be collecting sales tax for this business. Staff said it would. Mr. Levitan confirmed it would be calculated on the gross sales proceeds. Chairman Alderson said he was concerned about the sound walls. He asked staff to point out where the sound walls would be located, which they did. He commented on the architectural screening effect on one of the sound walls and what areas the sound walls would be protecting. Staff responded in reference to the layouts. Chairman Alderson said, on the north property line, there was conventional landscaping. He asked if that could be expanded to help protect the medical building from sound pollution. Staff said yes. Chairman Alderson asked about the definition of pervious concrete used in portions of the parking lot. Mr. Lippich said it was almost like a grass-crete situation and gave a definition of the materials and their use. Chairman Alderson said they didn't have any information on what the canopies were going to look like. Mr. Lippich said there were pictures included in the packet. Chairman Alderson asked if it would have the same roofing material as used on the car wash tunnel. Mr. Lippich said no, that it was a part of the vacuuming system and the roof would be metal. Chairman Alderson commented on the roofing system in the picture and asked if that came with the vacuum. Mr. Lippich said it did and also came in different colors; not necessarily the red shown in the photo. Chairman Alderson thanked the applicant for the quick response in getting the packets to the Commission. Chairman Alderson asked if the applicant was intending to build immediately. Mr. Levitan responded they do intend to build immediately. P:AReports-PCA200916-9-09TC MIN_4-28-09Approved.doc Planning Commission Minutes April 28, 2009 Chairman Alderson asked if there was any public comment. 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 Weber said his main concern was that they have a good final product, safe, and durable; that it was being built for years to come. He was also concerned about the ingress/egress deceleration and wished there was some way the site could be entered from the Mayer property since that would be much safer. Commissioner Weber commented on the revised flipped plan; saying he did appreciate the applicant and staff having revisited this several times. He agreed that the building on the north side from a sound situation, might be the best but was worried about the egress and the entrance from Washington Street. Commissioner Barrows asked for clarification on one of the landscaping items where it referenced the citrus trees and the California fan palms had been removed from the palette. There was a recommendation from the ALRC that the Mediterranean fan palms be replaced with Mexican fan palms. She was curious as to why the Mexican fan palms were being used instead of the California fan palms. Staff was unsure why they made that particular recommendation. Commissioner Barrows was curious as to whether there was a landscaping reason and said she always preferred native plants be used whenever possible; and the California fan palm was a native variety. Staff commented the planter was narrow and that may have been the reason for the choice of palms. Commissioner Barrows said, for clarification, she wanted to know if both plans had the exit and entry in the same place. She added she would prefer it be connected to the Mayer property. She didn't like the two projects being separated and the fact that their customers would have to go out of one parking lot and into another to take advantage of businesses at both sites. Commissioner Quill said he could not think of another car wash that was not accessible by a parking lot, side street, into an office area, or shopping area, in the entire Coachella Valley. This would be the only one in Coachella Valley with in -and -out access from a six -lane street. It would be sandwiched between two large parking lots for medical 518 P:AReports- PC\2009V6-9-09APC MIN A-28-09_Approved.doc Planning Commission Minutes April 28, 2009 and commercial uses. He said there should have been more advance planning when considering those other two projects. He gave his opinion on how this should have been planned out. Commissioner Quill said he liked this revised flipped site plan better because it facilitated the potential for an access into the Mayer facility. He believed the access should have been a joint access and commented on the initial planning. Commissioner Wilkinson asked staff to point out where the sound wall was on the flipped site. Staff pointed out where the sound wall would be located. Commissioner Wilkinson asked if there was any other sound buffering on the flipped site. Staff pointed out an additional small wall for a sign which was probably about four feet tall on the west end of the tunnel. Commissioner Wilkinson commented that probably would not buffer any sound. Mr. Lippich said the wall was in line with the required building setback, so it could be eight feet with a trellis placed over it to become part of the building. Chairman Alderson cautioned the members of the audience that the public portion of the meeting was closed. Commissioner Wilkinson said he preferred the flipped site since the plan allowed future cross access to the south which would reduce the traffic entering Washington Street. Commissioner Wilkinson said he did check on the polycarbonate material and said it was used for solar material. He was satisfied about the material. Commissioner Barrows mentioned her concern about the future use of solar panels on top of the roof. She said she was very interested in hearing Commissioner Wilkinson's comment. Chairman Alderson had a few more questions about the some of the functions involved in this site and re -opened the public hearing portion of the meeting. 519 P:AReports - PC2009V6-9-09VPC MIN 4-28-09_Approved.doc Planning Commission Minutes April 28, 2009 Chairman Alderson then asked the applicant if there would be 100% reclamation of the water. Mr. Lippich said the car wash would reclaim 72-75% of the water. He then explained the filtration process it would go through to recycle it. Chairman Alderson said some of the car washes he has gone through offered a spotless rinse, for an extra charge. Mr. Lippich said this car wash would have a spotless rinse. The last stage of the car wash did not have hard water; it was spotless water and dried easier. Chairman Alderson re -closed the public hearing. Chairman Alderson said the points that Commissioner Quill made were very good, but there were two decisions to be made: 1). To approve or not, and 2). If approving, to decide which side of the lot to put the building on. The owners of the medical building exhibited a need to have the car wash further away as they had some aesthetic concerns. He would support. the project on the premise that additional landscaping be added on the north property line, the sound walls be on the end and six feet high, and the project be flipped the other way. Having the driveway further away from the closest driveway would be an added safety feature as opposed to the shared driveway with Mayer. He said he would be willing to support the project in that regard. Commissioner Barrows wanted to clarify that the Chairman was supporting the flipped site plan. Chairman Alderson responded negatively, saying he supported the original proposed site. Commissioner Quill commented on the benefits of the flipped site. He added the operation of the facility actually functioned better with the building flipped to the north side. He was also concerned about the three car stacking potential in the entrance. The other opportunity was potentially worse because it created a lot more stacking into the pay stations. Currently, the exit was simple with the flipped plan. He commented on the option to connect this site to the adjacent property, at least on one side. Commissioner Barrows asked staff to put up the site plan showing the adjacent Mayer property which staff did. 520 P:AReports - PCA2009V6-9-09APC MIN. 4-28-09_ Approved.doc Planning Commission Minutes April 28, 2009 Chairman Alderson asked if the driveway penciled in, on the northerly building option, was an extension of the Mayer driveway. Staff said yes. Chairman Alderson then said Commissioner Quill's comments made a lot of sense. Commissioner Barrows asked Commissioner Quill, if there were a future opportunity would he prefer to have an access point into the Mayer project. Commissioner Quill said yes. He said the Commission had a letter from the Mayer attorney voicing their concerns. He added if the building was on the south side, the opportunity was lost forever. Commissioner Barrows said she would recommend the flipped site plan. She added she would recommend the use of the native California fan palm, and that the sound wall be six feet. Commissioner Quill added he wanted assurance that the applicant would use earth tone colors on the trellis fabric for the vacuum cleaners, on the trellis stands, the trash cans and all items reflected in the drawings. Commissioner Quill suggested the color "Desert Sand". Commissioner Barrows said any of the top samples shown would be appropriate. Commissioner Quill said regarding the maintenance and operation, he would like to see them expand the operations manual. He wanted to have a clearer picture of exactly how it would be managed on a day- to-day basis to assure its cleanliness. Commissioner Barrows said she would incorporate Commissioner Quill's recommendations in her motion. Chairman Alderson said proposed Condition #60 sends the landscape plan back to staff without it coming back to the Commission. He proposed that Condition #60 be amended to allow the Commission to review the final landscape plan and the operational manual could be brought back at the same time. Planning Director Johnson clarified the condition of maintenance and operations was an item that should be attached to the conditional use permit. He said staff had tailored some conditions to reference hours of operation, number of employees and maintenance and operation. He added staff would welcome any additional items, from the Commission, and they would work with the applicant to make sure the maintenance and operations manual included the additional P:AReports - PCA200916-9-09TC MIN_428-09_Approved, doc 5 1 Planning Commission Minutes April 28, 2009 information in it. He also commented that everything else the Commission discussed such as landscaping, flipping the site, earth tone colors, etc., were all matters that would be applicable under the site development permit. Commissioner Quill asked Assistant City Attorney Houston if manuals could be incorporated as part of the conditions of approval so they would run with the conditional use permit. Assistant City Attorney Houston said yes that was what he would recommend to staff. He said since it's effectively going to be the applicant's condition, and if it meets staff's approval, that could be added as a condition of approval. Chairman Alderson asked when the manual would be required. Staff responded prior to the Certificate of Occupancy. Chairman Alderson asked if it could be made to require administrative review. Then if there was an impasse between the City and the applicant, the applicant could appeal staff's decision back to the Commission for consideration; or it could be directed back to the Planning Commission as a business item. Commissioner Quill confirmed that the manual will run with the conditional use permit, irrespective of who owns the property or who sells the property; as long as the conditional use permit is intact it would be in effect. Assistant City Attorney Houston said it was correct, that as long as there was a car wash operating on this site, that would be a condition. That would also provide the benefit, should a future owner have problems with those parameters, that the City could review the conditional use permit. Once the conditional use permit is granted it is somewhat difficult to remove that property right, but if they are not complying with a condition then it would be easier to enforce. Commissioner Quill said that's why he would like to see it as a part of the approval because then it would be enforceable by Code Enforcement. Assistant City Attorney Houston responded yes, in addition to the right to review the actual conditions on the permit. 522 P:AReports - PM2009V6-9-09APC M W_428-09_Approved.doo Planning Commission Minutes April 28, 2009 Commissioner Barrows said she was would incorporate the recommendation into her motion. Commissioner Weber asked about the potential easement having egress to the Mayer property and if it would be in reference to the site development permit. Planning Director Johnson said it was a site development permit matter. Commissioner Weber said the applicant had indicated the prior landscaping plan was acceptable to him; it had more landscaping and trees. Planning Director Johnson said that was a site development permit condition. Chairman Alderson asked Commissioner Barrows if she was discussing the conditional use permit. Commissioner Barrows replied she was following the staff report format so she could incorporate the condition regarding the operations manual in the conditional use permit. Commissioner Wilkinson said it was mentioned to approve the operations manual before the Certificate of Occupancy. He asked if it would create problems and how long it would be before the applicant actually got a building permit; and should this be conditioned to be approved before a building permit was issued. Planning Director Johnson said the Commission could decide on the language of the condition. He said it really didn't become a significant issue until just prior to the start up of the operation. If the Commission wished to see it at the time of the building permit issuance that would be fine. It was not relevant from any type of enforcement standpoint until the Certificate of Occupancy had been granted and they were operating. Staff did identify under the conditional use permit Condition #7, which he suggested be the condition the Commission amend to reflect the issue of the manual. There were seven conditions attached to the conditional use permit resolution, on page 16 of the packet, and that was where he suggested it be revised to reflect what had been discussed tonight. There being no further discussion it was moved and seconded by Commissioners Barrows / Wilkinson to approve Resolution 2009-014 recommending approval of Conditional Use Permit 2008-112 with the following amendment: 523 P:\Reports - PC\200M-9-09`�..PC MIN 4-28-09 Approved.doc Planning Commission Minutes April 28, 2009 Condition No. 7 be amended to read: 7. There shall be continuous on -site maintenance of the car wash facility per the Daily Maintenance Schedule submitted and on file in the Planning Department. The Daily Maintenance Schedule shall be revised to include all operations and maintenance of the facility including landscape maintenance, and be approved by the Planning Director prior to final construction inspection by the Planning Department. AYES: Commissioners Barrows, Weber, Wilkinson, and Chairman Alderson. NOES: Commissioner Quill. ABSTAIN: None. ABSENT: None. Commissioner Barrows said she would like to move for approval of Site Development Permit 2008-905 subject to conditions of approval with the addition of a condition to require additional landscaping and the use of the California fan palm as the preferred palm tree, the site be the flipped site plan per the staff's exhibit, a sound wall be provided to ameliorate the potential impacts to the adjacent properties, earth tones be used on the trellis and on all of the affiliated accoutrements including the trash cans, etc. Commissioner Quill commented on the potential access to the south and discussion of allowing that access, who has to build it, and cooperation issues. Planning Director Johnson said the key issue is identifying if the access is available and that the applicant is responsible and obligated to amend the site plan accordingly to allow the access to occur in the future. Commissioner Quill asked if the site plan needed to be amended since he was concerned with the actual functioning of the access and where it would be placed and landscaped. He asked about future ingress and egress and the cooperation of the two property owners. He wanted clarification on how the City would ensure that this property owner would cooperate with the adjacent property owner to make that happen. P:Teports- PC\2009\6-9-09\PC MIN _4-28-09_Approved.doc Planning Commission Minutes April 28, 2009 Planning Director Johnson said the condition could identify that this property owner was responsible, should that reciprocal access be provided for, to make their share of the improvements within their property. Commissioner Quill said he would like to ensure the condition was modified or added to allow for that to happen. Chairman Alderson asked if the applicant had a problem with that. Assistant City Attorney Houston clarified there was a non-verbal response and said he'd like to note for the record that the applicant agreed with the condition. Commissioner Weber wanted to clarify that what the Commission was proposing to approve was the plan without the egress now. Chairman Alderson said that was correct. It would be provided in the future that egress became available. Commissioner Quill said unless the owners of the Mayer property gave them permission, they couldn't build the egress when they built this site; they could only build up to their property line. Commissioner Weber said he was as disturbed as Commissioner Quill about the access. He said it was disturbing that Mayer was not willing to work to make this happen. He said he hoped there was a way to convince Mayer that it is to their benefit to be good neighbors. Commissioner Wilkinson asked if the applicant could build his half of the driveway and then barricade it with something substantial, so that they make a connection that is apparent. Planning Director Johnson said it could be designed as a radius and brought up to the property line. He suggested there be a curb along the property line in the interim. It could be a radius, as shown, or conditioned to be done that way. It could be designed that way and if anything changes in the future, the obligations for improvements would rest on the south property owner. 1. 525 P:\Reports - PC\200916-9-091PC MIN_4-28-09_Approved.doc Planning Commission Minutes April 28, 2009 Chairman Alderson asked if there would be barricades across it. Planning Director Johnson said that it would not be necessarily, as long as there was an established curb. There was a landscape strip with landscaping established and proposed along the Mayer property at that point. Commissioner Wilkinson said he just wanted to achieve an obvious connection that could not be denied. Chairman Alderson asked if he was making that a condition. Commissioner Wilkinson said yes. Commissioner Barrows asked if the Assistant City Attorney could summarize the circumstances that could be asked, of the Mayer property owners, to comply with this shared driveway approach. Assistant City Attorney, Michael Houston, said it would require Mayer to bring forward a discretionary approval for the Commission's consideration where the request being made had a nexus with that sort of a connection being put in. The most obvious example would be some sort of further subdivision of the site. Landscape plan review, for example, would not meet that sort of nexus requirement. Commissioner Barrows commented on the Mayer letter which referenced "the introduction of vehicles from the car wash would require that Mayer modify or negotiate current cautionary agreements with the tenant." Assistant City Attorney Houston said he could only speculate that they are operating on some sort of a triple net lease, meaning that the tenants have a pro-rata requirement to pay for certain maintenance, and added perhaps additional vehicles from off -site would cause tenants to become troubled that they are overpaying. Commissioner Weber commented on the possibility of including a large concrete planter structure that was freestanding to prevent egress. It could then be removed and egress could be obtained easily. Commissioner Barrows confirmed the applicant indicated that was okay. P:AReports - PC\2009V6-9-09VPC MIN 4-28-09 Approved.doc Planning Commission Minutes April 28, 2009 There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to approve Resolution 2009-015 recommending approval of Site Development Permit 2008-905 with revisions as follows: Conditions numbered 57, 60, 64, and 105 be amended to read as follows: 57. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). Tree quantities for the approved landscape plan (with tunnel on north side of site) shall be the same as the landscape plan dated March 11, 2009, with the tunnel on the south side of the site. 60. The applicant shall submit the irrigation and planting plans to the Planning Department for approval. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner. The plans shall then be re -submitted to the Planning Department for review and approval by the Planning Commission, and signature by the Planning Director. However landscape plans for landscaped medians on public streets shall be approved by 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. 64. The two 36" box size Mediterranean fan palms shown in the two landscape parking lot fingers adjacent to the car wash building shall be changed to 15' brown trunk height (bth) Washingtonia Filifera (California fan palm). 105. A six foot high masonry sound wall shall be installed in the landscaping area along the exit drive from the car wash structure and along the north property line. The exact design, location and length of the wall shall be worked out with staff and shown on the final landscaping plans. P:AReports - PCA2009V6-9-09APC MIN_428-09_Approved.doc Planning Commission Minutes April 28, 2009 Conditions numbered 106, 107, and 108 be added to read as follows: 106. The project shall be developed per the site plan dated April 17, 2009, and associated plans showing the car wash tunnel on the north half of the subject site. 107. The vehicular access, as shown on the approved plans, providing ingress and egress with the adjacent property to the south, shall be installed as part of this project. The access shall be designed in a manner that provides a temporary barrier to such access until improvements, facilitating such access, on the property to the south are completed and a reciprocal access agreement between both property owners is fully executed and recorded. At such time, the owner of the subject site shall cause the barrier to be removed and full access, as designed, shall be provided. The design of the temporary barrier shall include landscaping and shall be approved by the Planning Director and the City Engineer prior to installation. 108. Miscellaneous equipment used in conjunction with this facility (i.e., pay machines, menu boards, vacuums and associated trellis, trash cans, light fixtures, etc.) shall be primarily earth tone in color. The exact colors shall be approved by the Planning Director prior to installation. AYES: Commissioners Barrows, Weber, Wilkinson and Chairman Alderson. NOES: Commissioner Quill. ABSENT: None. ABSTAIN: None. C. Sign Program 2006-1034, Amendment No. 1; a request by Komar Investments, LLC for consideration of a request for a sign program amendment to install two directional signs within Komar Desert Center at Depot Drive, south of Highway 111. 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. 528 P:AReports - PM2009V6-9-09VPC M W_428-09_Approved.doc ATTACHMENT 5 PH # B STAFF REPORT PLANNING COMMISSION HEARING DATE: APRIL 14, 2009 CASE NO.: SITE DEVELOPMENT PERMIT 2008-905 AND CONDITIONAL USE PERMIT 2008-112 APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES (FOR YURY LEVITAN) ENGINEER: JHA ENGINEERING LANDSCAPE ARCHITECT: PAUL STURWOLD ASSOCIATES, ASLA LOCATION: EAST SIDE OF WASHINGTON STREET, APPROXIMATELY 780 FEET NORTH OF FRED WARING DRIVE REQUEST: CONSIDERATION OF ARCHITECTURAL AND LANDSCAPING PLANS FOR A 4,924 SQUARE FOOT EXPRESS CAR WASH ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS REQUEST IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303 (CLASS 3), OF THE GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THEREFORE, NO FURTHER DOCUMENTATION IS NECESSARY. ZONING: COMMUNITY COMMERCIAL (CC) GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL (CC) SURROUNDING ZONING/LAND USES: NORTH: CC / OFFICE BUILDING SOUTH: CC / APPROVED SHOPPING CENTER (MAYER VILLA CAPRI) EAST: OFFICE COMMERCIAL / MITCHELL PAIGE MIDDLE SCHOOL WEST: RESIDENTIAL USES IN PALM DESERT 529 BACKGROUND The .98 acre vacant site is located in the north end of the City, on the east side of Washington Street between Fred Waring Drive and Palm Royale Drive (Attachment 1). Immediately north of the site is an office building constructed within the last three years. To the south of the site is the recently approved Mayer Villa Capri shopping center (Attach ment 2). To the east is the Mitchell Paige Middle School. A residential tract is located to the west across Washington Street in the City of Palm Desert. The property is mostly vacant, except for some scattered desert shrubs and a tree. Power poles and overhead lines run adjacent to the Washington Street frontage. The .98 acre site has 150 feet of frontage along Washington Street and 285 feet of depth. The existing grade of the site is slightly lower than the office building site to the north and approximately 8 feet higher than the school site to the east. The vacant Mayer property to the south varies from approximately 2 to 4 feet lower than the project site. A 6±foot high chain link fence has been installed by the school adjacent to the east property line at the top of the slope. CONDITIONAL USE PERMIT A Conditional Use Permit has been filed as the Community Commercial zoning district requires for such for a car wash. This is to ensure that the location of the car wash is appropriate and it will not be detrimental to the surrounding uses. SITE DEVELOPMENT PERMIT General: The applicant has submitted site, architectural and landscaping plans for a 4,924 square foot express (self -serve) car wash on the site (Attachment 3). The facility would consist of the car wash structure and out side vacuum stations. Though designed to essentially be an automatic car wash, the proposed use will employ 2 to 3 employees at any one time, depending on the time of day and weather. Hours of operation are proposed to be from 6 am to 10 pm, seven days a week. The operation has the customer stay in the car while going through the car wash and either leaves the site after the wash or may self vacuum the car before leaving. The vacuuming is included in the cost of the car wash. Site Design: The car wash building would run along the south side of the site within five feet of the property line and be set back 73' ± back from the ultimate Washington Street curb with the car wash entrance at the east end and exit at the west end. The vacuum stations, as well as employee parking spaces are provided adjacent to the north side of the building. A 15 foot dedication of land is required adjacent to the existing Washington 530 Street to widen and improve the street. A minimum 20 foot landscape perimeter is provided adjacent to Washington Street. The site plan shows a monument sign location near Washington Street. The details for this and other on -site signage will be determined when a separate sign program application is submitted. Parking lot lighting will be provided but is not specified at this time. Lighting will be shoe box type with recessed light sources. Storm water will be retained in an underground retention system proposed underneath a portion of the parking lot. Circulation/Parking: Site access to Washington Street via a 28 foot wide driveway near the north end of the site. The lane adjacent to the entry will be a continuation of the deceleration for the Mayer project immediately to the south. Cars entering the site line up in the lanes along the north property line, pay at the pay station and circle around to the right to the car wash entry. An escape driveway is provided midway through the pay line before the pay station should a person wish to exit before paying. The trash enclosure is located in this area. The operation includes automatic washing and drying of the vehicle within the tunnel. After exiting the car wash tunnel, customers have the option of leaving the site or using the vacuums. After vacuuming, the car exits to Washington Street. Twenty-four vacuum stations or spaces are provided in the center area of the site. Two employee parking spaces are provided at the east end of the vacuuming area. This full fills the parking requirement for car washes of this type. If needed, the vacuum spaces can be used for short term parking. "No parking" areas are provided at the east end of the parking lot in case all vacuum station are being used and a car needs to turn around. Architecture: The car wash structure is 34 feet wide and 160 foot long with a southwest type design except for its curved bronze 16mm polycarbonate twin wall roof. Other materials include sand finish exterior plaster walls, cultured stone veneer, composite wood trellises, metal lattice plant panels, wrought iron wall decor over ceramic tile inlay accents, and decorative wall mounted light fixtures (Attachment 3 — sheet 3). The building entrance and exit will have aluminum roll -up grills that will be down when the car wash is closed. Architectural features include curved parapets and windows, decorative cornices and light fixtures, and the ceramic tile accents previously described. Plaster colors will be two shades of beige, with the trellises a redwood color and the stone veneer shades of light tan to brown (Attachment 4). 531 The building is rectangular in shape with three deep popouts on the north side facing the vacuum area (Attachment 3 — sheet 2). These popouts house a restroom, a small office, and equipment and storage areas. Between and at the extreme ends of these popouts, trellises will be provided. Windows into the car wash are shown beneath two of the trellises. The south side of the building will look similar to the north, with the exception of the trellises and the fact that the popout areas extend 8" to one foot out. The height of the building is primarily 22 feet with the exception of the entry and exit areas which are lower at 17.5' high. The curved bronze colored polycarbonate roof runs the length of the 160 foot long building. No roof mounted equipment is proposed. Landscape Design: The applicant has submitted preliminary -level landscaping plans that identify the various trees, shrubs and groundcover proposed (Attachment 3 — sheet P1.0). The tree palette includes 24" box size Willow and Sweet Acacias, 24" box size Palo Verde's, 24" box size dwarf Citrus, 36" box size African Sumacs, 15' high California Fan Palms and 36" box size Mediterranean Fan Palms. Shrubs are desert and other low water use plants in five and one gallon sizes. Groundcover consists of Lantana, Palm Springs Gold Fines gravel, 5-6' boulders and rock cubble. Adjacent to the car wash building opening a six foot high masonry wall is proposed on a portion of the south property line facing the approved shopping center and on the east property line facing the school yard. Trees are shown around the perimeter of the site, with a heavy concentration near the car wash tunnel exit near Washington Street for screening. Bougainvillea vines are shown on the building wall along the rear (south) side and on some of the trellises. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE (ALRC) REVIEW AND ACTION The ALRC reviewed this request at their meeting of April 1, 2009. Staff recommended a number of standard conditions to the ALRC. The ALRC reviewed the plans and agreed with those staff recommended conditions. The ALRC discussed the colors used for the exterior of the building and said the colors could be more dynamic than the standard earth tones proposed. However, the ALRC did not include a recommendation to change the colors. They also noted that use of temporary banners should be closely reviewed and regulated. The ALRC did make recommendations regarding the proposed landscaping plan. Their action recommending approval of the project included the following additional conditions: 1. Bougainvillea vines shall be provided on all trellises facing the vacuuming area. 2. The two 36" box size Mediterranean Fan Palms shown in the two landscape fingers immediately north of the car wash building shall be changed to 15' bth (brown trunk height) Washingtonia Robusta. 532 It should be noted that just prior to ALRC review the Public Works Department reviewed the site plan for circulation and function. As a result, the Public Works Department requested several minor changes to the site plan to ensure that the operation's vehicular circulation functions as safely and efficiently as possible. This subsequently required changes to the grading and landscaping plans. Those revisions were not reflected on the submitted plans reviewed by the ALRC. However, the changes were of a nature that did not substantially affect the ALRC's review and recommendations. The landscaping and grading plans have also been revised to reflect the new site plan. No specific revisions or conditions to the ALRC recommendation are needed to address the revised plans. The description of the project and exhibits in this report reflect the revised plans. PUBLIC NOTICE This map application was advertised in the Desert Sun newspaper on April 3, 2009. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, one e- mail correspondence regarding this application has been received from Michele Rose, a resident in the Desert Breezes subdivision located on the west side of Washington Street across from the project site in the City of Palm Desert. Ms. Rose expressed concern regarding potential impact from the operational noise generated by the carwash. A copy of this correspondence in attached as Attachment 5. PUBLIC AGENCY REVIEW All written correspondence received are on file with the Planning Department. All applicable agency comments have been made a part of the recommended Conditions of Approval for this case. ANALYSIS The General Plan land use designation and zoning designation of the project site are Community Commercial, which permits car washes with approval of a Conditional Use Permit. In this case the location of the car wash will have minimal impact on the surrounding uses. Commercial uses to the north and south will be compatible. The residential uses to the west in Palm Desert are separated by a wide heavily used street and will therefore, not be impacted. The school play yard located to the east is approximately eight feet lower which minimizes noise and other impacts. Additionally, a six foot high masonry wall is proposed in front of the car wash entry opening further increasing compatibility by buffering the impact of the carwash opening. Therefore, the use is acceptable in the location proposed. The height, massing, and scale of the building is appropriate for the location. The maximum height of 22' complies with the city's image corridor requirement. The project meets all of the dimensional requirements of Community Commercial zoning district. 533 Except for the bronze colored polycarbonate roof, which is an unusual material for buildings in this area, the proposed southwest architectural style is essentially similar to many other buildings within the City. With regard to the elongated building, since the building's long side is orientated away from and set back from Washington Street, the visibility of the roof as well as the mass of the building is limited from Washington Street. In regard to a concern expressed by the ALRC about potentially significant heat gain within the building, since the building is open on both ends and is essentially unoccupied, excessive heat gain should not be a problem. The proposed building is provided with four sided architecture minimally providing depth and architectural detail around the building. Landscaping, especially on the north side of the building, helps break up the linear appearance of the building. The architecture of the recently approved Mayer project to the south is desert contemporary with flat roofs, square corners, numerous pop -outs and recesses along with stone veneer and metal work accents used to break up the smooth plaster walls. The exterior colors of the Mayer project include five shades of tan to brown plus a deep green. Its roof material will include standing seam metal in a clear anodized aluminum color. While not matching either the Mayer development's design style or that of the Tuscan designed office building to the north, the general southwest design of the carwash is consistent with the theme of many developments in the community and could be considered as an appropriate transitional design between the two adjacent styles. Whether this is acceptable, or if the architectural design should be adjusted to be more compatible with the adjacent Mayer development is an issue that the Planning Commission may wish to discuss. Such discussion could also include whether the impact of the exit opening's height can and should be reduced in some way, possibly by enclosing the arched portion of the opening in manner that retains the decorative function of the arch. The proposed conceptual landscaping plans are a desert -appropriate design and tree sizes are comparable to other commercial projects. Relatively dense tree planting along all of the perimeters minimizes visibility of the carwash structure from off -site. To ensure the proposed trees achieve their intended screening purpose in a timely manner, staff is recommending each of the trees located in the landscape areas adjacent to Washington Street have 2" caliper trunks at the time of planting. Furthermore, as previously noted the 6' high wall adjacent to the car wash tunnel entry minimizes visibility and noise to the school play ground. The applicant states that the water used for washing cars is recycled and subsequently reused. Specifics on how this is done have not been submitted. However, the applicant states the recycling system clarifier tank is equipped with an oil and sand separator, as required by the Coachella Valley Water District. Reuse of water is desirable and included as a condition of approval. With regard to the concern expressed by Ms. Rose about the operational noise of the carwash, it is unlikely, particularly during peak traffic hours, that the noise from the carwash will be significantly greater than that of traffic on Washington Street. 534 However, based the applicant's requested operating hours, the carwash could be in operation up until 10:OOpm and thus at a time the noise generated by Washington Street traffic is reduced. To address this issue, staff is recommending an additional six foot high masonry sound wall be installed in the south landscaping area along the exit drive from the carwash structure. The exact design, location and length of the wall are to be worked out with staff and shown on the final landscaping plans. STATEMENT OF MANDATORY FINDINGS Findings per Zoning Code Sections 9.210.010 F and 9.210.020 F, respectively, necessary to approve the Site Development Permit and Conditional Use Permit can be made and are contained in the attached resolutions. RECOMMENDATION 1. Adopt a resolution approving Conditional Use Permit 2008-112, subject to Conditions of Approval. 2. Adopt a resolution approving Site Development Permit 2008-905, subject to Conditions of Approval Attachments: 1. Location Map 2. Composite aerial map showing project site and Mayer commercial complex -S7 Development Plans —4- Color and Material Samples 5. E-mail received Prepared by: Stan Sawa Principal Planner 1. 535 m SITE CASE MAP cAsE Nm SOP 2008-905 CUP 2008-112 LIPPICH ' ATTACHMENT 1 -i-r--.- �-r.�11;�1�y ti ORT SCALE: 53 NTS ATTACHMENT 2�° 'C. d ' }. sr: i F 1 4 ,+ � ° ! 3".�' ``k °4' 6�1 •'��• j'i> a t " . Ni vit a' �C y� i.J. ,%•�yi FA,�,+� ° a.rM �� 'IF. 4. w�;,1 � :fQ•"� � �J .r'�&� n J Sty" � J��'j� n��. � a-l�rL S`Mr��,`7' jr � ° I y, in ,,.. � ;T. ,e.. a4 •� t�.-y �+ '��` � x,ti�{�-..�t�iv�J "Y, ff t b ' e �r.IQ4 t � 1', tr .'s` P 1 P a 'ti i � , � F' v 4 � �'i'7�' �� 2>•� � �Y�� yc�•,� �q y, 4et. M F o�w w .. l i. �� ✓}'j � ri,'}gyFi� ,�?f � �C�4 y...�• fY2-�V` _' Y# 1 t ' �+► i a ♦ °l, ij t Lv. .i}.,t�T "+.d,-,/"v"IY# �,Dfi. i� hl •' +�+•.. t P ld: ^� o J•' .ay a `�,,�T�1� is i +1�1, i�t'g�+�� f 9 t luf? L � I L-L t111TITT''T l mill •� � �� '// ��ZTiTt�TYfrr. dRi'rrT1T�, r'� l �, �� , P R _ �.• i sew k, n TrrLEE IlIr p�p s€ �z'� Sra •.s,^`} , ��` � ;;..fit �llu.L!.!F�� Gi`yr, � i { ATTACHMENT 3 SEE LARGE PLANS 538 Page 1 of I Stan Sawa ATTACHMENT 5 From: michele rose [mickeyrose8003@yahoo.com] Sent: Wednesday, April 01, 2009 9:26 AM To: Stan Sawa Subject: PROPOSED CAR WASH & Royal Palm development To Whom it May concern: I seriously object to the car wash being considered for this location. First, it's too close to residents, the noise, from the wash and the blow dry is loud, they are open 24 hr 7 days, so there would be no break from the distrubing noise. I just moved because of a car wash that came into our neighborhood, and distroyed our quality of life, by having to deal with the continual loud blowing, and the heavy machines spraying water. Self service is worse, they never close. We already have 2 car washes on Washington st., one self service at the Mobil station, and another car wash full services a short distance across from Walgreen on Washington st. HOW MANY CAR WASHES DO WE NEED. AT LEAST THOSE CAR WASHES ARE FAR AWAY FROM RESIDENTIAL AREAS. This entire development will bring more traffic, and noise to our community, what are they doing to mitigate the noise levels? are sound walls going up to protect Desert Breezes residents from the increased noise? Are there any plans for traffic signal, or any other protections to guard our quality of life. Many of us relocated to this area for it's beauty and peace. THIS IS NOT LOS ANGELES, SAN DIEGO, OR ANY OTHER BIG CITY. PLEASE DON'T DEVELOPE IT AS IF IT WERE. I HOPE THE ARCHITECTURE IS LOW, SO THAT WE DON'T LOSE OUR VIEW OF THE MOUNTAINS. A Very concerned Citizen Michele Rose 43518 Via Magellan Dr. Desert Breezes Palm Desert, Ca. 92211 323 206-2793 539 4/9/2009 Page 1 of 2 Stan Sawa - From: David Sawyer Sent: Tuesday, April 14, 2009 4:52 PM To: Stan Sawa Subject: FW: 1685--SDP 2008-905 & CUP 2008 112--Car Wash Plans Stan, here is Marvin's email. This will need to be copied, distributed and read into the record at the public hearing tonight. David Sawyer Planning Manager City of La Quinta, California 760-777-7125 dsawver aela-auinta.org From: Roos, Mary [mailto:MRoos@msaconsultinginc.com] Sent: Tuesday, April 14, 2009 4:14 PM To: David Sawyer Cc: Tim Jonasson; Les Johnson; Ed Wimmer; De La Torre, Julian; RJ@mayercorp.com Subject: RE: 1685--SDP 2008-905 & CUP 2008 112--Car Wash Plans David: Having reviewed the proposed Conditions of Approval for the car wash adjacent to the Mayer Villa Capri project, I want to express a concern on behalf of the Robert Mayer Corporation over the proposed requirement for a deceleration lane for the car wash entry on Washington Street. The City of La Quinta requires a deceleration lane any time a project generates a minimum of 50 trips during a peak traffic hour. It is unlikely that a car wash as is being proposed would generate that sort of peak hour traffic. The staff did not require a traffic study thus no professional analysis was made on the topic. Staff has indicated that the applicant had suggested some type of deceleration lane even though the normal requirements could not be met. We are concerned that the condition, as written, would create an offset curb condition at our northern driveway. This offset could be confusing and possibly dangerous to motorists exiting that driveway and needing to accelerate and merge with northbound traffic. We would propose that the condition of approval state that the driveway curbs not be offset and that the deceleration transition start northerly of our approved entry. On a landscape note, the plan is not clear but does not appear to show any ground cover between the car wash and the property line. We would hope that the space would be covered with the decomposed granite and rockscape that is shown elsewhere on the plan and not left as bare earth. Thanks for the consideration. Marvin D. Roos, AICP Director of Design Development MSA Consulting, Inc. From: Roos, Mary Sent: Monday, April 13, 2009 5:43 PM To: 'Ed Wimmer' Cc: Tim Jonasson; 'Les Johnson' Subject: 1685--SDP 2008-905 & CUP 2008 112--Car Wash Plans Ed: thanks for the follow up voice mail that indicated that the deceleration lane being cited in Conditions 8.A.2 & 3 was dealing with the property to the north. I assume that the property to the north is the La Quinta Business Center (DDP No. 2004-814)? I'm a bit confused about which driveway access the decel lane is for (LQ Business Center?) and why the car wash folks have to dedicate "an additional right-of-way (dedication) along the project measuring Sixty -Eight (68) feet east of the centerline of Washington Street? It sounds like we're adding another lane, particularly since there isn't the normal language about a transition where the property adjoins the Mayer property. 540 ATTACHMENT 6 PH # B PLANNING COMMISSION STAFF REPORT DATE: APRIL 28, 2009, CONTINUED FROM APRIL 14, 2009 CASE NO.: SITE DEVELOPMENT PERMIT 2008-905 AND CONDITIONAL USE PERMIT 2008-112 APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES (FOR YURY LEVITAN) ENGINEER: JHA ENGINEERING LANDSCAPE ARCHITECT: PAUL STURWOLD ASSOCIATES, ASLA LOCATION: EAST SIDE OF WASHINGTON STREET, APPROXIMATELY 780 FEET NORTH OF FRED WARING DRIVE REQUEST: CONSIDERATION OF ARCHITECTURAL AND LANDSCAPING PLANS FOR A 4,924 SQUARE FOOT EXPRESS CAR WASH ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS REQUEST IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303 (CLASS 3), OF THE GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THEREFORE, NO FURTHER DOCUMENTATION IS NECESSARY. ZONING: COMMUNITY COMMERCIAL (CC) GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL (CC) SURROUNDING ZONING/LAND USES: NORTH: CC / OFFICE BUILDING SOUTH: CC / APPROVED SHOPPING CENTER (MAYER VILLA CAPRI) EAST: OFFICE COMMERCIAL / MITCHELL PAIGE MIDDLE SCHOOL WEST: RESIDENTIAL USES IN PALM DESERT 541 PREVIOUS PLANNING COMMISSION REVIEW This request was originally reviewed by the Planning Commission at the April 14, 2009 meeting (Attachment 1). Various aspects of the project were discussed including architectural design, site layout, access, colors, materials and landscaping. Additionally, a number of concerns were discussed by the Commission. Commissioner discussion focused upon whether the design should be "flipped" so that the car wash building is adjacent to the north property line instead of the south property line as shown on the site plan presented at the meeting in order to allow either a joint driveway from Washington Street with the adjacent property owner to the south or to provide access between the subject property and the adjacent property to the south. Staff noted the original submittal to the Planning Department showed the building on the north side and a driveway connection to the south property was requested by Staff but objected to by the property owner to the south. During the hearing two members of the public spoke regarding the project. Mr. Marvin Roos, MSA Consulting, spoke on behalf of the owners of the recently approved Mayer Villa Capri project to the south. Mr. Roos noted a concern regarding the provision of a deceleration lane in front of the proposed car wash and how it could detrimentally affect their adjacent driveway. Additionally, Mr. Roos stated his client's position that providing vehicular cross access between the projects was not desirable because of the potential for blocking the drive aisle on their property when car wash traffic use is heavy. Furthermore, he noted a joint Washington Street access between their project and the car wash was not proposed or deemed desirable. Ms. Terry Forward, Coldwell Banker Commercial, representing the property owner of the office building to the north, indicated a desire for a sound barrier wall along the common property line between them and the proposed car wash. She also indicated an objection to flipping the design, which would place the car wash tunnel next to their office building. While discussing the proposal, Planning Commissioners commented that further consideration of relocating the building to the north side of the site in order to provide access to the south as well as the need to see additional detail was necessary. Commissioners requested additional information on the following: 1. The polycarbonate roof material, its durability and properties in our climate. 2. Provisions for and design of the pay stations, vacuums and attached trellises (not shown on the plans). 3. Trash provisions and maintenance of the facilities operation. 4. Water use and recycling of the car wash water. 5. Parking lot lighting 6. Noise issues from the car wash equipment. 542 D•\Cnnnr«n _ Dr\9nn0\A_94_n0\I innlnL.\Or Q«�R Ce. 11 A-, The Planning Commission unanimously moved to continue the public hearing to the April 28 meeting and directed the applicant to address the previously noted items. NEW INFORMATION The applicant has submitted a revised site plan and has provided additional information as requested by the Commission at the April 14 meeting (Attachment 2). The additional information includes the following: 1. A revised site, landscaping and grading plan showing the car wash tunnel along the north property line and an option for a driveway to connect with the property to the south.. 2. Detailed information on polycarbonate roofing material, including photographs showing its use and actual color sample. 3. Provisions for the location and design of the pay stations, vacuums and attached trellises and trash can. The locations of the vacuum trellises and pay station are shown on the site plan. 4. Maintenance schedules and procedures for facility operation. 5. Water use and recycling of the car wash water based on recycling equipment proposed to be used. 6. Five double head box type parking lot poles are shown in the parking lot area. Information on the fixture manufacturer is provided. 7. Information on expected noise levels based on proposed drying equipment. The revised site plan basically "flips" the project by placing the car wash tunnel along the north property line instead of the south property line. This places the pay station line along the south property line while the vacuum stations and parking area remains in the center of the site. The driveway has always been identified near the north property line in order to provide maximum separation from the northern Mayer Villa Capri driveway. With this revised site plan, the driveway to -Washington Street remains near the north end of the site. This design requires the patron to immediately turn right upon entering the site and then circulate around the site to one of the car wash pay kiosks near the southeast corner of the site. When patrons exit the tunnel they can leave the site or immediately make a left turn upon existing the tunnel if they wish to use the vacuum stations. Since the 4/14 Planning Commission meeting Staff received a letter from Dr. J.E. Chandrashekar, owner of the office building north of and adjacent to the subject property (Attachment 3). In his letter Mr. Chandrashekar states he objects to the car wash project if the building is placed adjacent to their common property line. Additionally, he requests a six foot high sound wall be provided along their shared property line. The following sections of the staff report include the background and other pertinent information previously provided to the Planning Commission for the April 14, 2009 o•�oe........ _ orwnno�n_oo_nou �....�..�.�or c..,va oe......o a.,,. meeting. The Conditional Use Permit, general description of operation and architectural description provided below applies to the new proposal except for the new plan the north building elevation is the south elevation and south elevation is the north elevation. Also included is a brief description of the newly submitted plans where necessary. Since the 4/14 meeting Mr. Roos, on behalf of Mayer Villa Capri, has reiterated their position that a cross access connection between the two properties is not desirable and not necessary for either business. BACKGROUND OF PROJECT SITE The .98 acre vacant site is located in the north end of the City, on the east side of Washington Street between Fred Waring Drive and Palm Royale Drive (Attachment 4). Immediately north of the site is an office building constructed within the last three years. To the south of the site is the recently approved Mayer Villa Capri shopping center (Attachment 5). To the east is the Mitchell Paige Middle School. A residential tract is located to the west across Washington Street in the City of Palm Desert. The property is mostly vacant, except for some scattered desert shrubs and a tree. Power poles and overhead lines run adjacent to the Washington Street frontage. The .98 acre site has 150 feet of frontage along Washington Street and 285 feet of depth. The existing grade of the site is slightly lower than the office building site to the north and approximately 8 feet higher than the school site to the east. The vacant Mayer property to the south varies from approximately 2 to 4 feet lower than the project site. A 6 ±foot high chain link fence has been installed by the school adjacent to the east property line at the top of the slope along the property line. CONDITIONAL USE PERMIT A Conditional Use Permit has been filed as the Community Commercial zoning district requires for such for a car wash. This is to ensure that the location of the car wash is appropriate and it will not be detrimental to the surrounding uses. Since the 4/14 meeting staff has added three conditions to address hours of operations, staffing, landscape maintenance as well as general maintenance and upkeep of the site. SITE DEVELOPMENT PERMIT General Description of Operation: The facility would consist of a car wash tunnel and outside vacuum stations. Though designed to essentially be an automatic car wash, the proposed use will employ 2 to 3 employees at any one time, depending on the time of day and weather. Hours of operation are proposed to be from 6 am to 10 pm, seven days a week. The operation has the customer stay in the car while going through the car wash and either leaves the 544 site after the wash or may self vacuum the car before leaving. The vacuuming is included in the cost of the car wash. The new information includes a daily clean-up schedule and operational schedule for the car wash. Site Design - Original Submittal: The car wash building on the original plans runs along the south side of the site within five feet of the property line and is set back approximately 73' from the ultimate Washington Street curb with a 20' landscape setback provided. The car wash entrance located at the east end and exit at the west end (Attachment 6). The vacuum stations, as well as employee parking spaces are provided adjacent to the north side of the building. A 15 foot dedication of land is required adjacent to the existing Washington Street to widen and improve the street. A minimum 20 foot landscape perimeter is provided adjacent to Washington Street. The site plan shows a monument sign location near Washington Street. The details for this and other on -site signage will be determined when a separate sign program application is submitted. Parking lot lighting will be provided but is not specified at this time. Lighting will be shoe box type with recessed light sources. Storm water will be retained in an underground retention system proposed underneath a portion of the parking lot. Site Design - New Submittal: The revised plan is essentially a "flipped" version of the original plan with the car wash tunnel adjacent to the north property line (Attachment 2). The driveway is still located near the north property line in the same location as shown on the original plan. The 24 vacuum stations and two employee spaces are still located in the middle of the site, with the three pay station lanes adjacent to the south property line. The tunnel is setback approximately 75' from Washington Street and the 20' landscape setback is provided. A monument sign is shown at the south end of the project site near Washington Street. A second sign location is shown in the planter next to the tunnel exit. Parking lot lights are shown on the plan. Storm water will still be retained in an underground retention system underneath a portion of the parking lot. The site plan includes locations of the vacuum/trellises proposed in the parking lot area. Circulation/Parking - Original Submittal: Site access to Washington Street via a 28 foot wide driveway near the north end of the site. The lane adjacent to the entry will be a continuation of the deceleration for the Mayer project immediately to the south. Cars entering the site line up in the lanes 545 o•�oe........ - 0r%Inn0IA_o Q_no\i Q+�ff c.,--. +I a. along the north property line, pay at the pay station and circle around to the right to the car wash entry. An escape driveway is provided midway through the pay line before the pay station should a person wish to exit before paying. The trash enclosure is located in this area. The operation includes automatic washing and drying of the vehicle within the tunnel. After exiting the car wash tunnel, customers have the option of leaving the site or using the vacuums. After vacuuming, the cars exit to Washington Street. As previously noted, twenty-four vacuum stations or spaces are provided in the center area of the site. Two employee parking spaces are provided at the east end of the vacuuming area. The city's off-street parking requirements have been met. If needed, the vacuum spaces can be used for short term parking. "No parking" areas are provided at the east end of the parking lot in case all vacuum stations are being used and vehicle turn around is necessary. Circulation/Parking - New Submittal: The new,plan modifies the on -site circulation from the original plan reviewed at the last hearing because the driveway does not "flip" or move to the south side of the property. It stays at the north end of the site because of the desire to maintain it as far north of the northernmost Mayer project driveway as possible for vehicular safety. Cars entering the site essentially made a u-turn on site to enter the pay station lane along the south property line. The cars then circulate around the site and enter the car wash tunnel at the northeast corner of the site and exit at the west end of the tunnel where they may make a left turn to the vacuum stations or drive straight to exit on the Washington Street. Architecture - Both Submittals: The car wash structure is 34 feet wide and 160 foot long with a southwest type design except for its curved bronze 16mm polycarbonate twin wall roof. Other materials include sand finish exterior plaster walls, cultured stone veneer, composite wood trellises, metal lattice plant panels, wrought iron wall decor over ceramic tile inlay accents, and decorative wall mounted light fixtures (Attachment 6 — sheet 3). The building entrance and exit will have aluminum roll -up grills that will be down when the car wash is closed. Architectural features include curved parapets and windows, decorative cornices and light fixtures, and the ceramic tile accents previously described. Plaster colors will be two shades of beige, with the trellises a redwood color and the stone veneer shades of light tan to brown (Attachment 7). The building is rectangular in shape with three deep popouts on the north side facing the vacuum area (Attachment 6 — sheet 2). These popouts house a restroom, a small office, and equipment and storage areas. Between and at the extreme ends of these popouts, trellises will be provided. Windows into the car wash are shown beneath two of the trellises. The south side of the building will look similar to the north, with the exception of the trellises and the fact that the popout areas extend 8" to one foot out. 546 o•�ce.....«.. - or�OnmmA_oQ AWI i. ;-4Dr Q1n4+ p-. +n A.... The height of the building is primarily 22 feet with the exception of the entry and exit areas which are lower at 17.5' high. The curved bronze colored polycarbonate roof runs the length of the 160 foot long building. No roof mounted equipment is proposed. Landscape Design - Original Submittal: The applicant has submitted preliminary -level landscaping plans that identify the various trees, shrubs and groundcover proposed (Attachment 6 — sheet P1.0). The tree palette includes 24." box size Willow and Sweet Acacias, 24" box size Palo Verde's, 24" box size dwarf Citrus, 36" box size African Sumacs, 15' high California Fan Palms and 36" box size Mediterranean Fan Palms. Shrubs are desert and other low water use plants in five and one gallon sizes. Groundcover consists of Lantana, Palm Springs Gold Fines gravel, 5-6' boulders and rock cubble. Adjacent to the car wash building opening a six foot high masonry wall is proposed on a portion of the south property line facing the approved shopping center and on the east property line facing the school yard. Trees are shown around the perimeter of the site, with a heavy concentration near the car wash tunnel exit near Washington Street for screening. Bougainvillea vines are shown on the building wall along the rear (south) side and on some of the trellises. Landscape Design - New Submittal: The revised landscape plans are based on the new site plans and are similar in concept to the original landscape plan. Trees still ring the site, but have been reduced in total number from approximately 61 to 30. Tree sizes of 24" box and 36" box have been maintained. Planting along the north property line has been reduced adjacent to the tunnel, as well as to the east adjacent to the school. Some plant material has been changed but remains low water use plants. The citrus trees and California Fan Palms have been removed from the palette. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE (ALRC) REVIEW AND ACTION The ALRC reviewed this request at their meeting of April 1, 2009. Staff recommended a number of standard conditions to the ALRC. The ALRC reviewed the plans and agreed with those staff recommended conditions. The ALRC discussed the colors used for the exterior of the building and said the colors could be more dynamic than the standard earth tones proposed. However, the ALRC did not include a recommendation to change the colors. They also noted that use of temporary banners should be closely reviewed and regulated. The ALRC did make recommendations regarding the proposed landscaping plan. Their action recommending 50 D-ND---. .e - C.�f* oe.....+O A-- approval of the project included the following additional conditions: 1. Bougainvillea vines shall be provided on all trellises facing the vacuuming area. 2. The two 36" box size Mediterranean Fan Palms shown in the two landscape fingers immediately north of the car wash building shall be changed to 15' bth (brown trunk height) Washingtonia Robusta. It should be noted that just prior to ALRC review the Public Works Department reviewed the site plan for circulation and function. As a result, the Public Works Department requested several minor changes to the site plan to ensure that the operation's vehicular circulation functions as safely and efficiently as possible. This subsequently required changes to the grading and landscaping plans. Those revisions were not reflected on the submitted plans reviewed by the ALRC. However, the changes were of a nature that did not substantially affect the ALRC's review and recommendations. The landscaping and grading plans have also been revised to reflect the new site plan. No specific revisions or conditions to the ALRC recommendation are needed to address the revised plans. The description of the project and exhibits in this report reflect the revised plans. PUBLIC NOTICE This map application was advertised in the Desert Sun newspaper on April 3, 2009. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. One e-mail correspondence regarding this application was received for the April 14, 2009 hearing from Michele Rose, a resident in the Desert Breezes subdivision located on the west side of Washington Street across from the project site in the City of Palm Desert. Ms. Rose expressed concern regarding potential impact from the operational noise generated by the carwash (Attachment 8). As noted earlier, since the last meeting Staff has received a letter from Dr. J.E. Chandrashekar, owner of the office building to thee north (Attachment 3). PUBLIC AGENCY REVIEW All written correspondence received are on file with the Planning Department. All applicable agency comments have been made a part of the recommended Conditions of Approval for this case. ANALYSIS When the site development permit application was first filed, the site plan submitted showed the car wash tunnel along the north property line, without access identified to the Mayer project to the south. Staff recognized the benefits of providing such an access and requested the plans be revised accordingly. The applicant's representative 545 o•�ae..,...� _ or�onno�n_oo nmi �....�..�.�or c.�fa oe......o a.... was asked to contact Mayer Villa Capri to coordinate the access. The applicants reported that Mayer Villa Capri was reluctant to providing such a connection. Staff also subsequently met with Mayer Villa Capri and they indicated their objection was due to concern with the design of the connection creating congestion on their driveway(s) due to stacking of vehicles trying to enter the car wash site during times of high use. Based upon this information, staff then decided that providing the cross access connection should not be pursued. Staff also concluded that in order to provide better on -site circulation the tunnel should be moved to adjacent to the south property line. Noting the objection of the adjacent property owner to allow access between the two properties, staff believes that the original plan provides a better circulation pattern in the area where the driveway and tunnel exit meet. The original plan provides direct access from Washington Street to the pay station line, provides a larger stacking area at the driveway entry and eliminates the potential for circulation conflicts between cars entering the site and exiting the vacuuming area. The original plan also provides a larger exit area after leaving the tunnel for patrons to decide if they would like to vacuum their vehicle or exit the site. Furthermore, the revised plan has a potential circulation conflict southwest of the tunnel where the site entrance and exit lanes are adjacent to the carwash exit lane that directs patrons to the vacuums. The original plan does not have such a conflict. At the last hearing Staff recommended a six foot sound wall adjacent to the driveway in front of the tunnel exit. This was proposed to minimize noise as well as headlight glare and direct visibility of the tunnel exit from Washington Street. Based upon the latest information provided by the applicant, staff does not believe that noise will necessarily be of concern to the existing residences across Washington Street. Thus, the wall could be reduced to as low as four feet. Please note that the condition of approval still provides for a six foot wall. Though not currently identified, the revised plans could include a wall in front of a portion of the tunnel exit within the proposed landscape island. However, this will not reduce direct visibility of the tunnel exit and only have minimal impact upon headlight glare. The revised plans still show a 6' high sound wall across the east facing tunnel opening adjacent to the school to the east and the easterly 30' of the north property line facing the office building site. Lastly, the proposed car wash is a retail commercial type use that is more compatible with the Mayer Villa Capri project than the office building to the north. Therefore, keeping the tunnel adjacent to the retail project was deemed desirable. It should be noted that the applicant has indicated to Staff that either plan (tunnel along north or south property line) is acceptable. The General Plan land use and zoning designations of the project site are Community Commercial, which permits car washes with approval of a Conditional Use Permit. In this case the location of the car wash will have minimal impact on the surrounding 549 D40nnnr.o - Or%OnnWA_90_n O\1 i..nlnkd Or c.e;4 Onnn.N .Inn uses. Commercial uses to the north and south will be compatible. The residential uses to the west in Palm Desert are separated by a wide heavily used street and will therefore, not be impacted. The school play yard located to the east is approximately eight feet lower and will be provided with a sound wall which minimizes noise and other impacts. Additionally, with the either plan a six foot high masonry wall is recommended in front of the car wash entry opening further increasing compatibility by buffering the impact of the carwash opening. Therefore, the use is acceptable on the site proposed. The height, massing, and scale of the building is appropriate for the location. The maximum height of 22' complies with the city's image corridor requirement. The project meets all of the dimensional requirements of Community Commercial zoning district. Except for the bronze colored polycarbonate roof, which is an unusual material for buildings in this area, the proposed southwest architectural style is essentially similar to many other buildings within the City. With regard to the elongated building, since the building's long side is orientated away from and set back from Washington Street, the visibility of the roof as well as the mass of the building is limited from Washington Street. In regard to a concern expressed by the ALRC about potentially significant heat gain within the building, since the building is open on both ends and is essentially unoccupied, excessive heat gain should not be a problem. The new information provided by the applicant indicates that the material is quite durable and has been used for a wide range of uses in varied climates. The proposed building is provided with four sided architecture providing depth and architectural detail and articulation around the building. Landscaping, especially on the side of the building facing the office building, helps break up the linear appearance of the building. The architecture of the recently approved Mayer project to the south is desert contemporary with flat roofs, square corners, numerous pop -outs and recesses along with stone veneer and metal work accents used to break up the smooth plaster walls. The exterior colors of the Mayer project include five shades of tan to brown plus a deep green. Its roof material will include standing seam metal in a clear anodized aluminum color. While not matching either the Mayer development's design style or that of the Tuscan designed office building to the north, the general southwest design of the carwash is consistent with the theme of many developments in the community and could be considered as an appropriate transitional design between the two adjacent styles. Whether this is acceptable, or if the architectural design should be adjusted to be more compatible with the adjacent Mayer development is an issue that the Planning Commission may wish to discuss. Such discussion could also include whether the impact of the exit opening's height can and should be reduced in some way, possibly by enclosing the arched portion of the opening in manner that retains the decorative function of the arch. At the last hearing this issue was not discussed and therefore, the architectural design is deemed to be acceptable. 550 c..44 oe......9 � The proposed conceptual landscaping plans are a desert -appropriate design and tree sizes are comparable to other commercial projects. Relatively dense tree planting on the original plans along all of the perimeters minimizes visibility of the carwash structure from off -site. To ensure the proposed trees achieve their intended screening purpose in a timely manner, staff is recommending each of the trees located in the landscape areas adjacent to Washington Street have 2" caliper trunks at the time of planting. Furthermore, as previously noted the 6' high walls adjacent to the car wash tunnel entry and exit minimizes visibility and noise to the school play ground. The revised plans have reduced the number of trees. Along the side adjacent to the school and adjacent to the tunnel the trees should be increased. Condition of Approval 106 of the Site Development Permit requires doubling of the trees in these areas. The applicant states that the water used for washing cars is recycled and subsequently reused. Specifics on how this is done have been submitted with the new information. The applicant states the recycling system clarifier tank is equipped with an oil and sand separator, as required by the Coachella Valley Water District. Reuse of water is desirable and included as a condition of approval. STATEMENT OF MANDATORY FINDINGS Findings per Zoning Code Sections 9.210.010 F and 9.210.020 F, respectively, necessary to approve the Site Development Permit and Conditional Use Permit can be made and are contained in the attached resolutions. RECOMMENDATION The Commission should review the revised as well as original plans and determine which is superior should you wish to approve this request. Additionally, should the Commission wish to approve the revised plans (with the tunnel to the north) you should determine if access to the Mayer project to the south should be included. As previously noted access to this property was not required from Mayer Villa Capri when their project was recently approved. 1. Adopt a resolution approving Conditional Use Permit 2008-112, subject to Conditions of Approval. 2. Adopt a resolution approving Site Development Permit 2008-905, subject to Conditions of Approval. Attachments: —1- Draft Planning Commission minutes for the meeting of April 14, 2009 --2- Revised plans and new information 3. Letter from Dr. J.E. Chandrashekar dated April 16, 2009 4. Location Map 551 5. Composite aerial map showing project site and Mayer commercial complex -8' Original development plans reviewed April 14, 2009 - I-r Color and Material Samples Prepared by: Stan Sawa Principal Planner 559 ATTACHMENT 3 Ceceived April 16, 2009 Mr.Les Johnson Planning Director, City of La Quinta P.O.Box 1504, 78-495 Calle Tempico La Quinta, CA 92247 RE: Building of Car Wash next to the property located at 43-576 Washington Street. APR 2 A 2009 4;ny of w wrilo Pligm9l)OW W Dear Mr. Johnson, I am the new owner of the property located at 43-576 Washington Street. I am interested in starting a medical clinic in the building which will serve the people of La Quinta and surrounding area. My representative, Dr.Terry Forward of Coldwell Banker Commercial properties attended the planning commission meeting on April 14`" 2009 on my behalf. Commissioner Quill proposed that the car wash site plan be "flipped" to a mirror image, which would be of concern to the LQBC and disturb the quite enjoyment and environment of the tenants by the continuous noise and pollution created by the car wash. I strongly oppose the proposal to have the car wash in that location which will be a great disturbance to the quiet environment of a medical clinic. Certainly, the car wash tunnel should not be allowed to abut our medical clinic. If the car wash is approved, as recommended by the planning commission members, it should be at the north side of the shopping center. Also, I want to request that a 6 foot wall with sound proofing be built between my property and the property owned by Robert Darby and Kenneth Friess (cash -wash site) to mitigate the noise. If you have further questions, I will be more than happy to meet with you discuss the matter. Thank you for your consideration. Dr. J.E. Chandrashekar, M.D. 39000 Probst Building Suite 103 Rancho Mirage, CA 92270 Phone:760-347-0707 Email: Chandra_shekar@dc.rr.com 55-�, ATTACHMENT 4 I CASE MAP LIPPICH ' M NTS 554 R d ATTACHMENT 5' _r .4 y4 {{ t f 13*'�•. n °� s of 4• i �ya '� + y r'nti� S1 i ell . wii.t r!�. �'• -'� 1 6 x '�'t b r p s ! y t �.yv�f x }`. 1f.i �[ �i �*' ' { : =j j ``� a y. x••AKi,, Y:Ey I x! i ♦ ♦ y>nrz+"a+.n �F »s GI f" 1 ' �-.� MAY ER T� i r_ II_ fi - EPi SITE f \ a Fir/• ;. I't F: ATTACHMENT 7 PLANNING COMMISSION RESOLUTION 2009-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN EXPRESS CAR WASH USE IN THE COMMUNITY COMMERCIAL ZONE LOCATED ON THE WEST SIDE OF WASHINGTON STREET APPROXIMATELY 780 FEET NORTH OF FRED WARING DRIVE CASE NO: CONDITIONAL'USE PERMIT 2008-112 APPLICANT::'LESLIE LIPPICH ARCHITECT AND ASSOCIATES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28"day of April, 2009, continued from the meeting on the 141" day of April, 2009, hold a duly -noticed Public Hearing to consider the request of LESLIE LIPPICH ARCHITECT AND ASSOCIATES (for Yury Levitan) for approval of an express car wash located on the east side of Washington Street approximately 780 feet north of Fred Waring Drive more particularly described as: APN 609-070-047 WHEREAS, said Conditional Use Permit has been filed concurrently with a Site Development Permit and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. Therefore, no further documentation is necessary; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 3rd day of April, 2009, as prescribed 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 Planning Commission did make the following mandatory findings to justify approval of the Conditional Use Permit: 1. Conditional Use Permit 2008-112 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial (CC) which is intended to be developed with commercial uses including the car 550 P:\reports-pc\2009\4-28-09\Lippich\cup reso.doc f.. Planning Commission Resolution 2009-014 Conditional Use Permit 2008-112 Leslie Lippich Architect and Associates Adopted: April 28, 2009 wash use proposed herein. This commercial use will therefore help achieve the goals and permitted uses of the CC designation. 2. Conditional Use Permit 2008-112 is consistent with the La Quinta Zoning Code in that it is conditionally permitted under the CC zoning designation with a Conditional Use Permit. The project's proposed use is consistent with the uses identified in the CC district and have been designed and is conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Conditional Use Permit 2008-112. is in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. 4. Approval of Conditional Use Permit 2008-112 will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to or be incompatible with other properties or land uses in the vicinity in that the use is self contained in a building that has been designed to be compatible with the adjacent uses. Furthermore, it is a significant distance from nearby residential and school uses and will not create conditions, such as noise, odors, traffic, etc. that will be detrimental to adjacent properties. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby approve Conditional Use Permit 2008-112, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. •• 557 Planning Commission Resolution 2009-014 Conditional Use Permit 2008-112 Leslie Lippich Architect and Associates Adopted: April 28, 2009 PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 28' day of April, 2009, by the following vote, to wit: AYES: Commissioners Barrows, Weber, Wilkinson, and Chairman Alderson NOES: Commissioner Quill ABSENT: None ABSTAIN: None ED ALDERSON, Chairman City of La Quinta, California ATTEST: jz1 S JC 1�1- V ON, Planning Director City of La Quinta, California 558 PLANNING COMMISSION RESOLUTION 2009-014 CONDITIONAL USE PERMIT 2008-112 LESLIE LIPPICH ARCHITECT AND ASSOCIATES CONDITIONS OF APPROVAL - FINAL ADOPTED: APRIL 28, 2009 GENERAL 1. The use of the subject property for a car wash facility shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2008-1 12 and Site Development Permit 2008-905, unless otherwise amended by the following conditions. 2. The Conditional Use Permit shall be expire after two years of the effective date of approval of April 28, 2009, and shall become null and void. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. No ancillary uses such as detailing, window tinting, etc. shall be conducted on the property unless specifically approved in writing by the Planning Director. Additionally, no temporary structures such as tents, covers, etc. shall be placed on the property. 5. Hours of operation are limited to 6 am to 10 pm. Seven days a week. There shall be a minimum of two employees on duty at all times. 6. Landscaping shall be continuously maintained with dead plants immediately replaced with like plant material. 7. There shall be continuous on -site maintenance of the car wash facility per the Daily Maintenance Schedule submitted and on file in the Planning Department. The Daily Maintenance Schedule shall be revised to include all operations and maintenance of the facility including landscape maintenance, and be approved by the Planning Director prior to final construction inspection by the Planning Department. 559 p\reports — pc\2009\4-28-09\ippich\cup pc coa.doc PLANNING COMMISSION RESOLUTION 2009=015 " A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR AN EXPRESS CAR WASH LOCATED ON THE WEST SIDE OF WASHINGTON STREET APPROXIMATELY 780 FEET NORTH OF FRED WARING DRIVE `CASE NO.: SITE DEVELOPMENT PERMIT 2008-905 APPLICANT: LESLIE LIPPICH ARCHITECT AND ASSOCIATES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28`h day of April, 2009, hold a continued Public Hearing from the meeting of the 14' day of April, 2009, to consider the request of LESLIE LIPPICH ARCHITECT AND ASSOCIATES (for Yury Levitan) for approval of development plans for an express car wash located on the east side of Washington Street approximately 780 feet north of Fred Waring Drive, more particularly described as: APN 609-070-047 WHEREAS, said Site Development Permit has been filed concurrently with a Conditional Use Permit and in whole represents the development permit application for the project as contemplated; and, WHEREAS, the La Quinta Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. Therefore, no further documentation is necessary; and WHEREAS, the Planning Department did publish a public hearing notice in the Desert Sun newspaper, on the 3rd day of April, 2009, as prescribed by the Municipal Code, with public hearing notices mailed to all property owners within 500 feet of the property in question; and, WHEREAS, the La Quinta Architecture and Landscaping Review Committee, at their meeting on the 1" day of April, 2009 reviewed the development plans associated with Site Development Permit 2008-905, and adopted a Minute Motion recommending approval to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval for the Site Development Permit: 560 P:\reports-pc\2009\4-28-09\lippich\sdp reso.doc P,lannirg pori fission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Adopted: April 28, 2009 1. Site Development Permit 2008-905 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial which permits, with a Conditional Use Permit which has been approved, and anticipates the use as proposed. The commercial uses will therefore help achieve the goal and permitted uses of the Community Commercial designation. 2. Site Development Permit 2008-905 is consistent with the La Quinta Zoning Code in that it proposes commercial uses permitted under the Community Commercial (CC) zoning designation. The project's proposed uses are consistent with the uses identified in the CC district and have been designed or are conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Site Development Permit 2008-905 is in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has determined that this request is Categorically Exempt pursuant to Section 15303 (Class 3), of the Guidelines for Implementation of the California Environmental Quality Act. 4. The architectural design of Site Development Permit 2008-905, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. 5. The site design of Site Development Permit 2008-905, including, but not limited to project entries, interior circulation, pedestrian amenities, and other site design elements will be compatible with surrounding development and with the quality of design prevalent in the City. 6. Site Development Permit 2008-905 landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials is designed and conditioned so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses. The project design and landscaping will serve to establish an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and CVWD water efficiency requirements, ensuring efficient water use. 561 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Adopted: April 28, 2009 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby approve Site Development Permit 2008-905, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 281" day of April, 2009, by the following vote, to wit: AYES: Commissioners Barrows, Weber, Wilkinson, and Chairman Alderson NOES: Commissioner Quill ABSENT: None ABSTAIN: None ED ALDERSON, Chairman City of La Quinta, California ATTEST: JOFj(�, i Planning Director of �a'Quinta, California 562 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Final Adopted: April 28, 2009 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of,this Site Development Permit. 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 Site Development Permit is valid for two years from April 28, 2009, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the La Quinta Municipal Code. 3. 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 • Riverside Co. Environmental Health Department • Desert Sands Unified School District [also] • Coachella Valley 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 .. 5 6 lippich\sdp coa.doc Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Final Adopted: April 28, 2009 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. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); 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"). 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. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc r 5 Pane 2 of 21 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Final Adopted: April 28, 2009 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Additionally, the applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB- CRB) Region Board Order No., 137-2008-001. G. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. H. 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. 5. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 6. 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 and shall make a good faith effort to acquire easements or P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 565 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Final Adopted: April 28, 2009 other property rights for the adjacent project's deceleration lane transition curb reconstruction. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 7. The applicant shall offer for dedication or other development application all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. Dedication of Right of Way and Landscape setbacks shall utilize contracts, approved by the City Attorney, for perpetual maintenance, as applicable. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1. Washington Street (Major Arterial, 120' ROW) — Per the General Plan, the standard 60 feet from the centerline of Washington for a total 120-foot ultimate developed right of way. 2. Deceleration Lane on Washington - An additional right of way dedication along the project measuring Sixty -Eight (68) feet east of the centerline of Washington Street per the Site Plan dated April 17, 2009. 3. Right of Way Extension along the Deceleration Lane Transition on Washington Street at the La Quinta Business Center (SDP No. 2004-814) - The applicant shall put forth a "good faith effort" to attain Right of Way dedication from the adjacent property measuring Sixty -Eight (68) feet east of the centerline of Washington Street per the Site Plan dated April 17, 2009. 9. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. P:\reports-pc\2009\4-28-09\sdp2008-905lippich\sdp coa.doc 566 Pa e4of 21 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Final Adopted: April 28, 2009 10. Dedications shall include additional widths as necessary for turn lanes, bus turnouts, and other features contained in the approved construction plans. 11. The applicant shall create perimeter landscaping setbacks along all public rights -of - way as follows: A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L. 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. 12. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, and drainage basins. 13. Direct vehicular access to Washington Street shall be the access point identified on the Site Plan dated April 17, 2009, or as otherwise conditioned in these conditions of approval. 14. 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. STREET AND TRAFFIC IMPROVEMENTS 15. The applicant shall construct the following street improvements to conform with the General Plan A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 120' R/W): Widen the east side of the street to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Per the General Plan, the east curb face shall be located fifty one feet (51') east of the centerline, except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) b) A twelve foot (12') deceleration/right turn only lane at P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 567 Paae 5 of 21 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Final Adopted: April 28, 2009 Washington Street Entry. The east curb face shall be located sixty feet (60') east of the centerline. The required deceleration lane shall be for the entire length of the project site. c) At the La Quinta Business Center, SDP No. 2004-814, reconstruct the deceleration lane transition curb to match the curb face found in the deceleration lane (60' east of centerline) as shown on Plan Set Number 06079 Sheet 2 of 5. All construction work on Washington Street shall be approved by the City Engineer. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs, at the entrance for pedestrian safety. b) Provide lighting sufficient for school zone and pedestrian safety along the ADA pathway. c) Eight (8) foot wide meandering sidewalk. d) Reconstruct and realign the sidewalk at The La Quinta Business Center (SDP No. 2004-814) caused by demolition from the proposed reconstruction and realignment of the curb along the deceleration lane transition per Site Plan dated April 17, 2009. e) If required, modify the half width of a fourteen foot (141 wide raised landscaped median along the entire boundary of the project as approved by the City Engineer. 16. The applicant shall construct all offsite improvements prior to Building Occupancy. 17. 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: Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 568 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Final Adopted: April 28, 2009 18. 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. 19. General access points and turning movements of traffic are limited to the following: Washington Street 1. Primary Access Drive: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. 20. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 21. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 22. 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 P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc ..... 569 Page 7 of 21 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Final Adopted: April 28, 2009 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. 23. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Site Plan dated 04-17-09, and these Conditions of Approval. 24. 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. 25. 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. 26. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 27. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 510 Page 8 of 21 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Final Adopted: April 28, 2009 Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional fides such as "engineer," "surveyor," and "architect," refers to persons currently certified or'licehsed to practice their respective professions in the State of California. 28. 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). 29. 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 shallbe prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan (Optional) 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) E. Off -Site Street Improvement/Storm Drain Plan/Meandering Sidewalk 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the sidewalk, mounding, and berming design in the combined parkway and landscape setback area. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc Page 9 of 21 571 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Final Adopted: April 28, 2009 G. On -Site Precise Grading Plan 1 " = 30' Horizontal The Precise Grading plan shall include: Storm Drain/Underground Retention. NOTE: A through G shall 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 Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. The Precise Grading 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. "Rough Grading" plans shall normally include perimeter walls with Top of Wall & Top of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 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 Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "Site Development" 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. 30. 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. 5 2 P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Final Adopted: April 28, 2009 31. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 32. 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 or equal according to Engineering Bulletin 09-01. IMPROVEMENT SECURITY AGREEMENTS 33. Prior to constructing any off -site improvements on Washington Street, the developer shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the offsite improvements required on Washington Street. 34. 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. 35. Depending on the timing of the development of this Site Development Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct all 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 Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall reimburse the City for the costs of such improvements. 36. 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 P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 5 7 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Final Adopted: April 28, 2009 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. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 37. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 38. 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. 39. 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. 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. 574 P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Final Adopted: April 28, 2009 40. 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 ControlPlan. 41. 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 (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 42. Building pad elevation shall not differ by more that one foot higher from the building pads in adjacent developments, or the applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance.difficulties and neighboring -owner dissatisfaction with the grade differential. 43. 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. The 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 44. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site and adjacent tributary '/2 street area during the 100 year storm shall be retained within the development, P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 575 Page 13 of 21 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Final Adopted: April 28, 2009 unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. The required volume of the underground retention system was estimated to be equal to 12,004 cubic feet per the Preliminary Hydrology and Drainage Report for La Quinta Hand Car Wash Commercial Site dated June 3, 2008 and Revised August 22, 2008. The vault design shall be approved by the City Engineer. 45. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 46. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 47. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 48. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 49. 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). 50. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 51. 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. 52. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 576 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Final - Adopted: April 28, 2009 UTILITIES 53. 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 qWctures including, but not limited to, traffic signal cabinets, electric vaults, . 45 ` ° r valves, and telephone stands, to ensure optimum placement for practd aesthetic purposes. 54. Existing overhead utility lines within, or adjacent to the proposed:.development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 55. 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 56. The City will conduct final inspections of the habitable building only when the building has improved parking lot and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices and pavement markings. LANDSCAPE AND IRRIGATION 57. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). Tree quantities for the approved landscape plan (with tunnel on north side of site) shall be the same as the landscape plan dated 3- 11-09 with the tunnel on the south side of the site. 58. The applicant shall provide landscaping in the required setbacks, and common areas. 59. Landscape and irrigation plans for landscaped areas and setbacks, and medians shall be signed and stamped by a licensed landscape architect. 60. The applicant shall submit the irrigation and planting plans to the Planning Department for approval. When plan checking has been completed by the Planning P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 577 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Final Adopted: April 28, 2009 Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner. The plans shall then be re -submitted to the Planning Department for review and approval by the Planning Commission. And signature by the Planning Director. However landscape plans for landscaped medians 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 approved prior to issuance of building permit. Final plans shall include all landscaping and equipment such as vacuums/trellises, walls, etc., associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 61. 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. 62. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 51h Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 63. Bougainvillea vines shall be provided on all trellises facing the vacuuming area. 64. The two 36" box size Mediterranean Fan Palms shown in the two landscape parking lot fingers adjacent to the car wash building shall be changed to 15' bth Washingtonia filifera (California fan palm). 65. All trees proposed in the landscape areas adjacent to Washington Street shall have a minimum trunk caliper of two inches measured at least 12 inches from the ground. PUBLIC SERVICES 66. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 67. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 578 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Final Adopted: April 28, 2009 68. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 69, 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. 70. 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). 71. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with Chapter 3.34 of the Municipal Code unless modified by the City Council. FIRE MARSHAL 72. Provide or show there exists a water system capable of delivering a fire flow 8000 gallons per minute for four hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 73. Approved accessible on -site super fire hydrants shall be located not to exceed 200 feet apart in any direction. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus as measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 400 feet from a fire hydrant. Fire hydrants shall provide the required flow. 74. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 75. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 579 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval - Final Adopted: April 28, 2009 76. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-05 (located at www.rvcfire.org) 77. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 78. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus 79. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 80. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtained at the Fire Department. 81. Street numbers shall be displayed in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 82. Install a complete commercial fire sprinkler system (per NFPA 13 2002 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front of building and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current permit fees, to the Fire Department for review and approval prior to installation. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 580 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 , Leslie Lippich Architect and Associates Conditions of Approval — Final Adopted: April 28, 2009 83. Install an alarm monitoring system for fire sprinkler system(s) .with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 84. Install a portable fire extinguisher, with a minimum rating of 2A, ',OBC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishersall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extingulsher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 85. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2007 CBC. No class i, it or IIIA of combustible/flammable liquid shall be used in any amount in the building. 86. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2007 California Building Code. 87. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 88. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside of door. 89. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of door. 90. Roof Access room door if applicable shall be posted "Roof Access" on outside of door. 91. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 92. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. 2007 CIVIC 93. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. P:\reports-pc\2009\4-28-09\sdp2008-905lippich\sdp coa.doc 581 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Final Adopted: April 28, 2009 MISCELLANEOUS 94. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 95. Signage is not a part of this approval. All signs shall comply with the requirements of Zoning Code Chapter 9.160. 96. All parking areas shall be screened from view through the means of a landscaped berm, a three foot high decorative masonry wall, landscaped hedges or bushes with significant foliage, or a combination of all three methods. All screening shall be reviewed and approved by the Planning Director. 97. . No ancillary uses such as detailing, window tinting, etc. shall be conducted on the property unless specifically approved in writing by the Planning Director. Additionally, no temporary structures such as tents, covers, etc. shall be placed on the property. 98. Design, color and finish of the proposed six (6) foot high sound walls shall be approved by the Planning Director prior to issuance of a building permit. 99. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 100. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, including a Native -American monitor. Proof of retention of monitors shall be given to the City prior to issuance of the first earth - moving or clearing permit. The monitor shall be empowered to temporarily halt or divert equipment to allow for City notification and analysis. 101. The final report on the monitoring shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy for the project. 582 P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc Page 20 of 21 Planning Commission Resolution 2009-015 Site Development Permit 2008-905 Leslie Lippich Architect and Associates Conditions of Approval — Final Adopted: April 28, 2009 102 Collected archaeological resources shall be properly packaged for longterm curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 103. If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Planning Department shall be notified immediately. 104. A program and system for recycling of used car wash water shall be implemented and approved by the Planning Director. 105. A six foot high masonry sound wall shall be installed in the landscaping area along the exit drive from the carwash structure and along the north property line. The exact design, location and length of the wall shall be worked out with staff and shown on the final landscaping plans. 106. The project shall be developed per the site plan dated April 17, 2009, and associated plans showing the car wash tunnel on the north half of the subject site. 107. The vehicular access, as shown on the approved plans, providing ingress and egress with the adjacent property to the south, shall be installed as part of this project. The access shall be designed in a manner that provides a temporary barrier to such access until improvements, facilitating such access, on the property to the south are completed and a reciprocal access agreement between both property owners is fully executed and recorded. At such time, the owner of the subject site shall cause the barrier to be removed and full access, as designed, shall be provided. The design of the temporary barrier shall include landscaping and shall be approved by the Planning Director and the City Engineer prior to installation. 108. Miscellaneous equipment used in conjunction with this facility (i.e., pay machines, menu boards, vacuums and associated trellis, trash cans, light fixtures, etc.) shall be primarily earth tone in color. The exact colors shall be approved by the Planning Director prior to installation. P:\reports-pc\2009\4-28-09\sdp2008-905 lippich\sdp coa.doc 583 ATTACHMENT 8 May 11, 2009 Mr.Les Johnson Planning Director, City of La Quinta P.O.Box 1504, 78-495 Calle Tempico La Quinta, CA 92247 RE: Building of Car Wash next to the property located at 43-576 Washington Street. Dear Mr. Johnson, I am appealing the above construction for the following reasons 1. Car wash will create excessive noise and pollution and disturb the quiet atmosphere required for the use of offices and the medical clinic. 2. Car wash tunnel should not be next to my property, to minimize the noise. 3. Needs a 6foot soundproof wall to minimize the noise. Thank you for your consideration. Vd Dr`7.E. Chandras a caz, D. 75-277 Skylark Trail Indian Wells, CA 92210 Email: Chandra_shekar@dc.rr.com 584 ATTACHMENT 9 City of La Quinta Planning Department 78495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 re0eived OFFICE USE+ ONLY Case No. —QO Date Reovd. 5 - M-04 Pee: "t7T Related Apps.: Logged in by: Q. MAY 12 2009 Application for Cil,,afLoQuintoAppeal of Findings And/Or Conditions Plarining 0epadfnerlt Appellant'sName Mayer Villa Capri, L.P. Date May 8. 2009 Mailing Address 660 Newport Center. Drive, Suite -1050 Newport Beach, CA 92660 Phone: (949) 759-8091 Resolution# and Condition(s) of Approval being appealedResolut ion 2009-015 i Cond. #1 07 A n Any development review action may be appealed pursuant to Section 9.220.120 of l' Zonih`8'ige.li i�,,it1112CJ3 Please identify the type of application: _ CITY OF "A riU'rWF, Type of Appeal: _ ..t:YitM-;E _,FPT Change of Zone _ Specific Plan x Conditional Use Permit Variance, ; _ Minor Use Permit _ �ublic Nuisance (Code Violation.) _ Tentative Tract Map Tentative Parcel Map x Site Development Permit Temporary Use Permit Other $lease provide sufficient information so as to make clear the substance of each ofthe grounds for appeal. If applicable, indicate the number of the specific condition which is being protested. See attached. Use additional sheets if necessary. Signature C,1Documents and Setttnp\pnleto\Desktop\Appeal Findings-Conif.doo 585 APPEAL OF RESOLUTION 2009-015, CONDITION 107 Mayer Villa Capri, L.P. ("Appellant") brings this appeal to the conditions imposed by the Planning Commission on the Desert Express Carwash which require the carwash project to provide a driveway throat along its southern property line for a potential future driveway connection with the Appellant's adjacent property, a project known as "Villa Capri". The Villa Capri project was submitted to the City nearly 4 years ago and includes the development of 104,000 square feet of retail space including a grocery store anchor, drug store and smaller retail shops and restaurants, and a 130,000 square foot medical office complex/assisted living facility. Villa Capri was approved by the City Council on March 17, 2009, and at that time, council members commented on the high quality of the architecture being introduced with this project. After having been in the City for several years, and shortly before the Villa Capri project was scheduled to go before Planning Commission, staff introduced the idea of a new driveway access point from the Villa Capri to the Express Carwash. Concerned about the impact of this new driveway, the Appellant met with the Carwash developer and both parties agreed that the proposed new driveway did not provide significant benefits to the operation of either site. Furthermore, the introduction of this proposed new driveway introduced numerous problems for the Villa Capri. As a result, the Appellant's representatives met with staff on February 6, 2009 to explain our concerns about this new access point and to request that it be deleted. Staff heard our concerns and agreed that the new access point should be deleted. The Villa Capri project was therefore approved by both the Planning Commission and the City Council without the new driveway between the site and the carwash site to the north. After the Council's approval of the Villa Capri project, the Planning Commission took up consideration of the Desert Express Carwash site immediately north of Villa Capri. On April 28, 2009, the Planning Commission approved the site development permit and conditional use permit for the carwash with the condition that it provide a driveway throat along the south property line for the potential of a future driveway connection with Villa Capri. The Planning Commission established this condition on the carwash with the idea that should Villa Capri request any entitlement to further its development, the Commission would take that opportunity to impose the new condition for the driveway linkage with the carwash, even though the Villa Capri was approved without such a condition. Appellant therefore brings this appeal requesting that the City Council delete from the approval of the Desert Express Carwash the requirement that they install a driveway throat along the south property line for a potential future driveway connection to Villa Capri. The bases for this appeal are as follows: 1. Circulation Issues: Circulation within the carwash site, even in the absence of the disputed driveway throat, is confusing and problematic. The circulation plan as approved already creates numerous locations where there can be conflict between vehicles, and the introduction of the new driveway creates yet -another area of conflict. Use. of the proposed driveway requires cars to cut across three lines of vehicles waiting for a car wash, thereby disrupting stacking within the three "wait" lanes for the carwash and potentially backing cars up on the site near the vacuum stations. If a customer wants to access the carwash site from Villa Capri, they enter the queue of cars waiting for a carwash at its center, not at its beginning, thereby delaying service to those cars waiting near the end of the queue. If those cars waiting in the queue refuse to allow the vehicle 1 586 entering from Villa Capri to cut in, then that vehicle would back up onto the Villa Capri site thereby blocking mostly truck traffic using the perimeter service drive. The northern drive of the Villa Capri site has been designed to be the primary ingress/egress point for delivery trucks and trash removal trucks for the Villa Capri project. By introducing this proposed new cross traffic driveway between Villa Capri and the carwash, the City compromises this circulation plan by reintroducing cars into the flow of truck traffic on the site. 2. Drainage/Grading Issues. The requirement for the connecting driveway between the carwash and the Villa Capri sites presumes that the preliminary grading plans are final and workable grades for each property. Due to the recent City —sponsored improvements for Fred Waring Drive and the final construction of the adjacent school, the Villa Capri preliminary grading may have to adjust to fit those new edge conditions. As such, the final grades on the Villa Capri project may need to be significantly adjusted. The car wash applicant had contacted our engineer some months ago and received the elevations that were proposed at that time. Subsequently, due to other site plan issues on Villa Capri, our preliminary grading was revised to account for changes in the site plan thereby dropping the elevation proposed for the service drive in the area of the connection. Our approved Preliminary Grading Plan now shows a six foot grade difference between the two sites at the point of connection, which would result in a driveway gradient far steeper than can be allowed. Even if the car wash grading plan were adjusted downward by four feet +/- to better match our preliminary grades, there may yet be more changes needed by Villa Capri prior to pulling a grading permit. It is unknown what impacts would surface from lowering the car wash grading to make the connection work. These could include export of dirt, retaining walls, drainage, etc. If the car wash builds first and constructs the throat of the connecting driveway, the grading of the 25 acre Villa Capri project would have to be forced to adjust to tie into this driveway. With only a limited distance (10' +/_) to.make a smooth grading transition, the much larger and more complex Villa Capri project could find its options severely compromised by this unwanted and unneeded driveway. 3. Shared Maintenance Responsibility: The Villa Capri project is structured to provide that through conditions, covenants and restrictions ("CC&R's") recorded on Villa Capri, all tenants and property owners within the project will be required to pay a proportionate share of the cost of maintaining the common area, including but not limited to the drive aisles throughout the project. By imposing the requirement that Villa Capri must provide access to the carwash, we are essentially being forced to give the carwash the benefit of the common area on our project without any responsibility to pay their fair share for the use of that common area. Such a requirement is unfair to the tenants of Villa Capri and constitutes a taking of private property for the benefit of another private party. In addition to maintenance costs, the tenants and owners of Villa Capri will also be required to pay their share of insurance costs to provide liability coverage over the common area, including the drive aisles. Again, because the carwash is not part of the Villa Capri project, it will not share in the cost of that insurance, and yet, if the city forces the new access, the carwash will get the benefit of that insurance as a user of the Villa Capri site. This again works an injustice on the owners and tenants of the Villa Capri project. 4. Aesthetics: The Villa Capri project was put through rigorous analysis including but not limited to the requirement for architecture of the highest quality, During the council approval process, council members commented on the high quality of the architecture and the hard work that had been done by the Appellant in bringing that quality of project to the City. The carwash 58l project has not been subject to that same level of scrutiny with respect to architectural review, and it does not match or meet the design standards of Villa Capri. Nonetheless, by forcing the driveway connection, the City makes the carwash a part of our project and yet this part of our project is not required to meet our design standards or pay its fair share of maintenance costs. This detracts from the architectural quality of our project as well as working a financial injustice on our project and its tenants. 5. No Customer Relationship between Car Wash and Villa Capri: The Planning Commission jumped to the conclusion that customers using both the shopping center and the car wash during the same trip would be inconvenienced by not being able to drive between properties during a single trip to both wash their car and to shop or visit the medical office complex, In as much as the car wash is a drive through car wash relying on customers.to drive their cars through the wash facility, does it make any sense to conclude that shopping trips would be combined with car wash trips? Without a compelling likelihood of large percentage of dual-purpose trips, the utility for the connection certainly diminishes. 6. Forcing Renegotiations with Villa Caari's confirmed tenants. The Appellant has worked on the Villa Capri project for nearly four years, and during that time, has engaged in detailed negotiations with tenants which included discussion of the circulation system for the site. The major tenants of the project have approved the circulation system as approved by the City Council on March 17, 2009. That circulation system does not include the shared access with the carwash. If we are forced to provide such access, we would be forced to renegotiate the circulation system with planned tenants. Forcing such a renegotiation in today's difficult economy when tenants are difficult to find and keep, places an unfair burden on the Appellant at this late date and creates no meaningful benefit for the project. 7. The driveway unfairly shifts the burden of site access for the carwash to Villa Capri. The traffic study for the Villa Capri found the circulation system as approved by the City Cou appropriate for the impacts of this project. That system does not include the proposed shared driveway. The shared driveway is therefore being imposed in order to solve a perceived circulation issue for the small carwash site, which has access on Washington. By forcing this driveway onto the Appellant after the fact, the City unfairly shifts the burden of access to the carwash to the neighboring property owner. 588 LE5LIf LIPPICH ARCHITECT AND ASSOCIATES 4766 PARK GRANADA SUITE 204, CALABASAS CALIFORNIA 91302 ATTACHMENT 10 JUN 10 2009 CITY OF LA OUINTA June 8, 2009 City of La Quinta Attn: City Council Members P.O. Box 1504 La Quinta, CA 92247-1504 RE: Site Development Permit 2008-905 Conditional Use Permit 2008-112 Express Carwash, Washington Street Dear Council Members: I am the architect for the subject project and writing this letter in response to the two appeals submitted by Dr. J.E. Chandrashekar and Mayer Villa Capri L.P., our neighbors to the north and to the south respectively. After lengthy reviews and revisions requested by the planning Department and the City Engineering/Public Works over the course of nearly ten months, we have received a Planning Commission Approval on April 28, 2009 for our project to have the carwash tunnel located along the north side of our property. We wish to maintain this location and we feel that our neighbors' concerns are well mitigated by our plan. Dr. Chandrashekar's "concems about noise and pollution by the carwash affecting his partially medical office building have been addressed by our design in the following manner: 1. The carwash tunnel has no openings facing north. 2. We have provided a 6'-0" sound wall along a portion of the north and east property lines as requested by.the Planning Commission. 3. The office building to the north is located, near the easterly or rear property line with a sizeable parking lot facing Washington Street. The only equipment insidethe tunnel creating any noise is the drying blowers which are located at the exit end of the tunnel approximately 80 feet from Washington Street. At this location, our northerly neighbor has a parking area/carports, not a building. 4. The Aero-dry System used to dry the cars has a sound rating of 79A DBA from a 26' distance —well below the allowable sound pollution levels of the city. TEL 818.591.2655 FAX 818.591.2729 LESLIE LIPPICH ARCHITECT AND ASSOCIATES 5. Customer activity is concentrated on the southerly partof our project where carwash users can vacuum their vehicles. The vacuum cylinder is inside the building; vacuum hoses create about the same noise level as a residential vacuum. By placing our building along the northerly property line, the building itself protects our neighbor to the north from any noisy activity our customers may create. ' Reversing the project, that is, placing the building along the south property line would increase the "potential" disturbance to the office building on the north. Mayer Villa Capri L.P.'s appeal is mainly a concern about the connecting drive.access between the two projects. We agree with Mayer Villa Capri L.P.'s request to omit the connection. They are correct assuming that if the stacking line for the carwash is full, an trying to cut into the middle would create backup on the southerly neighbor's exit driveway creating a hazardous'condition. We provided An escape lane on our property should anyone decide not to wait any longer. A right turn from our stacking line to another property can create liability and maintenance problems between the two property owners. Finally, the Express Carwash is a permitted use of the property —the interior traffic pattern is acceptable to the Planning Department, Traffic Engineers and the owner/operator of the carwssh. The driveway connection would only complicate the traffic issues` Based on the foregoing, we request the City Council to uphold the Planning Commission's decision to allow the carwash.to be in its approved location and omit the conditions related to the driveway connection to the south. Thank you, LESLIE.LIPPICH ARCHITECT & ASSOCIATES, INC. Leslie Lippich President 4766 PARK GRANADA SUITE 204, CALABASAS CALIFORNIA 91302 590 TEL 818.591.2655 FAX 818.591.2729