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2009 07 21 CCeaf 4lwR 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, JULY 21, 2009 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2009-062 Ordinance No. 473 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND BRET M. PLUMLEE, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 — MEET AND CONFER PROCESS. 001 City Council Agenda 1 July 21, 2009 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, BRET M. PLUMLEE, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF A PORTION OF THE PARCEL LOCATED AT 54-001 MADISON STREET. PROPERTY OWNER/NEGOTIATOR: TOWERCO, LLC OF CALIFORNIA, INC., (TOWERCO), DANEEN WILDER. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. FADTr1 AIll■ PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JULY 7, 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 JULY 21, 2009. on.. ; 002 City Council Agenda 2 July 21, 2009 2. RECEIVE AND FILE TRANSMITTAL OF TREASURER'S REPORT DATED MAY 31, 2009. 3. RECEIVE AND FILE TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED MAY 31, 2009, AND THE INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2009. 4. APPROVAL OF AN APPROPRIATION TO CLOSE THE COACHELLA VALLEY VIOLENT CRIME TASK FORCE FUND AND TRANSFER REMAINING FUNDS TO THE CITY OF INDIO. 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 32070, CODORNIZ, RJT HOMES, LLC. 6. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29457-4, RANCHO LA QUINTA, T.D. DESERT DEVELOPMENT, L.P. 7. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30185, RANCHO LA QUINTA, T.D. DESERT DEVELOPMENT, L.P. 8. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 472, AMENDING TITLE 9, ZONING, OF THE LA QUINTA MUNICIPAL CODE RELATING TO USED VEHICLE SALES WITHIN THE REGIONAL COMMERCIAL ZONING DISTRICT TO ESTABLISH DESIGN AND DEVELOPMENT CRITERIA AND REMOVE TEXT REGARDING AUTOMOTIVE USES PROVISION IN A PORTION OF THE NON-RESIDENTIAL TABLE OF PERMITTED USES (9.80.040). 9. ACCEPTANCE OF AN IRREVOCABLE OFFER TO DEDICATE EASEMENT FOR ROADWAY PURPOSES, DECLARATION OF RESTRICTIONS, AND AGREEMENT ALONG FRED WARING DRIVE AND JEFFERSON STREET BY REGENCY MARINITA - LA QUINTA, LLC, A DELAWARE LIMITED LIABILITY COMPANY. 10. APPROVAL OF A COOPERATIVE AGREEMENT WITH THE CITY OF INDIO FOR DESIGN AND CONSTRUCTION OF THE COACHELLA CANAL AT MADISON STREET AND AVENUE 50. 11. ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES ASSOCIATION FOR FISCAL YEAR 2009/2010. City Council Agenda 3 July 21, 2009 12. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE NEW TRAFFIC SIGNAL AND STREET IMPROVEMENTS AT DUNE PALMS ROAD AND "A" STREET, PROJECT NO. 2009-10. 13. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE WASHINGTON STREET WIDENING IMPROVEMENTS, PROJECT NO. 2008-18. 14. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2009/2010. BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE: TO THE 2009 LEAGUE OF CALIFORNIA CITIES CONFERENCE. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION OF OPTIONS REGARDING THE WIDENING OF FRED WARING DRIVE BETWEEN ADAMS STREET AND PORT MARIA ROAD. 2. DISCUSSION OF THE SUMMARY TECHNICAL MEMORANDUM PREPARED BY WILLDAN FINANCIAL SERVICES REGARDING A FEASIBILITY STUDY AND BENEFIT ANALYSIS OF FORMING A CITYWIDE DISTRICT TO SUPPORT PARKS AND RECREATION IMPROVEMENTS. 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) 004 City Council Agenda 4 July 21, 2009 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 18. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 19. INVESTMENT ADVISORY BOARD MINUTES OF MAY 13, 2009 20. HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 21, 2009 21. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF APRIL 1, 2009 22. PLANNING COMMISSION MINUTES OF APRIL 28. 2009 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. UPDATE ON GREEN AND SUSTAINABLE LA QUINTA PROGRAM 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR JUNE 2009 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR JUNE 2009 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR JUNE 2009 8. PUBLIC WORKS DEPARTMENT REPORT FOR JUNE 2009 9. POLICE DEPARTMENT REPORT FOR JUNE 2009 10. FIRE DEPARTMENT REPORT FOR QUARTER ENDING JUNE 2009 MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE 'pn 005 City Council Agenda 5 July 21, 2009 RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING THE PLACEMENT OF PUBLIC NUISANCE ABATEMENT ASSESSMENTS ON THE 2009/2010 PROPERTY TAX ROLL. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 33085, A SUBDIVISION OF 4.36 GROSS ACRES INTO SEVEN SINGLE FAMILY RESIDENTIAL LOTS AND ONE RETENTION LOT LOCATED AT THE SOUTHWEST CORNER OF MADISON STREET AND BETH CIRCLE. APPLICANT: CORE MADISON, LLC. (This Public hearing has been cancelled due to the applicant withdrawing the application.) «». 006 City Council Agenda 6 July 21, 2009 ADJOURNMENT The next regular meeting of the City Council will be held on August 4, 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 Montec:ino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of July 21, 2009, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on July 17, 2009. DATED July 17, :2009 VERONICA J. ONTEC City of La Q Inta, Califc 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. N.. . 007 City Council Agenda 7 July 21, 2009 COO Q C Tit�t4aw �45 cFMOFTt�9 COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Demand Register Dated July 21 2009 RECOMMENDATION: Approve Demand Register Dated July 21, 2009 BACKGROUND: Prepaid Warrants: 83555 - 83572) 83573 - 83583) 83584 - 835981 83599 - 83610) 8361 1) Voids} Wire Transfers} P/R 35771 - 357841 P/R Tax Transfers} Payable Warrants: 83612 - 837651 FISCAL IMPLICATIONS: Demand of Cash - City Demand of Cash -RDA 846, 604.49 420,056.69 33,963.61 79,673.24 250.00 (4,070.00) 1,331,471.64 240,023.47 121,844.56 842,134.72 $3,911,952.42 $3,252,682.08 $659,270.34 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING »,.., 008 John M. Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 06/26/09 - 07/14/09 O6126/09 WIRE TRANSFER - ICMA O6/26109 WIRE TRANSFER - PERS 07/01/09 WIRE TRANSFER- PERS 07/01/09 WIRE TRANSFER - HEALTH PREMIUM 07/09/09 WIRE TRANSFER - WATERCOLORS 07/10/09 WIRE TRANSFER - ICMA 07/10/09 WIRE TRANSFER - PERS 07/10/09 WIRE TRANSFER - TASC 07/10/09 WIRE TRANSFER - LANDMARK 07/14/09 WIRE TRANSFER - PERS LUMP SUM TOTAL WIRE TRANSFER OUT $14,376.60 $60,980.85 $3,031.88 $99,224.13 $103,000.00 $14,376.60 $59,671.32 $1,077.04 $141,051.22 $834,682.00 $1,331,471.64 n.• . 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W W b x m r r u W W q WE aMuM <a a aN 0 MM1 aw o »> wo w 000� zz cv O(Dz a a O tD co W (� o ra G Z Z � N O O a O x r O Q W R' �1 u M q W m x z z N W 2 ua m or z M Z r r Q J � S r z w a a a > w r � q ww wrP a Q r G 2 q N N 1 Y ❑ b O U W o zx r\ M W u z n ox O.. W Y O N N U P W Z m wu M G 0 f G z b z v w o i co O O W G •r G •o 0 a G W \ q O qq, o 0 M 1 O d' N � a w� rr � w� W J ti W o m U x z LL v Z rl r s w Z N m . f O ozn f U O f� LLw� w q 1' 1' - G N � Y W Y o m oar o O W 3 N w v z G U M � O O o W P r o a o O N W \ W z bLL 2 N Q Z NZ R'O b0 r r a GQ zu r J Q aW h a P (! 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M O m as coin co 1 P C9 O N r a O Z Z 7 MWw �} Oa b (DW Sr fAW 1 QW 1 ¢m z LLx \ � u Z N N r q � 1 O a w s w m i z 1 z N WE 1 U Q P N K O O r N > NZ Zr V .-i N o 1 J W a > > r r z 0 w w U P Sr o a¢ wo 1 Z ❑ q N ou w m N W Q ❑ W W Zx >VI Zr WU .+o 1 M > OC O Ir LLJ 07C OM W Y O M JW Nu N) ¢ r W M u¢ x m ❑ K U M O a O me a 7 ❑ M r Z N Z W W o ti J > O O 7 m O O O Q W O Ja •❑ c� a o Z ❑❑1 0 r O O uu K N 1 uu a w1 Q f � w o O m U 1 u1 1 O LL I M 2 Y .+ u r m W W Z N m l N S M 0 U 1 O Z� 1 N UO V q u .+ n M ¢ r 1 o aaQ LLw > JJJ I q mi P JJJ 1 U0 1 O O ry enw 1 1 �} m o U U U 1 N n N Z Z Z 1 Y W Y I O m m\¢aa- mOCI o o .Nn Nlx/1 VI1 W 31 V t W m z 1 S mo � 1 ,-I ❑ � O r M > K P W W P J o a r eu o Q ew N CD p No NM 2 OmM�Qmo1 \ nW NO WZ"WW1 Z OW \M WZI-IWW 1 QZ \2 nx mo rr1 uo n out =UWWQ1 r.. o❑ �uwwq- r w ❑ •• ZUDo= 1 LL Or WE ¢Oug1 ww I oQ < a LL 1 m r D ¢z o =mzu mI ., wo O »Qm 1r as 000 1 1 ME M a •� AGENDA CATEGORY: F`h oF'[F1F'� BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 21, 2009 CONSENT CALENDAR: _ ITEM TITLE: Receive and File Transmittal of Treasurer's Report dated May 31, 2009 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated May 31, 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. ,. 063 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 064 2 Ti� 4 6(p Q94(to MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for May 31, 2009 DATE: June 30, 2009 Attached is the Treasurer's Report for the month ending May 31, 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 I Sold/Matured Other Ending Change LAIF US Treasuries (2) US Gov't Sponsored Enterprises (2) Commercial Paper (2) Corporate Notes ` Mutual Funds 51,295,185 115,875,242 1,994,354 1 8.500,000 15,000,000 5,000,000 10,000,000 1 18,000,000) 31,519 0 (2,171) 128,432 1 59,795,185 122,906,761 0 4,997,829 12,122,786 0 8,500,000 7,031.519 0 4,997,829 10,128,432 1 Subtotal $ 169,164,782 $ 38,500,000 $ 8,000,000 $ 157,779 $ 199,822,561 $ 30,657,779 Cash 3 4,567,043 1 1,780,034 2,787,009 1,780,034 Total $ 173,731,825 $ 38,500,000 1 1 $ 9,780,034 $ 157,779 1 $ 202,609,570 $ 28,877,745 I certify that this report accurately reflects allpooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. hn M. Falconer Date Finance Directorfrreasurer 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. �.•• 065 a C ° C C C Z Z C z C z C z C Z C z z W CO 0l- N g U m ° m vWi U m m a `off a C N y d Q m > N ca m y J 2 i y y L T E 3 ami ami ai0i amI v m i. i. o X M M N C'1 m M M M (gyp O Ozi N J V m '4' '45 N m y y V rLq C C C O O O O O E T N y O p O O O O N O ON N> N O O C E> d E f O. 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'A 3 L_ Z C y O m O U DIYY LL O °• LL V J C C 0 3 .w rnU m E FJ-am E D N C V C C D O C C N C 04 V E 0 j'y y C ENo N UW 0m tiQ E y _ z E E E m o ; uc To E o E- °° Ee r'Cum';D vEE c 0 a FD N m T d`mrn m w U Jo E m m c Q N N c m d O m m NOEmE ipLL ' V Q om l0 am u U OV J n. W r oL CO W G Treasurer's Commentary For the Month of May 2009 Cash Balances — The portfolio size increased by $28.9 million to end the month at $202.6 million. The major reason for the increase was the receipt of the 2"d County of Riverside May property tax installment of $28.8 million. Investment Activity — The average maturity of the portfolio increased by 26 days to 80 days at the end of May. The Treasurer follows a buy and hold investment policy and purchased two (2) Temporary Loan Guarantee Program (TLGP) Corporate Notes and one (1) TLGP Commercial Paper investment during the month which resulted in the increased average maturity. The portfolio continues to not have direct investments in Government Sponsored Enterprises (GSE's) at this time and has one non-TLGP corporate Note - GE Capital. The sweep account earned $83 in interest income for the month of April and the bank fees for the month were $ 2,017 which resulted in a net decrease of $ 1,934 in real savings. Portfolio Performance — The overall portfolio performance decreased by one (1) basis point from the prior month and ended at .84% for the month, with the pooled cash investments yielding .92%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding 3.17% which reflects the current interest rate environment. ,.- looking Ahead While the liquidity crisis impacting financial and business institutions has somewat waned, the Treasurer is still 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 non- TLGP corporate notes, non-TLGP 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 and Certificates of Deposits with local banks. Bond proceeds will be laddered in three- and six-month Treasury bills as .they mature. 067 5 tzzz 2 „ssassassssssbss ZZ e s F `" mmmm`mm�`mm^ +spas �£asmxXXXXXXXSXXr Mee I -S- X = o-ia .....`.....&omz o o -o 0000 3. 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Utv 370% 3.53% 3.55% 3,81% 363% 367% 4,11% 4,00% 406% 4.14% 4,01% 4.N % 4.21% 445% 431% 4.30% 446% 4.37% 467% 4.48% 4.60% 474% 498% 483% 493% 5.00% 4.96% 4.94% 5.04% 497% 4.98% 5.01 % 4.0% 500% 502% 501% 5.04% 5,03% 503% 508% 504% 5.06% 5.18% 5.12% 5.16% 5.19% 5.13% 5.17% 5.21% 5.03% 5.15% 520% 5.14% 5.15% 5.20% 505% 5.16% 5.19% 4.88% 5.10% 521% 490% 5.12% 5.17% 485% 50% 5.16% 4.86% 5.06% 5.11% 4.85% 5.02% 503% 4.83% 4.96% 4.95% 343% 445% 458% 3,33% 422% 4.12% 324% 3.85% 407% 283% 367% 345% 3.27% 341% 3.14% 3.27% 3.17% 3.09% 1.94% 2 86% 299% 1.93% 2.77% 3,16% 192% 2.88% 2.81% 1.92% 264% 266% 2.61% 2.61% 238% 2.36% 2.36% 160% 0.18% 142% 136% 0.18% 1.23% 123 % 0.18% 1.11% 126% 0.18% 1,13% 094% 0.18 % 0.85% 0.92% 0,18% 084% 172 139 121 109 163 137 131 117 92 74 123 131 110 80 121 98 117 140 120 155 137 137 209 214 172 167 112 113 145 109 104 120 93 fill 113 73 84 76 65 96 68 112 73 110 92 67 78 95 48 53 67 62 80 fill 45 67 42 32 85 129 109 129 116 99 123 96 86 74 82 63 80 62 51 37 29 fill 116 82 75 69 54 80 Treasury BilisMate Three Month ISi. Month One Year T. Year 173% 164% 62% 1,55% 129% 127% 1.16% 120% 1.10% 1.17% 1.10% ON9v 098% 106% 1.01% 1.04% 03% 0.99% 100% 1 01 % 101% 119% 1.38% 173% 1.74% 178% 1.95% 2 04% 2 37% 2 56% 2 55% 2.85% 2.85% 3,09% 3.11% 3.22% 354% 369% 375% 375% 4,16% 4 20% 444% 4 58% 463% 474% 4 84% 5.11% 506% 4,97% 500% 4.96% 4 94% 4 90% 4 98% 4.96% 4 88% 4 84% 4.81% 4,81 % 480 % 4.59% 4 00% 395% 334% 339% 2.31% 2.07% 150% 170% 192% 2.14% 170% 188% 2.29% 275% 1.69% 189% 2.14% 2.38% 1,42% 179% 1.96% 200% 0.90% 140% 172% 1.50% 0.15% 0.49% 104% 1.25% 0.05% 025% 0.59% 088% 0.15% 0.35% 043% 0,88% 0.30% 050% 061% 088% 0.20% 042% 070% 0.88% 0.31% 0.33% 0.59% O88% 0.18% 030% 0.53% 0.88% three 2 59% 260% 2 49% 230% 231% 2,10% 1.95% 198% 1.86% 180% 1.70% 165% 1.63% 1 fill% 1.60% 1 57% 1.55% 1.53% 144% 1 47% 145% 143% 143% 60% 167% 1.77% 189% 2 00% 2.13% 226% 2.37% 2.37% 272% 2.86% 2.97% 308% 3.18% 3 32% 3 46% 364% 3.81% 396% 404% 4.14% 431% 4.56% 470% 4.85% 495% 502% 5.10% 5.13% 5.13% 5.16% 5.18% 521% 522% 525% 525% 5 26% 525% 5.23% 514% 4%% 4.80% 462 % 4.16 % 3 78% 340% 3 07% 2.89 % 2.18% 279% 2.08% 278% 213% 277% 207% 271% 1 45% 2.57% 0.97% 2.35% 031% 205% 0.48% 107% 037% 1,82% 028% 161% 0.23% 1.53% 074 12 I i I I I I •I I I I � I i III 11 / � I / I / I /♦ V G c C c G c G c O e O e O «c G c O oC) G c GI 0 0 0 0 0 o co 0 0 0 a0 (O V N O 00 O al CD V O N O O O � d V O O (0 a a)LL 0 0 m n U N lid 13 a y OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 21, 2009 BUSINESS SESSION: ITEM TITLE: Receive and File Transmittal of Revenue CONSENT CALENDAR: and Expenditure Reports dated May 31, 2009 and Investment Summary Report for the Quarter Ending STUDY SESSION: June 30, 2009 PUBLIC HEARING: RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: Receive and File Transmittal of the May 31, 2009 Statement of Revenue and Expenditures for the City of La Quinta and Investment Summary Report for the Quarter Ending June 30, 2009. Respectfully submitted, A4M K +J"W� John M. Falconer, Finance Director Approved for submission by: n - Thomas P. Genovese, City Manager Attachments: 1 . Revenue and Expenditures Report, May 31, 2009 2. Investment Summary Report for the Quarter Ending June 30, 2009 4... 076 H I I AUMVIC1V 1 1 CITY OF LA QUINTA REVENUES -ALL FUNDS 07/01/2008-06/3112009 FUNDS ADJUSTED BUDGET RECEIVED % RECEIVED General $43,824,523.00 $31,336.225.09 71.50% 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 214,826.00 155,508.55 72.40% Lighting & Landscaping 927,900.00 902.434.79 97.30 % 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 113 1,223,803.00 612,965.35 50.10% South Coast Air Quality 120.400.00 89,227.03 74.10% Transportation 993,000.00 874,481.86 88.10% Parks & Recreation 60,000.00 70,914.00 118.20% Civic Center 100,000.00 118,221.93 118.20 % Library Development 30.000.00 33,021.07 110.10% Community Center 35.000.00 22,716.36 64.90% Street Facility 40,300.00 31,852.45 79.00% Park Facility 4,000.00 3,213.00 80.30% Fire Protection Facility 20.000.00 16,643.40 83.20% Arts In Public Places 152,044.00 145,515.85 95.70% Interest Allocation 0.00 431,056.54 0.00% Capital Improvement 104,306,226.00 21,312,372.92 20.40% Equipment Replacement 798,881.00 804,654.26 100.70% Information Technology 524,201.00 515,505.67 98,30% Park Equipment & Facility 447,694.00 438,307.51 97.90% SilverRock Goff 3,369,301.00 3,120,292.86 92,60% 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 60,348,249.44 90.40% RDA Project Area No. 2 32,773,493.00 31,085,015.28 94.60% Total $271.713,743.00 $163,405,428.97 60.10% 077 2 CITY OF LA QUINTA EXPENDITURES -ALL FUNDS FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT General Library 1,762,207.00 679,463.58 0.0) 1,082,743.42 386% Gas Tax 1,136,887.00 655.338,39 0,00 481,548.61 57.6% Federal Assistance 186.110.00 11.985,00 0.00 174,125.00 6.4% JAG Grant 0.00 0,00 0,00 000 0.0% Slesf(Caps) Revenue 123,078.00 0.00 000 123,078.00 0.0% IMian Gaming 214,826.00 165,100.30 O,W 59,725.70 72.2% Lighting B Landscaping 927,900.00 850,574.89 0.00 77,325.11 91.7% RCTC - 3.744,877.00 1,754,924.73 0.00 1,989,952.27 46.9% DevelopmentAgreement 000 0.00 0.00 0,00 0.0% CV Violent Crime Task Force 52,f00.00 31,167. t6 0.00 20,932.54 59.8% AS 939 60,188.00 8,513,16 0.00 51674.84 14.1% Quimby 9,062,261.00 79,684.85 000 8,982, 576,15 0.9% IMrestlucture 397,576.00 0.00 000 397,57600 0.0% Proposition IS 1,223,803,00 616,790.00 000 607,01300 50.4% South Coast Air Quality 93,60000 70.505.38 000 23.09462 75.3% Transportation 8,396,166,00 2,090,204.66 0,00 6,305,950.34 24.9% Parks B Rematon 37,500.00 22,882.66 0.00 14,617.34 61.0% Civic Center 434,014.00 331,404.29 0.00 102,60971 76.4% Library Development 48,75D.00 29,851,36 0.00 18,898.64 61.2% Community Center 0,00 0,00 0.00 0.00 0.0% Street Facility 2,484,563.00 8,165.00 0.00 2,476,398.00 03% Park Facility 0.00 0.00 0,00 0.00 0.0% Fire Protection 23,125,00 14,39631 0.00 8,728.29 62.3% Arts In Public Places 69G200.00 282,076.32 0.00 414.123,68 40.5% Interest Allocation 0,00 0.w 000 0.00 0.0% Capital Improvement 10g306,226.00 21,312,372,92 4,20000 82, 989,653. 08 204% Equipment Replacement 888,646.00 220,560.67 1D5,271.11 562,814.22 24.8% Information Technology 627,827.00 306,302.64 0.00 321.624.36 48.8% Pat Maintenance Facility 109,565.00 67,611 62 0.00 41,953.38 613% SllverRock Golf 4,325,095,00 3,758,901.24 0.00 566,19376 86.9% SilverRock Reserve 0,00 0,00 0,00 0,00 0.0% LQ Public Safety Officer 2,000.00 0.00 0.00 2,000.W 00% La Quints Financing Authority 6,612.24400 6,607,471.34 000 4.772.66 999% RDA Protect Area No. 1 104948,406.W 55,118.791,54 0.00 49,829,61445 52.5% RDA Project Area No, 2 46,066,95760 33,407,806.90 0.00 12,659,150.10 72.5% oa 078 s CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Statutory Tax Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTALTAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: 07/01/2008 - O5/3112009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,838,600.00 1,824,578.77 1,014,021.23 64.280% 3,654,125.00 3,654,751.35 (100,626.35) 102.830% 274,069.00 593,093.39 (319,024,39) 216.400% 6,029,400.00 4,267,831.80 1,761,56B.20 70,780% 2,202,600.00 2,299,577.64 (96.977.64) 104.400% 573,760.00 396,042.00 177,718.00 69.030% 5,320,000.00 3.592,961.87 1,727,038.13 67.540% 305,400.00 7,751.37 297,648.63 2.540% 1,687,400.00 1,220,082.18 467,317.82 72.310% 22,785,354.00 17.856.670.37 4,928,683.63 78.370% 279,200.00 256,419.00 22,781.00 91.840% 19.700.00 26,709.00 (7,009.00) 135.580% 248.451.00 301.367.00 (52,916.00) 121.300% 37,523.00 36,337.85 1.185.15 96.840% 21,18000 24,708.50 (3,524.50) 116.640% 24,383.00 40,660.53 (16,277.53) 166.760% 10,700.00 14,030.00 (3,330.00) 131.120% _ 70,939.00 88,680.09 (17741.09) 125.010% 712,060.00 788,911.97 (76,831.97) 110,790% Sale of Maps & Publications 2.100.00 3,291.54 (1,191.54) 156.740% Community Services Fees 329,414.00 329,613.37 (199.37) 100.060% Finance 250.00 743.34 (493.34) 297.340% Bldg & Safety Fees 265,971.00 241,289.45 24,681.55 90.720% Community Development Fees 70,000.00 75,784.70 (5,784.70) 108.260% Public Works Fees 401,200.00 384,591.60 16,608.40 95.860% TOTAL FEES 1.068,935.00 1,035,314.00 33,621.00 96.850% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3.942.100.00 3,887.672.62 54,427.38 98.620% Motor Vehicle Code Fines 94,500.00 105,534.71 (11,034.71) 111.680% Parking Violations 59,500.00 47.802.00 11.698.00 80.340% Misc. Fines 116,000.00 188,340.74 (72,340.74) 162.360% Federal Govt Grants 5,400.00 0.00 5,400.00 0.000% County of Riverside Grant 4,645,841.00 307,043.99 4,338.797.01 6.610% 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 7,959,708.70 6.751,758.30 54.110% INTEREST 4,037,478,00 3,396,944.24 640,533.76 84.140% MISCELLANEOUS Miscellaneous Revenue 10.900.00 22,720.93 (11,820.93) 208.450% A6939 92.300.00 84,639.83 7,660.17 91.700% 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 11.85 38.15 23.700% TOTAL MISCELLANEOUS 103,250.00 108,387.95 (5,137,95) 104.980% TRANSFERIN 405,959.00 190,287.86 215,671.14 46.870% TOTAL GENERAL FUND 43,824,523.00 31,336,225.09 12,488,297.91 71.500% n•., 079 (J 4 CITY OF LA GUINTA GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT GENERAL GOVERNMENT: CITY CLERK COMMUNITY SERVICES FINANCE: BUILDING &SAFETY: POLICE: COMMUNITY DEVELOPMENT PUBLIC WORKS: TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 07/01/2009 - 0513112009 ADJUSTED REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET LEGISLATIVE CITY MANAGER'S OFFICE 1,011,422.00 712,550.57 0,00 298,871.43 DEVELOPMENT SERVICES 501,503,00 2,463,637.00 442,333.% 2,066,748.93 0.00 0,00 59,169,34 39Q888.07 MANAGEMENT SERVICES 1618399.00 1431477.42 95 17741573 TOTAL GENERAL GOVERNMENT R, 11483.00 804,903.61 320,00 153259.39 TOTAL CITY CLERK . PARKS& RECREATION ADMINISTRATION 1311,611.00 902,116.07 0,00 409.494,93 SENIOR CENTER 417,102.00 363,697A4 0.00 53,404.86 PARKS & RECREATION PROGRAMS 206,779.00 186583.84 1,700.00 18,495.16 LIBRARY 1,432,296.00 796:178.22 0.00 636, 11738 MUSEUM 292,110. DO 139,743,46 0,00 152,366.54 PARK MAINTENANCE 1421,331.00 1236901.78 0.00 184429.22 TOTAL COMMUNITY SERVICES4:5 FISCAL SERVICES 1,025,0'2.00 886,295.08 0.00 138,756.92 CENTRAL SERVICES 402511.00 331316.47 0.00 71194.53 TOTAL FINANCE , BUILDING B SAFETY -ADMIN 436.816. D0 385,891.00 0.00 50,925.00 BUILDING 993,720.00 872,225,14 0,00 121,494.88 CODE COMPLIANCE 997,976.00 878,467.40 0,00 119,507,60 ANIMAL CONTROL 405,010.00 340.519.72 0.00 65,490.28 FIRE 5,070,384. 00 3,230,170. 84 87.250.00 1,752,963.16 EMERGENCY SERVICES 155,774.00 142, 86479 0.00 12,90921 CIVIC CENTER BUILDING -OPERATIONS 1260760.00 1,149529.18 0.00 1.. 230.82 TOTAL BUILDING & SAFETY . POLICE SERVICES 12,224,910.00 8,695,036.58 3,050.93 3,526.622.49 TOTAL PUBLIC SAFETY q COMMUNITY DEVELOPMENT -ADMIN 1,584,786.00 736,599.29 0.00 848,IW.71 CURRENT PLANNING 825086. DO 606761.90 0.00 21Q324.10 TOTAL COMMUNITY DEVELOPMENT 1 PUBLIC WORKS ADMINISTRATION 857 DEVELOPMENT & TRAFFIC 1,084 MAINT/OPERATIONS - STREETS 3,654 MAINT/OPERATIONS- LTGMNDSCAPING 2,071. MAINT/OPERATIONS- TRAFFIC 826. CONSTRUCTION MANAGEMENT 918. TOTAL PUBLIC WORKS9:4PL 5,915,975,00 10,074.56 218,751.62 0.00 131,253.23 0,00 2,343,019. 39 0.00 385,076,92 MB 1,386,290,95 0 DO 4,529,684.05 (5934349.00) (3,786,787.52) 000 (214756148) 46.212 889.00 30.790 887.92 1. 11 90134 15,310,099 74 080 5 CITY OF LA QUINTA 07/0112008 - 06/31/2009 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED 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 57.670% 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 70.9500A 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) 100,500.00 334.71 100.165.29 0.330% INDIAN GAMING Grant revenue 212.826.00 155,100.30 57,725.70 72.880% Interest 2.000.00 408.25 1,591.75 20.410% TOTAL INDIAN GAMING 214,826.00 155,508.55 59,317.45 72.390% LIGHTING S LANDSCAPING REVENUE: Assessment 927,900.00 902,434.79 25,465.21 97.260% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING 8 LANDSCAPING 927,900.00 902,434.79 25.465,21 97.260% 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 Contribution- Canyover 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 5,148.21 (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: AB 939 Fees 0.00 0.00 0.00 0.000% Interest 27,500.00 21.215.14 6284.86 77.150% TOTAL AB 939 QUIMBY 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 76,630% TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 0.00 0.000% Interest 6,000.00 5,936.16 63.84 96.940% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 6,000.00 5,936.16 63.84 98.940% PROPOSITION 1B Prop 18 Grant 1,218,713.00 607,825.00 610,888.00 49.870% Interest 5,090.00 5140.35 50.35) 100vuuw TOTAL PROPOSITION 1 B T;M3;8g3.U0-6TT965.351(S8'Jt'.65 5U09D o% .... 081 s 07101/2008 •05/3112009 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. 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% TOTAL SCAQ 120,400.00 89.227.03 31.172.97 74.110% TRANSPORTATION Developer fees 850,000.00 773,194.20 76.805.80 90.960% Interest 143.000.00 101,287.66 41.712.34 70.830% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 993,000,00 874.481.86 118,518.14 88.060% PARKS & RECREATION Developerfees 60.000.00 70.914.00 (10,914.00) 118.190% 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 70,914.00 (10 914,00) 118.190% CIVIC CENTER Developer fees 100,000,00 118,221.93 (18,221.93) 118.220% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 100,000.00 118,221.93 (18,221.93) 118,220% LIBRARY DEVELOPMENT Developerfees 30,000.00 33,021,07 (3,021.07) 110.070% 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 33,021.07 (3,021.07) 110.070% COMMUNITY CENTER Developer fees 5,000.00 5,886.00 (886.00) 117.720% Interest 30,000.00 16,830.36 13,169.64 56.100% TOTAL COMMUNITY CENTER 35,000.00 22,716.36 12,283.64 64.900% STREET FACILITY Developer fees 35,300.00 26.937.92 8,362.08 76.310% 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 31,852.45 8,447.55 79.040% PARK FACILITY Developer fees 2,000.00 1,746.00 254.00 87.300% Interest 2.000.00 1.467.00 533.00 73.350% TOTAL PARK FACILITY 4.000.00 3.213.00 767.00 80.330% FIRE PROTECTION FACILITY Developerfees 20.000.00 16,643.40 3,356.60 83.220% Interest 0.00 0.00 0.00 0,000% TOTAL FIRE PROTECTION FACILITY 20,000.00 16.643.40 3,356.60 83.220% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 110,000.00 105,198.27 4,801.73 95.630% 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 16,474.00 726.00 95.780% TOTAL ARTS IN PUBLIC PLACES 152,044.00 145,515.85 6,528.15 95.710% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 431,056.54 (431.056.54) 0.000% Transfer In 0,00 0.00 0.00 0,000% TOTAL INTEREST ALLOCATION 0.00 431,056.54 (431,056.54) 0.000% rr... 082 7 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 07101/2008 - 0513112009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,588,438.00 945,217.56 643.220.44 59.510% 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% 90,811.685.00 18.758,473.27 72,053.211.73 20 660% 104,306,226.00 21,312,372.92 82,993853.08 375.130% 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 15,610.95 (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 LQ 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 2,743,780.95 198,903.05 93,240% 103,104.00 73,606.89 29.497.11 71.390% 15,000.00 46,321.58 (31,321.58) 308.810% 0.00 2,925.00 (2,925.00) 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 3,120,292B6 249,008.14 92.610% 4,300.00 2.502.50 1.797.50 58.200% 67,086.00 0.00 67,086.00 0.000% 71,386.00 2,502.50 68,883.50 3.510% 2,000.00 2,000.00 0.00 100.000% 42&00 302.48 122.52 71.170% 2,425.00 2,302A8 122.52 94.950% CITY OF LA QUINTA OTHER CITY FUNDS 07/01/2008 - 08/31/2009 EXPENDITURE SUMMARY ADJUSTED BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET LIBRARY FUND INTERESTADVANCE CAPITAL PURCHASES 25, WD.00 19.393.65 O.W 5,606.35 REIMBURSE GENERAL FUND 6,500.00 1,73Q707.00 4,975.00 655,094.93 0.00 0.W 1.525.00 1,075,61207 TRANSFER OUT 0.00 0.00 0.00 TOTAL LIBRARY FUND GAS TAX CONTRACT SERVICES REIMBURSE GENERAL FUND 29,480.00 0.00 0,00 29,480.00 TRANSFER OUT 643,014.00 589,429.W 0.00 53,584.50 464393.W 655 O.W 3984B4.11 FEDERAL ASSISTANCE FUND: TOTAL GAS TAX FUND TRANSFER OUT 186110.00 11985.W 174125.00 TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OUT TOTALJAGGRANT 0.00 0.00 000 OW SLESF(COPS) TRANSFER OUT TOTAL SLESF(COPS) FUND 123.078.00 O.W 000 123078W INDIAN GAMING FUND TRANSFER OUT 214,826.00 155100.30 0.00 59,725.70 TOTAL INDIAN GAMING FUND LIGHTING 8 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND TRANSFER OUT 92],900.00 850,574.89 0.00 77,325.11 TOTAL LTG/LANDSCAPING FUND 0.W 0.00 0.W O.W RCTC TRANSFER OUT 3,744,877. 00 175492473 0.00 1,98995227 TOTAL RCTC 3744.877,0027 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 O.W 0.00 0,00 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES TRANSFER OUT 52,100.00 31,167,46 O.W 20,832.54 TOTAL CRIME VIOLENT TASK FORCE 0,00 0.00 0.00 O W AS 939 OPERATING EXPENSES 60,188.00 8,513,16 0,00 51,674,84 TRANSFER OUT 0 W 0.00 0,00 000 TOTAL AS 938 QUIMBY FUND: FEASIBILITY STUDY REIMBURSE DEVELOPER FEES 35,000.00 0,00 0.00 35.000.00 TRANSFER OUT 32,130.00 0.00 0.00 32.130.00 8,995,131.00 79 fi84.85 0,00 8,915,445. 15 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0,00 0,00 REIMBURSE GENERAL FUND 0,00 0.00 000 0.00 TRANSFER OUT ��. c1. - PROPOSITION IS-SB 1266 TRANSFER OUT TOTAL PROPOSITION 1 B FUND 1.223603.00 616.790.00 0.00 607,013 W SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 22,302,62 0.W 4,297.18 TRANSFER OUT 67.W000 . d8,202.56 O00018,7W.4d TOTAL SOUTH COAST AIR QUALITY TRANSPORTATION PROGRAM COSTS CONTRIBUTION 0,W O.W 0.00 D.W TRANSFER OUT 0,00 8396,155.00 0.00 2,090204.66 0.00 000 0,00 6305.950.34 TOTAL TRANSPORTATION PARKS S RECREATION INTEREST ON ADVANCE 37,500.00 22,882.66 D,W 14,617.34 TRANSFER OUT 0.00 0.00 0.00 000 TOTAL PARKS & RECREATION 37500,_ CIVIC CENTER SERVICES INTEREST ON ADVANCE 0.00 3,012.38 0.00 (3,012.38) REIMBURSE GENERAL FUND 231,25),00 202,764,00 142,524.91 185,86Z00 0,00 0.00 88,725,09 16,897,00 TRANSFER OUT O.W 0,00 000 0.00 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 000 0.00 0,00 0.00 INTEREST ON ADVANCE TRANSFER OUT 48.750.00 29,851.36 0.W 18,898,64 TOTAL LIBRARY DEVELOPMENT 0.00 48,750 0.W OW O.W CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY COMMUNITY CENTER PROGRAM COSTS TRANSFER OUT STREET FACILITY PROGRAM COSTS TRANSFER OUT PARK FACILITY PROGRAM COSTS TRANSFER OUT FIRE PROTECTION INTEREST ON ADVANCE TRANSFER OUT ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP OPERATING EXPENSES-APP ART PURCHASES TRANSFER OUT CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES PROJECT REIMBURSEMENTS TO GEN FUND TRANSFER OUT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES CAPITAL PURCHASES TRANSFER OUT INFORMATION TECHNOLOGY FUND OPERATING EXPENSES PARK MAINTENANCE FACILITY OPERATING EXPENSES CAPITAL PURCHASES TRANSFER OUT SILVERROCK GOLF OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF RESERVE TRANSFER OUT LA QUINTA PUBLIC SAFETY CONTRIBUTIONS ADJUSTED 0710112008-0510112009 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 0.00 0,00 0,00 0.00 )DO 000 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0,00 2,484 56800 8185.00 0.00 2 476 398.00 TOTAL STREET FACILITY 0,00 0.00 0.00 ODO 0.00 0.00 0.00 O.DO TOTAL PARK FACILITY V no 0.00 23,12500 14,3%,71 0.00 8,728.29 0.00 0.00 0,00 0.00 TOTAL FIRE PROTECTION DIF 30,000,00 6,474.34 0.00 23,52566 6,535,00 2,601,98 0.00 3,933.02 259,665DO 73,000DD 0.00 186.665,00 411000.00 200,000.00 000 200000.00 TOTAL ART IN PUBLIC PLACES 596 103298.761A0 21,110,51372 4.200A0 82,184,047.28 879,146.00 9,500.00 TOTAL 105,271.11 627,827.00 306,302.84 0.00 121124!524,11 36 TOTAL INFORMATION TECHNOLOGY FUND - 87,565.00 49,421,92 0.00 3B,143.08 22,000,00 18,18970 )CO 3, 810.30 0.00 0.00 0.00 0.00 TOTAL PARK MAINTENANCE FAG 4,258,009.00 3,758,90124 0.00 499,107.76 67 086.00 ODD 10000 67 086.00 TOTAL SILVERROCK GOLF 0.00 0.10 0.00 0,00 TOTAL SILVERROCK GOLF RESERVE am 000 TOTAL LA QUINTA PUBLIC SAFETY 2 000 D0 0.00 0.00 2.000.00 085 10 Attachment 2 0 O S 0 LL Z E E y 2 C m" m A 0 U O) N (O (O N M O N O Q V N a y N NN O O O) O I O l a 0 M M t 0 1 t W y > Oy O O O M a D r O)Of � 00)O) O]OD W TO) Ol a O)h OO<V pMm r m N O)OlaNO)OlmN�tO��M V i0 M�� O» Q o o�IQ000 wo0o a am000 orrv, 0 0 a 0 M u° nOM aui o 0 M M 0) C C m �j W O O O N N N N r d 01 y N00 Of t0 (O d'fV N V N M N M N J O O O O O O C 0 0 O O O O O O O O O O O O r< q O 0 0 0 0 0 0 0 0 0 0 M Oo 0000 00 000o rn 0 0 0 6 a a 0 O 0 0 0 0 0 0 0 0 0 0 o v a e v fO O 0 N N N N o p r M a ON ON1� NN�f)NO Mir no N N N N N O N N N N N N No U A _ A _ � N\ N (D 1� W N a a W Ol N T� 'G mmN(�rr'-`��OI(O(O zZ a F- z° m a c c 00 z � a a. p L E 0, O U c c d 0 F H U Y m m E E m E e-cO om N NN�TO N—_ j 2 d Y U U C C .m. N IMMN y m umi m m C n m C ° Eo�"a�oQ0 mmmmmmmmmmEwoO0, 'Fo0 N r r r r F FL H H F FL F U d U i J w a CL Co F 0 Qom' Q ^U aV Y _PA nU; m �tZ O O C ty� 4 1 4P Qa in raj COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Approval of an Appropriation to Close the Coachella Valley Violent Crime Task Force Fund and Transfer Remaining Funds to the City of Indio RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an appropriation of up to an estimated $158,900 to close the Coachella Valley Violent Crime Task Force fund, and transfer remaining funds to the City of Indio. FISCAL IMPLICATIONS: The funds being transferred are the result of grants, member city contributions, and interest earnings, net of program expenditures. The Fiscal Year 2009-2010 budget has an appropriation of $46,100, which anticipated the City of La Quinta paying the bills for the Task Force in Fiscal Year 2009-2010. Staff is requesting an additional appropriation of $158,900 (218-0000-290.00-00) from available fund balances for a total appropriation of $205,000 in Fiscal Year 2009-2010, which is the estimated amount to be transferred to the City of Indio. The actual amount of funds, and not the estimated amount, will be transferred if staff's recommendation is approved by the City Council. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: For the last three years, the City has served as the Treasurer and provided accounting services for the Task Force. Captain Vigue has informed staff that Chief Ramos of the City of Indio has been elected Chair of the Task Force and therefore the City of Indio 087 will assume these duties effective July 1, 2009. All remaining funds will be transferred to the City of Indio, who will take over the responsibilities of accounting for the task force on July 1, 2009. Additional tasks that will be performed before all remaining funds are transferred are as follows: (1) Interest earnings on pooled cash will be posted to the fund subsequent to the close of the quarter ending June 30, 2009, (2) all expenditures received by the City of La Quinta after June 30, 2009 will be processed for payment if they pertain to FY 2008/2009 and (3) staff will bill the County Probation Department for eligible grant reimbursements through June 30, 2009. The remaining funds will be transferred to the City of Indio. Once all funds have been transferred out, the Coachella Valley Violent Crime Task Force Fund will be closed. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve an appropriation of up to $158,900 to close the Coachella Valley Violent Crime Task Force fund, and transfer remaining funds to the City of Indio; or 2. Do no approve an appropriation of up to $158,900 to close the Coachella Valley Violent Crime Task Force fund, and transfer remaining funds to the City of Indio; or 3. Provide staff with alternative direction. Respectfully submitted, N-M- i 41�� John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager !ii COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 32070, Codorniz, RJT Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: U �V r111IT&I *14OWS 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 December 30, 2009 for Tract Map No. 32070, Codorniz, RJT Homes, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Codorniz (Tract Map No. 32070) is located on the southeast corner of Avenue 52 and Jefferson Street (Attachment 1). On November 3, 2005, the City and RJT Homes, LLC entered into an SIA for Codorniz. 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 �•.: 089 changes in standards or conditions affecting or affected by the Improvements. " On April 17, 2007, the City Council adopted a Resolution granting a time extension for the completion of the off -site improvements as specified in the approved SIA to December 31, 2007. On April 1, 2008, the City Council adopted a Resolution granting a second time extension for the completion of the off -site improvements as specified in the approved SIA to May 30, 2008. On January 20, 2009, the City Council adopted a Resolution granting a third time extension for the completion of the off -site improvements as specified in the approved SIA to April 30, 2009. In a letter dated July 14, 2009 (Attachment 2), the developer requested a time extension to December 30, 2009 to complete the remaining sidewalk and landscape improvements on Avenue 52. The improvements on Jefferson Street are complete. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the SIA for the off -site improvements. 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 December 30, 2009 for Tract Map No. 32070, Codorniz; 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 December 30, 2009 for Tract Map No. 32070, Codorniz; or 3. Provide staff with alternative direction. Respectfully submitted, � Tim thy R. Jonasson, P.E. Public Works Director/City Engineer 090 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from RJT Homes, LLC dated.July"14, 2009 091 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 DECEMBER 30, 2009 FOR TRACT MAP NO. 32070, CODORNIZ. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32070, Codorniz, on November 3, 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 April 30, 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 December 30, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 30, 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. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. »••• 092 Resolution No. 2009- Tract Map No. 32070, Codorniz Adopted: July 21, 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 21't day of July 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 093 0 TM 32070 CODORNIZ ATTACHMENT 1 SITE 641h AVB6E VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: July 21, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 32070, Codorniz APPLICANT: Mr. Chad Meyer, RJT Homes, LLC 094 ATTACHMENT 2 RJT Homes-Codorniz, LLC ; 0 ,e July 14, 2009 Timothy R. Jonasson, P.E. 78-495 Calle Tampico La Quinta, CA 92253 RE: Tract 32070 Mr. Jonasson, RJT respectfully requests a time extension for the Off -Site Subdivision Improvement Agreement. A declining economy and consequently a lack of sales have put a financial strain on Codorniz at this time. The remaining landscape and sidewalk improvements on Ave 52 are expected to be complete by Late 2009. RJT and its employees remain committed to a clean, safe and viable project. Thank you for yqucgontinuing patience on this matter. Chad Meyer Project Manager .... ."' 095 P.O. Box 810, La Quints, CA 92247 (760) 564-6555 FAX (760) 564-6505 Titf 4 4 a" COUNCIL/RDA MEETING DATE: July 21, 2009 AGENDA CATEGORY: ITEM TITLE: Acceptance of On -Site Improvements BUSINESS SESSION: Associated with Tract Map No. 29457-4, Rancho La CONSENT CALENDAR: Quinta, T.D. Desert Development, L.P. STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept on -site improvements associated with Tract Map No. 29457-4, Rancho La Quinta, T.D. Desert Development, L.P. and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29457-4, Rancho La Quinta, T.D. Desert Development, L.P., is located within the Rancho La Quinta development north of Avenue 50 and east of Washington Street (Attachment 1). All obligations of the Subdivision Improvement Agreement (SIA) have been satisfied. Attachment 2 indicates the amount of warranty security. 096 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 29457- 4, Rancho La Quinta, T.D. Desert Development, L.P. and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 29457-4, Rancho La Quinta, T.D. Desert Development, L.P. and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, Jm othy. oblic Wo Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 097 ATTACHMENT 1 TM 29457-4 RANCHO LA QUINTA SE VICINITI NOT TO SCALE CITY COUNCIL MEETING: July 21, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 29457-4, Rancho La Quinta APPLICANT: Mr. Nolan Sparks, T.D. Desert Development, L.P. W ATTACHMENT 2 WARRANTY SECURITY TM 29457-4 Development Name: Rancho La Quinta ON -SITE IMPROVEMENTS Performance Security' Improvement Description Labor& Materialsz Original Amount Proposed Reduction WARRANTY AMOUNT Rough Grading/ PM 10/ SWPPP $157 750 $157 750 90% $15 775 Street $63,490 $63 490 90% $6 349 Storm Drain $30 100 $30100 90% $3 010 Domestic Water $20 740 $20 740 90% $2 074 Sewer $24,675 $24,675 90% $2,468 Dru Utilities $24,500 $24,500 90% $2,450 Monumentation $0 $7,500 100% $0 Standard 10% Contingency $32,126 $32,876 100% $0 Professional Fees, Design 10% $35,338 $36,163 100% $0 Professional Fees, Construction 10% $35,338 $36,163 100% $0 Totals $424,057 $433,957 $32,126 ' Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 30185, Rancho La Quinta, T.D. Desert Development, L.P. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 30185, Rancho La Quinta, T.D. Desert Development, L.P. and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30185, Rancho La Quinta, T.D. Desert Development, L.P., is located within the Rancho La Quinta development north of Avenue 50 and east of Washington Street (Attachment 1). All obligations of the Subdivision Improvement Agreement have been satisfied. Attachment 2 indicates the amount of warranty security. ,... 100 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 30185, Rancho La Quinta, T.D. Desert Development, L.P. and authorize staff to release performance securities. Direct staff to release labor & materials securities 90 and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 30185, Rancho La Quinta, T.D. Desert Development, L.P. and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction: Respectfully submitted, 4imothy R. Jon s on, P.E. Public Wo s D ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 101 ATTACHMENT 1 TM 30185 RANCHO LA QUINTA VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: July 21, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 30185, Rancho La Quinta APPLICANT: Mr. Nolan Sparks, T.D. Desert Development, L.P. 102 ATTACHMENT 2 WARRANTY SECURITY TM 30185 Development Name: Rancho La Quinta ON -SITE IMPROVEMENTS Performance Security' Im rovementDescri lion Original Amount Proposed Reduction WARRANTY AMOUNTS Grading $32000 90% $3 200 Storm Drain F$32OOO $18 900 90% $1 890 Sewerlm rovements $19230 90% $1923 WaterIm rovements $17650 90% $1 765 Perimeter Wall $13,050 90% $1,305 Dry Utilities $17,500 $17,500 90% $1,750 Monumentation $0 $5,000 100% $0 Standard 10% Contingency $11,833 $12,333 100% $0 Professional Fees, Design 10% $13,016 $13,566 100% $0 Professional Fees, Construction 10% $13,016 $13,566 100% $0 Totals $156,195 $162,795 $11,833 Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. 103 �a� Q•c J' �lavanm COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Approval of Second Reading and Adoption of Ordinance No. 472 Amending Title 9, Zoning, of the La Quinta Municipal Code Relating to Used Vehicle Sales Within the Regional Commercial Zoning District, to Establish Design and Development Criteria, and Remove Text Regarding Automotive Uses Provision in a Portion of the Non -Residential Table of Permitted Uses (9.80.040) RECOMMENDATION: Adopt Ordinance No. 472 on second reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On July 7, 2009, the City Council moved to take up Ordinance No. 472 by title and number only and waive further reading. The City Council further moved to introduce Ordinance No. 472 on first reading. The motion to introduce Ordinance No. 472 carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None 104 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt Ordinance No. 472 on second reading. 2. Do not adopt Ordinance No. 472 on second reading; or 3. Provide staff with alternative direction. submitted, VERONICA J/,MONTECINO, CMC, City Clerk Approved for submission by: V)4-� THOMAS P. GENOVESE, City Manager 105 ORDINANCE NO. 472 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1) TO PERMIT USED VEHICLE SALES NOT ASSOCIATED WITH A NEW VEHICLE SALES FACILITY WITHIN THE REGIONAL COMMERCIAL ZONING DISTRICT WITH APPROVAL OF A CONDITIONAL USE PERMIT (9.80.040), 2) TO ESTABLISH PROVISIONS FOR THE DEVELOPMENT OF USED CAR SALES FACILITIES (9.100.300), AND 3) DELETION OF ERRONEOUS TEXT IDENTIFIED WITH THE AUTOMOTIVE USES PORTION OF THE NOW RESIDENTIAL TABLE OF PERMITTED USES (9.80.040) WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Zoning Ordinance; and WHEREAS, the City has, from time to time, made amendments to the Zoning Ordinance to address similar changes in circumstances; and WHEREAS, the City finds that the allowance of used car sales in regional commercial zones of the City, subject to a conditional use permit, is desirable; and WHEREAS, automobile sales and service related uses are identified in the La Quinta General Plan as an appropriate land use in the Regional Commercial land use designation; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the gth of June, 2009, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to 1) Permit used vehicle sales not associated with a new vehicle sales facility within the Regional Commercial Zoning District with approval of a Conditional Use Permit (9.80.040), 2) to establish provisions for the development of used car sales facilities (9.100.300), and 3) delete erroneous text identified with the automotive uses portion of the non-residential table of permitted uses (9.80.040); and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 7" day of July, 2009, and considered the evidence, written and oral, presented at the hearing. 106 Ordinance No. 472 Title 9, Zoning Code Amendment Sections 9.80.040 and 9.100.300 Adopted: July 21, 2009 Page 2 NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" and "B," on file in the Planning Department. SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby finds that this Ordinance is consistent with the La Quinta General Plan, which authorizes automobile sales in the Regional Commercial District and does not prohibit used automobile sales. SECTION 3. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(13)(3), Review for Exemptions of the CEQA Guidelines. SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 6. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 7. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. 107 Ordinance No. 472 Title 9, Zoning Code Amendment Sections 9.80.040 and 9.100.300 Adopted: July 21, 2009 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 215S day of July, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA MONTECINO, 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 108 Ordinance No. 472 Title 9, Zoning Code Amendment Sections 9.80.040 and 9.100.300 Adopted: July 21, 2009 Page 4 EXHIBIT A 9.80.040 Table of permitted uses, Automotive Uses Table 9-5 Permitted Uses In Nonresidential Districts P = Principal use District Regional Commercial Community Neighbor- Tourist Office Major A = Accessory use hood Commercial Park Commercial Commercial Commercial Community C = Conditional use permit Commercial Facilities M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CP CC CN CT CO MC Automotive Uses (Subject to Section 9.100.120, Outdoor storage and display) * if part of a mixed use pFejee Used vehicle sales, not X C C X X X X X associated with a new vehicle sales facility, as per Section 9.100.300 109 Ordinance No. 472 Title 9, Zoning Code Amendment Sections 9.80.040 and 9.100.300 Adopted: July 21, 2009 Page 5 EXHIBIT B 9.100.300 Used Vehicle Sales Not Associated with a New Vehicle Sales Facility A. Use Permit Required. Used vehicle sales not associated with a new vehicle sales facility may be permitted in the CR district subject to approval of a conditional use permit when consistent with a Specific Plan. Used vehicle sales facilities are subject to the use and design standards herein. B. Signs. Used vehicle sales facility signage shall be approved through a sign program in accord with Section 9.160.090. Balloons, streamers, spinning or animated signs and devices, strobe lights, spotlights, lasers, and inflatable devices shall be prohibited. C. Hazardous Materials. All used vehicle sales facilities shall comply with the requirements of Section 9.100.230 pertaining to hazardous materials, underground storage tanks, product lines, dispensing equipment, etc. D. Standards for Used Vehicle Sales Facilities. 1. Types of Used Vehicles Defined. Permitted principal use shall consist of the sale of used motorized vehicles to include motorcycles, cars, trucks, and commercial vehicles. 2. Accessory Uses. Permitted accessory uses shall include: vehicle service and repair, sales and installation of automotive parts, electronics, and accessories, car washing, and auto detailing. All accessory uses must be specifically included in the conditional use permit approval. 3. Screening. A block wall of at least six feet in height and a 20 foot wide landscaping buffer shall be installed along all site boundaries which abut residentially zoned properties. All screening shall comply with the height standards in Section 9.100.030 (Walls and Fences). 4. Storage and Display. All retail, service, repair, and storage uses shall occur wholly within an enclosed building and in a specific location designated in the approved conditional use permit. Focal display areas elevated more than one foot above the average finish grade of the overall outdoor parking lot or display area shall be prohibited. Hoods, trunks, and doors of all vehicles displayed outdoors shall remain closed at all times. Vehicles must be parked on a paved surface and are prohibited from being displayed from sidewalks or within landscaped areas. 110 Ordinance No. 472 Title 9, Zoning Code Amendment Sections 9.80.040 and 9.100.300 Adopted: July 21, 2009 Page 6 5. Orientation of Service Bays. Service bays and garage doors shall not be visible from perimeter arterial streets. 6. Property Standards. Used vehicle sales facilities shall not be permitted on parcels less than four acres in size. 7. Outdoor Speakers. The use of outdoor loudspeakers and intercoms shall be prohibited on projects located within 300 feet of existing residences. In all other instances, outdoor loudspeakers and intercoms shall be subject to the provisions of Section 9.100.210 (Noise Control). Ordinance No. 472 Title 9, Zoning Code Amendment Sections 9.80.040 and 9.100.300 Adopted: July 21, 2009 Page 7 STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE 1 ss. CITY OF LA QUINTA 1 I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 472 which was introduced at a regular meeting on the 71n day of July, 2009, and was adopted at a regular meeting held on the 21" day of July 2009, not being less than five days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California 112 • � I COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Acceptance of an Irrevocable Offer to Dedicate Easement for Roadway Purposes, Declaration of Restrictions, and Agreement along Fred Waring Drive and Jefferson Street by Regency Marinita — La Quinta, LLC, a Delaware limited liability company RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: q STUDY SESSION: PUBLIC HEARING: Accept an irrevocable offer to Dedicate Easement for Roadway Purposes, Declaration of Restrictions, and Agreement along Fred Waring Drive and Jefferson Street by Regency Marinita — La Quinta, LLC, a Delaware limited liability company and authorize the City Manager to sign the certificate of acceptance for the same. FISCAL IMPLICATIONS: None. RTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Regency Marinita — La Quinta, LLC, a Delaware limited liability company proposes to develop the property located at the southwest corner of the intersection of Fred Waring Drive and Jefferson Street (Attachment 1 ) per City Council Resolution 2006- 1 13. This is the Jefferson Square commercial project. One of the conditions of approval for the development was to dedicate the right-of- way and widen the property frontage along Jefferson Street and Fred Waring Drive to general plan requirements. Attachment 2 irrevocably dedicates this roadway easement. 113 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include 1. Accept an irrevocable offer to dedicate easement for roadway purposes, declaration of restrictions, and agreement along Fred, Waring Drive and Jefferson Street by Regency Marinita - La Quinta, LLC, a Delaware limited liability company and authorize the City Manager to sign the certificate of acceptance for the same; or 2. Do not accept an irrevocable offer to dedicate easement for roadway purposes, declaration of restrictions, and agreement along Fred Waring Drive and Jefferson Street by Regency Marinita - La Quinta, LLC, a Delaware limited liability company.; or 3. Provide staff with alternative direction. Respectfully submitted, Timothf R. Jonasson . Public Works Director/City Engineer Approved for submission by: rlyl, a -� / � �/Z� � - Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Grant of Easement 114 ATTACHMENT 1 VICHTY MAP NOT 'TO SCALE REQUESTED BY AND RETURN TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk ATTACHMENT 2 (Space Above For Recorder's Use) This Irrevocable Offer to Dedicate Easement for Roadway Purposes, Declaration of Restrictions, And Agreement is recorded at the request and for the benefit of the City of La Quinta and is exempt from the payment of a recording fee pursuant to Government Code Section 6103. THIS IRREVOCABLE OFFER TO DEDICATE EASEMENT FOR ROADWAY PURPOSES, DECLARATION OF RESTRICTIONS, AND AGREEMENT (hereinafter referred to as the "Agreement") is made this 27th day of April, 2009, by REGENCY MARINITA — LA QUINTA, LLC, a Delaware limited liability company (hereinafter referred to as the "Grantor"). RECITALS A. WHEREAS, Grantor is the legal owner of a fee interest of certain real property located in the County of Riverside, State of California, and described in the attached Exhibit A (incorporated by reference herein) and commonly referred to as Jefferson Square, La Quinta, California (hereinafter referred to as the "Property"); and B. WHEREAS, on May 6, 2008, the City of La Quinta ("City") approved Site Development Permit No. 2607-898 (hereinafter referred to as the "Permit") by Resolution No. 2008-034;and C. WHEREAS, Condition Numbers 6, 7 and 8 of the Permit require Grantor to provide City with an irrevocable offer of dedication for a certain portion of the Property for public street right-of-way and related improvements, which property is described as Parcels 1, 2 and 3 on Exhibit B; and D. WHEREAS, Grantor accepts the legal validity of Condition Numbers 6, 7 and 8. COVENANTS NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, Grantor and City agree as follows: 21561015610.0002 116 101619801 a06125/09 ��'• 1. DESCRIPTION OF EASEMENT AREA. Grantor irrevocably offers for dedication an easement for public roadway purposes to the City on the property as described as Parcels 1, 2 and 3 on Exhibit B attached hereto and incorporated herein by reference, which area so described shall be referred to herein as the "Easement Area." The locations of Parcels 1, 2 and 3 of the Easement Area are each depicted on Exhibit C attached hereto and incorporated herein by this reference. 2. PURPOSE. The easement is for public roadway purposes and ancillary uses. 3. DECLARATION OF RESTRICTIONS. This offer to dedicate shall not be used or construed to allow anyone, prior to acceptance of the offer to dedicate, to obtain any rights of public access over the Easement Area. After acceptance, Grantor shall not interfere with the public's use of the Easement Area nor take any action inconsistent with such use providing such use is consistent with the purposes established herein. Grantor shall retain all normal rights and incidents of ownership of the underlying fee interest in the Property not inconsistent with the Easement. Grantor shall not be bound to undertake any supervision or maintenance of the Easement Area to provide for the public purposes hereunder. Grantor shall be responsible for any hazardous materials or contaminants located in the Easement Area prior to acceptance of the Easement Area by the City. 4. DURATION ACCEPTANCE AND TRANSFERABILITY. This irrevocable offer of dedication shall be binding upon the owner and the heirs, assigns or successors in interest to the Property described above in perpetuity and shall not expire. The City may accept the offers to dedicate for public roadway purposes and ancillary uses the Easement Area being dedicated above either jointly or separately, which acceptance shall be evidenced by recordation of an instrument duly executed by the City. Upon such recordation of acceptance, this Agreement and terms, conditions and restrictions shall have the effect of a grant of a public roadway easement in gross and perpetuity that shall run with the land and be binding on the heirs, assigns and successors of the Grantor in the manner provided for herein. 5. REMEDIES. The Grantor and the City may pursue all equitable remedies to enforce the terms, conditions and restrictions of the Agreement and easement and their respective interest in the Property. In the event of a breach., any forbearance on the part of any such party to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 6. TAXES AND ASSESSMENTS. This Agreement, easement and restrictions shall be deemed to constitute a servitude upon and burden to the Property within the meaning of Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded property. 7. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions, obligations and reservations contained in this Offer shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and the City, whether voluntary or involuntary. 8. SEVERABILITY. If any provision of this Agreement is held to be invalid, or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. 21561015610-0002 101619801 e06R5M — — ,•.• . 1 1 7 Executed this day of 2009, at , California. "Grantor" REGENCY MARINITA-LA QUINTA, LLC, a Delaware limited liability company By: Regency Realty Group, Inc., a Florida corporation, its managing member. By:_ Name: "City" CITY OF LA QUINTA, a Califomia municipal corporation and charter city La Thomas P. Genovese City Manager Attest: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 2156/015610,0002 -3_ ,.,.... 11 1016198.01 a0625/09 STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on'the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature 2156/015610-0002 -4- 119 1016198 01 a0625/09 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY. SAID PROPERTY IS ALSO SHOWN ON RECORD OF SURVEYON FILE IN BOOK 8, PAGE 8 OF RECORDS OF SURVEY, RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE ALONG THE NORTH SECTION LINE OF SECTION 20, SOUTH 8902848" WEST, 80.25 FEET; THENCE SOUTH 00°31'12" EAST, 55.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RUNNING PARALLEL TO AND 55.00 FEET SOUTH OF THE NORTH OF SECTION 20, SOUTH 89°28'48" WEST, 551.92 FEET; THENCE SOUTH 00-20-20" EAST, 814.54 FEET; THENCE NORTH 89131136" EAST, 577.00 FEET, TO A POINT 55.00 FEET WEST OF THE EAST LINE OF SECTION 20, NORTH 00°20'20" WEST, 789.93 FEET, TO THE BEGINNING OF A TANGENT 25.00' RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90-10-52", A DISTANCE OF 39.35 FEET TO THE TRUE POINT OF BEGINNING. 21561015610-0002 _5. 101619801 a062Y09 + 2 O 'u1 ... EXHIBIT B LEGAL DESCRIPTION OF EASEMENT AREA 21561015610-0002 _ L 1016198 01 a060109 _6 n„ 1 EXHIBIT "B" LEGAL DESCRIPTION "RIGHT OF WAY DEDICATION" IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF THE LAND DESCRIBED IN THE DOCUMENT ENTITLED "GRANT DEED" RECORDED JULY 1, 2004 AS INSTRUMENT NO. 2004- 0512326, OFFICIAL RECORDS, IN THE -OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELI: BEGINNING AT THE NORTHWEST CORNER OF SAID LAND; THENCE, ALONG THE WESTERLY LINE OF SAID LAND, SOUTH 0020'07° EAST, 6.00 FEET; THENCE, LEAVING SAID WESTERLY LINE, HE FOLLOWING ELEVEN (11) COURSES: 1. NORTH 8929'01" EAST, 5.65 FEET; 2. SOUTH 30038' 36" EAST, 16.76 FEET; 3. NORTH 89"29'01" EAST, 27.33 FEET; 4. SOUTH 00°19'55" EAST, 4.00 FEET; 5. NORTH 8929'01" EAST, 32.11 FEET; 6. NORTH 47908'40" EAST, 18.56 FEET; 7. NORTH 8929-01" EAST, 137.07 FEET; 8. SOUTH 44053'59" EAST, 20.99 FEET; 9. NORTH 8929'01" EAST, 59.88 FEET; 10. NORTH 43°52'01 EAST, 20.99 FEET, 11. NORTH 8929'01' EAST, 187.66 FEET TO THE MOST WESTERLY LINE OF THE EXISTING RIGHT OF WAY AS DESCRIBED IN THE DOCUMENT ENTITLED "GRANT OF EASEMENT' RECORDED DECEMBER 20, 2004 AS INSTRUMENT NO. 2004-1006778. OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG SAID MOST WESTERLY LINE, NORTH 00"30'59" WEST, 11.00 FEET TO OF DSAID NORT ERLYHLINE, SOU HL 89 219'0V WEST, 480,93DFEET TOETHELONG POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 7,101 SQUARE FEET, MORE OR LESS. 21561015610-0002 10160801 0625W Page 1 of 3 _7- u... 122 EXHIBIT "B" LEGAL DESCRIPTION "RIGHT OF WAY DEDICATION" PARCEL 2: BEGINNING AT THE NORTHWEST CORNER OF THE EXISTING RIGHT OF WAY AS DESCRIBED IN THE DOCUMENT ENTITLED 'GRANT OF EASEMENT" RECORDED DECEMBER 20, 2004 AS INSTRUMENT NO. 2004-1006778, OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG THE MOST WESTERLY LINE OF SAID EXISTING RIGHT OF WAY, SOUTH 00030'59" EAST, 14.00 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY, NORTH 89"29'01" EAST, 60.00 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY, SOUTH 45°2627" EAST, 36.65 FEET; THENCE SOUTH 00019'55" EAST, 35.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID WESTERLY LINE, SOUTH 00"19'55" EAST, 211.54 FEET; THENCE, LEAVING SAID WESTERLY LINE, THE FOLLOWING SIX (6) COURSES: 1. NORTH 44°49'37" WEST, 22.73 FEET; 2. SOUTH 8904VO50 WEST, 12,07 FEET; 3. NORTH 00019'65" WEST, 53.01 FEET; 4. NORTH 41'24'51" EAST, 24.03 FEET; 5. NORTH 00°19'55" WEST, 101.46 FEET; 6. NORTH 27017'10" EAST, 25.89 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3,327 SQUARE FEET, MORE OR LESS - PARCEL 3: BEGINNING AT THE SOUTHWEST CORNER OF THE EXISTING RIGHT OF WAY AS DESCRIBED IN THE DOCUMENT ENTITLED "GRANT OF EASEMENT" RECORDED DECEMBER 20, 2004 AS INSTRUMENT NO. 2004-1006778, OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG THE WESTERLY LINE OF SAID EXISTING RIGHT OF WAY, NORTH 00°1955" WEST, 118.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID WESTERLY LINE, THE FOLLOWING TWO (2) COURSES: 1. NORTH 00019'55" WEST, 116.08 FEET; 2. NORTH 01"2819" WEST, 212.94 FEET; THENCE, LEAVING SAID WESTERLY LINE, THE FOLLOWING SIX (6) COURSES: 1. SOUTH 18°14'01" WEST, 32.74 FEET; 2. SOUTH 01019'09" EAST, 209.04 FEET; 3. SOUTH 42"47'19" WEST, 24.76 FEET; Page 2 of 3 2156/015610-0002 101619801 aW25/09 "- 123 EXHIBIT "B" LEGAL DESCRIPTION "RIGHT OF WAY DEDICATION" 4. SOUTH 00019'56" EAST, 53.98 FEET; 5. NORTH 89'40'05" EAST, 10.74 FEET; S. SOUTH 45057'14* EAST, 24.14 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 4,543 SQUARE FEET, MORE OR LESS. THE ABOVE LEGAL DESCRIPTIONS ARE MORE PARTICULARLY SHOWN ON EXHIBIT'C', ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, RESTRICTIONS, CONDITIONS, RESERVATIONS, RIGHTS -OF -WAY, AND EASEMENTS OF RECORD, IF ANY. THESE DESCRIPTIONS WERE PREPARED BY ME, OR UNDER MY DIRECTION, IN OONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. 6/30110 DATE PREPARED: APRIL 3, 2009 Page 3 of 3 PL5 e704 EV 6/30/10 2156/015610-0002 _9_�•.• 124 1016198 01 a06/25/09 EXHIBIT C MAP SHOWING EASEMENT AREA 21561015610-0002 1016198.01 a06R5109 •• 12 5 EXHIBIT "C" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" SEC. 20, T.5S., R.7E., S.B.M. FRED WARING DRIVE PARCEL T J EXISTING RIGHT OF WAY SEE SHEET 2 INST. NO. 204-1006778 REC. 12/20/04 O.R. LEGEND BOUNDARY LINE DEDICATION LIMITS -- EXISTING RIGHT OF WAY -- — ADJACENT LOT LINE EXHIBIT "C" RIGHT OF WAY DEDICATION CITY OF LA QUINTA, CALIFORNIA 21561015610-0002 1016199.01 206R5/09 PAR SEE SH CEL EET 55' S T : I INST. tIG. 20G4-05l2326 �I REC. 7 1 04 O.R. 10- N PARCEL 3 I N SEE SHEET 4 EXITING RIGHT OF WAY INST• NO. 2 04-1006778 / II 55, I REC. 12/20/04 O.R. 1"=150' SHEET 1 OF 4 NI I.IInNir 1A4Ib. M „4Y r4 e,MY nNl kr" mnlN.wl 126 EXHIBIT "C" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" SEC. 20, T.5S., R.7E., S.B.M. FRED WARING DRIVE — ck— — -------- i` — — -,/� PO.& PARCEL 1 N'LY LINE OF LAND NW CORNER OF LAND DESCRIBED IN n DESCRIBED IN INST. NO. 2004-0512326 P.O.B. PARCEL INST. NM 2004-0512326 REC. 7/1/04 O.R. SEE SHEET RM 7/1/04 O.R. WILY LINE OF LAND DESCRIBED IN INST. NO. 2004-0512326 REC. 7/1/04 O.R. LEGEND BOUNDARY LINE DEDICATION UMITS — — — ^ - EXISTING RIGHT OF WAY -- ADJACENT LOT UNE uv V PARCEL 1 ~F 16-1 N89'29'01"E 59.66' N89'29'01'E EXISTING RIGHT OF WAY DESCRIBED IN INST. N0. 2004-1006778 REC. 12/20/04 O.R. INST:. NO. 2004-•0512326 REC. 7/1/04 O.R. LINE TABLE BEARING LENGTH SOOK00 E 5.NO '29'01"E 5.65' S30' '36"E 1 N89RB'0 'E 27. ' FUNE S00'1956 E 4.00' N47 40-E 1 SO' S4453'59'E 0.99N43'S 1'E 20.9N00'30'59'W 1.00' EXHIBIT "C" RIGHT OF WAY DEDICATION CITY OF LA OUINTA, CALIFORNIA N I SCALE: 1"=50' I.ni. ann, Ir m i IY.IJ.n" IIIN 2156/015610-0002 _ I Z_ y ^ —a 1016198.01 a0625/09 •• 1 L '1 EXHI8IT "C" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" SEC. 20, T.5S., R.7E., S.B.M. - --Q- FRED WARING DRIVE G� ROAL PARCEL 2 NW CORINER Of PARCEL 1 EXISTING RIGHT OF WAY Ski SHEET 189'29'01-E 'EXISTING RIGHT OF WAY v DESCRIBED IN v INST. NO. 2004-1006778 " .REC. 12/20/04 O.R. 1 INST. NO. 2004 051?_32.6 REC. 7/1/04 O.R. LINE TABLE LINE BEARING I LENGTH Lit S00' 59'E 14. L12 ' 7' 36.65' L13 N44' '37"W 22.73' 54 89.40' -W 12.OT. Li3 N41'24'S1' 24.OY Lib N TiT10'E 25.89' LEGEND BOUNDARY LINE DmICATICN LIMITS — — — - EXISTING RIGHT OF WAY ADJACENT LOT LINE 3 r z z EXISTING RIGHT OF WAY DESCRIBED IN INST. NO. 2004-1006778 REC. 12/20/04 O.R. EXHIBIT "C" RIGHT OF WAY DEDICATION CITY OF LA OUINTA, CALIFORNIA 55 T.P.O.S. PARCEL 2 10.00' 1 65.00' --i O I 10.00' I 65.00' --y 55' I I i I I SCALE: 1 "=50' mn. xq ro, m IF�[,FnY 14M 21561015610-0002 -13- 101619801 a06/25/09 ..... 128 EXHIBIT "C" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A" SEC. 20, 15S., R.7E„ S.B.M. LINE TABLE LINE BEARING- LENGTH 32.'7S4W LIai t .74' S7'E 34J4 INST. NO. 2004-051232.E REC. 7 L/04 O.R. T.P.U. PARCEL 3 EXISTING RIGHT OF WAY DESGRIBED IN INST. NO. 2004-1006778 REC. T2/20/04 O.R. LEGEND BOUNDARY LINE DEDICA71ON LIMITS ------ EXISTING RIGHT OF WAY ..-- — ADJACENT LOT LINE EXHIBIT "C" RIGHT OF WAY DEDICATION CITY OF LA OUINTA, CALIFORNIA -4 *IARIES VARIES c i I VARIES VARIES I 8 I 56 5.00' 60.00, PD.& PARCEL' 3 Ik- Sw CORNER of EX15 M RIGHT OF WAY SCALE: I'=6O' c. n gym, U. ", Uu•nn 2156/015610-0002 _ 14- 1016198.01 e0625/09 129 `r'w,a of.CPQumro AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 21, 2009 BUSINESS SESSION: CONSENT CALENDAR: /0 ITEM TITLE: Approval of a Cooperative Agreement with the City of Indio for the Design and STUDY SESSION: Construction of the Coachella Canal at Madison PUBLIC HEARING: Street and Avenue 50 RECOMMENDATION: Approve the Cooperative Agreement, between the Cities of La Quinta and Indio, for the design and construction of the Coachella Canal at Madison Street and authorize the Mayor to execute the agreement in a final form and content acceptable to the City Attorney and City Manager. FISCAL IMPLICATIONS: The City of Indio is serving as "Lead Agency" for this jointly funded regional improvement. The Coachella Valley Association of Governments (CVAG) has agreed to provide up to 75% of the project costs, with the cities of La Quinta and Indio equally sharing the remaining 25%. The project cost is estimated to be $2,559,535. The City of La Quinta's 12.5% share is estimated at $319,942. On April 21, 2009 the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). The Avenue 50 Bridge Improvements spanning the Coachella branch of the All American Canal is included within the adopted CIP and programmed to receive up to $350,000 of Transportation DIF Funding during Fiscal Year 2009-2010. By approving the attached Cooperative Agreement (Attachment 1), the City of La Quinta agrees to deposit the amount of $319,942 which represents the City's cost share of engineering, construction, construction engineering and administration for the Avenue 50 Bridge spanning the Coachella branch of the All American Canal. The payment schedule is: 1) $200,000 upon execution of the agreement and 2) $119,942 upon the start of construction estimated to be October 1, 2009. 130 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Avenue 50 Bridge Improvements spanning the Coachella branch of the All American Canal is listed as an approved regional arterial improvement. The City of Indio has been designated the "Lead Agency" by CVAG to cause the construction of the improvement. CVAG has also agreed to fund its customary 75% of the total project costs. The project is located equally in both the cities of La Quinta and Indio. As such, the cities are required to equally fund the 25% local share. Attached for the City Council's consideration (Attachment 1) is the Cooperative Agreement for the design and construction of the Coachella Canal at Madison Street/Avenue 50. Among other things, the agreement outlines the responsibilities of both agencies, establishes the amounts each agency will contribute to the project, and establishes a cap for cost overruns at 15%. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the Cooperative Agreement, between the cities of La Quinta and Indio, for the design and construction of the Coachella Canal at Madison Street and authorize the Mayor to execute the Agreement; or 2. Do not approve the Cooperative Agreement, between the cities of La Quinta and Indio, for the design and construction of the Coachella Canal at Madison Street and authorize the Mayor to execute the Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jon son, P.E. Public Works D con, Engineer 131 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Cooperative Agreement `"••. 132 ATTACHMENT 1 COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF COACHELLA CANAL AT MADISON STREET/AVENUE 50 This agreement (hereinafter "Agreement") entered into this day of , 2009, is between the City of La Quinta, a municipal corporation and charter city, referred to herein as "LA QUINTA," and the City of Indio, a municipal corporation, referred to herein as "INDIO." LA QUINTA and INDIO are collectively referred to in this Agreement as "Parties." RECITALS (1) City of Indio entered into Coachella Valley Association of Government (CVAG) funding agreement on or about August 15, 2007 to design and construct Madison Street between Indio Boulevard and Avenue 50. (2) On or about September 6, 2007 La Quinta requested that the Madison Street segment from Avenue 50 to Avenue 52 be included in the previously approved reimbursement agreement between Indio and CVAG. (3) LA QUINTA desires to join with Indio to complete the canal crossing to advance the Madison Street Improvements from Avenue 50 to Avenue 52. (4) LA QUINTA and Indio desire to install Coachella Canal Improvements, referred to herein as the "PROJECT," at Madison Street and Avenue 50, and desire to specify the terms and conditions under which the PROJECT is to be engineered, constructed, financed, operated and maintained as well as the obligations and responsibilities of the PARTIES. (5) The PROJECT location is jointly owned Fifty percent (50%) by INDIO and Fifty percent (50%) by LA QUINTA. (6) The City of Indio has secured funding for the PROJECT at Seventy -Five (75%) of the total cost under CVAG's policy of funding eligible road projects. The remaining Twenty -Five percent (25%) is referred to hereinafter as "Local Share". (7) LA QUINTA agrees to contribute '/2 of the estimated Local Share cost to complete the PROJECT. The preliminary estimate of the Local Share of PROJECT's cost is $639,884. Therefore, LA QUINTA's contribution is estimated to be $319,942. (8) INDIO agrees to contribute 1/2 of the Local Share cost to complete the PROJECT. The preliminary estimate of the Local Share of PROJECT's cost is $639,884. Therefore, INDIO's contribution is estimated to be $319,942. 133 NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the PARTIES agree as follows: Section I LA QUINTA AGREES: (1) To pay an amount equal to Fifty percent (50%) of the Local Share of PROJECT costs for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on attached Exhibit "A." (2) To deposit the amount of $319,942 which figure represents LA QUINTA's estimated PROJECT share of the cost of preliminary engineering, construction, construction engineering and administration, as required to complete the PROJECT. The payment schedule is: 1) $200,000 upon execution of this MOU 2) $119,942 upon start of canal construction estimated October 1, 2009. These are estimated costs subject to final adjustment based on actual cost. (3) To issue, free of charge, upon application by INDIO or INDIO's contractor, the necessary encroachment permits for required work within the LA QUINTA streets right-of-way. (4) The City of La Quinta acknowledges the canal crossing is subject to approvals by the CVWD and the U.S. Bureau of Reclamation and the scope of work and schedule are subject to CVWD and BOR approval. Section II INDIO AGREES: (1) To pay an amount equal to Fifty percent (50%) of Local Share of PROJECT costs for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on attached Exhibit "A." (2) To prepare Plans, Specifications and Estimates (PS&E) for the PROJECT. PS&E are to be prepared in accordance with the approval of the Coachella Valley Water District, the standards and practices of INDIO and all applicable laws and regulations. (3) To have final design documents and drawings for the PROJECT prepared by or under the direction of a Civil Engineer registered and licensed in the State of California, and that the specifications, each set of plans and any reports shall bear the professional seal, certificate and signature of the professional engineer responsible for their preparation. 134 (4) To apply for a no fee encroachment permit for work within the LA QUINTA street right-of-way, in accordance with LA QUINTA standard permit procedures; provided however, that LA QUINTA agrees to cooperate in the issuance of any required permits necessary for the PROJECT as described in Section II below. (5) To administer a public works contract change order for the construction of the PROJECT improvements. The improvements are described in Exhibit B. (6) To retain or cause to be retained for audit by LA QUINTA or other governmental auditors for a period of three (3) years from the date of final payment, all records and accounts relating to construction of the PROJECT. (7) Upon completion of the PROJECT, to furnish LA QUINTA a complete set of full-sized reproducible "Drawing of Record" plans and refund any unexpended funds. (8) To enter into a License agreement with the Bureau of Reclamation (BOR), whereby INDIO will work with the BOR and the Coachella Valley Water District on BOR Facilities. (9) The City of Indio acknowledges the canal crossing is subject to approvals by the CVWD and the U.S. Bureau of Reclamation and the scope of work and schedule are subject to CVWD and BOR approval. Section III IT IS MUTUALLY AGREED AS FOLLOWS (1)The total cost of PROJECT is estimated to be $2,559,535. The local estimated cost, after TUMF contribution, is estimated at $639,884. (2) If it is found that a cost overrun exceeding 15% of the construction bid will occur, INDIO, and LA QUINTA shall endeavor to negotiate in good faith to agree upon and alternative course of action. If, after sixty (60) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent and without further action, with each agency sharing incurred costs in accordance with the cost shares as set forth in Section 1, Article (1), Section II, Article (1), and Section III, Article (1). (3) All contract change orders which individually or cumulatively exceed 15% of the bid price as described in Exhibit "B" for the relevant contract bid items shall be submitted by INDIO to LA QUINTA for review and approval prior to authorization by INDIO to construction contractor. 135 (4) In construction of said work, INDIO will contract for a representative to perform the function of Resident Engineer, and LA QUINTA may furnish a representative. LA QUINTA's representative may consult with INDIO representative, but INDIO's decision shall be considered final. (5) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed will be shared between the agencies where responsibility for operation and maintenance applies. (6) INDIO agrees to indemnify, defend and hold harmless LA QUINTA, its officials, officers, agents and employees from and against any and all liability, expenses (including engineering and defense costs and legal Tess and expert witness fees), claims, losses, suits and actions of whatever kind, and for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage (including allegations thereof) arising from or connected with Design and Construction performed by, or under the management or control of INDIO. Any rights of INDIO hereunder to inspect, review and/or approve any Design or Construction performed by LA QUINTA shall not be deemed to render such Design or Construction under the management or control of INDIO. (7) LA QUINTA agrees to indemnify, defend and hold harmless INDIO, its members, agents, officials, officers and employees from and against any and all liability, expenses (including engineering and defense costs and legal fees and expert witness fees), claims, losses, suits and actions of whatever kind, for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, death, personal injury or property damage (including allegations thereof) arising from or connected with Design and Construction performed by, or under the management or control of LA QUINTA. Any rights of LA QUINTA hereunder to inspect, review and/or approve any Design or Construction performed by INDIO shall not be deemed to render such Design or Construction under the management or control of LA QUINTA. NOTICES: Any notice required to be sent pursuant to this Agreement shall be sent by regular mail, addressed as indicated in the signature blocks which follow: (The remainder of this page is intentionally left blank) '""1 136 CITY OF INDIO City of Indio Glenn Southard, City Manager 100 Civic Center Mall Indio, CA 92202 Dated: M Melanie Fesmire, Mayor ATTEST: By: Cynthia Hernandez, CMC, City Clerk APPROVED AS TO FORM: go CITY OF LA QUINTA City of La Quinta Tom Genovese, City Manager P.O. Box 1504 La Quinta, CA 92247-1504 78-495 Calle Tampico La Quinta, CA 92253 Dated: IIn Don Adolph, Mayor ATTEST: in Veronica Montecito, CMC, City Clerk APPROVED AS TO FORM: Edward Kotkin Woodruff, Spradlin, and Smart By: City Attorney M. Katherine Jenson City Attorney 137 F 0 �4 y OF TNF COUNCIL/RDA MEETING DATE: July 21, 2009 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Approving a CONSENT CALENDAR: Memorandum of Understanding Between the City of La Quinta and the La Quinta City Employees' Association STUDY SESSION: for Fiscal Year 2009-2010 PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council approving a Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association for Fiscal Year 2009-2010. FISCAL IMPLICATIONS: Negotiated benefits include: City and Association agree to a zero percent (0%) cost -of -living adjustment for the term of this agreement. Continue Flexible Spending Account in which the City has paid the initial $350 set-up fee and will pay the $15 per new employee enrollment fee. Employees would pay the $4.00 per month fee as payroll deduction, or $5.60 per month if they choose the optional debit card for reimbursement. Decrease amount available for employee computer loan purchases from $29,750 to $17,500 for 2009. Loans made through this program will be a maximum of two years in duration and will be reimbursed through payroll deductions with 5% interest. This is a loan program and does not require an appropriation. 138 Increase the Educational Incentive Program to $17,250 for 2009, granting participants reimbursement of up to 6% of the total annual budgeted amount each fiscal year. Modify Personnel Policy Section 14 — Holidays, to incorporate '/2 days off for Christmas Eve and New Year's Eve in the event those days fall on a weekday. Re -open negotiations on insurance coverage in September 2009. City and Association agree that no modifications will be made to any represented positions pursuant to the results of the Salary Survey (required by the terms of the previous MOU) conducted in January 2009. Change the Personnel Policies as outlined in Exhibit A to the Resolution. City and Association agree to have the Employee Relations Officer conduct research on implementation of an alternative work schedule for recommendation to the City Council before December 31, 2009. Input from the Association will be considered by the Employee Relations Officer when formulating a recommendation. Waive the annual membership fee for all City employees to the City's Fitness Center at the President Gerald R. Ford Boys & Girls Club, as part of the City's wellness initiative encouraging adoption of a healthy lifestyle for all employees. City employees may use their City -issued identification card for access to the City's Fitness Center during regular hours of public operation. This MOU shall take effect on July 1, 2009. The estimated fiscal impact for increasing the Educational Incentive Program is $12,250 and the waiver of the annual membership fee for all City employees to the City's Fitness Center is approximately $1,500. The costs will be funded from Account Number 101-1004-413.53-05. CHARTER CITY IMPLICATIONS: None. 'a^' 139 BACKGROUND AND OVERVIEW: The City and the Association, in a series of meetings beginning March 26, 2009, met and conferred in good faith pursuant to the Meyers-Milias-Brown Act on matters relating to employment conditions and employer/employee relations including wages, hours, and other terms of employment. The attached Memorandum of Understanding (Exhibit "A" of the Resolution) is the result of these meetings and discussions. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving a Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association for Fiscal Year 2009-2010; or 2. Do not adopt a Resolution of the City Council approving a Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association for Fiscal Year 2009-2010; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager N..•, 140 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION (LQCEA) COMMENCING ON JULY 1, 2009, AND TERMINATING JUNE 30, 2010 WHEREAS, the City of La Quinta, hereinafter referred to as "City" and the La Quinta City Employees' Association, the recognized organization representing its members, hereinafter referred to as "Association," have met and conferred over wages, hours, terms, and conditions of employment pursuant to Government Code 3500, as amended; and WHEREAS, the City and the Association have negotiated a Memorandum of Understanding for the period commencing on July 1, 2009, and terminating June 30, 2010; and WHEREAS, the Association ratified the Memorandum of Understanding on July 15, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City does hereby ratify and approve, ratify and authorize implementation of each economic and non -economic benefit and right set forth in the Memorandum of Understanding between the City and the Association, attached and incorporated herein as Exhibit "A" and said to the extent the City may legally do so in accordance with the time constraints of said Memorandum of Understanding. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 215L day of July, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: �,., 141 Resolution No. 2009- Adoption of 2009-10 LQCEA MOU Adopted: July 21, 2009 Page 2 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 169" 142 EXHIBIT A MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into by and between the CITY OF LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION ("Association"). WHEREAS, the City and the Association have met and conferred in good faith with respect to the wages, hours, and terms and conditions of employment of City employees and all other subjects within the scope of bargaining under the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), and have reached an agreement that they wish to set forth in writing in the form of this MOU; NOW, THEREFORE, the City and the Association agree as follows: SECTION 1: TERM. This MOU shall take effect on July 1, 2009, and shall remain in effect through and including June 30, 2010. SECTION 2: SALARY The Schedule of Salary Ranges (Schedule), which is attached hereto as Exhibit 1 and by this reference made a part hereof, shall remain in effect during the term (July 1, 2009 through June 30, 2010) of this MOU. Exhibit I reflects a zero percent (0%) COLA over the schedule in effect on June 30, 2009. SECTION 3: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE. A. Fiscal Year 2009-10. The parties agree to reopen negotiations in September 2009 in order to meet and confer on the amounts paid by the City and employees for insurance coverage for the next calendar 143 year. The process to be utilized for determining increases in coverage is set forth in the Health Benefits Reopener Process Methodology (Health Benefits Methodology), which is attached hereto as Exhibit 2 and by this reference made a part hereof. B. Contributions. The employee contribution for insurance coverage shall be paid by payroll deduction as a condition of enrollment and continuous insurance coverage. The benefits, terms and conditions of coverage shall be governed by the formal plan documents. C. Flexible Spending Plan. The City has implemented a Flexible Spending Plan through Total Administrative Services Corporation (TASC) for interested employees. The City has paid the initial one-time enrollment fee of $350.00 and will pay the $15.00 per employee enrollment fee for new employees who elect to join, and those employees who participate will pay the monthly administration fee and optional medical reimbursement debit card fee through payroll deduction. SECTION 4: SALARY SURVEY The City conducted a salary survey in January 2009 of the same fifteen (15) comparison cities used in the previous external salary survey for all represented positions. The City and Association agree that the results of the salary survey do not warrant any changes to the salaries of any represented positions at this time. SECTION 5: EDUCATIONAL INCENTIVE PROGRAM. All employees are eligible for tuition reimbursement pursuant to Section 15.25 of the City's Personnel Rules. The total of such reimbursement for all employees shall not exceed $17,250 during of this MOU at a maximum of $1,035 per employee. 2009-10 MOU - 7.10-09 -2- ;"1 144 SECTION 6: MANAGEMENT RIGHTS. Except as limited by the terms of this MOU, the City retains sole and exclusive right to manage its operations and direct its work force using any or all of the powers and authority previously exercised or possessed by the City or traditionally reserved to management, including but not limited to the right to determine its organization and, the kinds and levels of services to be provided; to direct the work of its employees; to assign work from one classification of employees to another, including work currently performed by employees in the classifications covered by this MOU; to establish work standards and levels of required performance; to utilize part-time or temporary employees; to pay wages and benefits in excess of those required by this MOU; to select, modify, alter, abandon, or modernize methods of conducting its operations; to build, move, modify, close, or modernize facilities, machinery, processes, and equipment; to establish budgetary procedures and allocations; to determine methods of raising revenues; to sublet and subcontract work except work currently performed by City employees; to take all necessary action in the event of an emergency; to establish and amend rules of conduct and to impose discipline and discharge; to establish and amend rules for safety and health; to select, hire, classify, reclassify, assign, evaluate, transfer, promote, demote, upgrade, downgrade, reprimand, discipline, suspend, discharge, lay off, and rehire employees; to determine job content and to create, combine or modify job classifications and rates or classes of pay; and to exercise all other customary powers and authority of management, regardless of whether the City has exercised such power previously. Nothing in this provision shall be construed to restrict grievances concerning any part of this MOU. In the event of an emergency, the City may amend, modify or rescind any provision of the MOU. Such amendment, modification or rescission shall remain in force only for the period of the emergency. The City shall have the sole and complete discretion to declare that an emergency exists for the purposes of this Section. 2009-10 MOU - 7d0-09 -3 145 SECTION 7: NON-DISCRIMINATION. All personnel decisions and actions, including but not limited to appointments, promotions, demotions, transfers, layoffs, and discharges, shall be made without regard to race, color, creed, sex, marital status, age, national origin or ancestry, physical or mental disability, medical condition, sexual orientation, or any other unlawful consideration. Further, the City shall not discriminate against any employee based upon his/her activity on behalf .of his/her membership in any employee association or group. SECTION 8: HOURS. Employee hours of work shall be as stated in the City's Personnel Policies unless superseded as provided in Section 14 herein. SECTION 9: HOLIDAYS. The City and Association have agreed to modify the City Personnel Policy as follows: "14.10.1 Regular full-time employees are entitled to the following ten (10) paid holidays each year: New Year's Day Dr. Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day January 1 3`d Monday in January 3`d Monday in February Last Monday in May July 4 1" Monday in September November 11 41h Thursday in November Friday after Thanksgiving December 25 All employees shall receive '/2 day off for both Christmas Eve (December 24) and New Year's Eve (December 31) in the event those days fall on a weekday." The remainder of Section 14.10.1 shall remain unchanged. 146 2009-10 MOU - 7-10-09 -4- SECTION 10: VACATION. 9.1 Accrual. Vacation accrual shall be as provided in the City's Personnel Policies unless superseded as provided herein. 9.2 Buy-back. Vacation buy-back shall be as provided in the City's Personnel Policies unless superseded as provided herein. SECTION 11: SICK LEAVE. Sick leave shall be accrued as provided in the City's Personnel Policies unless superseded as provided herein. SECTION 12: PERSONNEL POLICY ADDITIONS AND AMENDMENTS. The City and Association have agreed to modify City Personnel Policies (attached hereto as Exhibit 3, collectively) as follows: A. Addition of Section 1.25.15.1 defining "Dependent Care" as it relates to Section 14.20 (Sick Leave Policy). B. Amendment to Section 1.96: Use of Electronic Equipment and Systems. _ C. Addition of Section 1.98: Cell Phone Use Policy. D. Mandatory legislative updates and clarification to Section 7.25: Family and Medical Leave and Section 7.30: On -the -Job Injuries and Workers' Compensation Coverage. E. Amendment to Section 14.20 (Sick Leave) referencing Section 1.25.15.1 (definition of "Dependent Care"). F. Addition of Section 14.21: Kin Care Leave, as required by the California Labor Code Section 233. SECTION 13: COMPUTER PURCHASE PROGRAM. The City agrees to continue the Computer Purchase Program (Program) as set forth on Exhibit 4 and by this reference made a part hereof, and to fund the Program in the amount of $17,500 for each Fiscal Year during the term of this MOU at a maximum of $1,750 per 2009-10 MOU - 7-10-09 -5 U.. _ 147 employee. Any employee who has participated in the Program and has paid his/her loan in full may participate again if there is money available after those employees who have not previously participated have been funded. SECTION 14: ALTERNATIVE WORK SCHEDULE. The City and Association agree to have the Employee Relations Officer conduct research on implementation of an alternative work schedule for recommendation to the City Council before December 31, 2009. Input from the Association will be considered by the Employee Relations Officer when formulating his recommendation. Any recommendation shall not include closing City Hall on any regular weekday. SECTION 15: EMPLOYEE MEMBERSHIP AT CITY FITNESS CENTER. The City has recently completed a very successful wellness initiative through Shape Up the Nation, in which employees were encouraged to form teams and compete in the categories of weight loss, hours of exercise, and steps walked. As further encouragement for adopting a healthy lifestyle and a follow-up to this initiative, the City agrees to waive the membership fee for all City employees to the City's Fitness Center at the President Gerald R. Ford Boys & Girls Club. City employees may use their City -issued identification card for access to the City's Fitness Center during regular hours of public operation. SECTION 16: SOLE AND ENTIRE AGREEMENT. It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements, memoranda of agreement or memoranda of understanding, or contrary salary and/or personnel rules and regulations, administrative codes, provisions of the City (other than the Municipal Code), whether oral or written, expressed or implied, between the parties, and shall govern the entire relationship and be the sole source of any and all rights which may be 2009-10 MOU - 7-10-09 -6- 81 . 148 48 asserted hereunder. This MOU is not intended to conflict with federal or state law. The Association and the City agree that all personnel rules not specifically included herein shall be incorporated herein by this reference. The City reserves the right to add to, modify or delete from its Personnel Rules, subject to its obligations under the Meyers-Milias-Brown Act. SECTION 17: WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT. During the term of this MOU, the Association agrees that it will not seek to negotiate or bargain with respect to wages, hours and terms and conditions of employment, whether or not covered by this MOU or in the negotiations preceding execution of this MOU, except as required by specific provisions of this MOU. Despite the terms of this waiver, the parties may, -by mutual agreement, agree in writing to meet and confer concerning any matter during the term of this MOU. This MOU is hereby executed by the parties hereto as set forth below. CITY OF LA QUINTA DATED: 12009 By: Don Adolph, Mayor LA QUINTA CITY EMPLOYEES' ASSOCIATION DATED: 2009 By: 149 2009-10 MOU - 7-10-09 -7- EXHIBIT 1 W Z(0(00N� Lo Ur-6rr00rV V 00 MO cw wrMV OV d(N(O M(Ow ) Lo 0 9 a) O W J rn m E O c � H C m N C m O m C T @ .- W C 0 00 Z d 2 c :�` o m U c c O N D. Y Q U O U N U m WQW C —= Nam m "- fm c � ON U' E :m �. m c 41 Uu N o0) m— N _a) U E Z a N d� Z aN O F o X Q m_ i (N� ([6 . 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W V" ¢ WN W d^n W hNro 1�^N W nd(V W NOO�r tOM^Q1rNMNNNONOr M^A W 6 rNN O (A NL6nQONMN(OWO^MNnN^MN1�0� N N1n (n^MWW0000^^^' NNN<ONN W W rrnrM1n W W W J W W r Z Q N M d N W h N m O^ N M d N N n W A O^ N M d N W h N O O^ N M d N WNW W W W N W N M1 h n h n r h r M1 n W W W W W W N W m N N T O�O(O. T O m0.r EXHIBIT 2 Health Benefits Reopener MethodoloQv 1. When calculating the "average" increase in total monthly costs, all health plans available to .City employees at the time of the reopener shall be included, regardless of whether any City employees participate in such plans at the time of the reopener (since there is the potential for an employee to choose any of the plans during open enrollment, so all should be included). 2. Add together all increases and subtract all decreases and divide by the total number of health plans available to City employees at the time of the reopener to obtain an overall average percentage increase or decrease. 3. Multiply the overall average percentage increase or decrease by the existing monthly cap to obtain the recommended increase or decrease to the monthly cap. 4. Recommendation is subject to Council approval EXHIBIT 3 1.25.12 Contractual Employee: An employee hired and paid pursuant to the terms and conditions of a specified written contract between such employee and the City. 1.25.13 Days: Calendar days unless otherwise stated. 1.25.14 Demotion: The voluntary or involuntary transfer of an employee from one classification to another classification with a lower salary grade or to a lower step in a classification grade or hierarchy of positions. 1.25.15 Department Director: One who functions directly under the authority of the City Manager, has direct responsibility for a particular department, and manages its staff, policies and budget. 1.25.15.1 Dependent Care: The term "dependent" as it relates to dependent care in the City's Sick Leave Policy (Section 14.20), is limited to the following: an employee's child, parent, spouse or domestic partner. 1.25.16 Disciplinary Action: The discharge, demotion, reduction of pay, suspension, placing on probation, or the issuance of a written reprimand or formal warning or any other action for punitive, corrective or disciplinary reasons. 1.25.17 Disciplinary Suspension: A disciplinary action that temporarily relieves an employee from duty without pay. 1.25.18 Dismissal: The discharge of an employee from City employment. 1.25.19 Eligibility List: A list of all persons eligible for appointment to a particular classification after final testing/interviews as determined by the Employee Relations Officer. 1.25.20 Emergency Appointment: An appointment made to meet immediate requirements of an emergency condition, such as fire, flood or earthquake, which threatens life or property, where such employment is not anticipated to endure beyond the duration of such an emergency period. 1.25.21 Employee: An elected or appointed person occupying a position in the City employment, including City Council Members, providing personal services to the City or its residents. This excludes independent and outside contractors, commissioners, members of advisory boards, and volunteers. 1.25.22 Employee Assistance Program: (EAP) A confidential assessment and referral service designed to assist employees in resolving personal problems. 1.25.23 Employee Relations Officer: City Manager, or any individual designated by the City Manager, to administer the City's personnel system which includes the duties of equal employment opportunity officer. 397/OI56104005 3 154 122106.01 4 29/09 vehicle or equipment if approved by their Department Director having demonstrated a legitimate need and having obtained any necessary certification. All employees are required to report immediately to their Supervisor and Department Director any threats or incidents of violence. Supervisors and Department Directors are required to investigate incidents of violence or threats of violence to maintain department safety. Effective January 1, 1995 the Workplace Violence Safety Act became law. The new statute adds Section 527.8 to the California Code of Civil Procedure and allows employers to seek temporary restraining orders (TRO) and an injunction to protect employees who have been the subject of actual or threatened unlawful violence in the workplace. 1.90 SMOKING POLICY: Smoking is prohibited in all City facilities, all City vehicles and rolling stock. 1.95 DRESS CODE: All employees shall dress professionally and in a manner appropriate for the duties performed in their position. Department Directors, with the approval of the Employee Relations Officer, may allow certain Field positions to wear shorts depending on the duties performed and any safety considerations. Shorts may be limited to earth -tone colors, be mid - thigh length, hemmed, with a minimum of two pockets, a fly and worn with a belt. All field personnel must wear collared shirts that are tucked in and identify them as City personnel. 1.96 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS: The following is a policy statement, adopted February 22, 2000, and updated in 2009, regarding the proper use of the City's electronic equipment and systems. SECTION 1: Purpose. This policy is created to establish policies that help ensure the City's compliance with applicable law including, without limitation, the California Public Records Act; protect the public welfare; regulate public officials' and employees' use of electronic communications; identify the circumstances when electronic communications must be preserved; and facilitate City business practices. Nothing contained in this policy is intended to hinder City officials', officers', or employees' use of electronic communications. SECTION 2: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this policy: A. "Archival form " means either: 1. Transcribing or printing electronic communications in a legible hard copy form; or 2. Transmitting, converting, or recording an electronic communication into an electronic format by which the informational content of the electronic communication is permanently or indefinitely preserved and such information may be retrieved in readable or audible and comprehensible form. Examples of such storage include, without limitation, optical disk 397/015610-0005 - 24 - 12210601 a07/08/09 storage; microfiche; and digital photography that is incapable of deletion or alteration. B. "Communications equipment and software " means office equipment and software used for communicating including, without limitation, telephone (including voice mail), fax machine, copy machine, office automation equipment (computer terminals or personal computers, including laptops) and communications software applications such as electronic mail and Internet browsers. C. "Electronic communication" or "communication" means any communication to, from, between or among any City official(s) or employee(s) by using an electronic communication system for City business purposes when it is necessary that the informational content of such communication be preserved for future City use or reference. D. `Information Technologies" or `IT" means any system, device, hardware, software, or other equipment designed and used for transmitting or receiving communications by any form of electronic mail (e-mail) or voice mail system, or any network of interconnected computers, including, without limitation, the Internet and Worldwide Web, as used for such purposes. E. "Users" means City officers, employees (regular, extra -help and temporary) contractors, volunteers and other individuals provided access to IT. SECTION 3: City's Ownership. All electronic equipment, hardware, software, temporary or permanent files and related systems or devices are the property of the City of La Quinta. These include, but are not limited to, computers, PDA's or Blackberries (collectively referred to as "Cell Phones"), network equipment, software, telephones, voice mail, documents, spreadsheets, calendar entries, the Internet, appointments, tasks and notes which are part of the City's electronic systems or equipment. SECTION 4: No Expectation of Privacy. Where there is a business reason to do so, supervisors have the authority to inspect the contents of any equipment, files, systems, calendars, e-mail or voice mail used by their subordinates as part of the regular job duties. "Business Reason" includes ensuring that employees are complying with this policy, particularly if there has been prior disciplinary action regarding failure to follow the policy. The City, however, will not act under this policy on a random basis or when there is no business reason. A. Information Systems may extract information, files, documents, voice mail, etc., including deleted items, when requested by management for a business -related reason. Therefore, employees who use electronic equipment and/or systems provided by the City of La Quinta cannot be guaranteed absolute privacy. 156 397/015610-0005 - 25 - 122106.01 a07/08/09 B. No unauthorized passwords or security system may be added to any City equipment or other systems. C. Users should not regard any electronic communication as personal, private or confidential. The City may conduct reviews of the content of messages and files, and web sites visited on the Internet, when in the exercise of its business judgment, the City determines that it would be prudent to do so. The City may, without notice, inspect, repair and service all workplace computers; and for business reasons may review and disclose all information transmitted through Information Systems; and control access to Information Systems in accordance with Federal, State, and local regulations. D. City may restrict access to any Internet source it determines, in its sole discretion, that a source is unnecessary to facilitate City business. Restriction of a specified source does not imply approval of other non -restricted sources. E. The City may restrict access to Information Systems without notice and without a Be advised that under some circumstances, communications sent via e-mail may be subject to disclosure under the Public Records Act, or in cooperation with law enforcement or as a result of litigation. If disclosure of e-mail messages (or any other data files) should be required (despite the designation of any message as "private" or "confidential"), the City shall not be liable for this disclosure in any way. In short, the City's information system does not provide any guarantee of personal privacy protection, and employees should use the system with this limitation in mind. SECTION 5: Use Regulation. A. Electronic communications, including, without limitation, electronic mail, voicemail, fax machines, and mobile phones, have become common tools in City business. While using these technologically advanced communications, it is important to recognize that the City remains obligated, under some circumstances, to preserve communications under California law including, without limitation, the Public Records Act (Gov't. Code §§ 6250-6276.48). B. In addition, it is important to remember that these tools are provided by the City to facilitate public business. Although limited and incidental personal use of electronic communications may be understandable and acceptable, these communication devices remain public property and should be used primarily for public purposes. Users may use Information Systems for incidental personal use that does not interfere or conflict with City business or job performance during regular duty hours. Incidental means infrequent usage. Personal use of the City's Information Systems is at the users' own risk and may be accessed, reviewed, copied, deleted or disclosed by the City. Acceptable business use is limited to the following: I. Communication relating directly to achieving City or department goals and the user's personal work -related goals. 397/015610-0005 - 26 - 12210601 a07/08/09 2. Communication relating to a user's individual professional development in the City. 3. Applying for or administering grants and contracts for City programs. 4. Use for advisory, standards, research, analysis, and professional society activities relating to the user's job duties and tasks. 5. Announcing and tracking new laws, procedures, policies, rules, services, programs, information, or activities affecting the City. 6. Any general or routine governmental administrative communications. Users are encouraged to use generally accepted practices of etiquette while using electronic communications and Information Systems. The City's Information Services Analyst can provide users with such forms of etiquette. SECTION 6: Prohibited Uses. Prohibited uses of communication equipment and software include, but are not necessarily limited to, the following: A. Uses that violate any local, state, or federal law; B. Uses violating any part of an MOU or City Policy. C. Uses relating to a user's private commercial activities including, without limitation, advertising and consulting; D. Accessing and distributing computer games; E. Fundraising or public relations activities outside the scope of City business; F. Political activities; G. Religious activities; H. Unauthorized access to systems, software or data; I. Creating or propagating viruses; J. Disrupting services; K. Intentionally destroying or damaging equipment, software, or data; 397/015610-0005 _ 27 _ 122106.01 a07/08/09 Q L. Use of non -business software, e.g. games and/or entertainment software; M. Threats; N. Harassment; O. Defamation; P. Slander; and Q. Access to, or communication of, material or graphic images which are pornographic, violent, offensive, threatening, disturbing, obscene or profane. SECTION 7: Disclaimers. Chat rooms and electronic discussion groups are specialized resources on the Internet for sharing information with other professionals. However, employees may not publish official positions or opinions of the City, or publish statements which could be construed as positions or opinions of the City, via the Internet or e-mail without prior authorization. All authorized participation in such forums must include the following disclaimer: "Views expressed by the author do not necessarily represent those of the City of La Quinta." Failure to include the required disclaimer may result in revocation of access privileges and/or disciplinary action. SECTION 8: Confidential Information. Information Systems may not be used to communicate confidential City information to unauthorized individuals within or outside of the City. Confidential information includes any information whose release is restricted under local, state or federal law, any personnel information or records or any other information prohibited from release to unauthorized persons by the employee's supervisor, manager or department head. If an employee is unsure if City information or records are confidential, the employee is required to ask a supervisor before releasing such information to unauthorized individuals. SECTION 9_Compliance with law. Immediately upon receiving a public records request, subpoena, or court order which identifies an electronic communication, City officers and employees will use their best efforts, and use all reasonable means practicable, to preserve such electronic communications. SECTION 10: Violations. Violations of this policy will be reviewed on a case -by -case basis and may result in disciplinary action in accordance with the City's Personnel Policies (Sections 8, 9, 10 and 11). All unauthorized uses of the Internet may result in revocation of access privileges and/or disciplinary action. Misuse of City communications equipment and software is a violation of the City's 397/015610-0005 15 9 122106.01 a07/08/09 �q,� Personnel Policies and will result in disciplinary action up to and including dismissal from employment. 1.97 FRAUD IN THE WORKPLACE POLICY. Overview • The City of La Quinta is committed to protecting its assets against the risk of loss or misuse. Accordingly it is the policy of the City to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the City and, when appropriate, to pursue legal remedies available under the law. • Fraud is defined as an intentional deception, misappropriation of resources or the manipulation of data to gain financial or other benefits. Fraud and other similar improprieties include, but are not limited to: a) Claim for reimbursement of expenses that are not made for the exclusive benefit of the City. b) Forgery or alteration of documents (checks, promissory notes, timesheets, independent contractor agreements, purchase orders, etc.). c) Misappropriation of City assets (funds, securities, supplies, furniture, equipment, etc.). d) Improprieties in the handling or reporting of money transactions. e) Authorizing or receiving payment for goods not received or services note performed. f) Misrepresentation of information on documents. g) Computer -related activity involving unauthorized alteration, destruction, forgery, or manipulation of data or misappropriation of City -owned software. • This policy applies to Officers and Employees of the City. • It is the City's intent to fully investigate any suspected acts of fraud, misappropriation, or other similar irregularity. An objective and impartial investigation will be conducted regardless of the position, title, and length of service or relationship with the City. • Each department of the City is responsible for instituting and maintaining a system of internal controls to provide reasonable assurance for the prevention and detection of fraud, misappropriation, and other irregularities. Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such misconduct. 397/015610-0005 _ Z(� _ 160 CU O 122106.01 a07/08/09 ��" ' 1.98 CELL PHONE USE POLICY. Introduction. The City recognizes that the use of personal cell phones has become prevalent in our society and that employees rely on cell phones as a means of communication with family and friends. As such, it is important for the City to clearly identify the parameters for use of personal cell phones in the workplace. In addition, the City's Cell Phone Policy addresses the parameters for using City -issued cell phones for those employees requiring a cell phone in order to perform the essential functions of their jobs. 1.98.1 Personal Cell Phone Use. Employees are not prohibited from carrying personal cell phones while at work, but must comply with the following requirements. 1. Generally speaking, employees should neither send nor receive personal calls, text messages, or e-mails during work hours, not to include break times and lunch periods. However, the City recognizes that at times it may be necessary for employees to contact or be contacted by family members. The City also recognizes that extraordinary circumstances may require an employee to conduct personal business using their personal cell phone during working hours. Abuse of this privilege shall be considered a violation of this policy. 2. Supervisors have the authority to restrict or prohibit use of personal cell phones at any time on-the-job when they believe such situations or use may create a distraction or safety hazard to the employee, co-workers, contractors, and/or the general public. 3. Calls to 911 or other emergency calls on personal cell phones during work hours are permitted under this policy. 4. The use and/or wearing of `Bluetooth" or "hands -free" personal cell phone devices is strictly prohibited during working hours,, not to include break times and lunch periods. 5. Employees are not allowed to talk or text on a personal or city -owned cell phone while driving any vehicle, including City vehicles, while engaged in City business. Use of a cell phone in other than a hands -free mode and texting while driving are prohibited by State law. Wherever possible, phone use should occur when the vehicle is safely stopped and the driver can devote full attention to the phone call. 6. If an employee needs to use a personal cell phone for City business, the employee can submit a request for payment for the minutes used, if those minutes take the employee over the set limit of minutes under the employee's plan. 7. Many personal cell phones have camera features. The camera features may not be used in the workplace unless for City business. Camera phones can potentially violate the privacy of co-workers or be used to take pictures of confidential or sensitive documents. 397/015610-0005 161 122106.01 a07/08/09 - 34 - -01,. 1.98.2 City -Owned Cell Phone Use. 1. Certain employees are issued City -owned cell phones, PDAs, or Blackberrys (collectively referred to as "cell phones") for City business. An employee who believes he/she should have a City -owned cell phone should fill out a request and submit to the Department Director, who has the authority to approve or disapprove the request. However, it is expected that any employee who is required to use a cell phone in the performance of his or her duties shall be provided a cell phone by the City at the City's expense. 2. City -owned cell phones are to be used for City business. Personal calls are to be limited and should occur only rarely. The City retains the right to: (1) review the bills for City -owned cell phones and (2) require payment from the employee for all personal calls in accordance with IRS regulations as they now exist, or as they may be amended in the future. 3. Employees issued a City -owned cell phone are responsible for properly caring for it. 4. Employees are not allowed to install personal or other non -approved software or applications on City -owned cell phones, nor to disable any software installed by the City, including virus protection systems. The City reserves the right to access, view and copy any employee's City -owned cell phone data, correspondence, log files, etc. created or stored on City -owned cell phones if necessary for business necessity or to determine if misuse has occurred. No user of a City -owned cell phone should have any expectation of privacy nor assume that such use will be anonymous. 5. All passwords or security codes must be protected and not given out to others. The City's IT Department must be provided with all current passwords or security codes. 6. The following are prohibited uses of City -owned cell phones: A. Using the phone for private gain or profit, or to solicit for political, religious, commercial, or other non -City business purposes. B. Using or storing files containing obscene, offensive, racial, sexual, or hateful language or images; engaging in ridicule, transmitting threatening, racial, sexual, obscene or harassing materials; or engaging in any form of sexual harassment. C. Using the phone for any activity which would be deemed criminal under applicable federal, state, or local law. D. Users of City -owned cell phones shall be courteous when speaking with members of the public or other City employees. No offensive or inappropriate language is permitted. E. All employees using a City -owned cell phone must abide by State laws regarding use of cell phones in vehicles. This means all cell phone use must be in a hands free mode, and no texting or emailing while driving. Wherever possible, phone use should occur when the vehicle is safely stopped and the driver can devote full attention to the phone call. 397/015610-0005 - 35 - ��••• • 1 6 122106.01 a07/09/09 F. If a City -owned cell phone has camera features, they may only be used for City business purposes. Violations of This Policy. Violations of the City's Cell Phone Policy may subject the employee to disciplinary action under the City's Personnel Policies. Any questions regarding this Policy should be directed to Human Resources/Risk Management. 397/015610-0005 - 36 - 163 122106.01 .07108/09 discharged under conditions other than dishonorable, to return to his/her former classification within six (6) months after termination of his/her active service with the armed forces, but not later than six (6) months after the end of the war or national emergency. (Reference Government Codes § 395, 146 and 395.05.) Exceptions to this policy will occur whenever necessary to comply with applicable laws. 7.20 LEAVE OF ABSENCE WITHOUT PAY: Any regular or probationary employee who is absent from work and not on leave of absence with pay shall be considered on leave of absence without pay. Leave of absence without pay shall be approved in advance and in writing. Any employee requesting a leave of absence without pay shall utilize all of his/her accrued compensatory time off, administrative leave, vacation time, and sick leave, if appropriate, prior to the start of the leave without pay. Determination of the granting of leave of absence without pay is not grievable. An employee who does not receive prior written approval for leave of absence without pay may be disciplined for such period of absence. Department Directors may grant an employee leave of absence without pay for not to exceed forty (40) consecutive hours. Such leaves shall be reported in writing to the Employee Relations Officers. A leave of absence without pay in excess of forty (40) hours must be recommended by the Department Director and approved by the Employee Relations Officer. No single leave of absence without pay may exceed three months without approval of the Department Director, Employee Relations Officer and City Manager. Any leave of absence without pay of eight (8) hours or more shall result in a pro rata accrual of vacation, sick leave or holiday credits. A leave of absence without pay of forty (40) hours or more shall also result in a pro rata reduction of employer -paid health benefit payments, and shall extend the employee's probationary period (if applicable) for the same length of time as to the leave. After thirty (30) consecutive working days on a leave of absence without pay, contributions to retirement, life insurance, medical, dental, or other designated benefit plans shall be suspended until the employee is reinstated. Upon expiration of an approved leave of absence without pay, the employee shall be reinstated in the classification held at the time the leave was granted. Failure on the part of the employee to report to work promptly at the expiration of the leave shall result in the employee being deemed to have resigned from employment. 7.25 FAMILY AND MEDICAL LEAVE: 7.25.1 Statement of Policy To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by State and Federal law. The following provisions set forth certain of the rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the 397/015610-0005 - 62 - 122106.01 a07/08/09 Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (as revised in January, 2009) ("FMLA"), and the regulations of the California Family Rights Act ("CFRA"). Unless otherwise provided by this article, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. Employees may use any accrued leave for the purposes of FMLA leaves, or the time off may be taken as leave without pay. 7.25.2 Definitions A. 1112-Month Period" means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. B. "Child" means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self -care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, foster or step -child. A child is "incapable of self care" if he/she requires active assistance or supervision to provide daily self -care in three or more of the activities of daily living or instrumental activities of daily living - such as, caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc. C. "Parent" means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents -in-law. D. "Covered Servicemember" is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or in outpatient status; or is on the temporary disability retired list. E. "Spouse" means a husband or wife as defined or recognized under California State law for purposes of marriage. F. "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: 1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom), or 2. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following: 397/015610-0005 - 63 - 122106.01 a07/10/09 , 165 a. A period of incapacity (i.e., inability to work, or perform other regular daily activities due to serious health condition of more than three (3) consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition) that also involves: i) Treatment of two or more times by a health care provider, by a nurse or physician's assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by, a health care provider within thirty (30) days from the first day of incapacity, absent extenuating circumstances, and the first medical visit must take place within seven (7) days of the first day of incapacity; or ii) Treatment by a health care provider within seven (7) days of the first day of incapacity on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment. b. Any period of incapacity due to pregnancy or for prenatal care. (This entitles the employee to FMLA leave, but not CFRA leave. Under California law, an employee disabled by pregnancy is entitled to pregnancy disability leave.) C. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: i) Requires periodic visits (visiting a health care provider at least twice a year for the same condition) for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; ii) Continues over an extended period of time (including recurring episodes of a single underlying condition); and iii) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day. d. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or 397/015610-0005 - C4 - 122106.01 a07/08/09 160 family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. e. Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. G. "Health Care Provider" means: A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California; 2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises treatment of a serious health condition. 3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law; 4. Nurse practitioners. and nurse -midwives, clinical social workers, and physician assistants who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law; 5. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and 6. Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits. H. qualifying Exigencies" may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post -deployment reintegration briefings. 7.25.3 Reasons for Leave Leave is only permitted for the following reasons: A. Incapacity due to pregnancy, prenatal medical care or birth of a child by an employee; 397/015610-0005 - - 65 - 122106.01 a07/08/09 .- 167 B. To care for the employee's child after birth, or placement for adoption or foster care; C. To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or D. For a serious health condition that makes the employee unable to perform the employee's job; or E. To care for a covered servicemember during a single 12-month period.. 7.25.4 Employees Eligible for Leave An employee is eligible for leave if the employee: A. Has been employed for at least 12 months; all prior service counts, regardless of any breaks in service; and B. Has been employed for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. 7.25.5 Military Family Leave Entitlements Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operations may use their 12-week leave entitlement to address certain qualifying exigencies. 7.25.6 Amount of Leave Eligible employees are entitled to a total of 12 workweeks of leave during any 12-month period (with the exception of special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period). A. Minimum Duration of Leave: If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. B. Spouses Both Employed By The City: In any case in which a husband and wife both employed by the City are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12- month period if leave is taken for the birth or placement for adoption or foster care of 397/015610-0005 , - 66 - 122106.01 a07/08/09 168 the employees' child (i.e., bonding leave). This limitation does not apply to any other type of leave under this policy. 7.25.7 Use of Leave An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. 7.25.8 Employee Benefits While on Leave For the duration of the Family and Medical Leave, the City of La Quinta will maintain its current payment for the employee's health coverage (medical, dental, prescription, and vision) under its group health plan. The City may recover its costs for these benefits if the employee fails to return to work after the conclusion of the leave. 7.25.9. Employee Notice of Leave Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as practicable that such leave will be needed. Such notice may be orally given. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute. Employees must provide sufficient information for the City to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees must also inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees may also be required to provide a certification and periodic recertification supporting the need for leave. 7.25.10 Reinstatement Upon Return from Leave A. Right To Reinstatement: Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period. 397/015610-0005 -67- 122106.01 a07/08/09 �o.� 169 If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. B. Emoloyee's Obligation To Periodically Report On His/Her Condition: Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C. Fitness For Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform his/her job, the employee must obtain and present a fitness -for -duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. D. Reinstatement Of "Key Employees": The City may deny reinstatement to a "key" employee (i.e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the work site) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City and the employee is notified of the City's intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. 7.25.11 Required Forms Employees must fill out the following applicable forms in connection with leave under this policy: A. "Request For Family or Medical Leave Form" prepared by the City to be eligible for leave. B. Certification of health care provider for employee's serious health condition; certification of health care provider for family member's serious health condition; certification of qualifying exigency for military family leave; or certification for serious injury or illness of covered servicemember for military family leave. C. Authorization for payroll deductions for benefit plan coverage continuation; and D. Fitness for duty to return from leave form. 7.25.12 Leave for School -Related Activities for a Child: An employee may be eligible for leave to attend school -related activities of a child in accordance with Labor Code Section 230.8. 7.30 ON -THE -JOB -INJURIES AND WORKERS' COMPENSATION COVERAGE: All injuries and illnesses arising out of and in the course of employment with the City, including first aid injuries, shall be reported immediately to the appropriate Supervisor. The Supervisor shall immediately notify Human Resources of the accident. Human Resources shall be responsible for 397/015610-0005 - 68 - 122106.01 a07/15/09 170 'N... 1 completing an "Employer's Report of Occupational Injury or Illness" within five (5) days of knowledge of occupational injury or illness which results in lost time beyond the day of the incident. Human Resources shall give the injured employee a Workers' Compensation Claim Form ("DWC-1") within one working day of employer knowledge. The only exception to providing a Claim Form is with respect to "first aid claims." Under California state law, any employee sustaining an injury or illness arising out of and in the course of employment may be entitled to: 7.30.1 All reasonable and necessary medical care for a work -related injury or illness; 7.30.2 "Temporary disability" payments in lieu of lost wages, commencing three (3) days after the first full day of lost time. If an occupational injury or illness is severe and requires immediate medical attention, first aid should be rendered and medical treatment should be obtained at the closest City -designated medical treatment facility. For severe accidents occurring outside the City limits, medical treatment should be obtained at the closest medical facility. Use of paramedic services is automatically authorized if the injury is life threatening. In the case of an occupational injury which requires medical attention within the first twenty-four (24) hours or develops symptoms after the first twenty-four (24) hours following the injury, the employee shall immediately notify the employee's Supervisor and the employee's Supervisor shall notify the Employee Relations Officer. If the employee has not submitted a properly completed "Employee Notification of Personal Physician" form to the Employee Relations Officer for treatment of job -related injuries prior to the date of injury, all medical treatment shall be provided through the City's designated medical service providers for the first thirty (30) days after the date of the injury. If the employee has submitted a properly completed "Employee Notification of Personal Physician" form to the Employee Relations Officer for treatment of job -related injuries, an appointment may be scheduled with the employee -designated medical service provider. The employee may also elect to treat with the City's designated medical service provider. If the employee's claim is delayed by the City's Workers' Compensation Program claims administrator to determine whether it is work -related according to the laws of the State of California, the employee is entitled to medical treatment during the pendency of the investigation, up to a maximum of $10,000. A regular employee who is unable to perform regular or modified duties because of an injury or illness arising out of and in the course and scope of the employee's duties shall suffer no loss in City pay or accrued sick leave for absence from work because of such disability. City pay is in lieu of "temporary disability benefits." Such workers' compensation salary continuation shall commence with the first full day of lost time after the employee has been placed on temporary disability for a work -related injury or illness, and the employee is not able to return to work, either on regular or modified duty, and shall conclude with: 397JO15610-0005 - 69 - 122106.01 a07/15/09 by,,,� 171 (a) the employee's return to work in a regular or modified capacity for the City or any other employer; or (b) termination of such temporary disability by the medical provider-, or (c) upon reaching a maximum medical improvement, as determined by competent medical evidence; or (d) upon the completion of twenty-six (26) weeks on-the-job injury leave, whichever comes first. Employees with injuries or illnesses that persist beyond twenty-six (26) weeks may be eligible for Workers' Compensation temporary or permanent disability payments as defined by State law. The portion of workers' compensation salary continuation that represents payment for lost time at the statutory "Temporary Disability" rate is non-taxable. While the City is not required by law to provide the following benefit, a regular employee shall not be required to use accrued sick leave for medical treatment, including doctor's appointments and/or physical therapy appointments, related to an active, accepted Workers' Compensation claim for injury or illness arising out of and in the course and scope of the employee's duties. Such leave shall be denoted as "Workers' Compensation Leave" on the employee's timesheet and shall be paid from the City's Workers' Compensation salary continuation fund. Appointments should be scheduled for the lunch hour or before or after work whenever possible to minimize the impact on the City's operations. City policy allows for regular employees unable to perform their regular or modified duties by reason of an injury or illness arising out of and in the course of their employment to integrate their accrued benefits once workers' compensation salary continuation has ceased in order to receive a sum which, when added to the amount of temporary disability payment, will result in a payment equal to such an employee's regular "take-home" compensation. City paid medical benefits will continue until the workers' compensation salary continuation has ceased (26 weeks). Except for probationary employees, an employee's anniversary date shall be extended if the employee's Workers' Compensation -related injury or illness is in excess of thirty (30) days per fiscal year. If an employee's Workers' Compensation -related injury or illness exceeds thirty (30) days per fiscal year, the employee's anniversary date shall be extended the same length of time as the injury or illness, minus the first thirty (30) days (i.e. if the employee's injury or illness is forty-five (45) days, the employee's anniversary date shall be extended fifteen (15) days). If an employee experiences a Workers' Compensation -related injury or illness while on probation, the employee's probationary period shall be extended the same length of time as the injury or illness. Such extensions of anniversary dates and probationary periods which arise as a result of this policy shall not be a negative reflection on any employee, but rather as a way to more accurately monitor employee performance. Workers' Compensation Leave and benefits, as appropriate under State law, shall be granted to an employee upon acceptance of the claim by the claims administrator, and with physician's certification of "temporary disability" status, and the employee's inability to perform regular or 397/015610-0005 - 70 122106.01 a07/15/09 it.. , , 172 modified duties. A claim denied by the claims administrator, a written statement from the treating physician indicating that the employee's condition is permanent and stationary or has reached maximum medical improvement, or separation from City service shall terminate an employee's eligibility for Workers' Compensation Leave and any applicable benefits from the City for that particular injury or illness. The employee may be eligible for other benefits under workers' compensation law. The City maintains its right to require that an employee provide regular physician's certification of work status, and see a City -designated physician on a periodic basis to determine the employee's disability status. If an employee is given work restrictions, by the physician, the City will initiate an accommodation review to determine if the employee is able to return to work with or without reasonable accommodation. The City also maintains its right to require an employee to return to work on a "limited duty" status, provided that the employee has received authorization from the City -designated physician as well as from the Employee Relations Officer and the Department Director. Such "limited duty" status must be of a temporary nature, does not have to be in the same position or department, and is subject to Employee Relations Officer approval. Additional information concerning Workers' Compensation Leave or benefits may be obtained by contacting the Employee Relations Officer. 7.35 DISABILITY LEAVE: Full time and part time (in excess of 30 hours per week) employees may be eligible for disability leave from the City for non -industrial illness or injury of a significant nature which would not be covered by the terms of Section 14.20, Sick Leave or Section 7.25, Family and Medical Leave; although these leaves may run concurrently with disability. Disability leave requires that the employee's attending physician certify that the employee is physically unable to work and indicate the estimated length of leave necessary. During said disability leave, the employee has the option of using accrued sick leave, vacation, compensatory time -off or administrative leave allowances, as well as disability pay, and thus, continuing to receive full pay. City pay will cease when all accrued allowances have been used and the employee will receive only disability pay. When an employee is on disability leave, the City shall continue its share of payment for insurance benefit premiums (i.e., health, life, AD&D, disability, vision and dental) for the employee and dependents. The City's continuation of payment of PERS retirement contributions is dependent upon the disability plan in effect at the time the disability leave is requested. Vacation time, sick leave, administrative leave, and holidays shall not accrue during a disability leave unless the employee is continuing to receive their full customary pay by utilizing accrued sick leave, vacation, compensatory time -off or administrative leave allowances. If an employee elects to receive pay for less than their full customary pay, employee benefits (other than the insurance benefits listed above) shall be pro -rated. If an employee's disability leave exceeds twelve (12) workweeks and the employee is not on paid status by virtue of continuing to utilize at least half (50%) of the hours needed per pay period to receive a full paycheck through the use of their accrued sick leave, vacation, 3971015610-0005 _ - 122106.01 a07/15/09 ',,,• •' 17 3 pay period to receive a full paycheck through the use of their accruals, the employee will be required to personally fund their medical premium payments if the employee wishes to retain group health insurance coverage. M. Attendance and Payroll records of employees on VLTP shall denote a "DL," standing for Donated Leave, for time paid to employee while on this program. N. No sick leave, vacation leave, holiday credits, administrative leave, comp time, deferred comp, PERS or any other applicable benefits shall accrue to receiving employee for any hours provided to donee through the VLTP. O. Vacation leave donations or comp time shall in no way affect or modify the receiving employee's employment. status with the City, nor shall it affect or modify the application of applicable City policies, rules and ordinances. P. Employees on VLTP who remain on an authorized unpaid leave of absence after FMLA is exhausted may continue to receive assigned donated vacation leave and comp time from other regular City employees until the employee returns to work, is terminated, or meets the maximum hours under Section U, below. Q. Availability of donated vacation leave or comp time shall in no way delay or prevent the City from taking action to medically separate or disability -retire an employee. R. Employees on VLTP may use accumulated donated vacation and comp time, in accordance with Personnel Policy 14.20.1 (Use of Sick Leave), after returning to work. S. The recipient employees must be unable to work in any capacity as a result of a serious injury or illness to the employee or a member of their immediate family in order to be eligible to receive donations under the VLTP. T. The total amount of hours donated to any individual shall not exceed two hundred forty (240) hours in any calendar year. U. Only the recipient employees for whom the VLTP has been established may receive donated hours from said plan. Such donated hours will be added to the employee's sick leave balance, as needed. V. The plan will be administered so that hours will be used only as needed and in the order donated. 14.20 SICK LEAVE: Sick Leave shall be allowed only in case of necessity and actual sickness or disability of the employee and employee's dependents (as "dependent" is defined in Section 1.25.15.1 of these Personnel Policies). Sick Leave is not an earned right to time off from work. If an employee is to be absent from work due to illness or other allowable reason, the employee must notify the Supervisor by telephone within the first half hour of normal reporting time, or earlier if possible. 397/015610-0005 - 95 - 174 122106.01 a07/08/09 An employee's preventative medical and dental appointments (within reason) and dependent care ("dependent" is defined in Section 1.25.15.1 of these Personnel Policies) are acceptable uses of sick leave. The City's policy for Sick Leave accrual and "buy-back" is as follows: 14.20.1 Use of Sick Leave: Sick Leave shall be used for illness, off -duty, non -work connected injury, physical examination, including eye examinations, dentist appointments, or other commonly accepted health related matters. 14.20.2 Eligibility: All full-time regular employees are eligible for Sick Leave after completing three (3) months of service. At which time sick leave, in an amount which would have been earned during the first three (3) months period, will be credited to the employee's Leave Account in a lump sum and is available for use. 14.20.3 Number of Days Sick Leave Allowed: The employees shall be credited with one (1) day per month of work, or major fraction thereof. 14.20.4 Sick Time Pay Back: A. City agrees to provide Sick Leave pay back upon employee's termination, as follows: 2 to 5 years service 25% 5 to 10 years service 50% 10 years service and up 75% B. A maximum Sick Leave accrual of thirty (30) days shall be established. After the maximum accrual of Sick Leave has been reached, at the end of each fiscal year employee shall be reimbursed for the number of Sick Leave days that would have been accrued and unused above the maximum during the fiscal year, according to the formula used for Sick Leave pay back upon employee termination, as above. The sick time pay back will be included in the second payroll check of December. C. City agrees to provide short-term disability insurance coverage. The actual terms and benefits of the City's Disability Leave are governed by the disability insurance program in effect at the time the disability leave is requested. 14.20.5 Filing Statement of Cause: An employee who is absent because of illness may be required to file a written statement describing the illness or reason for absence, which then must be approved by the Employee Relations Officer. If an absence because of illness or disability extends beyond three (3) consecutive work days, the employee may be required to file a statement from the employee's physician. 14.20.6 Effect of Absence on Sick Leave: Absence due to Sick Leave or other approved Leave of Absence will not affect computations for sick leave unless such absences exceed one (1) month, in which case that month, or more, shall be excluded from computation. 3971015610-0005 - 96 - 122106 01 a07/08/09 `,o'• 175. 14.20.7 Temporary and Seasonal Employ shall not accrue paid sick leave, but may take leave without pay as approved by their Supervisors. 14.20.8 Regular Part -Time Employees who work at least thirty (30) hours per week shall accrue paid sick leave, pro -rated calculated by the number of hours worked as a percentage of a forty (40) hour workweek. Employees in this category may accrue up to 22 days of sick leave. Sick time pay back shall be calculated pursuant to Section 14.20.4. 14.21 KIN CARE LEAVE (a) An employee may use in any calendar year the employee's accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employee's then current rate of entitlement, to attend to an illness of a child, parent, spouse, or domestic partner of the employee. All conditions and restrictions placed by the City upon the use by an employee of sick leave also shall apply to the use by an employee of sick leave to attend to an illness of his or her child, parent, spouse, or domestic partner. This section does not extend the maximum period of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2606 et seq.), regardless of whether the employee receives sick leave compensation during that leave. (b) As used in this section: (1) "Child" means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis. (2) "Parent" means a biological, foster, or adoptive parent, a stepparent, or a legal guardian (3) "Sick leave" means accrued increments of compensated leave provided by the City to an employee for use by the employee during an absence from the employment for any of the following reasons: (A) The employee is physically or mentally unable to perform his or her duties due to illness, injury, or a medical condition of the employee. (B) The absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the employee. (C) The absence is for other medical reasons of the employee, such as pregnancy or obtaining a physical examination.. "Sick leave" does not include any benefit provided under an employee welfare benefit plan subject to the federal Employee Retirement Income Security Act of 1974 (Public Law 93-406, as amended) and does not include any insurance benefit, workers' compensation benefit, unemployment compensation disability benefit, or benefit not payable from the employer's general assets. 1425 BEREAVEMENT LEAVE: Employees shall be allowed three (3) days Bereavement Leave in the event of death of an immediate family member as defined in Section 1.25.5 1. 397/015610-0005 - 97 - 122106.01 .07/08/09 `"... .176 EXHIBIT 4 Revised 7-09 CITY OF LA QUINTA Computer Loan Program Criteria The following criteria apply to the Computer Loan Program for the City of La Quinta, California: ELIGIBILITY All full-time employees who have completed probation are eligible. This is strictly a volunteer program and the employee will use their own time and expense in order to participate. Also, program parameters such as the maximum loan amount, interest rate and scope of the program, will be evaluated on an annual basis. SCOPE The City has adopted a Windows XP operating system. All computers and other hardware must be compatible with the Windows operating system to be eligible. The following items are included: Computers, printers, modems, monitor, scanner, backup devices, hard drive, CD Rom drives, surge protector, speakers, battery backup, upgrading current equipment, including memory, CPU motherboard components and warranty costs for up to a one year period. Software that is commonly used at the City is eligible. Normal installation costs and sales tax are also included. The following items are not included: Software (not included as loaded software in the computer purchase unless commonly used at the City) and Internet software and service charges. The City Manager may approve items not included within the scope of this section. FREQUENCY Two drawings will be held each fiscal year on July 31 and January 31. After an employee has participated in the program, the employee will not be eligible again until all loans are repaid in full and for the next twenty four (24) months after the date of their previous drawing. Page 1 of 5 177 Revised 7-09 AMOUNT OF LOAN A maximum of $1,750 will be reimbursed to the City within 2 years. In the event that an employee is eligible to receive the entire $1,750 and spends less, the remaining amount cannot be carried over to the next year. For example, if an employee receives approval to spend up to $1,750 and only requires $1,000, the remaining amount of $750 cannot be loaned in future years. Loans are awarded based on the availability of funds. INTEREST RATE The interest rate is five percent (5%) per year simple interest payable in 26 or 52 equal installments from the nearest payroll date of the loan. A $1,750 loan would be repaid in accordance with Attachment No. 1. Early payoff of loans will be for the outstanding principal at the next payroll date after notification. SELECTION PROCESS Eligible employees must submit a Intent to Participate form by July 31" and January 31" of each year, subject to available funds. Employees will be grouped into two classes - New Participants and Repeat Participants. A separate drawing will be held for each class. New participants have priority over repeat participants. Repeat participants are not eligible for a drawing until 24 months from their previous drawing have passed and all loans are repaid. Any participant who has defaulted on a previous loan is ineligible for future loans. The Personnel/Risk Manager will conduct a duly witnessed random blind drawing to determine the selection order of eligible employees. The first name drawn will be the first in the selection process and will continue until available funded slots are filled. A list of each employee participating in the program and the order selected will be compiled and will be available on request. Employees have sixty days to complete their purchase from the date of the drawing or when they become eligible, if later. Each year the City will determine the amount that may be loaned for the Computer Program. No carryover of unused funds to the next fiscal year is allowed. As an example, 16 employees apply for the program but only 15 employees apply by July 3151. Only 15 employees are eligible for the drawing. The 161h employee may apply at the January 31 drawing. If the City determines that it can fund $17,500 or (10 x $1,750) 5 employees will initially not be eligible for the program. A random drawing is held and 10 numbers are ranked from 1 - 10. The 10 employees purchase their equipment and they do not spend their entire allocation leaving $3,500. The remaining $3,500 would be assigned to employees 1 and 2 at the January drawing. Page 2 of 5 178 Revised 7-09 EMPLOYEE RESPONSIBILITIES The employee is responsible for application to the Computer Loan Program by July 315L and January 31" of each fiscal year. The employee is responsible for purchasing the equipment within sixty days of award, handling vendor complaints, and maintaining service of the equipment. The computer equipment will be purchased by the employee in the employee's name. The City's only role is to provide loans for the purchase and the collection of the loan. The City loan is for the purchase of computer equipment and eligible software with payment by the City for its portion made payable to the computer vendor and not to the employee. The City will give the check payable to the vendor to the employee. If the employee purchase is for more than the City loan amount, the employee is responsible for the difference. The City will not be responsible for any difference nor will it cosign for any loans. In addition, no City purchase order may be used for any purchase nor may any employee verbally or in writing represent that the City is purchasing equipment for its use. If the purchase price is greater than $1,750, the employee must make arrangements with a vendor to accommodate this method of payment. Prior to any payments being made, the employee must submit a sales quote for the items being selected to the Human Resources/Risk Manager. After being reviewed for eligibility, the employee will be notified of any items not qualifying under the Program. After the sales quote has been reviewed and modifications made, a check to the computer vendor will be produced. The vendor check will be given directly to the employee. The employee will then produce a final invoice to the Finance Director evidencing the transaction. The City will not make a loan if the previously described steps have not been complied with. For instance, the City will not reimburse an employee after a purchase has been made by the employee. REPAYMENT The employee will sign a slip authorizing withholding of the principal and interest amount from future paychecks. Employees who leave the City service before the loan is repaid will pay the remaining principal and interest in their final paycheck. If the loan amount exceeds the final paycheck after all other withholdings are made, the employee will pay the remaining principal amount due with personal funds within one week of leaving City service. It is the employee's responsibility to make payment. If such payment is not made within seven days, the employee is deemed to have defaulted on the loan. The City will commence actions it deems necessary to collect on the remaining loan. Interest will Page 3 of 5 179 Revised 7-09 continue to accrue after default until repaid in full. Interest may accrue past the two- year term of the loan if still in default at the end of the second year. The City may turn the defaulted loan over to a collection agency, Small Claims Court, City legal resources or other measures necessary for collection. The City will attempt to recover any costs expended on collecting the loan from the employee. VENDOR SELECTION The City has not specified one particular vendor nor does it recommend a particular vendor. The employee is responsible for selecting a vendor and negotiating the price, warranty and other terms of the purchase. The City will only pay for up to one year of warranty costs if the employee has an interest in this area. Those items are listed in the Scope Section of this Policy. The employee is responsible for any mailing and service charges not covered by any warranties. USE OF COMPUTERS The City does not restrict the use of this equipment to its employees. The City encourages employees to use the computers. Employees may not claim hours worked at home. The City's only criterion is that the computers remain in the employee's residence during the term of the loan and be Windows XP compatible. If the equipment is returned or sold before the end of the loan, the outstanding principal and any accrued interest to the next payroll date are due and payable. If the loan amount exceeds the paycheck, the repayment process described previously will be followed. EARLY DUE DATE OF LOAN The loan is for a two-year period unless the following events occur in which case the principal and interest is due to the next payday: Sale of the Computer Moving the computer from the residence Return of equipment to the vendor ATTACHMENT The attached form will be used to document the transaction. Page 4 of 5 I O 0 '".. 1 U Revised 7-09 CITY OF LA QUINTA COMPUTER LOAN PROGRAM EMPLOYEE NAME (Please print) DATE: SUPPORTING DOCUMENTATION: SALES QUOTE $ (Please attach all documentation) AMOUNT OF AUTHORIZED LOAN $ I have received and read the Computer Loan Policy of the City of La Quinta and hereby authorize the City to withhold the following amount from my paycheck for the number of pay periods indicated in the following table: Number of Pay Periods: (Please circle) 26 1$ 1; 52 ($ Employee Signature Date: Finance Director Sign or PLEASE RETURN TO THE HUMAN RESOURCES/RISK MANAGER Page 5 of 5 181 TAt,r44QaArw COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Approval of a Request for Proposal (RFP) to obtain Professional Engineering Services to Prepare the Plans, Specifications and Engineer's Estimate (PS&E) of Probable Construction Costs for the New Traffic Signal and Street Improvements at Dune Palms Road and A Street, Project No. 2009-10 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1a_� STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the new traffic signal and street Improvements at Dune Palms Road and A Street, Project No. 2009-10. FISCAL IMPLICATIONS: The following is the project's funding and funding sources: Transportation DIF: Developer Funding: RDA Project Area Number 2 RDA Project Area Number 2 Low/Mod Total Funding The following is the anticipated project budget: Construction: Design: Inspection/Testing/Survey: Professional: Administration: Contingency: Total Estimated Expenditures: $215,000 $215,000 $500,835 $500,835 $1,431,670 $970,425 $112,200 $100, 795 $79,950 $56,100 $112,200 $1,431,670 182 As illustrated, adequate funding is available to support Staff's recommendation. CHARTER CITY IMPLICATIONS: The project is partially funded with Redevelopment Agency (RDA) Project Area Number 2 Funds. The project will be advertised as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The project is located on Dune Palms Road at the entry to Sam's Club. The proposed improvements include the installation of the new traffic signal, modifications to the Sam's Club entry driveway, and an approximate 275 linear foot street extension ("A" Street) which will service as the entrance to the Redevelopment Agencies (RDA) property and the Desert Sands Unified School District's (DSUSD) parking lot to the east. On April 15, 2008 the City Council adopted Resolution 2008-023 approving the Fiscal Year 2008-2009 through 2012-2013 Capital Improvement Program (CIP). The new traffic signal at Dune Palms Road and Retail Center (Sam's Club) is included within the adopted CIP and scheduled for funding during Fiscal Years 2008/2009. On April 21, 2009 the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-/2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). "A" Street is included within the adopted CIP and scheduled for funding during Fiscal Years 2009-2010. The RFP to obtain professional engineering services to prepare the PS&E for the new traffic signal and street improvements has been prepared and is ready for distribution to qualified consultants. The consultant selection process outlined within City Resolution No. 2005-096, adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-096, the guidelines for major services will be followed as the estimated cost may exceed $50,000. The City Manager intends to appoint a consultant selection committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Bryan McKinney, Engineering Services/CIP, Principal Engineer, and Nick Nickerson, Project Manager. If the City Council wishes to appoint a different committee, the committee would be subject to the Brown Act unless the committee consists solely of two council members. 183 Contingent upon City Council authorization to distribute the RFP (Attachment 1) on July.21, 2009, the following is how the project schedule: Issue RFP Proposal due date Recommendations to City Council Project design (9 months) FINDINGS AND ALTERNATIVES: July 23, 2009 August 24, 2009 September 15, 2009 September 2009 — July 2010 The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposal to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the New Traffic Signal and Street Improvements at Dune Palms Road and A Street, Project No. 2009-10; or 2. Do not authorize staff to distribute a Request for Proposal to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the New Traffic Signal and Street Improvements at Dune Palms Road and A Street, Project No. 2009-10; or 3. Provide staff with alternative direction. Respectfully submitted, Timo6y R. Jonasson, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal 184 ATTACHMENT 1 FCF`y OF T'9� CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES NEW TRAFFIC SIGNAL AND STREET DESIGN DUNE PALMS ROAD AT A STREET The City of La Quinta ("City") requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E) for a new Traffic Signal and Street Design at the intersection of Dune Palms Road and A Street, Project Number 2009-10. General Design Parameters The design consultant will be responsible for preparing plans, specifications and an engineer's estimate for a new traffic signal and new street, curb and gutter, median curbs and sidewalk east of Dune Palms Road and the design of improvements to widen the exit roadway from Sam's Club. The intersection and street design shall generally conform with the attached sketch SK-1 . The proposed roadway design will include widening the exit road from Sam's Club to accommodate a 13' wide eastbound through and left turn, and a 16' wide right turn lane. The design of the new street on the east side of Dune Palms Road will include a 21'-wide eastbound lane, tapering to 16' at the Desert Sands Unified School District (DSUSD) property. The westbound lanes will include an 18' wide through and right turn lane and a 12' wide left turn lane. The new roadway will connect to the existing access road on DSUSD property as shown on SK-1. Other elements of work include the design of a new sidewalk on the north side of the new street and the preparation of signing and striping plans. Easements for the new street will be required and the preparation of right-of-way data sheets is a part of this contract. The traffic signal design will require a signal warrant analysis. If the signal is determined to be warranted, the design consultant will be responsible for preparing the project plans, specifications and providing an itemized engineer's estimate. Consultant will be responsible for preparing the bid schedule, bid item descriptions, payment methods, and technical provisions. Samples of these specification documents are available for review within the City Public Works/Engineering Department. The City will prepare remainder of the project bid documents. :,,... ; 185 Paae 1 of 6 Services Requested Services and products to be rendered in performing all work associated with project development will include, but may not be limited to: • Perform appropriate engineering related field survey, and prepare the base map. (The base map will include existing property lines, all utilities and potential obstructions.) • Perform utility coordination, identify points of connections, and obtain clearances. • Identify potential right-of-way impacts on appropriate preliminary geometric layout plans and prepare Right -of -Way Data Sheets to allow the City to obtain appropriate easements for the new street. It is anticipated that the self storage property to the north and the Desert Sand Unified School District to the south will require easements for permanent access for the new street. • Perform appropriate engineering study and prepare signal warrant analysis. • Coordinate new street design with Desert Sands Unified School District and other impacted property owners. • Prepare project plans, specifications and engineer's estimates of probable construction costs. • Plans will likely include Title Sheet, Traffic Signal Plan, Roadway Plan and Profile, Dune Palms Road median curb, Signing and Striping Plan, 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, and any specification detail sheets or standard plans. • Project coordination will include an appropriate number of meetings with City staff, Desert Sand Unified: School District and other impacted property owners. The consultant may be required to attend a City Council meeting. 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 (RFI) and provide clarification of questions relating to its plans during the construction phase. 'i,... 186 Paae 2 of 6 Project Development Process 1 . Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1" Review - Concept Review and Right of Way impacts. (2) 2"d Review — Easement Documents (3) 3rd Review - 85-90% Check Plans & Specs (4) 4`" Review - 100% Check Plans, Specs, & Engineer's Estimate (5) 5`h Review - Preliminary Final (screen check) B. Staff approved PS&E will be submitted to the City Council for approval. C. 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 BFI's and responding to contractor requests for clarification. 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. 187 Paae 3 of 6 Proposal packages are to be submitted to the City on/or before August 24, 2009 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Bryan McKinney, P.E., Principal Engineer City of La Quinta Public Works/Engineering Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 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. 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 'I'.. 188 Paae 4 of 6 September 21, 2009 as the start date. 2. Cost Proposal (envelope 2) - submit 2 copies 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 Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the Professional Services Agreement presented as Attachment 2. :o... 189 Paae 5 of 6 CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES NEW TRAFFIC SIGNAL AND STREET DESIGN DUNE PALMS ROAD AT "A" STREET The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for the Traffic Signal Improvement and Street Design at the intersection of Dune Palms Road and "A" Street, Project Number 2009-10, 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 defined in our proposal. Prime Consultant Date Signed Paoe 6 of 6 190 Y H N H a W 2F W W W 0 N O a 0 I cc d W Q W � Q m LL Q O O oa°Cz V a n za0 m W a z vpLi. LL Q 191 a f� �G,no • F Z `y OF 1NF' COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Approval of a Request for Proposal (RFP) to Obtain Professional Engineering Services to Prepare the Plans, Specifications and Engineer's Estimate (PS&E) of Probable Construction Costs for the Washington Street Widening Improvements, Project Number 2008-18 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Washington Street Widening Improvements, Project Number 2008-18. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: Proposition 1 B Streets and Roads Program $610,888 Total Funding Available: The following is the anticipated project budget: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $45,370 $44,235 $453,700 $22,685 $44,898 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is partially funded with Proposition 1 B Local Streets and Roads Funds. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvements will be constructed on the east side of Washington Street from Avenue 50 north approximately 600 linear feet. The project includes the addition of a third northbound travel lane, curb and gutter, 6' striped bike path, 6' behind the curb sidewalk, and relocation of 4 power poles. In addition, the engineering effort will include the design of the north half of Avenue 50, between Washington Street and the Evacuation Channel. The improvements on Avenue 50 will include a striped median, second westbound travel lane, curb, gutter, and 6- foot curb adjacent sidewalk. The Avenue 50 improvements may or may not be recommended for construction depending on funding availability. The project may also require the acquisition of right-of-way. Staff is researching the right-of-way requirements for the proposed improvements and will take the appropriate steps to secure the right-of-way if it is determined to be necessary. On December 16, 2008, the City Council approved the inclusion of the Washington Street Improvements within the City's Fiscal Year 2008-2009 Capital Improvement Program (CIP) and appropriated $610,888 from the Local Proposition 1 B Streets and Roads Program. Shortly after the December 16, 2008 action, the State advised the City that the Local Proposition 1 B funds were delayed due to the State budget crisis and that the 1 B funds assigned to new projects would be delayed. The Local Proposition 1 B funding assigned to the Washington Street Widening Improvements has now been released by the State and has been received by the City. The RFP to obtain professional engineering services to prepare the PS&E for the Washington Street Widening Improvements has been prepared and is ready for distribution to qualified consultants. The consultant selection process outlined within City Resolution No. 2005-096, adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-096, the guidelines for major services will be followed as the estimated cost may exceed $50,000. The City Manager intends to appoint a consultant selection committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Bryan McKinney, Engineering Services/CIP, Principal Engineer, and Nick Nickerson, 193 Project Manager. If the City Council wishes to appoint a different Committee, the Committee would be subject to the Brown Act unless the Committee consists solely of two council members. Contingent upon City Council authorization to distribute the RFP (Attachment 1) on July 21, 2009, the following is how the project schedule: Issue RFP July 23, 2009 Proposal Due Date August 25, 2009 Recommendations to City Council September 15, 2009 Project Design (4 months) September 2009 — January 2010 f 3f►�f7I� C�'IJ►�I7e�i �:1��11 The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Washington Street Widening Improvements, Project Number 2008-18; or 2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Washington Street Widening Improvements, Project Number 2008-18; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. JoV(ason,P.E. Public Worksctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 194 Attachment: 1. Request for Proposal ��. 195 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES WIDEN WASHINGTON STREET NORTH OF AVENUE 50 PROJECT NO. 2008-18 The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for Project 2008-18, Widen Washington Street North of Avenue 50. Project Description: The purpose of the project is to construct a new, third northbound lane on the east side of Washington Street north of Avenue 50. The new north bound lane will be approximately 12' wide and 600' long with curb, gutter and a 6-foot wide, curb - adjacent sidewalk. The new curb and gutter will connect to the existing curb return at Avenue 50 and to existing curb and gutter to the north. The portion of Washington Street reconstructed during this project will be re -striped to match the existing lanes north of the improvements. Completion of the project will require relocating five (5) existing overhead power poles. The pole relocation will be completed by the Imperial Irrigation District (IID)• Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: Perform appropriate engineering related field survey, and prepare base maps; Perform utility coordination and obtain clearances. The Consultant will be required to assist the City with coordinating the power pole relocation by IID and to provide its utility coordination documentation to the City at the conclusion of design; Prepare project plans, specifications and engineer's estimates of probable construction costs for the proposed improvements: o Project plans shall be prepared at 1 " = 40' scale. Profiles shall be at 1 " = 4' scale. 196 o Project Specifications and Bid Documents will likely include a detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, geotechnical report, and any specification detail sheets specific to the project. • Consultant coordination will include an appropriate number of meetings with City staff and possibly IID. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre - bid meeting and will respond to contractor request for clarification or information during the bid process. • Consultant will assist the City during the bid and construction phases by responding to Requests for Information (RFI) and provide clarification on its plans as necessary. Project Development Process 1. Pre -Design Meeting The pre -design meeting is an initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should anticipate 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. Staff approved PS&E will be submitted to the City Council for final approval. 197 C. 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 technical support during the bidding and award process. 4. Construction Phase The consultant will be expected to provide technical support during the construction phase. This work objective will include the review and response to Requests for Information (RFI) and/or contractor questions. 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 Tuesday, August 25, 2009 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Bryan McKinney, P.E., Principal Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: �... 198 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. B. Statement of Qualifications (11 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 A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting September 21, 2009 as the start date. The City Council meets the 1 t and 3rd Tuesday of each month. The project schedule should include all approvals expected during the project period. 199 2. Cost Proposal (envelope 2) — submit 2 copies The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each defined task and/or sub -task. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. »,.. 200 CITY OF LA QUINTA COST PROPOSAL SHEET PROFESSIONAL ENGINEERING AND DESIGN SERVICES WIDEN WASHINGTON STREET NORTH OF AVENUE 50 PROJECT NO. 2008-18 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for Project No. 2008-18, Widen Washington Street north of Avenue 50 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 201 F CF`N OF COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Approval of a Professional Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2009-2010 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement ("Contract") with the La Quinta Chamber of Commerce for Fiscal Year 2009-2010, and authorize the City Manager to execute the Contract. FISCAL IMPLICATIONS: The City of La Quinta Fiscal Year 2009-2010 Budget, approved by the City Council on July 7, 2009, contains funds for the La Quinta Chamber of Commerce contract in the amount of $150,000 (Account #101-1003-413.33-02). The Chamber would receive equal payments each quarter. In previous years, the Chamber has invoiced the City at the end of each quarter; this year, the Chamber has requested payment at the beginning of each quarter, which is reflected in the attached Professional Services Agreement. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Chamber of Commerce Contract are consistent with this objective. BACKGROUND AND OVERVIEW: The City has been entering into an annual contract services agreement with the La Quinta Chamber of Commerce since Fiscal Year 1991-1992. In preparation for continued services during Fiscal Year 2009-2010, the Chamber of Commerce submitted a Contract for Services Proposal which requested a contract sum of $196,000. The City Council reviewed the Chamber's proposal at its meeting on the Fiscal Year 2009-2010 Preliminary Budget, and authorized a contract amount of 202 $150,000. The Chamber resubmitted its Contract for Services Proposal (Attachment 1) to reflect the new contract amount. Accordingly, staff has prepared a Professional Services Agreement (Attachment 2) between the City of La Quinta and the La Quinta Chamber of Commerce►, which includes the following services: Business Retention and Promotion $ 25,000 . The Gem Community Newsletter $1 10,000 . The Visitors Center $ 10,000 . Annual Audit/Financial Review $ 5,000 More detail is provided in the Professional Services Agreement, Attachment 2, Exhibit A, "Scope of Services." The Chamber will provide quarterly written reports detailing the progress and results of the above -listed Chamber services. On July 7, 2009, the City Council held a study session to discuss possibly combining the Chamber's Gem publication and the City's newsletter. The Council's consensus was to keep the publications separate, but reduce the number of issues to save money. In its proposal, the Chamber plans to publish at least ten issues of the Gem, and may produce additional issues if it's economically viable to do so. Per City Council policy, the Chamber is to submit a full audit every three years, and an annual financial review in intervening years. The Chamber has submitted its financial review for fiscal year 2007-2008. According to the Chamber's outside accountant there are no major findings in the financial review A full audit will be required for fiscal year 2008-2009. A copy of the Chamber's draft 2009-2010 budget is included as Attachment 3. In an effort to reduce costs, the Chamber has implemented several measures, including: staff furloughs of one day per pay period; not filling an open staff position; issuing Request for Proposals for contract services to obtain better pricing (e.g., website design, insurance, etc.); and reviewing all budget items. Approval of the Contract will allow the Chamber to implement various activities and programs within the areas indicated above during Fiscal Year 2009-2010. -•� 203 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2009-2010 and authorize the City Manager to execute the contract; or 2. Do not approve a Professional Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2009-2010; or 3. Provide staff with alternative direction. Respectfully submitted, I KaVV Douglas R. jOans, Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Chamber of Commerce Contract Proposal 2. Professional Services Agreement 3. Chamber of Commerce Draft Budget for Fiscal Year 2009-2010 �.., 204 79-275 Ca1le Tampico #B • La Quinta CA 92253 ATTACHMENT I Phone: (760) 564-3199 • Fax: (760) 564-3111 July 10, 2009 To: Tom Genovese, City Manager, City of La Quinta Cc: Thomas McDermott, Chair of the Board, La Quinta Chamber of Commerce From: David S. Archer, President/CEO, La Quinta Chamber of Commerce Re: 2009-2010 City -Chamber Contract for Services Proposal Thank you for the opportunity to submit a proposal to continue to partner with the City of La Quinta for the following services: Items Discussed Below: ❑ Contract for Services 1. Business Retention and Promotion 2. The GEM Community Newsletter 3. The Visitor's Center 4. Annual Financial Review Total Amount: $150,000.00 Our request for City funding for the fiscal year 2009-2010 is $150,000.00, with a payment schedule reflected as follows: July 29, 2009 $37,500.00 October 29, 2009 $37,500.00 January 29, 2010 $37,500.00 April 29, 2010 $37,500.00 The Chamber will continue to provide quarterly reports prior to these dates as we have done in previous terms. We appreciate the opportunity to submit this proposal and look forward to continuing to provide these services for the City of La Quinta for the benefit of current and prospective residents and businesses. e»�.mm , » Iqchmbmmm The Voice of Business 205 Key Statistics: La Quinta Chamber of Commerce Membership by City a of Jun. 200 a'. M.mbn wan %BYSe ` 1% a% La Quints Chamber of Commerce Memberships Dropped by industry July 08 - May ee ne hl 1 - % — Prnxave..Nm.Se�Mwe cauni % P ' M m i% IG m .auur5%r Mi u%Lw He tiY Ceum t�-'��1q\�� eaY i�ouni p1]% 13% h unt rn..oam ix 1x Eaa. co.m Ee.w %1co„ n 4 La Quince Chamber of Commerce M.mb.nhip ♦etlee by Ifeu., Jut, W . May t]y Mnmbn .MMavi Es ]B% .u" 1% P�olessbwl ee�nc.s 11% 206 The areas of service to be provided under the proposed Contract for Services are defined as follows: 1. Business Retention/Promotion and Economic Development $ 25,000 There are several key areas that The Chamber will focus on as it pertains to Business Retention/Promotion and Economic Development; Village Businesses, Member Retention, New Members, Member Communications, and Events. Village Businesses — As discussed in The City of La Quinta's Economic Development Plan, the Chamber will, over the course of the next year, call upon 100% of the businesses located in the "Village" area to discuss how their business is doing, what challenges they are facing and required support from the Chamber and/or the City of La Quinta to sustain in these tough economic times. While a number of the current events are held in the Village, the Chamber will continue to seek/develop opportunities to host supplementary events and gain synergies by coordinating complimentary events within the Village. An example might be a "Village" restaurant offering special pricing or dinner package for patrons of a Library or La Quinta Playhouse event. ❑ Metric/Reporting - The Chamber will report in writing its findings regarding total number of businesses in the Village Area, number contacted, noted concerns/challenges, action taken for improvement, and additional event opportunities in its quarterly report to the City. Reports will be developed over the first quarter in conjunction with City Staff and available information as appropriate and will be refined throughout the year. Member Retention — While the Chamber employs various means for member retention, there will be an added focus on the information regarding member's needs and feedback ascertained through, the outbound call campaign, general surveys via mail or internet done as frequently as appropriate, and event specific surveys. Additionally, information derived from the normal sales process and follow up will be included in the information to be analyzed and reported upon. Survey questions will be developed based upon existing information requirements and customized as appropriate. ❑ Metric/Reporting - The Chamber will compile all information gathered from each source in a spreadsheet and report on the comments and suggestion and actions taken for improvement. Reports will be developed over the first quarter in conjunction with City Staff and available information as appropriate and will be refined throughout the year. . New Members — As it pertains to New Members, the Chamber will allocate the necessary resources to make contact with the remaining 1,200 non -Chamber businesses within the City limits as discussed above in the "Village Businesses" section. While there will be a slight overlap the tactic is the same, to discuss how their business is doing, what challenges they are facing and required support from the Chamber and/or the City of La Quinta to sustain in these tough economic times. Additionally, the Chamber will analyze current events and endeavor to create programs and events to engage the "New Member" and stimulate the economy. ❑ Metric/Reporting - The Chamber will report in writing its findings regarding total number of businesses contacted, noted concerns/challenges, actions taken for improvement, and additional event opportunities in its quarterly report to the City. Reports will be developed over the first quarter in conjunction with City Staff and available information as appropriate and will be refined throughout the year. Member Communications — One of the most important areas of improvement the Chamber will undertake is in the area of communication, specifically its website which is a primary communication tool. Over the course of the first quarter the Chamber will revitalize and revamp the website and will continue to utilize social networking tools such as, You Tube, Face Book, Twitter, Linked In, and others as appropriate. Our website draws about 260,000 visits each year. We offer links to the City, members who participate, and other points of interest in La Quinta. The La Quinta Chamber of Commerce continues with its radio campaign that is aired on Six Radio stations in the valley and promotes upcoming events, highlights the Chamber, and a number of spots are directly promoting the City. Our promotional spots run over 20 times a week on each of the six local stations and are valued at over $150,000 as an in -kind agreement. Methods of Communication — Email Blasts, The GEM, www.lgchamber.com, City Map and Business Directory, Radio and Time Warner Cable for the Band of Locals, and Mid -month Mailer. ❑ Metric/Reporting - The Chamber will continue to report on in writing its website traffic and will include in the other means of communications from a statistical perspective, i.e. number of "followers" on the sites, traffic, etc. Reports will be developed over the first quarter in conjunction with City Staff and available information as appropriate and will be refined throughout the year. Events — As it pertains to events the Chamber will continue to monitor the events and seek refinements to enhance the overall member experience. A number of new events/programs have begun and will be updated as necessary such as, the Band of Locals, Charity Golf, and the Concourse De Elegance. From an economic development perspective the Band of Locals program was designed to stimulate the local economy. A discount wrist band (Lance Armstrong) whereby the "Band Member" (Chamber Member) offers the "Band of Locals" (Consumer) a discount for the summer months and will be considered for extension as appropriate. This will be promoted in the GEM, Social Networking, Time Warner Cable, and by various media outlets. List of Events- The Breakfast Network/Donuts w/David, The Power Lunch, Where's Gamby?, Member Pot -Luck, Annual Rod & Custom Car Show, The I I1h Annual ..�. 20`8 Mayor's Cup Golf Challenge, The Mayor's Luncheon, City Picnic and Birthday Party, The Education Committee, Member Services Committee, Legislative Committee, and Events Committee. Additionally, the Chamber will continue support local events such as the Bob Hope Classic, and encourage member businesses to participate. Metric/Reporting - The Chamber will continue to report in writing on the number of attendees and the viability of continuing/adding events. Additionally, the Chamber will survey businesses regarding the financial impact on their businesses of these events. Reports will be developed over the first quarter in conjunction with City Staff and available information as appropriate and will be refined throughout the year. 2. The GEM Newsletter $110,000 The GEM is the only Chamber/City newsletter in the Valley distributed to each resident, Chamber member, and non -Chamber business in La Quinta every month of approximately 23,000. Feedback continues to indicate high readership and informative content. Additionally, the Publications Committee continues to oversee, enhance, and review the GEM's content and format. New feature articles and content are being considered to broaden the GEM's appeal. Articles like "How to Play Hole #1 at SilverRock" and each subsequent hole give readers something to look forward to for the coming months. Our intent is to keep the GEM fresh with new ideas for the Committee. As a benefit to new members, they are featured in the GEM announcing their membership to all the readers. ❑ Metric/Reporting - The Chamber understands the City Council's perspective regarding the number of publications of the GEM and will produce at least ten issues and where economically viable may produce additional issues as appropriate and in support of the Chamber members who view this production as its main advertising. The Chamber will report on the number produced and tracking of the production expenses. Additional reports may be included as appropriate. 3. The Visitor's Center $ 10,000 The Visitor Center, located within the Chamber office, continues to draw people down Washington Street from Highway 11 1. Folks are encouraged to visit with the Chamber Team and have a cup of coffee or on occasion have home baked cookies on Friday. We strive to make the center as user-friendly as possible with brochure racks and business card racks. We continue to receive well over 5,000 phone calls and approximately 800 visitors per year. ❑ Metric/Reporting — Currently the Chamber is examining its phone system and its tracking capabilities and will include such reports as appropriate and if/when available. The Chamber will continue to report on the number of visitors to the Chamber office, number of phone calls received, and provide samples of questions received and information requested. Additional reporting will be added as appropriate. 1" 209 4. Annual Financial Review $ 5,000 The Chamber understands the importance of its fiscal responsibility and is working constantly to ensure our books are in order. While there has been some delay in third party review in the past, the Chamber will initiate the most recent Fiscal Year End Audit during the second quarter or at a time agreed to by the auditors to allow sufficient time for completion by the Calendar Year end. Additionally, we proactively evaluate our processes and procedures to ensure the Chamber receives fees in a.timely manner and payables are filled as appropriate. Additional Items for Consideration As an ongoing process and in the spirit of information sharing with the City, the Chamber has several regularly scheduled meetings outlined below. There is a bi- monthly meeting with the appointed member of the City Council whereby City Staff and Chamber Team Members discuss key issues affecting the City. Commercial and residential development, capital improvement projects, Chamber operations/activities, and Member issues are a few of the topics. On a quarterly basis the Chamber meets with the "Marketing" Committee that includes the City Staff, and other local entities like the La Quinta Arts Foundation, "Old Town" Properties, and Landmark Development to discuss events and marketing strategies that impact the group. Over the past year the Chamber has been represented at the preponderance of City Council meetings and has been an active participant as appropriate. All of the activities described have helped the Chamber better understand the inter -workings of the City and given the City a better perspective regarding the Chamber. Conclusion On behalf of the La Quinta Chamber of Commerce Board of Directors, we thank you for the opportunity to quote the City of La Quinta on a Contract for Services in the amount of $150,000.00 for the 2009-2010 year. Reporting will be provided in accordance with the appropriate timing of City Council meeting and the month following the Quarter end, October, January, and April. We look forward to the continuing to collaborate on making La Quinta the greatest City and nurturing relationship between the Chamber and the City and sincerely appreciate your support. Respectfully, David S. Archer President/CEO La Quinta Chamber of Commerce Cc: Doug Evans, Assistant City Manager, the City of La Quinta ATTACHMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and LA QUINTA CHAMBER OF COMMERCE ("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 promotion, encouragement, representation and retention of businesses and business activities in the City of La Quinta, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits. Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. *..`i 211 a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "Y (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 One Hundred Fifty Thousand Dollars ($150,000) (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. .212 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on July 1, 2009 and terminate on June 30, 2010 (initial 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. 213 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Thomas McDermott, Chairman of the Board b. Scott Brooks, Past Chair C. Lee Osborne, Treasurer d. Kathleen McEntee, Secretary e. David Archer, President/CEO It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Assistant City Manager — Development Services or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or 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 214 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 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 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 (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) 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 215 performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. 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. 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. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent .. 216 same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the 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. 217 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. 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: 218 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. 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 ""• 219 "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the 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. �N 220 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. 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 221 this Agreement as the Contract Officer shall require. At a minimum, three written progress reports, including an accounting of expenditures, shall be provided on or about October 2009, January 2010, and April 2010. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and 4,�y✓ 222 Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon 223 receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation 'of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS ,..._ 224 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: LA QUINTA CHAMBER OF COMMERCE 78-275 Calle Tampico, #B La Quinta, CA 92253 Attn: David Archer, President/CEO 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date 22'$ ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT:N G�.a�nloer (� v�vr.2rC� By 1�5 Name:Tx.vt,A S ✓� �� Title:-Prosi A C� O Date: Tv kY 1 (10, Zoo 226 Exhibit A Scope of Services SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE FOR FISCAL YEAR 2009-2010 The La Quinta Chamber of Commerce shall provide the following services: A. Business Retention and Promotion/Economic Development 1. Village Business Contact & Event Coordination 2. Member Retention 3. New Member Recruitment 4. Member Communications 5. Events B. The Gem Community Newsletter C. The Visitor's Center D. Annual Financial Review/Audit The La Quinta Chamber of Commerce shall provide a full audit every three years and an annual financial review report in non -audit years. A full audit is required for fiscal year 2008-2009. A financial review will be required for fiscal years 2009-2010 and 2010-2011. " 227 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 One Hundred Fifty Thousand Dollars ($150,000.00) except as specified in Section 1.6 - Additional Services of the Agreement. Payment Schedule is as follows: July 29, 2009 $37,500.00 October 29, 2009 $37,500.00 January 29, 2010 $37,500.00 April 29, 2010 $37,500.00 228 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. The La Quinta Chamber of Commerce shall provide the City with three written reports on its activities as required by this Agreement and detailed in the Chamber of Commerce's Contract for Services Proposal, which is attached as Exhibit D. First Report — October 2009 Second Report —January 2010 3. Third Report —April 2010 4. Fourth Report — July 2010 -• 229 Exhibit D La Quinta Chamber of Commerce 2009-2010 Contract for Services Proposal (attached) "" 230 9:40 AM LOCO 711712009 Accrual Basis Profit & Loss Budget Assumptions July 2009 through June 2010 Final Version to be Ratified at July Board Meeting Jul 09. Jun 10 Proposed Ordinary IncomelExpense Income 3006 • Contract - City of La Ouinta 3010 - City Contract 150,000.00 Total 3006 - Contract - City of La Quints 150,000.00 3020 • Memberships Dues 3021 • New 40.500.00 3022. Renewals 90,090.00 3023 - Set Up Fee 6,300.00 Total 3020 • Memberships Dues 136.890.00 3070 • Major Sponsors 3071 • Diamond Sponsors 30.000.00 3071 • Emerald Sponsors 15,000.00 3071 • Ruby Sponsors 7.500.00 Total 3070 - Major Sponsors 52,500.00 3175 - Village Sign Program 31751 • Rental Income 10,800.00 31752 • Construction Fees 260.00 Total 3175 - Village Sign Program 11,060.00 Total 3079 • Program Events 90,040.00 Total 3029 • Publication Revenue 120,600.00 3034. Other Income 3219 - Building Fund Income (1 % of Renew) 900.90 Total 3034. Other Income 1.659.64 Total 3140 • Toys for Tots 300.00 Total Income 551,989.64 Expense 4069 • Program Event 4210 - Village Sign Program 4180 - Village Sign Program (3 new signs) 3,040.00 Total 4210 • Village Sign Program 3,040.00 Total 4069 - Program Event 42,645.00 Total 4029 - Publications 149,800.00 4140 - Toys for Tots' 300.00 Total 4030 • Committee Expenses 2,540.00 Total 6010 • Payroll 236,582.79 6015 • Payroll Taxes/Workers Comp Total 6015- Payroll Taxes/Workers Comp 25.199.06 Total 5030 - Utilities 3,600.00 Total 5000 - Administrative & General 348,030.94 Total Expense Total Other Expense Net Other Income Net Income 549,915.94 0.00 0.00 2,073.70 _. yY •✓ �V/� C&t�v ot 4 aakro COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Consideration of Appointment of Voting Delegate and Alternate to the 2009 League of California Cities Conference RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of a voting delegate and an alternate for the 2009 League of California Cities Annual Conference. FISCAL IMPLICATIONS: The Fiscal Year 2009/2010 Budget line item 101-1001-411.51-01 contains $4,500 for this meeting. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year the League of California Cities requests the member cities to designate a voting representative and alternate who will be attending the business meeting and the annual conference. ' As of the writing of.this staff report, Council Member Henderson is the only Council Member planning to attend the annual conference in San Jose, California, September 16-18, 2009 (Attachment 1). The deadline for providing this information to the League of California Cities is August 21, 2009. 232 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the selection of a voting delegate and an alternate for the League of California Cities Annual Conference; or 2. Do not approve the selection of a voting delegate and an alternate; or 3. Provide staff with alternative direction. RespegXully submitted, Veronica �/Montecino, CMC City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. League of California Cities memo June 5, 2009 lft,., 233 1400 K STREET SACRAMENTO, CA 95814 Fa: (916) 658-8200 Fx: (916) 658-8240 June 5, 2009 TO: IS A L��A oF �iFOR fNT IA CITiIES Council Action Required by August 21, 2009 1 JUN 1 5 2009 Mayors, City Managers and City Clerks CITY DESIGNATION OF VOTING DELEGATES League of California Cities Annual Conference — September 16-18, San Jose CC: "9/ C� Cct� ✓ The League's 2009 Annual Conference is scheduled for September 16-18 in San Jose. An important part of the Annual Conference is the Annual Business Meeting, scheduled for 3:15 p.m., Friday, September 18, at the San Jose Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. In order to establish voting delegate/alternates' records prior to the conference, please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 21, 2009. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. Action by Council Required. Consistent with League bylaws, a city's, voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have Your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. In order to cast a vote, at least one person must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting, delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. -more- 234 Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting; Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the San Jose Convention Center, will be open at the following times: Wednesday, September 16, 10:00 a.m.; Thursday, September 17, 7:30 a.m.; and September 18, 7:30 a.m. The Voting Delegate Desk will also be open at the Business Meeting, but not during a roll call vote, should one be undertaken. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, August 21 st. If you have questions, please call Mary McCullough at (916) 658-824.7. Attachments: • 2009 Annual Conference Voting Procedures • Voting Delegate/Alternate Form O LEAGUE LlRNA CITIES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone:916.658.8200 Fax:916.658.8240 www.cacities.org Annual Conference Voting Procedures 2009 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to -- League -policy. ...-.. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petition's. Only those individuals who are voting delegates (or alternates) and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk may sign petitions to initiate a resolution. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between. the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a separate area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. " OFEA�UE Z CITlES CITY: 2009 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 21, 2009. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Cleric may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this special area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate. Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and'alternate(s). Name: Title: Date: E-mail Phone: Please complete and return by Friday, August 21 to League of California Cities FAX: (916) 658-8240 ATTN: Mary McCullough E-mail: mccullom@cacities.org 1400 K Street (916) 658-8247 Sacramento, CA 95814 V otingDelegateLetter09.doe 04 �� ZP Q V S jjY�C�'- ROwZ(V-,ram y OF COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Discussion of Options Regarding the Widening of Fred Waring Drive, Between Adams Street and Port Maria Road RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: rem CHARTER CITY IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: None. This is a County project rather than City project, so there are no charter city implications. BACKGROUND AND OVERVIEW: On March 18, 2008, the City Council conducted a Study Session for the purpose of reviewing the proposed Capital Improvement Plan (CIP) for Fiscal Years 2008- 2009 through :2012-2013. Following discussion, it was the consensus of the City Council that the City would take the steps necessary to widen Fred Waring Drive, between Washington Street and Jefferson Street, to accommodate six (6) lanes of travel. On April 15, 2008, the County of Riverside came before the Council to discuss interim improvements and alternatives for ultimate widening of Fred Waring Street between Adams Street and Port Maria Road. The County presented three alternatives and City staff presented possible concerns with the designs. The City Council was concerned that the County's design did not adequately address the following issues: 237 • Safety of passing motorists as residents from Bermuda Dunes back onto Fred Waring from their driveways. • How left turns will be accommodated at Adams Street and Dune Palms Road. • Restricted turning movements at La Quinta Palms. • Indemnity from the County for allowing a non-standard roadway design. • The absence of a bike lane on the north side of Fred Waring Drive. • Noise impacts to residents on the south side of Fred Waring if centerline and the south side curb and gutter is allowed to be adjusted southward. • Who is responsible for reconstruction of improvements on the south side if an adjustment to the centerline is allowed? City Council allowed the County to proceed with the interim striping improvements with the understanding that the County would come back with more complete design options in the future. The City of La Quinta re -constructed and widened the segment of Fred Waring between Washington Street and Adams Street during the first four months of 2009. The County has now prepared three design alternatives, as part of the environmental processing for the project, and seeks City Council input as to a preferred design alternative. The following alternatives will be presented by County staff for the City Council's consideration. Alternative No. 1: This alternative would widen and elevate the west bound lanes on the north side of Fred Waring Drive. This would require shifting the southerly curb and gutter 5 feet to the south. This alternative would reduce the reconstruction of the residential driveways, but would create a median with a steep cross slope (Attachment 1). It would also create possible utility impacts, reduce lane widths below the City's General Plan widths, eliminate mid -block left turns, eliminate westbound bike lanes and eliminate the sidewalk on the north side of the street. This alternative will minimize right-of-way acquisition and have the least impact to homes on the north side of the street. This alternative will also allow parking on the north side of Fred Waring and will provide a refuge lane for vehicles entering and exiting the driveways and for mail delivery vehicles. 238 Alternative No. 2: This alternative would widen the north side of Fred Waring Drive and construct the street to the City general plan cross-section (Attachment 2). This alternative would require extensive reworking of the private residential driveways, but would eliminate the need to reconstruct the south curb. It would also eliminate mid -block left turns, require up to 15 feet of right-of-way acquisition on the north side and a 20 foot sidewalk easement and would require acquisition and relocation of all homes on the north side. The remaining parcels may be unusable. Alternative No. 3: This alternative would widen Fred Waring Drive on the north side to match the existing road section west of Adams Street (Attachment 3)• This alternative would require up to 3 feet of right-of-way acquisition on the north side and may require relocation of up to 5 homes. It would also require less extensive reworking of the existing driveways than alternative No. 2 and would eliminate mid -block left turn movements. This alternative would also eliminate parking on the north side of the street, but will provide a refuge lane for vehicles entering and exiting the driveways and for mail delivery vehicles. General Plan Amendment: Based on the Riverside County Transit District report, the proposed alternatives #1 and #3 for Fred Waring Drive between Adams Street and Port Maria Road are inconsistent with the City's General Plan. This is due to Fred Waring Drive's designation as a Major Arterial and the proposed improvements being inconsistent with the General Plan cross section for a Major Arterial (Attachment 4). Specifically, the proposed improvements shrink the right-of-way to less than 120 feet, thereby eliminating bike lanes, which are not only a requirement of the Major Arterial designation but are also a requirement of the street's designation, as a Class II Bike Route. The narrower right-of-way would also decrease lane widths and the width of the median to less than general plan standards. Because of this, a General Plan Amendment would be required for design alternatives 1 and 3. Respectfully submitted, Timothy R. Jonasson, Public Works Director/City Engineer 239 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Cross Section Alternative #1 2. Cross Section Alternative #2 3. Cross Section Alternative #3 4. General Plan street cross sections 240 ATTACHMENT 1 241 ATTACHMENT 2 N W Q Z w W rr 10 242 Irr ATTACHMENT 3 M W H a z w w rr C ". ; 243 ATTACHMENT 4 Augmented Major - City Street 1:12' i--l--1'__]1--._12 H'—LL'_f_ 1—12'-I{ -i (tijglit_4an£ tlitiiileSl._uu�arkine) Major Arterial - City Street 120' FREa wskklu(6 7*%VE —13_ _12_ _1 - -.8— --9— Isis I.aTICS di vidcd, v,/bike hme i�'�inaiv i�rtcrial - A uu 1.'l' 8' _I_i__ 13'13' _13' s' I l- i Primary Arterial - B (Four Lanes divided, w/bike lane) row 1'L'- 7' _ I Y' 13' 1 S' 1;t' 1 'L' 7' 1'l' �- (four Lanes divided, w/bikc lane) Secondary Arterial ae' _ --- 12J1j - 1-4- 1 - ' 12' IT —12- - (Pour Lanes undivided, no parking) Collector _7,1, h' I _ I.2' 1�1.'—ll I1'_�-b--ll-4— (Two Lanes undivided, w/bike lane) Local _ 60' _ _121 18 tg _ 12'_ (Two lanes w/parking) C111 do Sac rtr (Two Lanes, 1 Exhibit City of La Quinta s A TERRA NOVA General Plan �A'i—z;tt - Planning & Researclh, Inc. $trCCt CrOS$ .SCCt10nS - Clty.Streets •_ 3.3 ��.. 244 Tar4lwQ" COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Discussion of the Summary Technical Memorandum Prepared by Willdan Financial Services Regarding Feasibility Study and Benefit Analysis of Forming a Citywide District to Support Parks and Recreation Improvements RECOMMENDATION: As deemed appropriate by the City Council. CHARTER CITY IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City of La Quinta (City) annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape District No. 89-1 ("District"). The District was formed in 1989 pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code and authorizes the City to annually levy and collect assessments associated with the maintenance, construction and servicing of landscape areas, street lights and traffic signals. Each spring the Public Works Director/City Engineer prepares the "Engineer's Annual Levy Report ("Report") for City Council review and approval. The Report describes the district, any changes to the district, and the proposed assessments for the fiscal year. However, due to the restrictions of Proposition 218, the City's annual assessment for public landscape and lighting maintenance has remained at $35.60 per equivalent dwelling unit (EDU) since 1995. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. In recent years parks expenditures have been identified separately and have averaged $1,426,842 since Fiscal Year 2006-2007. Because no assessment or special tax has been considered 245 for parks maintenance these costs are paid for by the General Fund. At the February 5, 2008 City Council meeting on funding options for the City's Landscape and Lighting District, staff was directed to bring back a proposal for preparing an engineer's report, feasibility study and supporting district formation services for a potential parks assessment district. On May 6, 2008, City Council approved a Professional Services Agreement (PSA) with Willdan Financial Services (formerly MuniFinancial) to complete a feasibility study and benefit analysis of forming a citywide park district to support parks and recreation improvements and ongoing maintenance of existing parks under the provisions of the Landscaping and Lighting Act of 1972. Attachment 1, the "Summary Technical Memorandum" prepared by Willdan Financial Services, outlines the preliminary analysis of the City's park, open space and trail improvements and an evaluation of the feasibility of establishing a district to provide a revenue source to support the maintenance and enhancement of the City's recreational improvements. The Summary Technical Memorandum outlines in detail the Method of Apportionment (i.e. benefit analysis, assessment methodology, and cost allocations) and the Budget/Cost Assumptions (i.e. total cost allocations and allocations by zone). In addition, the Summary Technical Memorandum discusses the advantages of a Special Tax vs. the creation of a Citywide Assessment District. Jim McGuire, Senior Project Manager in the Financial Consulting Services Division at Willdan Financial Services, will present the technical memorandum and be available to answer any questions. Respectfully submitted, Tim by R. Jonasso , P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Willdan Financial Services Summary Technical Memorandum �N 246 May 1Z2009 ATTACHMENT 1 Pagel of19 Memorandum To: Tim Jonasson and Ann Weaver, City of La Quinta From: Jim McGuire, Jennie Carter, Willdan Financial Services Date: May 12, 2009 Re: La Quinta Proposed Park Maintenance District Preliminary Rate Structure Summary of Findings On behalf of the City of La Quinta ("City' , Willdan Financial Services ("Willdan") has conducted a preliminary analysis of the City's park, open space and trail improvements to evaluate the feasibility of establishing a district to provide a revenue source (funding) to support the maintenance and enhancement of the City's recreational improvements for the properties within the City. Over the recent months, Willdan has worked closely with City staff gathering relevant information regarding the City's park and recreational improvements and developing the parameters for establishing a possible Citywide Assessment District ("District's to fund the ongoing operational and maintenance costs of the parks, trails and open spaces (collectively referred to as "maintenance"), as well as the long term repairs, renovations and rehabilitation costs associated with those improvements and facilities (collectively referred to as "capital costs'. While this memo identifies an estimate of the possible assessments that may be associated with this District, these assessments are only a preliminary estimate of those possible assessments based on some basic assumptions regarding the overall cost of providing the improvements, cost allocations and the method of apportionment. Ultimately, the various preliminary findings and factors that are outlined in this memo will require further analysis and refinement (particularly the budgeted costs and method of apportionment) if the City decides to ;move forward with the possible formation of the District. This additional analysis and refinement of the costs and assessments would be addressed in the development of an Engineer's Report that is required pursuant to the Landscaping and Lighting Act of 1972 and the California Constitution (Proposition 218). As part of this evaluation, Willdan has reviewed the improvements and budget information provided by the City and has researched parcel data and factors that support the formation of an assessment district within the boundaries of the City. Secured roll data, including parcel numbers, acreage, ownership, and land use codes were analyzed against and united with current geographic information system data in an effort to determine a basic method of apportionment and rate structure for an assessment district. While our evaluation concludes that an assessment district is a feasible approach for the City to consider, such a district would require the establishment of benefit zones which would reflect differences in special benefits and assessments within the City (Zones of Benefit). Although approximately 83% of the parcels within the City could be assessed for special benefits received from all park and recreational improvements, approximately 15% would be subject to special benefit assessments for trail maintenance and capital costs only and the remaining properties (less than 2%) 247 ,11ay 12, 2009 Pgge 2 of 19 have been identified as receiving no measurable special benefits and would not be assessed for existing improvements. Although our evaluation has determined that an assessment district with zones of benefit is a viable approach to creating a revenue source to support the City's recreational improvements, such an assessment district requires that general benefits be separated from special benefits and the District may only assess for special benefit. Our analysis of the improvements and associated costs suggests that approximately fifty-five percent (55%) of the regular annual maintenance costs would be considered special benefit, but capital costs, such as enhancement, renovation and rehabilitation of the improvements would be largely considered special benefits and recovered through the assessments, but such projects and costs need to be clearly identified and evaluated further as part of developing an Engineer's Report for the District. As outlined in this memo, we estimate that the City could recover approximately $1,268,500 of the $2,190,200 estimated to fully fund the maintenance and long term needs of the City's current park, open space and trail system infrastructure. The following provides a more detailed analysis of our findings and identifies key elements for the City to consider. Method of Apportiotnnent Based on the provisions of the 1972 Act and the California Constitution, this section of the memo summarize an analysis of the benefits associated with the City's existing park, open space and trail improvements that may be incorporated into a citywide special benefit assessment district (both general and special); the resulting district structure (zones of benefit); and the formulas used to calculate potential proportional special benefit assessments based on the entirety of the cost to provide the improvements (method of assessment). Benefit Analysis The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include but are not limited to the construction, maintenance, operation, and servicing of park and recreational improvements. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value: ,The net amount to be assessed upon lands within an assessment district may be apportioned by any forvnrla or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be receired by each such lot or parcel Fran the imrprovenrents. " In conjunction with the provisions of the 1972 Act, the California Constitution Article XIIID addresses several key criteria for the levy of assessments, notably: Article XIIID Section 2d defines District as: `District means an area determined by an agency to contain all parcels which will receive a special benefit front a proposed public improrement orproperty-related service'; 248 May 12, 2009 Page 3 of 19 Article XIIID Section 2i defines Special Benefit as: "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute `special benefit. " Article XIIID Section 4a defines proportional special benefit assessments as: 'An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and noon which an assessment will be imposed The proportionate ipeaal benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the p%aero related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. " The method of apportionment (cost allocation) established for an assessment district requires that each assessed property receives special benefits from the improvements and services that are funded by such assessments, and the assessment obligation for each parcel reflects that parcel's proportional special benefits as compared to other properties that receive special benefits as outlined in the preceding definitions of the 1972 Act and the California Constitution. In reviewing the location and extent of the City's parks, open spaces and trail system (Please refer to Diagram 1— Improvement Details for an overview of the City's park, open spaces and trails) and the relationship these improvements have to properties within the City, it has been determined that all properties in the City (with the exception of the small area east of Monroe Street) are within one and a half miles (1 '/z miles) of an existing park and/or open space area, which is well within what would typically be considered the average service area for local parks and open spaces. (Please refer to Diagram 2 — L.SMWe Park and Open Space Radius for an overview of the sphere of influence of the City's park based on a 11/2 mile radius). Furthermore, these parks and open spaces can be easily accessed by the City's interconnecting trail system that is immediately adjacent to all but approximately two percent (21/o) of the City's properties and/or developments. While this would suggest that collectively, the City's parks, open spaces and trails provide a direct and local benefit to the properties within the City, it is also reasonable to conclude that the use and accessibility to these improvements is not limited to the properties and the owners of such properties and therefore provide some identifiable general benefit. In our evaluation of the City's trail system it was determined that the City has an extensive trail system that extends throughout most of the City and these various trail segments provide direct access to the City's parks and open spaces as well as other trails, of which approximately twenty percent (20%) of these trail segments provide access points to and from areas outside the City. This accessibility from outside the City suggests potential use by the general public and a measurable degree of general benefit. Similarly, consideration must be given to the likely or potential use of the City's parks by the general public to establish a level of general benefit for those improvements. Although actual park usage is often times difficult to quantify, in our research, the City's Community Services Department provided policy guidelines that the City has followed for a number of years that has limited non- resident participation in various recreational leagues to be no more than 25%. Clearly this indicates that the City (at least from a policy perspective) has limited or attempted to limit the general public's 249 May 12, 2009 Page 4 of 19 use of the City's recreational improvements which in turn enhances a special benefit nexus to properties within the City. Collectively, trail accessibility from outside the City and limits on non- resident league participation strongly suggests that less than twenty-five percent (approximately 22.5%) of these combined improvements and their associated maintenance costs would be quantified as general benefit to the public at large. In conjunction with the measure of general benefit to the public at large, it is also recognized that because these improvements are collectively associated with the entire City and are not necessarily specific to a particular development or developments (which is often times the case with assessment districts), clearly there is some measure of general benefit to the properties within the City as well as the general public_. Therefore, in addition to those costs attributable as general benefit to the public at large, it is reasonable to conclude that an additional percentage of the annual maintenance costs for parks, open spaces and trails should be considered general benefit to properties within the City (District). For purposes of this preliminary evaluation, the general benefit to properties within the City has been estimated to be approximately twenty percent (20%) based on two considerations: 1.) If such improvements (park and recreation improvements) provide a certain degree of general benefit to the public at large, properties within the district and the owners of those properties should reasonably have a similar level of general benefit from those improvements (22.5% based on the previous discussion); 2.) Although it is certainly reasonable to conclude that parcels within 1 '/z miles of the City's various parks and open spaces each benefit from such improvements and the trail system clearly enhances that benefit nexus, it is also reasonable to assume that a measure of special benefit requires a more direct local nexus. Therefore, utilizing a reduced park radius of between '/z of a mile and Y4 of a mile (which would be considered reasonable walking distance and clearly a direct local association between the various park sites and the surrounding developments and subdivisions), it has been determined that only about seventeen percent (17%) of the developments, subdivisions and properties within the City would be outside this more closely defined park radius. (Please refer to Diagram 3 — Special Benedr Park Radius for an overview of the sphere of influence of the City's parks based on a radius of less than'/4 of a mile). 1-06 Together these two considerations would suggest an average general benefit percentage of 20% to properties within. the District. Based on the preceding discussion, collectively it is reasonable to conclude that approximately forty- three percent (42.5 %) of the City's annual maintenance cost for the existing parks, open spaces and trails should be considered general benefit (22.5 % to the public at large and 20% to properties within the City). However for purposes of this preliminary evaluation, the following discussion regarding budgets and assessments assumes a more conservative estimate of general benefit (Forty- five ,percent [45%]). This general benefit allocation would be applicable to the regular annual maintenance costs and incidental expenses associated with the improvements. Conversely, the costs to maintain various quasi -park improvements such as City Hall and the Civic Center Campus are considered to be entirely general benefit costs, while capital costs (excluding City Hall and the Civic Center Campus) are considered to be entirely special benefit because such efforts are for enhancement or expansion of the existing improvements which is entirely for the special benefit of properties in the City. 250 Vlay 12, 2009 Page of 19 Assessment Methodology In order to calculate and identify the proportional special benefit received by each parcel and their proportionate share of the improvement costs, it is necessary to consider not only the improvements and services to be provided, but the relationship each parcel has to those improvements as compared to other parcels in the District. Article XIIID Section 4a reads in part: "...Tbe proportionate .special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital Cott of a public improveruent or the maintenance and operation expenses of a public improvement or for the cost of the property related service being provided. Aro assessment shall be imposed on ay parcel which exceeds the reasonable cost of the proportional special benefit conferred on thatpareed" Parks, open spaces and trails, like most public improvements, provide varying degrees of benefit (whether they be general or special) based largely on the extent of such improvements, the location of the improvements in relationship to the properties, and the reason or need for such improvements as it relates to individual properties. In this analysis of a possible citywide district these issues are each considered in determining the proportional special benefit to each parcel by the use of benefit zones that reflect the extent and location of the improvements in relationship to the properties, as well as the specific use and size of each property which reflects each parcel's need for such improvements and its reasonable cost of the proportional special benefit as compared to other properties that benefit from those improvements. Zones ofBene& In an effort to ensure an appropriate allocation of the estimated annual cost to provide the improvements based on proportional special benefits, this potential citywide assessment district would likely be established with benefit zones ("Zones") as authorized pursuant to Chapter 1 Article 4, Section 22374 of the 1972 Act: `Tbe diagram and assessment may classify various areas within an assessment district into different hones inhere, by reason of variations in the nature, location, and extent of the improvements, the varioru areas will receive dlyering degrees of benefit from the improvements. A done shall consist of all territory mhirb :rill receive substantially the same degree of benefit from the improvements. " While the California Constitution requires that "the proportionate special benefit derived by each identified parcel shall be detennrined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement...", it is reasonable to conclude that the location and extent of the specific improvements in relationship to those neighborhoods or groups of parcels immediately adjacent or in close proximity to those improvements must be considered. In reviewing the location and extent of the various park, open space and trail improvements and the relationship these improvements have to properties within the City, it has been determined that these improvements are clearly local amenities that are directly associated with or desired for the development of such properties to their full and best use. As such, these local improvements have a direct and particular special benefit to the properties within close proximity to such improvements, which enhance their access or use of such improvements and provide a level of service and amenities that are! not directly associated with other properties. '� 251 May 12, 2009 Page G of 19 As previously noted, with the exception of a small percentage of the parcels along the eastern boundary of the City, generally parcels within the City are located within a 1'/2- mile radius of an existing park or open space, and have direct and/or easy access to a park or open space via the City's existing trail system. In narrowing this radius to '/a mile, each parcel's proportional special benefit from the parks and trails is further clarified. In recognition of these differences, the District would initially be established with three (3) Zones to reflect the proportional special benefits that various properties receive from the various improvements and associated costs. The following provides a description of the three Zones: Zone 01 Zone 01 incorporates and includes those developments and properties in the City that are within'/< of a mile (radius) of a park and/or open space, and is adjacent to or in close proximity to one of the City's trail segments that provide direct and easy access to those parks and open spaces. Accordingly, parcels within this Zone would be assessed for their proportional share of the costs to maintain these parks, trails and open spaces, as well as their proportionate share to fund related capital improvements, replacements, expansion and renovation of these improvements. Zone 02 Zone 02 incorporates and includes those developments and properties in the City that are more than 3/4 of a mile (radius) from an existing park and/or open space, but is adjacent to or in close proximity to one of the City's trail segments that provide direct and easy access to those parks and open spaces. Accordingly, parcels within this Zone would be assessed for their proportional share of the annual costs to maintain the trails but not the parks and open spaces. However, because of their easy access to the parks and open space areas via the trail system it has been determined that these properties should be assessed for their proportionate share to fund related capital improvements, replacements, expansion and renovation of not only the trails, but the park and open space improvements. Zone 03 Zone 03 incorporates and includes those parcels within the City that are not included in Zones 01 or 02. These developments and properties are more than 3/4 of a mile (radius) from an existing park and/or open space, and are not currently adjacent to or in close proximity to one of the City's existing trail segments. Accordingly, parcels within this Zone would not be assessed for the annual costs to maintain the trails, parks or open spaces. While a case could be made that these parcels would receive special benefits from various capital improvement, replacement, expansion and renovation projects associated with the City's parks, trails and open spaces, those special benefits would likely depend on the specific projects. Therefore, for purposes of this preliminary analysis, it is assumed that properties within Zone 03 would have limited or no special benefit from these projects and would be exempt from special benefit assessments until such time that trails and/or parks are expanded so that these properties have a direct local presence from those improvements. Although our analysis suggests that three Zones of benefit would be initially established for a citywide assessment district based on the current improvement infrastructure, these Zones could potentially be consolidated into two Zones and possibly a single Zone if the City were to add additional trails within Zone 03 and/or construct one or more parks in the eastern area of the City. 252 Alay 12, 2009 Page 7 of 19 Please refer to Diagram 4—Zone andGn mvemeat Dletat7 for an overview of the three Zones and the relationship to the various improvements. For clarity purposes; Diagram 5 — Zone Detail provides an overview of the Zones without the improvement overlay. EquivalentBene6t Units In addition to the use of Zones, the method of apportionment established for an assessment district should reflect the proportional special benefit of each parcel utilizing a weighted methodology of apportionment. For purposes of determining an appropriate cost allocation, in this preliminary analysis we have utilized a weighted methodology typically referred to as an Equivalent Benefit Unit (EBU) methodology. This method of apportionment establishes the typically detached single-family home site as the basic unit of assessment. A single-family residential unit is assigned one (1.0) Equivalent Benefit Unit (EBU) and other property types (land uses) are proportionately weighted (weighted EBU) based on a benefit formula that equates each property's specific characteristics and special benefits to that of the single-family residential property. This proportional weighting may be based on several considerations that may include, but are not limited to: the type of development (land use), development -status (developed versus undeveloped), size of the property (acreage or units), population densities or other property related factors including any development restrictions or limitations; as well as the property's location and proximity to the improvements (which is addressed by its Zone designation). For the improvements and assessments outlined in this memo, it has been determined that the most appropriate proportional special benefit calculation for each parcel is reasonably determined by three basic property characteristics: • Location — as previously noted, each parcel in the District shall be identified and grouped into one of three Zones based on each parcel's proximity and relationship to the District improvements. • Land use — for purposes of this analysis, we have classified and grouped various land uses into a few basic categories including: Developed Non -Residential Properties (various commercial, industrial, institutional and other non-residential properties including; government owned properties); Residential Properties (Single-family, Multi- family, condominiums and timeshares); and Vacant land (undeveloped properties that may be zoned for either residential or non-residential use). • Property Size —Acreage for non-residential properties; Units for residential properties. Property size (acreage or units) provides a definable and comparative representation of each parcel's proportional special benefit not only to similar types of properties but to other properties as welt The following is a summary of the property types and Equivalent Benefit Unit assignments unlized for this preliminary analysis. The method of special benefit allocation to each parcel type shown below is based on typical industry standards, but adjusted to reflect the City's overall development characteristics including comparable residential density statistics from the U.S. Census Bureau from the years 2005-2007, and other documentation provided by the City. If the City chooses to move forward with the formation of an assessment district, it is likely that this basic allocation by land use ""' 253 iYlay 12, 2009 Page 8 of 19 may be expanded or modified to more accurately reflect the proportional special benefits to various property types. ,Type .EBU Multiplier Limits Developed Single Family 1.00 per Parcel No Limits Developed Condo 0.75 per Unit No Limits & 1.0 f±0 6,tc7a �,..f\mm mi tra 00( 1, iJi Ut�njmfiJn rf!f.11 r�Qjr-111 0.50 perAcre Minimum of 1 EBU, of 5 EBUs per Parcel (.Vaacaa�ntt� (Maximum Based on the preceding method of special benefit allocation to each parcel type shown above and the parcel land use information from the most recent County secured roll data and the County's geographic information system ("GIS"), the following provides a summary of the number of parcels and Equivalent Benefit Units for each land use classification applied in this assessment analysis. Type Parcels EBUs Developed Single Family 15,818 15,818.00 —959.25 Developed Condo 1,279 5,223 -- - 7,014.98 — ----.. Vacant i -- L�ca�+1 E's Cost Allocations Pursuant to the provisions of the California Constitution, the proportionate special benefit derived by each parcel within an assessment district and its corresponding assessment obligation shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement. The following formulas are used to calculate each parcel's Levy Amount (proportional assessment obligation): Step 1: Based collectively on the preceding discussion and findings, the estimated annual cost to provide the various District improvements have been identified as either general benefit or special benefit. Those improvement costs determined to be of general benefit shall not be assessed to properties within the District and these costs are deducted from the total budget to establish the improvement costs determined to be of special benefit. Total Budget — General Benefit Costs = Total Special Benefit Costs Step 2: Those improvement costs determined to be of special benefit are apportioned to each of the three Zones established, in proportion to the cost of providing the improvements for that Zone. As previously noted, it has been determined that 254 May 12, 2009 Page 9 of 19 properties within Zone 03 do not receive identifiable local special benefits from the Citv's existing improvements and receive only general benefit from those improvements and facilities. Therefore, no costs are budgeted as special benefit in this Zone and the properties therein are not assessed. Zone Specific Special Benefit Costs = Total Zone Budget Step 3: The Total Zone Budget minus any additional contributions from the City or other revenue sources establishes the `Balance to Levv" for that Zone. This Balance to Levy amount is proportionately allocated to each parcel within the Zone based on their calculated EBU. Total Zone Budget — Additional City Contribution = Balance to Levy (Zone) Step 4: Each parcel's proportional special benefit is calculated based on the Equivalent Benefit Unit rationale previously discussed: Parcel's Land Use Benefit x (Acreage or Units) = Parcel's EBU Step 5: The total number of Equivalent Benefit Units for each Zone is determined by the sum of all individual EBU(s) applied to parcels that receive a special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for each Zone is established by taking the Balance to Levy in that Zone, and dividing that amount by the total number of EBU(s) for that Zone. Total Balance to Levy/Total EBU = Assessment Rate (Calculated per Zone) Step G: This Assessment Rate is then applied back to each parcel's individual EBU to determine the parcel's proportionate benefit and assessment obligation. Rate per EBU x Parcel EBU = Parcel Levy Amount The potential costs (budgets) that would be used to establish the assessment rate for each Zone are outlined in the following section. Budget (Coast) Assumptions In this analysis, Willcian has utilized budget details provided by the City for fiscal year 2008/2009, as displayed in the following table, to establish an estimate of expenses to properly maintain the improvements: 255 pl III .0 t,I p CD II 111 3 I I i .Vnl 11, 1na9 Peer 10 q l9 256 Mn), 12, 2009 Pnge 11 of 19 Based on the cost assumptions and calculations described in the preceding table, it is estimated that approximately 2.19 million dollars ($2,190,200) is required to maintain the City's current park, open space and trail system infrastructure of which approximately $542,600 is budgeted for the City's long term repairs, renovations and capital improvement projects. However, only about $1,268,500 of these costs have been identified as special benefit costs, with approximately $1,194,100 being associated with Zone 01 properties; approximately $74,400 associated with Zone 02 properties; and no costs being associated with Zone 03 properties. Utilizing these cost estimates, a preliminary estimate of proposed assessments for properties within the City has been developed based on the equivalent benefit units referenced in the preceding discussions. The following tables provide a summary of the special benefit cost allocations to the various Zones and land use types within those Zones. Total Cost Allocation Developed Single Family 1.00 15,818 ---Zi 15,818.00 $__ 644,330 S- -�.-�f+,Y+f(fl7Y,["OTiifi�, t a _ G-S.(.-y 1'I't•. ^_ Developed Condo 0.75 1,279 959.25 39,074 sic- _ .19� t"', :.fSE;y 2i1f. Vacant 0.50 5,223 7,014.98 _285,748 Zone I Cost Allocations Based on the preceding tables, a single-family residential property in Zone 01 would have an annual assessment of approximately $46.30, which would be the assessment rate per EBU for that Zone. Zone 2 Cost Allocations Developed Single Family Developed Condo _ 2,093.00 $ 31_946 - 21,938 Vacant T1,437.29 _ 257 AL), 12, 2009 Pgge 12 of 19 Based on the preceding tables, a single-family residential property in Zone 02 would have an annual assessment of approximately $15.30, which would be the assessment rate per EBU for that Zone. Zone 3 Cost Allocations Single Family - $ �De�v�elloKovvp��ed IWLH'l�l•1.'J��il f['.. Developed Condo - Vacant 395.12 WO Based on the preceding table, parcels within Zone 03 only receive general benefit from the existing improvements and therefore this Zone would have an assessment rate that is $0.00 per EBU. If the City elected to pursue the implementation of a special tax rather than an assessment utilizing a similar method of apportionment but not the Zone structure, this same revenue amount (approximately $1,268,500) would equate to an annual tax rate of approximately $40 (amount per a single-family residential property) but applied to all properties in the City including those in Zone 03. If the City wanted to pursue the full funding of the improvements through a special tax (approximately $2,190,200), the annual tax rate would be approximately $94 (amount per a single- family residential property). Regardless of whether the City selects an assessment district or a special tax to fund the City's parks and recreational improvements, the measure submitted to the property owners or voters should include an annual inflationary adjustment to be applied to future assessment/tax rates. Because the cost of operating, servicing and maintaining park, open space and trail improvements are impacted by inflation over time, the proposed assessment rates or tax rate and corresponding parcel assessment/tax should include an annual inflationary adjustment based on either a set percentage rate, or the annual percentage change in the local Consumer Price Index. Special Tax vs. Assessment District While the primary objective of Willdan's efforts and the focus of this memo has been to outline the feasibility and overall structure necessary to establish a Citywide Assessment District for the City's park, open space and trail system improvements, consideration should also be given to the possibility of establishing a special tax to fund such improvements and costs. Although a special tax requires a two-thirds (66.7%) approval of registered voters to implement compared to the simple majority approval of property owners for an assessment (weighted ballots), the following are some notable distinctions between special taxes and assessments that the City should consider: Advantages of a Special Tax A special tax does not require the detailed support and analysis of special benefit and general benefit required for an assessment and given the recent State Supreme Court decision (Silicone ""- 258 ALty 12, 2009 Pnge 13 of 19 Valley Taxpayers Association mrurs the Santa Clara County Open .Space Authority), judicial review and possible challenges are a greater concern for an assessment than previously was the case; > A special tax can include costs which an assessment cannot (an assessment district cannot assess for general benefit while a special tax is only limited by the purposes specified for the special tax); > The cost allocation structure for a special tax is typically more simplistic than an assessment district. A special tax usually is based on a single rate for the entire City (a flat rate that may be applied to various land uses or even a simple per parcel tax) compared to that of an assessment district that because of special benefit and proportionality requirements (particularly for a Citywide district), inevitably requires more than a single assessment rate and a more detailed or complex apportionment to various property types; > Because the cost allocation structure is usually less complicated for a special tax, public education and informational efforts are usually more focused on the need and advantages of the revenue source rather than explaining the differences in assessments which tend to make the ballot measure less controversial; > Although a special tax has a greater voter threshold, those that are most likely to support funding for park and recreational improvements are usually the residents of the City (registered voters). Conversely for an assessment balloting, out-of-town property owners, multi-famih residential property owners (apartments) and non-residential properties may be less likeh to support such an assessment and could have a significant impact on the voting results; > For the City of La Quinta, in addition to funding park and recreational improvements, a special tax could be constructed to also fund recreational services and programs and/or funding of the City's median landscaping (replacement of the current assessments which has limited revenue capabilities); and > For an assessment district, expansion of the existing improvements would likely facilitate modifications to the existing zones (areas of benefit) and increases to the assessments for the affected areas, a special tax would not require such modifications ultimately reducing administrative costs. Advantages of an Assessment > The most obvious advantage for pursuing an assessment rather than a special tax is the simple majority approval threshold, and if multi -family residential property owners (apartments) and non-residential properties (specifically commercial properties) are generally supportive of such assessments, the chances for a successful ballot outcome are good; > Each property is assessed only for their proportional special benefits and benefits compared to other properties. Properties only pay for the local improvements that directly benefit the property (Example: In the proposed assessment district structure preciously discussed, properties in Zone 3 would not be assessed unless and until local parks, open space or trails are constructed in their area); "" 259 May 12, 2009 Rge 14 0f 19 > While the City cannot use City funds to advocate either a special tax or an assessment, because approval of an assessment is not considered an election, there are fewer restrictions on the use of City funds for public outreach and education; > Balloting for :an assessment can be done any' time during the year (although there are some legal opinions to the contrary), while a special tax requires the election to be scheduled and conducted at specified dates established by the California Elections Code; and > Balloting for a new assessment may be conducted by a mailed ballot proceeding, while the balloting for a special tax does not currently provide for a mailed ballot proceeding. (Typically a mailed ballot proceeding is less expensive to conduct than an election handled through the County Registrar of Voters). Additional Considerations The assumptions and calculations detailed in the preceding discussions reflect a preliminary estimate of possible assessment rates for the City's parks, open spaces and trails based on existing estimated maintenance cost data. Although the estimated assessment rate options outlined in this analysis certainly suggest that an assessment district may be a viable approach to funding the City's parks, open spaces and trails, there are several issues that must be considered: > The estimated annual maintenance costs outlined in this memo are based on the City's Fiscal Year 2008/2009 Park Operations Cost. > Our analysis relies heavily on County secured roll data for identifying and determining individual land uses and property- characteristics (which is sometimes incomplete or inaccurate) as well as the County's geographic information system ("GIS"). Although an assessment rate based on this data is certainly appropriate, a detailed audit of all City parcels to identify accurate land use designations for all parcels, acreage for commercial and vacant properties and unit counts for multi-famihv residential properties is lik&l needed before assessment rates can be finalized. > While we have included Capital costs based on the City's FY 08/09 Budget for Parks, the estimated costs and subsequent assessment rate estimates presented in this memo do not include the possible higher costs that will inevitably result from the City's plans to enhance and renovate the City's existing parks, open spaces and trail system. Further identification and estimates of the associated costs for those specific improvements or enhancements will need to be developed before finalizing an assessment rate that would fund this increased burden. In the next phases of the project (if authorized by the City) Willdan will continue to refine the methodology presented here by working on the parcel database as well as collaborating with the City staff to develop reasonable cost estimates and methodology for the rate structure. We look forward to our continued collaboration on this project with the entire team as the project progresses. Please feel free to call or email Jim McGuire to discuss these findings at 951587.3536 and j mcguire@willdan. co m M .., 260 dlay 12, 2009 Pnge 15 of 19 Diagram 1 lnp vement Details La Ouift Part Manta m fk4ri@ (Pa.lm Opm SPacea and T-1s) WI ILLDAN 1� F• m. sery yes r- . oa.aa vez+sf 261 May 12, 2009 Page 16 of 19 Diagram 2 1.5 Mile Park and Open Space Radius La ate Park k/aintrwr ax Oiakid (Parks, Open Span and Trails) WIN" *W WILLDAN IFinancial Services 262 ,l,Iuy 12, 2009 Page 17 of 19 Diagram 3 Special Benefit Park Revs LAa,nt2Pstfid=rt� Digrict (Pa` m A>m dam aad craft C W+E S ---- WILLDAN 263 Akiy 12, 2009 Pnge 18 of 19 v W< E s Diagram 4 Zone and Improvement Detail La dim Rmt Mamtnance Disbid (pads Opal Spate and Trails) �A--4J AN _I Fa cal services ra�e;nzm 264 Aby 12, 2009 Page 19 of 19 Diagram 5 Zone Detail La Oukrta Park Manosts ax OkffiiU (Park.!. Opel Spaces and Traas) ®�J N i W< E s VA'WIILLDAN Fuis oWServices ( 2rvvea snzm 265 REPORT/INFORMATIONAL ITEM: Z9 INVESTMENT ADVISORY BOARD MEETING May 13, 2009 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:30 p.m. by Chairman Ross, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Deniel, Ross, Rassi and Park ABSENT: None OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Senior Secretary, II PUBLIC COMMENT - III CONFIRMATION OF AGENDA - None IV CONSENT CALENDAR A. Approval of Minutes of Meeting on April 8, 2009 for the Investment Advisory Board. Board Member Rassi requested a correction be made on page 3, first sentence changing "bee" to "been." MOTION: It was moved Board Members Moulin/Deniel to approve the minutes of April 8, 2009 as amended. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for March 2009 In response to Board Member Deniel, Mr. Falconer advised those interested in applying to the Investment Advisory Board should submit their applications for consideration directly to the City Clerk's office before the middle of May. Board Member Park advised that Mr. Paul Rabbit will not be applying, who was the April meeting. 266 General discussion ensued by the Board regarding the candidates and their qualifications. Mr. Falconer presented and reviewed the staff report advising the Board that a treasury bill, reflected on page 6, had matured and was reinvested for another six months. In addition, he also advised of the decline of the cash balance by $8.2 million with the bulk of the decline due to the RDA debt service payments. Mr. Falconer further advised that the portfolio maturities remain short, (at 69 days) with a continuance of the City's policy to buy and hold. Mr. Falconer advised that page 8 reflects the changes discussed at the previous month's meeting with the cash flow analysis now reflecting the difference between the revenue and expenses as a "Favorable (Unfavorable)" variance. Board Member Deniel commented that the sales tax year-to-date forecast was better than expected. In response to Board Member Denial, Mr. Falconer and Chairman Ross advised the salary and fringe benefits variance in question from the previous month's meeting on page 8 was clarified on the cover page of Business Session B, Background Section third bullet point. Beard Member Deniel suggested that if there is a variance reflected on a monthly report, perhaps staff could give a brief explanation describing the variance either verbally or on the report. In response to Board Member Denial, Mr. Falconer advised the second golf course and the clubhouse at Silverrock have been indefinitely delayed. In response to Chairman Ross, Mr. Falconer clarified the title "LAIF balance" on page 8 of the report is the City's liquid cash balance. It was suggested by Board Member Deniel to re -title "LAIF Balance" to either available "Cash Balance" or available "Funds for Reinvestment." In response to Chairman Ross, Mr. Falconer clarified the maturing investments in the months of April and May have been rolled over and were reinvested in T-Bills. Mr. Falconer further clarified that the maturity lengths have recently been shortened due to the economic market. Board Member Daniel commented that changes to the Treasurer's report have helped simplify the report and reflects useful information. �.... 267 2 MOTION - It was moved by Board Members Moulin/Deniel to approve, receive and file the Treasury Report for March 2009. Motion carried unanimously. B. Continued Discussion of the Investment Advisory Board 2008/09 Work Plan and 2009/10 Investment Policy Mr. Falconer advised of the follow-up items from the previous meeting: Internal Controls - Upon his review with staff in regards to internal controls, there are no recommendations at this time. TLGP - Presented to the Board was the draft staff report to be submitted to the City Council on June 19, 2009, for their consideration and approval. Also included within the report was a note stating the program will end June 30`h for new issues, but with a large secondary market, there will be investments available in the next fiscal year. General discussion ensued amongst the Board and staff regarding the TLGP, their yields and the FDIC's guarantee. Mr. Falconer advised in recent conversation with broker/dealers, recently investors have been pulling out of the TLGP and have been reinvesting in Corporate Notes due to a "stabilization" in the economy. In response to Chairman Ross, Mr. Falconer advised the third bullet was a follow-up item from the previous month's meeting. In response to Board Member Deniel, Mr. Falconer advised any future variances in the Treasurer's Report will be noted with an explanation. MOTION - None. Chairman Ross summarized the TLGP discussion from the previous month's meeting and stated Board Member Moulin was not in favor of the TLGP; the remaining Board members in favor of the program. Mr. Falconer advised that the drafted Staff Report would be his recommendation to amend Section X. (5) and (8) the Fiscal Year 2008/09 Investment Policy and continue with the program through the Fiscal Year 2009/10 Investment Policy. In response to Chairman Ross, Mr. Falconer advised that at the next scheduled meeting in June, the Board will meet with the City Manager „_. 3 268 and City Attorney, and at that time, the Board would recommend any changes to the Investment Policy. If there is a Board Member who does not agree with the recommended changes, that Board member could make a minority report stating their opposition. General discussion ensued amongst the Board regarding the TLGP's maturities, comparable investments and the suggested language within the "draft" staff report. It was agreed upon by the Board to make the following changes to the draft staff report: Chairman Ross suggested that the TLGP is also included in Section 5. Prime Commercial Paper. Mr. Falconer advised that TLGP would be listed in Section 5 in the 2009/10 Investment Policy. The Board agreed to the following recommended changes to the draft staff report: Section 5, last sentence should read: The City is also permitted to invest in commercial paper issued [... I Discussion ensued amongst the Board regarding the underlined sentences within the current policy; it was recommended by Chairman Ross that a form change be made at the next scheduled meeting for the upcoming 2009/10 Investment Policy. Board concurred. MOTION - It was moved by Board Members Deniel/Bassi to approve the amended language to the draft staff report dated May 19, 2009. Motion carried unanimously. Board Member Moulin stated page 14 of the Investment Policy, second paragraph, references the auditor's comments in a "management letter" and suggested the term "management letter" be changed. Mr. Falconer advised the management letter is directed to the City Council and the term "management letter" is a generic term used. The Board reviewed the attached Investment Policy and changes/additions/deletions are shown in amended form. 4 269 General discussion ensued among the Board regarding the term "management letter;" it was agreed by the Board that Board Member Moulin draft suggested language and present it at the next scheduled Board meeting. Mr. Falconer advised that he would forward the most recent letter from the auditors to Board Member Moulin. Board Member Moulin suggested that on page 15 of the Investment Policy, Section XVIII Investment Advisory Board - first paragraph that the word "five" be omitted so that it would give the City Council flexibility if they decided to change the number of members on the Board. Mr. Falconer advised that the number of Board members is also included in the municipal code; if the number is deleted in the Investment Policy, the municipal code would also have to be changed. Board Member Moulin advised that on page 22, the function of "Security of Investments at City," the "Responsible Party" is currently listed as "Vault" and should reflect a person(s). Mr. Falconer advised that the responsible parties are the Accounting Manager and the Senior Secretary. Mr. Falconer advised that on page 23 item 4, Broker/Dealer Services, the group Merrill Lynch has been replaced with Banc of America Securities. MOTION - It was moved by Board Members Deniel/Bassi to continue the review of the investment policy, the work plan and the review of the TLGP to the next scheduled meeting. Motion carried unanimously. In response to Mr. Falconer, Chairman Ross advised staff should proceed with the TLGP staff report based on the recommended changes during the Board meeting. Board Member Daniel advised she would not be in attendance at the next scheduled meeting. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report and other selected Financial Data — April 2009 Mr. Falconer presented and reviewed the month -end cash report advising the Board page 3 reflects the LAIF performance reflecting a slight decline and ending at 1.05%, and page 4 reflects the 30 to 90 day commercial 5 -� 270 paper rates with the AA paper at .53% and the asset backed paper at 3.01 %. B. Pooled Money Investment Board Reports — January 2009 Noted and Filed C. Update on California Municipal Treasurers Association Conference (CMTA) General comments were made by Board Members and staff who attended the conference. Chairman Ross advised that one of the seminars he attended during the CMTA Conference was focused on the CDARS program; he thought this would be item of consideration for 2009/10 work plan. The conference was attended by four of the five Board members. Noted & Filed VII BOARD MEMBER ITEMS - General comments and discussion ensued regarding the handout from Board Member Moulin. VIII ADJOURNMENT MOTION - It was moved by Board Members Deniel/Park to adjourn the meeting at 5:48p.m. Motion carried unanimously. Senior Secretary 2 71 6 REPORTS/INFORMATIONAL ITEM: Po MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the Study Session Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 21, 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. I. CALL TO ORDER A. Roll Call. Present: Commissioners Redmon, Sharp, Wilbur, Wright, and Chairwoman Puente Absent: None Staff Present: Planning Manager David Sawyer 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 Wright/Wilbur to approve the minutes of March 19, 2009, as submitted. Unanimously approved. V. BUSINESS ITEMS: None VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Attendance Update There was general discussion regarding the Commissioners' attendance records. Commissioner Sharp joined the meeting at 3:04 p.m. 272 Historic Preservation Commission May 21, 2009 VII. COMMISSIONER ITEMS: A. Discussion of the California Preservation Conference — Palm Springs, California — April 16-19, 2009. The Commission and staff discussed and shared information from the classes they attended at the California Preservation Conference. Chairwoman Puente commented she was very pleased with all of the knowledge and information she gathered, and with the people she met and established contacts with at the Conference. She suggested building relationships with the other Historic Preservation Commissions in neighboring cities, developing a brochure, and developing a historic preservation section on the City's website. Commissioner Wilbur said he was very happy with the Conference as well. He shared information on what he learned about in the several classes he attended. There was discussion regarding multiple listings, updating the Historic Record Survey, the Historical Context Statement, and different ways to interest people in the history of the community. Commissioner Wright said previously, the Commission had concentrated primarily on the archaeological aspect of historic preservation due to the on -going construction in the city over the last few years and had not spent a lot of time on historic structures that are fifty years old or older. He noted, now that construction has slowed down, it would be a good time for the Commission to do that and update the Historic Record Survey. General discussion followed regarding the next California Preservation Conference which would be held in Grass Valley, California. Vill. PLANNING STAFF ITEMS: A. Discussion regarding Work Program for Fiscal Year 2009/2010. Chairwoman Puente said the California Preservation Conference had inspired her a great deal and she felt the Commission could be more proactive in the community. She discussed a few items of suggestion amongst which: 273 3 Historic Preservation Commission May 21, 2009 • Update the Timeline and Accomplishments to current date; • California Preservation Trends regarding buildings that may qualify as historic sites in the near future; • Identify possible buildings that may qualify to be identified as historic sites; • Create an active network with all neighboring cities' Historic Preservation Commissions; • Work together with the La Quinta Museum; • Development of La Quinta Brochure. Chairwoman Puente suggested a brochure be put together that would give developers and builders a reference to the City's landscape water conservation policies, energy efficiency requirements, indoor environmental features, emission of air pollution, etc. at a glance. Commissioner Wright said the City did not yet have established policies and ordinances on all of the above items. Planning Manager Sawyer said these items would be better addressed by the Planning Commission and City Council. General discussion followed regarding local Indian Tribes, the La Quinta Museum, and other items mentioned during the Conference. B. Discussion regarding Commission Summer Meeting Schedule. Planning Manager Sawyer said the Commission should discuss and decide on which meeting the Commission would go dark. He noted the City Council would be dark the second meeting in August and the first meeting in September. He stated the Planning Commission had not yet decided. Commissioner Puente said she would not be attending the meeting in June because she would be out of the country, but she would be back for the meeting in August. General discussion followed regarding the Commission's past summer meeting schedules. There being no further discussion, it was moved and seconded by Commissioners Redmon/Wright for the Commission to go dark during the month of July. Unanimously approved. 274 Historic Preservation Commission May 21, 2009 X. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Redmon/Wright to adjourn this Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on June 18, 2009. This meeting of the Historic Preservation Commission was adjourned at 4:15 p.m. Unanimously approved. 61 Monika Radeva Secretary N Z75. REPORTSANFORMATIONAL ITEM: g r OViu►m0 ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 1, 2009 10:01 a.m. CALL TO ORDER A. This regular meeting of the Architecture and Landscaping Review Committee was called to order at 10:01 a.m. by Planning Manager David Sawyer who led the Committee in the flag salute. B. Committee Members Present: Ronald Fitzpatrick and Ray Rooker. Committee Member Absent: Jason Arnold C. Staff present: Planning Manager David Sawyer, Principal Planner Stan Sawa, and Secretary Monika Radeva. l�l�ll�[�IK�IJdJ�I��i�RTiTa III�Ki"TA Planning Manager Sawyer requested that scheduled Business Item A (FLP 2008-047) be moved to Business Item B (SDP 2006-905) and Business Item B be moved to Business Item A. Confirmed. IV. CONSENT CALENDAR: Staff asked if there were any changes to the Minutes of February 4, 2009. It was moved and seconded by Committee Members Rooker/Fitzpatrick to approve the minutes as submitted. AYES: Committee Members Fitzpatrick and Rooker. NOES: None. ABSTAIN: None. ABSENT: Committee Member Arnold. V. BUSINESS ITEMS: A. Site Development Permit 2008-905 a request submitted by Leslie Lippich Architect and Associates, Inc. for consideration of Architectural and Landscaping Plans for a 4,924 square foot 276 Architecture and Landscaping Review Committee Minutes April 1, 2009 Express Car Wash located on the east side of Washington Street, approximately 780 feet north of Fred Waring Drive. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Planning Manager Sawyer noted the staff report and presentation of this case would be slightly different when presented to the Planning Commission for review. He explained the Public Works Department had requested minor circulation revisions that would reflect on the site plans prior to the Planning Commission's review. However, there were no architectural changes that would affect the review at hand. He added some of the planters' sizes would be reduced slightly due to some driveway changes. Planning Manager Sawyer said staff would show the Committee the site plan for the Mayer Villa Capri project located adjacent to the Express Car Wash for site orientation purposes. Committee Member Rooker asked if there would be any mechanical equipment on the roof. Mr. Lippich replied the roof was completely clear of any equipment as it would be located inside the building. He said the roof would be curved and made out of translucent material allowing sunlight to filter into the car wash tunnel. Committee Member Rooker said he was delighted with the unique architectural line of the building, but he found the color scheme to be very plain and simple. He referenced the Albertson's Shopping Center project across the street and its diversification of color scheme. He suggested the applicant consider using different colors other than the plain sand color to highlight the uniqueness of the architecture. Mr. Yury Levitan, Owner of the Express Car Wash, introduced himself and said the owners of the Albertson's Shopping Center would be re -painting it in the same sand color as the car wash. Committee Member Rooker recommended the addition of color on the stucco, to emphasize the uniqueness of the building. He noted the landscaping plans showed bougainvilleas only on some of the trellises and suggested adding bougainvilleas on all of the trellises. He commented the parking lot side of the building was very barren 277 Architecture and Landscaping Review Committee Minutes April 1, 2009 and devoid of planting. He said instead of using Mediterranean Fan Palms, which would only grow to be 6 to 8 feet tall, some Washingtonia Palms would more appropriate to create a landscaping scale that would soften the impact of the building. Other than the above stated comments, Committee Member Rooker said he was very pleased with the project as it was very nice. Committee Member Fitzpatrick complimented the architect and the designer of the project. He thanked staff for preparing a very nice presentation. Committee Member Fitzpatrick asked if there would be a deceleration lane on Washington Street to turn into the car wash. Principal Planner Sawa replied the plans included the first lane as a deceleration lane immediately adjacent to the curb. Committee Member Fitzpatrick commented on his recent visit to the site. He asked if a community meeting would be required for this project. Planning Manager Sawyer replied the limited size of the project did not require a community meeting. Committee Member Fitzpatrick asked if there would be any possible nuisance issues that would be associated with the newly -generated traffic and car wash noise. He also commented on the lack of air circulation in the building. He expressed his concern of solar heat gain due to the transparent roof panels and what affect that would have on the temperatures generated inside the building during the hot summer months. Mr. Leslie Lippich, Architect with Leslie Lippich Architect and Associates, Inc., introduced himself and explained there was no concern of solar heat gain because both ends of the tunnel would be open, the blower used to dry the cars would create air circulation, and the cars entering the building would be submerged in water for the majority of their passage through the building as they get soaked, washed, and rinsed. Mr. Levitan said the doors of the tunnel would open in the early morning hours allowing for air circulation within the tunnel before the high summer heat has a chance to build up in the building. Committee Member Fitzpatrick asked about water circulation. Mr. Lippich replied the water was being circulated and re -used. Staff noted there are some State requirements that water be re -used. 278 Architecture and Landscaping Review Committee Minutes April 1, 2009 Mr. Levitan said there was oil sense separator equipment, in the car wash, that purified the water prior to re -use. Committee Member Fitzpatrick commented on the temporary banner signage used in Old Town La Quinta and the negative aesthetic impact it had on the architectural appearance of the buildings. He mentioned other sites with temporary signage in the community. He asked staff if a condition could be incorporated banning the car wash from the display of temporary signs. Staff replied there was no policy in place that would justify such a condition. He explained temporary signs were covered under the City's sign code. Staff suggested he could either recommend temporary sign issues as a point of discussion for the Planning Commission or formulate a recommended condition for the Planning Commission to consider. Committee Member Fitzpatrick asked if the sign for the car wash had already been designed. Mr. Lippich replied the sign had not been designed yet, as it was originally going to be placed on the building. However, since the building was set back so far from the street and surrounded by landscaping, the sign would most likely be a monument sign which would be six to seven feet high placed at the southwest corner of the site and visible from both sides of the street. Committee Member Fitzpatrick asked about the building that would be adjacent to the car wash. Staff replied it was part of the Mayer Villa Capri project and it was going to be medical offices. Committee Member Fitzpatrick asked if the zoning allowed for such close proximity for the car wash and medical offices. He said he viewed car washes as noisy and busy places and incompatible next to a medical building. Staff replied the primary zoning for the property was for various commercial uses such as car washes, retail shopping centers, medical office buildings, etc. Committee Member Fitzpatrick asked if the owners of the Mayer Villa Capri project were aware that a car wash would be built adjacent to their project. Planning Manager Sawyer said they would be notified at the upcoming Planning Commission meeting scheduled for April 14, 2009. Committee Member Fitzpatrick asked if they had any concerns. Staff replied they did not. 279 Architecture and Landscaping Review Committee Minutes April 1, 2009 Committee Member Fitzpatrick referenced condition 4 of the staff report and inquired what a "green sheet sign off" was. Staff explained the use of the green sheet and its application with the Building and Safety Department. There being no further questions, it was moved and seconded by Committee Members Fitzpatrick/Rooker to adopt Minute Motion 2009-004, recommending approval of Site Development Permit 2006-905, with the following recommendations: 1). Eliminate condition of approval #3 from the staff report; 2). Add bougainvilleas to all of the trellises; 3). Replace the Mediterranean Fan Palms with Washingtonia Palms; 4). Add the following items, as discussion topics, for the Planning Commission: a) Prohibition of temporary signs, and b) Building color scheme. AYES: Committee Members Fitzpatrick and Rooker. NOES: None. ABSTAIN: None ABSENT: Committee Member Arnold. B. Final Landscapinq Plan 2009-047 (for Site Development Permit 2007-898) a request submitted by Milestone Management (Dan Schultz) for consideration of Final Landscaping Plans for CVS Pharmacy in Jefferson Square Shopping Center located at the southwest corner of Jefferson Street and Fred Waring Drive. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Committee Member Fitzpatrick asked if this was the last time Final Landscaping Plans would be presented to the Committee for review. Staff replied these plans were only for CVS Pharmacy and that each building, on that site, would have to submit Final Landscaping Plans individually. Committee Member Fitzpatrick said he was very pleased with the project. He asked if one of the corners of this site was where a monument sign "Welcome to La Quinta" was to be placed. Staff replied it was, but until the monument sign was constructed the 280 Architecture and Landscaping Review Committee Minutes April 1, 2009 location would remain in landscaping. He asked if there was a drive-thru on site. Staff said there would be a drive-thru pharmacy window. Committee Member Rooker said he was concerned that there was insufficient landscaping. He noted the landscaping was not high enough in proportion to the size of the building and was only four to five per cent of the site, which would make for a very hot and barren building especially in the summertime. Committee Member Fitzpatrick asked if this was a preliminary approval of the landscaping plans. Staff replied these were Final Landscaping Plans submitted to the Committee to ensure that the landscaping plans were consistent with the required conditions of approval. Committee Member Fitzpatrick asked about the conditions imposed on the applicant by the preliminary review. Principal Planner Sawa said there was a condition that the applicant provide additional landscaping around the building and if the Committee felt that it was still insufficient, they could ask the applicant to increase the landscaping until they felt the condition was complied with. Committee Member Rooker said the perimeter landscaping around the street indicated on the plans was nice, but once on site, the landscaping was very minimal in the parking areas and around the buildings. Committee Member Fitzpatrick mentioned that his main concern was not necessarily the lack of landscaping, but rather the acres of asphalt without any shaded parking, or seating area, that would make this shopping center pedestrian -friendly and inviting. He commented that most shopping centers were not pedestrian friendly on the outside and the parking lots were designed solely for the patrons to park their cars and go inside without any attempt to create an inviting environment. He said he would love to see some covered parking. He noted trees could soften the impact of the building and make it look pretty, but they would not create an inviting environment and make the parking lot people -friendly. Mr. David Closson, President and Landscape Architect with Closson & Closson, Inc. introduced himself and said the site plan represented the area from the back of the curb of the parking to the building which was the area that CVS had to work with. He 281 Architecture and Landscaping Review Committee Minutes April 1, 2009 explained the majority of the landscaping was concentrated around the center's main building. He noted additional planters and pots had been added, but there was a sidewalk stipulation that had to be met for the access from the parking into the preliminary sidewalk. Also there was the issue of ownership and whether the landscaping could be expanded further into the parking lot because a different developer was handling the adjacent pad. Mr. Closson commented that wherever possible, on the site, a tree or a pot had been placed. Committee Member Rooker said on the north, south, and east sides of the building he would like to see a tree every ,two to three parking spaces. He also suggested putting some type of plants against the building such as bougainvilleas. Mr. Closson expressed concern about losing parking spaces if additional trees were planted in between the parking stalls. There was general discussion about the difference between the preliminary landscaping plans and the final landscaping plans. Planning Manager Sawyer said the Committee would be making a recommendation to the Planning Director who would make the final decision. If the Committee felt the conditions of approval were not met and additional landscaping should be incorporated, they could make a recommendation on how that could be accomplished. They might suggest additional trees along the parking area and some planting along the wall to help break it up. There being no further questions, it was moved and seconded by Committee Members Rooker/Fitzpatrick to adopt Minute Motion 2009-005, denying approval of Final Landscaping Plan 2008-047 (for Site Development Permit 2007-898) as submitted due to insufficient scale and quantity of planting, with the recommendation that more trees be added to the north, south, and east elevations of the building. AYES: Committee Members Fitzpatrick and Rooker. NOES: None. ABSTAIN: None. ABSENT: Committee Member Arnold. VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Attendance Update 282 Architecture and Landscaping Review Committee Minutes April 1, 2009 VII. COMMITTEE MEMBER ITEMS: A. Committee Member Rooker inquired if the issue presented by Mr. Richard Petri during the November 5, 2009, ALRC Meeting was resolved. Planning Manager Sawyer replied, during the meeting, staff had asked Mr. Petri to stop by the Planning Department counter to discuss his issue in further detail which he had not done and at this time staff did not have an update on the status of the issue. B. Committee Member Fitzpatrick asked about the minutes of the Joint PC and ARLC Meeting and the final outcome of the meeting. Planning Manager Sawyer replied the Commission and Staff felt the meeting was very productive and the minutes were approved by the Planning Commission during the March 24, 2009, meeting. They are available on-line on the City's website. General discussion followed regarding the meeting and the topics discussed. Planning Manager Sawyer said the outcome of the meeting was that staff was given the direction to do some preliminary work on sustainability policies for the City and they were currently working on that. C. Committee Member Rooker requested that staff bring up a discussion topic for the Planning Commission that sign review and approval of the projects be included with the review of the Final Landscaping Plans by the Committee. He said signs were part of a building's architecture once they were placed on a building; as were monument signs. Planning Manager Sawyer said, in order for the Committee to be able to review signs, staff would have to require those at the time the Site Development Permit application was submitted. He explained the reason the Final Landscaping Plans were presented to the Committee was because that was part of the conditions of approval. He elaborated on different pro and con arguments requiring signs and/or sign programs to be submitted as part of the Site Development Permit application. General discussion followed regarding existing signage within commercial developments in the community, the concept of Art In Public Places, and some sign code requirements. 283 Architecture and Landscaping Review Committee Minutes April 1, 2009 D. Committee Member Fitzpatrick stated he would not be available for the May 6, 2009, ALRC Meeting. VIII. PLANNING STAFF ITEMS: Planning Commission Update: Planning Manager Sawyer said there were two Planning Commission Meetings since the last ALRC Meeting. He mentioned the Mayer Villa Capri Project was presented on March 10, 2009, and was recommended for approval to the City Council. The Planning Commission recognized the concerns brought up by the ALRC; in addition, the Commission asked that the corner fountain on Washington Street and Fred Waring Drive be replaced with an art piece and the concept for the interior circular -drive fountain be re-evaluated and modified to be pedestrian- and people - friendly. The applicant decided to completely take out the circular drive water feature and replace it with flowers. The City Council approved the project as submitted, with the suggestion that the applicant try to make that particular area more pedestrian -friendly. Planning Manager David Sawyer said the cases presented to the Planning Commission during the March 24, -2009, meeting had not been reviewed by the ALRC since they were a couple of Sign Programs and a Code Amendment. IX. ADJOURNMENT There being no further business, it was moved and seconded by Committee Members Fitzpatrick/Rooker to adjourn this meeting of the Architecture and Landscaping Review Committee to a Regular Meeting to be held on May 6, 2009. This meeting was adjourned at 11:07 a.m. on April 1, 2009. Respectfully submitted, MONIKA RA DEV Secretary «.... 284 REPORTS/INFORMATIONAL ITEM: co"� MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 28, 2009 CALL TO ORDER 7:05 P.M. A. This meeting of the Planning Commission was called to order at 7:05 p.m. by Chairman Ed Alderson who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer Principal Planner Stan Sawa, Assistant Planner Yvonne Franco, and Executive Secretary Carolyn Walker. IL PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of April 14, 2009. There were no comments from the other Commissioners, but Chairman Alderson requested the following change be made: On Page 21, Item VIII A. line 8 be amended to read: Councilman Sniff was in opposition of accepting the grant because he thought it was time for someone to make a stand and turn down government handouts. There being no additional changes, or corrections, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. Unanimously approved. 285 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 1 1 1, 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. «» ; 286 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. 287 Planning Commission Minutes April 28, 2009 Chairman Alderson said he had concerns about connectivity. He said the flipped version provided access on the south property line, but 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 .... 288 Planning Commission Minutes April 28, 2009 run across both projects and connect with the existing sidewalk for the medical office building to the north. 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. 289 Planning Commission Minutes April 28, 2009 Staff then brought the samples to Commissioner Barrows and pointed out the colors being considered. 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 »• - 290 Planning Commission Minutes April 28, 2009 was due to the increased asphalt. Mr. Lippich said the plans they were looking at only included indications since they were under tight 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. 291 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 theapplicant for the quick response in getting the packets to the Commission. "292 Planning Commission Minutes April 28, 2009 Chairman Alderson asked if the applicant was intending to build immediately. Mr. Levitan responded they do intend to build immediately. 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. 293 Planning Commission Minutes April 28, 2009 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 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. 294 Planning Commission Minutes April 28, 2009 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. 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. M•• 295 Planning Commission Minutes April 28, 2009 Commissioner Barrows asked staff to put up the site plan showing the adjacent Mayer property which staff did. 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. 296 Planning Commission Minutes April 28, 2009 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 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. �.. 2,97 Planning Commission Minutes April 28, 2009 Assistant City Attorney Houston responded yes, in addition to the right to review the actual conditions on the permit. 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. _ 4... 298 Planning Commission Minutes April 28, 2009 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: 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 •... 299 Planning Commission Minutes April 28, 2009 property owner would cooperate with the adjacent property owner to make that happen. 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. 00 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. 301 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. ".'. 302 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. 303 Planning Commission Minutes April 28, 2009 Chairman Alderson asked if there were any comments from the Commissioners. Commissioner Weber commented on finding C, where it stated, on page 4, "Sign Application 2006-1034 Amendment No. 1, as recommended, is harmonious with and visually related to the subject buildings as the scale of the signs and letter sizes used accentuate the building design." He questioned the use of the word "accentuate". He asked for staff's comments. Assistant Planner Franco replied it was standardized language that was used. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Clint Knox, Komar Investments, 23 Corporate Plaza, Suite 247, Newport Beach, CA, 92660, introduced himself and explained why they were trying to get the sign adjustment. He said the Center has been open for almost a year and only had a 50% occupancy rate; not including Costco. He said they were proud of their Center and were committed to the success of their current and future tenants. He explained the visibility of the Center and success of their tenants. He said the broker for the center, Maggie Montez, was present and could answer any questions as well as provide a better perspective of the tenants, and their concerns. He went on to explain about the layout of the Center, the need for the signs and why they had chosen that particular sign placement. Chairman Alderson asked if any of the Commissioners had questions for the applicant. Commissioner Weber asked if there were twelve tenant spots on the sign request. Mr. Knox said there were twenty-four spaces all together within the whole development. Commissioner Weber commented on who was included on those spaces. The applicant confirmed who they were and why they were included. Commissioner Weber asked if there was a raised median, that went down to the pedestrian crossing, which was also landscaped and asphalted. Mr. Knox said yes. Commissioner Weber asked for confirmation on the directory signs, the tenants included, and the 304 Planning Commission Minutes April 28, 2009 directional arrows. Mr. Knox explained where the signs would be and which tenants would be included. Commissioner Weber asked why the lighting of the sign was suggested, but not included. Mr. Knox said they were trying to keep the sign as simple as possible. He then explained where the signs were proposed to be and how they would be lit. Chairman Alderson commented on the fact that the installation of two signs was not code compliant. Planning Director Johnson replied the issue boiled down to the sign program provisions and the City's sign code. He said staff believed, after reviewing the provisions in the language there, one sign with the focus of the tenants within buildings "A" thru "D" would be definitively in line with the criteria set forth in the sign code. That is why the recommendation was made, but if the Commission found that there was other justification for that, it would certainly be something to bring up. He cautioned the Commissioners to make sure that it was substantiated, and defined, if they did something other than what was being recommended by staff. He said they would have to establish findings in their recommendations to substantiate that position. Chairman Alderson asked if a second sign would be considered a variance. Planning Director Johnson said it was not a matter of a variance. This was a sign program and there was latitude. He said the issue was to make sure to cite or define specific reasons justifying the granting of something in excess. From staff's standpoint, a recommendation was made, based on review of the code, but it was a sign program, so there was latitude with the program. Mr. Knox made a statement about certain businesses being negatively impacted by the lack of visibility from the primary access drive. He went on to explain about visibility problems as certain trees continued to grow which created a lack of visibility and a need for the additional signs. Chairman Alderson asked about a picture on one of the exhibits implying that there was an existing sign. Mr. Knox replied that was " 305 Planning Commission Minutes April 28, 2009 just showing what it potentially could look like. Chairman Alderson asked if there were any signs on site. Mr. Knox said no, there were no interior signs, just two monument signs on Highway 111. Chairman Alderson asked are the applicant was asking for approval of one signs versus two, and approval of aesthetics. Mr. Knox confirmed his comments. Chairman Alderson asked if Mr. Knox had previously used the suggested color and style and found it effective. Mr. Knox said they had not. He suggested Mr. Jim Engle, of Imperial Sign, could help describe it a little better. He added that he trusted Mr. Engle's opinion, and that it looked good and was a simple design. Chairman Alderson asked Mr. Engle to come up and address the Commission. Mr. Jim Engle with Imperial Sign, introduced himself and offered to questions. 46120 Calhoun Street, Indio, CA, answer any of the Commission's Chairman Alderson said he had two comments; 1). the sign was very generic, and 2). the colors jumped out with the black letters on white background. He asked if these color schemes were definite as he didn't care for them. Mr. Engle said they were just trying to match the architecture. They could lighten up the background or figure out another scheme that worked. They were more concerned about obtaining the necessary signage. Chairman Alderson commented it was Mr. Engle's decision, but he did not see this was as effective as it could be. Chairman Alderson went over the site plan and commented on the sign recommendations. He then asked if Ms. Montez was going to speak. Ms. Maggie Montez, CB Richard Ellis, 73-400 Highway 1 1 1, Indian Wells, CA, introduced herself and commented on the challenges of leasing new space and what the tenants had to face. Chairman Alderson asked if there were any questions of Ms. Montez. 306 Planning Commission Minutes April 28, 2009 There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Weber commented he wanted to be as amenable as possible to help businesses succeed. He did state he was starting to worry about the number of applicants coming forward with sign changes, and anticipated that would continue in the future. He worried that the design of the center did not allow tenants in the back to be visible since that was a function of the design and what had been submitted. He commented that while the markets may change the Commission should not waiver from standard procedures. He thought staff was correct in analyzing this to be directional signs, even though, they had been discussed as marketing signs. He then discussed where the potential signs would be located and how they would direct traffic. He commented on the fact there would be more confusion, with these signs, especially if there was a pedestrian crossing in the second area. He discussed the potential problems with drivers versus pedestrians with this layout. He said he wanted the lighting issue addressed because moving the signs closer to the parking lot lights was probably not going to serve the applicant's intended purpose. The parking lot lights were not designed with the intention of lighting these signs. Commissioner Quill said he did not agree with those comments since it was a simple sign that provided direction. The applicant had done an admirable job of designing a big box commercial center. This side of the center had been operational since approximately July of last year, and they were at 50% occupancy. He commented on the current economic climate and said 1). the signs were not lit, so they did not use any electricity, and 2). they did not need to be lit because the center didn't operate in the after dark hours; except for the restaurant buildings which faced the street. The signage was reasonably unobtrusive and compact. He said he believed the Commission needed to do everything they could to help the developer out because of the good job they did in designing the center and should not be penalized, from a signage standpoint. He suggested the Commission allow both locations and the sign design as proposed. Commissioner Wilkinson commented on the placement of the tenants on the left having left arrows and the tenants on the right having right arrows to avoid confusion. He also commented on the possible 307 Planning Commission Minutes April 28, 2009 relocation of the name Komar Desert Center since people would probably be directed to Costco, BevMo, or Souplantation. He suggested the tenants names be moved to the top of the chart and Komar be placed on the bottom Chairman Alderson said he agreed with everything Commissioner Quill said. He added the City should do anything they can to benefit commercial tenants and commercial efforts. He also concurred with the two signs, and suggested some more thought be given to the colors. Commissioner Quill suggested the applicant seriously consider Commissioner Wilkinson's comments to relocate the Komar Desert Center name to the bottom of the sign. Commissioner Barrows agreed the tenants should have the maximum amount of identification. Komar should be at the bottom, in smaller letters. That would provide more visibility for the tenants There was no further discussion and it was moved and seconded by Commissioners Quill/Barrows to approve Minute Motion 2009-007 recommending approval of Sign Program 2006-1034, Amendment No. 1 as follows: 1). Condition No. 2 be amended to read: Two additional freestanding signs are approved in the design, size and height as identified in Attachment 3 and shall be located at the locations shown on Attachment 2. 2►. The applicant may consider relocating the "Komar Desert Center" identification to the bottom of the signs and be shown in smaller sized lettering than the tenant identification. AYES: Commissioner Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: Commissioner Weber. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: VII. CORRESPONDENCE AND WRITTEN MATERIAL: 308 Planning Commission Minutes April 28, 2009 VIII. COMMISSIONER ITEMS: A. Commissioner Barrows was unable to attend the City Council meeting of April 21, 2009, and Commissioner Weber attended on her behalf. He highlighted the following items, from that meeting: • The Council approved the Green marketing services plan. • Council approved the SilverRock Resort annual plan and reviewed some cost savings items. • Conversations of the federal stimulus (bail out money). • Conversations regarding the League of California Cities and their support of propositions. • Conversation regarding various contract extensions. • Discussion of comments made by the Dolphin La Quinta applicant, not brought forward previously, questioning the payment of the Multi Species Fee which brought questions and discussion from Council. • Discussion of the 2009 — 2013 CIP projects, especially noting the Jefferson Street Road Widening. • Commissioner Weber asked about trails in the CIP Plan. Staff said they were trying to get a feasibility study completed. Commissioner Barrows thanked Commissioner Weber for filling in and for his fine presentation on the meeting. B. Chairman Alderson noted Commissioner Quill was scheduled to report back on the May 5, 2009, Council meeting. IX: DIRECTOR ITEMS: A. Discussion of the General Plan Update Request for Proposals. Planning Director Johnson noted the Request For Proposal items had not been included in the Commission packets and provided the Commissioners with copies. He gave a brief overview of what the Request entailed and the procedures which would be followed in the consultant selection process. 309 Planning Commission Minutes April 28, 2009 He offered to have a copy of the proposal, in Word format, e-mailed to the Commissioners so they might comment directly on the document; especially with regards to format and scope. General discussion followed which included some of the following items: • The purpose of the Request for Proposal. • Why the City was doing the General Plan Update at this time and the fact that the General Plan is updated approximately every ten years. • Staff's interest in participation from the Planning Commission. • The incorporation of AB 32 and SB 375 requirements in the new General Plan. • The procedure for selection of the Consultant and what their responsibilities would be. • The incorporation of sustainable design issues. • Transportation, circulation, golf carts and nevs (neighborhood electric vehicles)• • Multiple use facilities. • Neighborhood outreach • Timeline of submitting comments and various deadlines in the selection process. • Information posted on the City's website. • Who would be eligible to submit a proposal. B. Chairman Alderson advised the Commission he would not be attending the next regularly scheduled meeting (5/12/09) and Vice Chairwoman Barrows would be presiding over that meeting. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on May 12, 2009. This regular meeting was adjourned at 9:51 p.m. on April 28, 2009. Respectfully submitted, Carolyn �1a/lker, Executive Secretary City of La Quinta, California 310 Department Report: I -A 9 OF T TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services DATE: July 21, 2009 SUBJECT: Department Report — Response to Public Comments The following public comment was made at the July 7, 2009 City Council meeting: 1. Willian Cain, 52-485 Avenida Rubio, stated he has been juried into the La Quinta Arts Festival only once out of 13 years of applying for the event. He stated many of the spaces are occupied by the same artists every year, and requested a stipulation be implemented by the City to set aside a percentage of spaces for local artists, and asked the City, as a premier sponsor, to make this request in next year's award of funds. Mayor Adolph thanked Mr. Cain for his comments. He indicated he expressed Mr. Cain's concerns earlier in the meeting; however, Mr. Cain was not in the audience at that time. 311 Department Report: / �a a,� w `y OF'CtiF' TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager — Management Services DATE: July 21, 2009 SUBJECT: Update on Green and Sustainable La Quinta Program This report provides a quarterly update to La Quinta "green" activities for the period April through June 2009. City-wide Green Publicity, Projects and Activities The La Quinta Gem and The Desert Sun were used to promote the Green Workshop held at the La Quinta Museum on April 22, 2009 (Earth Day). Over 50 people attended and learned valuable information to help cut utility costs and natural resource consumption. The Mayor provided a welcome message followed by presentations from each of the City's conservation partners: Imperial Irrigation District, Coachella Valley Water District and Burrtec. La Quinta residents and business owners were also able to visit each of the conservation partners' booths and receive practical one-on-one advice, information on rebates and "how to" flyers. The City purchased a 2009 Ford Escape Hybrid vehicle. The vehicle is expected to get 34 miles per gallon of gas in the city and 31 miles per gallon on the highway. The vehicle may be used by staff for business purposes. 312 Development Projects Vista Dunes Courtyard Homes Vista Dunes has been in the news with two television news programs (Channel 2 and Channel 3) and several newspaper articles (The Desert Sun and Public Record). Residents were asked how they liked living there and about the project's environmental design; they spoke highly about energy use and low utility bills. One tenant shared her monthly electric bill with the reporter; it was $17 for the month. The news crew visited a vacant unit and with temperatures in the mid-80's, the interior temperature was 71 degrees. The California Redevelopment Association (CRA) recently awarded Vista Dunes Courtyard Homes its 2009 Sustainable Development Award at its annual conference in Monterey, California. A write-up on the project and award was featured in the CRA's monthly publication, Redevelopment. In addition, Vista Dunes Courtyard Homes was selected as a Merit Winner in three categories: outstanding affordable project, sustainable residential neighborhood, and residential community of the year, by PCBC (formerly Pacific Coast Builders Conference now Homebuilding's Premier Tradeshow and Conference). PCBC recognizes those developments that improve our communities through exceptional concepts in design, planning and development. Wolff Waters Place Housing Project The Coachella Valley Housing Coalition (CVHC) — Wolff Waters Place Housing project located on Avenue 48 and Dune Palms Road is anticipated to be completed in mid -December, 2009. The project will achieve LEED Certification and will include features that embrace a myriad of green building practices including: solar hot water for laundry building; transit friendly location including bus stop and shopping within walking distance; low water use landscape and irrigation; dual flush toilets; low flow water fixtures; energy efficient lights; energy star appliances; recycled building materials; low Volatile Organic Compounds paints; reduced construction waste stream; advanced indoor air handling systems; underground parking, high efficiency air conditioning units; and a tenant training program. "Green" Related Federal Stimulus Funding On June 25, 2009, staff submitted an application for the American Reinvestment and Recovery Act of 2009, Energy Efficiency and Conservation Block Formula Grant (EECBG) funding. The EECBG funding is formula based wherein the amount received is based on population and energy usage. The City is allocated to receive $180,700. The City is focusing on two EECBG project activities: 1) Energy 313 Efficiency Retrofit Measures for Municipal Buildings, as described by the EECBG Program, and 2) Solar Photovoltaic System Study (Solar Study) to describe possible energy savings and financial analysis of solar panel installation over the carport roofs of the Civic Center/City Hall, Library and Senior Center. The two EECBG project activities will support the City's existing Green and Sustainable La Quinta Program intended to reduce energy consumption and green house gas emissions. Updates of Utility Programs Partnership with Coachella Valley Water District (CVWD) The City and the Coachella Valley Water District established a Water Waste Helpline which is intended to allow individuals to report violations contributing to water waste. City and CVWD personnel have been trained to ensure calls are responded to in an efficient manner. The phone number for the helpline is also available on the City's after hour's phone directory. As calls are received at CVWD, CVWD staff members are dispatched to the location for follow-up. For after hours calls and on weekends, calls are responded to the following day or Monday. If the resident does not comply, the City's Code Enforcement staff members respond accordingly. Since implementation, there have been 39 total calls 14 of which were calls from outside La Quinta showing that the program is spreading to other Coachella Valley cities. The breakdown of calls is shown below: Broken Sprinkler Head 8 Spray Head Alignment 3 Flow Off Landscape 6 Standing Water 1 Industrial Water Flow 1 Stuck Valve 2 Missing Spray Head 3 Water Waste Violation 4 Over Seeding 1 Water in Intersection 1 Parking Lot Cleaning 2 Other 7 The City Municipal Code currently has a provision which prohibits allowing water, including irrigation water, from flowing onto a right of way (street). This provision, when combined with the CVWD/City Water Waste Helpline Program will help in reducing water waste. The City has installed a sign in front of the police sub -station on Avenida Bermudas to promote the City and CVWD's cooperative Landscape Water Conservation Program. The sign's purpose is to inform people of the conversion from turf to drought -tolerant landscape taking place at the sub -station, and encourage residents to initiate water saving efforts and obtain funding for their own landscape conversion projects. As a result, a great deal of interest in the City/CVWD Cooperative Landscape Water Management Program has been generated. Currently, 32 La Quinta residents have completed the program and there are 28 applications pending. 314 For calendar year 2009, 82 Weather Based Irrigation Controllers (WBIC) have been installed in City of La Quinta homes. In addition, the City is in the process of having Smart Controllers installed on all of the RDA owned Cove homes. So far, 18 of 27 Smart Controllers have been installed. The City and CVWD chose two Redevelopment Agency (RDA) owned homes to participate in the landscape conversion program. The homes are located at 52-985 Eisenhower Drive and 51- 805 Avenida Cortez. The landscape conversion on these RDA Cove homes has been completed and the landscapes feature desert plants as well as drought - tolerant plants for additional color. In an effort encourage water conservation and efficient irrigation, CVWD has recently implemented a Tiered Rate System. Tiered rates are a structure in which customers are charged varying rates based on their amount of usage as a means of encouraging responsible water use. CVWD staff indicated in two recent billing cycles which are predominantly comprised of La Quinta customers, 78 percent (first cycle) and 82 percent (second cycle) of single-family residential water users had no increase in their water bill. This can be attributed, in part, to the extensive water conservation outreach and education efforts of CVWD and the City of La Quinta. Partnership with Imperial Irrigation District (IID) On July 7, 2009, the City Council approved the request to apply for American Reinvestment and Recovery Act of 2009 (ARRA) funding in partnership with IID for an AB 811 Program. IID personnel will be applying for $5 million dollars in ARRA funding from the California Energy Commission State Energy Program for the proposed AB 811 program. In addition, if awarded, IID is planning on providing $5 million dollars to match this funding. This level of funding has the potential to reach many IID customers including La Quinta residents interested in reducing their energy consumption and saving money on their electric bills, while at the same time reducing their carbon footprint. IID serves approximately 8,000 single-family homes in La Quinta. Approximately 3,200 single-family homes built before 1992 are in the target market, and if IID moves forward with the AB 811 program, the financing program could assist a substantial number of La Quinta residents. If IID is successful in implementing an AB 811 program for their customers, IID has offered to provide all administrative support for the AB 811 program to assist City residences and businesses in their pursuit of energy savings. Staff regularly meets with IID personnel to discuss energy efficiency and conservation efforts. Highlights of a recent meeting included: »_ 315 ➢ Home Energy Audits: IID personnel conduct home energy audits and provide no -cost and low-cost energy efficiency recommendations to homeowners. From January 2009 to June 2009, there were 44 audits conducted with a total Kwh reduction of 7,190 over the six-month period compared to last year representing a significant reduction. IID personnel also gave away 155 Compact Fluorescent Lights (CFL) to help those homeowners get started. ➢ Demand Side Management Workshops (DSM): IID and City personnel are planning DSM Workshops designed to target specific residential and commercial areas to help residents and businesses achieve energy efficiency through no -cost and low-cost measures. ➢ Energy Baseline Reports: Energy IID personnel had previously provided a 2005 Energy Baseline Report; 2006-2008 Energy Baseline reports will be forthcoming. Energy level benchmarks are necessary in order to document energy savings as a result of City energy programs, outreach and activities. ➢ AB 811 Program: IID personnel stated that IID wanted to partner with the City to jointly apply for ARRA grant funding. As a result, City staff prepared a staff report and presented it to the City Council on July 7, 2009. Once the IID Board of Directors gives final approval to apply for ARRA funding, IID personnel will submit an application for funding consideration. Waste and Recycling Staff continues to meet and work with Burrtec and Hilton, Farnkopf & Hobson (HF&H) Consulting with regard to waste and recycling management services. Burrtec and HF&H have been cooperative and valuable partners in providing City staff with waste management data and providing quality customer service. On April 21, 2009 City Council approved a one-year contract extension with HF&H, for AB 939 waste and recycling services. This one-year contract extension provides for a reduced Scope of Services with HF&H and will bring a significant portion of the AB 939 related services in-house thereby providing significant savings in Fiscal Year 2009-2010 of $43,000 in the General Fund and ensuring the City's continuing compliance with the State's AB 939 mandate. The Sharp's Program allows La Quinta residents to properly dispose of used needles and syringes thereby protecting themselves, their families and the community. The program is completely confidential and is FREE to La Quinta 316 residents. From January 2009 to June 2009, almost 1,000 Sharps containers were received from La Quinta residents for proper disposal. Staff has been working with Burrtec and HFH on two new programs: Restaurant Foodwaste Diversion and Non -Controlled Medication Disposal. Currently, Burrtec provides Costco with a food waste program and staff is working with Burrtec to implement a city-wide Food Waste Program. Staff will provide the City Council with a staff report outlining a Food Waste Pilot Program at a future date. HF&H provided staff a memorandum on a potential Non -Controlled Medication Disposal program for evaluation. Program participants would mail an envelope via the U.S Postal Service to Sharp's Inc. The envelopes and contents are then disposed of at an incineration facility in Carthage, Texas. There were two options presented: one with a cost of $13,575, and the other with a cost of $49,040. Both depend on approximately 30% participation. At this time, staff has determined to hold off on the program to see what other disposal options may be available in the near future, and to determine what direction if any, federal, state and local governments will take. The City, in partnership with Burrtec Waste & Recycling Services, hosted a free Document Shred Day to La Quinta residents and businesses. Over 85 vehicles filled a truck with over 3.75 tons of material. The next Document Shred Day will be October 24, 2009, from 9:00 a.m. to noon. Staff worked with personnel from Franklin Elementary School and Burrtec on an exhibit which is currently on display in the lobby at City Hall. The exhibit entitled "Think Outside the Box, Ideas for a New Planet" reuses recycled paper towel dispensers by turning them into art and science projects. This project, demonstrating how to make the planet a better place, features ideas developed by students in the 5th grade International Baccalaureate program. Burrtec provided the recycled boxes used as displays for the artwork. Burrtec personnel continues to meet with individuals of businesses, homeowners associations, schools, builders, apartments and shopping centers providing them with valuable waste and recycling information, recycle totes/bins and presentations. Educational Programs and Seminars Attended by City Staff On April 16, 2009, Planning staff members attended an SB 375 seminar. The all - day training seminar discussed recent legislation that links regional transportation planning, regional housing needs allocation, and land use planning with global warming. The ultimate goal of the legislation is to reduce greenhouse gas emissions by encouraging residential development closer to areas of employment, 317 and to reduce the amount of time and distance spent commuting. SB 375 is one of many new bills that have been signed in recent years that link local planning with greenhouse gas reductions and environmental sustainability. On April 17, 2009, City Council Members attended and staff sponsored an exhibitor booth at the CVAG Energy Summit. The Energy Summit included regional leaders in government, energy, and the private sector to advance energy efficiency, sustainability and green job growth in the Coachella Valley. Staff provided information on energy efficiency, water conservation and waste and recycling to members of the public (individuals, businesses, homeowners associations). On May '28, 2009, Staff hosted and attended the Water Quality Management Program Training for the Whitewater Region in the City's Emergency Operations Center. Annual training is required by the National Pollutant Discharge Elimination System (NPDES) permits to ensure that water quality is protected. Topics covered in the training included: ➢ NPDES Regulatory Overview ➢ Constituents of Concern in Urban Runoff for New Development and Significant Re -development ➢ Solutions Overview ➢ Best Management Practices for: o Site Design o Source Control o Treatment Control ➢ Implementing the Water Quality Management Plan Guidance Documents Conclusion The City has been very pro -active in developing programs, training staff and reaching out to La Quinta residents to ensure reduction in water and energy consumption and greenhouse gas emissions. Staff will continue to make significant efforts to meet the City Council's expectations to protect the environment and maintain a "Green and Sustainable La Quinta." = 318 JULY 21 AUGUST 4 AUGUST 5 AUGUST 18 AUGUST 27 SEPTEMBER 1 SEPTEMBER 15 OCTOBER 6 OCTOBER 20 NOVEMBER 3 NOVEMBER 11 DEPARTMENT REPORT: 3-A CITY COUNCIUS UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING STORY TIME AT MUSEUM CITY COUNCIL MEETING - CANCELLED ANNUAL BACK TO SCHOOL PROGRAM AT SENIOR CENTER CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING VETERAN'S TRIBUTE AT CIVIC CENTER CAMPUS • 319 LA QUINTA CITY COUNCIL MONTHLY CALENDAR July 2009 2 3 4 June August 10:00 AM ALRC it it S M T W T F S S M T W T F S 1 2 3 4 5 6 1 7 8 9 10 11 12 13 2 3 4 5 6 7 8 CITY HALL CLOSED Independence Day 14 15 16 17 18 19 20 9 10 11 12 13 14 15 16 17 18 19 20 21 22 FORINDEPENDENCE 21 22 23 24 25 26 27 23 24 25 26 27 28 29 DAY HOLIDAY 28 29 30 30 31 5 6 7 8 9 10 11 3:00 PM City Council 9:00 AM RCTC- 9:30 AM Animal Campus. Meeting Henderson Franklin 4:00 PM Investment 11:00 AM CVCC Sniff 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 Preser- 9:00 AM CVA Evans Henderson Commission Cmte: Franklin vation Commission 12:00 PM Transp 12:00 PM HCRC-Franklin Henderson 4:00 PM J.Cochran 3:00 PM Mins. Airport Franklin Consversancy-Franklin 5:30 PM Community 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 Code, Adolph Printed by Calendar Creator Plus on 7/9/2009 » J 320 2O LA QUINTA CITY COUNCIL MONTHLY CALENDAR August 2009 2 3 4 5 3:00 PM City Council ID:00 AM ALRC Meeting 9 1 111 12 5:30 PM Community 7:00 PM Planning 9:00 AM RCTC- ' Services Commission Commission Henderson 6:00 PM League - Henderson 16 117 18 19 3:00 PM City Council Meeting CANCELLED 6 7 8 12:00 PM Mayor's Lunch 13 114 20 21 3:00 PM Historic Preset 9:00 AM CVA Evans vation Canunssian 23 24 25 26 27 10:30 AM RCTC Budget. k00 PM Planning Commis] 12:00 PM Sunline Adolph 9:00 AM LAFCO. Henderson sion - CANCELLED Henderson :A 15 22 w 30 31 :. July September S M T W T F S S M T_W T F S _... 1 _2 3 .4 1 2 3 4 _.5 5 6 7 8 9 10 11 6 7 8 9 10 11 12 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 7/9/2009 ss. y 321 LA QUINTA CITY COUNCIL MONTHLY CALENDAR September 2009 1 2 3 -- 4 5 o. August - 3:00 PM City Council 10:00 AM ALRC S M T W T F S _ Meeting- CANCELLED s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 n� 6 7 8 9 10 11 12 7:00 PM Planning 9:00 AM RCTG 9:30 AM Animal Campus Commission Henderson Franklin 4:00 PM Investment 11:00 AM CVCC-Sniff Labor Bay Advisory Board 12:00 PM Energyl )CITY HALL CLOSED) Environs Sniff 13 14 15 16 17 18 19 10:00 AM Pub. Shy- 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser. 9:00 AM CVA Evans Henderson Meeting Cmte: Franklin vation Commission 12:00 PM Transp. 12:00 PM HCRC-Franklin Henderson 4:00 PM J.Cochran 3:00 PM Mtns. Airport Franklin Conversancy Franklin 5:30 PM Community Services Commission 6:00 PM League - Henderson 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO Commission Henderson 27 28 29 30 10:30 AM RCTC Budget- October Henderson S M T W T F S 6:00 PM Exec Cmte: 1 2 3 Adolph 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 7/9/2009 ,,, ,1 DEPARTMENT REPORT: T4hf 4 4 a" TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety V' DATE: July 21, 2009 RE: Department Report — June, 2009 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of June. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $24,150,632 which includes an issuance of 131 building permits in June; • Animal Control handled 241 incidents in June; • Code Compliance initiated 308 cases in June; • Garage sale permits generated $1,240 in revenue in June. 323 '..� C N O j't 01 3 to J m m O I N It tD N O n cm M 't.--�� N; V N O O m p ri M M N t0 N 00 n M 00 Ln N ,-� O ,-L 01 n O 00 M M O 00 M .--I N o r� It M I a1 Ln It 00 v ID r-L R v r, oo - orn - o , moo , N00 o M pp V p F p N ! 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FQa O F\ F O m o q O a U- O a zwuH �wwowaaFa.aw ooaaazg �q oawwawa .a xo ux U zmz a Uf W W UF.m as QOH. h^h P O O m M O M 0 a co O N M r- N O O N W m W 7 0 co a N N O M r V N O N N In n N M e- M r p W QIn F co N r N 0 0 Z U O 0 cn a , 0) N O 01 m O E N O m Ol Ow (D In 0 0 0 0 0� � N N r M N OI N N M cD O 7 0 W V co e- O O O O N M N M N M M N p O Of M .�- QM H O N W O M� p C4 It N Of Of N N` a0 O O r N 0 (O (O O O r 0 0 0 0 c D M M co Q1 M tfJ 00 M O M O N� O In N M N O M N O m N M C c0 m -p C •O O O O� OEW U) C C C V c 0 Q a W w N 2 U m '6 CL E E Ea E� Z °'E� C j Y > ~ > ~ ~ ~ Q w U c c c goy m m m E E E2�mac vo c c d c c o c c y Oa o Q c¢ c & Z N > o w 3o— Z w m o 5 0 J Q m a 0 0 0 N Q o 0 d 0 0 0 Q o 0 m w E a� o c a N= 'y 'o 'c s U L O H .. F V m¢U>N�00 ._ ,� r Fc a O o 0z cdi 0J c- Z0 o ¢ z 5 N M N O N_ M N I m W N O N m O 1 r M <D D) f D) 00 O O a) d) LO (D O M O (O (D LO D) O N n p LNO O h f0 N } N 0 z U a U rn Q 75 N 4 N O D) V pp N 0 N 7 N N N N M M m coN Lp O O N O (O O r (O N N N (O a r {r'/ O M N 0)O D) N N M M N m m O (D O N Q N N M M M M OI l9 COcoN O O O )C) ar0 Or D (D a V N ((DD O lO r M M co N M M M M � O � M a M 0) 0) O •- O N O N M N M I U- N (D d) W r O M C (NO O N N f0 N N N N 00 z U U pg W LU F~Q O N Nu N ?z c N z C O Wz O y a W NzFU t W w > z > wFOFN~LLW Co Z IL '0 2 F p w a w Wdz WQmQ uj _0m moo aaQ v ¢ V W tl Ny -i W U N (v a r z V) w J O7pyuQ z Q E O ONv YE O O O 0 z p W U) J q a.cn UU (%U JcU in- (nU z2NOQZ_Q W z 3 > m m==<a DEPARTMENT REPORT: y OF TKF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: July 21, 2009 SUBJECT: Community Services Department Report for June 2009 Upcoming events of the Community Services Department for August 2009: Aug 1 Summer Golf Tour, Marriott Shadow Ridge Aug 3 *Morning Workout Aug 3 *Mat Pilates Aug 3 *Soft Core Touch Aug 3. Tai Chi Chuan, Fitness Center Aug 3 Jazzercise, Senior Center Aug 4 Zumba, Senior Center Aug 4 Body Sculpting, Senior Center Aug 4 Youth Tennis 5-7, Fritz Burns Park Aug 4 Youth Tennis 8-10, Fritz Burns Park Aug 4 Youth Tennis 14-17, Fritz Burns Park Aug 6 Adult Tennis, Fritz Burns Park Aug 6 Youth Tennis 11-13, Fritz Burns Park Aug 8 Summer Golf Tour, Desert Willow, Fire Cliff Course Aug 11 Golf Fitness Free Presentation, Museum Aug 15 Summer Golf Tour, Mountain Vista Sun City, San Gorgonio Aug 22 Summer Golf Tour, Terra Lago Golf Resort, North Course Aug 27 *Mature Driver Aug 27 *Annual B&G Back to School Program Luncheon Aug 29 Summer Golf Tour, Trilogy Golf Resort Aug 29 Summer Golf Tour, Banquet @ Azul Restaurant, Trilogy *Senior Center class or activity 328 Community Services Department Attendance Report for the Month of June 2009 Summary Sheet Program 2009 2008 Variance Sessions Per Month 2009 2008 Leisure Classes 146 78 681 91 68 Special Events 716 711 5 6 7 Adult Sports/ Fitness 1124 766 358 48 42 Senior Center 1050 959 91 82 64 Total 3,036 2,514 522 227 181 Senior Services Senior Center 245 325 -80 18 19 Total 245 325 -801 18 19 Sports User Groups La Quinta Park Use AYSO 100 200 -100 12 15 LQ Sports & Youth 40 25 15 6 4 Sports Complex LQ Sports & Youth 700 600 100 21 21 Facility/Park Rentals Senior Center Private Part 450 400 50 3 2 Churches-2 600 300 300 8 4 Museum Meeting Room 240 0 240 4 0 Library Classroom 400 300 100 8 6 Civic Center Campus Private Pa 0 0 0 0 0 Park Rentals La Quinta Park 350 150 200 7 3 Fritz Burns Park 0 0 0 0 0 Total i 2,8801 1,975 905 69 55 Total Programs 1 6,1611 4,814 1,347 314 255 Volunteer Hours Senior Center 555 339 -184 tal Vo Tolunteer Hours 1 1551 339 -184 ..... 329 Community Services Program Report for June 2009 2009 2008 2009 2008 Participants I Participants Variance Meetings Meetings Leisure Classes Youth Tennis 6 7 -1 3 8 Beginning Ballet 12 7 5 4 4 Dance, Play, & Pretend 14 4 10 4 4 Tennis Adult 5 0 5 1 0 Tai Chi Chuan 6 0 6 9 0 Zumba 25 24 1 91 12 Somatics 51 0 5 7 0 Ballet/ Jazz 10 5 5 6 3 Ballet/ Tap 10 0 10 4 0 Microsoft Word 4 9 -5 4 2 Guitar 13 4 9 8 4 Tae Kwon Do 9 6 3 13 13 Weight Loss 15 0 15 1 0 Jazzercise 12 12 01 181 18 Totals 1 1461 78 681 911 68 2009 2008 2009 2008 Participants Participants Variance I Meetings Meetings Special Events Open Air Cinema 500 500 0 1 1 Temecula Valley Excursion 46 16 30 1 1 Golf Tour, SilverRock 39 39 0 1 1 Golf Tour, Classic Club 52 63 -11 1 1 Golf Tour, Desert Falls 40 45 -5 1 1 Golf Tour, Indian Springs 39 48 -9 1 1 Totals 716 711 5 6 6 2009 2008 2009 2008 Participants Participants Variance Meetings Meetings Adult Sports & Fitness Open Gym Basketball 459 231 228 22 17 Fitness Center 665 535 130 26 25 Totals 11241 7661 358 48 42 lCommunity Services Totals 1,9861 1,5551 4311 1451 116 330 Monthly Revenue Report for June 2009 Monthly Revenue - Facility Rentals 2009 2008 Variance Libra $ - $ 560.00 $ 560.00 Museum $ 175.00 $ - $ 175.00 Senior Center $ 4,300.00 $ 3,387.50 $ 912.50 Parks $ 360.00 $ 100.00 $ 260.00 Sports Fields $ 320.00 $ 336.00 $ 16.00 Monthly Facility Revenue $ 5,155.00 $ 4,383.50 $ 771.50 Monthly Revenue Senior Center $ 4,371.00 $ 4,316.50 $ 54.50 Community Services $ 8,408.50 $ 5,523.00 $ 2,885.50 La Quinta Resident Cards $ 1,515.00 $ 780.00 $ 735.00 Fitness Cards $ 645.00 $ 760.00 $ 115.00 Total Revenue $ 14,939.50 $ 11,379.60 $ 3,560.00 Revenue Year to Date Facility Revenue $ 62,780.00 $ 64,770.50 $ 1,990.50 Senior Center $ 74,287.00 $ 83,424.00 $ 9,137.00 Community Services $ 60,747.00 $ 67,253.50 $ 6,506.50 La Quinta Resident Cards $ 32,280.00 $ 24,345.00 $ 7,935.00 Fitness Cards $ 7,490.00 $ 6,875.00 $ 615.00 Total Revenue to Date $ 237,584.00 $ 246,668.00 $ 9,084.00 "1. 331 Senior Center Attendance Senior Center Program Report for June 2009 Participation Participation Variance Meetings Meetings 2009 2008 2009 2008 Senior Activities ACBL Bride 270 198 72 4 4 Bridge, Social/Party 411 369 42 18 14 June Evening Dance 33 39 -6 1 1 Monthly Birthday Party 40 45 -5 1 1 Monthly Luncheon Hawaiian Luau 100 97 31 1 1 Movie Time 56 61 -5 4 4 Senior Activity Total 910 809 101 29 25 Senior Leisure Classes Arts & Crafts 4 8 -4 1 1 1,2,3,4 Dance 16 0 16 3 0 Computer Classes 26 25 1 8 6 Exercise 33 27 6 13 13 Mat Pilates 12 0 12 10 0 Mature Driver 17 0 17 1 0 Quilters 9 19 -10 4 3 Ukulele Players 16 47 -31 9 8 Yoga for Health 7 0 7 4 0 Senior Leisure Classes Total 140 126 14 53 31 TOTAL SENIOR PROGRAMS 1050 935 115 82 56 Senior Services Eisenhower (Balance, Joint & Grip) 8 6 2 1 1 FIND 124 161 -37 4 4 Geriatric Consultation 1 0 11 1 0 HICAP 8 16 -8 3 4 Legal Consultation 4 8 -4 1 1 MD Care Health (Bone Density) 29 0 29 1 0 Notary 1 3 -2 1 2 FREE Classes *See Below 19 0 19 6 0 Seminars - June 6 32 17 15 6 3 Volunteers 19 32 -13 n/a n/a TOTAL SENIOR SERVICES 245 2431 21 18 15 SENIOR CENTER TOTAL 1295 11781 1171 100 71 * Free Classes: Clay Sculpting and Intro to Tai Chi. 332 2009 ( 2008 1 Variance Volunteer Hours I_ Senior Center 154.5', 339 -184.5 Total: 154.5'i 339 184.5 _Volunteer Revenue Senior Center Revenue $4,371.00 $4,316.50 $54.50 Revenue Total: _ $4,371.00 $4,316.50 $54.50 Jun-091 " 333 Parks Activities Updates For June 2009 The City has received complaints from residents about the non -skate use activity that is occurring at the La Quinta Skate Park. Concerned parents feel their children are unable to use the skate park due to teens loitering around the facility and getting in the way of skaters. The La Quinta Police were contacted regarding the residents concerns and will be providing more checks at the facility. This month, a Request For Proposals (RFP) was announced for the renovations of the Core Area at the La Quinta Sports Complex. The renovations are based on the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan that was completed last fall. The deadline for the RFP's is July 24, 2009. The RFP's will be reviewed by a selection committee consisting of representatives from the City and the Desert Sands Unified School District. The selected group will be presented to the La Quinta City Council for approval of a Professional Services Agreement. 334 Department Report: 04 �oTwit 4 Qumro ��c owSw `7 OF Tt� TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directo�l / DATE: July 21, 2009 SUBJECT: Department Report for the Month of June 2009 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of June. 335 W 20 F a � w � O O W Z N 0 w w Z Z) z Q za W J 0 d 0 LU z F- o F- F- g a m U cn W 0 W Y '0 "O 'O "O 'O 'O "O '0 'O 'O '0 "O 'O 'O -0 -0 'O 'O 'O 'O Q W a) N m m m m m m N N m m m m N m m m m m m U = Y N N Y_ Y Y__ _ % V _ 1Y+ IY+__ ♦'F'+_ Vim-' i�"I+ O E E E E E E E E E E E E E E E E E E E E u, z 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 J O. N N N N N N N N N N N N N N N N N N N N CO M W � 0,, ONO , O � M N 0 0 0 O�t 0 0 0- am Z Q N Z 0 J N Q V U W L 0 ui N O (n O C N +N+ ? 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C E y a) O a) w co O E m E 'O N la E cc J U E y a s a a w a LU a y U) a a) Y O U 0 Q c aa) rn c LU a y Q -a < E y ° Q m c *' co c c y O- c ca a a) () v) a7 0 '= O O am cma) c a O c E E ° a '+ E a) a a) a) y W 0 U z U @ m O 0 IL 0 m o co c FQ- H C a) O CM Om 00 UDwM02 n(AtnHF- >NN F- (1) Cl) O t 7 U Y U O a) U) 0 O LL DEPARTMENT REPORT: _9 c&tw4 4a4aKrw MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: July 21, 2009 SUBJECT: Public Works Department Report for June 2009 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks; 5. Summary of the Undergrounding Feasibility Study Timotfly R. Jonasson Public Works Director/City Engineer 338 } Q H N W J H �F Z j a iLU a Q U) N J N W W 0 w f 3 K LU U U U m > IL U) z w N F U JI O Q_ a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N` 1! O N O O O O O O O O O O O O O O O W J: a �. 00 O 4 W ' OU LL.5 . N tpW1Lf J Yf' O O O O O O O O O O O O O O O O O Z :. w ' a'z" O Q o N ' N N ' W' + O o M O O O O O O o O O O O N 0. /(; �w w o � Z p w.> N a � W:,; ry E mNq rnC. E °d: E a .. 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N M O 7 +0+ f+ _ 3 d m O p L N E L �> Y 'E (n Y � E ,� -p a a'� o � w C)w c z x � m o Y NQ� N o_ a C � o � a a= <n c> o c' � o m cn a")E 7 N o J N T a O E "O '� m N '� � O. ~ a- L J � (n L C� co C C O. 7 'tp Lj C N C m N C '., N E _ � T p O_ N N Q Y N CO N U L .. C >Y .n N Y E T F- O p ON N NLLNCL ccU N N 'p*N ON NU� N O N N +N -p m — .UT .OYO 0 > O>O 7 N -p UC c > o- of o o d U f6 a y � O O - N L � N C > cc>, � a m a) Or C O f0 '(On ° � m o :a c y C C O °� 0 o U m O MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: June, 2009 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 3 Men 1 Man Total 1000 Policing/Inspection 34 124 20 8 186 1001 Pot Hole -Repair/Patching 24 12 0 0 36 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 1 Pavement Marking/Striping 01 0 0 0 0 1005 ICurb Painting 01 0 0 0 0 1006 10ther Traffic Controls 01 16 01 0 16 1007 ICurb & Gutter Repair/Const. 1 2 01 0 3 1008 1 Other Concrete Repairs/Const. 16 6 0 0 22 1009 IStreet Sign Install (New) 9 0 01 0 9 1010 IStreet Sign Repair/Maint 25 9 01 2 36 1011 1 Debris Removal 2 45 01 2 49 1012 1 Right of Way Maint. 0 66 721 0 138 1021 ICLEAN Catch Basin Inlet/Outlet 0 23 01 0 23 1022 1 Rondo Channel Outlet/Vault 0 0 01 0 0 1022A Desert Club Outlet/Vault 0 0 01 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 63 0 5 68 1024 Gutter/Median Sand Removal 0 2 0 0 2 1025 Street Sweeping (Machine) 167 2 0 0 169 1026 Street Sweeping (Hand) 0 2 0 0 2 1027 Sidewalk/Bike Path Cleaning 0 0 2 0 2 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basinslnspection/Clean-L 7 7 68 0 82 1041 Irrig/ Weeding, Shrubs & Tree Trimming 62 6 186 3 257 1051 Landscape/Irrigation Contract Managemen 0 1 54 13 68 1052 Lighting/Electrical Contract Management 0 0 0 8 8 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 0 7 0 01 7 1063 lVehicle Repair Maint. 21 4 0 0 25 1081 Trash/Litter/Recycable Removal 1 0 5 0 6 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 134 94 34 13 275 1084 Maint. Yard Building Maint. 3 16 0 1 20 1085 Seminars/Training 0 4 20 6 30 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 116 20 0 0 136 1088 Meeting 28 42 11 28 109 1089 101fice (Phone, paperwork, reports, Misc.) 22 33 8 51 114 SUBTOTAL 672 606 480 140 1898 1091 Over Time 12 10 10 0 32 1094 Jury Duty( 0 0 0 0 1095 Sick Leave 32 18 0 8 58 1096 Vacation 80 16 0 12 108 1097 Holiday 0 0 0 0 0 1098 Floating Holiday 16 0 0 0 16 1099 lWorker Comp/ Bereavement 01 01 01 0 0 SUBTOTAL 140 44 10 20 214 TOTAL HOURS 812 650 490 160 2112 TOTAL MILES 2779 40891 25371 2571 9662 345 TO: FROM DATE: RE: MEE MEMORANDUM The Honorable Mayor and Members of the City Council Timothy R. Jonasson, Public Works Director/City Engineer July 21, 2009 Public Works Department Report for June 2009 — Summary of Undergrounding Feasibility Study On July 1, 2008, City Council authorized a Request for Proposals to prepare a planning level undergrounding feasibility study for the City of La Quinta. The final report was submitted by Butsko Utility Design, Inc. in June 2009. Attached is a summary of the findings of the report and a cost estimate summary for all six areas studied. 346 Eo ument4 Section 1: Executive Summary The project consisted of conducting a feasibility study for the possible undergrounding of existing overhead distribution utility lines within the.City of La Quinta. Planning level cost estimates were prepared for six study areas within the City. The study areas evaluated include: Area 1 — The Cove, Area 2 - Downtown Commercial, Area 3 - Downtown Residential, Area 4 — Sagebrush, Area 5 — Highland Palms, and Area 6 — Westward Ho. The existing overhead utilities involved include: Imperial Irrigation District — Electric, Verizon — Telephone, and Time Warner — Cable Television. Smaller sample areas were then selected within each larger Study Area for additional detailed field review and preparation of the cost estimates. The smaller sample areas were selected for their field conditions that made them representative of the larger respective Study Areas. Upon completion of the field work, written descriptions, cost estimates, and exhibits were prepared for each unique Study Area. Within each of the study areas three (3) separate detailed cost estimates were performed. The first estimate included the utility fees and contractor costs for the installation of the backbones facilities for the entire study area. The backbone costs are the larger feeder facilities which provide service to the entire area. In order to obtain the backbone costs approximate footages were obtained from field reviews and information made available from the utilities. Per lot costs were then factored by taking the total number of lots within each study area and dividing by the total cost. The second estimate was for the smaller distribution facilities to be placed within the public right of way and was specific to the sample study areas. The right of way costs in this instance are the costs associated with the portion of the distribution facilities that will be placed within the street or alley right of way to feed the individual homes and businesses. Typically these facilities are placed behind curb in the street right of way, however, based on conversations with the utilities the cost estimates assume that the distribution trenches will likely go in the streets as opposed to behind curb. The third estimate was for the facilities to be placed on private property and was also specific to the sample study areas. The sample area cost estimates were then used as the basis for the costs within the larger corresponding Study Areas. The private costs include the cost to extend distribution/secondary facilities from the property line to each of the residences or businesses. These costs also include an estimated amount to 347 upgrade the existing service panels from accepting an overhead feed to accept the new underground feed. In addition to the detailed estimates explained above, a summary is also provided for each study area (see exhibit A within each areas estimates & description.) Within the summaries, the results from each area's detailed cost estimates were then broken down into public costs and private costs. The public costs include the costs taken from the backbone and right of way estimates and are associated with placing the utilities within the public rights of way (streets, alleys, etc.) The private costs were taken from the private property estimates and are the estimated costs of placing the utilities on private property to feed the individual lots. These results are shown in area summaries and identified as exhibit A of the cost estimates. An Overall Summary spread sheet was prepared and is included in this introductory section. This Overall Summary spread sheet provides the total costs and estimated costs per lot, by area, for the entire project. This summary also includes a breakdown of the public costs within the backbone and right of way, and the private costs associated with placing these facilities on private property. The Overall Summary spread sheet includes estimates of the utilities fees, contractor charges, preliminary engineering costs, construction engineering costs, and potential project financing costs. The estimated preliminary engineering costs includes the preparation of all plans to final bid documents and are 10% of the utility and contractor charges. The estimated construction engineering costs include the staking, field engineering, and inspections and are 7.75% of the utility and contractor charges. The estimated financing rate of 9.5% includes: interest, reserves, administrative fees, and issuance fees. This report concludes with a review of the rules, regulations, and franchise agreements associated with the dry utilities. z 348 Nc V '`epNOAO -AMcwc W :NcwNw MNM Vl W M P orn r W b oMoo rn � .- M mMm nr m o v o N W b o > Yj Cl rn rn Oi O I� 0 0 N N G N W N M P N M N N N O M m N NON MO O < M MNM m Q N b ;'tPp :. N 'www O ww w Mi 000no 0 0 P O CON N b e� •:.rnN� ONbw - ON 2N nm w c. W In �O MOE d b M NN QQM QQ O -NMwww O e' w. PfONM rn p O� � n NN(p OJ rn 1D IW IilO M b r tDN A W N W IA Co J 0rnm N .- tV o Oi O O W m tO b •D mm rrn N b PCON W b N M M w w w N :OO �'000 N rn N b NM W M A N O N r P N •' O O N 6> r O Mj O 1.0 N Nh Kj Oi ''NOONe- Y1 d �C A � va b{O mON b '--.MmOAN OJAn NN O A Ow b J W OyI rn N N O P M O W O t0� Y]M c c V � at w W �iw w w w w w Of O Cl! nN It NfON NIO fD O W :. 1� tANNc N ':' NfDNNN N IA -..' N fp m A N m ' b O Ol O N A f0 J N W faph{beQ- � .:PMpID tPD (Mp p V QWI h .1rn PNn N b M 000 O ID c Y:NN N P OR rn OOOY] W b e '�"OMO W N N w N w h 1 N0 (Or W MONNw M (6 J P m NAM N - (D O M O N ai m N o _:rnM ao mod W rn� h m O N O (p rn N N A A N N c V M N Q� "-i IGM r 0h O '.NO1 MNM c N w 3� e N N n n r � c 0 `o U U N M�U N J u C 0 u W J c9 o OW o a gW=o d K_U 'nc L W U Uc O OH Voc2� C: a` F.O mUmEw m W R� LY W ULL j 3 O U�' . o SoLL` S a CL a'mo. a` Q 9L Department Report: 9 E A LA UI TA PiLICE Served by the Rverside County Sherffs Department Police Department Monthly Report June 2009 Prepared for 40 '1" • 350 ® La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 06/01 Monday (99) 1350 hours- Deputy Feldman responded to the 43100 block of Palm Royale reference a report of domestic violence. Investigation resulted in the arrest of Christopher Conti. Conti was booked into the Indio Jail. 06/02 Tuesday (102) 0150 hours — Deputies Pereyda and Tortez responded to the 52400 block of Avenida Bermudas reference a domestic disturbance call. Investigation led to the arrest of Lincoln Huynh for assault and terrorist threats. Huynh is currently on parole and a parole hold was issued. 06103 Wednesday (81) 1000 hours- Deputies Lewis and Harris conducted a CPS referral investigation on Avenida Navarro. Antonio Rivera was taken into custody for two outstanding warrants and booked into the Indio Jail. ® 1822 hours — Deputies Alexander and Newton contacted and arrested Esmeralda Ponce Angulo for taking merchandise without paying for it at Wal-Mart. She was transported to the Indio jail for the booking process. 1920 hours — Deputy Fiebig responded to a report of a mentally disturbed person at Washington St. north of Channel Dr. who stated she wanted to kill herself. The 24 year old female was taken Oasis Mental Health for the 72-hour evaluation. 2150 hours — Deputies Alexander and Newton contacted and arrested Sandra Montejano and two juveniles for entering Wal-Mart and taking alcoholic beverages without paying for them. Montejano was taken to the Indio Jail for the booking process. The two juveniles were released to their parents. 06/04 Thursday (87) 0217 hours- Deputy Ramos conducted a traffic stop at Washington Street and Simon Drive and arrested George Hathaway for DUI. 06/05 Friday (103 0515 hours — Deputy Bawdon responded to the Rancho La Quinta Country Club north entrance, Adams x Ave. 48. During routine perimeter checks, security noticed the gate had been damaged. Dep. Bawdon and security reviewed the video and observed a vehicle hitting the gate and entering the development. Deputies were unable to locate the vehicle in the area. 06/06 Saturday (71) No Significant Activity 351 06/07 Sunday (70) 0200 hours - Deputies Kibbey, Barandes, and Abrego responded to the 51000 block of Avenida Vallejo reference a cat burglary. Investigation revealed that an unknown subject entered the residence through the living room window and was seen by the resident in the master bedroom. The dog began barking and the suspect fled in an unknown direction. 0430 Hours — Deputy Kibbey responded to a report of a cat burglary in the 51700 block of Avenida Cortez. Entry was made through a bathroom window and no suspect was seen. 1415 hours —Deputies Espinosa and Martinez responded to Wal-Mart reference a shoplifter. Nicole Ramirez was arrested for shoplifting. She was booked into the Indio Jail. 2320 Hours — Deputy Barandes arrested Norma Hodges for a felony Burglary / Forgery warrant during a traffic stop at Eisenhower X Avenida Martinez. She was booked at the Indio Jail. 2355 Hours — Deputy Sam Russell arrested Alejandro Rojo for DUI during a traffic stop at Adams X Bayberry. 06/08 Monday (76) 0055 Hours — Deputies Kibbey and Barandes responded to a shots fired call in the 77500 block of Calle Hidalgo and contacted Jonathan Pastion. A computer check revealed that Pastion had three misdemeanor warrants. Deputies located the gun and spent cartridges in the back yard of the residence. Pastion was arrested and booked at the Indio Jail for unlawful discharge of a firearm and three misdemeanor warrants. 0830 hours — Deputy Miller was flagged down regarding a domestic violence that occurred in 78400 block ® of Golden Rod. Deputies responded to the location and arrested David Akers for domestic violence. Akers was booked into the Indio Jail. 2300 Hours — Deputy Barandes made a traffic stop at Hwy 111 X Depot Dr. and arrested Adolfo Ramirez for a DUI warrant. He was booked into the Indio Jail. 06/09 Tuesday (96) 0940 hours- Deputy Feldman conducted a consensual stop at Sonora and Alvarado. Michael Acordi was arrested for two outstanding felony warrants. Acordi was booked into the Indio Jail. 1753 hours- Deputies Alexander and Dunlap responded to the area of Washington and Channel Drive in reference juveniles tagging the overpass bridge. Two juvenile males were taken into custody and spray paint cans and other "tagging" tools were found. Both juveniles were booked into the hall on felony vandalism charges and possession of vandalism tools. 06/10 Wednesday (140) 1830 hours — La Quints SET Deputy Chancellor contacted Allen Diaz on the comer of Calle Tampico and Washington St. Deputy Chancellor recognized Diaz as one of three suspects captured on surveillance video at the Circle K Store on Calle Tampico who had stolen beer from the business. Diaz admitted to the theft and was booked into the Indio Jail for commercial burglary. 06/11 Thursday (107) 1500 hours — La Quinta SET deputies served a warrant for the arrest of Richard "Ricky" Rodriguez in Bermuda Dunes. The search and arrest warrants stemmed from an ongoing investigation into a robbery of an elderly woman whose purse was taken from her while walking in Lowe's Home Improvement Center parking lot in April of 2009. Rodriguez was taken into custody and booked for robbery at the Indio Jail. 359 06/12 Friday (88) 2000 hours — La Quinta SET deputies conducted a parole compliance check of Ryan Fulsom in the 51000 block of Eisenhower Dr. Fulsom was contacted outside his apartment carrying a black bag containing a 9mm replica handgun, black gloves, and hypodermic syringes. Fulsom was arrested for parole violation and possession of drug paraphernalia. Also contacted at the location was Lauren Diemer. During a consent search of her vehicle, deputies located stolen credit cards and other paraphernalia used for fraudulent crimes. Diemer was arrested for possession of stolen property. Both Diemer and Fulsom were booked into the Indio Jail. 06/13 Saturdav (48 0101 hours —Corporal Taylor conducted a vehicle stop at Calle Colima and Eisenhower. Collin Maland was arrested and booked for DUI. 1430 hours — Traffic Sergeant Walton arrested John Lambert for driving while impaired by alcohol. Lambert was stopped on Dune Palms Road, north of Miles Avenue, for displaying front window tint. The mechanical violation uncovered the alcohol impairment and open alcohol containers for this case. Lambert was arrested and booked at the Indio Jail. 2325 Hours — Deputies responded to the 79200 block of Violet Ct. in reference to a domestic violence call. Russell Sorling, the suspect, fled the scene and was located hiding in the backyard of a residence in the 51500 block of Eisenhower Dr. Sorling was taken into custody without incident and was transported to the Indio Jail for domestic battery. 06/14 Sunday (69 ® 1402 hours — Deputy Contreras responded to Kohl's reference a theft. Two female juveniles were arrested for shoplifting. They were released to their parents. 1650 hours — Corporal Perez and Deputy Klecker contacted and arrested Robert Baca and a 15-year-old juvenile for taking 7 bottles of Vodka from Stater Brothers Market. They were taken into custody and transported to the Indio Jail, Baca, and Indio Juvenile Hall. 06/15 Monday (90) 1008 hours — Deputies Espinosa and Martinez responded to the 78600 block of Villetta Dr. to serve an arrest warrant. Jason Dalbey was arrested for an outstanding commercial burglary warrant. He was booked into the Indio Jail. 1243 hours — Deputies Espinosa and Martinez contacted Stacey Ann Dixon in the 43700 block of Bordeaux Dr. She was arrested and booked into the Indio Jail for a felony warrant. 1740 hours- Deputies responded to the 78200 block of Via Pavion reference a residential burglary. The homeowner returned home after being gone for an hour and saw a vehicle backed into his driveway with a suspect putting a television in the trunk. The victim tried to block the vehicle in, but the suspect was able to drive around the car and fled the location. A second suspect fled out the back door and over fences. T The suspects had forced entry to the residence 2000 hours- Deputies Trueblood and Jardinas arrested Weston Clark for possession of ecstasy after it was determined that he had a misdemeanor warrant for a narcotic related offense. Clark was booked into the Indio Jail. " 353 06/16 Tuesday (90) 1403 hours — Deputies Martinez and Espinosa responded to the La Quinta Library reference a burglary. Several computers were stolen from a storage room within the library. Library employees learned of the burglary after a city maintenance worker found the computers near the Civic Center. Several clothing and hygiene items, apparently belonging to an unknown transient, were located with the computers. 1400 hours- Deputies Espinosa and Martinez responded to the Wal-Mart parking lot in reference to a suspicious person. Subsequent investigation resulted in the arrest of Michael Sullivan for an outstanding felony theft warrant and possession of heroin. Sullivan was booked into the Indio Jail. 06/17 Wednesday (70) 1936 hours- Deputies Mc Anallen and Rigg arrested Justin Haines for vandalism after he broke a window on the Sun bus at Adams and Hwy 111. 06/18 Thursday (110) 1855 hours — Deputies Alexander and Irving contacted and arrested Tania Gutierrez for entering Kohl's with the intent to steal merchandise. She was taken into custody and transported to the Indio Jail for the booking process. 2354 hours —Deputy Lopez responded to the 51000 block of Eisenhower regarding a disturbance. Joseph Lyle Price was arrested for public intoxication. 06/19 Friday (99) ® 1104 hours — La Quinta SET team Deputy White was northbound on Dune Palms at Highway I I I when his unmarked unit was rear -ended. The driver, Veronica Torres, was cited for unsafe speed and not having insurance. No damage to the unit and a minor scratch to Torres' vehicle. 06/20 Saturday (74) 0216 hours — Deputy Abrego conducted a vehicle stop at Washington and Ave. 48. Carlos Samayoa was arrested for driving under the influence of alcohol. 0815 hours- Corporal Sasser and Deputy Koedyker responded to La Quinta City Hall regarding a past burglary call. An unidentified suspect (s) entered La Quinta City Hall and took a cellular phone and miscellaneous property. The suspect also vandalized the interior walls of the building. 1600 hours — SET Team Deputies responded to the La Quinta Civic Center to follow-up a prior investigation of a burglary and vandalism. Their investigation led the officers to Eric Cunningham, a transient, located in the neighboring Civic Center Park. Officers confirmed Cunningham's role in the burglary and recovered some of the stolen items. Cunningham was out on parole for a prior burglary incident. Cunningham was arrested and booked into the jail charged with commercial burglary and violation of his parole status. 1610 hours — Deputy Cameron James contacted and arrested Jared Brand for public intoxication at Avenida Alvarado and Calle Temecula. 1620 hours — Corporal Perez arrested Christian Dale Shrum for stealing a pack of Bic -lighters. Shrum was confronted by a loss prevention officer but pushed away and fled on foot. Deputies captured Shrum behind • a nearby business. He was taken into custody and transported to the Indio Jail for the booking process. 354 • 06/21 Sunday (52) 0550 Hours — Deputy Kibbey arrested Abraham Bishop for DUI after an enforcement stop at Washington at Simon Dr. 2050 hours — Deputy Pittenger conducted a business check at La Quinta City Hall and found the computer room door unlocked. He checked the interior and it did not appear that any property was missing. City officials were notified and had an employee respond to secure the door. 06/22 Monday (89) 0005 Hours — Deputy Berry responded to the La Quinta Business Center at Washington and Fred Waring reference a report of a possible sexual assault. The victim reported meeting a subject at a business in Palm Desert and that the crime occurred in the suspect's vehicle in the parking lot. 0116 hours -- Deputy Glasper conducted a pedestrian check at Temecula and Velasco. The suspect ran from Deputy Glasper, however, he was apprehended in the 54300 block of Avenida Bermudas. The suspect's finger tips and nails where covered with a black mist and he had a small red spray paint cap in his right front pants pocket. A search of where he was initially contacted revealed fresh black spray paint on the outer wall in the 54400 block of Avenida Herrera. In addition, shoe impressions were located which were consistent with the shoe pattern of Romero's shoes. He was taken into custody for vandalism and subsequently released to his mother. 06/23 Tuesday (101) 2130 hours — Deputy Glasper conducted a vehicle stop at Ave. 48 and Adams St. Jorge Curiel was arrested for a felony narcotic warrant. Curiel was also found to be in possession of plastic baggies, a scale and methamphetamine. He was arrested for an additional charge of possession for sales. 06/24 Wednesday (99) 1150 hours- Deputies Espinosa and Lewis responded to the area of Avenida Navarro and Monterey in reference to a suspicious person. Deputies located Jared Brand who was highly intoxicated. Brand was arrested and booked into the Indio Jail. 2035 hours- Deputy McAnallen responded to Kohl's in reference to a report of suspicious circumstances. He arrested Daniel Krastei for possession of methamphetamine. Krastel was booked into the Indio Jail. 06/25 Thursday (95) 1600 hours — Deputies responded to a report of an unattended death in the 51300 block of Avenida Herrera. An elderly female was found deceased by her grandson. There were no signs of foul play. 06/26 Friday (79) 2215 hours —Deputies responded to a report of a suspicious death in the 44900 block of Vista Dunes. Deputies found a three year old child with possible burns from household accident. This investigation is ongoing and will be handled by the homicide unit. 06/27 Saturday (63) 1530 hours - La Quinta SET Deputy Glasper conducted a traffic stop on Martinez x Chihuahua. A passenger in the vehicle, Jody Hedlwag, was arrested for possession of methamphetamine and possession of drug paraphernalia. Hedlwag was booked into the Indio Jail. 355 ® 06/28 Sunday (51) 0758 hours- Deputy Lun conducted a vehicle stop on Eisenhower Drive and Calle Tampico. Jesus Molina was arrested for driving under the influence of alcohol. He was booked into Indio Jail. 2340 hours — Deputy Barandes responded to a loud party in the 53600 block of Avenida Navarro. Ernesto Ramirez was arrested for public intoxication and two misdemeanor warrants for possession of narcotics. 06/29 Monday (87) 0211 hours — Deputy Lee responded to the 78100 block of Calle Tampico regarding a reported DUI driver. Lynn Marie Bauman was arrested for DUI, battery on a peace officer and assault. Bauman kicked Deputy Lee and a nurse at JFK Hospital. 06/30 Tuesday (86) 1900 hours- Deputy Worden responded to the 51700 block of Avenida Diaz reference a domestic violence call which occurred in Coachella the night prior. Deputies were summoned earlier in the day to the 84500 block of Calle Diego when the father of the victim called and reported the incident. The victim was assaulted by her boyfriend after an argument over finances. Total Calls for Service: 2,572 • r� U 356 0 CITY OF LA QUINTA Traffic Services Team Report June 2009 Traffic Services Team Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton C.S.O. Delaney Dep. Reynolds SIGNIFICANT ACTIVITY The month of June was an exciting time for motorists within the city of La Quinta. Despite a growth in resident population, overall traffic collision activity has continued to retreat to a level unrealized since 2003. A completed mid -year study of traffic collision activity has revealed several encouraging trends. Most notably for June, injury traffic collisions have receded 35.8% when compared with the first six months of 2008. When all collision activity is counted, the residents and visitors to our city have enjoyed an 18.1 % collision rate reduction. As a direct result of traffic education and enforcement methods in the city of La Quinta, the average monthly collision activity has been reduced from 38 in 2008, to 30.8 in 2009. As a result, both Patrol and Traffic Services have gained the luxury of time. Additional time provides opportunities for a proactive approach to segments of criminal activity that may be on the rise. The month of June noticed a continuing increase in bicycle and pedestrian collisions. Having gained a reduction in other areas of collision activity, La Quinta Traffic Services can focus more attention on safety violations related to cyclists and pedestrians. In keeping with developing trends, La Quinta Traffic Services continues to focus upon the leading cause of collisions by conducting increased safety enforcement and educational program. 357 City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report OJune 2009 Current Month New YTD Last YTD % Change Total T/C - Public Highway 11 156 197 -20.81% Fatal Collisions 0 0 1 -100.00% Number Killed 0 0 1 -100.00% Injury Collisions 1 29 47 -38.30% Numberinjured 1 34 68 -50.00% Property Damage 10 127 149 -14.77% Type of Collision Hit & Run 2 19 25 -24.00% Private Property 4 29 30 -3.33% Bicycle Collisions 1 9 4 125.00% Number Injured - Bicycle Collisions 0 5 3 66.67% Vehicle vs. Pedestrian 0 7 0 0Alcohol Involved 0 9 22 -59.09% Reports Taken By Patrol 13 156 178 -12.36% Traffic 2 34 36 -5.56% SRO 0 4 3 33.33% Target Team 0 2 8 -75.00% Detective 0 0 1 100.00% DUTY UNKNOWN 0 0 4 100.00% TOTAL REPORTS 15 185 227 -18.50% Counter Reports % DUI Arrests Investigations Assigned Last YTD This YTD Closed Oven Hit and Run Primary Collision Factors Number a Total Auto R/W Violation 4 26.67% Unsafe Speed 3 20.00% Unsafe Lane Change 3 20.00% Other Improper Driving 3 20.00% Unsafe Staring or Backing 1 6.67% Wproper Tuming 1 6.67% 358 0 Deputy Adonis Glasper Deputy Jessica Vanderhoof Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team June 2009 T TEAM Supervising Sgt. Mark Hoyt Summary of Artivity Deputy Tim White Deputy Claudia Rodriguez Deputy Shaun Hughes Type of Activity # of Incidents Type of Activity # of Incidents Programs 4 Weapons Recovered 1 Vehicle Checks/Stops 47 Arrest Warrants Served 5 Pedestrian Checks 22 Search Warrants 2 Follow-ups 17 Parole Searches 13 Citations Issued 6 Arrests/Filings 12 SIGNIFICANT ACTIVITY 1. Based on video surveillance tape from a local business, SET Deputies recognized a male pedestrian in the La Quinta Cove as a suspect in a commercial burglary. Following a pedestrian check, the subject was arrested and booked into jail. 2. SET Deputies served a search warrant related to a robbery that had taken place in April at the Lowe's parking lot. The suspect was located, arrested, and booked into jail. 3. As SET Deputies arrived to conduct a parole compliance check, the parolee exited the residence carrying a black bag. When deputies inspected the black bag they found a loaded 9mm handgun, black gloves, and hypodermic needles. The parolee and a second individual at the residence were arrested for numerous charges. 4. Responding to a report of a burglary and vandalism at City Hall, SET Deputies identified and arrested a male transient for the crime. It was found that the suspect was on parole for burglary out of the Los Angeles area. Deputies also located some of the stolen property. 359 11 Deputy Prezell Burgie CITY OF LA QUINTA Business District Deputy Report June 2009 SIGNIFICANT ACTIVITY Uri4 Lf KZ-- s -. Coordinated the investigation of a burglary that had taken place at La Quinta City Hall. An unknown suspect had entered the building, vandalized interior walls, attempted to open a wall safe, and had stolen miscellaneous items. As investigative leads were developed, a suspect was identified and interviewed. The suspect, a transient, had been previously contacted by deputies as he loitered in the area of the Civic Center Park. Property stolen during the burglary was recovered and the suspect was arrested and booked into Indio Jail. Conducted proactive enforcement along the corridor of Highway 111. „ 360 0 Deputy Kevin Moore La Quinta High School CITY OF LA QUINTA School Resource Officer Report June 2009 Summary of Activity Type of Activity Number of Incidents Criminal Reports 5 Business Checks 4 Arrests 1 District Attorney Filings 0 Y.A.T.. Referral 0 Vehicle Checks 8 Pedestrian Checks 8 Follow -Up 0 Traffic Stops & Citations 8 Parking Citations 7 Bicycle Patrol Miles 2008/2009 School Year 310.6 Truant Citations 1 Arrested a male student for being in possession of a razor blade and two stolen MP3 players. The student was booked into juvenile hall in Indio. Coordinated the provision of police services for the 2009 high school graduation program. The event was successful with no significant issues. The La Quinta Police Department Traffic Services Team did an excellent job in maintaining a smooth flow of traffic. Investigated a report of the exchange of an inappropriate photograph between a male and a female student. A report was written and filed, however, no criminal charges have been filed as of this time. ® 4. 1 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. 61 r] Deputy Rebecca Smith La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report June 2009 Summary of Activity Type of Activity Number of Incidents Reports 12 Arrests 4 City Park Area Checks 2 District Attorney Filings 0 Truancy Citations 1 Vehicle Checks 3 Follow-up / Public Assist 8 Pedestrian Checks 12 Y.A.T. Referral 3 Traffic Stops and Citations 3 Business Checks 5 Home Visits 4 I was contacted by a student who stated that she had been the victim of a sexual assault at an unknown location in Indio. During the course of my interview, she also told me that she been the victim of a second sexual assault this past December in the city of San Diego. She further stated that a second student, at Paige Middle School, had also be victimized in the San Diego incident. I interviewed both female students and obtained the name of a suspect involved in the San Diego assault. I completed a full report which I forwarded to the Investigations Unit of the Riverside County Sheriffs Office in Indio for further investigation. I coordinated security, crowd control, and traffic control related to the La Quinta Middle School graduation ceremony held on June 12th. Deputy Hughes of the La Quinta Special Enforcement Team (SET) provided invaluable assistance during the event. We issued one citation for a parking violation. We also arrested a male juvenile for trespassing on school grounds. The male juvenile was a known offender and was found to be on active probation. At the conclusion of the event we were able to provide effective traffic control and direction for departing students and their families. 362 M CITY OF LA QUINTA Community Service Officer Report June 2009 C.S.O. Artesia Diaz C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land o- Summary of Activitv Type of Activity Number of Incidents Burglary Investigations 2 Grand Theft Reports 0 PettyTheft Reports 0 Vandalism/Malicious Mischief Reports 1 Traffic Collision Response 12 Vehicle Code or Parking Citations 31 Abandoned Vehicles Tagged/WarningTaggedNVarning 5 Towed Vehicles 0 Lost or Found Property Reports 2 Stolen Vehicle Report 1 Custodial / Non -Custodial Transport 16 Miscellaneous Calls 149 363 0 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report June 2009 Summary of Activitv Communi Policing Office Number Citizens On Patrol Number Monthly Volunteer Hours 200 Training Hours 4 Hours Y.T.D. 978 Business Checks 17 Hours 4/03 to Present 16,948 Community Events 1 CPO Monthly Visits 107 Courtesy Notifications 10 CPO Y.T.D. Visits 601 Miscellaneous Activity 1 CPO Visits 4/03 to Present 13,101 Neighborhood Patrol 9 Vacation Checks 11 Patrol Hours 40 Y.T.D. Patrol Hours 547 Hours 7/06 to Present 4,162 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: $24,766.00. Total savings since 2003: $342,826.00. La Quinta Police Department volunteers are enjoying the newly remodeled Community Policing Office. The redesigned work area and the upgraded equipment has proven to be both effective and pleasing. Citizens On Patrol team members assisted with traffic and crowd control during graduation at La Quinta High School. Team members also assisted the Traffic Services Team during their Bicycle Rodeo and Safety Fair. 364 U 1, J CITY OF LA QUINTA Post 503 Explorer Report Jun-09 Corporal Andy Gerrard Post 503 Explorers In Action At the Ex -Con Competition Post 503 Explorers and Advisors competed in the 2009 Ex -Con Competition held in Las Vegas, Nevada. Thirty-four Police Explorer Posts were represented at the prestigious annual event. The 2009 competition proved to be the best year ever for Post 503 members as they earned the fourth place overall trophy. To earn the fourth place honor, Post 503 members successfully competed in the following events: 1. Active Shooter Scenario 2. Suspicious Person Stop 3. Unknown Risk Traffic Stop 4. Downed Officer Rescue 5. Crime Scene Response 6. Rock Wall Climbing Team Challenge 7. Urban Bicycle Course and Air Soft Gun Shoot Post 503 team members took the first place trophy in the Downed Officer Rescue scenario as well as the second place trophy in the Crime Scene Response scenario. hours of training, practice, and competition experience prepared Explorer Post 503 team >ers to "hit the jackpot' in Las Vegas during the 2009 Ex -Con Competition! to home, Post 503 personnel assisted with traffic and crowd control during graduation mies at La Quinta, Horizon and Summit High School. t 503 meetings are held on Wednesday evenings, 5:00 p.m. -- 7:00 p.m. at the Indio station of Riverside County Sheriffs Department (82-695 Dr. Carreon Blvd.). For information about Post 503 Explorer program, please contact Cpl. Andy Gerrard at 760-863-8990. 365 Department Report: • LA Ul TA asr P@-LICE Served by the FJverside County 3her ffs Deparunern Crime Statistics Summary May -- 2009 Prepared for C-] 366 PART I: 10 11 12 13 • CITY OF LA QUINTA Crime Comparison -- May CRIME May May YTD 2009 YTD 2008 2009 2008 AGGRAVATED ASSAULTS 3 5 27 26 BURGLARY 40 42 211 223 BURGLARY - VEHICLE 13 12 108 102 DOMESTIC VIOLENCE 18 20 79 78 HOMICIDE 0 0 0 1 NARCOTICS VIOLATIONS 11 12 132 78 ROBBERY 4 3 12 15 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 7 4 27 16 SEX CRIME MISDEMEANOR 1 1 13 5 SIMPLE ASSAULTS 8 10 36 43 THEFT 60 39 351 304 VEHICLE THEFT 6 13 43 54 CITY OF LA QUINTA DISPATCH INFORMATION - May 2009" NUMBER OF TYPE OF CALL RESPONSE TIME MINUTES INCIDENTS EMERGENCY 4.7 1 5 ROUTINE 8.39 1,357 ' Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. O a 367 0 t• l 1] Crime Distribution Table Ma -09 % of Total Ma -08 % of Total 1 AGGRAVATED ASSAULTS 3 1.75% 5 3.11% 2 BURGLARY 40 23.39% 42 26.09% 3 BURGLARY - VEHICLE 13 7.60% 12 7.45% 4 DOMESTIC VIOLENCE 18 10.53% 20 12.42% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 11 6.43% 12 7.45% 7 ROBBERY 4 2.34% 3 1.86% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 7 4.09% 4 2.48% 10 SEX CRIME MISDEMEANOR 1 0.58% 1 0.62% 11 SIMPLEASSAULTS 8 4.68% 10 6.21% 12 THEFT 60 35.09% 39 24.22% 13 VEHICLE THEFT 6 3.51% 13 8.07% Total 171 98.25% 161 96.89% CITY OF LA QUINTA May 2009 Crime Distribution 70 60 60 50 40 40 30 18 20 �T 7 8 6 10 o o _ 1 0 a w <moa z " vo m m r �mX?' y 3cy> a y m r> mn o rn v rn7' N n m ° a z z -" » 368 • C J 70 60 50 40 30 20 10 0 Month to Month Crime Comparison - May 60 4042 3 9 1820 j, 3ii 13fl fy 1112 �; 43 00 L am_ 1 8 10 1 13 _b 00 t > W W < O <'Z A A > -] < F mA o0 O oa mX v, r m S r>i, C) O Ox aA SC] m� A >O o Op 00 Cv f] C> > O> z,< -i mac' K H H G] m > -] ria C) m S m O > A O A � Year to Date Crime Comparison - May 400 350 300 250 200 150 100 I- Ill •• � 369 • KI Month to Month Calls for Service Comparison May 2009 3,000 2,650 2,500 2,000 1,500 1,37-=Y-09 1,292 1 358 976 1,000 500 0 Total Non -Criminal Crirrtinal Year to Date Calls for Service Comparison 16,000 14,000 12,000 10,000 8,000 o YTD 2009 0 YTD 2008 6,000 4,000 2,000 0 Total Non -Criminal Criminal 13,936 12,000 •f 6,664 6,829 L; a ,,,, v 3 70 ,,,, v 3 70 Department Report City of La Quinta Fire Department Quarterly Report Presented by: Dorian J. Cooley Division Chief /D 371 John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning Beaumont Calimesa e. Canyon lake e. Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore La Quinta Moreno Valley Palm Desert Perris e. Rancho Mirage Rubidoux CSD San Jacinto Temecula Board of Supervisors Bob Buster, District I John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue • Perris, California 92570 • (951) 940-6900 • Fax (951) 940-6910 July 141h, 2009 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for April 1", 2009 through June 30`h, 2009. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quinta Calls: • Medical Aids 527 • False Alarms 78 • Structure Fires 1 • Vegetation Fires 4 • Rescues (accidents, entrapments) 45 • Other Fires (vehicle, refuse, etc.) 9 • Public Service Assists 27 (Non -emergency assistance) • Fire Menace Standby 8 (Fuel spill, gas leak etc.) Attached to this quarterly report we have included a photo taken during a recent fire at Lake Cahuilla. It is believed that an unattended BBQ may have been the ignition source for this wind driven fire. Quickly causing thousands of dollars of damage, it is a reminder of the importance of maintaining our palm trees here in the desert by minimizing their "skirts". The other photo is of one of our new Cardiac Monitors. Using "delayed ambulance response" fine monies — the City was able to purchase 3 state of the art cardiac monitors. These units are used by our paramedics to assist in the recognition and treatment of many heart rhythm disorders. Respectfully Submitted, John R. Hawkins County Fire Chief By: P� Dorian J. Cooley Division Chief 372 La Quinta City Fire Responses Quarter Totals al Responses ® False Alarms ■ Structure Fire ® Vegetation Fires * Rescues ® Other Fires ■ Public Service Assists ■ Fire Menace Standby April-09 May-09 June-09 Totals Medical Responses 204 175 148 527 False Alarms 29 32 17 78 Structure Fire 1 0 0 1 Vegetation Fires 1 3 0 4 Rescues 15 17 13 45 Other Fires 1 2 4 1 3 1 9 Public Service Assists 9 9 9 27 Fire Menace Standby 3 4 1 18 TOTALS 264 244 191 1699 373 La Qaananta City Fire Responses Quarterly Totals Quarterly Comparisons 2009 ❑ 2008 s � � Na d%SP riGcr 09dr S`SO Gips QSA �S iid .f�. o ad %S S c's A 013" G6 T. ^e c ti i �P`r N Ss ij co S� 9sssfs d��6 y Second Quarter 2009 2008 Medical Responses 527 502 False Alarms 78 90 Structure Fire 1 10 Vegetation Fires 4 0 Rescues 45 64 Other Fires 9 10 Public Service Assists 27 32 Fire Menace Standby 8 14 TOTALS 699 722 374 7/14/2009 -n e- ti rG an r i i 4, Titr 4 4 a" COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution Approving the Placement of Public Nuisance Abatement Assessments on the 2009-2010 Property Tax Roll RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the placement of public nuisance abatement assessments on the 2009-2010 Property Tax Roll as listed in the Resolution. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The purpose of this Public Hearing is to provide the City Council the opportunity to hear and consider all public objections and protests, if any, to the report filed with the City Council containing a description of each real property parcel cleared or cleaned by the City of La Quinta. Notices of tonight's Public Hearing were posted advising of the hearing date. Notice of Public Hearing also was published in The Desert Sun newspaper on July 3, 2009. No written communications have been received as of this report's preparation. 376 All of the listed property owners have been notified of the costs associated with the abatements and have been given more than 30 days in which to reimburse the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution of the City Council approving the placement of public nuisance abatement assessments on the 2009-2010 Property Tax Roll as listed in the resolution; or 2. Do not adopt a resolution of the City Council approving the placement of public nuisance abatement assessments on the 2009-2010 Property Tax Roll; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, `Building Safety Director Approved for submission by: Thomas P. Genovese, City Manager »... 377 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, LA QUINTA ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE WHEREAS, Chapter 11.72 of the La Quinta Municipal Code provides for the declaration and determination of certain conditions of property to be a public nuisance and further provides for the abatement of said nuisance by certain procedures including abatement by the City and collection of the cost of said abatement on tax rolls; and WHEREAS, in accordance with said abatement procedures, the Building and Safety Director of the City of La Quinta, as agent of the City Manager, has determined that a public nuisance exists on the following described premises, and has been given the notice required by law, and the owner thereof has failed to appeal said determination and has failed to abate said nuisance as required in said notice; and WHEREAS, in accordance with said abatement procedure, the Building and Safety Director has, by contract, provided for the abatement of said public nuisance on said properties and has filed a report thereon with the City Council and the City Council has conducted a hearing on said report and the assessment of said costs against said properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City Council hereby finds, determines, and declares that the City has abated a public nuisance on each of the following described premises and has conducted a hearing on assessment of the costs of said abatement in the time and manner as required by law and further determines that there were no objections or protests to assessments of said costs by any interested party. 2. The City Council hereby finds, determines, and orders that the report of the Building and Safety Director relative to assessment of costs is hereby approved and the City Council hereby orders that the following costs are hereby assessed as liens against the following properties and the amount of said assessment shall be collected at the time and in the manner of ordinary property taxes. 378 Resolution No. 2009- Fund Number 68-23781Nuisance Abatement Adopted: July 21, 2009 Page 2 Name Goodwin Flores Rossworn Lasman Teasley Overgaag Sanchez Pash Vanvliet Wheat Juarez/Manzano Watermark Granite Atwill/Cornet' Rogers Assessor's Parcel No. 773-251-014 773-291-005 773-271-027 643-191-006 600-060-005 774-093-017 774-21 1-006 604-493-002 643-193-002 773-175-002 773-326-014 776-220-012 773-214-01 1 773-334-023 Cost of Abatement $250.00 $359.10 $325.00 $349.20 $ 2, 200.00 $ 500.00 $ 500.00 $416.00 $ 4, 243.22 $ 90.00 $100.00 $3,375.00 $ 350.00 $279.10 Admin Fee (25%) $62.50 $89.77 $81 .25 $87.30 $ 5 50.00 $125.00 $125.00 $104.00 $ 560.80 $22.50 $25.00 $843.75 $00.00 $69.77 Total $312.50 $448.87 $406.25 $436.50 $2,750.00 $625.00 $625.00 $520.00 $4,804.02 $1 12.50 $125.00 $4,218.75 $350.00 $348.87 3. The City Clerk is hereby directed to transmit a certified copy of the Resolution to the tax collector of the County of Riverside and said tax collector is hereby requested to collect the amount of each assessment herein at the time and in the manner of ordinary property taxes. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of July, 2009, by the following vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: DON ADOLPH, Mayor City of La Quinta, California " 379 Resolution No. 2009- Fund Number 68-2378INuisance Abatement Adopted: July 21, 2009 Page 3 VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quint:a, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 3 8 Q L0) a, � W k OF Tk� COUNCIL/RDA MEETING DATE: July 21, 2009 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution Approving a One Year Time Extension for Tentative Traci: Map 33085, a Subdivision of 4.36 Gross Acres into Seven Single Family Residential Lots and One Retention Lot, Located at the Southwest Corner of Madison Street and Beth Circle. Applicant: Core Madison, LLC BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Tentative Tract. Map 33085 (Attachment 1) was approved by the City Council on December 6, 2005, with an expiration date of December 6, 2007. Subsequently, the automatic extension provisions of SB 1185, signed into law by the Governor in July 2008, extended the map to December 6, 2008. A new extension application was then filed on December 4, 2008, just prior to the map expiration date. Since application submittal, staff has been working with the applicant to address conditions of approval relevant to street improvements. The map has remained valid during this time by virtue of the current extension application. Staff recently became aware of Assembly Bill 333, which extends valid subdivision maps for an additional 24 months. The Governor signed AB 333 on July 15, 2009 and the measure took effect immediately. Thus, TTM 33085 has been extended two years and now has an expiration date of December 6, 2010. The applicant, Core Madison LLC, has requested withdrawal of this time extension application, based on the provisions of Assembly Bill 333 (Attachment 2). Approval of AB 333 and the subsequent request for withdrawing the time extension application occurred following distribution, advertising and posting of the public hearing notice. However, a public hearing is no longer necessary for this matter. ubmitted, a Vo vvinwvii Planning Director 381 Approved for submission b Thomas P. Genovese, City Manager Attachments: 1. TTM 33085 2. Withdrawal request from applicant (via e-mail) 382 - ATTACHMENT 1 ' Lit. „ 11,11-1 !B in n II iI � i � }� .i / lu milli � ! d ' jg I i III Y f9 !! ! Iy II Y 3�ij0 11 !MlMyIIII � ff ix � ; .. �'pp 6M11d � II Epp• � �Y° �ii �qI 4 �II �i� � ! li f,�l ff0t11 79 1 I i f ,e 1 1 �, i k ut//i;lll 111 71}! /f .. � � u I�lllplff��slfllllifilflfll i'y i' in�� ITIL ;�iii=if{1p1 { � 61 li I~O elff) iIf° 1} Ws" Ni 11111 0 1 $03 ii Ilk a fly s _ s !7 t �. I _.�_ _T_ � ---s°=• yr ' 1 Ilse p� Oil IL til: ago— III a ,4 2 i to do loll 383 ATTACHMENT 2 Wally Nesbit From: Dee McKown [dmckown@cve.net] Sent: Thursday, July 16, 2009 5:05 PM To: Wally Nesbit Cc: David Neale; David Turner; Mark Turner Subject: TR 33085 Wally Nesbit City of La Quinta Planning Department Mr. Nesbit: Pursuit to our client's e-mail direction, dated July 16, 2009, we respectfully request that the planning department cancel our Request for Extension of the above tract map based on the passage of AB 333, State of California granting an automatic 2-year extension for Maps, and remove the agenda item from the La Quinta City Council Meeting scheduled for July 21, 2009. Dee McKown, Project Manager COACHELLA VALLEY ENGINEERS 77-933 Las Montanas Road, Suite 101 Palm Desert, CA 92211 (760) 360-4200 (760) 360-4204 FAX Dee McKown intends that this electronic message be used exclusively by the individual or entity to which it is addressed. This message and all attachments contain information that is legally privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, please be aware that any disclosure , dissemination, distribution, copying of this communication, or use of its contents is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone at 760 360-4200 and delete the original message from your email system. 384 7/17/2009