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2009 09 15 CCe4 4 4V adja City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, SEPTEMBER 15, 2009 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2009-069 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 September 15, 2009 2. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION — INITIATION OF LITIGATION — PURSUANT TO GOVERNMENT CODE SECTION 54956(c) (ONE MATTER AGAINST ARCH INSURANCE — WATERMARK VILLAS). RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA 1. PRESENTATION OF A PROCLAMATION DECLARING OCTOBER 4-10, 2009, AS FIRE PREVENTION WEEK IN THE CITY OF LA QUINTA. 2. PRESENTATION OF THE LA QUINTA LIBRARY AND MUSEUM QUARTERLY REPORT FOR APRIL THROUGH JUNE 2009. WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF CITY COUNCIL MINUTES OF SEPTEMBER 1, 2009. 002 City Council Agenda 2 September 15, 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 SEPTEMBER 15, 2009. 2. RECEIVE AND FILE TREASURER'S REPORTS DATED JUNE 30 AND JULY 31, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORTS DATED JUNE 30 AND JULY 31. 2009. 4. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE AGUA CALIENTE CULTURAL MUSEUM. 5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DAVID EVANS AND ASSOCIATES, INC. TO PREPARE THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE JEFFERSON STREET PARKWAY LANDSCAPE IMPROVEMENTS, PROJECT NO. 2009-16B. 6. APPROVAL TO AWARD A CONTRACT TO CONTRERAS CONSTRUCTION COMPANY TO CONSTRUCT THE MISCELLANEOUS STREET IMPROVEMENTS, PROJECT NO. 2008-17. 7. ACCEPTANCE OF A GRANT OF EASEMENT AND AGREEMENT FOR ROADWAY PURPOSES ALONG AVENIDA BERMUDAS NORTH OF CALLE TAMPICO BY CASITAS LAS ROSAS HOMEOWNERS ASSOCIATION, INC., A CALIFORNIA NON-PROFIT CORPORATION. 8. APPROVAL OF AN ADVANCE FROM THE GENERAL FUND TO THE SILVERROCK GOLF ENTERPRISE FUND. 9. APPROVAL OF AN APPROPRIATION FOR A LUMP SUM PAY-OFF OF THE CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CaIPERS) SIDE FUND. 10. ADOPTION OF A RESOLUTION REGARDING BENEFITS CONTRIBUTION FOR MANAGEMENT, CONTRACT MANAGEMENT, AND CONFIDENTIAL EMPLOYEES. City Council Agenda 3 September 15, 2009 003 11. ADOPTION OF A RESOLUTION AND FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH LA QUINTA CITY EMPLOYEES' ASSOCIATION REGARDING BENEFITS CONTRIBUTION. 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR PARCEL MAP 32891, DAVID CHAPMAN, TRADITION CLUB ASSOCIATES, LLC. 13. ADOPTION OF A RESOLUTION APPROVING A SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR PUBLIC FACILITY AND STREET IMPROVEMENTS ALONG CALLE TAMPICO AND AVENIDA BERMUDAS, AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB - LA QUINTA UNIT. 14. APPROVAL TO AWARD A CONTRACT TO B&T WORKS, INC. TO CONSTRUCT THE JEFFERSON STREET WALL AND SIDEWALK IMPROVEMENTS, PROJECT NUMBER 2009-16A. 15. ADOPTION OF A RESOLUTION APPROVING THE ADAMS STREET BRIDGE GENERAL PLAN AND ASSOCIATED MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2009-605, PROJECT NUMBER 2006-06. 16. APPROVAL TO AUTHORIZE STAFF TO PROCURE THE TRAFFIC SIGNAL EQUIPMENT AND POLES FOR THE NEW TRAFFIC SIGNAL AT AVENUE 52 AND DESERT CLUB DRIVE, PROJECT NO. 2008-02. BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITIES LAW. A. RESOLUTION ACTION STUDY SESSION - NONE City Council Agenda 4 September 15, 2009 "•• 004 REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 3. CITY COUNCIL AD -HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (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. PLANNING COMMISSION MINUTES OF JULY 14, 2009 20. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF JULY 1, 2009 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORTS FOR JULY AND AUGUST 5. COMMUNITY SERVICES DEPARTMENT REPORTS FOR JULY AND AUGUST 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR JULY AND AUGUST 8. PUBLIC WORKS DEPARTMENT REPORT FOR JULY AND AUGUST 9. POLICE DEPARTMENT REPORT FOR JULY AND AUGUST 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE City Council Agenda 5 September 15, 2009 � 005 MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO REDEVELOPMENT AGENCY MEETING NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL WILL ADJOURN AND NOT RECONVENE AT 7:00 P.M. UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT HAVE NOT BEEN CONSIDERED. 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 - NONE ADJOURNMENT The next regular meeting of the City Council will be held on October 6, 2009, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of September 15, 2009, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on September 11, 2009. DATEV September 11, 2009 VERON�ONTECINO, City Clerk City of La Q i ta, California City Council Agenda 6 September 15, 2009. r n 6 Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. City Council Agenda 7 September 15, 2009 007 PRESENTATION: La Quinta Public Library Quarterly Report April 2009—June 2009 Circulatinn The La Quinta Public Library circulated 55,441 items in the 41h Quarter of 2008- 2009. During this three month period the library was open 638 hours with an average hourly circulation of 87 items. 56% of the circulation was for adult materials, 5% for teen and 39% for children. nnnr mint This quarter 44,500 people visited the library to check out materials, read newspapers and magazines, utilize the Internet service, attend programs, and purchase books from the Friends of the Library Book Store. New Borrowers In the period between April 1 and June 31 staff issued 903 new library cards (A library card is issued for a three year period). As of May 31, 2009, the La Quinta Library had 24,359 active borrowers (June statistics were not yet available when this report was prepared). Public Computer Usage During this quarter, 10,176 computer sessions were logged on the library's 28 public access computers. Weekly Programming A Preschool Storytime for children 3Yz to 5 years old was held thirteen Tuesday mornings during the quarter. A total of 909 children attended. A weekly On -the -Lap Storytime for parents with babies and toddlers was held prior to the Preschool Storytime. Thirteen programs were attended by 671 participants. A Saturday morning program, Baby Play and Sign, is for babies and their parents with a focus on family communication and interaction using Baby Sign. Eleven programs were presented with 356 participants. Thursday @ Three is a weekly series of free programs featuring professional performers and is sponsored by the Friends of the Library. The first program on June 25, 2009, was attended by 139 people. .„, ^ 008 La Quinta Public Library Quarterly Report April 2009—June 2009 Special Programs A special family program to celebrate Day of the Child/Day of the Book/Dia de /os Ninos/Dia /os Libros was held on April 4, 2009. The event featuring books, crafts, food, and music was attended by 285 people. A day -long Summer Reading Kick -Off was held on June 18, 2009. This year's theme is Be Creative @ the Library. The first day 215 children registered for the Reading Rewards Program and by the end of June 368 youth were actively participating. Volunteers During this quarter 55 volunteers donated 678 hours of time. Volunteers worked in the book store, shelved returned books in the library, helped with programs, and performed a myriad of other tasks in the library. This includes fourteen new student volunteers helping out in the library during their summer break. Friends of the Library The La Quinta Friends of the Library continue to offer support in all areas. Library staff was very grateful to the Friends for supporting our Reading Rewards and Thursday @ Three programs. Their support allowed us to bring in quality performers, offer incentives and greatly contribute to the success of these programs. Special Monthly Events In April the Friends of the Library finished their An Evening with Friends program series. This series offered a diverse set of performers; from African drums to Flamenco dance. The season's last program was attended by 55 people. .. 11 004 Estimated La Quinta Library and Museum Expenditures April 1, 2009 — June 30, 2009 Library Contract Expenditures LSSI Expenditure $ 165,689 Library Materials 120,667 286,356 County Expenditures Personnel 2,992 Insurance -0- Miscellaneous Expenses 7,324 Special Program Expense 11,835 Accounting Costs -0- Travel and Conferences 29 Support Services 121,541 143,721 La Quinta Museum Management 64,718 (2/20/09 — 6/30/09) TOTAL EXPENDITURES $494,795 O10 La Quinta Museum Fourth Quarter Narrative Report April 2009—June 2009 Visitors This quarter a total of 1,408 people visited the museum, including 75 students attending OSHER classes held in the museum's community room. The museum hosted one field trip this quarter with 26 children attending. Fxhihifs The exhibits on display this quarter included Pioneer Families of La Quinta, Paris on Plein Air, Picturing America, and 400 Years of Astronomy. Programming Preschool Story Time for children ages 3-5 was held the first Wednesday of each month for a total of 3 sessions. Seventy-two children attended these programs. City Librarian Beth Foley read astronomy themed books and followed with a related craft. The museum held two First Friday events which were attended by 230 people. The occasions were the reception of Paris en Plein Air and the museum's One Year Anniversary. The museum's other special events attracted an additional 306 visitors. Topics of these events included: Butterfield Stage Route presentation, Legends of La Quinta panel discussion, Going Green Event, Dia de Los Ninos, Maggie Gordon "Historical Casitas of the Cove" author visit, Astronomy opening reception and three sessions of the children's Galaxy Adventure Club. Volunteer Hours During this quarter 7 volunteers donated 167 hours of their time to the museum. Volunteers greeted visitors at the reception desk and helped set up for special events held at the museum. Gift Shop Total sales in the gift shop this quarter was $820.91. In addition to polo shirts, visors and golf hats, the gift shop now offers exhibit related items such as freeze dried astronaut ice cream, Civil War hardtack and plush Abraham Lincoln dolls. � 5 �S CFI OF COUNCIL/RDA MEETING DATE: September 15, 2009 ITEM TITLE: Demand Register Dated September 15, 2009 RECOMMENDATION: Approve Demand Register Dated September 15, 2009 BACKGROUND: Prepaid Warrants: 84247 - 84275) 84276 84277 - 842911 Voids} Wire Transfers} P/R 35815 - 35825) P/R Tax Transfers} Payable Warrants: 84292 - 84426) FISCAL IMPLICATIONS: Demand of Cash - City 257,210.87 33,490.67 47,405.35 (750.00) 11,374,124.70 242, 808.15 63,070.72 627,249.82 $12, 644, 610.28 $1,318,800.26 Demand of Cash - RDA $11,325,810.02 Mohnalconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 012 CITY OF LA QUINTA BANK TRANSACTIONS 08/27/09 - 09/08/09 08/26/09 WIRE TRANSFER - LANDMARK 09/01/09 WIRE TRANSFER - PERS 09/01/09 WIRE TRANSFER - HEALTH PREMIUM 09/01/09 WIRE TRANSFER - US BANK TRUST 09/04/09 WIRE TRANSFER - PERS 09/04/09 WIRE TRANSFER - ICMA $174,555.97 $982.80 $98,618.35 $11,0621996.26 $24,104.72 $12,866.60 TOTAL WIRE TRANSFER OUT $11,374,124.70 013 .yNr o.i N o 0 o r o 0 o v o 0 W N K Uf - r 1[1 N ti O O Ifl 1f1 O W ¢ m ti N I[I N a 2 ❑z oz M Wr WK ao a W H i MW z o. z .Sw. 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U I N v NzzZ l oI mgw O v v\Q66r l o .I oMZZZr Or 0 o N N N r y 3 r N M W N r r .. ........ .. r U r o O q � O r O O o H > K P W W P I'm Z m m r \ O 0 M H r •+ + F- H g x r O NM W W z H W W W W r Q Z \ LL PS m= << - 1'OXOW PJ o f'J zuwwo r r HH o(9 z•• UNK1 I W y of z a0u0r xH off �a a NK HN az 0 IM D Mzu o aw o aN I a wo 000r MW w 0 zrc (D 00 I �-m q as c�mco r I z z U Z Q 053 F`h OF'IKEO COUNCIL/RDA MEETING DATE: September 15, 2009 AGENDA CATEGORY: ITEM TITLE: Receive and File Transmittal of Treasurers Reports as of June 30, 2009 and July 31, 2009 RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATION None. BACKGROUND AND OVERVIEW: BUSINESS SESSION: CONSENT CALENDAR: _C2L STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of Treasurer's Report dated June 30, 2009 and July 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. ��. 054 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 055 2 A l l ALMIVIUM I I T-dT 4 64-� Qg&r6j MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for June 30, 2009 DATE: July 31, 2009 Attached is the Treasurer's Report for the month ending June 30, 2009. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured IOther Ending Change LAIF Certificates of Deposit US Treasuries (2) . US Gov't Sponsored Enterprises (2) Commercial Paper (2) Corporate Notes Mutual Funds 59,795,185 122,906,761 4,997,829 12,122,786 5,000,000 969,000 30,000,000 1 (8,800,000) (53,000,000) 17,965,852 0 905 (3,661) 754,621 55,995,185 969,000 117,872,613 0 4,998,734 12,119,125 754,621 (3,800,000) 969,000 (5,034,148) 0 905 (3,661) 754,621 Subtotal $ 199,822,561 1 $ 35,969,000 $ 61,800,000 $ 18,717,717 $ 192,709,278 $ 7,113,283 Cash 3 2,787,009 1 1 fill1,795,608 991,401 1,795,608 Total $ 202,609,570 1 $ 35,969,000 $ 63,595,608 $ 18,717,717 $ 193,700,679 $ (8,908,891) I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quints, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. ' kIzo) 00 John M. Falconer - Date Finance DirectodTreasurer 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 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. �• " C 5 6 3 Treasurer's Commentary For the Month of June 2009 Cash Balances — The portfolio size decreased by $8.9 million to end the month at $193.7 million. The major reason for the decrease was the payment of $7.4 million of pass through tax increment payments in June. Investment Activity — The average maturity of the portfolio increased by 31 days to 1 1 1 days at the end of June. The Treasurer follows a buy and hold investment policy and purchased four (4) one Certificates of Deposit (under the $250,000 FDIC limit) with local banking institutions 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 -Treasury Loan Guarantee Program Corporate Note - GE Capital. The sweep account earned $50 in interest income for the month of June and the bank fees for the month were $ 2,045 which resulted in a net decrease of $ 1,995 in real savings. Portfolio Performance — The overall portfolio performance decreased by four (4) basis points from the prior month and ended at .80% for the month, with the pooled cash investments yielding .85%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding 2.86% which reflects the current interest rate environment. Looking Ahead While the liquidity crisis impacting financial and business institutions has somewhat 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. 057 0 f Z 7 a J O C O N W W W C d O Z O Z O Z O Z C Z- C Z C Z Z W o > a a c E n v o ul C y N N N Y > E^ N E m c T 0 ry C C N � Ln N %... N W N N N a N T T D C 0 C o ro a d CO < < N N d= N N v O _ O N O t y O O O O E >`N O N d^ N O 00000 m O p N d. 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Falconer, Finance Director/ Treasurer SUBJECT: Treasurer's Report for July 31, 2009 DATE: August 31, 2009 Attached is the Treasurer's Report for the month ending July 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 Sold/Matured Other Ending Change LAIF Certificates of Deposit US Treasuries (2) US Gov't Sponsored Enterprises (2) Commercial Paper (2) Corporate Notes Mutual Funds 55,995,185 969,000 117,872,613 - 4,998,734 12,119,302 - 754,621 2,312,401 20,000,000 1 (4,500,000) (20,000,000) 233,540 4,895 0 934 (3,790) 0 53,807,586 969,000 117,877,508 0 4,999,668 12,115,512 521,081 (2,187,599) 0 4,895 0 934 (3,790) 233,540 Subtotal $ 192,709,455 $ 22,312,401 $ 24,733,540 $ 2,039 $ 190.290,355 $ 2,419,100 Cash 3 988,489 1 1,729,005 740,516 1,729,005 Total $ 193,697,944 $ 22,312,401 $ 26,462,545 $ 2,039 $ 189,549,839 $ 4,148,165 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. F131 John M. Falconer Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. Q 6-5 11V Treasurer's Commentary For the Month of July 2009 Cash Balances — The portfolio size decreased by $4.15 million to end the month at $189.5 million. The major reason for the decrease was two months of County of Riverside Sheriff's bills, payment of our semi-annual waste hauling permit, and pass through payments. Investment Activity — The average maturity of the portfolio remained at 1 1 1 days at the end of July. The Treasurer follows a buy and hold investment policy and purchased one (1) $20 million T-Bill to replace the same amount of T-Bills. The portfolio continues to not have direct investments in Government Sponsored Enterprises (GSE's) at this time and has one non - Treasury Loan Guarantee Program Corporate Note - GE Capital. The sweep account earned $7 in interest income for the month of July and the bank fees for the month were $ 1,987 which resulted in a net decrease of $ 1,980 in real savings. Portfolio Performance — The overall portfolio performance decreased by fifteen (15) basis points from the prior month and ended at .65% for the month, with the pooled cash investments yielding .69%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding 2.77%.which reflects the current interest rate environment. Looking Ahead While the liquidity crisis impacting financial and business institutions has somewhat 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. r66 13 n N M z E E E L C O d m d d d d d d C z C z C z C z C z C Z C Z C Z C O N ' m E m S E n �o �$ a a i d d c c $ LL v m o N U C � N N Q N > a i N E S N a ` y d i m m adi adi ami ami T T a O O NmN C N U N 0 c c N m 5 'c12 N 3 0 0 0_ o U y � t m ° m o n o E E E E O O w EZS V O O O O O O M O O N N d O O O E> E_ ^ N N N m d O M MYi fA Mf9 O O y 7 N O O C 00 00 WE Of a v v ^ 0 0 0 0 OO000 0 0' o o O 00000 o O e o e \ ° C O O O MO O O O O p O o r O d O O O O do O L o O O .M_. M O LLN. C NO o CmJ .N.. 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v w ta�c��NS� mar 0�_-_ wmu��Vo6n-� gi 3� sag r 72 19 City of La Quinta Comparative Rates 0f Interest July 31. 2009 FV 0➢/08 FV 08109 Oc12006 Nov2006 Dec2006 Jan 2007 Feb 2007 Mar 2007 Apr 200 May 2007 June 2007 July 2007 Nov200] Dec 2007 Jan 2008 Feb 2008 Mar2008 Apr2008 May 2008 June 2008 July 2008 4ugJst200l Sept 2008 Oc12008 Nov2008 D. 2008 Jan 2009 Feb 2009 Mar2009 Apr2009 May 2009 June 2009 CNofL 0't Annualize0 Pooled Cash Eamin Fiscal Agent all s]5,16% Average Matun Ga 4.93% 5,00% % 95 4,94% 5.01% % 48 498% 5.01% % 53 5.00% 5.02% % 67 5.04% 503% % 62 5.08% 5.04% % 80 5.18% 5.12% % 64 6.19% 5,13% % 45 521% 5,03% % 61 520% 5.14% % 42 5,20% 5,05% % 32 519% 488% %521% 4.90% 129 6.17% 485% % 109 5,16% 486% 129 5.11 % 4,85% 5,02% 116 5.03% 4.83% 4 96% 99 4.95% 343% 4.45% 123 4.58% 3.33% 4.22% 96 4,12% 3.24% 3.85% 86 4,07% 283% 367% 14 345% 3.27% 3,41% 82 3,14% 3.27% 3.17% 63 3.09% 1.94% 2.86% 80 2.99% 1,93% 2.77% 62 3,16% 1.92% IN% 51 2.81% 1.92% 2.64% 37 286% 2.61% 2.61% 29 2.38% 2,36% 2.36% 64 1.60% 0.18% 142% 116 1,36% 0,18% 1,23% 82 1,23% 0.18% 1.11% 75 1.26% 0,18% 1A3% 69 0."% 0,18% 0,85% 54 0.92% 0.18% 0.84% 80 0.85% 029% 0.80% 111 4.9/% 5.00% 4.96% 4.94% 4,90% 4,98% 4.95% 4.88% 4,84% 4.81% 4.81 % 4.80% 4,69% 400% 3,95% 3.34% 3,31% 2,31% 2.07% 1.50% 1.70% 1.02% 2.14% 1.70% 1.88% 229% 275% 1.69% 1.89% 2,14% 2.38% 1.42% 119% 1,96% 2.00 % 0.90% 1.40% 112% 150% 0,15% 0,49% 1.04% 1,25% 0.05% 0.25% 0,59% 0.88% 0.16% 0.35% 0,43% 068% 0.30% 0.50% 0.61% 0.88% 0.20% 0.42% 0.70% 0.88% 0,31% 033% 0.59% 0.88% 0.18% 0.30% 0.53% 0,88% 0,20% 0.35% 0.55% 1.13% 218% 2,08% 2.13% 2.07% 1,45% 0.97% 0,31% 0,48% Da➢% 0.28% 0,23% 0.26% 4.95% 5.02% 510% 5.13% 6.13% 5.16% 5.18% 5.21 % 522% 5.25% 5.25% 5.26% 525% 523% 5.14% 4.96 % 4.80% 4.62% 4.16% 378% 3,40% 3.09% 2,89% 279% 2.➢8% 2.1]% 271% 2.57% 2,35% 205% 8➢% 82% 161% 153% 1.38% 073 UP] City of La Dunne Comparative Rates of Interest June 30, 2009 _ City 1L p'ta Year Month m"nu Pooletl Cash in oamin Fiscal A ere s Overall Average Maturit oa TreasuryBVIVN to Three Month c FY 02/03 July 2002 2.46 1.00% 205% Three Month Six Month One Year Two Year Non -Financial LAIF Rai August 2002 2.45% 1.2]% 2,07% 172 172 1J3% 2.]1% Sept2002 246% 1.26% 2.10% 139 1.12% 7.62% 2.59% Oct 2002 2.41% 1.00% 2.08% 121 1.55% 2.60% Nov 2002 2.32% 1,00% 2.02% 109 129% 2.49% Dec 2002 2.23% L00% 1.80% 1fi3 t2➢% 2.30% Jan 2003 2.11 % 0.80% 1.62% 137 1.16% 2.31% Feb 2003 1.98% 0.59% 1.]4% 131 1.20Y° 2.10% Mar2003 2.01% 0.]5% 1.]8% 117 1.18% 1,95% Apr2003 1.98% 072% 1.76% 92 1.1]% 1,96% May 2003 1.88% 0]3% 1.54% ]q 1.86% June 2003 1]3% 049% 1,40% 123 1." 0.86% 180% FY 03104 JVIy2003 1.66A 0,52% 143% 131 110% August2003 1.65% 045% 1.35% 110 0.98% 1.65% Sept2003 1.66% 0.49% 1.26% 80 1.08k 1.01% 1.83% Oct 2003 1.59% 0,48% 1,36% 121 1.01% 1.64% Nov 2003 1.64% 048% 1.38% 98 1,03% 1.64% Dac2003 1.67% 0.57% 1.41% 117 0.99% 1.57% Jan 2004 1.58% 0.30% 1.37% 140 1.00% 1.55% Feb 2004 1.65% 0.30% 1.38% 120 1 u1% 1,53% Mar2004 1'50% 0,50% 1.33% 155 1.01% 144% Apr2004 1.50% 0.50% 1.33% 137 119% 1,47% May 2004 1.54% 0.50% 1.38% 13] 1.38% 145% June 2004 i.fi9% 0.4]% 1.62% 20B 1]3Z 1.43% F Y 04105 July 2004 1.73% 0.50% 1.68% 214 ll4% 1.43% August 2004 1.]3% 0.50% 1.5]% 172 1.78% 1.43% Sept 2004 1.79% 107% 1.68% 167 1.95% 1.67% Oct2004 1 ]9% 1.14% 1,72% 112 2.04% i]]% Nov 2004 1.79% 1,43% 1.73% 113 2.37% 1.89% Dec 2004 1,89% 2.23% 2.08% 145 2.56% 2.00% Jan 2005 2.00% 2,25% 2.12% 109 2 2.1313 % Feb 2005 2.16% 2.26% 2.22% 104 .56% 2,85% 2.% Mar2005 2.16% 2.6]% 2,43% 120 2.85% 23]% . Apr2005 227% 2.69% 249% 93 3.09% 23]% May 2005 2.47% 230% 2.58% 64 3,11% 2]2% June 2005 2.59% 3.10% 283% 113 322% 2.86% FY O5Q6 July 2005 2.65% 3.11% 2.87% 73 3.54% 2.97% August2005 2,64% 3,11% 2.81% 84 3.69% 3.08% Sept2005 3.07% 3,48% 3,20% 16 375% 3,18% 002005 3.33% 3.51% 3.34% 65 375% 3,32% Nov2005 3.70% 3.53% 3.55% 96 4.16% 3.46% DK2005 3.81% 3,03% 3.67% 68 420% 3.64% Jan 20D6 4.11% 4,00% 4.06% 112 4.44% 3.81% Feb 2006 4,14% 4.01% 4.09% 73 4.58% 3.96% Mar 2006 431% 4.45% 4.31% 110 4.63% 4,04% Apr2006 430% 4.46% 4.37% 92 4,74% 4,14% May 2006 4,67% 4.48% 4.60% 67 4,84% 4,31% June 2006 4.74% 4,98% 4.83% 78 5.11% 4.56% FY 06/07 July 2006 4.93% 500% 4.96% 95 06% 5.08% 4.]0% August 2006 4.94% 5.01% 4,9]% 48 . 485% Sept2006 468% 5,01% 4.99% 53 5.00% 4.85% Oct 2006 5.00% 5.D2% 507% 6] 4.96% 5.02% Nov 2006 5.04% 5,03% 5.03% 62 O94% 5.10% Dec 2006 5.08% 504% 506% W 4.9i 5.13% Jan 201A 5.18% 5,12% 5.16% 64 496% 5.13% Feb 2007 - 5.19 % 5.13% 5,1]% 45 . 4.95% 51% . Mar 200] 5.21% 503% 5.15% 6] 4.88% 516% Apr2007 520% 5.14% 5,15% 42 A84% 5.21% May 2007 5.20% 5,05% 5.16% 32 4.81% 52% June 2007 5.19% 4.88% 5,10% 85 681% . 525% FY 07I08 July 2007 5.21% 4.90% 5,12% 129 . 4.80% 525% August 200] 5,17% 4,85% 5,08% 109 4.59% 5.26% Sept2007 5.16% 4.86% 506% 129 400% 5.25% Oct 200] 5.11% 4.85% 6.02% 116 . 3.95% 523% Nov 2007 5.03% 4.83% 4.96% 99 3.34% 5.14% 514% Dec 200] 4.95% 3.43% 4.45% 123 339% Jan 2008 4.58% 333% 4.22% 96 2.31% 4.% 80 Feb 2008 4.12% 3.24% 3,86% 86 2,07% 480% Mar2008 4,07% 2,83% 3.67% 74 1.50% 4,16% Apr2008 3.45% 3.27% 3,41% 82 1.70% 375% May 2008 3.14% 3.27% 3.17% 63 1,92% 3.40% June 2008 3,09% 1.94% 2,86% 80 2.14% 3,07% FY 08/09 July 2008 2.99% 1193% 2.]]% 62 1.70% 1.88% 239% 215% 2.18% 2.89% 2.79% August 2008 3.16% 1,92% 2,88% 51 1.69% 1.89% 2.14% 2.38% 2,08% 2.78% Sept2008 2,81% 1.92% 2,64% 37 1.42% 1.79% 1.96% 200% 2.13% 2.11% Oct2008 266% 2.61% 2.61% 29 0.80% 140% 112% 1.50% 2.07% 2,71% Nov2008 2,38% 2.36% 2.36% 64 0.15% 0,49% 1.04% 125% 1.45% 2,57% Dec 2008 1,60% 0.18% 1,42% 116 0.05% 025% 0.59% 0.88% 0,97% 2.35% Jan 2009 1.36% 0.16% 123% 82 0.15% 0,35% 0.43% 0,88% 0.31% 2.05% Feb 2009 1,23% 0.18% 1,11% 75 0,30% 0.50% D.61% 0.88% 048% 18]% Mar 2009 1.26% 0,18% 1.13% 69 0.20% 0,42% 070% 0,88% 0,37% 1.82% Apr2009 0.94% 0.18% 0.85% 54 0,31% 0,33% 0,59% 0,88% 0.28% 1.61% May 2009 0,92% 0.18% 0,84% 80 0,18% 0,30% 0,53% 0.88% 023% 1.53% r74 21 0 0 C w 0 C CD cCD N O OD to o d IL 0 L U ca I � c cc I � d LL 0 i 0 N O o a V d K 075 22 QUIRACU ��G�iR SSW OF'CN4'O COUNCIL/RDA MEETING DATE: September 15, 2009 ITEM TITLE: Receive and File Transmittal of Revenue and Expenditure Report dated June 30, 2009 and July 31, 2009 RECOMMENDATION: Receive and File FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of the June 30, 2009 and July 31, 2009 Statements of Revenue and Expenditures for the City of La Quinta. Respectfully submitted: John Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Revenue and Expenditures Report for June 30, 2009 2. Revenue and Expenditures Report for July 31, 2009 076 ATTACHMENT 1 CITY OF LA OUINTA REVENUES -ALL FUNDS 0710112008 - 0613012009 FUNDS ADJUSTED BUDGET RECEIVED % RECEIVED General S43 824,523 00 $35.956,673.01 82,00% Library 2,628,600.00 1,315.787,00 50,10% Gas Tax Revenue 988,800.00 1,056,093.53 106.80% Federal Assistance 346,110.00 26,05500 7.50% JAG Grant 0,00 0.00 0.00% Slesf (Cops) Revenue 100,500.00 10D801.26 100.30% Indian Gaming 214,82600 210,431.54 98.00% Ligheng 8 Landscaping 927,90000 927,816.30 100,00% RCTC 4,063,268.00 2,092,205.73 5150% Development Funding 0.00 0.00 0.00% Crime Violent Task Force 81,489.00 79,077.71 97,00% AS 939 27,500.00 25,280.99 91,90% Quimby - 253,900.00 236,57202 93.20% Infrastructure 6,000.00 7,082.57 118.00% Proposition I 1,223,803.00 629.056.50 51.50% South Coast Air Quality 120,400.00 140.852.92 117.00% Transportation 993,000.00 944,367.58 95.10% Parks & Recreation 60,000.00 94,999.00 158.30% Civic Center 100.000 00 145,086.93 145.10% Library Development 30,000.00 42,606.07 142,00% Community Center 35,000.00 27.971.90 79.90% Street Facility 40,300.00 34,613.23 85.90% Park Facility 4,000,00 4,092,45 102.30% Fire Protection Facility 20,000,00 20.423.40 102,10% Arts In Public Places 152,044.00 148,265.44 9750% Interest Moulton 0.00 0.00 0.00% Capital Improvement 104,647,069,00 25.914, 174,11 24,80% Equipment Replacement 798,881.00 939,193,03 117.60% Information Technology 524,2D1.00 535,215,77 102.10% Park Equipment B Facility 447,694.00 507,592,07 113,40% SilverRock Gott 3,369,301.00 3,368,134.68 100,00% SilverRock Goff Reserve 71,386.00 68.810.87 9640% LO Public Safety Officer 2,425,00 2,360.90 97.40% La Quints Financing Authority 6,611444.00 6,606,48501 9990% RDA Project Area No. 1 69,180,187.00 63,510.018,87 91.80% RDA Project Area No. 2 32,773,493.00 31,521,186.65 96.20% Total $274.668,044.00 $177,240184.D4 64.50% 077 CITY OF LA OUINTA EXPENDITURES -ALL FUNDS FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT General Library 1,762,207.00 18192 0.00 679,604.15 61 4% Gas Tax 1346,118L00 77.20 86,055, 20 2305000 0.00 0.00 317055,00 320,055.00 7 5% Assistance 340.00.Op 007 0.00 0,00 00% 0.0% JAG Grant JAG Slea (Cops) Revenue 123,078.00 0.00 0.00 ,219 4,394, 6 76.3% 980% Gaming 9214,826,W27.900W 9744,87,0 10,431.62 210431.54 9773,8147 000 62383 (71,062) Lighting SLanOswPin9 Lighting RCTC 3,]44,87700 1,7]3,Bid 73 000 1,971,06227 4T4% 4].4% Development Agreement 0.00 52,100.00 0.00 41,755,53 0.00 0.00 0.00 10, 344.47 00% 80.1% CV Violent Crime Task Force W,188.00 10.613.16 0.00 49.574,84 17,6% AS 939 Quimby 9,062,261.00 113, 309.77 000 8,948,951.23 1.3% Infrastructure 397,57690 1,230742.00 000 629,856,50 000 0.00 397576.00 606,88550 0.0% 50.9% Proposition I South Coast Air Quality 93.600,00 75,913.45 0.00 17,686.55 5,465,93796 81.1% 34.9% Transportation 8,390155.00 37,50000 2,930,217. 04 26,20058 0.00 0.00 11,299.42 699% Palls B Recreation Civic Center 436,014.00' 369,254.45 0.00 64,759.55 85.1% 70.2% Library Development 48,75000 34,226.06 0.00 0,00 0.00 14,523.94 0.00 0.0% Community Center 0,00 2,48g563.00 8, 16500 0.00 2,476 ' 39800 0.3% Street Facility 000 0,00 0.00 0.00 0.096 Park Facility 23,125.00 16,507,14 0,00 6.61786 714% Fire Protection Arts In Public Places 696,200.00 290.527.27 0.00 405,672.73 000 411% 0.0% Interest Allocation 000 104fi47,069.00 0.00 25,914,174.11 0,00 0.00 78,732,894.89 24.8% Capital Improvement 888,646.00 481, 15030 0,00 407,495.70 54.1% Equipment Replacement 627,627.00 363,240.19 0.00 254,586.81 579% Information Technology 109,565.00 513,919.50 0.00 (404,356.50) 469.1 Park Maintenance Facility 4,325,095.00 4, 506,657.14 0.00 (181,562.14) 1D4.2% SiN.Rock Golf 000 0.00 0.00 000 0.0% SllveiRack Reserve LQ Public Safety Officer 2,000.00 0.00 0.00 0.00 2,000.00 2,922,66 0.0% 100.0% La Quints Financing Authority 6,612,244.00 107401,864.00 6,609,321.34 60,628,839,87 0.00 46 773 024.13 56.5% RDA Project Area No. 1 46,060957.00 41, 138,370,43 0.00 4 ,928,586.57 89.3% RDA Project Area No. 2 oe 078 3 CITY OF LA OUINTA 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 TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Pennits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Finance Bldg & Safety Fees Community Development Fees Public Works Fees TOTALFEES Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines Federal Gout Grants County of Riverside Grant State of California Grant Fire Services Credit CVWD CSAI52 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue AB939 Assmnt Dist Surplus Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 07/01/2008 - 06130/2009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,838.600.00 1,980.361.15 858,238.85 69.770% 3,554,125.00 3,867.736,83 (313.611.83) 108.820% 274,069.00 593.093.39 (319.024.39) 216.400% 6,029.400.00 4.913,351.06 1.116,048.94 81.490% 2,202,600.00 2,299.577.64 (96,977.64) 104.400% 573,760.00 455,089,21 118.670.79 79.320% 5,320,000.00 4,221,652.66 1,098,347.34 79,350% 305,400.00 258,814.35 46.585.65 8,1750% 1,687,400 00 1,533,249,09 154,150 91 90,860% 22,785,35400 20.122,925.38 2,662,428.62 88.320% 279.200.00 285,304.10 (6,104.10) 102.190% 19.700,00 29.487.50 (9,787.50) 149.680% 248.451.00 331,35100 (82.900,00) 133.370% 37,523,00 40,819.10 (3,296.10) 108.780% 21.184.00 27,488.00 (6,304.00) 129,760% 24,383,00 44,302.01 (19,919,01) 181.690% 10,700.00 15,280.00 (4,580.00) 142.800% 70,939,00 96, 104.24 (25,165,24) 135.470% 712080.00 870,135.95 (158,055,95) 122,200% 2, 100.00 3,488.69 (1,388.69) 166.130% 329,414.00 351,922.15 (22,508,15) 106.830% 25000 833.34 (583.34) 333.340% 265,97700 268,272.43 (2,301.43) 100.870% 70,00000 81249,70 (11,249,70) 116,070% 401.200.00 393,767 fi0 7,432.40 98.150% 1,068.935.00 1.099,533.91 (30,598.91) 102.860% 3,942,100.00 3,940.801.04 1.298.96 99.970% 94,500.00 149,779,91 (55,279.91) 158,500% 59,500.00 54,50300 4,99700 91.600% 116,000.00 230.352.15 (114.352.15) 19&580% 5,400.00 1,961.00 3,439.00 36,310% 4.645,84100 485,206.60 4.160.634.40 10.440% 39.562.00 20.838,09 18.723.91 52.670% 5,553.100.00 4.206,864.56 1.346,235.44 75,760% 16,800.00 0.00 16,800.00 0.000% 238,664.00 238,663.71 0.29 100.000% 14,711,467.00 9,328,970.06 5,382.496.94 63.410% 4,037,478.00 4,040.970.67 (3,49267) 100090% 10,900.00 28,664.52 (17,764.52) 262.980% 92,300.00 110.513.40 (18,213.40) 119730% 000 1,399.55 (1,399.55) 0,000% 0.00 0,00 0.00 0.000% 0.00 0.00 0.00 0.000% 50,00 11.85 38.15 23.700% 103.250,00 140,589.32 (37,339.32) 136.160% 405,959.00 353,547,72 52,411.28 87.090% 43,824,523,00 35,956.673,01 7,867,849.99 82.050% 079 CITY OF LA OUINTA 07/01/2008 - 06/30/2008 GENERAL FUND EXPENDITURE SUMMARY ADJUSTED REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 1,011,422.00 905,083.59 0.00 106,338,41 CITY MANAGER'S OFFICE - 501,50300 499, 186.89 0,00 2,316.11 DEVELOPMENT SERVICES 2,463,637.00 2,221,754.55 0,00 241,882,45 MANAGEMENT SERVICES 1618399.00 1521438.03 0W 90960.97 TOTAL GENERAL GOVERNMENT ,. 4 CITY CLERK 75848300 673656.25 000 84,826.75 TOTAL CITY CLERK COMMUNITY SERVICES PARKS 8 RECREATION ADMINISTRATION 1,311,611 00 988,50008 0.00 323,110.94 SENIOR CENTER 417,102.00 404,552.64 0.00 12,639.36 PARKS 8 RECREATION PROGRAMS 206,779 00 208,694.48 0.00 (1,915,48) LIBRARY 1,432,296.00 816, 144.29 0.00 616,151,71 MUSEUM 292,11000 240, 344.67 0.00 51,765.33 - PARK MAINTENANCE 1421331.00 1407, 125.94 0.00 14205.06 TOTAL COMMUNITY SERVICES FINANCE FISCAL SERVICES 1,00 985,686.33 0.00 39,56567 CENTRAL SERVICES 402511 40251100 362,985.09 0.00 39,525.91 TOTAL FINANCE BUILDING S SAFETY: BUILDING B SAFETY -ADMIN 436,816.00 426,65869 0.00 10,159.31 BUILDING 993,720.00 972,153,05 0.00 27 566.95 CODE COMPLIANCE 997,975O0 975,344,41 0.00 22.630.59 ANIMAL CONTROL 406,010,00 382,079.19 0.00 23,93081 FIRE 5,070,384.00 4,133, 154.56 0.00 937,22944 EMERGENCY SERVICES 155,77400 158,274.21 0w (2,500.21) CIVIC CENTER BUILDING- OPERATIONS 1,260.760.OD 1.203.496.48 0,00 57263,52 POLICE: PUBLIC WORKS: TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES POLICE SERVICES 12.224,910.00 11,640,9%88 0.00 583,913. 12 TOTAL PUBLIC SAFETY COMMUNITY DEVELOPMENT -ADMIN 1,584,786. 00 813,25,% 0.00 771,535,04 CURRENT PLANNING 825,086. DO 680667.58 0.00 14411642 TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS ADMINISTRATION 857,885.00 732,86398 DO 125,021.02 DEVELOPMENT B TRAFFIC 1,OB,850.00 1,063,419,73 0.00 31,430,27 MAINT/OPERATIONS- STREETS 3,613,387.00 1,458,903,U 0.00 2,154,403.36 MAINT/OPERATIONS- LTGAANDSCAPING 2,071,254.00 1,W4,005.71 0.00 147,24829 MAINT/OPERATIONS- TRAFFIC 826,189.00 722.484.43 0.00 103,70457 CONSTRUCTION MANAGEMENT 91848700 /4837318 `T30.67 000 (2988618Z TOTAL PUBLIC WORKS -9,3i'�,6541fa G'S 0 2,53T`42U 5,973.790.00 1,697,640.55 0.00 4,276,149.45 (5935989.00) (4604769.87) 0.00 (1,331219,13) 46,228.310.00 36,554,238.17 0.00 9,674,071.83 080 5 CITY OF LA QUINTA 07/01/2008 - 06130/2009 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 gold 0.00 0,00 0,000% TOTAL LIBRARY 2.628,60000 1,315,787.00 1,312,813.00 50.060% GAS TAX REVENUE: Section 2105 197,400.00 230,891.02 (33,491,02) 116,970% Section 2106 131,300.00 141,49968 (10,199,68) 107,770% Section 2107 262.100,00 307,30106 (45,201.06) 117.250% Section 2107.5 0,00 6,000.00 (6,000.00) 0.000% Traffic Congestion Relief 392.000.00 365,129.44 26,870.56 93,150% Interest 6,000.00 5,272.33 727.67 87.870% TOTAL GAS TAX 988,800,00 1,056,09353 (67,293.53) 106.810% FEDERAL ASSISTANCE REVENUE: CDBG Grant 346,110.00 26,05500 320,055.00 7,530% Interest 0.00 0.00 0.00 0,000% TOTAL FEDERAL ASSISTANCE 346, 110.00 26,055.00 320.055.00 7.530% JAG GRANT Grant Revenue 0.00 0,00 0.00 0,000% Interest 0.00 0.00 0.00 0.000% TOTAL JAG GRANT 000 0,00 0,00 0.000% SLESF(COPS)REVENUE: SLESF(Cops) Funding 100,000,00 100,305.34 (306.34) 100,310% Interest 500,00 494.92 5,08 98.980% TOTAL SLESF(COPS) 10g500.00 100,80126 (301,26) 100,300% INDIAN GAMING Grant revenue 212,82600 210.431.54 2.394,46 98,870% Interest 2,000.00 D00 2,000.00 0.000% TOTAL INDIAN GAMING 214,826.00 210.431.54 4,394.46 97.950% LIGHTING S LANDSCAPING REVENUE: Assessment 927,90000 927,816.30 83,70 99990% Developer 0.00 0.00 0.00 0,000% Interest 000 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPING 927,900,00 927,816,30 83.70 99,990% RCTC RCTC Funding 4,063,268,00 2.092,205.73 1,971,062.27 51.490% 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 000 000 0.00 0.000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 40,536.00 29,952.00 10,584.00 73.890% Grant revenue -JAIB 25.600.00 31,955.47 (6.355.47) 124,830% CLET Line 3.100.00 5,148.21 (2,048,21) 156.070% Asset Forfeiture -State Adjudicated 8,753.00 8.753.13 (0.13) 100.000% Interest 3,500,00 3,268,90 231,10 93,400% TOTAL CRIME VIOLENT TASK FORCE 81,489.00 79,077.71 2,411.29 97,040% AS 939 REVENUE: AB 939 Fees 0.00 0.00 0.00 0,000% Interest 27,500.00 25,280.99 2.219.01 91.930% TOTAL AS 939 QUIMBY REVENUE: Quimby Fees 53,900.00 53,854.50 45.50 99920% Donations 0.00 0.00 0.00 0000% Interest 200,000.00 182,717.52 17,282.48 1.36 10% TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 0.00 0000% Interest 6,000.00 7.082.57 (1,082.57) 118.040% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 6,000.00 7,082.57 (1.082.57) 118.040% PROPOSITION 1B Prop I Grant 1,218,713,00 624,305,00 594,408.00 51.230% Interest 5090.00 5551.50 461,5 1094070%rD� TOTAL PROPOSITION 1 B [PlS� 8U3D6Z9i15E5T1 59 ,9A6. 5T50 " " 081 s 07/0112008 .06/3012009 CITY OF LA OUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S.C.AQ. Contribution 48,900.00 61.277.31 (12.377,31) 125,310% MSRC Funding 67.000.00 74,924.44 (7,924.44) 111.830% Street Sweeping Grant 0,00 0.00 0,00 0.000% Interest _ 4500.00 4651,17 (15117) 103360% TOTAL SCAQ 120,40000 140.852.92 (20,452.92) 116.990% TRANSPORTATION Developerfees 850,000.00 825,304.20 24,695.80 97.090% Interest 143,000.00 119,063,38 23,936.62 83.260% Transfer in 000 000 000 0.000% TOTAL TRANSPORTATION 993,000.00 944,367.58 48,632.42 95.100% PARKS S RECREATION Developerfees 60,000.00 94,999.00 (34.999.00) 158.330% Interest 0.00 000 0.00 0.000% Transfer in 0.00 0A0 000 0.000% TOTAL PARKS 8 RECREATION 60,000.00 94,999.00 (34,999,00) 158,330% CIVIC CENTER Developerfees 100,00000 145,086.93 (45,086.93) 145.090% Interest 0,00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 100,000.00 145.086,93 (45,08693) 145.090% LIBRARY DEVELOPMENT Developerfees 30.000,00 42.606.07 (12,606.07) 142.020% 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 4$606,07 (12606.071 142.020% COMMUNITY CENTER Developerfees 5,000.00 7,884.00 (2,884.00) 157.680% Interest 30,000.00 20,087.90 9,912.10 66.960% TOTAL COMMUNITY CENTER 35,00000 27,971.90 7,028.10 79.920% STREET FACILITY Developerfees 35,300,00 28,746.92 6,553.08 81,440% Interest 5,000.00 5,866.31 (866.31) 117,330% Transfer In 0.00 000 0,00 0.000% TOTAL STREET FACILITY 40,30000 34,613,23 5,68677 85.890% PARK FACILITY Developerfees 2,000.00 2,340.00 (34000) 117.000% Interest 2,000.00 1,752.45 247.55 87620% TOTAL PARK FACILITY 4,00000 4,092.45 (92,45) 102.310% FIRE PROTECTION FACILITY Developerfees 20,000.00 20,42340 (423,40) 102.120% Interest 000 0.00 000 0,000% TOTAL FIRE PROTECTION FACILITY 20,000.00 20.423.40 (423.40) 102.120% ARTS IN PUBLIC PLACES REVENUE: Arts In Public Places 110,000.00 105,569.92 4.43008 95.970% 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 18851.94 (1651.94) 109.600% TOTAL ARTS IN PUBLIC PLACES 152.044.00 148.265,44 3,778.56 97.510% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 0,00 0.00 0.000% Transfer In 0,00 0,00 0.00 0000% TOTAL INTEREST ALLOCATION 0.00 000 000 0.000% r• 082 7 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL 07/01/2008 .0613012009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP 58821-Bicyde Path Grant State of California APP Contrbution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 1,588,43800 1,306,563.17 281,874.83 82.250% 50,85100 000 50,851,00 0.000% 000 0.00 0.00 0.000% 10,047.212,00 523,939.20 9,523,272.80 5,210% 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% 631,005.00 631.004.92 008 100.000% 0 00 0,00 0,00 0.000% 131,490.00) 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% 91,042,439,00 22,521.610.22 68.520,828.78 24,740% 104,647.069.00 25,914,174,11 78.732,894.89 457.660% EQUIPMENT REPLACEMENT FUND: Equipment Charges 716,881.00 716.881.00 0.00 100000% Capital Contribution 0.00 127,121.85 (127.121.85) 0.000% Sale of Fixed Asset 000 15.558.95 (15,558.95) 0.000% Insurance Recoveries 0.00 5,983.27 (5,983,27) 0.000% Interest 57,000,00 48,647.96 8,352.04 85.350% Transfers In 25.000,00 25,000.00 0.00 100.000% TOTAL EQUIPMENT REPLACEMENT 798.881.00 939,193.03 (140,312.03) 117,5(1 INFORMATION TECHNOLOGY FUND: Charges for services 494,201.00 494,201.00 0.00 100 000% Capital Contribution 0.00 16,209.93 (16,209,93) 0.000% Sale of Fixed Asset 0.00 000 0,00 0.000% Interest 30,00000 24.804.84 5,195.16 82680% Transfers In 0,00 0.00 0,00 0.000% TOTAL INFORMATION TECHNOLOGY 524,201,00 535,21577 (11,014,77) 102,100% PARK EQUIPMENT 8 FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT 8 FAC SILVERROCK GOLF Green fees Range fees Resident Card Bob Hope Chrysler Classic Merchandise Food 8 Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers in TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 413,394.00 413,394.00 000 100,000% 34,300,00 29,553.57 4,746.43 86,160% 0.00 64,644.50 (64.644,50) 0.000% 447,694.00 507,592.07 (59,898.07) 113.380% 2,942.684.00 2,970,725.61 (28,041.61) 100,950% 103.104.00 76,447.89 26,656.11 74.150% 15.000,00 32,250.00 (17,250.00) 215,000% 0,00 0.00 0.00 0.000% 308,513.00 283,998.74 24,514.26 92.050% 0.00 4.712,44 (4,71244) 0.000% 0.00 0.00 0.00 0,000% 0,00 0,00 0.00 0.000% 3,369.301.00 3,368,134.68 1,166.32 99.970% 4,300.00 3.074.46 1.225.54 71.500% 67,086.00 65,736.41 1.349.59 97.990% 71,386.00 68.810,87 2,575.13 96.390% 2.000.00 2,00000 0,00 100.000% 425.00 360,90 64.10 84.920% 2,425,00 2.360,90 64.10 97.360% 083 a CITY OF LA QUINTA D7101I2008 - 06130/2009 OTHER CITY FUNDS ADJUSTED REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTEREST ADVANCE 25,00000 21,07889 0.00 3,921.11 CAPITAL PURCHASES 6,600,00 4,975.00 0.00 1525.DO REIMBURSE GENERAL FUND 1.730, 707.00 1 05fi 488.% 0.00 674,218.04 TRANSFER OUT 0.00 0.00 0.00 TOTAL LIBRARY FUND GASTAX CONTRACT SERVICES 29,480.00 0.00 0.00 29.480. DO REIMBURSE GENERAL FUND 643,014.00 722,72392 0,00 (79,709.92) TRANSFER OUT 464,393.00 9655321 0.00 17,839]2 TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: TRANSFER OUT 346110.00 2605500 320055.00 TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OUT TOTAL JAG GRANT 0.00 0.00 0.00 0,00 SLESF (COPS) TRANSFER OUT TOTAL SLESF(COPS) FUND 123,078.00 93,858,62 0.00 29.21938 INDIAN GAMING FUND TRANSFER OUT 214,826,00 210.431.54 0.00 43PI 41 TOTAL INDIAN GAMING FUND LIGHTING 8 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND - 927,900.00 934, 138.36 0.00 S238.%) TRANSFER OUT 0.00 0.X0 0.00 0.00 TOTAL LTGILANDSCAPING FUND RCTC TRANSFER OUT 3,744,87700 1, 773,814,73 D.00 1971052.27 TOTAL RCTC 3,]44,6]] 0027 DEVELOPMENT AGREEMENT FUND CONSTRUCTION 000 0.00 0m 0.DO REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 0 w 0.00 000 0.00 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 52, 100.00 41,755.53 0,00 10,344,47 TRANSFER OUT 0.00 0.00 0 X, 0.00 TOTAL CRIME VIOLENT TASK FORCE AB 939 OPERATING EXPENSES 60,188.00 10,613.16 0.DO 49,57484 TRANSFER OUT 0.00 0,00 0,00 0,00 TOTAL AS 939 QUIMBY FUND: FEASIBILITY STUDY 35,000.00 0.00 0.00 35,000. DO REIMBURSE DEVELOPER FEES 32,13000 32,130.00 0.00 0.DO TRANSFER OUT 8,995,131.00 81,179.77 0.00 0.913,951.23 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 000 0.00 0.00 0.00 REIMBURSE GENERAL FUND 000 0.00 0.00 0.00 TRANSFER OUT 397,576.00 0m 01 3175]6.00 TOTAL INFRASTRUCTURE 397,57500 0 PROPOSITION IS - SS 1266 TRANSFER OUT TOTAL PROPOSITION 1 B FUND 1,236, 742.00 629.856.50 0.00 606,885,50 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 27,710.89 Do (1,110.89) TRANSFER OUT 67,000.00 48202.56 000 18,79744 TOTAL SOUTH COAST AIR QUALITY TRANSPORTATION PROGRAM COSTS 0.00 000 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 8396,155.00 293021].04 O.OX 5,465937.9E TOTAL TRANSPORTATION 1500 2 PARKS 8 RECREATION INTEREST ON ADVANCE 37.500.00 26,200.58 0.00 11.299.42 TRANSFER OUT 0.00 0.DO 0.00 0.00 TOTAL PARKS 8 RECREATION CIVIC CENTER SERVICES 0.00 3,012,38 0.00 (3,012,38) INTEREST ON ADVANCE 231,250.00 163,478.07 0.X0 67,771,93 REIMBURSE GENERAL FUND 202,76,100 202,764.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.D0 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 48,750.DO 34,22606 0.00 14,523,94 TRANSFER OUT 0.00 0.00 0,00 0.00 TOTAL LIBRARY DEVELOPMENT 084 s CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 0710112008-0613012009 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.GO 0.00 000 0.00 TRANSFER OUT 0.00 000 0.00 0.00 TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS Q00 0.00 0.00 000 TRANSFER OUT 2484,563.00 8165.00 11 2476398.0' TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 0.00 0.00 000 0,00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 23.125.00 16, 507.14 0.00 6,617.86 TRANSFER OUT 0.00 0.00 000 0,00 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 10,074,34 0DD 19,925.66 OPERATING EXPENSES-APP 6,535DID 4,81773 000 1,717.27 ART PURCHASES 259.665.00 75,635.20 GAO 184,029.80 TRANSFER OUT 400000.00 200,000.00 0.00 206000.00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 103,637 964 00 25.648.02348 0.00 77,989.940.52 PROJECT REIMBURSEMENTS TO GEN FUND 1,009,105.00 266,150.63 0.00 742,954.37 TRANSFER OUT 0.00 0.00 0.00 0.DO TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 879,14600 194,82C47 0,00 684,325.53 CAPITAL PURCHASES 9, 500.00 286,329.83 0.00 (276829.83) TRANSFER OUT 000 0.00 0.00 0A0 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 627827.00 363,24D.19 000 26a 586.e1 TOTAL INFORMATION TECHNOLOGY FUND PARK MAINTENANCE FACILITY OPERATING EXPENSES 87, 565.00 495,729.80 0.00 (408,16480) CAPITAL PURCHASES 22,000.00 18,18970 0.00 3,810,30 TRANSFER OUT O.OD 0.00 0,00 0,00 TOTAL PARK MAINTENANCE FAC SILVERROCK GOLF OPERATING EXPENSES 4,256009.00 4,440,92073 0.DO (182,911.73) TRANSFER OUT 67,086.00 657' 1 0.00 1,349.59 TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE TRANSFER OUT 000 0.00 000 0,00 TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2.000.00 0.00 000 2000.00 ^85 to ATTACHMEN 1 Z CITY OF LA QUINTA REVENUES -ALL FUNDS 07101)2009 - 0713112009 FUNDS ADJUSTED BUDGET RECEIVED % RECEIVED General $38,911,135.00 $476,841.60 1.20% Library 2,552,500.00 0,00 0,00% Gas Tax Revenue 959,200.00 0,00 0.00% Federal Assistance 230,000.00 0.00 0.00% JAG Grant 69.416.00 0,00 0.00% Slesf(Cops) Revenue 100.000,00 0,00 0.00% Indian Gaming 120,300,00 0.00 0.013 Lighting & Landscaping 947,800.00 38,52 0,00% RCTC 0.00 0,00 0.00% Development Funding 0,00 0.00 0.00% Crime Violent Task Force 63,300.00 0.00 0.00% AS 939 14,000.00 0.00 0.013 Quimby 15.600,00 0.00 0,00% Infrastructure 100.00 0.00 0.00% Proposition 1B 0,00 0,00 0.00% South Coast Air Quality 99,700.00 0,00 0.00% Transportation 388,400,00 23.160.00 6.00% Parks & Recreation 111,500.00 10,704.00 9.60% Civic Center 140,400.00 11,940.00 8.50% Library Development 44,400.00 4,260.00 9.60% Community Center 21,000.00 888.00 4.20% Street Facility 14,700.00 804,00 5.50% Park Facility 3,800.00 264.00 13M% Fire Protection Facility 26,500,00 1,680.00 6.30% Arts In Public Places 37,325,00 1,760.80 4.70% Interest Allocation 0.00 0.00 0.00% Capital Improvement 100,157,026.00 57,643.26 0.10% Equipment Replacement 53,800.00 596.78 1.10% Information Technology 340,744,00 331,044,00 97.20% Park Equipment & Facility 13,600.00 0.00 a00% SilverRock Goff 3,430,349.00 103,806,53 3.00% SilverRock Goff Reserve 70,707.00 0.00 0.00% LQ Public Safety Officer 2,200.00 2,000,00 90,90% La Quinta Financing Authority 6,603,611.00 0.00 0.00% RDA Project Area No. 1 69,289.392,00 3,109.47 0.00% RDA Project Area No. 2 31,327,499.00 54.872.97 0.20% Total $256,160,004. 00 $1,085,413.93 0.86 11 CITY OF LA QUINTA EXPENDITURES -ALL FUNDS FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT General Library 1720,350.00 115,000.00 0.00 1,605,35000 6.7% Gas Taz 1,669,19400 94,279,39 0.00 1,574,91461 5.6% Federal Assistance 380,055.00 0.00 000 380,055.00 0.0% JAG Grant 69,41600 0.00 0.00 69,416.00 0.0% Siesf(Cops) Revenue 100,000.00 0.00 0.00 100,000.00 00% Indian Gaming 120.300.00 000 0.00 120, 30000 0.0% Lighting & Landscaping 979,504.00 81,625.26 0.00 897, 878.74 83% RCTC 1, 970,763.00 0.00 0.00 1,970,763.00 0.0% Development Agreement coo 0.00 0.00 000 0.0% CV Violent Crime Task Force 205,000.00 29,796.00 0.00 175,204.00 14.5% AS 939 217,482.00 5,70676 0.00 211, 775.24 26% Quimby 9617,963.00 1.000.00 000 9,616,95300 0.0% IMrastrudure 397,576.00 0.00 000 397,576,00 0.0% Proposition lB 606,885.00 600.00 0.00 6%28500 0.1% South Coast Air Quality 372,582.00 0.00 0.00 372,582.00 00% Transportation 7,416,476. 00 2.750.00 0.00 7,413, 726.00 0.0% Parks & Recreation 15,000,00 0.00 0.00 15.000.00 0.0% Civic Center 202.764.00 16,897.00 0.00 185,%7C0 8.3% Library Development 19,50000 0.00 0.00 19,500.00 0.0% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 2,476.398.00 000 0.00 2,476,39800 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 9,250,00 0.00 0.00 9,250.00 0.0% Arts In Public Places 496,200.00 5,000.00 0.00 491,20000 1.0% Interest Allocation 0.00 000 0.00 0.00 00% Capital Improvement 100,157,026,00 57,643.26 0.00 100,099,382,74 0.1% Equipment Replacement 767.185.00 6,35502 0.00 760,529.98 08% Information Technology 522.922.00 70,536.89 0.00 452,385.11 13.5% Park Maintenance Facility 378,931.00 0.00 0.00 378,931.00 0.0% SllverRock Golf 4,188,77100 154,626.24 0.00 4,034,144.76 3.7% SilverRock Reserve 000 0.D0 0.00 0.00 00% LQ Public Safety Officer 2, 000.00 0.00 0.00 2,000.00 0.0% La Oumta Financing Authority 6,604,411.00 100.00 0.00 6604,311.00 0.0% RDA Project Area No. 1 104,552,187.00 628,297.11 0.00 103,923,889.89 0.6% RDA Project Area No. 2 43.355, 812,00 442,580.59 0.00 42913,231.41 10% oa 087 12 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: Sale of Maps 8 Publications Community Services Fees Finance Bldg & Safety Fees Community Development Fees Public Works Fees TOTALFEES Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines Federal Govt Grants County of Riverside Grant State of California Grant Fire Services Credit - Capital Fire Services Credit- Operations CVWO CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue AS939 Assmnt Dist Surplus Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 07/01/2009 - 07/31/2009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2.993,000.00 655.98 2.992.344.02 0.020% 3,413,000.00 1.085,60 3,411,914.40 0.030% 0.00 0.00 0.00 0.000% 5.617,500.00 0.00 5,617,500.00 0.000% 1,872,500,00 0.00 1.872,500.00 0,000% 573,760.00 0.00 573.760.00 0,000% 4,128,000.00 0.00 4.128,000.00 0,000% 328,300.00 0,00 328,300.00 0.000% 1,584, 500.00 0.00 1.584.500.00 0.000% 20,510, 560.00 1,741.58 20.508.818.42 0.010% 288,800.00 25,39700 263,403.00 8.790% 19,700.00 3,703.00 15.997.00 18,800% 101,500.00 26,651.74 74,848,26 26.260% 18,100.00 2,574.75 15,525.25 14.230% 13,600.00 2,082,50 11,517.50 15.310% 12,400.00 2,534.88 9.865.12 20440% 12,600.00 1,090,00 11,510,00 8.650% 45,300.00 6,123.83 39,176.17 13.520% 512,000.00 70,157.70 441,842.30 13.700% 3,700.00 134.65 3,565.35 3640% 328,900.00 139,954.77 188,945.23 42.550% 550.00 60.00 490.00 10.910% 84,100.00 17,500.85 66,599.15 20.810% 50,000.00 2,200.00 47.800.00 4.400% 327,400.00 8.888,00 318,512.00 2710% 794,650.00 168,738.27 625,911.73 21.230% 3,931,500,00 0.00 3.931,500.00 0,000% 107, 100.00 0.00 107.100.00 0,000% 48,500.00 1,894.67 46.605.33 3.910% 36,800.00 6,085.75 30.714.25 16.540% 5,400.00 0.00 5,400,00 0.000% 0.00 0.00 0.00 0,000% 11,154,00 0.00 11.154,00 0.000% 3,748,505.00 0.00 3.748.505.00 0.000% 5,068,200,00 0.00 5.068,200,00 0.000% 16,800.00 0.00 16,800,00 0.000% 238,500,00 0.00 238,500,00 omo% 13,212,459,00 7,980A2 13,204,478.58 0.060% 3.407,800,00 222,182.11 3,185617.89 6.520% 11,000.00 6,041.52 4,958.48 54,920% 94,900.00 0.00 94,900.00 0.000% 0.00 0.00 0,00 0.000% 0.00 0.00 0,00 0,000% 0.00 0.00 0.00 0.000% 50.00 0.00 50.00 0,000% 105,950.00 6,041.52 99,90848 5.700% 367,716,00 0.00 367,716.00 0.000% 38.911,135.00 476,841.60 38,434,293,40 1.230% •x„ n BE CITY OF LA OUINTA GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT GENERAL GOVERNMENT: CITYCLERK COMMUNITY SERVICES FINANCE: BUILDING & SAFETY: POLICE: COMMUNITY DEVELOPMENT: PUBLIC WORKS: TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 07101/2009 - 07/3112009 ADJUSTED REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET LEGISLATIVE 1,005,195,00 97,60776 0,00 907.687.24 CITY MANAGER'S OFFICE 489.424.00 27,70263 0.00 461,721.37 DEVELOPMENT SERVICES 1,804,574. 00 254,220.00 2,358.79 1,547,99521 MANAGEMENT SERVICES 1464,35900 52718369 000 936975.31 TOTAL GENERAL GOVERNMENT - 641 551 00 53,94671 0.00 58] 604.29 TOTAL CITY CLERK 641 55 PARKS& RECREATION ADMINISTRATION 1,271, 87600 60,093.53 0.00 1211,782.47 SENIOR CENTER 395,020.00 23,020.59 000 371,99941 PARKS & RECREATION PROGRAMS 198,832.00 13,433,86 0.00 185,398.14 LIBRARY 1432,93400 11698858 0.00 1315,945.42 MUSEUM 296,863.00 9,464,42 0.00 287,398.58 PARK MAINTENANCE 1011977.00 21055.93 0.00 990,921.07 TOTAL COMMUNITY SERVICES FISCAL SERVICES 986,826.00 71, 192.96 0.00 915.633.04 CENTRAL SERVICES 326,796.00 1 15224 0.00 260,20376 TOTAL FINANCE . BUILDING&SAFETY -ADMIN 342,245.00 25,132.44 0.00 317,11 BUILDING 865.963.00 60,574.12 0.00 805,3E CODE COMPLIANCE 958,895.00 68,164.89 000 890.7E ANIMAL CONTROL 371 295.00 22,605.93 0.00 348,6E FIRE 5,032,940.00 1,270.70 0.00 5,0316E EMERGENCY SERVICES 153,903.00 24,752.14 4,347,82 124,8E CIVIC CENTER BUILDING -OPERATIONS 116279400 30089.92 0.00 1,1327C POLICE SERVICES 12, 539,455. 00 55,914.38 0.00 12,483,540. 62 TOTAL PUBLIC SAFETY COMMUNITY DEVELOPMENT -ADMIN 1,498,821.00 46,29156 0.DO 1,452,52944 CURRENT PLANNING 174,61100 4691808 0.00 727681,92 TOTAL COMMUNITY DEVELOPMENT 4 , 1 PUBLIC WORKS ADMINISTRATION DEVELOPMENT & TRAFFIC MAINTIOPERATIONS - STREETS MAINTIOPERATIONS - LTGILANDSCAPING CONSTRUCTION MANAGEMENT TOTAL PUBLIC W01 00 fl 9,307.67 647,740.20 37,256.59 892.052.64 0.00 4,150,929. 47 4,902,583.00 2,975.67 0.00 4,899,607.33 (675576400) (43745041) 0,00 (6318313. 59) 42170345.00 1573484,99 66,864.62 40,529,995,39_. 089 14 CITY OF LA QUINTA 07101/2009 - 07131/2009 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2.549,700.00 0.00 2.549,700.00 0.000% Contributions 0.00 0.00 0.00 0.000% Interest 2800.00 0.00 2,800.00 0,000% TOTAL LIBRARY 2,552,500.00 0,00 2,552,500.00 0.000% GAS TAX REVENUE: Section 2105 201.600,00 0.00 201,600.00 0.000% Section 2106 123.600,00 0,00 123,600.00 0.000% Section 2107 271,600.00 0.00 271,600,00 0.000% Section 2107.5 0,00 0.00 0.00 0.000% Traffic Congestion Relief 357,000.00 0.00 357,000.00 0.000% Interest 5.400.00 0.00 5,400.00 0.000% TOTAL GAS TAX 959,200,00 0,00 959,200.00 0.000% FEDERAL ASSISTANCE REVENUE: CDBG Grant 200,000.00 000 200,000.00 0,000% Federal Stimulus 30,000.00 0,00 30.000.00 0,000% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 230,000.00 0,00 230.000.00 0.000% JAG GRANT Grant Revenue 69,416.00 0.00 69.416.00 0,000% Interest 0.00 0.00 0.00 0,000% TOTAL JAG GRANT 69,416.00 0.00 69.416.00 0.000% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100,000.00 0,000% Interest 0.00 0.00 0.00 0.000% TOTAL SLIEST (COPS) 100,000,00 0.00 100,000.00 0.000% INDIAN GAMING Grant revenue 120,000.00 0.00 120,000.00 0.000% Interest 300,00 0.00 300.00 0.000% TOTAL INDIAN GAMING 120,300.00 0.00 120,300,00 0.000% LIGHTING & LANDSCAPING REVENUE: Assessment 947.800.00 38.52 947,761.48 0.000% Developer 0.00 0.00 0,00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPING 947.800.00 3&52 947,761.48 0,000% RCTC RCTC Funding 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0,00 0.000% Interest 0.00 0.00 0.00 0,000% Transfer in 0.00 0,00 0,00 0.000% TOTAL DEV AGREEMENT 0,00 0.00 0,00 0.000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 32,700.00 0.00 32,700.00 0.000% Grant revenue -JAIB 25,600.00 0.00 25,600.00 0.000% CLET Line 3,100.00 0.00 3,100.00 0.000% Asset Forfeiture -State Adjudicated 0.00 0.00 0.00 0.000% Interest 1,900.00 0,00 1,900.00 0.000% TOTAL CRIME VIOLENT TASK FORCE 63,30000 0,00 63,300.00 0.000% AS 939 REVENUE: AS 939 Fees 0.00 0.00 0,00 0.000% Interest 14,000.00 0.00 14,00D00 0.000% TOTAL AB 939 QUIMBY REVENUE: Quimby Fees 0.00 0.00 0.00 0.000% Donations 0.00 0.00 0.00 0.000% Interest 15,600.00, 0.00 15,600.00 0.000% TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund 0.00 0,00 0.00 0.000% Interest 100.00 0.00 100,00 0.000% Transfer in 0,00 0.00 0,00 0.000% TOTAL INFRASTRUCTURE 100,00 0.00 100.00 0.000% PROPOSITION 1B Prop 1B Grant 0.00 0.00 0,00 0.000% Interest 0.00 0,00 0.00 0.000% TOTAL PROPOSITION 1 B ngq 5 07/0112009 - 07/3112009 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 0.00 48,900,00 0.000% MSRC Funding 48,000.00 0.00 48.000.00 0.000% Street Sweeping Grant 0.00 0.00 0.00 0.000 % Interest 2,800.00 0.00 2,800.00 0.000% TOTALSCAQ 99,700,00 0,00 99,700,00 0.000% TRANSPORTATION Developer fees 382,400.00 23,160.00 359.240.00 6.060% Interest 6,000.00 0.00 6.000.00 0,000% Transfer in 0.00 0.00 0.00 0,000% TOTAL TRANSPORTATION 388.400.00 23.160.00 365,240.00 5.960% PARKS & RECREATION Developer fees 111,500,00 10,704,00 100,796.00 9.600% Interest 0,00 0,00 0.00 0.000% Transfer in 0,00 0,00 0.00 0.000% TOTAL PARKS B RECREATION 111.500,00 10,704,00 100,796.00 9.600% CIVIC CENTER Developerfees 140,400,00 11,940.00 128,460.00 8.500% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0,00 0.00 0.000% TOTAL CIVIC CENTER 140,400.00 11,940.00 128,460.00 8500% LIBRARY DEVELOPMENT Developer fees 44,400.00 4,260.00 40,140,00 9.590% Interest 0.00 0.00 0,00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 44,400.00 4,260.00 40,140.00 9.590% COMMUNITY CENTER Developer fees 9,300,00 888.00 8.412.00 9,550% Interest 11,700.00 0.00 11.700.00 0.000% TOTAL COMMUNITY CENTER 21,000.00 888.00 20.112.00 4.230% STREET FACILITY Developer fees 14,700.00 804.00 13,896.00 5.470% Interest 0.00 0,00 0.00 0.000% Transfer In 0,00 0.00 0.00 0.000% TOTAL STREET FACILITY 14.700.00 804.00 13,896.00 5,470% PARK FACILITY Developer fees 2.800,00 264.00 2,536.00 9.430% Interest 1.000,00 0.00 1,000.00 0,000% TOTAL PARK FACILITY 3,800.00 264.00 3,536.00 6.950 % FIRE PROTECTION FACILITY Developer fees 26.500.00 1,680,00 24,820,00 6,340% Interest 0.00 0.00 0.00 0.000% TOTAL FIRE PROTECTION FACILITY 26,500.00 1,680.00 24,820.00 6,340% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 33.525.00 1,760.80 31,764.20 5.250% Arts in Public Places Credits Applied 9A0 0.00 0.00 0.000% Insurance Recoveries 0.00 0,00 0.00 0.000% Donations 0.00 0,00 0.00 0.000% Interest 3,800,00 0.00 3900.00 0.000% TOTAL ARTS IN PUBLIC PLACES 37.326 00 1,760.80 35,564.20 4.720% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 0.00 0,00 0.000% Transferin 0,00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 0.00 0.00 0.000% CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD [ID RCTC Vista Dunes Housing LLP SB821-Bicycle Path Grant Stale of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 07/01/2009-0713112009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 114,123,00 0,00 114,123,00 0.000% 50,651,00 0.00 50,851,00 0.000% 0.00 0.00 0.00 0.000% 9,523,273,00 0.00 9,523,273,00 0.000% 0.00 0.00 0,00 0.000% 0,00 0,00 0.00 0.000% 0,00 0.00 0.00 0,000% 0.00 0.00 0.00 0.000% 0.00 0.00 0,00 0.000% 0.00 0,00 0.00 0.000% 0.00 0.00 0.00 0,000% 0.00 0.00 0,00 0,000% 420,802.00 0,00 420,802,00 0.000% 0.00 0.00 0.00 0,000% 90,047,977.00 57,64326 89.990.333.74 0.060% 100,157,026.00 57,643.26 100,099,382.74 0.060% EQUIPMENT REPLACEMENT FUND: Equipment Charges 0.00 0.00 0.00 0.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0,00 0.00 0.000% Insurance Recoveries 0.00 596.78 (596.78) 0.000% Interest 23.800.00 0,00 23,800.00 0.000% Transfers In 30,000,00 0,00 30,000.00 0.000% TOTAL EQUIPMENT REPLACEMENT 53,800.00 596,78 53,203.22 1.110% INFORMATION TECHNOLOGY FUND: Charges for services 331,044,00 331.044,00 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 9,700.00 0.00 9,700.00 0.000% Transfers In 0,00 0,00 0,00 0.000% TOTAL INFORMATION TECHNOLOGY 340,744.00 331,044.00 9,700.00 97,150% PARK EQUIPMENT & FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Resident Card Bob Hope Chrysler Classic Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LO PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 0.00 0.00 0.00 0.000% 13.600.00 0,00 13,600.00 0.000% 0,00 0.00 0.00 0,000% 13,600,00 0.00 13,600,00 0.000% 2,980,503.00 89,555.85 2,890,947.15 3.000% 109,296.00 2,521.00 106,775.00 2,310% 15,000,00 1,665.00 13, 335.00 11.100% 0,00 0.00 0,00 0.000% 325,550.00 10,064.68 315,465.32 3,090% 0.00 0.00 0.00 0.000 % 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0,000% 3,430,349.00 103,806.53 3,326,542.47 3,030% 2,400,00 0.00 2,400.00 0,000% 68,307.00 0.00 68.307,00 0.000% 70,70700 0.00 70,707.00 0.000% 2,000.00 2,000.00 0,00 100.000% 200.00 0,00 200.00 0,000% 2,200.00 2,000.00 200,00 90.910% r~Y.0 092 17 CITY OF LA QUINTA 07101/2009 - 07/3112009 OTHER CITY FUNDS ADJUSTED REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTERESTADVANCE 0.00 0.00 0.00 O.W CAPITAL PURCHASES 0.00 0,00 0.00 OCO REIMBURSE GENERAL FUND 1,720,353.00 115,000.00 0.00 1605,3W.00 TRANSFER OUT 0,00 0.00 0,00 TOTAL LIBRARY FUND GAS TAX CONTRACT SERVICES 0.00 0.00 0.00 OCO REIMBURSE GENERAL FUND 1, 131354.00 94,279.39 0.00 1,037,074.61 TRANSFER OUT 537,840.00 0.00 0.00 53784000 TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: TRANSFER OUT 380.055.00 0.00 38005600 TOTAL FEDERAL ASSISTANCE FUND _Da JAG GRANT TRANSFEROUT TOTAL JAG GRANT 69,416.00 U.OU UW 69,416.W SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 1 W 000 W 0.00 O.W 1 W,000.UV INDIAN GAMING FUND TRANSFER OUT 120,300.00 0.00 000 12030000 TOTAL INDIAN GAMING FUND LIGHTING 8 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 979,504.00 81,625.26 000 897,8]674 TRANSFER OUT 000 0,00 0,00 O.W TOTAL LTG/LANDSCAPING FUND RCTC TRANSFER OUT 19]0763.W OW O.W 1,970763.W TOTAL RCTC coo DEVELOPMENT AGREEMENT FUND CONSTRUCTION 000 0W 0.00 0.00 REIMBURSE GENERAL FUND 000 000 000 0.00 TRANSFER OUT O.W 0.00 000 0.00 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 205,00000 29,796.00 000 175,204.00 TRANSFER OUT 0.00 0.00 0.00 000 TOTAL CRIME VIOLENT TASK FORCE AB 939 OPERATING EXPENSES 149,00000 0.00 0.DO 149,0W.00 REIMBURSE GENERAL FUND 68,482.00 5,706,76 000 62,775.24 TRANSFER OUT 0.00 0,00 0.00 0.00 TOTAL AS 939 QUIMBY FUND: FEASIBILITY STUDY 0.00 000 0.00 0,00 REIMBURSE DEVELOPER FEES 0.00 000 000 0,00 TRANSFER OUT 9bl 1,9S3.W 1.000 OU 0.0) 9.616,%3.00 TOTAL QUIMBY _ INFRASTRUCTURE FUND CONSTRUCTION 000 0.00 0,00 000 REIMBURSE GENERAL FUND 000 0 W O.W 0.00 TRANSFER OUT 397, 576.W OW 0,00 39I576.00 TOTAL INFRASTRUCTURE PROPOSITION 1B-SB 1266 TRANSFER OUI TOTAL PROPO5ITION I B FUND SOS, 886W 600 GO 0.00 606,285.00 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 000 O.W 26.60000 TRANSFER OUT 345, 982W 000 O.W 345,982W TOTAL SOUTH COAST AIR QUALITY TRANSPORTATION PROGRAM COSTS 0130 OW 0,00 0.00 CONTRIBUTION 0,00 0,00 0,00 0.00 TRANSFER OUT 7.416,47600 2750W 0,00 7473726W TOTAL TRANSPORTATION PARKS S RECREATION INTEREST ON ADVANCE 15,000.00 0,00 0,00 15.000.00 TRANSFER OUT 0.00 0 W 0.W 0,00 TOTAL PARKS & RECREATION CIVIC CENTER SERVICES 000 000 0.00 000 INTEREST ON ADVANCE 0.00 0.00 000 O.00 REIMBURSE GENERAL FUND 202.764.00 16,897,00 0 W 185.867,00 TRANSFER OUT 0.00 000 0 W 0.00 TOTAL CIVIC CENTER _ LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0 DO 0.00 INTEREST ON ADVANCE 19,500.00 0.00 000 19,500.00 TRANSFER OUT 0.00 0.00 0.W 0,00 TOTAL LIBRARY DEVELOPMENT CITY OF LA QUINTA OTHERCITY FUNDS ADJUSTED 0710112009-0713112009 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER 0.00 0.00 0,00 0.00 PROGRAM COSTS TRANSFER OUT 0.00 000 TOTAL COMMUNITY CENTER 000 0.00 STREET FACILITY PROGRAM COSTS 000 000 0.00000 TRANSFER OUT 2476,398,00 0.00 0.00 2476, 398,00 TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 0.00 000 0.00000 TRANSFER OUT 0.00 0.00 000 0.00 TOTAL PARK FACILITY Uou_ FIRE PROTECTION INTEREST ON ADVANCE 9,250.00 000 000 9,250.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 2,000.00 0.00 2800000 OPERATING EXPENSES-APP 6,200.00 0.00 000 6.200.DO ART PURCHASES 260,00000 3,000.00 0,00 257,000.00 TRANSFER OUT 200,000.00 0.00 000 200,000.00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 98.991,02000 5?643.26 0,00 98,933,376,74 PROJECT REIMBURSEMENTS TO GEN FUND 1.166, 006.00 0,00 0.00 1.166,006,00 TRANSFER OUT 0,00 0DO 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 100 157 U 0 DO 100099.382 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 707,185.00 6,355.02 0.00 700829.98 CAPITAL PURCHASES 60,00000 0.00 0.00 60,000,00 TRANSFER OUT 0.00 0.00 0.00 0,00 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 505,772.00 70,536.89 0.00 435,235.11 CAPITAL PURCHASES 17,150.00 0.00 0.00 17,150.00 TOTAL INFORMATION TECHNOLOGY 451,3tl5.i1 PARK MAINTENANCE FACILITY OPERATING EXPENSES 25,500.00 0.00 0.00 25,500.00 CAPITAL PURCHASES 0,00 0.00 0.00 0.00 TRANSFER OUT 353,431.00 0.00 0.00 353431.00 TOTAL PARK MAINTENANCE FAC _ SILVERROCK GOLF OPERATING EXPENSES 4,120,464.00 154,626,24 0.00 3,965,837.76 TRANSFER OUT 68307.00 0,00 0.00 66,307.00 TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE 0.00 0.00 TRANSFER OUT 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE LA OUINTA PUBLIC SAFETY CONTRIBUTIUNS TOTAL LA QUINTA PUBLIC SAFETY 2 000 DU 0.00 0.00 2.M W �. 094 19 `� �y, 4 XPQulnfw COUNCILIRDA MEETING DATE: September 15, 2009 ITEM TITLE: Adoption of a Resolution Accepting a Donation from the Agua Caliente Cultural Museum RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a donation from the Agua Caliente Cultural Museum. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Agua Caliente Cultural Museum would like to donate a large diorama of a Cahuilla Indian village to the La Quinta Museum. The diorama is.80 inches tall by 54 inches wide and 35 inches deep in an oak cabinet (Attachment 1). The diorama will be on permanent display in the downstairs gallery alongside the museum's Cahuilla artifacts. Once the donation is accepted, the Agua Caliente Cultural Museum will retain no rights to the diorama pursuant to a transfer agreement from the Aqua Caliente Cultural Museum. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a donation from the Agua Caliente Cultural Museum; or �.. 095 2. Do not adopt a Resolution of the City Council accepting a donation from the Ague Caliente Cultural Museum; or 3. Provide staff with alternative direction Respectfully submitted, Edie Hylton Community Services Director Approved for submission y: Thomas P. Genovese, City Manager Attachment: 1. Photo of Diorama 2 fl" 096 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM THE AGUA CALIENTE CULTURAL MUSEUM WHEREAS, on August 18, 2009, the Agua Caliente Cultural Museum generously offered a donation of a Cahuilla Village diorama to be given to the La Quinta Museum as a contribution for the patrons who utilize the facility; and WHEREAS, the gift was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation of the Cahuilla Village diorama for the downstairs gallery area from Agua Caliente Cultural Museum as a contribution to the patrons who utilize the facility. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of September 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Resolution No. 2009- Ague Caliente Donation Adopted: September 15, 2009 Page 2 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 098 ATTACHMENT La (el 2. o�o 4 maw w COUNCIL/RDA MEETING DATE: September 15, 2009 ITEM TITLE: Approval of a Professional Services Agreement with David Evans and Associates, Inc., to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Jefferson Street Parkway Landscape Improvements, Project Number 2009-16B RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 5 STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA), in the amount of $17,495, with David Evans and Associates, Inc. to prepare the plans, specifications and engineer's estimate (PS&E) for the Jefferson Street Parkway Landscape Improvements, Project Number 2009-16B and authorize the City Manager to sign the same. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: RDA Project Area Number 2 Funds Total Funding Available: The following is the project budget: Design: Inspection/Testing/Survey: Construction: Contingency: Total: $ 2,161,048 $ 2,161,048 $160,375 $156,365 $1,603,750 $240,558 $ 2,161,048 As illustrated, adequate funding is available to support staff's recommendation. ',- r, 100 CHARTER CITY IMPLICATIONS: The project is 100% funded with RDA Project Area funding. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvements include the installation of parkway landscape and irrigation, perimeter walls and/or fencing, and precise grading within the east and west parkways on Jefferson Street between Westward Ho Drive and Vista Grande. The project will be constructed in two phases. The phase I improvements include the perimeter walls and/or fencing, precise grading, and meandering sidewalk. Phase II includes the installation of landscape and irrigation. Bids for the Phase I improvements are currently under review. The professional landscape architectural services for the installation of landscape and irrigation within the parkways are the subject of this staff report. 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 Jefferson Street Parkway Landscape Improvements are included within the adopted CIP and scheduled for funding during Fiscal Year 2009-2010. On July 7, 2009, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the Jefferson Street Parkway Landscape Improvements, Project Number 2009-16B, and appointed a consultant selection committee. On August 17, 2009, the City received seventeen proposals for design of the Jefferson Street Parkway Landscape Improvements. Following its review, the consultant selection committee unanimously recommends David Evans and Associates, Inc. be awarded a PSA to prepare the PS&E for the Jefferson Street Parkway Landscape Improvements, Project Number 2009-16B. Contingent upon City Council approval of the PSA (Attachment 1) on September 15, 2009, the following is the project schedule: Z City Council Approves PSA September 15, 2009 Project Design (4 months) October 2009 — January 2010 Advertise the Project for Construction February 2010 Construction April — July 2010 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a PSA, in the amount of $17,495, with David Evans and Associates, Inc. to prepare the PS&E for the Jefferson Street Parkway Landscape Improvements, Project Number 2009-16B and authorize the City Manager to sign the same; or 2. Do not approve a PSA, in the amount of $17,495, with David Evans and Associates, Inc. to prepare the PS&E for the Jefferson Street Parkway Landscape Improvements, Project Number 2009-168; or 3. Provide staff with alternative direction. Respectfully submitted, n Timothy R. J nas o , P.E. Public Works Dire r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement (PSA) 102 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and David Evans and Associates, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Jefferson Street Parkway Landscape Improvements, Project No. 2009-16B, 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). 103 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Seventeen Thousand Four Hundred Ninety Five Dollars ($17,495) (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 1�4 and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 105 3.4 Term. The term of this agreement shall commence on September 16, 2009 and terminate on February 28, 2010 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Kim S. Rhodes, L.A. 3867, Vice President/Project Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E., Public Works Director/City Engineer, or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 106 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 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) 107 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 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. �... 108 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from ,... n 1i:i� 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. 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. 110 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1 . Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. ill 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 "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 ...:1 112 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. 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. •••. 113 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 this Agreement as the Contract Officer shall require. 114 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 115 county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of. Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 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. 116 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 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. 117 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: DAVID EVANS AND ASSOCIATES, INC. Attention: Kim S. Rhodes, L.A. 3867 Vice President/Project Manager 4200 Concours, Suite 200 Ontario, CA 91764 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. 119 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CIVIC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: DAVID EVANS AND ASSOCIATES, INC. M Name: Kim S. Rhodes, L.A. 3867 Title: Vice President/Project Manager Date: 120 Exhibit A Scope of Services The Consultant's Scope of Work, dated September 15, 2009, is attached and made a part herewith. 121 EXHIBIT "A" SCOPE OF WORK September 15, 2009 Jefferson Street Parkwav Landscane Improvements Task 1— Pre -Design Meeting The DEA project team will attend a start up meeting with City staff to discuss the status of Dudek's plans and DEA's preliminary drawings. This meeting will provide a thorough review of the scope of services, deliverables, and progress reviews. DEA will also review the proposed plant palette, points of connection and infrastructure. Because DEA was responsible for the design and implementation of additional areas of Jefferson Street, we feel confident that we understand the goals and objectives necessary for the success of the project. Deliverables: One start up meeting. Task 2 — Project Area Base Maps DEA will prepare project area base maps for the Jefferson Street median improvement project. These plans will be developed from digital street improvement plans available from others. The team will also perform a physical assessment of the project area to determine the placement of elements which impact the overall design. Plans will be prepared at a scale of I"= 20'. Deliverables: Project area base maps @ 1 "=20'. Task 3 — Data Collection /Agency Coordination DEA will obtain pertinent infrastructure data such as water and power points of connection and water pressure data. Coordination with CV WD is included herewith in order to obtain project approval. Deliverables: Project coordination and data collection as noted. Task 4 — Preliminary Plan Revisions / Review (N.L.C.) Based on the work performed by DEA to date, we do not anticipate the need for this task and therefore it has been omitted. Task 5 — 1st Review / "Concept Review" (N.I.C.) This task has also been omitted based on the status of conceptual drawings prepared to date. Task 6 — Planting Plan Plans will include a plant legend indicating trees, palms, shrubs, and ground covers, in addition to information regarding fines and decorative rock. The legend will indicate the botanical and common names, quantity, size, and remarks (such as variety and staking procedure). The plans will provide an integrated palette of material in accordance with the City landscape guidelines for image corridors. Deliverables: I "=20'scale planting plans for both west and east side parkways. Task 7—Irrigation Plan The final irrigation plans will provide the necessary information for a complete and fully automatic irrigation system for the project areas. The plans will indicate the point(s) of connection based upon CV WD requirements, backflow prevention and pressure regulation (as necessary), and equipment size and type in the irrigation legend. Deliverables: I "=20'scale irrigation plans for both west and east side parkways 122 Exhibit "A" Scope of Work — Jefferson St. Parkway Landscape Improvements September 15, 2009 Task 8— Project Specifications/Bid Documents DEA will prepare project specifications and bid documents that will include the project description, bid schedule, bid item descriptions, payment method, special provisions, and technical specifications. Deliverables: Eight hard copy sets of specifications (2 each at 4 review sessions) and one final digital file in Microsoft Word for Windows format. Task 9 — Construction Details DEA will prepare construction details for planting, irrigation and the placement of fines, and decorative rock and boulders. Deliverables: Construction details as noted above Task 10 — 2nd Review / 85% - 90% Check Plans and Specifications This task includes the submittal and revisions to plans based upon a 90% completion. Plans and specifications will be complete; however some minor detailing may still be required. Deliverables: Submittal and revisions to plans based upon City plan check comments. Task 11—Construction Cost Estimate and Bid Schedule The project team will prepare a final construction cost estimate and bid schedule in a per unit basis (or lump sum) of proposed improvements once the construction documents have been completed and approved. This format will directly match the contractor bid schedule for ease of comparison. The estimate will be in tabular form for each construction item showing quantity, unit, unit price and total cost. Deliverables: One construction cost estimate in Excel for Windows format at each project review. Task 12 — 3rd Review/ 100% Check Plans, Specifications, and Engineers Estimate This task includes the submittal of 100% complete plans, specifications (including bid schedule) and engineer's opinion of the probable cost of construction. Deliverables: Submittal and revisions to plans based upon City plan check comments. Task 13 — 4th Review /Preliminary Final (Screen Check) Although DEA does not anticipate any further corrections during this phase of the work, this task can address outstanding issues / comments required from the City or governing agency. This task includes the submittal and routing of final mylar plans for signature by CVWD and the City. Deliverables: Submittal and revisions to plans based upon City plan check comments (if required) and the submittal and routing offinal nrylar plans, and specifications. Task 14 —Assistance During Bidding The DEA team will assist the City during the bid process which will include responding to questions from prospective bidders and coordination with the City staff related to the project bid advertisement. This task will also include the attendance at the pre -bid meeting to present information regarding the construction documents. Deliverables: Attendance at a pre -bid meeting and bid assistance as noted above 123 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 Seventeen Thousand Four Hundred Ninety Five Dollars ($17,495) except as specified in Section 1.6 - Additional Services of the Agreement. 124 EXHIBIT "B" FEE SCHEDULE September 15, 2009 l_?5 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. EXHIBIT "C' PROJECT SCHEDULE September 15, 2009 127 EXHIBIT "C" PROJECT SCHEDULE September 15, 2009 Task B Description Sep. 2009 Oct. 7G09 Nov. 2009 Dec.2009 Jan. 2010 W23 910 IV 10114 10121 10128 1114 1111 11118 1125 1212 12fi 12116 12123 12:30 16V❑29'16 Pa72xC:p IJ'v:ry: P:nve; Plea Pase Yuan I S naa C011ec.,aJ n.:nn—; Cno'nin. .ci, I Pie i:::ni+ly "Ni Revs . nF, tsl3e.ia4 rcnceG Rev. r,v" Plvnlno Plan I I I ...... nn Pll S COnfiV;: Ci'.On DPtp 1, I ,M1rcr111r. oa 1300n_ •,i -. I tl Cons'i r.c>on Cosl Emma', a u9 P,d Sch,,'e l 2 3 e:x ICO' c 2ni 1al i 4t P,,v eol P" irllap' F aal(Screen rhs,) 1 1.1 45grI,,c, DunoG 3i0dna f M.. • 2 Exhibit D Special Requirements None. I. OF COUNCIL/RDA MEETING DATE: September 15, 2009 AGENDA CATEGORY: ITEM TITLE: Approval to Award a Contract t0 BUSINESS SESSION: Contreras Construction Company to Construct the CONSENT CALENDAR: Miscellaneous Street Improvements, Project 2008-17 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Award a contract to Contreras Construction Company, in the amount of $64,873, to Construct the Miscellaneous Street Improvements, Project Number 2008-17, and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: The following is the project's available funding and funding source: RDA Project Area Number 1 $108,564 Total Available Funding: $108,564 Based on the low bid received from the Contreras Construction Company in the amount of $64,873, the following is the estimated project budget to complete the project: Construction: $64,873 Inspection/Testing/Survey: $8,800 Contingency: $34,891 Total: $108,564 As illustrated, adequate funding is available to construct the proposed improvements. 130 CHARTER CITY IMPLICATIONS: The project is funded with RDA Project Area Number 1 funds. As such, the project was bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The Miscellaneous Street Improvements, Project Number 2008-17, consists of three minor improvements. The first improvement is the final component of the Phase 1 (Part 1) golf cart routes. The second improvement will modify the median island on Calle Tampico from Washington Street to the entrance of the City's north parking lot to allow for additional left turn stacking capacity onto Washington Street. The final improvement will modify the median on Washington Street immediately adjacent to the City's south parking lot in order to allow driver's to make a safe u-turn. On July 7, 2009, Council adopted a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of funds toward the median island improvements on Calle Tampico and on Washington Street. On July 28, 2009, ten (10) sealed bids were received for the construction of this project. A detailed bid comparison summary is provided for the City Council's review (Attachment 1). The basis of award is the lowest combined bid of Base Bid Areas 1 thru 3. Staff therefore recommends the project be awarded to the lowest bidder, Contreras Construction Company, in the amount of $64,873. Contingent upon City Council authorization to award a construction contract on September 15, 2009, the following is the project schedule: City Council Awards Construction September 15, 2009 Sign Contracts and Mobilize September 16, 2009 — September 25, 2009 Construction (45 Working Days) September 28, 2009 — December 2, 2009 Project Close-out December 2009 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include 1. Award a contract to Contreras Construction Company in the amount of $64,873, to construct the Miscellaneous Street Improvements, Project Number 2008-17 and authorize the City Manager to sign the same; or ....2, 131 2. Do not award a contract to Contreras Construction Company in the amount of $64,873, to Construct the Miscellaneous Street Improvements, Project Number 2008-17: or 3. Provide staff with alternative direction. Respectfully submitted, JTiothy R. Jo asso E. Public Works irecto City Engineer Approved for submission by: homas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary 132 ATTACHMENT 1 ISO- \ 9 \\ M :;4:8z,8: zz:zzzz: _ ~ __ :3 �M99 2�(�/ IT ; : � \ _- \ ! [ `\)_Q2 ^ _ . /uuu ) a !!2 lg,Q,,b Al:d y! 133 8�8r e8S o� �8oS8a c s x' � 88� ogoogggS a grvgo - ogE 1- - o _mgo sg� oM NI. - x6 u o8 888�8 S88 L 6 _ F 8�8n RSgSgSm S8 �__S8o ,�, _ C L1 V 8�8 - d �e6 V v r8888 80 � �8 w8�88 �8g88 7 f Z_ OV - xa ti W 888e � 134 COUNCIL/RDA MEETING DATE: September 15, 2009 ITEM TITLE: Acceptance of a Grant of Easement and Agreement for Roadway Purposes Along Avenida Bermudas North of Calle Tampico by Casitas Las Rosas Homeowners Association, Inc., a California Non -Profit Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept a Grant of Easement and agreement for roadway purposes along Avenida Bermudas north of Calle Tampico by Casitas Las Rosas Homeowners Association, Inc., a California non-profit corporation and authorize the City Manager to sign the certificate of acceptance for the same. CAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 29909, Santa Rosa Plaza, LLC, a California limited liability company, was recorded February 15, 2002 (Attachment 1). On this map, a portion of Avenida Bermudas (Lot A) was inadvertently designated as a private street. However, Condition 8.A. (2) & (3) of the conditions of approval for Tentative Parcel Map No. 29909 required this street to be public street right-of-way dedication. Casitas Las Rosas desires at this time to dedicate this easement (Attachment 2) for right-of-way, public street, utility purposes and ancillary uses to the City, in order to alleviate liability, maintenance, and the tax obligation for Avenida Bermudas from Casitas Las Rosas Homeowners Association. Staff concurs with this request and therefore recommends acceptance of this right-of-way dedication. .. 135 therefore recommends acceptance of this right-of-way dedication. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept a Grant of Easement and agreement for roadway purposes along Avenida Bermudas north of Calle Tampico by Casitas Las Rosa Homeowners Association, Inc., a California non-profit corporation and authorize the City Manager to sign the certificate of acceptance for the same; or 2. Do not accept a Grant of Easement and agreement for roadway purposes along Avenida Bermudas north of Calle Tampico by Casitas Las Rosa Homeowners Association, Inc., a California non-profit corporation; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy F3�Jo as n! P.E. blic Wo Dire I�r/City Engineer Attachments: 1 . Vicinity Map 2. Grant of Easement Approved for submission by: Thomas P. Genovese, City Manager - 136 ATTACHMENT 1 NOT TO SCALE PROJECT SITE 131 �J ATTACHMENT 2 Ll U LJ Into RECORDING REQUESTED BY AND RETURN TO: City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92247-1504 Attn: City Clerk APN: 770-421-074 (Space Above For Recorder's Use) Exempt recording fee pursuant to Govt. Code § 6103. GRANT OF EASEMENT AND AGREEMENT RW-D 2008-071 THIS GRANT OF EASEMENT AND AGREEMENT (hereinafter referred to as the "Agreement") is made this day of 2009, by Casitas Las Rosas Homeowners Association, Inc., a California non-profit corporation (hereinafter referred to as the "Grantor"). RECITALS A. WHEREAS, Grantor is the legal owner of a fee interest in certain real property located in the County of Riverside, State of California, commonly known as Parcel 4 of Parcel Map 29909, La Quinta, California, which property is more particularly described in the attached Exhibit C (incorporated by reference herein) (hereinafter referred to as the "Property"); and B. WHEREAS, Grantor desires to grant to the City of La Quinta, a California municipal corporation and charter city (the "City"), an exclusive, perpetual and irrevocable easement in, on, under and across a portion of the Property described in Exhibit A and depicted in Exhibit B (both of which are incorporated herein by this reference) for right-of-way, public street, utility purposes and ancillary uses; and AGREEMENT ( NOW, THEREFORE, Grantor and City agree as follows: I. GRANT; DESCRIPTION OF EASEMENT AREA. Grantor grants the City an easement for the purposes listed below on that portion of the Property described on Exhibit A (� and depicted in Exhibit B (the `Basement Area"). l 2: PURPOSE. The easement is for an exclusive, perpetual and irrevocable easement in, on, under and across the Easement Area for right-of-way, public street, utility purposes and ancillary uses. 2156/0156IM002 - 824642.01 a06,03,09 138 3. DECLARATION OF RESTRICTIONS. Grantor shall retain all normal rights and incidents of ownership of the underlying fee interest in the Property not inconsistent with this Agreement. Grantor shall not be bound to undertake any supervision or maintenance of the Easement Area to provide for the public purposes hereunder except for the maintenance of perimeter landscaping, irrigation and pertinent equipment and facilities abutting said property. Grantor must relocate any utilities or other encumbrances located within the Easement Area at Grantor's sole cost and expense if requested by City for use of the Easement Area. Grantor shall be responsible for any hazardous materials or contaminants located in the Easement Area prior to the date of this Agreement. 4. DURATION• SUCCESSORS AND ASSIGNS; RUNS WITH THE LAND. This Agreement 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. This Agreement and terms, conditions and restrictions shall run with the land and be binding on the heirs, assigns and successors of the Grantor in the manner provided for herein. 5. 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. 6. COUNTERPARTS. This Agreement may be executed in one or more counterparts, which, taken together, shall constitute one complete and enforceable agreement. [Signatures Contained On Following Page] 2156/015610-0002 _2_ 139 824642.01 a06103/09 _ _ Executed this day of , 200_, at La Quinta, California. "Grantor" "City" Casitas Las Rosas Homeowners Association, CITY OF LA QUINTA, a California municipal Inc. a California non-profit corporation corporation and charter city Ely its: "� r �yf/� G� r} By; Thomas P. Genovese ✓ / City Manager Attest: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, UP M. Katherine Jenson City Attorney STATE OF CALIFORNIA 1. CITY OF LA QUINTA ) COUNTY OF RIVERSIDE 1 On August 11, 2009, before me, Susan Maysels, Notary Public, personally appeared ROY MACBETH PITKIN, who proved to me on the basis of satisfactory evidence to be the personla')' whose name are subscribed to the within instrument, and acknowledged to me thatQisshe/the executed the same in Es her/their authorized capacitydi , and that by his her/their signatureW on the instrument the person(s), or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature 01 �►"��'Q (seal) Ce0= I /NN79 "', i STATE OF CALIFORNIA 1 CITY OF LA QUINTA 1 COUNTY OF RIVERSIDE 1 On August 11, 2009, before me, Susan Maysels, Notary Public, personally appeared MICHAEL JAMES SANTIN, who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.. WITNESS my hand and official seal. Signature .1i Ir/.O (seal) ------------------- SUSAM MAYSELS COMMIS n 118NIZI Nowy Pak • caftw. Rwasw co" Comm. Ex iron Aor 13.2013 .. 14� EXHIBIT A (Legal Description of Easement Area Attached) 2156MI5610-0002 824642.01 a06103109 - 7T7iiiss4 �• 143 EXHIBIT "A" RIGHT OF WAY DEDICATION RW-D 08-071 c" s AVENIDA BERMUDAS A PORTION OF PARCEL 4 OF PARCEL MAP NO. 29909 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON MAP ON FILE IN PARCEL MAP BOOK 200, PAGES 84 AND 85, RECORDS OF SAID RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT A OF SAID PM 29909, THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 4 AND THE CENTERLINE OF AVENIDA BERMUDAS NORTH 00002110" EAST A DISTANCE OF 166.05 FEET TO THE NORTHEASTERLY CORNER OF PARCEL A OF PARCEL MAP 29886 AS SHOWN ON MAP ON FILE IN PARCEL MAP BOOK 199, PAGES 29 AND 30, RECORDS OF SAID RIVERSIDE COUNTY; THENCE SOUTH 89057'50" EAST A DISTANCE OF 32.00 FEET; THENCE ALONG A LINE PARALLEL WITH AND 32.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID PARCEL 4 SOUTH 00002' 10" WEST A DISTANCE OF `166.03 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT A; THENCE ALONG THE NORTHERLY LINE OF SAID LOT A NORTH 89059'47" WEST A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING. SAID DEDICATION CONTAINING 5,313 SQUARE FEET, OR 0.12 ACRES, MORE OR LESS SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS.AND RIGO LAND S WAY OF RECORD. KE(Z�� THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHE EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. No. 6687 Ev.05/30/10 q OF Cw �E PREPARED BY: DAAASURVEY17003.070WwgXRW-D May 20, 2909 0"71-AVENIDA BERMUDAS.doc Page 1 of L •HE LS 6687. _ EXP 6-30.06 EXHIBIT B (Depiction of Easement Area Attached) 215"13610-0002 824642.01 a06/03/09 145 EXHIBIT "B" I (PARCEL 6 I PM 29909 N8957'50"W PMB 200/84-85) I - — 32.00' I \ I \ I 1 CV §Z�1' 5,313 SF 0.12 AC ( (PARCEL 5 1 I (PARCEL 4 1 PM 29909 \ I a PM 29909 \ PMB 200/84-85) I m PMB 20/84-85) N89'59'47"W 32.00' j (PARCEL 3 PY 29909 PM 29909 PMB 200/84-85) - / I PM 29909 I U I PMB 200/84-85) f — — — — —1 I PMB 200/84-85) I I I J r--- I l (PARCEL 2 1 I W I I ! PM 29909 1 I N I PMB 200/84-85) I I p l j I I LOT C PM 29909 L - - - - - - - CALLS TAMPICO SCALE 1"=100' a�da��Q Gaappaac� 78-080 CALLS AM/GO, SUITE 102 LA OUINTA, CA 92253 760-219-9886 - 760-262-J000 (FAX) dale@kellehermapping,com PREPARED BY: LS 6687' EXP. 6-30-10 No. 6687 Eq. oe/aoho lip of CA��E� 146 EXHIBIT C (Legal Description of Property Attached) 21561015610-0002 824642.01 .06/03/09 117 � ` � yit yyR� §�� pae Jill ayyyyyyyy�C�, Z h �1� tl tlj}djipp py�tltl ��9yq�Y'pp yyy�CCCCyp� xz In b I S z, ea Si s 3333SVSv F i W 3�§h �ht6 u ' F r¢a BiGk wigR @ ggg IMF _ I JV F� /�i ✓yjppy yV�L µF n CCb iig$ n Sp'yy 1� c 5 ^ o _ poll W ev. H maF ubfil! b � o 6 y5' 6XYtl pp 22 r gg Iy { g@ga aF YcjY pp{ eC y fCY3X pig,1 5 8 i yp o ggp � 8�y ry E3� �' 11 Zz apRyS p s i j ., 148 z E I 61 Ar r:I y ITd 5 U y o�Y �O= Z o LTAT u V+$Y C ��fhz Oyu �1 •] w p NV H 4E ti3 3 u� F O'JId1lY1 kxns o a N 7 U ooic i a e 0 i �gcgc tl� I I I BEY. g�kapaa�aW ti�� .opiiLl, Pai: aw+no +swva uurrn .[amn vralovm PRY I^ I srow x.ndvdvx A19L1 d['IR a C�[[ii{C$EpAA�Apa�pp? �sYl��A�a�z�eaR "s""ss888'eE88�888��88 a§i6§k�53E8-C§k9; aunanua u G... / 4 4 149 C&t�v 4 64:& QU&M COUNCIL/RDA MEETING DATE: September 15, 2009 ITEM TITLE: Approval of an Advance from the General Fund to the SilverRock Golf Enterprise Fund RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an advance of $875,203 from the General Fund to the SilverRock Golf Enterprise Fund to cover operations for Fiscal Year 2008-2009. FISCAL IMPLICATIONS: The Fiscal Year 2008-2009 advance to cover operating losses from the SilverRock Golf Course is $875,203 for operations ($815,895 in principal and $59,308 in interest) on the outstanding advances. This advance request is based upon the annual audit which was conducted in August. Last year's Fiscal Year 2007-2008 SilverRock Golf Enterprise Fund advance was $949,269. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City entered into a management agreement with Landmark Golf to operate the SilverRock Golf Course. Landmark was advanced $250,000 to use to pay operating expenses for golf course operations. Twice per month Landmark Golf requests a reimbursement for its expenses which are approved by the Community Services Department and a wire transfer is processed by the Finance Department to replenish the balance back to the $250,000 level. The Fiscal Year 2008-2009 SilverRock original budget projected a $680,446 advance. During the course of the year, $203,962 in budget amendments were approved which increased the deficit to $884,408. As previously mentioned, the actual operational deficit was $875,203 which is $9,205 less than had been anticipated. 150 The following chart lists the advances the City Council has authorized and the actual amount spent through June 30, 2009. SILVERROCK ADVANCES CURRENT TRANSACTIONS Product Sales Advance Advance for Inventory(actual) Liquor License Food & Beverage Opening Inventory Pro Shop Opening Inventory Pre -Opening FFE Equipment Sub -total Interest on Advances- FY 04/05 Interest on Advances - FY 05/06 Interest on Advances - FY 06/07 Interest on Advances - FY 07/08 Interest on Advances - FY 08/09 Sub -total Operations - FY 04105 (1) Operations - FY 05/06 Operations - FY 06/07 Operations - FY 07/08 Operations - FY 08/09 Sub -total (1) FY 04/05 was a partial year APPROVED TRANSACTIONS 250,000 25,330 45,000 15,000 80,000 71,000 486,330 260 13,364 69,733 83,284 59,308 225,949 305,658 875,674 819,635 865,985 815,895 3,682,847 4,395,126 APPLIED THRU 6130/2009 250,000 20,251 1,000 67,328 43,100 381,679 260 13,364 69,733 83,284 59,308 225,949 305,658 875,674 819,635 865,985 815,895 3,682,847 4,290,475 Staff is requesting an additional advance $875,203 for operations principal and $59,308 in interest) on the outstanding advances $4,290,475 outstanding as of June 30, 2009. AVAILABLE 5,079 44,000 15,000 12,672 27,900 104,651 104,651 ($815,895 in for a total of It should be noted that next year's Fiscal Year 2009-2010 budget also projects a loss of $687,715 which will also require a future advance. It is anticipated that these advances will be repaid from future income from SilverRock activities such as Transient Occupancy Tax, sales tax and golf course net income generated on the site in future years. The outstanding advances will be charged the Local Agency Investment Fund (LAIF) earnings rate on a quarterly basis. 151 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the advance from the General Fund to the SilverRock Golf Enterprise Fund for $875,203; or 2. Do not approve the advance from the General Fund to the SilverRock Golf Enterprises Fund; or 3. Provide staff with alternative direction. Respectfully submitted: bU4 M ze'�'C�-- John M. Falconer, rinance Director Approved for Submission by: Thomas P. Genovese, City Manager 152 COUNCILIRDA MEETING DATE c&,!t 4.' vQuiKrw September 15, 2009 ITEM TITLE: Approval of an Appropriation for a Lump Sum Pay -Off of the California Public Employee Retirement System (CaIPERS) Side Fund RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an appropriation of $1,231,427 from the General Fund for a Lump Sum Pay - Off of the CaIPERS Side Fund. FISCAL IMPLICATIONS: The City contracts with CaIPERS to provide employees with a specified package of benefits upon retirement. The City's plan is referred to as the 2.5% @ 55 defined benefit plan, where a qualified employee may receive an annual retirement benefit equal to 2.5% of their final compensation times the number of years of service at age 55. The City funds these benefits on an annual basis according to actuarially determined contribution rates for both the employee (8%) and the employer (12.122%). The City's employer rate of 12.122% includes 2.221 % which is referred to as the "side fund" which is eligible for repayment. Staff is proposing to pay-off this side fund amount which totals $1,338,763 as of September 30, 2009, from the City ($1,231,427) and Redevelopment Agency ($107,336). Funds are available in the unallocated general Fund reserves Account Number 101-0000-290-00.00 to make this payment. Staff estimates a savings of $643,181 in future years by prepaying this liability of which the City would save an estimated $591,614 and the Redevelopment Agency an estimated $51,567. CHARTER CITY IMPLICATIONS: None. ... 153 BACKGROUND AND OVERVIEW: In 2003, California legislation mandated that all agencies with less than 100 active members be enrolled in a risk -sharing pool with all other agencies in the State with similar benefit packages. This required the City to join with other CalPERS agencies that offered the Miscellaneous 2.5% at 55 retirement plan to it employees. Prior to this time, the City of La Quinta had a stand alone plan. At the time of joining the risk pool, a side fund was created to account for the difference between the City's assets and liabilities. In 2003, most California agencies, including the City of La Quinta, were under -funded due to four (4) consecutive years of investment losses. Rather than requiring that the City pay off this liability off immediately, CaIPERS created this side fund which has been reduced since 2003 by increasing the employer retirement rate. As a result, the City still owes the CalPERS pool $1,415,848 as of June 30, 2010 which will be repaid over the 11 year remaining periods (Attachment 1). CaIPERS will give the City an interest credit for prepaying this amount nine months early by September 30, 2009 of $77,085 for a net amount due of $1,338,763. There are two primary components used to calculate the side fund payoff amount — interest earnings and payroll costs. As illustrated in Attachment 2, staff has conservatively calculated a savings from interest earnings of $380,974 that would be achieved given the historical average of 4% that has been earned on the City pooled investments and the 7.75% earnings credit given by CalPERS. It is important to note that while the historical City earnings average has been 4%, currently the City investment pool is earning less than 1 % given the current environment. The other component is payroll costs which are estimated to result in a savings of $262,207. CaIPERS has used a projected payroll cost of $7.147 million in its payoff calculations for Fiscal Year 2008-2009 while the City budget contains a budgeted amount of $8.029 million. The difference is caused by CalPERS using two year old data to prepare its actuary reports and projecting using a 3.25% growth factor. The City on the other hand uses a more precise calculation using the most current step increases (5% between steps) and any Cost of Living Adjustment that is granted. While the City has continued to grant step increases to eligible employees, no cost of living adjustments (cola's) have been granted in Fiscal Year 2009-2010 due to the current economic climate. Therefore it is possible that if economic conditions persist where no Cola's are granted, and more employees are at the top step, that the City could experience a less than 3.5% payroll growth factor which would result in a savings of less than $262,207. Staff has included the Department by Department breakdown of the fiscal impact for both the City and the Redevelopment Agency (Attachment 3) if this item is approved. One factor that should be considered in the overall analysis is the availability of unencumbered funds to retire this obligation. The City has adequate unreserved 154 E General Fund balances (or cash equivalents) of $18 million readily available to pay this obligation. Another important reason given by our CalPERS actuary is to mitigate future CalPERS rate hikes due to recent stock market and real estate losses experienced by CalPERS in 2008 and 2009. While it is important to note that by paying this side fund off, the City and RDA budgets for pension expenses will be reduced by a total of approximately $178,000 between the two agencies, future CalPERS employer pension cost increases are on the horizon. Attachment 4 is a recent Circular Letter from CalPERS that highlights the future impacts of retirement rates. While precise numbers are not available, page three of the Circular letter states that beginning in Fiscal Year 201 1-2012, rates from the current stock market and real estate losses will impact the City's budget. The City will probably fall under the numbers in column VI of 6 so in Fiscal Year 201 1-2012 through Fiscal Year 2014-2015 the CalPERS employer rates will increase cumulatively by 6.9%. The following table is a possible scenario in which the CalPERS rate in Fiscal Year 2014-2015 will increase by 39% over the Fiscal Year 2010-2011 rate. Fiscal Year 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 Employer Less Plus Rata before Side Fund 2008-2009 Employer Adjustments Credit Losses Rate 11.900% 2.221% 0.000% 9.679% 9.679% 1.500% 11.179% 11.179% 2.500% 13.679% 13.679% 2.600% 16.279% 16.279% 0.300% 16.579% FINDINGS AND ALTERNATIVES: Increase Employee Share Total From 2010/2011 8.000% 17.679% 8.000% 19.179% 8.000% 21.679% 8.000% 24.279% 8.000% 24,579% 39.029% The alternatives available to the City Council include: 1. Approve an appropriation of $1,231,427 from the General Fund for a Lump Sum Pay -Off of the CalPERS Side Fund; or 2. Do not approve an appropriation of $1,231,427 from the General Fund for a Lump Sum Pay -Off of the CalPERS Side Fund; or 3. Provide ;staff with alternative direction. Respectfully submitted: John M. Falconer, Finance Director .. 155 [<] Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1. CalPERS Actuarial Office Calculations 2. Staff Projected Lump Sum Payoff Savings 3. Staff Calculated Payoff Allocation 4. CalPERS Circular Letter 200-056-09 dated August 25, 2009 156 2 H 1 11A%�n1VIC1M 1 1 Actuarial Office P.O. Box 1494 Sacramento, CA 9581 C�Telecommunications Deviceevice for the Deaf - (916) 795-3240 (888) CalPERS (225-7377) FAX (916) 795-2744 June 5, 2009 Employer Number: 1351 Employer Name: OTY LA QUINTA Rate Plan: MISCELLANEOUS Re: Lump Sum Payment to payoff the 2010-2011 negative side fund Dear Requestor: As requested, 2010-2011 side fund payoff information follows. If you are aware of others interested in this information (i.e. payroll staff, county court employees, port districts, etc.), please inform them. The information assumes payment by September30, 2009 and no further contractual or financing changes taking effect before June 30, 2011. The change in your 2010/2011 employer contribution rate after you make the proposed lump sum payment, will be calculated once the 6/30/2008 annual valuation is available. There will be no change to your 2009/2010 rate. As of June 30,2007 Pre -Payment Post -Payment Projected 6/30/10 Side Fund (SF) ($1,415,848) Proposed Lump Sum Pmt by 9/30/09 $1,338,763 Revised projected 0/30/2010 SF $o To initiate this change, the enclosed Lump Sum Payment Request must be completed and returned to the Fiscal Services Division with a wire transfer or a check by September 30, 2009. A copy should be sent to us. If you have questions, please call (888) CalPERS (225-7377). David Du Bois, FSA Senior Pension Actuary, CalPERS enc. 157 A N l6 O -p T N C J d LL Q a a in Y U N L U Gl l0 N a) O O N V' M No V 1� V o w o O00 O u0 N OIj V rraDNNM N OM C� M O N W �YMNN�OarO vN�v o p N . fA fA to fA 69 to fA FA fA di fA fA h W o N O V (p O] M tp M (O fp V fp N a m C N r c 00 N co aD 6 6 (7i a0 to C w d f9 V) fA ER fA W fA fA fA fA tq fq � C �+ A C m Ea O) V NNV � — � n N r O O a0 ITmm IT � O (p IT � Iq a - (o O C ON N 0)O E M Gi -li 6 O C4 N '- N Lp we- `- T �fD Cps 00NOmO �.--N m� N f6 NNN N � 7 U d O'k C - N Vi fA f9 fH b9 f9 fA fA fA W fA W L U y � C M A 7 r e po o\ pIV a0 W N OMNO vn vm m } Q O�N(p N r Ncn C j '-R(OrOOMtpMMrr m� V c0 r r a0 N N M A 0 r M LL M O N co N N O N C O O .r- r- �" M N N .-- O— \V N p 0 N cn c» cs ca w w c» en cn cn U T m oa y o�NMv ncp raoQ 0 V W 0 l0 o o o o o o o 0 o o 0 o j C E O N N N N N N N N N N N N LL C T p m O .- N m '7 N w n w m O m Q M o 0 o o 0 o L p p o o 0 o 0 o N C O N N N N N N N N N N N N } C 0 y C y l0 N O G E E .-NM V tow aw )o-N as >Sa2 a Z 158 0 Actuarial Office P.O. Box 1494 C:.Sacramento, CA 95812-1494 Telecommunications Device for the Deaf - (916) 795-3240 (888) CalPERS (225-7377) FAX (916) 795-2744 LUMP SUM PAYMENT REOUESi Please complete and return this form to the following address, with a copy to the address above. CalPERS Fiscal Services Division Attn: Retirement Programming Accounting P O Box 942703 Sacramento, CA 94229-2703 Or fax to: 916-795-7622 If a wire transfer is being used, it should go to the following account: ABA#0260-0959-3 Bank of America Sacramento Main 555 Capitol Mall, suite 1555 Sacramento, CA 95814 For credit to State of CA, CalPERS Account # 01482-80005 Please e-mail FCSD-public_agency_wires@calpers.ca.gov on the day of the wire to ensure timely crediting to your account. Any individual wire totaling over $5,000,000 requires a 72 hour notice. Employer Name: CITY OF LA QUINTA Employer Number: 1351 Member Group or Plan: MISCELLANEOUS PLAN Coverage Group affected by the Payment (choose one within the affected plan): 70002 Amount: Purpose: $1,338,763 To pay off the negative side fund In recognition of our payment please revise our employer contribution rate effective July 1, 2010: Name and Title: (Please Print): Signature: Mailing Address: Street Address: City/State/Zip: Telephone Number: E mail Address: Fiscal Services verification ACTO PP 2-2006 Number: Date Received Amount Received Reference # Name and Date: 159 7 City of La Quints Projected Lump Sum Payoff Savings 8/31/2009 15:12 CaIPERS City of La Quints Projected Payroll Budgeted $ 7,147,773.00 $ 8,029,319.00 2.2205657622% 2,2205657622% $ 158.721.00 $ 178.296.00 2009/2010 $ 15Q72L00 $ 178,296.00 CaIPERS City of La Quints 2010/2011 $ 163,879.00 3.250% $ 184,090.00 3.250% 2011/2012 169,205.00 3.250% 190,073,00 3.250% 2012/2013 174 704.00 3.250% 196.250,00 3.250% 2013/2014 180,382.00 3.250% 202,628,00 3.250% 2014/2015 186,24500 3,250% 209,214,00 3,250% 2015/2016 192,298.00 3,250% 216,013,00 3.250% 2016/2017 198.547.00 3,250% 223.033.00 3,250% 2017/2018 205.000.00 3.250% 230,262.00 3.250% 2018/2019 211,663.00 3.250% 237,767.00 3.250% 2019/2020 218,542,00 3.250% 245494.00 3.250% 20202021 225,644.00 3.250% 253.472,00 3,250% $ 2,126,109.00 $ 2,388,316.00 Less Interest income credit $ 710,262.00 $ 366,587.00 Net before Prepayment $ 1,415,847,00 $ 2,021,729.00 Less Prepayment Interest Credit $ 77,084.00 $ 39,785,00 Total Costs $ 1,338,763.00 $ 1,981,944.00 Payoff Side Fund Savings $ 643,181.00 Savings for City 91,98 % $ 591,614.00 Savings for RDA 8.02 % $ 51.567.00 CaIPERS City of La Quints Projected Interest Projected Interest 7.75% 4.00% $ 107.650.00 1 $ 55,561,00 CalPERS City of La Quinta $ 103,496.00 $ 53.417.00 98,614.00 50,898.00 92,934,00 47966,00 86,381.00 44,584,00 78.873.00 40,709,00 70,322.00 36,295,00 60,631.00 31.293.00 49,697,00 25.650.00 37,407.00 19,307.00 23.641.00 12,202.00 8,266.00 4,21610 $ 710,262.00 $ 366587.00 •• 1 160 0 ATTACHMENT 3 City of La Quinta La Quints Redevelopment Agency CalPers Lump Sum Side Fund Payoff Allocation Fiscal Year 2008/2009 8/31 /2009 14:53 Department CalPers Employer Share RDA Percent RDA Share City Share City Council $ 18,820 0.00% $ - $ 18,820 City Manager 38,791 10.00% 3,879 34,912 Economic Development 55,514 40.00% 22,206 33,308 Management Services 61,840 10.00% 6,184 55,656 City Clerk 47,440 10.00% 4,744 42,696 Community Services -Admin 53,112 1.50% 797 52,315 Senior Center 18,061 0.00% - 18,061 Parks & Recreation 8,503 0.00% 8,503 Parks Maintenance 13,927 0.00% - 13,927 Finance 81,658 8.80% 7,186 74,472 Central Services - 0.00% - Building & Safety - Admin 36,481 10.00% 3,648 32,833 Building Inspection 67,455 3.50% 2,361 65,094 Code Compliance 69,893 0.00% - 69,893 Animal Control 22,274 0.00% - 22,274 Civic Center Building 12,692 40,00% 5,077 7,615 Emergency Services 10,264 0.00% - 10,264 Planning -Admin 60,214 8.00% 4,817 55,397 Current Planning 53,803 10.00% 5,380 48,423 Public Works - Admin 39,190 10.00% 3,919 35,271 Public Works - Development Services 76,116 7.50% 5,709 70,407 Street Maintenance 70,948 0.00% - 70,948 Lighting & Landscape 9,777 0.00% - 9,777 Engineering Services 49,038 4.75% 2,329 46,709 $ 975,8111 $ 78,236 1 $ 897,575 8.02% 91.98% Lump Sum Payoff $ 1,338,763 $ 107,336 1 $ 1,231,427 RDA Breakdown Project Area No. 1 1 Allocation RDA No. 1 Debt Service: RDA No. 1 Capital Projects RDA No. 1 Low & Moderate Income 20.73% 49.65% PA 1 $ 22,251 53,292 Subtotal 70.38% 75,543 Project Area No. 2 1 Allocation RDA No. 2 Debt Service RDA No. 2 Capital Projects RDA No. 2 Low & Moderate Income 4.27% 25.35% PA 2 4,583 27,210 Subtotal 29.62% 31,793 Total 100.00% 1 $ 107,336 161 P.O. Box 942709 Sacramento, CA 94229-2709 888 CaIPERS (or 888-225-7377) Telecommunications Device for the Deaf i.aIPL RS www ca poice ers.ca gov3240 Circular Letter TO: SUBJECT: ATTENTION: ALL PUBLIC AGENCIES ATTACHMENT, 4 Date: August 25, 2009 Reference No.: Circular Letter No.: 200-056-09 Distribution: I, IA, IIB, VI Special: IMPACT OF ECONOMIC ENVIRONMENT ON EMPLOYER RATES AND NEW BOARD APPROVED SMOOTHING MODIFICATIONS FINANCE DIRECTORS, HUMAN RESOURCE DIRECTORS, PUBLIC AGENCY DECISION MAKERS CalPERS is sending this circular letter as a result of the CalPERS Board of Administration's decision at its June meeting to take steps to mitigate the impact of recent investment market declines on our public agencies' employer contribution rates. BACKGROUND As you are no doubt aware the past 18 months have seen significant investment market volatility and asset value declines for all investors, CaIPERS included. In an effort to provide an early warning of potential employer rate increases CalPERS issued Circular Letter 310-050-08 on October 6, 2008 in order to inform public agencies of the CalPERS investment policy and strategy during the market decline. That Circular Letter also addressed the impact of financial market volatility on employer contribution rates and on the security of retiree benefits. The dramatic projected increase in employer contribution rates prompted CalPERS to examine our current approach and provide alternatives for consideration that might phase in the impact of investment losses while also allowing some time for the economy to recover. Although our investment horizon is long term we recognize that investment returns over the short term fluctuate and lead to volatile employer contribution rates. To counter this, CalPERS employs a rate smoothing approach which spreads investment returns over a 15 year period. In addition excess returns or shortfalls and other gains and losses to our pension plans are paid for over a 30 year period which resets annually. We do this because we expect these deviations from the long term average to cancel each other out over time: California Public Employees' Retirement System www.calpers.ca.gov 162 10 Circular Letter #200-056-09 -2- August 25, 2009 FISCAL YEAR 2008/2009 INVESTMENT RESULTS CaIPERS has released preliminary (net of fees) investment returns for the 2008/2009 fiscal year of negative 23.4%. The final return for the year will not be known until October when our final Real Estate and Alternative Investment Management (AIM) investment returns are available. Both the Real Estate and AIM returns lag one quarter as is industry standard. Such an extraordinary one-time event has put enormous strains on our economy, businesses, individuals, and local governments. While our smoothing approach works well during normal economic cycles and has produced very stable employer contribution rates, such a unique event calls for a deviation from the usual approach. Rest assured that, despite the downturn, retirement benefits are secure and CaIPERS has more than enough assets on hand to pay benefits well into the future. CaIPERS continues to manage a well diversified portfolio and maintain a prudent, long term investment strategy in order to ensure the financial security for those we serve. WHAT IS CALIPERS GOING TO DO? To deal with this one time event the CaIPERS Board has approved an enhancement to our current smoothing methodology. Use a 3--year phase in of the 2008 — 2009 investment loss and allow some time for the economy to recover. This phased in approach will be achieved by temporarily relaxing the constraints on the smoothed value of assets around the actual market value. This corridor which constrains the smoothed value of assets will be allowed to expand and then contract with the following conditions. Increase the corridor limits for the actuarial value of assets from 80%-120% of market value to 60%-140% of market value on June 30, 2009 which impacts the 2011 — 2012 contribution rate 2. Reduce the corridor limits for the actuarial value of assets to 70%-130% of market value on June 30, 2010 which impacts the 2012 — 2013 contribution rate 3. Return to the 80%-120% of market value corridor limits for the actuarial value of assets on June 30, 2011 and thereafter which impacts the 2013 — 2014 and fiscal years beyond contribution rates Isolate the asset loss outside of the 80% - 120% corridor and pay for it with a disciplined fixed and certain 30 year amortization schedule. It is prudent for 2008-2009 Fiscal Year investment losses to be subject to a more stringent funding schedule and that they should be paid for in full at the end of the 30 years. In this way we will not rely on future investment returns to pay for 2008- 2009 investment losses. California Public Employees' Retirement System www.calpers.ca.gov 163 11 Circular Letter #200-056-09 -3- August 25, 2009 HOW WILL THIS AFFECT YOUR AGENCY? Below we provide a table that can be used to gauge your agency's expected increase in employer contribution rate under the new smoothing approach due to the recent investment losses. (Note that the increase in employer contribution rates below would be added to your current rate.) The illustrated rates are for a generic public agency based on its volatility index. The volatility index (VI) is the agency's assets divided by payroll and provides a measure of how sensitive an agency's contribution rate will be due to investment returns. (For pooled plans the VI is the volatility index of the entire pool). Your agency's volatility index is provided in your annual actuarial report but a rule of thumb is that a typical miscellaneous plan has a volatility of between 2.5 and 5, an AB616 formula (2.5% @ 55, 2.7% @ 55 and 3% @ 60) miscellaneous plan between 4 and 6 and that of a safety plan between 5 and 10. The chart below shows the projected increase in employer contribution rates for fiscal years 2011-2012 through 2014-2015 assuming CaIPERS earns 7.75% after 2008-2009. As an extreme example we have included a plan with a volatility index of 15. Projected Increase in Employer Contribution Rate for Public Agencies Fiscal Year VI of 4 VI of 6 VI of 8 VI of 10 VI of 15 2011- 2012 10 _.. .. .:... 1:5°/ P .... 1.9% - _..__-_ .v:.. 2012 - 2013 1.6% 2.5% 3.3% 4.1% 6.1% 2013 - 2014 1 7% ........ 2 6%' .......wi _ _.. 3 4l, 4 3%. 6.4%'' _. 2014-2015 0.2% 0.3% 0.4% 0.6% 0.8% Again, these increases are cumulative. For example, suppose your agency's plan has a volatility index of 4. Referring to the table above, under the VI of 4 column, you can expect to see a 1.0% of payroll increase in your current employer contribution rate for FY 2011-2012, an additional 1.6% increase in FY 2012-2013, another 1.7% increase in FY 2013-2014. The cumulative expected increase in your employer contribution rate at the end of the three fiscal years is the sum of these individual increases or 4.3% in this case. Because of our 15 year smoothing method, additional losses will continue to be recognized, but not as severely as the first three years. Without future investment gains, your rate will continue to increase by about .2% per year for 15 years. As identified above, preliminary investment returns do not include the quarter lag for Real Estate and Alternative Investment Management (AIM). However, we have built additional conservatism into the chart above to reflect additional losses which we anticipate will be incorporated into the final return. We have used a negative 28% return to generate the chart above. California Public Employees' Retirement System www.calpers.ca.gov •. r164 tia Circular Letter #200-056-09 -4- August 25, 2009 Please be aware these are only estimates and we do not know the final return on investments. Your employer rate will also differ due to your own demographic experience or if you are in a pool, due to the pool's demographic experience. As of the most recent actuarial valuation there are only three public agencies with volatility indexes greater than 15. If your particular agency has a volatility index greater than 15 or if you have other questions you may want to contact your•CalPERS plan actuary. In short the new.method will provide short-term relief to local government and school employers while strengthening the long-term financial health of the pension fund. If you wish to discuss these issues further, please contact your CaIPERS actuary at 888 CaIPERS or (888-225-7377). Ronald L. Seeling, Chief Actuary Actuarial & Employer Services Branch California Public Employees' Retirement System www.calpers.ca.gov 16.9 13 T'itr^F4Q" COUNCIL/RDA MEETING DATE: September 15, 2009 ITEMTITLE: Adoption of a Resolution Regarding Benefits Contribution for Management, Contract Management and Confidential Employees RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: /40 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution regarding benefits contribution for Management, Contract Management and Confidential Employees. FISCAL IMPLICATIONS: The proposed $63 increase for the benefit contribution will raise the current amount to a maximum of $1,315 per month. The anticipated cost for the proposed benefit increase will tie approximately $14,364 for Fiscal Year 2009-2010. Funding is available in the; General Fund Reserve account and in the Redevelopment Agency. Staff will review the actual costs at the Mid Year review and bring back appropriations for approval if necessary. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A Resolution has been prepared and submitted herein that would authorize an increase of $63 per month to raise the benefits contribution to a maximum of $1,315 per month effective January 1, 2010. This increase would apply to Management, Contract Management and Confidential Employees. This proposed increase reflects and was precipitated by a proposed First Amendment to the current Memorandum of Understanding with the La Quinta City Employees' Association. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 166 Adopt a resolution regarding benefits contribution for Management, Contract Management and Confidential Employees; or 2. Do not adopt a resolution regarding benefits contribution for Management, Contract Management and Confidential Employees; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: rl—) G � - Thomas P. Genovese, City Manager 167 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REGARDING BENEFITS FOR MANAGEMENT, CONTRACT MANAGEMENT AND CONFIDENTIAL EMPLOYEES, COMMENCING ON JANUARY 1, 2010 WHEREAS, the City of La Quinta, hereinafter referred to as "City," will provide a benefits contribution increase of $63.00 per month for Management, Contract Management and Confidential employees commencing on January 1, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1 . The City does hereby approve, ratify, and authorize for Management, Contract Management and Confidential Employees implementation of an increase of the maximum benefit contribution to $1,315 per month. Section 2. The City recognizes Contract Management positions as the: Assistant City Manager -Development Services, Assistant City Manager -Management Services, City Clerk, Community Services Director, Planning Director and Public Works Director/City Engineer. PASSED,. APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 151" day, of September, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California I • i Resolution 2009- Benefits for Management, Contract Management And Confidential Employees September 15, 2009 Page 2 ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 169 T'df 4 4 Qaha COUNCIL/RDA MEETING DATE: September 15, 2009 ITEM TITLE: Adoption of a Resolution and First Amendment to the Memorandum of Understanding with the La Quinta City Employees' Association Regarding Benefits Contribution RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution and First Amendment to the Memorandum of Understanding (MOU) (Attachment 1) with the La Quinta City Employees' Association (Association) regarding benefits contribution. FISCAL IMPLICATIONS: The proposed $63 increase for the benefit contribution will raise the current amount to a maximum of $1,315 per month. The anticipated cost for the proposed benefit increase will be approximately $25,708 for Fiscal Year 2009-2010. Funding is available in the General Fund Reserve account and in the Redevelopment Agency. Staff will review the actual costs at the Mid Year review and bring back appropriations for approval if necessary. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 21, 2009, the City Council approved a MOU with the Association. Section 3A of the MOU allowed for the re -opening of negotiations on benefits contributions as new rates are announced. CalPERS recently announced the premium rates for the 2010 plan year. The Association exercised the option to re -open negotiations on this issue. As result of negotiations between the City and the Association, it is proposed 170 to raise the maximum monthly contribution for health -related benefits from the current $1,252 to $1,315 effective January 1, 2010. The Association membership ratified the benefit change at their monthly membership meeting on September 9, 2009. This benefit will be utilized for health, dental, vision and life insurance coverage. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution and First Amendment to the MOU with the Association regarding benefits contribution; or 2. Do not adopt a resolution and First Amendment to the MOU with the Association regarding benefits contribution; or 3. Provide staff with alternative direction. Respectfully submitted, _/'�-Z4& Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . First Amendment to Memorandum of Understanding 171 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION (LO.CEA), COMMENCING ON JANUARY 1, 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 Section 3500, as amended; and WHEREAS, the City and the Association have negotiated a First Amendment to the Memorandum of Understanding commencing on January 1, 2010 to raise the benefits contribution to a maximum of $1,315.00 per month. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City does hereby approve, ratify, and authorize implementation of each economic and non -economic benefit and right set forth in the First Amendment to the Memorandum of Understanding between the City and Association, attached hereto and executed on September 15, 2009, and incorporated herein as Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of September, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 172 Resolution 2009- First Amendment to MOU with LQCEA September 15, 2009 Page 2 DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 173 ATTACHMENT 1 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING This FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING (First Amendment) is entered into by and between the CITY OF LA QUINTA (City) and the LA QUINTA CITY EMPLOYEES' ASSOCIATION (Association) as of September 15, 2009. RECITALS WHEREAS, City and Association entered into a Memorandum of Understanding (MOU) concerning labor relations and terms and conditions of employment for the period of July 1, 2009 through June 30, 2010; and WHEREAS, Section 3(A) of the MOU requires City and Association to reopen negotiations in September 2009 to meet and confer on the amount paid by City for insurance coverage after CaIPERS announces its rate increase or decrease for the upcoming calendar year; and WHEREAS, City and Association have met and conferred in good faith as required and have reached tentative agreement on an increase to the City's contribution to insurance coverage subject to ratification by the Association membership and approval of the City Council. NOW THEREFORE, it is agreed by and between the parties as follows: 1. Section 3(A) is hereby amended effective January 1, 2010 so that the amount of the City contribution towards insurance coverage will increase from up to $1,252 per month to up to $1,315 per month for calendar year 2010. 2. Except as specifically amended by this First Amendment, the MOU remains in full force and effect. CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES' In Don Adolph, Mayor ASSOCIATION 0 m ou 9,1 vyonsNlOU COLAsaM BENEFIT5�3W91y NnnWMnl la 174 MOU Y.IS.o9.pOC Titro&lwQ COUNCIL/RDA MEETING DATE: September 15, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Parcel Map No. 32891, David Chapman, Tradition Club Associates, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: hn STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to February 18, 2010 for Parcel Map No. 32891, David Chapman, Tradition Club Associates, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 32891 is located south of Avenue 52 and east of ,Tradition Trail (Attachment 1). On February 18, 2008, the City and Tradition Club Associates, LLC entered into an SIA for Parcel Map No. 32891. 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 175 when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvemments." In a letter dated August 13, 2009 (Attachment 2), the developer requested a time extension to February 18, 2010 to complete the on -site improvements. The project is pending an approvable drainage design from the developer's engineer. Therefore, the improvements required as part of the SIA have not been completed. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to February 18, 2010 for Parcel Map No. 32891, David Chapman, Tradition Club Associates, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to February 18, 2010 for Parcel Map No. 32891, David Chapman, Tradition Club Associates, LLC; or 3. Provide :staff with alternative direction. Respectfully submitted, Ti othy R. na s n, P.E. ublic Works Dir for/City Engineer Approved for submission by: C;� , ( 41 yz� � Thomas P. Genovese, City Manager 176 Attachments: 1. Vicinity Map 2. Letter from David Chapman, Tradition Club Associates, dated August 13, 2009 177 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF: LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO FEBRUARY 18, 2010 FOR PARCEL MAP NO. 32891 WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 32891 on February 18, 2008; 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 February 18, 2009, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's .sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to February 18, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on February 18, 2010. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. Resolution No. 2009- Parcel Map No. 32891 Adopted: September 15, 2009 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15' day of September 2009, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) -IT141 *3 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 179 ATTACHMENT 2 David Chapman Investments August 13, 2009 1 &. Tim Jonasson Public Worts Director City of La Quinta, CA 92253 Re: Parcel Map 32891- Parcels 1 & 2 Dear Mr. Jonasson, I am requesting a 1 year extension until 2.18.2010, to complete the SIA on -site improvements for the above mentioned property. Please let me know the dates for the hearing regarding the drainage for the parcels. As soon as the drainage issues have been resolved we will start the on -site improvements. 51 "D 'rely, avid an Tradition Club Associates 78-505 AVENUE 52 • LA QUINTA, CA 92253 • 760.564.3355 • FAx 760.564.2356 181 •u. ATTACHMENT 1 PARCEL MAP NO. 32891 AMUE 52 PARCEL MAP 32M PARCEL 2 OADInON CLUB VICINITY M NOT TO SCALE CITY COUNCIL MEETING: September 15, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Parcel Map No. 32891 APPLICANT: Mr. David Chapman, Tradition Club Associates, LLC 180 COUNCILIRDA MEETING DATE: Tdf 4 4 a9ha September 15, 2009 ITEM TITLE: Adoption of a Resolution to Approve a Supplemental Agreement with Riverside County for the Use of Community Development Block Grant (CDBG) Funds for Public Facility and Street Improvements along Calle Tampico and Avenida Bermudas, and Public Service Funds for the Boys and Girls Club - La Quinta Unit RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution to approve the Supplemental Agreement and authorize the Mayor to sign the Agreement (Attachment 1) to utilize the sum of $174,175 in CDBG Entitlement Funds for public facility and street improvements along Calle Tampico and Avenida Bermudas ($148,777) and public service funds for the Boys and Girls Club - La Quinta Unit ($25,398). FISCAL IMPLICATIONS: The City will receive reimbursement of $174,175 in CDBG Entitlement Funds for the improvements on Calle Tampico and Avenida Bermudas ($148,777), and public service funds for the Boys and Girls Club - La Quinta Unit ($25,398). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The purpose of this Supplemental Agreement, between the City and Riverside County, is to authorize the use of CDBG funds for Fiscal Year 2009-2010 in the amount of $174,175 in accordance with the Housing and Community Development Act of 1974. This allocation reflects a proportional share of the Riverside County's entitlement allocation from H.U.D. The City submitted CDBG applications to the County for the projects in November, 2008; the applications were subsequently approved by the Board of Supervisors. ,.... 182 This Supplemental Agreement is for projects which have been approved by the City Council on November 18, 2008 under Resolution 2008-073 and are available with the beginning of the new Federal Fiscal Year which began July 1, 2009. Monies become available for reimbursement to the City upon approval of this Agreement by the City and the Riverside County Board of Supervisors. The City Council, at its meeting on November 18, 2008, approved an estimated total of $190,000 in CDBG program funds. However, due to the overall decrease in monies available for CDBG programs, the County has allocated a total of $174,175 for the City's CDBG program. Therefore, the allocation of $30,000 to the Coachella Valley Boys and Girls Club, La Quinta Unit will be reduced to $25,398. Additionally, the approved allocation of $160,000 in CDBG funds for public facilities improvements along Calle Tampico and Avenida Bermudas has been reduced to $148,777. For the past twenty six years, the City of La Quinta has been participating in the Urban Counties CDBG program with Riverside County. Entitlement Funds for previous CDBG Program Years have been expended for projects such as: Senior Center construction, La Fonda Street construction and public service funds for the Boys and Girls Club - La Quinta Unit. The City has previously entered into Supplemental Agreements with the County for the use of CDBG funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution to approve the Supplemental Agreement and authorize the Mayor to sign the Agreement (Attachment 1) to utilize the sum of $174,175 in CDBG Entitlement Funds for public facility improvements along Calle Tampico and Avenida Bermudas ($148,777), and public service funds for the Boys and Girls Club - La Quinta Unit ($25,398); or 2. Do not adopt a Resolution to approve the Supplemental Agreement and authorize the Mayor to sign the Agreement (Attachment 1) to utilize the sum of $174,1715 in CDBG Entitlement Funds for public facility improvements along Calle Tampico and Avenida Bermudas ($148,777), and public service funds for the Boys and Girls Club - La Quinta Unit ($25,398); or 3. Provide staff with alternative direction. i$a Respectfully son, Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Supplemental Agreement L i l RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA TO APPROVE A SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR PUBLIC FACILITY AND STREET IMPROVEMENTS ALONG CALLE TAMPICO AND AVENIDA BERMUDAS, AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB - LA QUINTA UNIT WHEREAS, the Community Development Block Grant Funds for Fiscal Year 2009-2010 will be $174,175 to begin July 1, 2009; and, WHEREAS, the City of La Quinta must submit to the Riverside County Economic Development Agency a signed Supplemental Agreement to utilize the Community Development Block Grant Funds ; and, WHEREAS, the use of the Community Development Block Grant Fund was openly discussed and considered by the City Council at their regular meeting on November 18, 2:008; and, WHEREAS, on November 18, 2008, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), or reprogramming(s), were selected: OJECT NAME: 1. Public Facility Improvements . at the intersection of Calle Tampico and Desert Club Drive, and along Avenida Bermudas 2. Fee Waiver/Reduction Program SPONSOR AMOUNT City of La Quinta $148,777 Boys & Girls Club $ 25,398 La Quinta Unit NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: 1. That the City of La Quinta does hereby approve the Supplemental Agreement for the use of Community Development Block Grant Funds for Fiscal Year 2009- 2010 for the above -named project(s). to... 185 City Council Resolution No. 2009- Community Development Block Grant - Supplemental Agreement September 15, 2009 Page 2 2. That the City Council hereby directs the City Manager to disperse the funding amounts in accordance with the programming procedures of the Community Development Block Grant program. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 15`h day of September 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor, City of La Quinta, California ATTEST: Veronica Montecino, CMC. City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE .JENSON, City Attorney City of La Quinta, California 186 Attachment 1 I File No.: 4.LQ.06-09 and 4.LQ.07-09 2 3 SUPPLEMENTAL AGREEMENT FOR THE USE OF 4 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 5 The COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY," 6 and the CITY OF LA QUINTA, herein called "CITY," mutually agree as follows: 7 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated 8 July 12, 2005, whereby CITY elected to participate with COUNTY, which has qualified as an 9 "Urban County" for purposes of receiving Community Development Block Grant (CDBG) 10 funds, and to assist and undertake essential community development and housing assistance 11 activities pursuant to the Housing and Community Development Act of 1974, Title 1, as 12 amended, Public Law 93-383 hereinafter referred to as "Act". Said Cooperation Agreement, 13 dated July 12, 2005, is incorporated herein by reference and made a part of this Agreement as if 14 each and every provision was set forth herein. 15 2. PURPOSE. CITY promises and agrees to undertake and assist with the 16 community development activities, within its jurisdiction, by utilizing the sum of $174,175; 17 CDBG Entitlement Funds, as specifically identified in Exhibits A and B are attached hereto and 18 by this reference are incorporated herein, for the projects: 19 4.LO.06-09 Street Improvement Project. $148 777. 20 4.LO.07-09 Bovs & Girls Club - After -school Program 25.398. 21 3. TERM OF AGREEMENT. The tern of this Agreement for the projects shall 22 be for a period of one (1) year from July 1, 2009 to June 30, 2010, and proceed consistent with 23 the completion schedule set forth in Exhibits A and B. In the event that the projects are not 24 substantially completed by the time set forth in the completion schedule due to unforeseen or 25 uncontrollable causes, the COUNTY may consider extending the schedule for the completion of 26 the project. Times of performance for other activities may also be extended in writing by 27 COUNTY. If substantial progress--toward-completion-in conformance --with the completion 28 schedule, as determined by COUNTY, of the projects are not made during the term of the Page 1 of 13 187 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 Supplemental Agreement, COUNTY may suspend or terminate this agreement by the procedures set forth in the Section titled "Termination", of this agreement and the entitlement funds associated with the projects may be reprogrammed by COUNTY after appropriate notice is given. 4. DISPOSITION OF FUNDS. a. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency, shall: (1) Make payment of the grant funds to CITY as designated in Exhibits A and B; and (2) It is the CITY's responsibility to monitor all project activities of Exhibits A and B to ensure compliance with applicable federal regulations and the terms of this Agreement. b. CITY shall comply with timely - drawdown of CDBG funds by expeditiously implementing and completing County -approved, CDBG-funded projects. CITY acknowledges that CITY's drawdown performance directly impacts the COUNTY's overall program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 15, 2009, exceeds two-times (200%) the CITY's 2008-2009 CDBG allocation, the COUNTY may take the necessary administrative actions to reduce the CITY's CDBG fund balance. Necessary actions include reprogramming the excess CDBG fund balance to other eligible activities as selected by COUNTY. COUTY may authorize CITY in writing, prior to January 15, 2009, to exceed the CDBG fund balance requirement. C. CITY shall comply with timely drawdown of funds by submitting monthly requests for reimbursement or other County -approved reimbursement schedule. All disbursements of grant funds will be on a reimbursement basis and made within thirty (30) days after the CITY has submitted its letter identifying payments and documentation supporting expenditures. d. All authorized obligations incurred in the performance of the Agreement for projects eligible under the following regulations must be reported to COUNTY no later than by June 15, 2009: Page 2 of 13 188 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 a. Public Services [24 CFR 570.201 (e)] b. Acquisition [24 CFR 570.201 (a)] C. Clearance Activities [24 CFR 570.201 (d)] d. Interim Assistance [24 CFR 570.201 (f)] e. Code Enforcement [24 CFR 570.202 (c)] All other eligible activities under this Agreement must be implemented, completed, and I obligations reported by the CITY no later than the completion schedules set forth in the Exhibits I to this Agreement. 5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying out its Strategic Plan of the Consolidated Plan and other requirements of the Community Development Block Grant Program. 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA). Pursuant to Section 15051(d) of Title 14 of the California Administrative Code, CITY is designated as the lead agency for the projects that are the subject matter of this Agreement. 7. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages including, but not limited to, claims, demands, losses, liabilities, costs and expenses including reasonable attorneys fees, resulting from the negligent or wrongful acts or omissions of their employees or agents in the performance of this Agreement, and each Party shall indemnify, defend and hold harmless the other Parties from such claims, demands, damages, losses or liabilities for their negligence Page 3 of 13 • 18 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 8. INSURANCE. Without limiting or diminishing the CITY'S obligation to indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement.. A. Workers' Compensation: If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside, and, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement. B. Commercial General Liabilitv: Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY 'S performance of its obligations hereunder. Policy shall name the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. C. Vehicle Liabilitv: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside, its Page 4 of 13 190 11 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 Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds. D. General Insurance Provisions - All lines: 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. 2) The CITY 'S insurance carrier(s) must declare its insurance self -insured retentions. If such self -insured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of self insured retention unacceptable to the COUNTY, and at the election of the Country's Risk Manager, CITY 'S carriers shall either; 1) reduce or eliminate such self -insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 3) CITY shall cause CITY'S insurance carrier(s) to famish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such Page 5 of 13 19 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 effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other I attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. 4) It is understood and agreed to by the parties hereto that the CITY 'S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self - I insured retention's or self -insured programs shall not be construed as contributory. 1 5) If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or, the term of this Agreement, including any extensions thereof, exceeds five (5) years the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage's currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the CITY has become inadequate. 6) CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. 7) The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY. 8) CITY agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement 9. RECORDS AND INSPECTIONS. a. CITY shall establish and maintain records in accordance with 24 CFR Part Page 6 of 13 192 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 RM 570, Part 85, OMB Circular A-87, and 24 CFR 91.105, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. b. CITY shall maintain a separate account for CDBG Entitlement funds received as set firth in Exhibits (A and B). C. CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized representative, fbr the examination and copying, all of its records and other materials with respect to matters covered by this Agreement. d. CITY shall not retain any program income as defined in Section 570.500 of Title 24 of the Federal Code of Regulations: Said program income shall be used only for the (activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities. e. The CITY shall ensure that at least fifty-one percent (51%) of the persons benefiting from all CDBG-funded activities or projects designated as serving limited clientele [570.208(a)(2)(i)] are of low and moderate -income and meet the program income guidelines attached as Exhibits (A and B). The CITY and City's Sub -recipients must provide the required income certification and direct benefit documentation. 10. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal, state, and local laws, regulations, and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code of Federal Regulations. CITY is to comply with OMB Circular A-87, or any subsequent replacement. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above -mentioned Cooperation Agreement. CITY will comply with Section 3 of the Housing & Urban Development Act of 1968, as amended, attached hereto as Exhibit "S". CITY will comply with the provisions of 24 CFR Part 570.200 0), attached as Exhibit "R," pertaining to inherently religious activities. 11. INDEPENDENT CONTRACTOR. CITY and its agents, servants, and employees 193 Page 7 of 13 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 shall act at all limes in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers, or employees of the COUNTY. 12. TERMINATION. a. CITY. CITY may not terminate this Agreement except upon express I written consent of COUNTY. b. , COUNTY. Notwithstanding the provisions of Paragraph 11 a, COUNTY may suspend or terminate this Agreement upon written notice to CITY of action being taken and I the reason for such action: (1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable; or (3) In the event the funding from the Department of Housing and Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes unavailable. C. Upon suspension of this Agreement, CITY agrees to return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Agreement. d. Reversion of Assets 1. Upon expiration of this Agreement, the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the Agreement as well as any accounts receivable held by CITY which are attributable to the use of CDBG funds awarded pursuant to this Agreement. 2. Any real property under the CITY'S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Page 8 of 13 194 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 I SPONSOR in the form of a loan) in excess of $25,000 is either: (i) Used to meet one of the National Objectives in Sec. 1570.208 until five years after expiration of this agreement, or for such longer period of time as I determined to be appropriate by the COUNTY; or (ii) Not used in accordance with Section (i) above, in which I event the SPONSOR shall pay to the COUNTY an amount equal to the current market value of I the property less any portion of the value attributable to expenditures of non-CDBG funds for the I acquisition of, or improvement to, the property. 13. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of Title 24 of the Federal Code of Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds. 14. PROHIBITION AGAINST CONFLICTS OF INTEREST a. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "Cl" and by this reference incorporated herein. b. CITY and its assigns, employees, agents, consultants, officers, and elected and appointed officials shall become familiar with and shall comply with Section A -I I of the County's CDBG Policy manual, attached hereto as Exhibit "Cl" and by this reference incorporated herein. C. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (e). Page 9 of 13 195 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 d. Prior to any funding under this Agreement, CITY shall provide COUNTY with a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Agreement. e. Any violation of this section shall be deemed a material breach of this Agreement, and the Agreement shall be immediately terminated by the COUNTY. 15. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no lliability for any later determination by the United States Government, the Department of Housing and Urban Development or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG funds. 16. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use, by CITY or sub -recipient, for a period of five (5) years from the close-out date of the grant from which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY monitoring and review. 17. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify and to require any lessee or assignee to notify Riverside County Workforce Development Center of any and all job openings that are caused by this project. 18. PUBLICITY. Any publicity generated by CITY for the project funded pursuant to this Agreement, during the term of this Agreement, will make reference to the Contribution of the County of Riverside, the Economic Development Agency, and the Community Development Block Grant Program in making the project possible. 19. PROGRAM MONITORING AND EVALUATION. CITY and its sub -recipients shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Page 10 of 13 196 1 2 3 4 5 6 7 8 9 10 II. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Objectives. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to, the following data elements: a.. Title of program, listing of components, description of activities/operations. bl. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals and identify any problems encountered in meeting goals. C. If the CDBG-funded Activity meets a National Objective under 24 CFR (a)(2)(i), CITY will report the following: 1) Total number of direct beneficiaries (clientele served) with I household incomes at: • Above 80% MHI • Between 50% and 80% MHI (Low -Income) • Between 30% and 50% MHI (Very Low -Income) • Less than 30% MHI (Extremely Low -Income) 2) Total number and percent (%) of the clientele served that have household incomes at or below 80% MHI 3) Racial ethnicity of clientele 4) Number of Female -Headed Households CITY and its sub -recipients shall report beneficiary statistics monthly to EDA on the pre - approved Direct Benefit Form and Self -Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by EDA should HUD implement: changes during the term of this agreement. CITY and sub -recipients will collect and provide all necessary data required by HUD pertaining to the Specific Outcome Indicators as identified in the CPD Outcome Performance Measurement System. Page 11 of 13 191 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 20. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant to this Agreement is Community Development Block Grant (CFDA 14.218). 21. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with the cooperation Agreement between the parties, embodies the entire agreement of the parties in relation to the subject matter thereof, and that no other Agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the parties at the time of execution. 22. MINISTERIAL ACTS. The Assistant County Executive Officer/EDA or designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it may be amended from time to time by COUNTY. 23. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval from the Economic Development Agency prior to implementing the following "high risk" activities funded.with CDBG assistance: a. Construction of public facilities (project plans and specifications); b. Acquisition of real property; C. Historic Preservation; d. Relocation; and e. Economic Development 23. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively. SIGNATURES ON NEXT PAGE Page 12 of 13 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 IN WITNESS WHEREOF, the COUNTY and the SPONSOR have executed this Agreement as of the date listed below. DATED: COUNTY OF RIVERSIDE By: Jeff Stone, Chairman BoardofSupervisors SH:JT:mmv CITY OF LA QUINTA By: Mayor Page 13 of 13 EXHIBIT A Page 1 of 7 File No.: 4.LQ.06-09 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK —NON-PUBLIC SERVICE I. GENERAL INFORMATION CITYNAME: City of La Ouinta ADDRESS: _78-495 Calle Tampico La Quinta,CA 92247 PROGRAM CONTACTS: Eric Cela, Assistant Planner PHONE: 760) 777-7125 FAX: IDDu/1I1 PROJECT NAME: Street Improvement Project PROJECT LOCATION: Avenida Bermudas and Desert Club between Calle Tampico and Avenue 50, La Ouinta CA 92247 LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion 24 CFR 58.35 CDBG ELIGIBILITY CODE: 570.201 (c) Public Facilities PROJECT FUNDING SUMMARY: City Funding $148,777 Project to be administered by County (EDA) on behalf of City: YES ❑ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2009-2010 Community Development Block Grant for the Street Improvement Project in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity#1 CDBG funds will be used to construct an enhanced mid - block pedestrian crossing with a speed table on Avenida Bermudas and an enhanced pedestrian crossing utilizing paved crosswalks on Calle Tampico at the .intersections of Desert Club Drive and Avenida Bermudas. 200 EXHIBIT A Page 2 of 7 File No.: 4.LQ.06-09 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: National. Objective Criteria: 570.208 (a) (1 CFR Reference: Low Mod Area C. Levels of Accomplishment — Goals and Performance Measures The City agrees to implement and complete the following activity(ies): Activity #1 Prepare design and specifications for street improvements. Activity #2 Implement and complete construction activities. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): ® Creating Suitable Living Environments ❑ Providing Decent Affordable Housing ❑ Creating Economic Opportunities Outcome (select one): ❑ Availability/Accessibility ❑ Affordability ® Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. 201 EXHIBIT A Page 3 of 7 File No.: 4.LQ.06-09 E. Performance Monitoring , The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $148,777 Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. 202 1D0146011.30 � Page 4 of 7 File No.: 4.LQ.06-09 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; V. Records documenting compliance - with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and viii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, 203 EXHIBIT A Page 5 of 7 File No.: 4.LQ.06-09 audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City, understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-133. 204 EXHIBIT A Page 6 of 7 File No.: 4.LQ.06-09 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre -approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Completion Date Attend Mandatory Cooperating City Training Implement Project Activities Execute Supplemental Agreement & Notice to Incur Cost Tasks / Milestone Submit Quarterly Performance Reports to. County County Monitoring of City Program/Performance Specific Project Activities July 2009 Upon Notification from EDA August 2009 Start Date July 2009 September 2009 Completion Date October 15, 2009 January 15, 2010 April 15, 2010 July 31, 2010 July 15, 2010 October 15, 2010 January 15, 2011 April 15, 2011 July 31, 2011 To be determined by Program Manager 1. City executes Supplemental Agreement; receives authorization to incur cost letter 2. City prepares final construction documents for EDA review and approval 3. EDA authorize City to advertise for bids 4. EDA reviews and approves bidding process 5. City awards construction contract 6. City and EDA conduct "pre -construction meeting" 7. EDA authorize City to issue "Notice to Proceed" 8. EDA authorize Sponsor to issue "Notice to Proceed" CDBG-funded activities must be completed by May 31, 2011. (continued on next page) 205 EXHIBIT A Page 7 of 7 File No.: 4.LQ.06-09 Tasks / Milestone Start Date Completion Date City Submits Reimbursement Requests Monthly Submittal ❑ Other Schedule ® June 30, 2011 CDBG-funded Project Complete June 30, 2011 City Submits Monthly N/A Direct Benefit Reports V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS City is not to proceed with bidding or contracting, for design or construction services, prior to contacting the County to obtain Special Federal Provisions for biding and contract procurement. EXHIBIT B Page 1 of 6 File No.: 4.LQ.07-09 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK- PUBLIC SERVICE I. GENERAL INFORMATION CITYNAME: City of La Quinta ADDRESS: 78-495 Calle Tampico La Quinta,CA92247 CITY PROGRAM CONTACTS: Eric Cej a, Assistant Planner SUBRECIPIENT NAME: City of La Quinta ADDRESS: 78-495 Calle Tampico,La Quinta,CA92247 PROGRAM CONTACT: Eric Ceja, Assistant Planner PHONE: 760) 777-7125 FAX: E-MAIL: PROJECT NAME: Boys & Girls Club - After -school Program PROJECT LOCATION: 49-995 Park Avenue, La Quinta, CA 92253 LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: City Funding $25,398 Project to be administered by County (EDA) on behalf of CITY: YES ❑ NO II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2009-2010 Community Development Block Grant for the Boys & Girls Club - After -school Program in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 The Boys and Girls Club will use CDBG funds to provide membership "scholarships" to youth from low-income families. Scholarships will allow eligible individuals to participate in after -school programs including concerts, homework assistance, recreation, and arts and crafts. " 207 EXHIBIT B Page 2 of 6 File No.: 4.LQ.07-09 B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: 570.208 (a) (2) (i) (B) CFRReference: Low Mod Limited Clientele Income Certification C. Levels of Accomplishment — Goals and Performance Measures The City agrees to provide the following levels of program services: Activity Units Total Total per Month Units/Year Unduplicated Persons Activity #1 8 100 100 Unit of Service is defined as: Children Participating CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): Z Creating Suitable Living Environments ❑ Providing Decent Affordable Housing ❑ Creating Economic Opportunities Outcome (select one): ❑ Availability/Accessibility ® Affordability ❑ Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. 208 EXHIBIT B Page 3 of 6 File No.: 4.LQ.07-09 F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $25,398. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. All indirect costs must be pre -approved by the County. City must submit an Indirect Cost Allocation Plan to County, in a form specified by County, demonstrating the appropriate share of general and administrative costs. 209 EXHIBIT B Page 4 of 6 File No.: 4.LQ.07-09 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the .accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping 1. Records to be Maintained The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; V. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi.. Financial records as required by 24. CFR 570.502, and 24 CFR 84.21-28; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. . '� 210 EXHIBIT B Page 5 of 6 File No.: 4.LQ.07-09 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent its obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making :Final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-133. 211 EXHIBIT B Page 6 of 6 File No.: 4.LQ.07-09 W. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre -approved by County, CITY will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Completion Date Attend Mandatory Cooperating July 2009 July 2009 City Training Execute Subrecipient Agreements July 1, 2009 --- (EDA must approve) Implement Program Activities July 1, 2009 TBD Execute Supplemental Agreement August 2009 September 2009 & Notice to hicur Cost City Submit Quarterly October 15, 2009 Performance Reports to County January 15, 2010 April 15, 2010 July 31, 2010 County Monitoring of City TBD TBD Performance City submit Monthly September 2009 July 2010 Direct Benefit Reports City Submits Reimbursement Requests Monthly Submittal ® September 2009 April 15, 2010 Other Schedule ❑ CDBG Program Services Complete June 30, 2010 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS Sponsor must collect income self -certifications from the parent or legal guardian of every child participating in CDBG-funded activities. This includes family income, family size, and ethnicity. Sponsor is required to collect income verification documentation from at least 10% of the persons submitting the certifications. All of this documentation must be submitted to EDA on a monthly basis. F.::CDEA}OR7,iv,_(H�9'SuPPAp*w.Fwn.\�ra, tr S T ivFlausSuFP.\bra. P. I±aHllill'_TanPlare.Mo 212 EXHIBIT CI Prohibition Against Conflicts of Interest Page 1 of 4 § 570.611 Conflict of interest. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at § 570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A 110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to § 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to § 57Q-203, § 570.204 or § 570.455). (b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such pe:rson's tenure. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or subrecipients which are receiving funds under this part. (d) Exceptions: threshold requirements. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case -by -case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: 213 EXHIBIT CI Prohibition Against Conflicts of Interest Page 2 of 4 (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not Violate State or local law. (e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether an opportunity was provided for open competitive bidding or negotiation; (3) Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (5) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (6) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (7) Any other relevant considerations. 214 TOPIC: CONFLICT OF INTEREST RIVERSIDE COUNTY ECONOMIC DEVELOPMENT DATE: October 1989 EXHIBIT CI CODED AGENCY Prohibition Against Conflicts of Interest Page 3 of 4 Community Development Block Grant Policy Manual I.D. # A-11 (pg. 1 of 2) This Conflict of Interest Code is written to comply with Federal Regulations (24 CFR Part 85). These Regulations. "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" require that grantees and sub -grantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be involved. 2) Such a conflict will arise when: i) The employee, officer or agent; ii) Any member of the immediate family, iii) Hip:/Her partners, or; iv) An organization which employs, or is about to employ any of the above has a financial or other interest in the firm's selection for award. 3) The grantee's or sub -grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub -agreements except as noted in Section 4. 4) A grantee's or sub -grantee's officers, employees or agents will be presumed to have a financial interest in a business if their financial interest exceeds the following: i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,000) or more. ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000) or more. 215 EXHIBIT CI Prohibition Against Conflicts of Interest Page 4 of 4 Community Development Block Grant Policy Manual I.D. # A-11 (pg. 2 of 2) TOPIC: CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 iii) Any source of income, other :Loans by a commercial lending course of business on terms without regard to official hundred fifty dollars ($250) to, received by or promised months prior to the time when than gifts and other than institution in the regular available to the public status, aggregating two or more in value provided to the official within 12 the decision is made. iv) Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. v) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. 5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or more. S:\CDBGV0RMS'Q00TFXHI8IT Udoc 216 EXHIBIT "R" Constitutional Prohibition In accordance with First Amendment Church/State Principles, as a general rule, CDBG/ESG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. The following restrictions and :Limitations therefore apply to the use of CDBG/ESG funds. (1) CDBG/ESG funds may not be used for the acquisition of property or the construction or :rehabilitation (including historic preservation and removal of architectural barriers) of structures to be used for religious purposes or which will otherwise promote religious interests. This limitation includes the acquisition of property for ownership by primarily religious entities and the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures owned by such entities (except as permitted under paragraph (j)(2) of this section with respect to rehabilitation and under paragraph (j)(4) of this section with respect to repairs undertaken in connection with public services) regardless of the use to be made of the property or structure. Property owned by primarily religious entities may be acquired with CDBG/ESG funds at no more than fair market value for a non -religious use. (2) CDBG/ESG funds may be used to rehabilitate buildings owned by primarily religious entities to be used for a wholly secular purpose under the following conditions: (i) The building (or portion thereof) that is to be improved with the CDBG/ESG assistance has been leased to an existing or newly -established wholly secular entity (which may be an entity established by the religious entity); (ii) The CDBG/ESG assistance is provided to the lessee (and not the lessor) to make the improvements; (iii) The leased premises will be used exclusively for secular purposes available to persons regardless of religion; (iv) The lease payments do not exceed the fair market rent of the premises as they were before -the improvements are made; (v) The portion of the cost of any improvements that also serve a non - leased part of the building will be allocated to and paid for by the lessor; (vi) The lessor enters into a binding agreement that unless the lessee, or a qualified successor lessee, retaips the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the lessor will pay to the lessee an amount equal to the residual value of the improvements; (vii) The lessee must remit the amount received from the lessor under subparagraph (2)(vi) of this section to the recipient or subrecipient from which the CDBG/ESG funds were derived. 217 EXHIBIT "R" Constitutional Prohibition Page 2 The lessee can also enter into a management contract authorizing the lessor religious entity to use the building for its intended secular purpose, e.g., homeless shelter, provision of public services. In such case, the religious entity must agree in the management. contract to carry out the secular purpose in a manner free form religious influences in accordance with the principles set forth in paragraph (j)(3) of this section. (3) As a general rule, CDBG/ESG funds may be used for eligible public services to be provided through a primarily religious entity, where the religious entity enters into an .agreement with the recipient or subrecipient from which the CDBG/ESG funds are derived that, in connection with the provision of such services: (i) I:t will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. (ii) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) It will provide no religious instruction or counseling, conduct no religious worship or services., engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; (iv) The portion of a facility used to provide the public services shall contain no religious symbols or decorations, other than those permanently affixed to or part of the structure. (4) Where the public services provided under paragraph (j)(3) of this section are carried out on property owned by the primarily religious entity, CDBG/ESG funds may also be used for minor repairs to such property which are directly related to carrying out the public services where the cost constitutes in dollar terms only an incidental portion of the CDBG/ESG expenditure for .the public services. 218 EXHIBIT "S" Page 1-of 2 Economic Opportunities for Section 3 Residents and Section 3 Business Concerns Sec. 135.38 Section 3 clause. All Section 3 covered contracts shall include the following clause (referred to as the Section 3 Clause): A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, -and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 219 EXHIBIT "S" Page 2 of 2 E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. G. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. H. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). &%CUBG4-ORW2..DOTEXHI8IT S.doc ed 220 rs t^ - p Fc' i.M9wS M OFT COUNCIL/RDA MEETING DATE: September 15, 2009 ITEM TITLE: Approval to Award a Contract to B&T Works, Inc. to Construct the Jefferson Street Wall and Sidewalk Improvements, Project Number 2009- 16A. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Award a contract to B&T Works, Inc., in the amount of $377,102, to construct the Jefferson Street Wall and Sidewalk Improvements, Project Number 2009-16A and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: DIF Transportation Funds* $113,916 RDA Project Area Number 2 Funds $2,161,048 Total Funding Available: $2,274,964 *Funds remaining from the Phase 2 Jefferson Street Widening will be used to supplement the budget for the proposed sidewalk that will be installed as part of the Phase I improvement. The following is the anticipated project budget for the overall project: Design: $160,375 Inspection/Testing/Survey: $156,365 Construction: $1,717,666 Contingency: $240,558 Total: $ 2, 274, 964 The low bid submitted by B&T Works Inc for the construction of the Phase 1 Improvements (Wall and Sidewalk Improvements) is $377,102, leaving $1,340,564 for the Phase 2 Parkway Landscape Improvement contract. As illustrated, adequate funding is available to support staff's recommendation. 221 CHARTER CITY IMPLICATIONS: The project is partially funded with RDA Project Area funding. As such, the project was bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvements include the installation of a meandering sidewalk, parkway landscape and irrigation, perimeter walls and/or fencing, and precise grading within the east and west parkways on Jefferson Street between Westward Ho Drive and Vista Grande. The project will be constructed in two phases. The Phase I improvements include the perimeter walls and/or fencing, precise grading, and meandering sidewalk. Phase II includes the installation of landscape and irrigation. This staff report requests approval of the award of the contract for the Phase 1 Improvements. 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 Jefferson Street Parkway Landscape Improvements are included within the adopted CIP and scheduled for funding during Fiscal Years 2009-2010. On September 10, 2009, eight (8) sealed bids were received for the construction of this project. A detailed bid comparison summary is provided for the City Council's review (Attachment 1)• The basis of award is the lowest total bid for base bid area 1. Lippert Construction, Inc. was the apparent low bidder at the time the bids were opened by the City Clerk, with a bid in the amount of $372,372. Unfortunately, Lippert Construction Inc. did not comply with the self performance requirements set forth within the project specifications. Subsequently, the bid received from Lippert Construction, Inc. has been determined to be non -responsive. This decision is based on the fact that Lippert Construction, Inc. bid the project with 64% of the contract work to be performed by subcontractors. The contract specifications require that the prime contractor perform at least 50% of the work. Considering Lippert Construction, Inc.'s bid is considered non -responsive, B&T Works, Inc. submitted the lowest responsive bid in the amount of $377,102. Contingent upon City Council authorization to award a construction contract on September 15, 2009, the following is the project schedule: 222 City Council Awards Construction September 15, 2009 Sign Contracts and Mobilize September 16, 2009 - October 9, 2009 Construction (45 Working Days) October 12, 2009 - December 15, 2009 Project Close-out January 2010 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a contract to B&T Works, Inc., in the amount of $377,102, to construct the Jefferson Street Wall and Sidewalk Improvements, Project Number 2009-16A and authorize the City Manager to execute the contract; or 2. Do not award a contract to B&T Works, Inc., in the amount of $377,102, to construct the Jefferson Street Wall and Sidewalk Improvements, Project Number 2009-16A; or 3. Provide staff with alternative direction. Respectfully submitted, t.wq Ti othy R. Jo as son E. Public Works irect City Engineer Approved for submission by: /4- A '& 4 r Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary 223 CITY OF LA OUINTA JEFFERSON STREET WALL AND SIDEWALK IMPROVEMENTS ATTACHMENT 1 PROJECT 2009.16A 8I0 COMPARISON SUMMARY EN'GINEER'S ES"I'I.NIATE Lippert Construction -B&T Works I EM Nn DESCRIPTION UNIT' PRICE PRICE EXTENDED UNIT PRICF. PRICE EXTENDED UNIT PRICE EXTE DEU PRICP Base Bid Area 1 I Mobilization $ 12,000,00 S12.060.0 S12,339.50 $12,339.5 S10,000.00 $10,000.0 2 Dust Control $ 10,000.00 $10,000.0 S1,500.00 $1,500.0 $4,000.00 $4,000.0 3 Traffic Control 11,600SF S 5,000,00 $5,000.0 $12.700,00 $12,700.0 $8,000.00 $8,000.0 4 Precise Gradin• S 0.80 $133,960,0 $0.25 $41,8625 $0.45 $75.352.5 5 5.05 S 4.50 ]6 ]60.0 $7,2000 2.94 $3.22 44 688.0 $5,152.0 4.00 $4.25 60 800.0 $6,800.07 6 Construct 4"PCC Sidewalk (6' wide) Ad'ust to Grade -Exist UtiG[ Vault S 300.00 $3,OOU,00 $150.00 $1,500.00 S300.00 $3.000.0 8 Remove Exist and Construct New Club Ram 5 EA $ 2,800.00 $14,000.0 $I,100.00 $5,500.0 $4,500.0 $22,SOOA 9 Coustrract 6' Black Wall 720 LF $ 120.00 $86,400,0 $113.00 $81,360,0 $85.00 S61,200.0 I1 Cons0uct 6'Comer Treatment Block Wall 90 LF $ 130.00 $11,700,0 $239,00 $21,420.0 $175.00 $15,750.0 II Construct 24"Black Pilaster 35 EA $ 1,000.00 $35,000.0 $1,830,00 $64,050.0 $I,500.00 $52,500.0 12 Construct Tube Steel Fcnec I,I00 LF S I10.00 $121,000.0 S73.00 $80,300,0 $52.00 S57,200.0 L BASE BID ITENU 516.1170.0 372.372.0 377 102.511 EBS Parsant Construction UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE $23,148.00 $23,148.00 $15,000.00 $15,000.0 S2,69200 S2.699.00 $5,000,00 $5,000.0 S2,583.00 S2.583.00 $2,000,00 $2,000.0 $0.29 $48,560.50 S0.44 $73,678.0 $3,33 $iO,616.00 S4C0 $60,800.0 $3,33 S5.328.00 54,10 $6,560.0 $394.00 S3,940.00 1300.00 $J.000.0 S3,938.00 $19,690,0 $5,500,00 $27,500.0 $124.00 $89,280.00 S109.00 $78,480.0 S I80.00 $16,200.00 S150.00 $13, 500.0 $1,680.00 $5R,800.0 $1,500,00 $52,500.0 $63,00 $69,300.0 $50,00 $55,000.0 $390,144.50 1 S393,018.00 Fats Construction Contreras Construction UNIT PRICE EST ENDED PRICE UNIT PRICE EXTENDED PRICE S18.000.00 $18,000.0 $3,000.00 $3,000.0 $2,340.00 S2,340.Oi $7,000.00 S7,000.0 $6,000.00 S6,000.0i $5,000.00 S5.000.0 $0.22 S36,839,0i $0.40 $66,980.0 $5.00 $76,000.0 $4.40 $66,880,0 S6.00 $9,600.00 $4.40 $7,040.0 $250,00 $2,5000 $300.00 $3,000.00 $3,600,00 18,00000 3,500.0 SIZ 00,0 $110,00 $79,200,00 $108.00 $77,760.00 $140,00 $12,600.06 $225.00 $20,250.00 $2.000.00 $70,000,00 $1,920.00 $67,200.00 $57,50 $63,250.00 $59,00 $63.800.00 $394.329.00 $405,410.0 Desert Concepts Dateland Construction UNITPRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE S20.000.00 S20,000.0 522,000.00 $22.000.0 $10,000,00 $10,000.0 $10,000.00 SI0,000G $10,000.00 $10,000.0 $16,500.00 S16.5000 $0,565 $94,609.2 $0.30 $50,235.0 $4.30 $65.360.0 $3.60 $54.720.0 $4,50 $7,200.0 $3.60 $5,760.0 $7.50= $75.00 S1,300.00 $U,000.0 S2.700.00 $13,500.0 $17,500.0 $90.00 $64,800.0 $75,600D $200.00 $18,000.0 $27,945.0$2,000.00 $70,000.0 jS3 $IJ6,500.0$5600 $61,6000 $66,000.0$43KI442.$495 760.0 i Differs from the bid 224 X4rV QU&roj Eh! OF i'KY'O COUNCIL/RDA MEETING DATE: September 15, 2009 ITEM TITLE: Adoption of a Resolution Approving the Adams Street Bridge General Plan and the Associated Mitigated Negative Declaration for Environmental Assessment 2009-605, Project No. 2006-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: —Z6� STUDY SESSION: PUBLIC HEARING: Adopt a Resolution approving the Adams Street Bridge General Plan and the Associated Mitigated Negative Declaration for Environmental Assessment 2009- 605, Project No. 2006-06. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: Transportation DIF $2,441,600 APP Funds $200,000 Surface Transportation Funds (STP - Federal) $9,766,400 Total Funding Available: $12,408,000 The following is the adopted project budget: Design: $1,419,180 Inspection/Testing/Survey: $873,875 Construction: $8,678,395 Administration: $348,350 Contingency: $1,088,200 Total: $12,408,000 225 The project is partially funded with Surface Transportation Program (STP) funds through the State's Highway Bridge Program (HBP)• The HBP will provide 88.53%, up to $9,766,400, toward the proposed all weather bridge spanning the Whitewater River on Adams Street. The HBP funding will be received in three phases. The first phase includes the development of the project environmental document and preliminary engineer's report. The second phase includes the preparation of the plans, specifications and engineer's estimate (PS&E). The third phase includes construction and construction engineering. Caltrans approved Federal funding, in the amount of $806,908, for the preparation of the PS&E on May 28, 2009. The final engineering phase of the project will be initiated after the approval of environmental documents. CHARTER CITY IMPLICATIONS: None. This project is partially funded with federal monies. Therefore, the project was advertised with prevailing wage requirements included in the contract specifications. BACKGROUND AND OVERVIEW: The purpose of the proposed improvements is to replace the existing low water crossing spanning the Whitewater River at Adams Street with an all weather crossing. On September 18, 2007, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the PS&E of probable construction costs for the Adams Street Bridge Improvements, Project No. 2006-06; and appointed a consultant selection committee. On November 6, 2007, the City Council authorized the City Manager to execute program supplemental agreement 007-N to agency -state agreement number 08- 5433R for federal funding toward the Adams Street bridge improvements, Project No. 2006-06. The program supplement agreement 007-N to agency -state agreement number 08-5433R provided $500,000 of Federal funding toward the preliminary engineering phase of the Adams Street bridge improvements, Project No. 2006-06. On February 5, 2008, the City Council approved a Professional Services Agreement (PSA) with RBF Consulting, in the amount of $911,452, to provide professional engineering services for the Adams Street Bridge Improvements, Project No. 2006- 06. 226 As briefly discussed above, the project development process includes three phases. The first phase includes the development of the project environmental document and preliminary engineer's report. The preliminary engineer's report is complete and has been approved by Caltrans. The preliminary engineer's report included development of the Adams Street bridge general plan which is attached (Attachment 1) for the City Council's consideration. The Adams Street bridge improvement is subject to both the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA). The California Department of Transportation (Caltrans) is the lead agency for the approval of the NEPA environmental document. All but one of the technical studies required by the NEPA document has been approved. The remaining technical study (Historical Properties Survey Report (HPSR)/Archeological Survey Report (ASR)) is expected to be approved within the next few weeks. It is also expected that Caltrans will issue an approved categorical exclusion by the end of September 2009. The City is the lead agency and approval authority for the CEQA environmental document. An initial study/environmental assessment was conducted and a Mitigated Negative Declaration (MND) has been prepared for the project and is attached (Attachment 2) for the City Council's consideration. The following is a summary of the attached MND: Project Description The City of La Quinta, in cooperation with the California Department of Transportation (Department) proposes to span the Whitewater River Channel at Adams Street with an all weather bridge. The proposed bridge is anticipated to be approximately 525 feet long and approximately 76 feet wide. At a minimum, the typical section will include a six-foot sidewalk on both sides of the bridge, a twelve foot raised curb median island, and four travel lanes. The project will also include items such as concrete slope protection, multi -use trail crossing under the bridge at either of the abutments and the City's decorative bridge railings. Additionally, two ramps from the top of the concrete slope lining to the bottom of the channel will be constructed to allow for maintenance of the channel bottom by the Coachella Valley Water District, which is responsible for maintenance of the channel facility. The project site is located along Adams Street between Westward Ho Drive and Corporate Center Drive, within the City of La Quinta, County of Riverside, State of California (Section 30, Township 5 south, Range 7 east; San Bernardino Base and Meridian [SBBMD. The project site is surrounded by commercial, institutional, residential, and vacant land uses. 227 Environmental Determination The City prepared an initial study (Environmental Assessment 2009-605) for this project, and released the document for public review from June 23, 2009 through July 23, 2009. It was determined from the initial study and comments received during the public review period, that the proposed project would not have a significant effect on the environment for the following reasons: • The proposed project would have no impact on agricultural resources, mineral resources, population and housing, public services, and recreation. Furthermore, the proposed project would not impact a coastal zone, or wild and scenic rivers, and would not result in relocations or physically divide a community. • The proposed project would have a less than significant impact on aesthetics, geology and soils, hydrology and water quality, land use and planning, noise, and utilities and service systems. • The identified potential impacts of the proposed project on air quality, biological resources, cultural resources, hazards and hazardous materials, and transportation and traffic would be reduced to a less than significant level with implementation of the mitigation measures as set forth in the MND attached to this staff report. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution approving the Adams Street bridge general plan and the associated mitigated negative declaration for environmental assessment 2009-605, Project No. 2006-06; or 2. Do not adopt a Resolution approving the Adams Street bridge general plan and the associated mitigated negative declaration for environmental assessment 2009-605, Project No. 2006-06; or 3. Provide staff with alternative direction. Respectfully submitted, f1 �� T' othy R. Jonas n, P.E. Public W s Director/City Engineer '"". 228 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Adams Street bridge general plan 2. Mitigated Negative Declaration for EA 2009-605 ~• 229 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2009-605 PREPARED FOR THE ADAMS STREET DRIVE BRIDGE IMPROVEMENTS, PROJECT NO. 2006-06 ENVIRONMENTAL ASSESSMENT 2009-605 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of September, 2009 considered Environmental Assessment 2009-605 for the Adams Street Bridge Improvements, Capital Improvement Project No. 2006-06 (the "Project"), and WHEREAS, said Environmental Assessment has complied with the requirements of The Rules to Implement the California Environmental Quality Act of 1970 (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Planning Department has prepared an Initial Study (EA 2009-605) and has determined that although the Project could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures are incorporated into said Environmental Assessment and included in the Project approval, and a Mitigated Negative Declaration of environmental impact should be filed; and, WHEREAS, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: The proposed Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified under Environmental Assessment 2009- 605. 2. The proposed Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of any rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. The project is located in an urbanized area. Implementation of the Project will not affect any special interest plan communities or federal/State listed species. ,.�. 230 Resolution 2009- Environmental Assessment 2009-605 Adams Street Bridge Improvements - CIP#2006-06 Adopted: September 15, 2009 3. There is no evidence before the City that the proposed Project will have the potential for any significant adverse effect on wildlife resources, or the habitat on which the wildlife depends, which cannot be mitigated. The Project site contains potentially suitable habitat for the western Burrowing Owl, and the Project will impact potential jurisdictional waters of the United States. However, mitigation measures to be incorporated into the Project implementation will reduce these impacts to less than significant levels. 4. The proposed Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. The Project will replace the existing low water crossing with an elevated bridge to achieve the long term goal of reducing or preventing traffic congestion in the project vicinity and the City's circulation system, and thereby implementing the City's approved Capital Improvement Program. 5. The proposed Project will not result in impacts which are individually limited but cumulatively considerable, considering the effects of past projects, other current projects or probable future projects, as development patterns in the area will not be significantly affected by the proposed Project. The Project is a roadway improvement project that has been anticipated in the General Plan and the Capital Improvement Program, and will not introduce new land use or increase roadway capacity. 6. The proposed Project may result in impacts to air quality, noise and traffic during construction; however these impacts will be temporary and short in duration and will also be mitigated to a less than significant level with the mitigations measures contained herein. 7. There is no substantial evidence in light of the entire record that the Project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2009-605 and the Environmental Assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this Project are the Planning Department and the Public Works Department, both located at 78-495 Calle Tampico, La Quinta, California. ',.,.�J 231 Resolution 2009- Environmental Assessment 2009-605 Adams Street Bridge Improvements — CIP#2006-06 Adopted: September 15, 2009 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That Environmental Assessment 2009-605 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 151n day of September 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California '40".1 232 c 1 • �I f A � y � � 11NIB moo I �^ *, I5 � t _ t e 4 e I re V k I � s u t d ! N W W ATTACHMENT 2 City of La Quinta Department of Transportation SCH Number 2009061098 MITIGATED NEGATIVE DECLARATION Pursuant to: Division 13, Public Resources Code Project Description The City of La Quinta, in cooperation with the California Department of Transportation (Department) proposes to span the Whitewater River Channel at Adams Street with an all weather bridge. The proposed bridge is anticipated to be approximately 525 feet long and approximately 76 feet wide. At a minimum, the typical section will include a six- foot sidewalk on both sides of the bridge, a twelve foot raised curb median island, and four travel lanes. The project will also include items such as concrete slope protection, multi -use trail crossing under the bridge at either of the abutments and the City's decorative bridge railings. Other improvements associated with the bridge will include accommodations for a future multi -use trail crossing under the bridge at either abutment. Additionally, two ramps from the top of the concrete slope lining to the bottom of the channel will be constructed to allow for maintenance of the channel bottom by the Coachella Valley Water District, which is responsible for maintenance of the channel facility. The project site is located along Adams Street between Westward Ho Drive and Corporate Center Drive, within the City of La Quinta, County of Riverside, State of California (Section 30, Township 5 south, Range 7 east; San Bernardino Base and Meridian [SBBM]). The project site is surrounded by commercial, institutional, residential, and vacant land uses. Determination This proposed Mitigated Negative Declaration (MND) is intended to provide notice to interested agencies and the public that it is the City's intent to adopt an MND for this project. This does not mean that the City's decision regarding the project is final. This MND is subject to modification based on comments received by interested agencies and the public. The City prepared an Initial Study for this project, and released the document for public review from June 23, 2009 through July 23, 2009. It was determined from the Initial Study and comments received during the public review period, that the proposed project would not have a significant effect on the environment for the following reasons: The proposed project would have no impact on Agricultural Resources, Mineral Resources, Population and Housing, Public Services, and Recreation. Furthermore, the proposed project would not impact a Coastal Zone, or Wild and Scenic Rivers, and would not result in Relocations or physically divide a community. 234 Mitigated Negative Declaration 2 August 31, 2009 Adams Street Bridge Project In addition, the proposed project would have a less than significant impact on Aesthetics, Geology and Soils, Hydrology and Water Quality, Land Use and Planning, Noise, and Utilities and Service Systems. The potential impacts of the proposed project on Air Quality, Biological Resources, Cultural Resources, Hazards and Hazardous Materials, and Transportation and Traffic would be reduced to a less than significant level with implementation of the following mitigation measures: Mitigation Measures Air Quality AQ1 During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering or other dust preventive measures using the following procedures, as specified in the South Coast Air Quality Management District's Rules and Regulations. • All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. • All material transported on -site or off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. • The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of dust. • These control techniques shall be indicated in project specifications. Compliance with this measure shall be subject to periodic site inspections by the City. • Visible dust beyond the property line emanating from the project shall be prevented to the maximum extent feasible. AQ2 All trucks that haul excavated or graded material shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. Biological Resources Sensitive Species All native nesting birds are protected by the MBTA. To comply with the MBTA and the Fish and Game Code, a qualified biologist will conduct preconstruction clearance surveys for active bird nesting immediately prior to any clearing of vegetation. This is necessary to ascertain definitively whether any raptors or other migratory birds are actively nesting in the BSA. During the clearance surveys, the location of any active bird nests will be mapped by the biologist, and an appropriate buffer (e.g.,.500-ft buffer for raptors) where work will not take place will be established and monitored. The buffer 235 Mitigated Negative Declaration 3 August 31, 2009 Adams Street Bridge Project will be delineated by roping or flagging the boundaries and will remain in place until either the nest is abandoned or the young have fledged. The limits of the buffer can be adjusted to reduced radius if the observations of the project biologist indicate that a reduced radius will not result in an adverse effect on nesting raptors. Invasive Species The following measures will be implemented as part of the project to minimize and avoid the potential spread of invasive species from or into the project area: • Before mobilizing, to arrive at the site and before leaving the site, construction equipment will be cleaned of mud or other debris that may contain invasive plants and/or seeds and inspected to reduce the potential of spreading noxious weeds. • Trucks with loads carrying vegetation shall be covered and vegetative materials removed from the site shall be disposed of in accordance with all applicable laws and regulations. Jurisdictional Areas Impacts to the jurisdictional areas within the project site will require mitigation and authorization from the Corps prior to construction. Removal of approximately 0,55 acre of existing roadway from the Whitewater River channel is anticipated to provide adequate mitigation for impacts to jurisdictional WoUS. The roadway removal will provide a net increase of 0.5 acres of jurisdictional waters within the project area, as well as increase water quality and groundwater recharge, and provide an earthen bottom channel suitable for wildlife use. However, this is subject to Corps approval. In addition, Section 401 of the federal Clean Water Act requires that any applicant for a federal license or permit for activities resulting in any discharge into navigable waters shall provide the licensing or permitting agency a certification of water quality or waiver from the State in which the discharge originates. In California, the State agency that certifies discharges (or issues waivers) is the State Water Resources Control Board (SWRCB). The SWRCB is divided into local Regional Water Quality Control Boards (RWQCB). The project site is within the jurisdiction of the Colorado River Basin RWQCB (Region 7). Therefore, prior to issuance of a Section 404 authorization or permit, the Corps must receive a certification of water quality or waiver from the Region 7 RWQCB. In addition, because of the drainage located within the biological study area, construction activities should occur outside the rainy season (October to May) to ensure that erosion caused by construction activities does not occur and that sedimentation is not deposited within the storm drain system or any adjacent drainages. A Storm Water Pollution Protection Plan (SWPPP) should be prepared and best management practices (BMPs) should be put in place, as may be required by the RWQCB. Implementation of the above mitigation measures would reduce potentially significant impacts as a result of project implementation to less than significant. to.... 236 Mitigated Negative Declaration 4 August 31, 2009 Adams Street Bridge Project Impacts to the jurisdictional areas within the project site will require mitigation and authorization from the CDFG prior to construction. The project will provide a net increase of 0.5 acres of jurisdictional streambed within the project area, as well as increase water quality and groundwater recharge, and provide an earthen bottom channel suitable for wildlife use. This net increase of streambed is anticipated to provide an appropriate level of mitigation for permanent impacts to 0.05 acre of streambed. However, this is subject to CDFG approval. Implementation of this mitigation measure will reduce impacts to less than significant levels. Cultural and Paleontological Resources If cultural materials are discovered during construction, all earth -moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can assess the nature and significance of the find. If human remains are discovered, State Health and Safety Code Section 7050.5 states that further disturbances and activities shall cease in any area or nearby area suspected to overlie remains, and the County Coroner contacted. Pursuant to Public Resources Code Section 5097.98, if the remains are thought to be Native American, the coroner will notify the Native American Heritage Commission (NAHC) who will then notify the Most Likely Descendent (MLD). At this time, the person who discovered the remains will contact the District Environmental Branch so that they may work with the MLD on the respectful treatment and disposition of the remains. Further provisions of PRC 5097.98 are to be followed as applicable. Hazards and Hazardous Materials • Should the construction activities associated with the project result in the removal of yellow traffic striping/marking materials or hot -melt thermoplastic traffic stripes within the subject site, the generated wastes shall be disposed of to an appropriate, permitted disposal facility. • If unknown wastes or suspect materials are discovered during construction by the contractor which he/she believes may involve hazardous waste/materials, the contractor shall: • Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; • Notify the Project Engineer of the implementing agency; • Secure the areas as directs by the Project Engineer; and, • Notify the implementing agency's hazardous Waste/Materials Coordinator. Traffic and Circulation Short-term disruptions to roadway use shall be minimized by a Traffic Management Plan (TMP) to be established by the City prior to construction. This TMP shall consist of prior notices, adequate sign -posting and detours. This TMP shall specify implementation timing of each plan element (prior notices, sign -posting, detours, etc.) as 237 Mitigated Negative Declaration 5 August 31, 2009 Adams Street Bridge Project determined appropriate by the City Engineer. Proper detours (if necessary) and warning signs shall be established to minimize short-term disruptions. The TMP shall be devised so that construction shall not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts on circulation. ADOPTION STATEMENT: This Mitigated Negative Declaration was adopted based on the California Environmental Quality Act findings listed above, made by the City of La Quinta, on Les Johnson, Planning Directory City of La Quinta H:\PDATA\20100922Wdmin\Reports\Environmental\MND Form\MITIGATED NEGATIVE DECLARATION.doc -'- 238 REVISED DRAFT INITIAL STUDY/NEGATIVE DECLARATION ADAMS STREET BRIDGE IMPROVEMENT PROJECT LEAD AGENCY: City of Lo Quinta 78-495 Calle Tampico, City of La Quinta, California 92253 Contact: Mr. Bryan McKinney Principal Engineer (760) 777-7125 City Case #: Environmental Assessment (EA): 2009-605 CONSULTANT: MF CONSULTING 9755 Clairemont Mesa Blvd, Suite 100 San Diego, CA 92124 Contact: Lorraine Ahlquist Environmental Services (858) 614-5044 September 15, 2009 JN 20-100922 so... 239 Initial Stude Adams Street Bridge Improvement Project Table of Contents 1.0 INTRODUCTION.......................................................................................................... 1 l .l . Statutory Authority and Requirements......................................................................1 1.2. Purpose................................................................................................................1 1.3. Consultation.........................................................................................................2 1.4. Incorporation by Reference....................................................................................2 2.0 PROJECT DESCRIPTION.................................................................................................3 2.1. Project Location and Setting...................................................................................3 2.2. Project Characteristics...........................................................................................3 3.0 ENVIRONMENTAL CHECKLIST FORM..................................................................................5 4.0 EVALUATION OF ENVIRONMENTAL IMPACTS........................................................................8 5.0 REFERENCES.............................................................................................................50 5.1. Environmental Evaluation Personnel......................................................................50 5.2. Reference Documents..........................................................................................50 List of Figures FIGURE 1 REGIONAL VICINITY............................................................................... ATTACHED FIGURE 2 SITE VICINITY........................................................................................ ATTACHED FIGURE 3 ACTIVE FAULT NEAR -SOURCE ZONE.......................................................... ATTACHED FIGURE 4 100 YEAR FLOOD ZONE........................................................................ ATTACHED u Table of Comeau 148..0 240 Initial Stool, Adams Street Bridge Impro,ement Profea Appendices APPENDIX A Visual Impact Assessment Guide APPENDIX B PM Conformity Hot Spot Analysis — Project Summary For Interagency Consultation APPENDIX C Natural Environment Study — Minimal Impacts APPENDIX D Phase I — Initial Site Assessment APPENDIX E Hydrology And Water Quality Documents • Location Hydraulic Study Form • Summary Floodplain Encroachment Report • Project Specific Water Quality Management Plan APPENDIX F Noise Technical Memorandum APPENDIX Mitigation Monitoring Plan APPENDIX H Historic Property Survey Report / Archaeological Survey Report Table of Contents ,.� 241 Initial Studv Adams Street Bridge Improvement Project 1.0 INTRODUCTION Following preliminary review of the proposed project, the City of La Quinta (City) has determined that the proposed Adams Street Bridge Improvement Project is subject to the guidelines and regulations of the California Environmental Quality Act (CEQA). This Initial Study addresses the direct, indirect, and cumulative environmental effects associated with the bridge spanning the Whitewater River Channel at Adams Street. 1.1. STATUTORY AUTHORITY AND REQUIREMENTS In accordance with CEQA (Public Resources Code Sections 21000-21177) and pursuant to Section 15063 of the California Code of Regulations (CCR), the City of La Quinta, acting in the capacity of Lead Agency, is required to undertake the preparation of an Initial Study to determine if the proposed project would have a Significant environmental impact. Based on this Initial Study, the City has determined that the project would not have a significant effect on the environment and proposes to adopt an Initial Study/Mitigated Negative Declaration (IS/MND). Such determination can be made only if "there is no substantial evidence in light of the whole record before the Lead Agency" that such impacts may occur (Section 21080(c), Public Resources code). The IS/MND is intended as an informational document undertaken to provide an environmental basis for subsequent discretionary actions upon the project. The resulting document is not, however, a policy document and its approval and/or certification neither presupposes nor mandates any actions on the part of those agencies from whom permits and other discretionary approvals would be required. The Environmental Determination and supporting analysis is subject to a public review period. During this review, public comments on the document relative to environmental issues should be addressed to the City. Following review of any comments received, the City will consider these comments as a part of the project's environmental review and include them with the IS/MND document for consideration pursuant to the City's local CEQA Guidelines. Refer to the Notice of Availability for this IS/MND, which states the 30-day public review period and scheduled date for City of La Quinta deliberation over the project and IS/MND. 1.2. PURPOSE The purpose of the Initial Study is to: (1) identify environmental impacts; (2) provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR or Negative Declaration; (3) enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an FIR is prepared; (4) facilitate environmental assessment early in the design of the project; (5) provide documentation of the factual basis for the finding in a Negative Declaration that a project would not have a significant environment effect; (6) eliminate needless EIRs; and (7) determine whether a previously prepared environmental document could be used for the project. Section 1S063 of the State CEQA Guidelines identifies specific disclosure requirements for inclusion in an Initial Study. Pursuant to those requirements, an Initial Study shall include: (1) a description of the project, including the location of the project; (2) an identification of the environmental setting; (3) an identification of environmental effects by use of a checklist, matrix, or other method, provided that entries on a checklist or other form are briefly explained to indicate that there is some evidence to support the entries; (4) a discussion of ways to mitigate significant effects identified, if any; (S) an examination of whether the project is compatible with existing zoning, plans, and other applicable land use controls; and (6) the name of the person or persons who prepared or participated in the preparation of the Initial Study. Page I of 64 '10,.1 242 Initial Studi Adams Street Bridge lmpro�ement Pryeet 1.3. CONSULTATION As soon as the Lead Agency has determined that an Initial Study would be required for the project, the Lead Agency is directed to consult informally with all Responsible Agencies and Trustee Agencies that are responsible for resources affected by the project, in order to obtain the recommendations of those agencies as to whether an EIR or Negative Declaration should be prepared for the project. Following receipt of any written comments from those agencies, the Lead Agency would consider any recommendations of those agencies in the formulation of the recommended mitigation measures. The City will consider recommendations from Responsible Agencies, Trustee agencies and other parties as part of the IS/MND 30-day public review period. As stated in the Notice of Availability, CEQA requires that any Responsible or Trustee agencies provide comments relative to their statutory area of responsibility, and that any recommended mitigation measures include recommended monitoring requirements and suggestions for potential feasible project alternatives. The City has experience in successfully working with the various affected public agencies, and will also consult with and/or secure applicable permits or approvals from the necessary agencies as part of project implementation. 1.4. INCORPORATION BY REFERENCE Pertinent documents relating to this Initial Study have been cited and incorporated, in accordance with Sections 15148 and 15150 of the CEQA Guidelines, to eliminate the need for inclusion of voluminous engineering and technical reports within the EIR. Of particular relevance are those previous EIRs that present information regarding descriptions of environmental settings, future development -related growth and cumulative impacts. This Initial Study/Negative Declaration has incorporated by reference the City of La Quinta General Plan (March 2002). This planning and environmental clearance document includes background information regarding environmental conditions, as well as policies and information related to the proposed project. This document was utilized throughout this Initial Study/Mitigated Negative Declaration and is available for review by contacting the City of La Quinta Planning Department, located at 78-495 Calle Tampico, City of La Quinta, California 92253. CITY OF LA QUINTA GENERAL PLAN, MARCH 2O02. The City of La Quinta General Plan is a state -mandated, comprehensive, long-range vision of La Quinta's development and preservation policies. The General Plan is comprehensive because it addresses all geographic areas of the City and its sphere of influence, and the relationships between social, financial, environmental and physical characteristics. The City of La Quinta General Plan was utilized in this Initial Study/Mitigated Negative Declaration to analyze potential environmental impacts, including but not limited to land use, biological resources, and noise, resulting from implementation of the project. Page 2 of 64 243 Initial Study Adams Street Bridge Impro, ement Prolea 2.0 PROJECT DESCRIPTION 2.1. PROJECT LOCATION AND SETTING The project site is located along Adams Street between Westward He Drive and Corporate Center Drive, within the City of La Quinta, County of Riverside, State of California (Section 30, Township 5 south, Range 7 east; San Bernardino Base and Meridian [SBBMj); refer to Figure 1, Regional Vicinity and Figure 2, Site Vicinity. The project site is surrounded by commercial, institutional, residential, and vacant land uses. The area surrounding the site supports a variety of land uses including residential areas commercial buildings, La Quinta Park, and La Quinta High School. The southwestern corner of the La Quinta High School baseball field is immediately adjacent to the northeastern corner of the project site. 2.2. PROJECT CHARACTERISTICS The proposed bridge improvement will span the Whitewater River Channel at Adams Street. The bridge is anticipated to be approximately 525 feet long and approximately 76 feet wide. At a minimum, the typical section will include a six-foot sidewalk on both sides of the bridge, a twelve foot raised curb median island, and four travel lanes. The project will also include items such as concrete slope protection, multi -use trail crossing under the bridge at either of the abutments and the City's decorative bridge railings. The existing height of the crossing is not tall enough to avoid the overflow of water onto the crossing during heavy rains and results in a temporary impediment for the travel of vehicles and pedestrians through the crossing. The project would result in a transportation route that is elevated above the water overflow resulting from heavy rains. The elevated travel route is accepted by the general public, as well as pedestrians and bicyclists who will be utilizing the crossing. The proposed improvements, which include a significant vertical lift, will provide Coachella Valley motorists, pedestrians, and emergency vehicles an elevated path of travel, above overflow water, across the Whitewater River. The roadway affected by the improvements will be surfaced with rubberized asphalt that will absorb potential noise resulting from vehicle traffic, as compared with a traditional concrete bridge deck. Adjacent commercial driveways may be adjusted to allow for vertical differences at the southerly bridge approach. In addition to Adams Street, affected roadways may include Highway 111 and Westward Ho Drive. Other improvements associated with the bridge will include accommodations for a future multi -use trail crossing under the bridge at either abutment. The final location of the crossing will be determined during the Final Design process. Additionally, two ramps from the top of the concrete slope lining to the bottom of the channel will be constructed to allow for maintenance of the channel bottom by the Coachella Valley Water District (CVWD), responsible for maintenance of the channel facility. The bridge will be constructed in two stages to maintain a minimum of two lanes (one in each direction) through the construction zone at all times. Minor temporary road improvements will be made within the existing channel, including extending existing pipe culverts to maintain low flow capacity during construction. Small retaining walls are anticipated at the north and south ends of the roadway along the east and west sides of the road to maintain existing grades of adjacent property owners. Utility construction associated with this project will include sewer manhole relocation, water main relocation, temporary relocation of both aerial Imperial Irrigation District (11D) electrical distribution lines and Time Warner fiber optic lines and placement of the relocated electrical lines and fiber optic lines into cells within the Page 3 of 64 49'. 244 Initial Stadv Adams Street Bridge Improvement Pro]a¢ bridge. The CVWD owns approximately 500 feet of right-of-way within the proposed span of the bridge. Contact with the CVWD for water and sewer facilities for the project will be maintained. One existing steel power pole for transmission lines will be relocated as a result of the proposed project. The relocation will be completed using horizontal road alignment along with the required vertical clearance of the power lines. In addition to meeting other CVWD permit requirements, the proposed bridge will be designed in a manner that does not impact the CVWD Mid -Valley Pipeline Project. Temporary construction easements (TCEs) may be required during construction to allow for entry at the driveways for access purposes, however, it is not anticipated that any improvements will occur outside of the existing right-of-way. This will result in construction within the existing right-of-way. The project is anticipated to require an Army Corps of Engineers (ACOE) Section 404 Nationwide Permit, Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification, and a California Department of Fish and Game (CDFG) 1602 Streambed Alteration Agreement. In addition, issue areas of concern include biological and cultural/paleontological resources, aesthetics, noise, air quality, geotechnical, traffic/circulation, hydrology/water quality. The project will require analysis of the appropriate bridge type and the potential effects (i.e. scour dynamics and scour protection methods) of the proposed improvements on the Whitewater River Channel, based on the construction requirements. The project's effects on endangered or special status species (i.e. burrowing owl and Coachella Valley milk vetch) will also be considered. Page d of 64 245 Initial Stud- Adams Street Bridge Improvement Project 3.0 ENVIRONMENTAL CHECKLIST FORM 1. Project title: 2. Lead agency name and address: Adams Street Bridge Improvement Project City of La Quinta 3. Contact person and phone number: Bryan McKinney, P. E. (760)777-7045 4. Project location: Adams Street at the Whitewater River City of La Quinta, California Assessor's Parcel No. APN 643-220-00S and 600-010-009 S. Project sponsor's name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 922S3 6. General Plan Designation: Water (W) and Street 7. Zoning: Floodplain (FP) and Street 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The proposed bridge improvement will span the Whitewater River Channel at Adams Street. The bridge is anticipated to be approximately 52S feet long and approximately 76 feet wide. At a minimum, the typical section will include a six-foot sidewalk on both sides of the bridge, a twelve foot raised curb median island, and four travel lanes. The project will also include items such as concrete slope protection, multi -use trail crossing under the bridge at either of the abutments and the City's decorative bridge railings. Other improvements associated with the bridge will include accommodations for a future multi -use trail crossing under the bridge at either abutment. The final location of the crossing will be determined during the Final Design process. Additionally, two ramps from the top of the concrete slope lining to the bottom of the channel will be constructed to allow for maintenance of the channel bottom by the Coachella Valley Water District, responsible for maintenance of the channel facility. The bridge will be constructed in two stages to maintain a minimum of two lanes (one in each direction) through the construction zone at all times. Minor temporary road improvements will be made within the existing channel, including extending existing pipe culverts to maintain low flow capacity during construction. Small retaining walls are anticipated at the north and south ends of the roadway along the east and west sides of the road to maintain existing grades of adjacent property owners. Utility construction associated with this project will include sewer manhole relocation, water. main relocation, temporary relocation of both aerial Imperial Irrigation District (IID) electrical distribution lines and Time Warner fiber optic lines and placement of the relocated electrical lines and fiber optic Imes into cells within the bridge. The Coachella Valley Water District (CVWD) owns approximately Page S of 64 1,' . 246 Initial Stud, Adams Street Bridge Improvement Project S00 feet of right-of-way within the proposed span of the bridge. Contact with the CVWD for water and sewer facilities for the project, as well as Imperial Irrigation District (IID) for electrical facilities will be maintained. One existing steel power pole for transmission lines will be relocated as a result of the proposed project. The relocation will be completed using horizontal road alignment along with the required vertical clearance of the power lines. In addition to meeting other CVWD permit requirements, the proposed bridge will be designed in a manner that does not impact the CVWD Mid - Valley Pipeline Project. Temporary construction easements (TCEs) may be required during construction to allow for entry at the driveways for access purposes, however, it is not anticipated that any improvements will occur outside of the existing right-of-way. This will result in construction within the existing right-of-way. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: The area surrounding the site supports a variety of land uses including residential areas, commercial buildings, La Quinta Park, and La Quinta High School. The southwestern corner of the La Quinta High School baseball field is immediately adjacent to the northeastern corner of the project site. An IID substation is located immediately adjacent to the northwestern corner of the project site. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) • Coachella Valley Water District • Imperial Irrigation District ■ Army Corps of Engineers (ACOE) Section 404 Nationwide Permit • Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification, California Department of Fish and Game (CDFG) 1602 Streambed Alteration Agreement Page 6 of 64 "� 247 Initial Stud; Adams Street Bridge Improvemeat Project ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology /Soils Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation/Traffic Utilities / Service Systems Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Page 7 of 64 "� 248 Initial Smdr, Adams Street Bridge lmprovement Projea 4.0 EVALUATION OF ENVIRONMENTAL IMPACTS A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. 'Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," maybe cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Page 8 of 64 � 249 Initial Stud;, Adams Street Bridge Improvement Project 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9. The explanation of each issue should identify: a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance Page 9 of 64 250 Initial Adams Street Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual X character or quality of the site and its surroundings? d) Create a new source of substantial light or X glare which would adversely affect day or nighttime views in the area? The following analysis related to aesthetics includes information from the Visual Impact Assessment Guide, prepared for the project; refer to Appendix A. a) Have a substantial adverse effect on a scenic vista? No Impact. There are no designated scenic vistas located on or within the vicinity of the project site. Therefore, there are no impacts related to this issue and no mitigation is required. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no scenic resources in the immediate project area. These are no state scenic highways in the project vicinity. Therefore, there are no impacts related to this issue and no mitigation is required. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant. The existing crossing at Adams Street is at grade and is not of sufficient elevation to avoid the overflow of water from the Whitewater River Channel. The proposed improvements at this crossing would result in a bridge structure that is 20-feet from the Whitewater River grade to the bridge deck. Since these are associated with an existing crossing it was determined that the project would result in a moderate level of change to the physical characteristics of the existing crossing; refer to Appendix A, Visual Impact Assessment Guide. However, since these improvements would occur at an existing crossing and would be constructed with the City of La Quinta's decorative bridge railings, impacts associated with the project are less than significant. In addition, architectural treatments on the bridgewalls and structures will be appropriate to City of La Quinta's requirements. Page 10 of 64 251 Initial Studv Adams Street Bridge Improvement Project The improvements to the existing crossing do not include the construction of additional through lanes to the existing crossing, and would not alter the existing use of the site. Potential visual impacts to vehicular traffic traveling through the construction area may occur during construction due to large machinery and other construction related materials staged onsite. However, visual impacts will be temporary and will cease upon the completion of the construction of the crossing. The primary purpose and need associated with the improvements is to improve the crossing for vehicles above water overflow. Therefore, impacts to the existing visual character or quality of the site and its surroundings were determined to be less than significant. d) Create anew source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than Significant. The proposed improvements at this crossing would result in a bridge structure that is 20-feet from the Whitewater River grade to the bridge deck. This change in horizontal alignment would result in lights from vehicular traffic glaring onto an area of existing residential uses. However, an existing soundwall on the perimeter of the residential uses would effectively block the transmitted light and therefore impacts would be less than significant. In addition, lights would be included along the bridge to provide improved vision at night for vehicles traveling on the bridge. The bridge lights would be directed toward the lanes and away from adjacent land uses. Therefore, impacts would be less than significant. Page 11 of 64 252 Initial Studt, Adams Street Bridge Impro,emeni Propa Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? e) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? The following response applies to Questions a, b, and c above. No Impact. There is no farmland located within the vicinity or immediately adjacent to the project site. The area surrounding the project site is developed with a variety of urban uses. The area surrounding the site supports a variety of land uses including residential areas, commercial buildings, La Quinta Park, and La Quinta High School. The southwestern corner of the La Quinta High School baseball field is immediately adjacent to the northeastern corner of the project site. Therefore, there would be no impacts in this regard. Page 11 of 64 ""• 253 Initial Stud, Adams Street Bridge Improvement Project Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation X of the applicable air quality plan? b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net X increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial X pollutant concentrations? e) Create objectionable odors affecting a X substantial number of people? The following analysis related to air quality includes information from the PM Conformity Hot Spot Analysis — Project Summary for Interagency Consultation, prepared for the project, dated January 27, 2009; refer to Appendix B. a) Conflict with or obstruct implementation of the applicable air quality plan? The project site is located with in the Salton Sea Air Basin and is subject to the Air Quality Management Plan (AQMP) prepared by the South Coast Air Quality Management District (AQMD). The AQMD prepares the AQMP For the air quality improvement to be submitted for inclusion in the State Implementation Plan (SIP). The Final 2007 Air Quality Management Plan (AQMP) is designed to meet both state and federal Clear Air Act planning requirements for all areas under AQMD jurisdiction, including the Salton Sea Air Basin. The proposed project is to remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The proposed project will enhance the traffic flow through the area by providing an elevated path of travel, above water overflow, across the Whitewater River. The current use of the site would not be altered from an existing roadway. As such, the proposed project would not conflict with or obstruct implementation of the applicable air quality plan. No impacts would occur in this regard. Page 13 of 64 254 Initial Stud, Adams Street Bridge Improvement Projea b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. Long -Term (Operational) Emissions. Long-term air emission impacts are those associated with stationary sources and mobile sources related to any change caused by the proposed project. Implementation of the project would not produce an increase in stationary source emissions from existing conditions, nor will a permanent increase in mobile source emissions result from project implementation. Furthermore, the project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. As such, a permanent increase in the number of traffic trips associated with the project is not anticipated. Therefore, long-term impacts are considered less than significant. Short -Term (Construction) Emissions. PM,, refers to suspended particulate matter which is smaller than 10 microns or ten one -millionths of a meter. PM,, arises from sources such as road dust, diesel soot, combustion products, construction operations and dust storms. PM,, scatters light and significantly reduces visibility. In addition, these particulates penetrate into lungs and can potentially damage the respiratory tract. On June 19, 2003 the California Air Resources Board adopted amendments to the statewide 24-hour particulate matter standards based upon requirements set forth in the Children's Environmental Health Protection Act (Senate Bill 25). The Federal 24-hour standard of 150 µg/m3 was retained. The SSAB is currently designated as nonattainment for PMM according to the State standards >PM , Mitigation During Construction The activities associated with the demolition and extraction work that will occur within the CVWD channel may result in short-term air quality impacts associated with PM13 emissions and mitigation to reduce these impacts to less than significant levels would be required. Since PM,, emissions primarily occur during the grading phase of construction, the SCAQMD has established Rule 403 and Rule 402, which reduce the ambient entrainment of fugitive dust, and require that air pollutant emissions not be a nuisance off -site, respectively. During construction, the property owner, developer, and contractors are required to comply with regional rules, which assist in reducing short-term construction -related air pollutant emissions. Rule 403 requires that fugitive dust be controlled with the best available control measures in order to reduce dust so that it does not remain visible in the atmosphere beyond the property line of the proposed project. The applicable control measures target various construction operations such as backfilling, clearing and grubbing, crushing, cut and fill, demolition, earth -moving activities, bulk material import and export, construction staging, stockpiles/bulk material handling, trenching, and loading. These measures suggest methods such as covering stockpiles with tarps, and the application of water to stabilize materials. Rule 403 also prohibits projects from allowing track -outs to extend 25 feet or more in cumulative length from the point of origin from an active operation. All track -outs are required to be removed at the conclusion of each workday or evening shift. Any projects with a disturbed surface area of five or more acres or with a daily import or export of 100 cubic yards or more of bulk materials must utilize at Page 14 of 64 255 Initial Stud, Adams Street Bridge Improvement Projea least one of the specified track -out control measures at each vehicle egress from the site to a paved public road. The specified track -out control measures consist of installation of washed gravel pads, paving project ingress/egress, wheel shakers, wheel washing systems, and any other approved control measures. In addition the project will be required to be consistent with the requirements of Chapter 6.16 Fugitive Dust Control of the City of La Quinta Municipal Code. The Fugitive Dust Ordinance is based upon the Coachella Valley Dust Control Handbook. The Fugitive Dust Ordinance requires the submittal and approval of a fugitive dust control plan to the City of La Quinta. The ordinance also includes specific control requirements for dust -generating activities on a project site. Implementation of the recommended Mitigation Measure AQ1 and AQ2, regarding dust control techniques (e.g., daily watering), limitations on construction hours, and adherence to standard construction practices (watering of inactive and perimeter areas, track -out requirements, etc.), would reduce PM,,, concentrations to less than significant. Construction Equipment and Worker Vehicle Exhaust Construction activities will generate combustion emissions from utility engines, on -site heavy-duty construction vehicles, equipment hauling materials to and from the site, and motor vehicles transporting the construction crew. Exhaust emissions during the construction activities will vary daily as construction activity levels change and will result in localized exhaust emissions. However, construction will be short-term and impacts to sensitive receptors (adjacent school) will be minimal and temporary. Construction emissions, therefore, are considered less than significant. Fugitive dust emissions are generally associated with demolition, land clearing, exposure, and cut and fill operations. The proposed project is expected to create minimal fugitive dust as a result of the disturbances associated with the removal of the existing Adams Street low water crossing and the construction of the Adams Street bridge. Construction is short-term and impacts to sensitive receptors will be minimal and temporary. Therefore, impacts associated with fugitive dust are considered less than significant. AQ1 During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering or other dust preventive measures using the following procedures, as specified in the South Coast Air Quality Management District's Rules and Regulations. • All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. • All material transported on -site or off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. • The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. Page 15 off 64 256 Initial Studv Adams Street Bridge Improvement Project ■ These control techniques shall be indicated in project specifications. Compliance with this measure shall be subject to periodic site inspections by the City. • Visible dust beyond the property line emanating from the project shall be prevented to the maximum extent feasible. AQ2 All trucks that are to haul excavated or graded material shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds far ozone precursors)? Less Than Significant Impact. The project is located in a nonatttainment area for Ozone (Os) and particulate matter (PM,,). The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. As such, post construction activities related to the project will not contribute a net increase of any criteria pollutant. Therefore, there will be no cumulatively considerable net increase of the criteria pollutants that are in nonattainment status in the Basin and impacts would be considered less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. The area surrounding the site supports a variety of land uses including residential areas, commercial buildings, La Quinta Park, and La Quinta High School. The southwestern corner of the La Quinta High School baseball field is immediately adjacent to the northeastern corner of the project site. The construction contractor will implement measures to reduce or eliminate emissions by following standard construction practices. In addition, an increase in emissions from exiting levels would only occur during construction activities and will cease upon construction completion. As such, the proposed project will not result in substantial air pollutant emissions and will not expose any sensitive receptors to substantial pollutant concentrations. Therefore, anticipated impacts are considered to be less than significant, and no mitigation is necessary. e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact. Some objectionable odors may emanate from the operation of diesel - powered construction equipment during the removal of the existing roadway and construction of the new overcrossing. These odors, however, would be limited to the short-term construction period. Due to the limited scope of the project and type of activity expected during construction, there will be a minimal amount of diesel emissions. Potential impacts, therefore, are considered to be less than significant, and no mitigation is required. Page 16 of 64 257 Initial Studv Adams Saw Bridge Improvement Projea Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally X protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of X any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances X protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted X Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The following analysis related to biological resources includes information from the Natural Environmental Study —Minimal Impacts (NES-MI), prepared for the project, dated March 2009; refer to Appendix C. Page 17f64 " 258 Initial Stuch Adams Street Bridge Improvement Project a) Have a substantial adverse effect, either directly or through habitat notifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Sensitive Species Less Than Significant With Mitigation. Implementation of the project would not affect any special interest plan communities or federal/State listed species. However, the project site contains potentially suitable habitat for the western burrowing owl, a state species of concern, which is protected by the California Fish and Game Code and the Migratory Bird Treaty Act. Impacts to the burrowing owl and/or suitable habitat would be considered significant and would require mitigation. In order to reduce potential impacts to less than significant levels the following mitigation measures would be implemented: Mitigation Measures: All native nesting birds are protected by the MBTA. To comply with the MBTA and the Fish and Game Code a qualified biologist will be needed to conduct preconstruction clearance surveys for active bird nesting immediately prior to any clearing of vegetation. This is necessary to ascertain definitively whether any raptors or other migratory birds are actively nesting in the BSA. During the clearance surveys, the location of any active bird nests will be mapped by the biologist, and an appropriate buffer (e.g., S00-ft buffer for raptors) where work will not take place will be established and monitored. The buffer will be delineated by roping or flagging the boundaries and will remain in place until either the nest is abandoned or the young have fledged. The limits of the buffer can be adjusted to reduced radius if the observations of the project biologist indicate that a reduced radius will not result in an adverse effect on nesting raptors. Implementation of this mitigation measure will reduce impacts to less than significant levels. Invasive Species Less Than Significant With Mitigation. Implementation of the proposed project has the potential to spread invasive species by the entering and exiting of_construction equipment contaminated by invasive species, by the inclusion of invasive species in seed mixtures and mulch, and by the improper removal and disposal -o£ invasive species so that seed is spread along the highway. The improper removal an disposal of invasive species would result in a significant impact. In order to reduce potential impacts to less than significant the following mitigation measure will be required. Mitigation Measures: The following measures will be implemented as part of the project to minimize and avoid the potential spread of invasive species from or into the project area: • Before mobilizing to arrive at the site and before leaving the site, construction equipment will be cleaned of mud or other debris that may contain invasive plants and/or seeds and inspected to reduce the potential of spreading noxious weeds. •- Trucks with loads carrying vegetation shall be covered and vegetative materials removed from the site shall be disposed of in accordance with all applicable laws and regulations. Implementation of this mitigation measure will reduce impacts to less than significant levels. Page 18 of 64 'Op.. J 259 Initial Studi Adams Street Bridge Improvement Project b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Less Than Significant with Mitigation. The project will result in permanent impacts to 0.05 acre of potential jurisdictional waters of the United States (WoUS)/Streambed subject to the United States Army Corps of Engineers (Corps) and the California Department of Fish and Game (CDFG) regulatory authority. In addition the project will temporarily affect 7.19 acres of waters of the U.S./Streambed. Of the 7.19 acres, 0.11 acre of wetland waters of the U.S./Streambed will be subject to temporary impacts by the proposed project. permits are anticipated to be required and include a federal Clean Water Act (CWA) Section 404 permit authorization from the Corps, a CWA Section 401 Water Quality Certification from the Regional Water Quality Control Board (RWQCB), and a Fish and Game Code Section 1602 Lake or Streambed Alteration Agreement from the CDFG. In order to reduce potential impacts to less than significant levels the following mitigation measures would be implemented: Mitigation Measures: Impacts to the jurisdictional areas within the project site will require mitigation and authorization from the CDFG prior to construction. The project will provide a net increase of 0.5 acres of jurisdictional streambed within the project area, as well as increase water quality and groundwater recharge, and provide an earthen bottom channel suitable for wildlife use. This net increase of streambed is anticipated -to provide an appropriate level of mitigation for permanent impacts to 0.05 acre of streambed. However, this is subject to CDFG approval. Implementation of this mitigation measure will reduce impacts to less than significant levels. e) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant with Mitigation. The proposed project will result in permanent impacts to 0.05 acre of potential jurisdictional waters of the U.S. In addition, the proposed project will temporarily affect 7.19 acres of WoUS. Of the 7.19 acres, 0.11 acre of wetland waters of the U.S. will be subject to temporary impacts from the proposed project. It is anticipated that a federal Clean Water Act (CWA) Section 404 permit authorization will be required for impacts to WoUS. Therefore, implementation of the proposed project will result in significant impacts unless mitigated. However, it should be noted that the proposed project will have a net benefit to jurisdictional waters within the Whitewater River channel. The proposed project will elevate the roadway and remove approximately 0.55 acre of existing roadway from the Whitewater River channel. As a result, this will create an earthen bottom channel that will increase water quality and groundwater recharge, as well as provide suitable habitat for wildlife use. Mitigation Measures: Impacts to the jurisdictional areas within the project site will require mitigation and authorization from the Corps prior to construction. Removal of approximately 0.55 acre of existing roadway from the Whitewater River channel is anticipated to provide adequate mitigation for impacts jurisdictional WoUS. The roadway removal will provide a net increase of 0.5 acres of jurisdictional waters within the Page 19 of 64 �� '' 260 Initial Studs. Adams Street Bridge Improvement Project project area, as well as increase water quality and groundwater recharge, and provide an earthen bottom channel suitable for wildlife use. However, this is subject to Corps approval. In addition, Section 401 of the federal Clean Water Act requires that any applicant for a federal license or permit for activities resulting in any discharge into navigable waters shall provide the licensing or permitting agency a certification of water quality or waiver from the State in which the discharge originates. In California, the State agency that certifies discharges (or issues waivers) is the State Water Resources Control Board (SWRCB). The SWRCB is divided into local Regional Water Quality Control Boards (RWQCB). The project site is within the jurisdiction of the Colorado River Basin RWQCB (Region 7). Therefore, prior to issuance of a Section 404 authorization or permit, the Corps must receive a certification of water quality or waiver from the Region 7 RWQCB. In addition, because of the drainage located within the biological study area, construction activities should occur outside the rainy season (October to May) to ensure that erosion caused by construction activities does not occur and that sedimentation is not deposited within the storm drain system or any adjacent drainages. A Storm Water Pollution Protection Plan (SWPPP) should be prepared and best management practices (BMPs) should be put in place, as may be required by the RWQCB. Implementation of the above mitigation measures would reduce potentially significant impacts as a result of project implementation to less than significant. d) Inte fere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. There are no wildlife corridors or nursery sites on or within the vicinity of the project site, and the project would not interfere with the movement of any native resident or migratory fish or wildlife species. Therefore, there are no impacts related to this issue, and no mitigation is required. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. There are no local policies or ordinances protecting biological resources found on site. Therefore, there are no impacts related to this issue, and no mitigation is required., f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Than Significant Impact. The proposed project lies within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Area; however, it does not lie within a Conservation Area. The project is a regional road project that is considered a covered activity as identified in Section 7.2.3 of the CVMSHCP. Covered activities are provided take authorization under the CVMSHCP and must comply with mitigation measures described in Section 4.4 of the CVMSHCP. The project requires no additional mitigation measures and is consistent with the provisions of the CVMSHCP. In addition, as a permtttee, the City of La Quinta is obligated to acquire land and fund the monitoring program, management program, and adaptive management as described in Section 6.6.1 of the CVMSHCP. Page 20 of 64 261 Initial Study Adams Street Bridge Improvement Project Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the X significance of a historical resource as defined in ' 15064. S? b) Cause a substantial adverse change in the X significance of an archaeological resource pursuant to ' 15064. S? c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those X interred outside of formal cemeteries? a) Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? No Impact. The historic resources identified in the records and literature review for the project included 16 archaeological sites (9 foundations/features, six refuse scatters and a road) as well as I pre-1963 residences. The sites documented within and adjacent to the APE are not listed in any of the registers, directories, or historic properties database at the EIC. In addition, per the Historical Properties Survey Report (HPSR) prepared for the project, as assigned by the Federal Highway Administration (FHWA) Caltrans has determined a finding of No Historic Properties affected. Therefore, there are no impacts in this regard. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? Less Than Significant Impact with Mitigation. As identified in the Archaeological Survey Report (ASR) prepared for the project, one archaeological resource (CA-RIV-2200) was identified within the APE by the archival research mentioned above in response V.a). However, the site was documented as destroyed in 1992 and no traces of it or any other archaeological resources were identified during the survey. The observation that no elements of the site remain was confirmed by the December 2, 2008 survey conducted and reported in the ASR prepared for the project. The ASR determined that the APE was covered by modern development, gravel, and concrete, containing little or no exposed native soil. However, the potential for undiscovered cultural materials may be unearthed during construction. Impacts to undiscovered culture resources would be significant and Mitigation would be required. Page 21 of 64 �.�: 262 Initial Studv Adams Street Bridge Improvement Projea Mitigation Measures: If cultural materials are discovered during construction, all earth -moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can assess the nature and significance of the find. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Less than Significant with Mitigation. Paleontological resources are fossilized remnants of prehistoric plants or animals preserved in solid or rock layers over time. Fossils and trace fossils are typically preserved in sedimentary rock units, typically in fine -to -medium -grained marine lake and stream deposits such as limestone, sandstone, or shale, and in ancient soils. Undiscovered paleontological resources may be present on the project site. Impacts to a paleontogical resource would be considered significant and mitigation would be required. Mitigation Measures: Refer to the mitigation measure provided in V.a) above. d) Disturb any human remains, including those interred outside of formal cemeteries? Less than Significant with Mitigation. No conditions exist that suggest human remains are likely to be found on the Project site. It is not anticipated that implementation of the project would disturb human remains, including those interred outside of formal cemeteries. If human remains were discovered, those remains would require proper treatment in accordance with applicable laws. Impacts to human remains would be considered and mitigation would be required. Mitigation Measures: If human remains are discovered, State Health and Safety Code Section 7050.5 states that further disturbances and activities shall cease in any area or nearby area suspected to overlie remains, and the County Coroner contacted. Pursuant to Public Resources Code Section 5097.98, if the remains are thought to be Native American, the coroner will notify the Native American Heritage Commission (NAHC) who will then notify the Most Likely Descendent (MLD). At this time, the person who discovered the remains will contact the District Environmental Branch so that they may work with the MLD on the respectful treatment and disposition of the remains. Further provisions of PRC 5097.98 are to be followed as applicable. Page 22 of 64 ••- 263 Initial Studv Adams Street Bridge Improvement Project Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential X substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? X in) Seismic -related ground failure, X including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or the loss X of topsoil? c) Be located on expansive soil, as defined in X Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? d) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Page 23 of 64 '64.. 264 Initial Studv Adams Street Bridge Improvement Prolea Less Than Significant Impact. The City of La Quinta, similar to the majority of Southern California is located in a seismically active area. As illustrated on the California Department of Conservation Division of Mines and Geology map Q-34, the City of La Quinta is located approximately 1S kilometers (9 miles) from the San Andres Fault; refer to Figure 3, Active Fault Near -Source Zone. No known faults cross the City; therefore, there is a low potential for surface rupture. The State has not established any Alquist-Priolo Earthquake Fault Zones in the City and the project is not affected by, or in proximity to, any Alquist-Priolo Zone. The project is not anticipated to expose people or structures to rupture of a known earthquake fault. Therefore, impacts would be less than significant in this regard. ii) Strong seismic ground shaking? Less Than Significant Impact. Although the project site is not located within a designated Alquist-Priolo Zone, the region has experienced earthquake activity in the past. A major earthquake associated with any of the faults in the region could result in moderate to severe ground shaking. Damage to the Adams Street Bridge Crossing could be expected as result of ground shaking during a strong seismic event in the region. All structures must comply with the seismic requirements of the Uniform Building Code and recommended engineering design measures. Compliance with these standards is anticipated to limit hazards from seismic ground shaking to less than significant levels. Therefore no mitigation is required. iii) Seismic-relatedgroundfailure, including liquefaction? Less Than Significant Impact. Liquefaction occurs when loose, unconsolidated, water - laden soils are subject to shaking, causing the soils to lose cohesion. Liquefaction occurs primarily in areas of recently deposited sands and silts and in areas of high groundwater levels. The project site is not located in a State -defined liquefaction hazard zone (Seismic Hazards Zonation Program (SHZP), February 27, 2008). However the project site is located in a river wash and contains recently deposited sands and silts. All structures must comply with the seismic requirements of the Field Act, Uniform Building Code, and the recommended engineering design measures. Compliance with these standards is anticipated to limit hazards from seismic ground failure, including liquefaction, to less than significant levels. iv) Landslides? No Impact. The project site is located in the Whitewater River wash. The white water river wash does not contain steep slopes that would be susceptible to landslides. Therefore, no impacts would occur in this regard. b) Result insubstantial soil erosion or the loss of topsoil? Less Than Significant Impact. Construction of the overcrossing would occur on soils that have previously been disturbed by the construction of the Adams Street roadway. As such, the project would not disturb or expose topsoil to erosion. It should be noted that the roadway removal associated with the construction of the overcrossing will provide a net increase of O.S acres of pervious surface within the project area, as well as increase water quality and groundwater recharge. Soils disturbed during Page 24 of64 "0... 265 Initial Stud,Adams Street Bridge Improvement Project construction would be saturated with water and would not pose significant erosion concerns. The use of standard erosion control measures, as described below, during construction would reduce potential impacts to a less than significant level. Therefore, no mitigation is required. BMPs and Erosion Control Measures • Regularly water the construction site. • Apply erosion control measures such as mulch and fiber rolls to exposed slopes from erosion prevention, if necessary. • Use grading and landscaping methods that lower the potential for downstream sedimentation. ■ Ensure that structural erosion and sediment transport control measures are ready for implementation prior to the onset of the first major storm of the season. ■ Trap sediment before it leaves the site with such techniques as sediment ponds, straw bales, gravel bags or silt fences. c) Be located on expansive soil, as df ned in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Less Than Significant Impact. All structures will comply with the seismic requirements of the Uniform Building Code and engineering design recommendations. Compliance with these standards is anticipated to limit hazards from potentially expansive soils to less than significant levels, and no mitigation is required. d) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The project does not propose to use septic tanks or alternative waste water disposal systems. Therefore, no impacts related to this issue are anticipated, and no mitigation is required. Page 25 of 64 266 Initial Studt. Adams Street Bridge Improvement Proyea Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the public or X the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or X the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a X list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land X use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private X airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? Page 26 of64 '7 261 Initial Soalr Adams Street h) Expose people or structures to a significant X risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The following analysis related to hazards and hazardous materials includes information from the Phase I — Initial Site Assessment, prepared for the project, dated February 2009; refer to Appendix D. a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. Development and operation of the project would not involve the routine use of substantial quantities of chemical agents, solvents, paints, or other hazardous materials. Therefore, no impacts are anticipated. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant with Mitigation. Adams Street was constructed in 1992/1993 (post- 1978); therefore, the potential for lead -based paints (LBPs) to be present onsite is low. However, LBPs were commonly used in lead chromate pigment for yellow traffic striping/marking materials and hot -melt Thermoplastic strip materials prior to discontinuation in 1996 and 2004, respectively. Due to the age of Adams Street (1992/1993), the potential exists for elevated levels of lead and chromium to be present onsite in association with onsite traffic striping. In addition, the potential exists for hot -melt Thermoplastic stripe materials, since their discontinuation did not occur until alter the construction of Adams Street. If during the removing the existing Adams street crossing accidentally released these materials into the environment a significant impact would occur and mitigation would be required. Mitigation Measures: Should the construction activities associated with the project result in the removal of yellow traffic striping/marking materials or hot -melt thermoplastic traffic stripes within the subject site, the generated wastes shall be disposed of to an appropriate, permitted disposal facility. • If unknown wastes or suspect materials are discovered during construction by the contractor which he/she believes may involve hazardous waste/materials, the contractor shall: o Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; o Notify the Project Engineer of the implementing agency; o Secure the areas as directs by the Project Engineer; and, o Notify the implementing agency's hazardous Waste/Materials Coordinator. Page 27 al'6A �.., '268 Ivitial Study Adams Street Bridge Improvement Project Implementation of the above mitigation measures would reduce potential impacts in this regard to less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? Less Than Significant with Mitigation. The project is located adjacent to La Quinta Highschool. As stated above, due to the age of Adams Street (1992/ 1993), the potential exists for elevated levels of lead and chromium to be present onsite in association with onsite traffic striping. In addition, the potential exists for hot -melt Thermoplastic stripe materials, since their discontinuation did not occur until alter the construction of Adams Street. If during the removing the existing Adams street crossing accidentally released these materials into the environment a significant impact would occur and mitigation would be required. Mitigation Measures: • Should the construction activities associated with the project result in the removal of yellow traffic striping/marking materials or hot -melt thermoplastic traffic stripes within the subject site, the generated wastes shall be disposed of to an appropriate, permitted disposal facility. • If unknown wastes or suspect materials are discovered during construction by the contractor which he/she believes may involve hazardous waste/materials, the contractor shall: o Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; o Notify the Project Engineer of the implementing agency; o Secure the areas as directs by the Project Engineer; and, o Notify the implementing agency's hazardous Waste/Materials Coordinator. Implementation of the above mitigation measures would reduce potential impacts in this regard to less than significant. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Less than Significant Impact. Available public records, provided by Environmental FirstSearch (EFS), were reviewed on May 7, 2008. The lists that were reviewed identified no regulatory sites reported within the boundaries of the project site. The lists identified five off -site regulatory properties located within a one -mile radius of the project site. A potential recognized environmental condition (REC) on the project site caused by one of these properties is considered low due to the groundwater flow direction from the subject site, proximity to the subject site, and the status of the identified sites. Additionally, an REC on this subject site caused by one or more of the report Orphan Sites located within the vicinity of the project is considered to be low due to the distance from the subject site and/or the status of the identified sites. Therefore, impacts are less than significant in this regard. Page 28 of 64 269 Initial Stud; - Adams Street Bridge Improvement Project e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. The project is not located within two miles of an airport, or within an airport land use plan. Therefore, there are no impacts related to this issue. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. The project is not located within the vicinity of a private air strip. Therefore, there are no impacts related to this issue. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact with Mitigation. Construction activities related to the project will have a temporary construction -related effect on the roadway, as project construction would require intermittent closure of travel lanes. However, one lane would be kept open throughout the duration of project construction allowing for uninterrupted access across the roadway. If the temporary reduction in through lanes resulted in the interference with an adopted emergency plan, significant impacts would result and mitigation would be required. Mitigation Measure: Short-term disruptions to roadway use shall be minimized by a Traffic Management Plan (TMP) to be established by the City prior to construction. This TMP shall consist of prior notices, adequate sign - posting and detours. This TMP shall specify implementation timing of each plan element (prior notices, sign -posting, detours, etc.) as determined appropriate by the City Engineer. Proper detours (if necessary) and warning signs shall be established to minimize short-term disruptions. The TMP shall be devised so that construction shall not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts on circulation. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway, and the project will not alter or change the current use of the project site. In addition, the project is not located within or adjacent to wildlands. Therefore, there are no impacts related to this issue. Page 29 of 64 270 Initial Said, Adams Street Bridge Improvement Project Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste X discharge requirements? b) Substantially deplete groundwater supplies or X interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Place housing within a 100-year flood hazard X area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a 100-year flood hazard area X structures which would impede or redirect flood flows? Page 30 of 64 so... . 271 Initial Studs Adams Street Bridge Improvement Project The following analysis related to hydrology and water includes information from the following documents prepared for the project: Location Hydraulic Study Form, dated March 2009, Summary Floodplain Encroachment Report, dated March 2009, and Project Specific Water Quality Management Plan, dated March 2009; refer to Appendix E. a) Violate any water quality standards or waste discharge requirements? Less than Significant Impact. The Whitewater River Strom Water Channel, also known as the Coachella Valley Stormwater Channel (CVSC) is listed in the California "2006 Clean Water Act Section 303(d) List of Water Quality Limited Segments Requiring TMDLs" as being impaired for Pathogens and Toxaphene; the Salton Sea is impaired for Nutrients, Salinity, and Selenium. Runoff from the project would be discharged directly to a publicly -owned, operated and maintained MS4. The anticipated discharge from the project is in full compliance with requirements for connections and discharges to the MS4 (including both quality and quantity requirements). In addition the anticipated discharge from the project would not significantly impact stream habitat in proximate Receiving Waters, and the discharge is authorized. Therefore the project would not violate water quality standards or waste discharge requirements. In addition, demolition of the existing roadway and replacement with a bridge will ultimately restore the Whitewater River Stormwater Channel to a state similar to its "natural" condition (excepting bridge piers, abutments, and slope protection). The net effect of replacing the roadway with a bridge is that while runoff from the roadway will remain essentially constant, the potential for infiltration to the channel bed and banks (and therefore flow reduction) will be increased. In addition, the project includes Best Management Practices (BMPs) that will reduce runoff by minimizing impervious footprint, and restoring natural areas. Furthermore, the proposed combination catch basin/drywell treatment Best Management Practice (BMP) included in the project is designed to infiltrate the "first flush" water quality event and to provide some trash, debris and coarse sediment removal. Therefore, impacts were determined to be less than significant. b) Substantially deplete, groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. The project does not proposed a change in the existing land use, including the use of groundwater. The project would not reduce the volume in the groundwater basin because the project does not create a new demand for groundwater resources. In addition, the roadway will be elevated, and as a result, will create an earthen bottom channel that will increase water quality and groundwater recharge, as well as provide suitable habitat for wildlife use. Therefore, there are no impacts related to this issue. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? Less Than Significant. After demolition of the roadway, the Coachella Valley Stormwater Channel will be restored to a condition that promotes the proper functioning of the channel. Slopes/channel banks at each abutment and bridge piers will be stabilized and protected to prevent erosion. Therefore, impacts were determined to be less than significant. Page 31 of 64 272 Initial Adams Street d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? No Impact. Demolition of the existing roadway and replacement with a bridge will ultimately restore the Whitewater River Stormwater Channel to a state similar to its "natural" condition (excepting bridge piers, abutments, and slope protection). The net effect of replacing the roadway with a bridge is that while runoff from the roadway will remain essentially constant, the potential for infiltration to the channel bed and banks (and therefore flow reduction) will be increased. In addition, the project includes Best Management Practices (BMPs) that will reduce runoff by minimizing impervious footprint, and restoring natural areas. To the maximum extent practicable for such a small project site, imperviousness has been minimized by reducing lane widths to the minimum allowable, given the site constraints (connections to existing roadway infrastructure at either end of the bridge). Therefore, there are no impacts related to the rate or amount of runoff that would result in flooding. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff.. Less Than Significant Impact. Demolition of the existing roadway and replacement with a bridge will ultimately restore the Whitewater River Stormwater Channel to a state similar to its `natural" condition (excepting bridge piers, abutments, and slope protection). As stated above the project would not violate water quality standards or waste discharge requirements and will not increase the amount of rate of runoff from the project site. In addition, BMPs have been included in the project design to remove pollutants from stormwater runoff. Therefore, impacts from runoff water that would exceed the capacity of an existing or planned storm drain system or provide substantial additional sources of polluted runoff would were determined to be less than significant. f) Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The project does not include housing or structures that would be affected by flooding or the failure of a levee or dam. Therefore, there are no impacts related to this issue. g) Place within a 100 year flood hazard area structures which would impede or redirect flood flows? Less Than Significant Impact. The project site is located within a floodplain, the Whitewater River Storm Water Channel; refer to Figure 4,100 Year Flood Zone. The existing Adams Street crosses this channel. The current configuration has a high risk of injury, death, or destruction of property (particularly flooding of vehicles attempting to cross) during precipitation events. The current configuration also restricts access to a school adjacent to the crossings, as well as restricting traffic flow across the Whitewater River and adversely impacting local traffic when the channel has flow. The project would provide an elevated crossing of the Whitewater River during such precipitation events. The project would also provide an elevated access route to the school and would eliminate the existing need to provide a barrier and/or reroute traffic to an alternative crossing location when Adams Street was flooded. The proposed project will elevate the roadway and remove approximately O.SS acre of existing roadway from the Whitewater River channel. Currently during large precipitation events the existing roadway impedes the flow of the Whitewater River. The roadway will be elevated, and as a result, will create an earthen bottom channel that will increase water quality and groundwater Page 32 of 64 1 273 Initial Stud}' Adams Street Bridge Improvement Project recharge, as well as provide suitable habitat for wildlife use. Therefore, impacts were determined to be less than significant. Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? b) Conflict with any applicable land use plan, X policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? a) Physically divide an established community? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. Therefore, because the project will not change the character of the site, it would not divide an established community or intrude on other existing land uses. No impacts would occur in this regard. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. In addition, the project is consistent with City's adopted Capitol Improvement Plan, which implements the City's General Plan. Therefore, there are no impacts in this regard. Conflict with any applicable habitat conservation plan or natural community conservation plan? Less Than Significant Impact. The proposed project lies within the Coachella Valley Multiple Species Habitat_ Conservation Plan (CVMSHCP) Area; however, it does not lie within a Conservation Area. The project is a regional road project that is considered a covered activity as identified in Section 7.2.3 of the CVMSHCP. Covered activities are provided take authorization under the CVMSHCP and Page 33 of 64 •• 274 Initial Studi Adams Street Bridge Improvement Project must comply with mitigation measures described in Section 4.4 of the CVMSHCP. The project requires no additional mitigation measures and is consistent with the provisions of the CVMSHCP. In addition, as a permittee, the City of La Quinta is obligated to acquire land and Fund the monitoring program, management program, and adaptive management as described in Section 6.6.1 of the CVMSHCP. Therefore, impacts would be less than significant. Potentially Less Than Less Than No Impact Significant Significantw/ Significant Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known X mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- X important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? This response applies to Questions a and b above. No Impact. The existing site is disturbed and the project does not involve the extraction of minerals and would not impact any known mineral resource recovery sites. In addition, the project is consitstent with the City of La Quinta's adopted CIP implementing the General Plan. As such, the project is consistent with the Local General Plan and would not be in conflict. Therefore,. no impacts are anticipated, and no mitigation measures are required. Page 34 of64 t1'• 275 Initial Studr Adams Street Bridge Improvement Project Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation of X noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of X excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land X use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private X airstrip, would the project expose people residing or working in the project area to excessive noise levels? The following analysis related to noise includes information from the Noise Technical Memorandum, dated February 2009; refer to Appendix F. a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. Noise from construction crew commutes and the transport of construction equipment and materials to the project site and would incrementally raise noise levels on access roads leading to the site. The pieces of heavy equipment for grading and construction activities will be moved on site, will remain for the duration of each construction phase, and will not add to the daily traffic volume in the project vicinity. There is potential for a high single -event noise exposure at a Page 35 of 64 '60..9 276 Initial Adams Street maximum level of 87 A -weighted decibels (dBA) Lmax from trucks passing at 50 ft. However, the projected construction traffic will be minimal when compared to existing traffic volumes on Adams Street, Highway 111, and Westward Ho Avenue, and its associated longer -term (e.g., hourly or daily) noise level change will not be perceptible. Therefore, short-term construction -related worker commutes and equipment transport noise impacts would be less than significant. Short-term noise impact can also be related to noise generated during excavation, grading, and road construction. Construction is performed in discrete steps, each of which has its own mix of equipment and, consequently, its own noise characteristics. These various sequential phases would change the character of the noise generated and, therefore, the noise levels along the project alignment as construction progresses. Despite the variety in the type and size of construction equipment, similarities in the dominant noise sources and patterns of operation allow construction -related noise ranges to be categorized by work phase. Typical noise levels at 50 ft from an active construction area range up to 91 dBA Lmax during the noisiest construction phases. The closest sensitive receptor is the baseball field associated with the La Quinta High School located approximately 300 ft from the project construction boundary. Therefore, these receptor locations may be subject to short-term noise reaching 79 dBA Lmax generated by construction activities. Compliance with the construction hours specified by the City's Municipal Code will reduce the construction noise impacts. In addition, to minimize construction noise impacts to sensitive land uses nearest to the project site, construction noise is regulated by Caltrans Standard Specifications, Section 7-1.011, "Sound Control Requirements," in the Standard Special Provisions, as follows: "Sound control shall conform to the provisions in Section 7-1.011, Sound Control Requirements, of the Standard Specifications and these special provisions. The noise level from the Contractor's operations, between the hours of 9:00 a.m. and 6:00 p.m., shall not exceed 86 dBA at a distance of 50 ft. This requirement in no way relieves the contractor from responsibility for complying with local ordinances regulating noise level. The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to trucks, transit mixer or transient equipment that may or may not be owned by the contractor. The use of loud signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional will be allowed therefor." b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. Groundbourne noise is vibration transmitted through rock or other ground media, similar to noise transmitted via the atmosphere. Post construction project operation would not generate an increase in groundbourne vibration or noise levels from existing conditions. The construction activities may result in a temporary increase in groundborne vibration; however, the noise level is not expected to be excessive, and therefore, impacts related to this issue are less than Significant. Page 36 of 64 .4..� 277 Initial Stud, Adams Street Bridge Improvement Project c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. As such, implementation of the project would not result in an increase in ambient noise levels in the project vicinity above existing noise levels. Therefore, there are no impacts related to this issue. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? - Less Than Significant Impact. As discussed above in item XI Noise a) above, construction -related noise impacts from the proposed project would be higher than existing ambient noise levels in the project area, but would no longer occur once construction of the project is completed. However, the compliance with the City's Municipal Code and Caltrans' Standard Specifications will ensure that temporary ambient noise during construction is avoided or minimized to a less than significant level. Implementation of these measures would reduce impacts from a temporary increase in ambient noise levels to less than significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The project is not located within an airport land use plan or within two miles of a public airport. Therefore, there are no impacts related to this issue. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The project is not located within the vicinity of a private air strip. Therefore, there are no impacts related to this issue. Page 37 of 64 278 Initial $udt. Adams Street Bridge Improvement Project Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an X area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing X housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, X necessitating the construction of replacement housing elsewhere? a) Induce substantial population growth in an area, either directly for example, by proposing new homes and businesses) or indirectly for example, through extension of roads or other infrastructure)? No Impact. The project does not propose new homes or businesses. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The project will not change the existing use of the site and will not result in an extension of Adams Street. Therefore, there are no impacts in this regard. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. There are no residences located on the project site. Therefore, the project will not displace any existing homes or people, necessitating the construction of replacement housing elsewhere. No impacts are anticipated, and no mitigation is required. c) Displace substantial numbers ofpeople, necessitating the construction of replacement housing elsewhere? No Impact. There are no residences located on the project site. Therefore, the proposed project will not displace existing homes or people, necessitating the construction of replacement housing elsewhere. No impacts are anticipated, and no mitigation is required. Page 38 of 64 ..1 279 Initial Studi Adams Street Bridge Improvement Project Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. As such, implementation of the project would not change response times and would not require new or physically altered government facilities because the project would not change the existing conditions related to fire protection services. Therefore, there is no impact in this regard. Police protection? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. As such, implementation of the project would not change response times and would not require new or Page 39 of 64 r.... 280 Initial Studs, Adams Street Bridge Improvement Project physically altered government facilities because the project would not change the existing conditions related to police protection services. Therefore, there is no impact in this regard. Schools? No Impact. The primary purpose and need associated with the improvements to the Adams Street low water crossing is to provide an elevated crossing for vehicles, pedestrians, and bicyclists. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. In addition, no housing would be constructed and therefore implementation would not result in an increase in demand on school facilities. Therefore, there are no impacts in this regard. Parks? No Impact. The primary purpose and need associated with the improvements to the Adams Street low water crossing is to provide an elevated crossing for vehicles, pedestrians, and bicyclists. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. In addition, no housing would be constructed and therefore implementation would not result in an increase in demand for park facilities. Therefore, there are no impacts in this regard. Other Public Facilities? The current use of the site would not be altered from an existing roadway. The primary purpose and need associated with the improvements to the Adams Street low water crossing is to provide an elevated crossing for vehicles, pedestrians, and bicyclists. As such, implementation of the project is not anticipated to impact other facilities. Page 40 f64 281 Q �r... 01 Initial Adams Street Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a) Would the Project increase the use of existing neighborhood and regional Parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? This response is to Questions a and b above. No Impact. The primary purpose and need associated with the improvements to the Adams Street low water crossing is to provide an elevated crossing for vehicles, pedestrians, and bicyclists. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. Therefore, there are no impacts in this regard. Page 41 of 64 �r... 282 Initial Adams Street Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in'air traffic patterns, X including either an increase in traffic levels or a change in location that results in substantial _ safety risks? d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? X f) Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, or X programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Page 42 of 64 "••• 1 283 Initial Adams Street a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agencyfor designated roads or highways? This response applies to Questions a and b above. Less Than Significant Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. Other than a temporary increase in traffic from construction activities, the proposed project is not expected to cause an increase in traffic. Therefore, impacts related to traffic are considered less than significant. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The activities associated with the project are limited to the existing site, which would not affect air traffic patterns or create substantial safety risks. Therefore, there are no impacts related to this issue. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. Therefore there are no impacts in this regard. e) Result in inadequate emergency access? Less Than Significant Impact with Mitigation. Construction activities related to the project will have atemporary construction -related effect on the roadway, as project construction would require intermittent closure of travel lanes. However, one lane would be kept open throughout the duration of project construction allowing for uninterrupted access across the roadway. If temporary reduction in through lanes resulted in the interference with emergency access, significant impacts would result and Mitigation would be required. Mitigation Measure: Short-term disruptions to roadway use shall be minimized by a Traffic Management Plan (TMP) to be established by the City prior to construction. This TMP shall consist of prior notices, adequate sign - posting and detours. This TMP shall specify implementation timing of each plan element (prior notices, sign -posting, detours, etc.) as determined appropriate by the City Engineer. Proper detours (if necessary) and warning signs shall be established to minimize short-term disruptions. The TMP shall be devised so that construction shall not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts on circulation. Page 43 f 64 "~'� 284 Initial Studv Adams Street Bridge Improvement Project f) Result in inadequate Parking capacity? Less Than Significant Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. Other than a temporary increase in traffic and demand for parking during construction activities, the proposed project is not expected to cause a permanent increase in traffic or demand in parking. As such, the project would not result in an inadequate parking supply. Therefore, impacts related to this issue are less than significant. g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. Since the project will enhance the use of alternative transportation the project would not affect polices, plans, or programs affecting alternative transportation. Therefore, there are no impacts related to this issue. Page 44 of 64 ••...^ 285 Initial Studi Adams Street Bridge Improvement Project Potentially Less Than Less Than No Impact Significant Significant w/ Significant Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? b) Require -or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to X serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 0 Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, state, and local X statutes and regulations related to solid waste? a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. As Page 45 of 64 "...0 286 Initial Studt, Adams Street Bridge Improvement Project such, no sewage -generating uses are proposed as a result of implementation of the project. Furthermore, the implementation of the proposed project would not interrupt sewer service. Therefore, there is no impact in this regard. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. As such, implementation of the project would not require the construction of new water or waste water treatment facilities or the expansion for existing facilities. Therefore, there are no impacts in this regard. e) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. Runoff from the project would be discharged directly to a publicly - owned, operated and maintained MS4. The anticipated discharge from the project is in Full compliance with requirements for connections and discharges to the MS4 (including both quality and quantity requirements). In addition the anticipated discharge from the project would not significantly impact stream habitat in proximate Receiving Waters, and the discharge is authorized. Therefore the project would not violate water quality standards or waste discharge requirements. In addition, demolition of the existing roadway and replacement with a bridge will ultimately restore the Whitewater River Stormwater Channel to a state similar to its "natural" condition (excepting bridge piers, abutments, and slope protection). The net effect of replacing the roadway with a bridge is that while runoff from the roadway will remain essentially constant, the potential for infiltration to the channel bed and banks (and therefore flow reduction) will be increased In addition, the project includes Best Management Practices (BMPs) that will reduce runoff by minimizing impervious footprint, and restoring natural areas. Furthermore, the proposed combination catch basin/drywell treatment Best Management Practice (BMP) included in the project is designed to infiltrate the "first flush" water quality event and to provide some trash, debris and coarse sediment removal. Therefore, impacts were determined to be less than significant. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. As such, the project would not demand the use of water. Therefore, there are no impacts in this regard. e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. As such, the project would not demand the use of a wastewater treatment provider. Therefore, there are no impacts in this regard. Page 46 of 64 ,H_.9 287 Initial Stud,, Adams Street Bridge Improvement Project J) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. The proposed project will generate debris that would need to be disposed of during construction activities from the removal of existing overcrossing and the construction of the bridge. The demand for solid waste disposal will temporarily increase during construction. However, the landfill associated with the solid waste disposal generated by the project has sufficient capacity to accommodate the project's increase in solid waste disposal needs. Therefore, associated impacts would be less than significant. g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. The proposed project would comply with current federal, State, and local statutes and regulations related to solid waste. Therefore, there are no impacts related to this issue. Potentially Less Than Less Than No Impact Significant Significantw/ Significant Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? e) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in eormection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Page 47 n'6d 288 Initial Adams Street d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant With Mitigation. Implementation of the project would not affect any special interest plan communities or federal/State listed species. However, the project site contains potentially suitable habitat for the western burrowing owl, a species protected by the California Fish and Game Code and the Migratory Bird Treaty Act. Impacts to the burrowing owl and/or suitable habitat would be considered significant and would require mitigation. In addition, the project will result in permanent impacts to O.OS acre of potential jurisdictional waters of the United States (WoUS)/Streambed subject to the United States Army Corps of Engineers (Corps) and the California Department of Fish and Game (CDFG) regulatory authority. In addition the project will temporarily affect 7.19 acres of waters of the U.S./Streambed. Of the 7.19 acres, 0.11 acre of wetland waters of the U.S./Streambed will be subject to temporary impacts by the proposed project. Permits are anticipated to be required and include a federal Clean Water Act (CWA) Section 4-04 permit authorization from the Corps, a CWA Section 401 Water Quality Certification from the Regional Water Quality Control Board (RWQCB), and a Fish and Game Code Section 1602 Lake or Streambed Alteration Agreement from the CDFG. In order to reduce potential impacts to less than significant levels the Following mitigation measures would be implemented: Mitigation Measures: All native nesting birds are protected by the MBTA. To comply with the MBTA and the Fish and Game Code, vegetation clearing should be restricted to outside the active breeding season (February 15 through August 15) for birds. If vegetation clearing is scheduled during breeding season, a qualified biologist will be needed to conduct clearance surveys for active bird nesting immediately prior to any clearing of vegetation. This is necessary to ascertain definitively whether any raptors or other migratory birds are actively nesting in the BSA. During the clearance surveys, the location of any active bird nests will be mapped by the biologist, and an appropriate buffer (e.g., 500-£t buffer for raptors) where work will not take place will be established and monitored. The buffer will be delineated by roping or flagging the boundaries and will remain in place until either the nest is abandoned or the young have fledged. The limits of the buffer can be adjusted to reduced radius if the observations of the project biologist indicate that a reduced radius will not result in an adverse effect on nesting raptors. Implementation of this mitigation measure will reduce impacts to less than significant levels. Impacts to the jurisdictional areas within the project site will require mitigation and authorization from the CDFG prior to construction. The project will provide a net increase of 0.5 acres of jurisdictional streambed within the project area, as well as increase water quality and groundwater recharge, and provide an earthen bottom channel suitable for wildlife use. This net increase of streambed is anticipated to provide an appropriate level of mitigation for permanent impacts to 0.05 acre of Page 48 of 64 289 initial Studv Adams Street Bridge Improvement Project streambed. However, this is subject to CDFG approval. Implementation of this mitigation measure will reduce impacts to less than significant levels. b) Does the project have the Potential to achieve short-term, to the disadvantage of long-term environmental goals? Less Than Significant Impact. The project will remove the Low Water Crossing and replace with a bridge with no additional travel lanes. The current use of the site would not be altered from an existing roadway. Although potential impacts have been identified, the project would mitigate potential impacts to less than significant levels. e) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental ffects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less Than Significant Impact. The project, in combination with past, present, and reasonably foreseeable projects, is not anticipated to contribute to significant cumulative environmental effects as it will not introduce a new land use or an increase in roadway capacity. In addition, the project will not result in significant unavoidable environmental impacts. Therefore, cumulative impacts are considered less than significant, and no mitigation is required. d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. The proposed project will not cause substantial adverse effects on human beings, either directly or indirectly, since it will comply with all applicable local and state regulations. Design features have been incorporated into the project that will reduce potential impacts on human beings to a less than significant level. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier FIR or negative declaration. Section 1S063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Page 49 of 64 • 290 Initial Studs Adams Street Bridge Improvement Project 5.0 REFERENCES 5.1. ENVIRONMENTAL EVALUATION PERSONNEL RBF CONSULTING Ms. Lorraine Ahlquist, Environmental Analyst, Environmental Services Ms. Monica Kling, Environmental Analyst LEAD AGENCY City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 5.2. REFERENCE DOCUMENTS The following references were utilized during preparation of this Initial Study/Negative Declaration. Area Designations for State and National Ambient Air Quality Standards, California Air Resources Board, August 24, 2006. CEQA Air Quality Handbook, South Coast Air Quality Management District. April 1993. City of La Quinta, Capital Improvement Program, Fiscal Year 2007/2008 through 2011 /2012, Final March 1, 2007. City of La Quinta, General Plan March 20, 2002. Department of Conservation, California Geological Survey website www.consrv.ca.gov Final 2007 Air Quality Management. Plan, South Coast Air Quality Management District, June 1, 2007. Location Hydraulic Study Form, EA BR-NBIL (403), Bridge No. 00-L-0034, Whitewater River Storm Water Channel, March 2009. Natural Environmental Study — Minimal Impacts (NES-MI), Adams Street/Whitewater Bridge Crossing Project, City of La Quinta, Riverside County, District 8-RIV, EA No. 08-925032L, March 2009. Noise Technical Memorandum, Adams Street Bridge Improvement Project, City of La Quinta, California, EA 08-925032L, February 3, 2009. Phase 1 — Initial Site Assessment, Adams Street Bridge Replacement Spanning the Whitewater River, February 2009. PM Conformity Hot Spot Analysis — Project Summary for Interagency Consultation, RTIP ID# 3A07062, dated January 27, 2009 Page 50 of 64 '4• • � 29, Initial Studr Adams Street Bridge Improvement Project Project Specific Water Quality Management Plan, Adams Street Bridge, La Quinta, CA, March 20, 2009. Summary Floodplain Encroachment Report, Project No. BR-NBIL (503), Bridge No. 00-L-0034, Whitewater River Storm Water Channel, March 2009. Visual Impact Assessment Guide, Adams Street Bridge project in the City of La Quinta, BR-NBIL (503), 2009. Page 51 f 64 292 Initial THIS PAGE INTENTIONALLY LEFT BLANK. Page 52 of 64 Adams Street 293 n.. A ye`YC.,cn. Ontario t i.� Mission Vleja r 111. 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Lakeside 4 Santee — EI Cajon AIP�ne Pine Valley x 4a Mesa "iffO ^x San Diego Point Loma „t- Nalicnsl City Coronado China Vista u S.n H Regional Vicinity Map Figure x Adams Street Bridge Improvements wx�. z;rwxx,x>i7rwxx4':.a Not to Sale 294 b ub, p154eS;/':1.:4eiintt pal ' 297 kidal Stud), Adams Street Bridge Improvement Project COMMENTS AND RESPONSES TO COMMENTS The Draft Initial Study/Negative Declaration was publicly circulated from June 23, 2009 through July 23, 2009, to solicit comments on the project from the general public, as well as from elected officials, federal, state and local agencies, and planning groups. A copy of the Draft IS/ND and all technical studies were displayed and available to the public at the City of La Quinta (78-49S Calle Tampico, La Quints, CA 922S3) during the entire public review period. Prior to the first day of public circulation, a copy of the Public Notice of Availability of the Draft IS/ was mailed to all residents listed on the mailing list provided by the City of La Quinta. A copy of the Draft IS/ND and Public Notice of Availability were submitted to all agencies listed on the mailing list. In addition, copies of the Draft IS/ND and all technical studies were provided to the Governor's Office of Planning and Research (State Clearinghouse) per CEQA requirements, and to the Department. A total of three (3) letters were received From June 23, 200 through July 23, 2009. All comments were deemed to be substantive, and responses to all comments were provided. FORMAT OF RESPONSES TO COMMENTS Individual points within each comment letter are numbered along the right-hand margins of each letter. Comments not requiring any response are not numbered. The responses to each comment letter immediately follow each letter and are referenced by the index numbers in the margins. The format of the responses below is based on a unique letter and number code for each comment. The number at the end of the code refers to a specific comment within the individual letter. Therefore, each comment has a unique code assignment. For example, A -I is the first substantive comment in letter A. Below is an index list of the agencies, groups, and persons who commented on the Draft IS/EA prior to the close of the public comment period. Each comment letter received is indexed with a number below. INDEX OF COMMENTS RECEIVED The following is an index list of the agencies, groups, and persons who commented on the Draft Initial Study/Environmental Assessment (IS/EA) prior to the close of the public comment period. Each comment letter received is indexed with a number below. Letter Name Date A Coachella Valley Water District July 20, 2009 B Sun Line Transit Agency July 14, 2009 C Soboba Band of Luiseno Indians June 30, 2009 Pagc l of 7 298 Daeesors' Polkks A town. PresiueM peter Nelson. Mee "s mnl Tells, Cosows John W. McFadden Russell latoham Brian McKinney, Principal Engineer City of La Quinta 78-495 Calle Tampico, La Quints, CA 92253 Dear Mr. McKinney: Gotta/Study Adnms.Strect Bridge (mpro,-cmcnt Project COMMENT LETTER A . ,TAR Established In 1918 as a public agency 4 Coachella Valley Water District /STRIG" PUBLICL'�CRKS officSteven 6, R000ins. Gemml Manages Chief Enineer JuUo Ferrmnaes, Secsem'y OW pa,", usl. Gomm] Manager Re me ono sheriff, AmmeYs July 20, 2009 RECEIVED JUL 2 A 2059 File: 0121.227 1150.14 Thank you for affording the Coachella Valley Water District (CV WD) the opportunity to review the Draft Mitigated Negative -Declaration(MND) for the Adams Street Bridge Improvement Project in La Quinta. CV WD provides domestic water, wastewater; recycled water, irrigation/drainage, regional stormwater protection and groundwater management services to a population of 265,000 throughout the Coachella Valley in Southern California. At this time, CV WD submits the following Comments regarding the proposed project: I. The "Whitewater River' becomes the "Coachella Valley Storm Water Channel' at A_ Washington Street. The proposed project crosses the Coachella Valley Storm Water Channel. Please revise the draft MND accordingly. 2. Pane 31 Section Vlll (a) Hvdrolosiy and Water Ouality - It is recommended that the proposed catch basirvdrywell treatment used to infiltrate the first flush storm water use a %-2 design that provides infiltration facilities that have depths that are less than maximum surface dimension to minimize potential impacts to groundwater quality. Ifyou have any questions, please contact Luke Stowe, Senior Environmental Specialist, at extension 2545. LS:ntthaie.W gplN"re kinrwy-W Yours very truly, Mark L. ohnson Director of Engineering Page 2 or " 1 299 Initial Stud}' Adams Strcrt Bridge Improvement Project COACHELLA VALLEY WATER DISTRICT A-1 A-2 Comment noted. The reference to the "Whitewater River" has been changed to the "Coachella Valley Storm Drain" as requested. Comment noted. The referenced catch basin/dry well is proposed as a water quality treatment best management practice, applied in this project to meet water quality treatment requirements. In a follow-up conversation with Steve Ripley, a water quality specialist for CVWD, he clarified that his primary motive in providing the comment is to make the City of La Qunta completely aware of the potential liability invoked in using the proposed combination catch basin/dry well. To that end, the following summary provides a thorough explanation of the potential liability associated with use of the proposed water quality treatment BMP. The proposed dry well classifies as a "Class V Injection Well', in that its depth exceeds its maximum surface dimension. In California, Class V Injection Wells fall directly under the jurisdiction of the United States Environmental Protection Agency, Region 9. As Class V Injection Wells, the proposed drywells must comply with the Underground Injection Control (UIC) regulations, which require: I. That the owner of the injection well registers it with EPA Region 9, and That the well will not contaminate drinking water. The registration form is attached was previously provided in Appendix F of the project Water Quality Management Plan. Also an EPA notice on "Municipal Storm Water and Ground Water Discharge Regulations in California' provides additional information regarding storm water wells. Once the well has been registered, the major risk in using the dry well is that EPA Region 9 may intervene under a number of circumstances, including: l . If the EPA believes the well poses a risk to a drinking water source, they may require the submittal of additional information regarding the well, 2. If the EPA determines that the well may "endanger USDWs (Underground Sources of Drinking Water)" the well owner may be required to obtain a discharge permit, which may require monitoring of fluids entering the well. 3. If the Underground Injection Control (UIC) program director ultimately determines that the well is endangering a USDW, then the EPA will require the well to be closed. At that point the EPA may also require remediation of any contaminated groundwater and/or soils, a process that is typically quite costly. Page 3 n/ 7 ��: - 300 Fnitia/Stud y Adams Street Bridge Improvement Project In addition to the possible actions by the EPA listed above, the Colorado River Basin Regional Water Quality Control Board under the Water Code may "prepare Waste Discharge Requirements for any discharge that may impair beneficial uses of waters of the state." In terms of regulation/permitting for this project, submission of the registration form to EPA Region 9 is the only initial requirement. The registration form is simple and requires information such as the owners name, address, name of the facility, location, and tvpe of discharge. EPA does not currently issue any permit relating to injection wells receiving municipal stormwater. It should also be noted that in a previous communication with the Colorado River Basin Regional Water Quality Control Board (correspondence provided in the Water Quality Management Plan, Appendix F), they noted that the EPA Region 9 has not to date required any stormwater drywells to be subject to a discharge permit or monitoring. Page 4 «..0. 301 Initial Study Adams Strcer Bridyc Improvement Project >Yd 11A IAANSII AGfN APublkApacy July 14, 2009 Mr. Wallace H. Nesbit, Principal Planner Department of Planning City of La Quinta P.O. Box 1504 La Quints, CA 92247 COMMENT LETTER B MEMBERS: (kfM No, Sp ingl palm S": , Capes/.'C", ft-[ Mhage Povv a".11 vo.o .1b La 0„in(a InOb Coo45 alto Rhvlide County Re: Adams Street Bridge Improvement Project Dear Mr. Nesbit: JUL 15 2009 CnY Of lA OVImA PLANNING DEPARTMENT This letter responds to your request for comments regarding the proposed project located along Adams Street, south of Westward Ho Drive and north of Corporate Center Drive, within the County of Riverside. SunLine Transit Agency (SunLine) staff has reviewed the project and offers the following comments. SunLine currently provides direct bus service to the proposed project site along Adams Street on Line 70. Based on our review of existing transit amenities in the vicinity, SunLine has two bus stops adjacent to the proposed development. Bus stop #877 is located at the northeast comer of Adams Street at Westward Ho Drive, traveling northbound, and bus stop #878 is located at the northwest corner of Adams Street at Westward Ho Drive, traveling southbound. Given this, there is no need for the construction of transit amenities, including a bus turnout and bus shelter as part of the proposed development. In addition, should the proposed development impact the bus stop and/or .service provided by SunLine, the developer is required to contact SunLine 15 B- days prior to beginning of construction. This will give SunLine sufficient time to schedule removal of any bus stops, as well as inform passengers of any changes in service. Sincerely, Alfonso Hernandez Assistant Planner cc: C. Mikel Oglesby, General Manager Eunice Lovi, Director of Planning Les Johnson, Planning Director City of La Quinta y- a&Jav 11�'Mq'i Poll i}1ct f 32-505 Harry Oliver Trail, Thousand Palms, California �� 92276 Phone 760-343-3456 Fax 760343-3845 www.suntine.org Pagc Sof7 "� ' 302 lnitia!$ody _ Adoms Strcct.Bridge lmpro�cment Project SUNLINE TRANSIT AGENCY FIN Comment noted, If the proposed project should impact the bus stop and/or service prided by SunLine, SunLine will be contacted 15 days prior to beginning construction. Pq, 6 of 7 • ' 303 Initial Study Adams Street Bridge Improvement Project COMMENT LETTER C RECEIVED June 30, 2009 .Aun: Brian McKinney. Principal Engineer City of La Quinta.. 78-495 Calle Tampico La Quinta,-Ca 92253 Re: Environmental Assessment: 2009-65 Adams Street Bridge Improvement Project 6 F. TUNE 19.1883 The Soboba Rand of Luiseflo Indians appreciates your observance of Tribal Cultural Resources and their preservation in your project. The information provided to its on said project(s) has been assessed through our Cultural Resource Department, where it was concluded that although it is outside the existing reservation, the project area does fall within the hounds of our Tribal Traditional Use Areas. At this time the Soboba Band does not have any specific concerns regarding this project. [SPECIAL NOTE (fur Pm$es oIMY ihan.dll m vunl: If Nis pruls'ul is assedmcd wah a dly a munlY n1a:Clnu PL n or emaxal plan Wi.n it is rvFjcd ¢i aw Pcurisinns M Sn I8-Tredlnrmt Tribal (;ultumi l9Mm claw Mcoim efl'enive lannniy 1, 2f1U5) mat will mnuim du City+rt emmrywpalieiQmC informal, 6ovenuncn(-IaCar mePrnmuohaiinn w'iN lFe Tril' 11the crcywvmmY wv Your dkM, ynn nuy wish m FURc iM:ni aware u(lph le[luircn¢at. BY law, ihcyam nNuimd to CmUca lln 1'ril> . Sincerely, Josep .Ontiveros Soboba Cultural Resource Department P.O. Box 487 San Jacinto, Ca 92581 Phone (951) 654-5544 exi. 4137 Cell (951) 663-5279 'ogti,yero saboba-nsn.eos Pape 7of7 1 304 o``La coo Cf O � � �WNNW u - 5 S,y oF'fHEO AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 15, 2009 BUSINESS SESSION: ITEM TITLE: Approval to Authorize Staff to Procure CONSENT CALENDAR: A0 the Traffic Signal Equipment and Poles for the New STUDY SESSION: Traffic Signal at Avenue 52 and Desert Club Drive, Project Number 2008-02 PUBLIC HEARING: RECOMMENDATION: Authorize staff to procure the traffic signal equipment and poles for the new traffic signal at Avenue 52 and Desert Club Drive, Project Number 2008-02. 1 FISCAL IMPLICATION The following is the project's approved funding and funding sources: County Fire Credit Fund Total Funding Available: $430,000 $430,000 Based on the engineer's estimate for the complete project prepared by Willdan Engineering in the amount of $224,655, the following is the estimated project budget: Professional $10,750 Design: $43,000 Inspection/Testing/Survey: $33,325 Construction: $224,655 Administration: $1 18,270 Total: $430,000 As illustrated, adequate funding is available to support staff's recommendation. '"...0 305 CHARTER CITY IMPLICATIONS: The project is funded with County Fire Credit Funds. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvement will add a new traffic signal at the intersection of Desert Club Drive and Avenue 52 at the entrance to the new fire station and corporation yard. 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 Desert Club and Avenue 52 is included within the adopted CIP and scheduled for funding during Fiscal Years 2008-2009. On September 16, 2008, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the PS&E for the new traffic signal at Desert Club Drive and Avenue 52, Project Number 2008-02. On December 2, 2008, the City Council approved a Professional Services Agreement (PSA), in the amount of $18,000, with Willdan Engineering to prepare the PS&E for the new traffic signal at Desert Club Drive and Avenue 52, Project Number 2008-02. On August 4, 2009, the City Council approved the PS&E and authorized staff to advertize for bid the New Traffic Signal at Desert Club Drive and Avenue 52, Project Number 2008-02. The project plans were 95% complete at the time the City Council approved the PS&E and authorized staff to advertise the project for bid. As a result of changes to the entry design of the fire station on the north leg of the intersection completion of the signal design was delayed. The project plans are now complete and ready to advertise. Considering the proposed improvement is a high priority project, staff requests authorization to procure the signal poles and signal equipment separate from the normal bid process. The lead time for signal poles has been 16 to 18 weeks on recent projects. Staff anticipates saving at least 30 days in the completion of the project by purchasing the long lead time items at this time. r 306 The following is the anticipated project schedule: Project is Advertised City Council Awards Contract Sign Contracts and Mobilize Construction Project Closeout FINDINGS AND ALTERNATIVES: September 21 — October 20, 2009 November 3, 2009 November 4 - 20, 2009 November 2009 — January 2010 February 2010 The alternatives available to the City Council include: 1. Authorize staff to procure the traffic signal equipment and poles for the new traffic signal at Avenue 52 and Desert Club Drive, Project Number 2008-02; or 2. Do not authorize staff to procure the traffic signal equipment and poles for the new traffic signal at Avenue 52 and Desert Club Drive, Project Number 2008-02; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. o a so , P. E. ublic Works it or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 307 Twyll 4 4Qubn COUNCIL/RDA MEETING DATE: September 15, 2009 ITEM TITLE: Consideration of a Resolution of the City Council Establishing a Housing Authority in Accordance with the California Housing Authorities Law RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Resolution of the City Council of the City of La Quinta that establishes a housing authority in accordance with the California Housing Authority Law. FISCAL IMPLICATIONS: The Housing Authority will own affordable housing developments that are awaiting final disposition to private or non-profit owners/operators. Staff and management costs associated with these dwellings will be funded from unit rental income; property acquisition and rehabilitation costs will be funded by the La Quinta Redevelopment Agency as part of its requirement to increase and improve housing affordable to very low, low- and moderate -income households. The La Quinta Housing Authority Funds (241 and 242) will need to be established to account for its financial activities. The activities of the Washington Street Apartments, the La Quinta Housing Program and the foreclosed home program will be transferred from the Redevelopment Agency Low and Moderate Income Funds 245 and 246. In addition, Fund 804 will be created to account for the Housing Authority fixed assets that will receive: the assets transferred from the Redevelopment Agency fixed assets in Fund 802. CHARTER CITY IMPLICATIONS: None. 308 BACKGROUND AND OVERVIEW: The La Quinta Redevelopment Agency has a State mandate to increase and improve the supply of housing within the community that is affordable to very -low, low- and moderate -income households. Since 1995, the Agency has purchased land, and facilitated the development or substantial rehabilitation of housing affordable to said households. The California Redevelopment Law ("CRL") guides the Agency's affordable housing initiatives. Per the CRL, the Agency does not have the authority to own and operate rental housing beyond the time reasonably necessary to sell or lease the dwellings. The Agency currently owns 25 single family dwellings in the Cove; it originally purchased 50 homes and has sold them at a rate of two or more per year to either existing occupants or to qualified very -low and low-income households. The Agency also owns the 73 unit Washington Street Apartment complex, which it intends to substantially rehabilitate this fiscal year. In addition, the Agency Board directed staff to implement a foreclosed home purchase and rehabilitation program wherein bank -owned single family homes would be purchased and substantially rehabilitated. While the goal is to subsequently sell these dwellings to low- and moderate -income households, there is a distinct possibility that not all of the substantially rehabilitated dwellings can be sold, due to the current mortgage market. If the Agency was not able to sell these dwellings, the best option for the Agency would be to transfer these properties to a City Housing Authority. The Housing Authority On May 5, 2009, the City Council held a Study Session to evaluate initiating the foreclosed home purchase and rehabilitation initiative. One of the discussion items was forming a housing authority to own these dwellings in case the Agency could not sell them in a reasonable time period. The City Council directed staff to proceed with forming a housing authority. Further, the Council indicated that it would declare the City Council as the housing authority's board of directors, and appoint a housing commission (like a planning commission) of which two members are tenants of housing authority properties. The housing commission would advise the housing authority on matters related to the housing authority's operations. ,. 309 The attached resolution establishes the La Quinta Housing Authority and appoints the City Council as the Housing Authority's governing body. If the City Council approves this resolution, staff will then agendize a series of organizational items including: • Approval of By -Laws and Appointing the City Manager to serve as the Housing Authority's Executive Director, and appointing City staff members to maintain records, establish and maintain the Housing Authority's financial system, and serve as the Authority's staff. • Establishing a housing commission that will advise the Housing Authority regarding operational items. • Transferring title of the 25 Cove homes and the Washington Street Apartments from the Redevelopment Agency to the Housing Authority. • Transferring the property management contracts with La Quinta Palms Realty (Cove homes) and Hyder Property Management (Washington Street Apartments) from the Agency to the Housing Authority. Foreclosed Horne Purchase, Rehabilitation and Sale Staff has identified 30 bank owned properties that would be ideal candidates for the Agency to purchase and substantially rehabilitate. Staff has not yet established a dialogue with the lenders to facilitate the bulk purchase of these units and in researching foreclosures, lenders have not been readily releasing foreclosed units into the market due to current State mandated time periods that a lender must hold foreclosed homes. However, it appears that these time periods will expire in October of this year, which may increase the number of foreclosed homes that will be offered for sale. Staff will be reviewing potential foreclosed home acquisition candidates with the Redevelopment Agency Board at the October 6, 2009 meeting. Staff is currently drafting a master purchase and sale agreement that will implement this program and allow the RDA to pursue acquisitions of bank owned single family homes. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Resolution of the City Council of the City of La Quinta that establishes a housing authority in accordance with the California Housing Authority Law; or 2. Do not approve a Resolution of the City Council of the City of La Quinta that establishes a housing authority in accordance with the California Housing Authority Law; or � 310 3. Provide staff with alternative direction. Respectfully submitted, i okt6 Douglas R. rvans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager � 311 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITIES LAW WHEREAS, the California Housing Authorities Law (Health and Safety Code Sections 34200, et seq.) provides that there is a public body known as a housing authority in every city, but that the authority shall not transact any business or exercise its powers unless, by resolution, the governing body of the city declares there is a need for an authority to function in it; and WHEREAS, the governing body may adopt a resolution declaring there is a need for a housing authority if it finds either of the following: (a) that unsanitary and unsafe inhabited dwelling accommodations exist in the city, or (b) that there is a shortage of safe or sanitary dwelling accommodations in the city available to persons of low income at rentals they can afford, and WHEREAS, in determining whether dwelling accommodations are unsafe or unsanitary the governing body may take into consideration the following factors: (a) the degree of overcrowding, (b) the percentage of land coverage, (c) the light, air, space, and access available to the inhabitants of such dwelling accommodations, (d) the size and arrangement of the rooms, (e) the sanitary facilities, and (f) the extent to which conditions exist in such buildings which endanger life or property by fire or other causes; and WHEREAS, the most recent update of the Housing Element of the General Plan, a draft of which was submitted to the California Department of Housing and Community Development in August, 2009, the City Council of the City of La Quinta ("City Council" or "City," as applicable) provides as follows: �....) . 312 Resolution No. Establishment of Housing Authority Adopted: September 15, 2009 Page 2 (a) an estimated 2,203 of all the City's households were in the lower income category, and about 810 of the lower income households were renters; (b) an estimated 67.5% of low, 92.1 % of very low, and 79.7% of extremely low income renter households overpay for housing (e.g., housing costs exceed 30% of their income), with many of such households paying more than 50% of their income for housing; (c) an estimated 9.7% of all rental households in the City were overcrowded, with 3.2% of all such rental households experiencing severe overcrowding conditions; WHEREAS, a housing survey undertaken by the City in November, 2007, as part of the update to the housing element of the General Plan, indicated that approximately 1,470 housing units in the City (approximately 7% of the housing stock) is in need of maintenance or structural repair; and WHEREAS, these significant overpayment, overcrowding, and repair needs and conditions continue to exist in the City; and NOW, THEREFORE, the City Council of the City of La Quinta does hereby resolve as follows: SECTION 1. All of the above recitals are true and correct and are incorporated herein by reference. SECTION 2. That unsanitary and/or unsafe inhabited dwelling accommodations exist in the City of La Quinta. SECTION 3. That there is a shortage of safe or sanitary dwelling accommodations in the City of La Quinta available to persons of low income at rentals they can afford. SECTION 4. That there is a need for a housing authority to function in the City of La Quinta to provide safe and sanitary housing opportunities for La Quinta residents. The housing authority established by this Resolution shall be known as the "La Quinta Housing Authority." SECTION 5. That the La Quinta Housing Authority shall be vested with all the rights, powers, duties, privileges and immunities established by the Housing Authorities Law. SECTION 6. Pursuant to California Health and Safety Code Section 34290, the City Council does hereby declare that its members shall serve as the •1 313 Resolution No. Establishment of Housing Authority Adopted: September 15, 2009 Page 3 commissioners of the La Quinta Housing Authority and shall have all the rights, powers, duties, privileges and immunities vested by the California Housing Authorities Law. SECTION 7. That the terms of office and succession of La Quinta Housing Authority commissioners shall be concurrent with and identical to the terms of each City Council member's seat. SECTION 8. Pursuant to Health & Safety Code Section 34274, each Commissioner shall be entitled to a per diem payment for attendance at not more than four (4) Housing Authority meetings per month at a rate of $50.00 per meeting. Additionally, Commissioners shall receive necessary traveling and subsistence expenses which may be incurred in the discharge of the duties of a Housing Authority Commissioner. SECTION 9. The Mayor of the City shall designate, from among the Commissioners, the first Chairperson. Successor Chairpersons, as well as a Vice Chairperson, shall be selected by the Commissioners, from among their members. The Vice Chairperson shall serve as the Chairperson in the absence or incapacity of the Chairperson. Additionally, the Housing Authority shall employ a Secretary, who shall serve as the Executive Director to the Commission and shall have power to sign for the Commission on items which have been approved at a Commission meeting. SECTION 10. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 151h day of September, 2009. AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 314 Resolution No. Establishment of Housing Authority Adopted: September 15, 2009 Page 4 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California "• 0 315 REPORTWINFORMATIONAL ITEM: I9 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 14, 2009 7:02 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:02 p.m. by Chairman Ed Alderson who asked Commissioner Barrows to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer, Principal Planner Andy Mogensen, Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker. C. Election of Chair: It was moved and seconded by Commissioners Barrows/Wilkinson to nominate Ed Alderson as Chair. Commissioner Barrows was nominated, by Commission Quill, but declined. There being no further discussion, the nominations were closed and Ed Alderson was unanimously elected as Chair. E. Election of Vice Chair: It was moved and seconded by Commissioners Wilkinson/Quill to nominate Commissioner Barrows as Vice Chair. There being no further nominations, the nominations were closed. Commissioner Barrows was unanimously elected as Vice Chair. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: None IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of June 9, 2009. 316 Planning Commission Minutes July 14, 2009 Commissioner Quill asked that the minutes be changed to reflect that he joined the meeting at 7:07 p.m. instead of 8:07 p.m. There being no further corrections it was moved and seconded by Commissioners Weber/Barrows to approve the minutes as revised. Unanimously approved. V. PUBLIC HEARINGS: A. Conditional Use Permit 2009-120; a request by Kent B. Sowell, Dodge City Pre -Owned Vehicle Sales, for consideration of a conditional use permit to allow the operation of a used vehicle sales facility located within the La Quinta Auto Centre at the southeast corner of Adams Street and Highway 1 1 1 (79-025 Highway 1 1 1). Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked if the condition about subcontracting of the service and repair facilities was included to allow the applicant to have that option, even though he might not necessarily use it. Staff said yes, the applicant did want that option. Currently, they are doing their own service work, but if economic and business conditions change, they want to be able to hire a third party to come in and run the: shop for them. Chairman Alderson asked if a large part of the applicant's business would be the sale and repair of new and used recreational vehicles. He wanted to know if the prime focus would be used cars and not recreational vehicles. Staff said the applicant was requesting the ability to sell and service recreational vehicles and, if that was the direction he saw his business going, he wanted to make sure the permit allowed him to do so. Staff added the applicant was exploring all options. '•.• •0 317 Planning Commission Minutes July 14, 2009 There being no further questions of the staff, Chairman Alderson asked if the applicant was available and would like to address the Commission. Staff responded the applicant was unable to attend the meeting. Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There was no further discussion and it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-018 approving Conditional Use Permit 2006-868 as submitted. Unanimously approved. B. Site Development Permit 2009-912; a request by Nadador, LLC, for consideration of architectural and landscaping plans for an approximately 200 square foot guardhouse located at 54-500 West Residence Club Drive; east side of PGA Boulevard, south of Avenue 54. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu 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 Barrows asked about the location and size of the water feature. Associate Planner Wuu pointed out its location and stated it was a small fountain. He added the water feature has to meet the City's water efficiency standards. Commissioner Barrows asked if this type of water feature figured into the Coachella Valley Water District's (CVWD) water efficiency calculations. Staff responded they were not sure about the CVWD calculations, but it did fit in with the City's Standards. �$I.... 318 Planning Commission Minutes July 14, 2009 Commissioner Quill stated it was a small urn and more appropriate than a large water feature. He would like to see more of this type of feature; rather than major water features. Chairman Alderson commented on the small amount of water being used. Planning Director Johnson explained these were small urns, and would be accent -type water features, and noted their placement. He added, from a staff level, there were no issues. The City is very sensitive to the use of water features per the Water Efficiency Ordinance and the comments received from the Commission. He did not: see any issues with the urns because of the fact they were not high water users. Commissioner Weber commented on Attachment Number 5, regarding the manned gate. He asked if that was an access -controlled electric, or magnetic, lock gate for pedestrian use. Staff said yes. Commissioner Weber commented on the issue of the date palms and the discussion that the Architecture and Landscaping Commission (ALRC) had. He referenced Attachment 1 — T4 and the site photographs. He said a recent visit showed the site photos are not representative of the existing site and explained where the date palms were located. He felt the point was significant, based on the comments from the ALRC and their debate on the date palms versus Washingtonia Robustas. He asked what the staff's comments were on the date palm issue. Staff responded initially it was an issue for the ALRC because of a misrepresentative exhibit in the packet. That caused confusion between ALRC and the applicant, but it is cleared up now. Fan palms being removed and the pool site, in your packet, should not have been included in this project. This Commission should only be looking at the entrance area. The date palms in front of the clubhouse will remain. A few more will be added by the guard house to match up with the clubhouse. Commissioner Weber reiterated that the T4 exhibit did not reflect current conditions. Associate Planner Wuu confirmed that and added staff had no issues with the recommendation. Chairman Alderson reconfirmed there was a lot of concern and discussion, at the ALRC meeting, regarding the palms but it was resolved and there were no palms being removed. Planning Director 319 Planning Commission Minutes July 14, 2009 Johnson said that was correct and directed him to Attachment 4, on the last page. There was an updated landscape plan, based on photos and site visits, which was an accurate representation of the existing palms (and identified where they were). It was his understanding there would not be any loss of the existing palms. One of the ALRC members was quite concerned about the loss of palms. It was pointed out, at the meeting, that there were existing date palms as part of the project. The ALRC then felt comfortable making the recommendation they did, with the updated exhibit forthcoming. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Peter Jacobs, 51-625 Desert Club Drive, Suite 205, La Quinta, CA introduced himself and offered to answer any questions. Chairman Alderson commented on the signage not being altered, and the current guardhouse being replaced by landscaping. Mr. Jacobs said that was right. Chairman Alderson observed that the gate was a very heavy structure, and was likely to sag, without diagonal bracing. He suggested the applicant point this out to his design people. The applicant said he appreciated the comment as this would be an issue they would have to deal with. Commissioner Weber asked the applicant about potential stacking occurring at the guardhouse. Mr. Jacobs responded they had many meetings, with Planning Department, Public Works, and Fire Department to address those concerns. The current design is based on those meetings, addressing the conditions of approval, and working with the City to meet the requirements of the various plans. Commissioner Weber again mentioned the stacking situation and suggested the first car (just under the porta cochere) could actually be placed up a little farther to allow the next car to move up. His concern was there really was only the allowance for stacking of two cars. However, with the gate staffed 24 hours a day there should be no opportunity for any backing up into the drive. Chairman Alderson asked if there was any public comment. 320 Planning Commission Minutes July 14, 2009 There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Weber said he appreciated the ALRC delving into the palm issue and working to maintain a consistent plant palette. He also appreciated the fact the applicant was very conscientious of water and energy conservation; including such things as energy -conserving L.E.D. lights. They addressed all the critical things to make this project a good addition to the development. There was no further discussion and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-019 recommending approval of Site Development Permit 2009-912 as submitted. Unanimously approved. VI. BUSINESS ITEMS: VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Report on City Council Meeting of June 16, 2009, from Chairman Alderson. B. Report on City Council Meeting of July 7, 2009 from Commissioner Barrows. C. Chairman Alderson noted Commissioner Quill was scheduled to report on the City Council Meeting of July 21, 2009, and Commission Weber was scheduled to report back on the August 4, 2009, Council meeting. D. He reminded the Commissioners that the Council would be dark for the August 18th and September 15t meetings, and the Planning Commission would be dark on August 25`h and possibly August 11th. E. Commissioner Weber expressed his thanks for the staff follow-up, with Mr. Digison, on the REA La Quinta clean-up on the Jack -In -The - Box and IHOP properties. He said it was taken care of very quickly 321 Planning Commission Minutes July 14, 2009 and has been brought up to La Quinta standards. He just wanted to acknowledge staff's efforts. Planning Director Johnson said he thought the Commission's influence was a great help in getting this accomplished. He thanked the Commission for their support in encouraging the developer to accomplish this. Chairman Alderson asked about the possibility of modifying the parking lot design, in reference to alignment, on that same project. Planning Director Johnson said he would have to verify the information with Public Works, but he was not aware of any proposal that had come in for any type of realignment or different circulation pattern for that parking lot. IX: DIRECTOR ITEMS: X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on July 28, 2009. This regular meeting was adjourned at 7:36 p.m. on July 14, 2009. Respectfully submitted, &44 tl �� Carolyn alker, Executive Secretary City of La Quinta, California 322 REPORTSANFORMATIONAL ITEM: a"0 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 1, 2009 10:00 a.m. CALL TO ORDER A. This regular meeting of the Architecture and Landscaping Review Committee was called to order at 10:00 a.m. by Planning Manager David Sawyer who led the Committee in the flag salute. B. Committee Members Present: Jason Arnold, Ray Rooker, and David Thoms C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Associate Planner Jay Wuu, and Secretary Monika Radeva. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Staff asked if there were any changes to the Minutes of April 1, 2009. It was moved and seconded by Committee Members Rooker/Arnold to approve the minutes as submitted. Unanimously approved (Committee Member Thoms was unable to vote on this since his appointment was effective July 1, 2009) V. BUSINESS ITEMS: A. Site Development Permit 2009-912 a request submitted by Nadador, LLC. for consideration of Architectural and Landscaping Plans for an Approximately 300 Square Foot Guardhouse located at 54-500 West Residence Club Drive; East Side of PGA Boulevard, South of Avenue 54. 323 Architecture and Landscaping Review Committee Minutes July 1, 2009 Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. Committee Member Rooker said he found the project to be delightful and he thought it was perfectly scaled and proportioned to the rest of the facilities. He asked what differentiation would be in place for vendors, guests, and residents. Mr. Frank Cahill, P.E., with RCE Consultants, 7595 Irvine Center Drive, Irvine, CA 92618, replied there were several layouts for the site identifying separate driveways for residents and visitors. He explained the Fire Department required twenty -foot drive aisles for emergency vehicles which reduced the available space on the site for additional aisles. In order to blend in the aisle requirements with the architectural components, it was decided to introduce a simpler site plan with one twenty -foot aisle in and another twenty -foot aisle out that would be shared by visitors and residents. Associate Planner Wuu said the original site plans submitted by the applicant had identified two drive-in aisles, which did not meet the engineering standards for turning movements for trucks, thus the plans had to be revised to a one drive-in aisle in order to be in compliance. Committee Member Rooker said the plans showed the Carolina Cherry Shrub being placed up against the wall in a hedge form. He asked why the palm tree boxes identified on the site plans were 24- inches in size which he found to be too big. Christine Kiener, Director of Sales and Marketing with The Residence Club at PGA West, 54-500 West Residence Club Drive, La Quinta, CA 92253, replied the large size tree boxes were chosen in an attempt to try to blend in the new landscaping with the existing mature landscaping on the site. Committee Member Arnold commented on the nice architecture and he said he found the project to be very compatible and beautiful. Committee Member Thoms said he had driven by the site and thought that it definitely needed to be improved as it was not inviting at all in its current condition. He inquired about the water urns identified on the site plans. ,•.• 1 324 Architecture and Landscaping Review Committee Minutes July 1, 2009 Diana Corleone, with South Coast Architects, Inc., 13 Corporate Plaza, Suite # 210, Newport Beach, CA 92660, replied the water urns identified released a minimal amount of water which was recycled. Committee Member Thoms commented that, in the current political environment with its emphasis on green projects, the introduction of water features might not be favorable. Committee Member Thoms said he would like to ensure that the existing palm trees remain as they are and he suggested lighting the trunks of at least some if not all of the palm trees. He did not see the need for any additional palm trees. Committee Member Thoms complimented the architectural design of the guardhouse and he said it would be a very nice addition to the development. Committee Member Rooker asked of Committee Member Thoms to clarify that he would like to see the 12 proposed new palm trees eliminated. Committee Member Thoms said he did not find it necessary for new Date Palms to be introduced as there were a sufficient number of existing Washingtonia Robustas not only by the proposed guardhouse, but throughout of the development as well. Ms. Kiener pointed to page T-3 of the site plans showing that the existing palms would remain as they were. Ms. Corleone added that the existing palms were already lit. Planning Manager Sawyer clarified that there was a discrepancy between the proposed plans and the applicant's explanation regarding the existing trees. He noted the proposed plans showed the six proposed Date Palms on either side of the guardhouse, but the existing Washingtonia Robustas were not identified at all, the plans showed shrubs instead. Ms. Corleone said the existing palms would not be removed. Planning Manager Sawyer said the proposed plans needed to be modified to reflect the final outcome of the project with the existing palm trees as well as with what was being proposed. M_:� 325 Architecture and Landscaping Review Committee Minutes July 1, 2009 Committee Member Rooker said that, based on the proposed site plan, it would seem like some of the existing palms would have to be removed to make space for the new Date Palms. Planning Director Johnson said the applicant had said that T-3 showed both, the existing Washingtonia Robustas, as well as the 12 new proposed Date Palms. He pointed out that the existing Washingtonias were actually in conflict with the identified shrubs on the plans. He said the Committee needed to understand what the final product would be, as proposed, in order to be able to make an accurate recommendation to the Planning Commission. Planning Manager Sawyer clarified that the site plans would be as proposed on page 5 with the addition of the existing Washingtonias; thus, the plans would have to be revised before the case was presented to the Planning Commission. Committee Member Thoms said his comment was that the existing Washingtonias should remain as they were. He noted the palms were rather tall and to introduce new Washingtonias, it would be impossible to match the height and they would look funny next to the already existing palms. Committee Member Arnold pointed out that the palms proposed, six on either side of the guardhouse, were Date Palms and not Washingtonia Robustas. Committee Member Thoms said the . use of Date Palms would not be appropriate because there were none in the development. Planning Director Johnson said there were some existing Date Palms by the Clubhouse. He explained the idea with the use of the proposed Date Palms was not only to compliment the entrance and the guardhouse, but also the existing Date Palms located right at the main clubhouse entrance. Committee Member Thoms commented that the clubhouse was nowhere in sight from the proposed guardhouse. Planning Director Johnson pointed to the location of the clubhouse on photos submitted as exhibits to the staff report. Committee Member Thoms emphasized that his recommendation was not to add any palm trees to the site as there were plenty of existing ones. 326 Architecture and Landscaping Review Committee Minutes July 1, 2009 Committee Member Rooker said he disagreed with Committee Member Thoms' comments. He found the existing Washingtonia palms were irregular and he liked the idea of introducing something different at the entrance to accentuate it. He explained he liked the smaller size of the Date Palms and the formality of having two groups of six on either side. He noted if the existing Washingtonia palms were in the way, an ecological way of handling them would be to relocate them somewhere else within the development. He said he liked the project as proposed. Committee Member Thoms recommended approval of Site Development Permit 2009-912 without the introduction of additional Date Palms or water features. The motion failed due to the lack of a second. Commissioner Thoms asked to clarify if all of the Washingtonia palm trees on the guardhouse site would be removed. Committee Member Arnold explained that, even though, it was not shown on the plans, the Washingtonia palm trees were located off of the guardhouse site up on a crest and out of the way of the proposed twelve Date Palms which were in the drive-in area below; thus, the Committee was requesting that the applicant submit accurate site plans before the case was presented to the Planning Commission. Discussion followed regarding the difference in size and appearance between Washingtonia Robusta and Date Palm trees. Committee Member Thoms stated if the Washingtonia Robustas in question were in fact located behind the wall of the development and out of the way of the proposed guardhouse site, he would be in favor of the project as submitted. However, if that was not the case, he found the introduction of the proposed Date Palms unnecessary as it exchanged one tree for another. Planning Manager Sawyer said the motion included a request for clarification on the site plan. He said staff would work with the applicant to determine the accurate location of the palm trees and the Committee's comments would be forwarded to the Planning Commission accordingly. Committee Member Thoms asked what would be the appropriate way to address the introduction of the water features. Planning 327 Architecture and Landscaping Review Committee Minutes July 1, 2009 Manager Sawyer said the discussion was between the Committee Members. Committee Member Arnold explained the motion on the floor was recommending approval of the project as submitted with the proposed water features as long as the applicant was in compliance with the CVWD requirements. Planning Director Johnson said the City's water ordinance included CVWD's provisions and further set forth additional water feature standards. Committee Member Thorns commented that he still found the introduction of water features to be a political issue, but if it was in compliance with the City's water ordinance and CVWD's requirements he would be supportive of it. It was then moved and seconded by Committee Members Rooker/Arnold to adopt Minute Motion 2009-006, recommending approval of Site Development Permit 2008-912 as submitted, with recommendations to provide an updated site plan accurately reflecting the final result of the project and to relocate any Washingtonia palm trees that may have to be removed, elsewhere on the property. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: A. Discussion of Attendance Requirements Planning Manager Sawyer explained the attendance requirements for the Architectural and Landscaping Review Committee, including the number of allowable absences per year, and the protocol for requesting an excused absence in advance by the City Council. Planning Director Johnson said if the Committee Member knew in advance that their schedule was in conflict with a meeting date, staff would encourage them to submit a written request for an excused absence to the City Council. However, if the absence is due to an illness or an emergency, the request could be submitted after the fact. He explained all members of all Boards, Commissions and Committees were allowed two absences per 328 Architecture and Landscaping Review Committee Minutes July 1, 2009 fiscal year. Any additional absence after that would be grounds for automatic removal from their appointed position. Planning Manager Sawyer said staff would give the Committee quarterly attendance updates to help the Committee Members keep track. Committee Member Arnold asked if there was a schedule available that would identify the dates for all meetings that he would have to attend. Planning Director Johnson said the only meeting the Committee Members were required to attend was the one scheduled for the first Wednesday of every month. He explained that any additional special meeting that might come up would require staff to contact each Committee Member individually to ensure that everyone could attend, otherwise, the meeting would not go forward. Committee Member Arnold asked about the Joint Meeting with the Planning Commission and the City Council. Planning Director Johnson explained those meetings were not counted into the attendance tracking as they were optional. However, he said, staff encouraged the Committee Members to attend the meetings, if they could, because that was their opportunity to communicate directly with the Council. General discussion followed regarding the Planning Commission and City Council dark meeting dates and the scheduling of the joint meetings. VIII. PLANNING STAFF ITEMS: A. Planning Commissioner Update Planning Manager Sawyer gave an update on the Planning Commission action on SDP 2008-905 and CUP 2008-112 for the Express Car Wash, and an update on FLP 2008-045 for CVS Pharmacy. Committee Member Thoms asked if the ALRC reviewed any projects handled by the Public Works Department. Planning Director Johnson said the Committee did not. 329 Architecture and Landscaping Review Committee Minutes July 1, 2009 B. Discussion Regarding Summer Meeting Planning Manager Sawyer asked the Committee if they would like to decide on a date to go dark. Discussion followed and the Committee agreed it would not go dark. Planning Director Johnson said staff had some tentatively scheduled items possibly for the next regularly scheduled meeting on August 5, 2009. IX. ADJOURNMENT There being no further business, it was moved and seconded by Committee Members Rooker/Arnold to adjourn this meeting of the Architecture and Landscaping Review Committee to a Regular Meeting to be held on August 5, 2009. This meeting was adjourned at 1 1 :49 a.m. on July 1, 2009. F MONIKA RADEVA Secretary 330 Department Report: i—A, TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services& DATE: September 15, 2009 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the September 1, 2009 City Council meeting: 1. Stan Ford, Desert Recreation District, announced the new catalog was mailed to residents of the Valley; he thanked the City Council for sponsoring the Pet Parade and invited Council Members to judge the event on October 24. Mr. Ford also reported the District will be providing water activities at the pool party. 2. Carolyn Todd 48-649 Paseo Tarazo, commented on the green fence liners and stated they are unsightly, and requested the fences be removed allowing the vacant property to revert back to its natural state. Mayor Adolph thanked her for her comments. He asked the Public Works Director Jonasson to comment on her request. Public Works Director Jonasson stated the fencing has a two -fold purpose: 1) reduce PM10 and stabilize the ground that has been treated with chemicals. He will have staff follow-up with property owners with regard to the upkeep of the fencing, and recommended the fencing stay up. 3. Ellen Burr, 49-725 Avenida Montero, expressed her concern of the dead palm trees at Watermark Villas Development. City Attorney Jenson responded staff has been in contact with the developer and is working to rectify the issue by pursuing the bonds. •� - 331 SEPTEMBER 15 OCTOBER 6 OCTOBER 20 OCTOBER 27 NOVEMBER 3 NOVEMBER 5 NOVEMBER 11 NOVEMBER 17 DECEMBER 1 DECEMBER 4 10 DEPARTMENT REPORT: 3 -A CITY COUNCILS UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING JOINT CITY COUNCIUCOMMISSION MEETING CITY COUNCIL MEETING POLICE/FIREFIGHTER VOLUNTEERS DINNER VETERAN'S TRIBUTE AT CIVIC CENTER CAMPUS CITY COUNCIL MEETING CITY COUNCIL MEETING CHRISTMAS TREE LIGHTING CEREMONY AT OLD TOWN HOLIDAY OPEN HOUSE 332 LA QUINTA CITY COUNCIL MONTHLY CALENDAR September 2009 ..Monday'.. .. .. ..y" Friday Saturday �. 2 3 4 5 August �- 3:00 PM City Council 10:00 AM ALRC r" S M T W T F S ha Meeting t- 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 i 1•• S 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 Day Advisory Board 12:00 PM Energyl (CITY HALL CLOSED) Envimn: Sniff 13 14 15 16 17 18 19 10:00 AM Pub. Sfty 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preset 9:00 AM CVA-Evans Henderson Meeting Cmte: Franklin vation Commission 12:00 PM Transp. 12:00 PM HCRGFranklin Henderson 4:00 PM J.Cochran 3:00 PM Mum. 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 9/9/2009 '"••� - 333 LA QUINTA CITY COUNCIL MONTHLY CALENDAR October 2009 Sunday 1� Monday F', Tuesday Wednesday Thursday Friday Saturday 1 2 3 September November S M T IN T F S S M T IN T F S 12:00 PM Mayor's Lunch 1 2 3 4 5 1 2 3 4 5 6 7 - . 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 E �k 4 5 6 7 8 9 10 3:00 PM City Council 10:00 AM ALRC 11:00 AM CVCC Sniff Meeting 12:00 PM Energy) Environs Sniff 11 12 13 14 15 16 17 10:00 AM Pub. Sity 7:00 PM Planning 9:00 AM RCTC- 3:00 PM Historic Preser. 9:00 AM CVA Evans Henderson Commission Henderson vation Commission 12:00 PM Tramp. 4:00 PM Investment Henderson Advisory Board 5:30 PM Community Services Commission 6:00 PM League Henderson 18 19 20 21 22 23 24 3:00 PM City Council 10:00 AM Homelessness 9:00 AM LAFC0- Meeting Conn. Franklin Henderson 12:00 PM HCRC Franklin 4:00 PM J.Cochran Airport Franklin 25 26 27 28 29 30 31 10:30 AM RCTC Budget - 5:00 PM Joint City 12:00 PM Sunline-Adolph Henderson Councilicommission 6:00 PM Exec Cmte: Meeting Adolph 7:00 PM Planning Commission Printed by Calendar Creator Plus on 9/9/2009 10,9.1 334 LA QUINTA CITY COUNCIL MONTHLY CALENDAR November 2009 Sunda Monday 'I Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 3:00 PM City Council 10:00 AM ALRC 6:00 PM PolicelFire. Meeting fighter Volunteers ® Dinner Election Day 8 9 10 11 12 13 14 10:00 AM Pub. Sfty- 7:00 PM Planning 9:30 AM Animal Campus Henderson Commission Franklin 12:00 PM Tramp. 11:00 AM CVCC-Sniff Henderson Veterans Lay 12:00 PM Ener I 3:00 PM Mons. Consversancy-Franklin CITY HALL CLOSED Enviran: Sniff 5:30 PM Community Services Commission 6:00 PM League. Henderson 15 16 17 18 19 20 21 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Former 9:00 AM CVA-Evans Meeting Came. -Franklin vation Commission 12:00 PM HCRGFranklin 22 23 24 25 26 27 28 10:30 AM RCTC Budget Henderson 7:00 PM Planning Commission 12:00 PM Sunline Adolph Thanksgiving Day Thanksgiving Holiday (City Hall CLOSED) (City Hall CLOSED) 29 30 6:00 PM Exec Code. Adolph October December S M T W T f S S M T W T F S 1 2 3 - 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 •. 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 Printed by Calendar Creator Plus on 9/9/2009 335 DEPARTMENT REPORT: Tw!t ot 4 Qgb& TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety ,-�g DATE: September 15, 2009 RE: Department Report — July and August, 2009 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the months of July and August. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $31,848,749 which represents an issuance of 136 building permits in July, and 99 in August; • Animal Control handled 309 cases in July, and 392 in August; • Code Compliance initiated 319 cases in July, and 300 in August; • Garage sale permits generated $1130 revenue in July, and $1250 in August. ,.„.., .. 336 ' --- -- IV - Ol 00 V. __ N n M i N V 7 Cr%M Ql On, N tD 8 G U) NI M'. N,. O ON, O; M. O' N . y n m; Ol In l t oo V' ti tD yco m'7 n 00 - m V 07 .-: ,.. m 1 00 N O M A — O 1n to IT tD N CT ! N .-i 1 Cl: ' to 00 i O .+' M h. y 9 O O' F : N -. _ n H - Ip N t o 7 M If M I- NiM N tD N n M N M m N N N N N + O y Ifi N .-� .. _tn In N f ti M O tD , d' ti to to N a M... LL N In In 7 •": N V M N �. 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F Q Ut QUJ � a O m a � w Z Q a� N U m N ~ a m N m V m :° o a aa))QaDaz N U m W C m m -0 Q 'o a) U a M U W N 'o N J L) w Q U z d a) r a E C cr N a E QrE a) a W JrE a) a zrE m 0w d m N wr N a EC7o0�Qp W J (' Q @ O O «a O p 13: :� o U- O p 0 O O to Z «� O Q p W U) J W d�U NWU W(nU =(OU J(nU F- U N WUW ZMNO W aa i > m m ta7== DEPARTMENT REPORT: a 04�� Qum& "roes TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Directoro ` DATE: September 15, 2009 SUBJECT: Community Services Department Report for July 2009 Upcoming events of the Community Services Department for September 2009: September 1 Zumba, Senior Center September 2 Tai Chi Qi Gong, Fitness Center Tae Kwon Do, Senior Center Jazzercise, Senior Center September 8 *Beginning Tai Chi *Yoga for Health *Women's Strength Training *Swing/Latin Fusion Dance Tennis 4-7, Fritz Burns Tennis Courts Tennis 8-10, Fritz Burns Tennis Courts Tennis 11-13, Fritz Burns Tennis Courts Adult Tennis, Fritz Burns Tennis Courts Beginning Guitar, Senior Center Rock Solo Class, Senior Center 5 Ways to Weight Loss, Museum September 9 *Morning Workout *Mat Pilates *Intermediate Bridge Ballet/Tap, La Quinta High School Horsemanship Classes, Aiken Ranch Photoshop Pro, Senior Center Conversational Spanish, Senior Center September 10 Dance, Play & Pretend, La Quinta High School Beginning Ballet, La Quinta High School English Riding Lessons, Aiken Ranch Italian for Everyone, Senior Center September 11 *Defense in Bridge *Karaoke (FREE Class) 342 September 11 *Dance Workshop *Evening Dance September 12 Junior Basketball Clinic, Boys & Girls Club September 14 Beginning Art, Senior Center Tap/Jazz, La Quinta High School Ballet/Jazz, La Quinta High School Beginning Computers, Senior Center Photoshop Elements, Senor Center September 15 *Conquering MS Excel Body Sculpting, Senior Center Relaxing Movements, Library September 16 *Mastering MS Word MS Word, Senior Center September 17 *Fiesta Luncheon Beginning Belly Dance, La Quinta High School September 19 Lobster Festival Super Saver Excursion Junior Basketball Clinic, Boys & Girls Club September 24 *Mature Driver September 28 *Knitting September 29 *Hawaiian Hula September 30 *History of American Independence Discussion (FREE Class) *Senior Center class or activity �� 343 Community Services Department Attendance Report for the Month of July 2009 Summary Sheet Program 2009 2008 Variance Sessions Per Month 2009 2008 Leisure Classes 144 120 24 97 73 Special Events 252 419 -167 2 7 Sports/Fitness Center 1084 806 278 53 46 Senior Center 971 853 118 76 68 Total 2,451 2,198 253 228 194 Senior Services Senior Center 395 199 196 121 25 Total 395 199 196 12 25 Sports User Groups La Quinta Park Use AYSO NO LA QUINTA PARK FIELD USAGE DUE TO SUMMER LO Sports & Youth FIELD REHABILITATION Sports Complex LQ Sports & Youth 100 100 0 20 19 Facility/Park Rentals Senior Center Private Pa 0 300 -300 0 2 Churches-2 600 300 300 8 4 Museum Meeting Room 1201 0 120 2 0 Library I Classroom 660 350 310 11 7 Civic Center Campus_ Private Part 0 0 0 0 0 Park Rentals La Quinta Park 50 180 -130 1 3 Fritz Burns Park 0 0 01 0 0 Total 1,530 1,230 3001 42 35 Total Programs 4,3761 3,627 7491 282 254 Volunteer Hours Senior Center 126 155 29 Total Volunteer Hours 126 155 -29 344 Community Services Program Report for July 2009 2009 2008 2009 2008 Participants Participants Variance Meetings Meetings Leisure Classes Tennis Adult 5 0 5 5 0 Somatics 7 0 7 9 0 Ballet/Jazz 10 5 5 2 1 Ballet/Tap 17 0 17 6 0 Microsoft Word 4 0 4 2 0 Guitar 13 8 5 21 4 Beginning Ballet 8 5 3 3 4 Dance, PI a , & Pretend 13 6 7 3 4 Tai Chi Chuan 4 0 4 9 0 Zumba 21 40 -19 9 13 Microsoft Excel 9 18 -9 3 5 Photoshop Pro 3 6 -3 7 5 Tae Kwon Do 71 61 1 14 13 Acupuncture 8 0 81 11 0 Body Sculpting 6 6 01 91 10 Jazzercise 9 9 01 131 10 Totals 144 109 351 971 69 2009 2008 2009 2008 Participants Participants Variance meetings Meetings Special Events Open Air Cinema 200 225 25 1 2 San Clemente Excursion 52 38 14 1 1 Totals 252 263 -ill 2 3 2009 2008 2009 2008 Participants Participants Variance Meetings Meetings Sports & Fitness Center Open Gym Basketball 361 251 110 22 19 Fitness Center 582 555 27 27 27 Golf Tour, Shadow Hills 37 33 4 1 1 Golf Tour, Palm Desert C.C. 29 31 -2 1 1 Golf Tour, Heritage Palm:; 39 47 -8 1 1 Golf our, Mission Hills 36 45 -9 1 1 Totals 1084 962 A 53 50 Community ServicesTctals 1,4801 1,3341 .1461 1521 122 345 Monthly Revenue Report for July 2009 Monthly Revenue - Facility Rentals 2009 2008 Variance Libra $ - $ 225.00 $ 225.00 Museum $ 250.00 $ - $ 250.00 Senior Center $ 2,362.50 $ 2,102.50 $ 260.00 Parks $ 50.00 $ 210.00 $ 160.00 Sports Fields $ - $ 15.00 $ 15.00 Monthly Facility Revenue $ 2,662.50 $ 2,552.50 $ 110.00 Monthly Revenue Senior Center * $ 12,307.50 $ 2,220.50 $ 10,087.00 Community Services $ 2,855.00 $ 3,955.00 $ 1,100.00 La Quinta Resident Cards $ 1,650.00 $ 915.00 $ 735.00 Fitness Cards $ 575.00 $ 740.00 $ 165.00 Total Revenue $ 17,387.50 $ 7,830.50 $ 9,557.00 Revenue Year to Date Facility Revenue $ 2,662.50 $ 2,552.50 $ 110.00 Senior Center $ 12,307.50 $ 2,220.50 $ 10,087.00 Community Services $ 2,855.00 $ 3,955.00 $ 1,100.00 La Quinta Resident Cards $ 1,650.00 $ 915.00 $ 735.00 Fitness Cards $ 575.00 $ 740.00 $ 165.00 Total Revenue to Date $ 20,050.00 $ 10,383.00 .$ 9,667.00 *Received a $10,000 donation from the David Orme Trust. ' 346 Senior Center Attendance Senior Center Program Report for July 2009 Participation Participation Variance Meetings Meetings 2009 2008 2009 2008 Senior Activities ACBL Bride 267 208 59 5 5 Bridge, Social/Party 322 290 32 16 15 Monthly Birthday Party 30 25 5 1 1 Monthly Luncheon Patriot's 104 97 7 1 1 Movie Time 851 45 401 5 5 Putting Action 10 0 10 4 0 Senior Activity Total 818 665 153 32 27 Senior Leisure Classes Arts & Crafts (Clay Sculpting) 18 9 9 3 1 Arthritis Exercise 12 0 12 3 0 1,2,3,4 Dance 40 0 40 5 0 Computer Classes 33 24 9 9 11 Exercise 25 30 -5 13 10 Quilters 10 24 -14 5 4 Ukulele Players 15 38 -23 6 7 Senior Leisure Classes Total 153 125 28 44 33 TOTAL SENIOR PROGRAMS 971 790 181 76 60 Senior Services CAP Cool Center Program 72 46 26 21 18 Eisenhower (Nutritional Counseling) 6 11 -5 1 1 FIND 191 0 191 7 0 Geriatric Consultation 2 0 2 1 0 HICAP 44 20 24 5 5 Legal Consultation 5 5 0 1 1 Contour Dermatology (skin Cancer Screening) 22 0 22 1 0 Notary 1 2 -1 1 1 Seminars - July 4 36 10 26 4 3 Volunteers 16 23 -7 n/a n/a TOTAL SENIOR SERVICES 395 117 252 12 29 SENIOR CENTER TOTAL 13661 907 433 88 89 341 2009 2008 Variance Volunteer Hours Senior Center 125.5 154.5! -29 Volunteer Total: 125.5 154.51 -29 Revenue Senior Center Revenue* _ $12,307.50_I $2,22n 50 $10,087.00 Revenue Total: $12,307.50 $2,220.50 $10,087.00 Jul-09I_ *Received a $10,000 donation from the David Orme Trust. 348 Parks Activities Updates For July 2009 The interactive water feature at La Quinta Park was shut down for repairs. A gasket failed on one of the water jets which created a hole in the rubber surface. The replacement gaskets were installed and staff worked with the manufacturer of the rubber surface to have the safety material repaired. The dog parks have been receiving more evening use due to the hot days and longer daylight hours. Residents contacted staff about the irrigation system operating after 8pm while the facilities were still being used. The problem has been corrected and the irrigation does not begin until after 10pm. A new large trails map has been installed at the Cove Oasis that replaces the original map. The original map was oriented with "North" up which caused confusion due to the Cove Oasis and Trails having a "South" orientation. In May, two similar but smaller signs were installed at the two entry locations at the top of the Cove. All three new signs feature a trails map that is similar to the new trails maps that are available at the Community Services desk. Despite the summer heat, the parks continue to receive a lot of use by residents. Fritz Burns Park is busy with the swimming pool, picnics on the grass during the weekends, tennis in the mornings and evenings, skate boarding, and daily use of the dog park in the evenings. La Quinta Park is also very active with users throughout the day at the interactive water feature and shaded playground area. The landscape contractor has been conditioning the turf areas throughout the parks to keep them in their current excellent shape. The only problem turf areas are in the dog parks because of the heavy use. Staff may need to have the landscape contractor install new sod if the turf is unable to recover. 349 O� L y OFF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director`, DATE: September 15, 2009 SUBJECT: Community Services Department Report for August 2009 Upcoming events of the Community Services Department for October 2009: October 1 *Watercolor Jazzercise, Senior Center Zumba, Senior Center Tae Kwon Do, Senior Center October 2 *Morning Workout October 3 San Diego Padres Excursion Junior Basketball League, Boys & Girls Club October 5 *Mat Pilates *Hooked on Loops Tai Chi Qi Gong, Fitness Center October 6 *Wellness Connection *Tai Chi Intermediate *Swing/Latin Fusion Dance *Dog Training *Beginning Computer Free Lecture Series, Neuropathy Pain, Museum October 7 *Sketching & Drawing *Intermediate Bridge *Beginning Word Ballet/Tap, La Quinta High School Horsemanship Classes, Aiken Ranch Photoshop Pro, Senior Center October 8 *Afternoon Tea Luncheon October 9 *Evening Dance *Dance Workshop *Karaoke (FREE Class) October 10 Horsemanship Classes, Aiken Ranch October 12 Photoshop Elements, Senior Center 350 October 13 *Yoga for Health Body Sculpting, Senior Center October 15 *Halloween Luncheon Dance, Play & Pretend, La Quinta High School Beginning Ballet, La Quinta High School Beginning Belly Dance, La Quinta High School English Riding Lessons, Aiken Ranch October 17 English Riding Lessons, Aiken Ranch October 19 *Women's Strength Training Voiceovers, Library October 20 Tennis 4-7, Fritz Burns Tennis Courts Tennis 8-10, Fritz Burns Tennis Courts Tennis 11-13, Fritz Burns Tennis Courts Adult Tennis, Fritz Burns Tennis Courts Beginning Guitar, Senior Center Second Level Guitar, Senior Center October 21 Conversational Spanish, Senior Center October 22 *Ballroom Dance *Annual Health Fair Italian for Everyone, Senior Center October 22 *Mature Driver October 23 *Defense in Bridge October 26 *Knitting Tap/Jazz, La Quinta High School Ballet/Jazz, La Quinta High School October 27 *Hawaiian Hula October 28 *History of American Independence Discussion (FREE Class) October 29 *Issues of the Day October 30 Halloween Carnival *Senior Center class or activity .....' 351 Community Services Department Attendance Report for the Month of August 2009 Summary Sheet Program 2009 2008 Variance Sessions Per Month 2009 2008 Leisure Classes 77 64 13 69 35 Special Events 565 1072 -507 3 9 Sports/Fitness Center 975 624 351 53 42 Senior Center 843 597 246 65 123 Total 2,460 2,357 103 190 209 Senior Services Senior Center 317 148 169 2 15 Total 317 148 169 2 15 Sports User Groups La Quints Park Use AYSO 200 150 50 5 5 Sports Complex LQ Sports & Youth 501 60 -10 161 16 Facility/Park Rentals Senior Center Private Pa 200 0 200 1 0 Churches-2 750 375 375 10 5 Museum Meeting Room 180 0 180 3 0 Library Classroom 480 150 3301 8 3 Civic Center Campus_ (Private Part) 0 0 0 0 0 Park Rentals La Quinta Park 100 200 -100 2 4 Fritz Burns Park 0 0 0 0 0 Total 1,960 935 1,025 45 33 Total Programs 4,737 3,4401 1,2971 237 257 Volunteer Hours Senior Center 170 116 54 Total Volunteer Hours 170 1161 54 352 Community Services Program Report for August 2009 2009 2008 2009 2008 Participants Participants Variance Meetings Meetings Leisure Classes Somatics 3 0 3 8 0 Ballet/Tap 7 0 7 4 0 Microsoft Excel 9 9 0 3 2 Tennis 3 0 3 4 0 Tai Chi Chuan 5 0 51 9 0 Zumba 22 28 -6 8 6 Ballet/Jazz 4 0 4 4 0 Tae Kwon Do 3 6 -3 13 13 Golf Fitness 5 0 5 1 0 Body Sculpting 6 0 6 6 0 Jazzercise 10 18 -8 9 12 Totals 771 611 16 691 33 2009 2008 2009 2008 Participants Participants I Variance Meetings Meetings Special Events National Night Out 475 450 25 1 1 Long Beach Excursion 42 0 42 1 0 Golf Tour Banquet 48 45 3 1 1 Totals 565 495 70 3 2 2009 2008 2009 2008 Participants Participants Variance Meetings Meetings Sports & Fitness Center Open Gym Basketball 266 123 143 22 16 Fitness Center 539 501 38 26 26 Golf Tour, Shadow Ride 35 40 -5 1 1 Golf Tour, Desert Willow 35 38 -3 1 1 Golf Tour, Mountain Vista Sun City26 36 -10 1 1 Golf Tour, Terra La 32 39 7 1 1 Golf Tour, Golf Club at La Quinta 42 44 -2 1 1 Totals 975 821 154 53 47 Community Services Totals 1 1,6171 1,3771 2401 125 82 353 Monthly Revenue Report for August 2009 Monthly Revenue - Facility Rentals 2009 2008 Variance Libra $ - $ $ - Museum $ 75.00 $ $ 75.00 Senior Center $ 3,675.00 $ 1,237.50 $ 2,437.50 Parks $ 60.00 $ 200.00 $ 140.00 Sports Fields $ 400.00 $ 55.50 $ 344.50 Monthly Facility Revenue $ 4,210.00 $ 1,493.00 $ 2,717.00 Monthly Revenue Senior Center $ 5,537.00 $ 714.00 $ 4,823.00 Community Services $ 6,942.00 $ 7,867.00 $ 925.00) La Quinta Resident Cards $ 1,095.00 $ 735.00 $ 360.00 Fitness Cards $ 695.00 $ 840.00 $ 145.00 Total Revenue $ 14,269.00 $ 10,156.00 $ 4,113.00 Revenue Year to Date Facility Revenue $ 6,872.50 $ 4,045.50 $ 2,827.00 Senior Center $ 17,844.50 $ 2,934.50 $ 14,910.00 Community Services $ 9,797.00 $ 11,822.00 $ 2,025.00 La Quinta Resident Cards $ 2,745.00 $ 1,650.00 $ 1,095.00 Fitness Cards $ 1,270.00 $ 1,580.00 $ 310.00 Total Revenue to Date $ 38,529.00 1 $ 22,032.00 $ 16,497.00 354 Senior Center Attendance Senior Center Program Report for August 2009 Participation Participation Variance Meetings Meetings 2009 2008 2009 2008 Senior Activities ACBL Bride 145 139 6 4 4 Bridge, Social/Party 307 106 201 19 8 Monthly Birthday Party 40 33 7 1 1 Monthly Luncheon (B&G Back to School) 110 150 -40 1 1 Movie Time 531 43 101 4 4 Senior Activity Total 655 471 184 29 18 Senior Leisure Classes 1,2,3,4 Dance 27 0 27 4 0 Computer Classes 20 0 20 6 0 Exercise 24 13 11 13 12 Mature Driver 11 0 11 1 0 Quilters 25 18 7 3 3 Ukulele Players 81 49 32 9 9 Senior Leisure Classes Total 188 80 108 36 24 TOTAL SENIOR PROGRAMS 843 551 292 65 42 Senior Services CAP Cool Center Program 70 25 451 21 9 Eisenhower (Balance, Joint & Grip) 4 9 -5 1 1 Financial Consultation 2 0 2 1 0 FIND 209 0 209 8 0 Geriatric Consultation 1 0 1 1 0 Legal Consultation 7 7 0 1 1 Notary 21 3 -1 1 2 Volunteers 22 20 2 n/a n/a TOTAL SENIOR SERVICES 317 64 208 2 13 SENIOR CENTER TOTAL 1160 615 5001 67 55 355 2009 2008 Variance Volunteer Hours Senior Center 170 116 54 Volunteer Total: 170 115 54 Revenue Senior Center Revenue* $5,537.00 $714.00 $4,823.00 Revenue Total: $5,537.00 $714.00 $4,823.00 Aug-09 Revenue has increased due to the many registrations taken for fall/winter classes during this month and current class enrollments. 356 Parks Activities Updates For August 2009 The Public Works crew.has removed the playground at the Seasons retention basin in preparations for the purchase and installation of a new playground. The current playground needed costly repairs. Therefore, a replacement was budgeted in Capital Improvements for Fiscal Year 2009-2010. A letter was sent to neighboring homes informing the residents of the removal of the current playground and the installation of a new one. Staff is finalizing the playground Request for Proposals. The La Quinta AYSO is conducting their annual week long soccer camp at La Quinta Park. The camp teaches soccer skills to children of all ages. Registration for the soccer season was conducted during the soccer camp with registration preference given to La Quinta Residents. The landscape at the entrance to the Fritz Burns parking lot was renovated. The new landscaping continues to use water efficient plants with drip irrigation and decomposed granite for ground cover. The renovation was done under the current Parks Maintenance Contract. The City's Parks Maintenance Contractor has been working closely with the City of La Quinta and CVWD to make our City Parks as water efficient as possible. �..:" 351 Department Report: 17 0 • �W �C Ow5 yOFTI TO: The Honorable Mayor and Members of the City Council FROM: Less Johnson, Planning Director DATE: September 15, 2009 v SUBJECT: Department Report for the Month of July 2009 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of July. 358 P:\Monthly Report Folder\2009_Planning_Monthly Reports\7_JULY 2009_PL Me Rpt.doc 1 z f- W 20 IL < LU M O a H O W Z N Q W >- J Z � � Z Q za W Q 0 d n Z I- 0 a. m U � LLI U LLI W L) U a aaaaa a a a a a a a a a a a a a a a UU ++ - E E E E E E E E E E E E E E E E E E E E LLI 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 N N N N N N N N N N N N N N N N N N N N OOON 000 �—Oa0000001n000 W a F• N U E W N 0 IL O a)� N n. 7) c 0 .Y a C O U (n E o N E m coo CD d +, c c N O N 3 N Q C E E C= N _ .S Y N E E C m Q N IL in N 7 ? _ a E m Q c c m f6 m o c m � O o � E N W E 0J 2 2 a a` N t E N ` (D a) N a a .' 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Jonasson, Public Works Director/City Engineer DATE: September 15, 2009 SUBJECT: Public Works Department Report for July and August 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 Ti thy R. J nas on blic Works Dire for/City Engineer •�•..�. 364 a z w W J f z 7 a i o dUFF LL Y w M <i Oix 3Ka U V U_ m> (Lw U) z W N F U J rc 0 e, N: O N. J � N Q NW Y d' ' Q W U t LL S� o o o O O O o o O O o 0 0 o O 4 Ow .. W (A 7'£ Nf. 0 0 0 0 o O o 0 o O O O o O o z M! AI 111 r,. Uiir`"J V yN 41 N W.N. a D: O m 0; Za, W W m J' O o r N V O V O OJ c o h Oi Z. 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U O N — m y a _ c_ OOoNQ OLnm y c vyY O m m a y am C mQC a c Q _a a>O c aQ>my _ O O y Yy7 m+ y mC C C C O .C> 0 LsU Ot C NYy a1 w Q° U CL O = m m q> § o o wm ov J 00 yo3 Oc>' a) E U m Op) ca d) m U O y O Y N O o O E O> O a N O a O E Y O m L y 0 0 3 O O O Y O O p O K LL N m Q N S Ln N _ (n N cc .... N N J U N w ti N C NCT O O f63ONC '� (D >� 0of coCOOC 'O—'OVUNN C .U:) N- p.UO N>O >O �Y}O, "'O °? ;;�� o;aNg MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: July, 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 56 136 19 6 217 1001 Pot Hole -Repair/Patching 17 5 0 1 23 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 7 0 0 0 7 1006 Other Traffic Controls 0 43 0 2 45 1007 Curb & Gutter Repair/Const. 3 27 0 1 31 1008 Other Concrete Repairs/Const. 9 30 0 0 39 1009 Street Sign Install (New) 19 3 0 0 22 1010 Street Sign Repair/Maint 176 12 0 12 200 1011 Debris Removal 12 62 1 3 78 1012 1 Right of Way Maint. 0 84 98 0 182 1021 CLEAN Catch Basin Inlet/Outlet 0 21 0 0 21 1022 Rondo Channel Outlet/Vault 0 0 0 0 0 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 37 0 1 38 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 185 0 0 01 185 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 3 0 3 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basinslnspection/Clean-L 0 2 96 0 98 1041 Img/ Weeding, Shrubs & Tree Trimming 46 29 201 6 282 1051 Landscape/Irrigation Contract Managemen 0 01 12 18 30 1052 Lighting/Electrical Contract Management 0 0 62 14 76 1061 Small Tools Repair/Maint. 2 0 1 0 3 1062 Equipment Repair/Maint. 3 2 1 0 6 1063 Vehicle Repair Maint. 25 16 2 0 43 1081 Trash/Litter/Recycable Removal 0 7 2 0 9 1082 Vandalism Repairs 1 0 0 0 1 1083 Graffiti Removal 117 78 20 13 228 1084 Paint. Yard Building Maint. 7 4 0 0 11 1085 Seminars/Training 2 11 32 8 53 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 124 23 0 0 147 1088 Meeting 11 46 6 29 92 1089 Office (Phone, paperwork, reports, Misc.) 42 46 4 62 154 SUBTOTAL 8641 724 5601 176 2324 1091 Over Time 12 19 0 0 31 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 32 20 0 0 52 1096 Vacation 64 24 16 16 120 1097 Holiday 40 32 24 8 104 1098 Floating Holiday 0 0 0 0 0 1099 lWorker Comp/ Bereavement 01 01 01 01 0 SUBTOTAL 148 95 40 24 307 TOTAL HOURS 1012 8191 600 2001 2631 TOTAL MILES 42581 52371 26951 2151 12405 372 Department Report: E LA Ui TA PiLICE Served by the Riverside County Sherirs Deparenent Police Department Monthly Report July 2009 Prepared for ..... -J� 3 7 3 La Quinta Police Department OSIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 07/O1 Wednesday (109) No Significant Activity 07/02 Thursday 111) 0037 hours — Deputy Pereyda conducted a vehicle stop in the 78400 block of Hwy. 111. Chelsea Diane Holbert was arrested for driving under the influence of alcohol. 0040 hours — Deputy Lopez was assisting Deputy Pereyda with a vehicle stop in the 78400 block of Hwy. 111. Michael Evans attempted to interfere with the investigation and was arrested for delaying a peace officer. 1410 hours- Deputy Dunlap responded to Wal-Mart and arrested Diana Reyes for shoplifting. 07/03 Friday (110) 1730 hours — Deputies responded to the 51200 block of Guatemala and Corporal Perez arrested Joshua Emmanuel eCarbajal for an active TRO warrant. He was taken into custody and transported to the Indio Jail. 1804 hours- Traffic Officer Reynolds conducted a traffic enforcement stop at Hwy 11 I and Adams Street. The driver, Pedro Sotelo, was arrested and booked into Indio Jail for driving under the influence of alcohol. 2045 hours — Deputy White conducted a vehicle stop at Desert Club and Calle Tampico and arrested Martin Perez Cambron for DUI. 2400 hours — Traffic Officer Hefley conducted an occupied vehicle check on Calle Durango and Eisenhower Drive. Antonio Villa-LaPando was found to be under the influence and had possession of drug paraphernalia. He was arrested and booked at the Indio Jail. 07/04 Saturday (90) 0030 hours — Deputy Glaspar conducted a vehicle stop at Washington and Ave. 48. Gregory Ashman was arrested for a DUI warrant. 0915 hours — Deputies responded to a traffic collision at Avenida Bermudas and Calle Colima. Deputy Lan arrested Cecilia Ramirez for DUI. Ramirez had crashed into a series of mailboxes, a block wall, a street sign, and came to rest on the sidewalk. Ramirez was transported to the Indio Jail for the booking process. 2310 hours — Deputy White responded to the area of Avenida Montezuma and Calle Colima regarding a report of shots fired. As he investigated the call, he observed a fifteen year old juvenile driving a blacked out vehicle. The juvenile was arrested for DUI. 07/05 Sunday (68) 0048 hours — Deputy Kibbey responded to Hwy. I I I and Washington regarding a person down. Gina Jones was arrested for public intoxication. "...9 374 1900 hours- Deputy Rowley conducted a vehicle stop at Corporate Center Dr. and Dune Palm. He arrested the O driver, Robert Ray Leonard, for two felony warrants and two misdemeanor warrants. Leonard was booked into the Indio Jail. 07/06 Monday (68) No Significant Activity 07/07 Tuesday (68) No Significant Activity 07/08 Wednesdav (73 2052 hours — SET Team deputies served a property related search warrant in the 83000 block of Ave. 44, City of Indio. The search warrant was related to a residential burglary in north La Quinta. Officers had developed information leading to a suspect, Rafael Cortez, out of Indio. During the service of the search warrant two small children belonging to Cortez and his common law wife Johanna Valenzuela were located inside the home as well as a neighbor, Monica Ochoa. At the time of service deputies observed Cortez, Valenzuela and Ochoa smoking suspected methamphetamine in a bedroom in the presence of thew children, both under 5 years of age. Officers seized suspected methamphetamine, marijuana, and drug paraphernalia, as well as suspected stolen property from the burglary. Cortez was arrested for residential burglary and child endangerment and booked into the Indio Jail. Valenzuela was booked for a felony theft warrant and an additional charge of child endangerment. Ochoa was booked for child endangerment, being under the influence of a stimulant drug, and possession of a controlled substance. Child Protective Services responded and took custody of the children. 07/09 Thursdav (81) O 0050 hours — Deputy Reynaga responded to the 51600 block of Avenida Velasco reference a report of a female bleeding at the location. Deputies searched the residence and located Jacqueline Tulipani who had a felony warrant for drug related charges. Tulipani had no injuries and was arrested and transported to Indio Jail. 1114 hours- Deputy Post responded to a domestic violence call in the 43100 block of Palm Royale. Leonard Flores had pushed his wife during an argument and she had fallen down. Flores was arrested for domestic battery and was transported to Indio Jail. 07/10 Friday (671 0320 hours — Deputy Abrego conducted a traffic stop at Washington x Fred Waring and arrested Juventino Cardona for DUI. 0435 Hours — Corporal Taylor received additional information relating to a burglary that had occurred in the 51100 block of Avenida Velasco on July 9. His investigation revealed that Gustavo Espinoza and Mario Espinoza had been involved. Both suspects were arrested for burglary and transported to the Indio Jail. 07/11 Saturday (67) 1242 hours — Deputies responded to a possible assault with a deadly weapon call at the Vista Dunes Apartments. It was determined that Jose Aguirre had been arguing with his girlfriend. Aguirre began shooting a paint ball gun at persons at the location and held a kitchen knife to the throat of one individual. Aguirre left the location prior to the arrival of deputies. 1907 hours - SET Team deputies served a property related search warrant in the 51600 block of Avenida Velasco. The warrant was related to the commercial burglary of Lamp Post Pizza. Deputies arrested Gary Gaylor for commercial burglary. Items were seized from the residence and additional arrests are anticipated. 375 1920 hours — Deputies Miller and Fiebig responded to the 44900 block of Vista Dunes and arrested Jose Aguirre ® for assault with a deadly weapon and child endangerment. He was taken to the Indio Jail for the booking process. 2100 hours — Deputies responded to a report of suspicious circumstances in the 78900 block of SR 111. A male juvenile was contacted by an adult male. The adult male asked the child personal questions such as, What's your address? Where are your parents? Are you here alone? What's your phone #? And what's your full name? When the juvenile's mother approached the male adult immediately left the area. 07/12 Sunday (61) 0200 hours- Deputy Abrego responded to the 54100 block of Avenida Martinez reference a domestic violence call. He arrested Alan Ledoux for felony domestic violence. Ledoux was booked into the Indio Jail. 2316 hours — Deputy Russell conducted a vehicle stop at Hwy. 111 and Dune Palms. Roderick Baldwin was arrested for driving under the influence of alcohol. 07/13 Monday (89) 2325 hours — Deputy Berry conducted a vehicle stop at Jefferson and Hwy. 111. Juan Manuel Deleon was arrested for driving under the influence of alcohol. 07/14 Tuesday (1004 2350 hours — Deputy Lopez responded to the 4770 block of Dune Palms regarding a report of vandalism and car theft. Carlos Marquez was located in the area and arrested for car theft and vandalism. 07/15 Wednesday (66) O 1938 hrs. -- Deputy Smith responded to a report of a vehicle burglary at Arnold Palmers Restaurant. An unknown suspect had broken the vehicle window and stolen a purse. 2040 hours — Deputies served an arrest warrant in the 52700 block of Avenida Alvarado. Corporal Perez and Deputy Newton contacted and arrested Drew Daniel Krumsholz for an active felony narcotics warrant. He was transported to the Indio Jail for the booking process. 07/16 Thursday (118) 1630 hours- Dep. Jauert responded to Wal-Mart regarding two juveniles in custody for shoplifting. Both juveniles were released to their parents. 07/17 Friday (105) 0320 hours — SET Team deputies served a property related search warrant in the 72800 block Calle Fortuna. The warrant stemmed from on ongoing investigation into the burglary of Lamppost Pizza. Deputies arrested Edward Foulger. 07/18 Saturday (71) 0136 hours — Motor Officer Frederick stopped a wrong -way driver at Camino Azul and Camino De Oro. Gerald Metcalf was arrested and booked for DUI. 0243 hours- Corporal Sasser responded to a vehicle burglary in the 52100 block of Avenida Ramirez. An unknown suspect shattered both side windows to gain entry. ® 0447 hours- Deputy Lun responded to a burglary in the 78100 block of Calle Tampico. Someone had broken a window with a rock and appeared to have made entry. No items were missing. 376 0 1924 hours- Dep. Berry responded to a suicide threat in the 79500 block of Dandelion. An adult female was intoxicated and very depressed and stated that she was going to stab herself to death with a kitchen knife. She was transported to JFK. 1927 hours- Deputies Espinoza and Anderson responded to Wal-Mart regarding a shoplifter in custody. Avra Duran was being detained for shoplifting. Duran was the guardian of four children whose parents were in Mexico at a family event and Duran was to care for them. Duran was booked for commercial burglary and the children were turned over to CPS. 2046 hours- Deputies responded to a report of a purse snatch at Wal-Mart. The victim said that an adult male came up from behind and grabbed her purse from her left hand. The victim did not struggle with the suspect nor was she injured. 07/19 Sunday (44) 0241 hours — Indio Police Department officers were in pursuit of a fleeing vehicle on Avenue 48 approaching Jefferson Street in the city of La Quinta. One of their units lost control and collided with a palm tree in the center median. The palm tree was knocked down. Their unit sustained major damage while their officer sustained minor injuries. 07/20 Monday (75 0155 hours- Deputy Martinez responded to Desert Hospital to contact an assault victim. The location of the assault was at a residence in the La Quinta cove. The suspect was known to the victim's mother. 1544 hours — Deputies Espinoza and Anderson responded to a traffic collision at Ave. 52 and Washington. The ® driver, John David Gill, was arrested for driving under the influence of alcohol. 1639 hours- Deputies Davis and Pereyda responded to a robbery in the 54200 block of Avenida Alvarado. The victim stated that male adult entered her residence and took miscellaneous j ewelry and cash. Cook heard an additional male suspect voice but never saw him. 1917 hours — Deputy Russell responded to the wash at Channel and Washington regarding vandalism in progress. Two juveniles were arrested for spray painting graffiti on the walls of the bridge. 1918 hours — Cpl. Taylor was flagged down in the 51600 block of Avenida Vallejo regarding a domestic battery. Deputies Anderson and Espinoza also responded and contacted the victim. She told deputies her husband, Anthony Piffero, assaulted her with a glass cup. Piffero was arrested and booked for domestic assault. 07/21 Tuesday (1> ) No Significant Activity 07/22 Wednesday (108) 1335 hours- Deputies responded to an alarm call in the 54900 block of Avenida Ramirez. Deputies located an open front door that appeared to have been kicked in. The homeowners will advise of any missing items once they inspect and inventory the residence. 1643 hours- Deputies Davis and Krachman responded to Wal -Mart and arrested Maricela Marquez for shoplifting. 07/23 Thursday (111) 4 377 1601 hours — Deputy Lopez responded to Target in reference a report of suspicious circumstances. Target O security watched an adult male follow females around the store. Security believed the male was attempting to steal a purse. Dep. Lopez contacted the male inside Target and conducted a Field Identification investigation. No crime had been committed and no arrest was made. 07/24 Friday (94) 1528 hours- Deputy Jauert responded to Wal-Mart and arrested Maria Frausto for burglary 1610 hours — Corporal Taylor conducted a pedestrian check at Wal-Mart. Fabian Abrica was arrested for two felony warrants for possession for sales and assault on a police officer. Abrica resisted while being arrested and was also charged for resisting arrest. 1753 hours- Deputy Burgie conducted a follow-up to a burglary investigation and arrested Kasey Barsamian for burglary, possession of stolen property, and committing a crime while being on bail. The arrest took place in Palm Desert. 1810 hours- Deputy Rodriguez responded to the 78600 block of Sonesta Street and arrested James Kyle Maxie for a restraining order violation. 2018 hours- Deputy Lopez responded to Wal-Mart and arrested a 16 year old juvenile for burglary. Booked at Juvenile hall. 07/25 Saturday (76) 1410 hours —Deputy Pittenger investigated a vehicle burglary in the 53000 block of Avenida Mendoza. An unknown suspect entered a locked vehicle and took a set of keys which had been left in the center console. The ® keys were later located in the front yard. 1429 hours — La Quinta SET deputies served a property related search warrant in the 46400 block of Monte Vista, Indio. The warrant stemmed from an ongoing investigation of a residential burglary that took place in April 2009 at a residence located in La Quinta. The search lead to the seizure of drug paraphernalia and suspected stolen property. Ysela Sinohuiz was contacted at the residence and arrested for two warrants. 1835 hours — La Quinta SET deputies served a property related search warrant in the 83300 block of Ave. 44, Indio. The warrant stemmed from an ongoing investigation of a residential burglary that took place in April 2009 at a residence in La Quinta. The search lead to the seizure of drug paraphernalia and suspected stolen property from the La Quinta burglary as well as a commercial burglary from the city of Indio. Monia Ochoa and Cesar Maya were booked into the Indio Jail for possession of stolen property. 2024 hours - La Quinta SET deputies served a property related search warrant in the 83300 block of Ave. 44, Indio. The warrant stemmed from an ongoing residential burglary that took place in April 2009 at a residence located in La Quinta. The suspect was not located during the search, and no evidence was obtained. 2030 hours- Deputy Berry responded to a shoplifter in custody at Marshall's. Elaine Lopez Yanez was arrested She was turned away from the Indio Jail and needed an okay to book due to medical reasons. The suspect was transported to JFK, but was cited and released due to her expected extended stay for an okay to book. 2031 hours- Deputy Kibbey responded to a domestic violence call at the La Quinta Resort. Darren Brennan was booked for misdemeanor domestic violence. The suspect was booked into the jail. 07/26 Sunday (45) 0315 hours- Deputy Miller contacted Dylan Villalta in the 52000 block of Avenida Navarro. Villalta was arrested Afor public intoxication and booked at Indio Jail. 378 1240 hours — Deputy Pittenger responded to a report of a theft in the 77700 block of Calle Monterey. An adult male removed items from a parked vehicle. 1854 hours — Deputy Abrego responded to Wal-Mart reference a shoplifter. Irene Ramos was arrested for shoplifting and booked into the jail. 1912 hours — Deputies Anderson and Espinosa responded to Highway I I I and Depot Dr. reference a minor injury traffic collision. The driver at fault, Martin Gutierrez, was arrested for three misdemeanor traffic warrants. He was booked into jail. 07/27 Monday 66) 1425 hours- Deputy Rigg arrested Eduardo Maldonado for embezzlement from the Home Depot. 1904 hours- La Quinta SET served a property related search warrant in the 4400 block of E. Camino Parocela, Palm Springs. The warrant stemmed from an ongoing investigation into a residential burglary inside the Del Oro Homes June, 2009. Simon Gomez was arrested without incident. Gomez was booked into the Indio Jail for burglary. 2100 hours — Deputy Espinosa was dispatched to the 53100 block of Avenida Juarez reference a domestic dispute. Ernie Cortazaiz was arrested for domestic violence. He was booked into the Indio Jail. 07/28 Tuesday (94) 0115 hours —Deputy Heffley conducted a traffic enforcement stop at Washington and Avenue 47, Brandon Ryan was arrested for DUI. He was booked into the Indio Jail. 2120 Hours — Deputies Davis and Pereyda conducted a vehicle stop on Washington St. X Calle Tampico. They arrested Vilma Hurtado for an outstanding felony warrant for assault with a deadly weapon. 07/29 Wednesday (110) 0347 hours- Deputy Michelle Hart responded to a traffic collision on Washington just north of the Whitewater channel. Jasmin Sanchez rear ended a directional trailer which was set up by a sub -contractor of the city of La Quinta while they repaired the street. All signs and markings were up and operational. No injuries were reported. Sanchez was arrested for DUI. 1530 hours — La Quinta SET served a property related search warrant in the 81200 block of Avenida Garcia, Indio. The warrant is related to an ongoing burglary investigation of a residence in N. La Quinta. Deputies located suspected stolen property, narcotics items and numerous items of evidentiary value. Deputies arrested Joshua Hernandez for an outstanding felony burglary warrant. A male juvenile was also present during the service of the search warrant. Charges of burglary will be filed out of custody on the juvenile. 2300 hours- Deputy Lewis responded to a domestic violence call in the 53800 block of Avenida Rubio. David Barrera was arrested for domestic battery. 2350 hours — Deputies Tortez and Wiggs conducted a vehicle stop on Highway 111. The driver was suspected to be under the influence of marijuana. Deputy Koedyker and his traffic training officer, Deputy Heffley, assumed the impairment investigation and arrested the driver, Arian Vargas, for driving while impaired by drugs. Marijuana and smoking paraphernalia were discovered during a search of the vehicle. Arian Vargas was booked at the Indio jail. 07/30 Thursday (99) O 0100 hours- Corporal Sasser was dispatched to a domestic disturbance at the La Quinta Police Department Village sub -station. Sara Friedman was arrested for an out -of -county misdemeanor DUI warrant. 6 379 O 2045 hours- Deputy Reynaga responded to the 85100 block of Cairo St., Coachella, in reference to a report of an assault that purportedly occurred in La Quinta. The reporting party stated that her ex-husband had assaulted their female daughter. The suspect stated that he had been intoxicated and didn't know what he was doing. Inv. Gaunt responded to conduct a follow-up investigation. 07/31 Friday (1)3) 1315 hours - Deputy Justin Pittenger contacted and arrested Ruben Ramirez for an active felony vandalism warrant. Ramirez was located in the 52900 block of Ave. Rubio. 2256 hours — Deputies Tortez and Wiggs conducted a traffic enforcement stop at Avenue 52 and Washington St. The driver, Jose Gomez, was arrested for felony DUI. Gomez has four prior DUI convictions. Total Calls for Service: 2,676 r 380 CITY OF LA QUINTA Traffic Services Team Report July 2009 Traffic Services Team Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton C.S.O. Delaney Dep. Reynolds SIGNIFICANT ACTIVITY The downward spiral for traffic collision activity within the city of La Quinta has continued during the month of July. Overall public roadway collision activity has dropped 19.37% when compared with the same time frame in 2008. When all collision activity is counted, the residents and visitors throughout our city have enjoyed a 15.63% collision rate reduction. Due to an alarming increase in collision activity involving bicycles, Traffic Services has increased safety enforcement programs during June and July. As a result, the month of July showed a decrease in reported bicycle involved collisions. As expected, Traffic Services will continue to monitor this identified trend and maintain its proactive approach to safety violations that contribute to this collision type. La Quinta Police Officers consistently average fourteen impaired driver arrests each month. Impaired driving collisions have stabilized throughout the city and actually receded 50%, comparative to 2008. However, the increased social activity brought by the cooler months and approaching holiday season warrant continued educational programs, combined with increased saturation patrols. In keeping with all developing trends, La Quinta Traffic Services constantly shifts its focus to meet the leading causes of collisions within the city boundaries. "��• 381 City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report ® July 2009 Current Month New YTD Last YTD % Change Total T/C - Public Highway 10 179 222 -19.37% Fatal Collisions 0 0 2 -100.00% Number Killed 0 0 2 -100.00% Injury Collisions 4 36 49 -26.53% Number Injured 5 42 70 -40.00% Property Damage 6 143 171 -16.37% Type of Collision Hit & Run 2 24 29 -17.24% Private Property 3 37 34 8.82% Bicycle Collisions 0 9 4 125.00% Number Injured - Bicycle Collisions 0 5 3 66.67% Vehicle vs. Pedestrian 0 7 0 Alcohol Involved 2 12 24 -50.00% '4 ports Taken By Patrol 12 185 197 -6.09% SRO 1 5 5 0.00% 0 0 Target Team 0 1 9 -88.89% Traffic 0 35 43 -18.60% DUTY UNKNOWN 0 1 4 -75.00% Detective 0 0 1 100.00% TOTAL REPORTS 13 216 256 -15.63% Counter Reports % DUI Arrests Investigations Assigned Last YTD This YTD Closed Open Hit and Run Primary Collision Factors Number % Total Unsafe Speed 5 38.46% Other Improper Driving 2 15.38% Improper Turning 2 15.38% wing Under Influence 2 15.38% safe Lane Change 1 7.69% Auto R/W Violation 1 7.69% 382 I� U n Deputy Prezell Burgie CITY OF LA QUINTA Business District Deputy Report July, 2009 SIGNIFICANT ACTIVITY I conducted an intensive investigation related to a commercial burglary that took place on the Hwy 111 business corridor. Two suspects broke into a business and stole two safes containing several thousand dollars. Surveillance video from the business facilitated the identification of both suspects and led to their arrest. I conducted a follow-up investigation related to a vehicle burglary occurring in the parking lot of a restaurant near Old Town La Quinta. The unknown suspect fraudulently used a stolen credit card at a business in the City of Indio. After reviewing surveillance video at the business I was able to identify the suspect from previous contacts. The suspect was subsequently located and arrested. Working cooperatively with Special Enforcement Team officers, I assisted in serving several search warrant relating to residential burglaries. As a result, property related to the crimes was recovered and several suspects were located and arrested. I attended a three day Advanced Officer Training class at the Ben Clark Public Safety Training Center. The Class focused on: 1. Interpersonal Communications e 2. Arrest and Control Techniques 3. Driving Force Options Simulator 4. Tactical Firearms Training 383 r� U O O Deputy Adonis Glasper Deputy Jessica Vanderhoof Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team July 2009 SET TEAM Supervising Sgt. Mark Hoyt Summary of Activity Deputy Tim White Deputy Claudia Rodriguez Deputy Shaun Hughes T e Of ACtivl # of Incidents Type of Activit # of Incidents Programs 10 lWeapons Recovered 2 Vehicle Checks/Stops 61 Arrest Warrants Served 14 Pedestrian Checks 37 Search Warrants 9 Follow-ups 35 Parole Searches 8 Citations Issued 4 Arrests/Filin s 22 SIGNIFICANT ACTIVITY During the month of July, officers assigned to the La Quinta Police Department Special Enforcement Team (S.E.T. Team) served nine property related search warrants throughout the Coachella valley. The nine search warrants were related to multiple ongoing investigations into residential, commercial, and vehicle burglaries occurring in the City of La Quinta. As a result of the search warrant efforts, SET Team deputies recovered a significant amount of stolen property, removed two weapons from the streets, and seized illegal narcotics. In addition to the property related items, SET Team deputies also identified numerous suspects and made multiple arrests for a wide range of charges. ,.... 1 384 CITY OF LA QUINTA Community Service Officer Report July 2009 C.S.O. Artesia Diaz C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land N Lzy� ;. w, 2_ Summary of Activitv Type of Activity Number of Incidents Bur lary Investigations 10 Grand Theft Reports 0 PettyTheft Reports 4 Vandalism/Malicious Mischief Reports 2 Traffic Collision Response 13 Vehicle Code or Parking Citations 127 Abandoned Vehicles TaggedMarning 32 Towed Vehicles 2 Lost or Found Property Reports 4 Stolen Vehicle Report 1 Custodial / Non -Custodial Transport 26 Miscellaneous Calls 157 385 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report July 2009 Summary of Activitv Commui Policing Office Number I Citizens On Patrol Number 'Monthly Volunteer Hours 175 Training Hours 0 Hours Y.T.D. 1,159 Business Checks 11 Hours 4/03 to Present 17,123 Community Events 0 CPO Monthly Visits 94 Courtesy Notifications 3 CPO Y.T.D. Visits 695 Miscellaneous Activity 0 CPO Visits 4/03 to Present 13,195 Neighborhood Patrol 3 Vacation Checks 9 Patrol Hours 16 Y.T.D. Patrol Hours 563 Hours 7/06 to Present 4,178 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: $27,965.00. Total savings since 2003: $344,928.00. 386 0 0 CITY OF LA QUINTA Post 503 Explorer Report Jul-09 Corporal Andy Gerrard Explorers J. Ornelas, F. Flores, A. Ornelas and A. Becerra teaching close order drill and marching to new cadets at the La Quinta Police Department's annual summer "Youth Academy" Post 503 personnel have been enlisted to assist the La Quinta Police Department School Resource Officers as they prepare for the 2009 Youth Academy. Explorer volunteers will help supervise and instruct academy participants in the following activities: --close order drill and marching. --confidence and team -building exercises. --public safety presentations. --off site field trips. The annual youth academy provides a great leadership training opportunity for Post 503 Explorers. Weekly Post 503 meetings covered academy orientation, boat patrol briefing, swimming skill testing, drill and marching, as well as physical conditioning training. Explorer members also enjoyed playing "squad soccer" and football games. The Police Explorer program is a career education and guidance experience for young men and women between the ages of 14 and 20. (Younger participants must have completed the 8th grade.) Explorer members must maintain a minimum grade point average of 2.0 ("C") to be eligible to remain in the program. ® Post 503 meetings are held on Wednesday evenings, 5:00 p.m. -- 7:00 p.m. at the Indio station of the Riverside County Sheriffs Department (82-695 Dr. Carreon Blvd.). For information about the Post 503 Explorer program, please contact Cpl. Andy Gerrard at 760-863-8990. 387 Department Report: LA' Ul TA PiLICE Served by the Riverside County Sherf3 Departiml Crime Statistics Summary June -- 2009 Ol Prepared for 11 388 PART I: 4 10 11 12 13 CITY OF LA QUINTA Crime Comparison -- June CRIME June June YTD 2009 YTD 2008 2009 2008 AGGRAVATED ASSAULT 4 2 30 28 BURGLARY 39 30 251 253 BIJRGLARY- VEHICLE 15 15 130 117 DOMESTIC VIOLENCE 8 9 90 87 HOMICIDE 1 0 1 1 NARCOTICS VIOLATIONS 15 20 147 98 ROBBERY 2 5 13 20 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 5 0 33 16 SEX CRIME MISDEMEANOR 2 2 15 7 SIMPLE ASSAULT 6 11 42 54 THEFT 59 62 408 366 VEHICLE THEFT 5 6 48 60 CITY OF LA QUINTA DISPATCH INFORMATION - June 2009* NUMBER OF TYPE OF CALL RESPONSE TIME MINUTES INCIDENTS EMERGENCY 3.98 5 ROUTINE 8.01 1,226 Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 389 Crime Distribution Table Jun-09 % of Total Jun-08 % of Total 1 AGGRAVATED ASSAULTS 4 2.48% 2 1.23% 2 BURGLARY 39 24.22% 30 18.52% 3 BURGLARY - VEHICLE 15 9.32% 15 9.26% 4 DOMESTIC VIOLENCE 8 4.97% 9 5.56% 5 HOMICIDE 1 0.62% 0 0.00% 6 NARCOTICS VIOLATIONS 15 9.32% 20 12.35% 7 ROBBERY 2 1.24% 5 3.09% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 5 3.11 % 0 0.00% 10 SEX CRIME MISDEMEANOR 2 1.24% 2 1.23% 11 SIMPLE ASSAULTS 6 3.73% 11 6.79% 12 THEFT 59 36.65% 62 38.27% 13 VEHICLE THEFT 5 3.11% 6 3.70% Total 161 97.52% 162 98.77% CITY OF LA QUINTA June 2009 Crime Distribution 70 59 60 50 39 40 30 20 — 15 — is ---- .k $ 0 D) C'H�: c � Mc'7 � O F n XC Y < C=� r,D [n �< F> m Y T, o a �m a t� 390 Cl Month to Month Crime Comparison - June 70 60 50 ��An �mxOAM 450 400 350 300 250 200 150 100 500 t Yearto Date Crime Comparison - June 66 .... 25253 B YfD 2009 11 17D 2008 147 9087 8 18— (1 —t321 D 33J6—tS 7 — 4860- — - -1 < a a > f�a rA o a a . 391 Month to Month Calls for Service Comparison June 2009 3,000 2,572 2,500 2,114 2,000 t7 Jun-09 1,500 1344 1,231 1,26--6 p — Jun-08 1,000 j AI 500 0 Total Non-Crinenal Criminal Year to Date Calls for Service Comparison 18,000 15,508 16,000 Iu 14,114 Wi1''il 12,000 10,000 _ 8,613 O YTD 2009 `� 7,895 8,095 p YTD 2008 8,000 4, 6,019 6,000 4,000 kys. 2,000 J i, 0 Total Non -Criminal Criminal 392 Department Report: U LA UI TA Pi -LICE Served by the F9verside CourAy SheriRs Departnerrt Police Department Monthly Report August 2009 Prepared for 393 La Quinta Police Department ® SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 08/01 Saturday (66) 0830 hours — Deputies responded to a report of an intoxicated subject in the 51100 block of Calle Paloma. A male juvenile was found banging on the back door to a residence in the area. Deputy Hughes contacted the juvenile and confirmed that he was intoxicated and he was taken into custody. He was then transported to the Indio Juvenile Hall for the booking process. 1150 hours — Deputy Fiebig responded to a report of a mentally disturbed person in the 51700 block of Avenida Alvarado. Deputy Fiebig located an adult female who had self inflicted knife wounds to her arms and told him that she wanted to kill herself. AMR transported her to JFK for medical treatment. 08/02 Sunday (66) 0107 hours — Deputy Martinez responded to the 55-500 block of Winged Foot regarding a nude male. According to the reporting party, they arrived home and found the unknown male sleeping nude in a bed. The male was intoxicated and wandered into the wrong condo. He was released to his wife who was Osleeping in the adjacent condo. 0812 hours — Deputy Justin Pittenger was patrolling the La Quinta Cove when he saw numerous acts of graffiti on walls and businesses. Several paint cans and a pair of shoes were recovered. City personnel responded and estimated the damage to be over $1,000.00. 08/03 Monday (73) 2229 hours — Deputy Anderson conducted a traffic enforcement stop at Via Bollero and Washington St. Robert Deckert was arrested for DUI. And he was released to a responsible party due to a physical disability. 08/04 Tuesday (88) 0025 hours — Deputies responded to a report of vandalism near southbound Jefferson St and Esplanade Del Oro. An off -duty deputy's vehicle was struck by a rock causing moderate damage. It appears the suspects were throwing rocks over the wall from a construction site in the area. 0153 hours — Deputies responded to a second report of vandalism near southbound Jefferson St and Esplanade Del Oro. The victim's vehicle sustained minor damage. Deputies walked the construction site, but did not locate the suspects. 1600 hours- Deputies were dispatched to a report of a residential burglary in the 45300 block of Desert Fox. The suspect appeared to force open a rear bedroom window to enter the residence. They stole electronic items as well as a vehicle at the location. 1600 hours — Deputies responded to the 45200 block of Desert Hill Ct. to investigate a residential burglary. eThe suspect(s) pried open the rear garage door and stole electronic items. 394 2130 hours- Deputy Anderson conducted a traffic enforcement stop on Washington at Tampico. The driver, Richard Grey Reinjohn, was arrested for driving while under the influence of alcohol. Reinjohn was booked into the Indio Jail 2350 hours — La Quinta SET Deputy White served a felony drug warrant on Ricky Rodriguez at the Indio jail. Rodriguez is already in custody on a robbery charge. 08105 Wednesday (90) 0207 hours - Deputies Koedyker and Heffley conducted a traffic stop at the intersection of Washington St. and Ave 48. James Major was under the influence of alcohol and was arrested for DUI. 2020 hours- Deputies Frederick and Espinoza responded to a report of a hit and run collision at Calle Sonora and Eisenhower Dr. The suspect vehicle collided with another vehicle, fled the scene, parked nearby and the driver and passenger fled from the suspect vehicle. Information located identified one suspect as Sandra Neira and she was located a short distance away and arrested. The victims in this investigation sustained minor injuries and the driver was transported to JFK. 2038 hours- Deputy Ramos responded to the Stater Bros parking lot to investigate a report of a fight between a male and female. Robyn Lind was determined to be the aggressor and was arrested for felony spousal battery. Lind was also charged with possession of methamphetamines and drug paraphernalia. 08/06 Thursday 1( 11) 0429 hours — Deputy Eric Speir came upon a moderately damaged vehicle parked in the northbound lane of Washington and Eisenhower Dr. The windshield was smashed and the vehicle could not be driven. A damaged city sign was discovered in the center median south of the location. Investigation led Deputy ® Speir to identify the missing driver. I800 hours — Deputies Davis and Pereyda conducted a traffic enforcement stop at Adams and Miles. The passenger, Bryan Keith Morast, was arrested for an outstanding felony warrant for fraud out of San Diego. 08/07 Fridav (112 1040 hours — Deputy Rowley responded to the 45900 block of Las Colinas to a report of a burglary. A suspect entered the home through a locked master bedroom window and took electronic equipment. 1345 hours —Deputy Rowley responded to a report of a burglary in the 45900 block of La Flor. An unknown suspect entered the home through a locked kitchen window and took computer and electronic equipment. 2137 hours- Deputy Jauert responded to Kohl's Department Store and arrested Theresa Patino and Divina Franco for burglary. 08/08 Saturday (58) 0148 hours — SET Deputy Hughes conducted a vehicle check and Michael Lachman was arrested for possession of methamphetamine. 1230 hours- Deputy Pittenger responded to the 54900 block of Oakhill reference an open door reported by security. Deputies found that the elderly owner of the residence had passed away in bed. The coroner arrived on scene and upon inspection stated there were no obvious signs of trauma. " �� 395 2100 hours —Deputy Kibbey conducted a follow-up investigation in the 52300 block of Avenida Bermudas e in reference to an embezzled vehicle at the location. Christopher English was arrested for embezzlement and booked into the Indio Jail. 2215 hours — Deputy Anderson conducted a traffic enforcement stop at Avenida Diaz and Calle Montezuma. Rose Martinez was arrested for DUI and booked at the Indio Jail. 08/09 Sunday 03) 1832 hours- Deputy Anderson conducted a traffic enforcement stop on La Fonda and Bermudas. The driver, Donavin Worthington, was found to be driving while under the influence of alcohol. 2124 hours- Deputies responded to a report of a prowler in the 45200 block of Desert Air. A perimeter was set up for two juveniles that were seen in the areajumping fences but deputies were unable to locate them. Deputy Russell handled an attempted theft in the 45000 block of Desert Air. 08/10 Monday (103) 0311 hours — Deputy Lim responded to the 43100 block of Palm Royale reference a burglary. The victim heard someone force open her front door and she called 911. It appears the suspect was scared off by the victim's dog when it began to bark at the sound of the door being forced open. 1259 hours -Deputies Tortez and Wiggs conducted a traffic enforcement stop on Dune Palms at SR 111. The driver, Angel Borjorquez Cruz, was found to be in possession of a small quantity of methamphetamine. Cruz was booked into the jail. 1634 hours- Deputy Kibbey conducted a bicycle stop on Avenida Bermudas and Durango. The rider, O Joseph Skahill, was found to be under the influence of a stimulate. During a pat down for contraband, Deputy Kibbey located a small quantity of methamphetamine on his person. Skahill was booked into the jail. 2230 hours- Deputies Davis and Pereyda responded to the 53600 block of Avenida Martinez to a domestic disturbance. Kip Vedrine was arrested and booked for felony domestic battery. 08/11 Tuesday (87) 1841 hours- Deputies responded to the 55500 block of Medalist Dr. reference a domestic battery. Robert Castells had assaulted his live-in girlfriend and fled prior to the arrival of deputies. Castells was found thirty minutes later hiding in the area. He was arrested and booked into jail. 08/12 Wednesday (104) 0511 hours — Deputy Speir responded to the La Quinta Boys & Girls Club at Park and Avenue 50 in reference a burglary. A large rock had been thrown through one of the north side windows but no entry was made. Another north side window was shattered and entry was made. 1400 hours — Traffic Sergeant Walton and Traffic Corporal Covington were stopped in the construction area along Dune Palms Rd. and Highway 11 I. While monitoring the slurry seal lane closure for northbound Dune Palms Rd., a vehicle driven by John David Lambert made an illegal turn onto Dune Palms Rd. Mr. Lambert drove north in the southbound lanes of Dune Palms Rd., nearly colliding head-on with several southbound vehicles. Corporal Covington evaluated and arrested Lambert for driving while intoxicated and driving a vehicle with a suspended driver's license for DUI. Lambert was booked at the Indio jail. r....396 1402 hours- Deputies Davis and Pereyda responded to EMC to an elder abuse call. An elderly female had O been driven to EMC by family members. Deputies arrived and medical staff indicated the injuries were caused by neglect. Investigation responded to handle the case. 2300 hours -- La Quinta SET, working in conjunction with IPD SET and the Coachella Valley Gang Task Force, served two simultaneous search warrants in the City of Indio reference the Boys and Girls Club burglary that occurred earlier in the morning. The primary suspects, Richard Lawrence White and Kai Anthony Quick, were located. White and Quick returned some of the stolen property, and implicated themselves as be involved in the burglary. The suspects also provided information regarding the burglary. Additional search warrants for the outstanding property, along with arrests warrants for additional suspects are anticipated. 08/13 Thursdav (101) No Significant Activity 08/14 Friday (103) 0730 hours -- Dep. Illera responded to the 80400 block of Avenue 52 regarding a report of stolen mail. A locked mailbox had been pried open and outgoing mail had been stolen. 1240 hours -- Dep. Illera responded to La Quinta Resort regarding a report of a theft. An employee discovered the theft of alcoholic beverages from the main bar/pool liqueur room. 1717 hours -- La Quinta SET deputies conducted a warrant service in the 51500 block of Eisenhower Dr. and arrested Todd Michael Loomis for an outstanding felony warrant. ® 1830 hours -- La Quinta SET deputies arrested Cynthia G. Rocha for an outstanding felony after using a telephonic rouse to locate her. Rocha voluntarily went to the La Quinta Sub Station where she was taken into custody. 2010 hours-- Deputy Koedyker conducted a pedestrian check at Avenida Herrera and Calle Arroba and arrested Rene Chapa for a domestic violence restraining order warrant. 2315 hours — Deputies responded to the 51700 block of Avenida Carranza reference a domestic dispute. The victim stated that her boyfriend, Estir Salazar, had threatened her with a knife. Deputies arrived at the location and were standing near the driveway when Salazar returned home and parked in the garage. Salazar locked himself in his vehicle. Deputies spoke with Salazar for about one hour in an attempt to get him to peacefully surrender, however, he still refused and deputies forced entry into the vehicle. Salazar was taken into custody and was arrested for assault with a deadly weapon, assault with a deadly weapon on a peace officer, vandalism and DUI. 08/15 Saturday (70) 1230 hours — Deputy Illera responded to a report of found property in the 77100 block of Calle Montezuma. A safe had been found in the driveway of a residence. The safe was taken as found property and taken to the Indio Station for prints. 1320 hours — Deputy Fiebig investigated a report of a commercial burglary at Kohl's department store. Deputy Fiebig contacted and arrested two female juveniles for taking items and leaving the store without paying for them. Both admitted to entering the store to commit the crime. They were each taken to Juvenile Hall for the booking process. 08/16 Sunday (68) A0115 hours — Deputy Lun responded to the 45300 block of Coldbrook Lane regarding a verbal disturbance. '.... .. 397 Albert Vega Sargent was arrested on a misdemeanor DUI warrant. O0815 hours — Deputy James investigated a report of a vehicle burglary in the 43100 block of Palm Royale. An unknown suspect(s) smashed the side window of the vehicle and took numerous cooking knives from within the vehicle. No evidence was located at the scene. 1140 hours — Deputy James investigated a vehicle burglary in the 43100 block of Palm Royale. An unknown suspect(s) smashed the side window to the vehicle and took 2 I -pods from within the vehicle. No evidence was located at the scene. 1705 hours- Deputy Berry responded to Washington Street and Channel drive and arrested Sean Patton for vandalism. 2202 hours- Deputy Berry responded to Stater Bros Market in reference to a beer run. A license plate check of the suspect vehicle led deputies to the 78800 block of La Palma Street. Deputies arrested Jamie Rosbottom, Geoffrey Johnson, and Dharam (Dave) Salanki for burglary. They were booked at the Indio Jail. 08/17 Monday (106) 1635 hours — Corporal Taylor conducted a vehicle stop on Calle Tampico X Washington St. The passenger, Ruben Villasenor, was arrested for three outstanding D.U.I. warrants. 1859 hours — Dep. Heffley arrested Joseph Mastroluca for reckless driving. Mastroluca was northbound on Washington Street when he accelerated raising his front wheel off of the roadway. Mastroluca was booked at Indio Jail. 1933 hours — Deputies Anderson, Pereyda and Corporal Taylor responded to the 79800 block of Tangelo reference a suicidal person. Deputies arrived and located an adult female unresponsive on her bed. She had digested a combination of medications and alcohol. She was transported to JFK Hospital and, when released, will be transported to Mental Health for a 72 hour evaluation. 08/18 Tuesday (94) No Significant Activity 08/19 Wednesday (140) 0200 hours — Corporal Taylor responded to the 53700 block of Calle Obregon reference a suspicious person. Christopher Turley was arrested for vandalism. Turley was transported and booked into the Indio Jail. 08/20 Thursday (143) 0001 hours — Motor Deputy Hefley stopped Joseph Rose at Calle Durango and Avenida Herrera. Rose was being followed by a citizen who witnessed very bad driving actions. Rose was subsequently arrested for DUI. 1020 hours — La Quinta Officers, Gang Enforcement Units and members from the La Quinta SET Team received information that Garret Dale was at a residence in the 79300 block of Desert Stream. Dale had an active felony warrant for his arrest and was wanted for questioning in a home invasion and attempted murder case in Palm Springs. After a brief stand off, Dale was taken into custody without incident. 1109 hours- Deputies responded to the 44700 block of Monticello to investigate a report of a residential ® burglary in progress. Upon the deputy's arrival two male juveniles, both of Coachella, were located inside 398 the residence. The juveniles were taken into custody and booked into Indio Juvenile Hall. The suspects ® admitted to burglarizing several other homes in the north end of La Quinta over the past two weeks. 1907 hours — La Quinta SET deputies, with the assistance of Coachella Community Action Team, went to a residence in the 50000 and 50100 blocks of Balboa to conduct follow up of an earlier residential burglary in La Quinta. Deputies recovered stolen property from burglaries in La Quinta and Coachella. 2302 hours — Deputy Martinez responded to a report of a hit and run traffic collision at Eisenhower and Coachella Drive. The suspect abandoned her vehicle in the center median. The suspect, Andrea Hayes, was located in the 51500 block of Avenida Martinez. Hayes was arrested for DUI and hit and run. O8/21 Friday (98) 1600 hours — Business District Deputy Burgie responded to KOHLS reference a theft in progress. Deputy Burgie arrested Michelle Torres after she left the store without paying for items valued at $300.00. Torres was booked into the Indio Jail for shoplifting and possession of drug paraphernalia. 08/22 Saturday (95) 0130 hours — La Quinta SET Deputy Glasper conducted a traffic stop at Ave. 50 X Eisenhower Dr. and during his investigation found Cody Abbott to be in possession of burglary tools. Abbott was booked into the Indio Jail for violation of probation and possession of burglary tools. 0208 hours — Deputy Martinez responded to the 49400 block of Eisenhower Dr. in reference to a vehicle burglary. Based on information provided to him, Deputy Martinez located two suspects in the area of Calle Montezuma and Avenida Velasco. Erasmo Vasquez and Arturo Vasquez were arrested for vehicle burglary, possession of stolen property and conspiracy. O1554 hours- Deputy Kibbey responded to the 52600 block of Avenida Bermudas in reference to a report of domestic violence. The victim stated her ex -boyfriend, Malcolm Tapia, had arrived at the location and had threatened and assaulted her. Tapia, who had left the location prior to deputies arriving, was stopped in the 38600 block of Jefferson Street, Indio, and taken into custody without incident. Tapia was arrested for domestic violence. 1806 hours- Deputy Newton responded to Wal-Mart and arrested Flor Arias for embezzlement. 1834 hours- Deputy Scott responded to the 79000 block of Hwy 1 I I in reference to a burglary. Deputy Scott arrested Justin Lanning for burglary. 2013 hours- Deputy Kibbey responded to the 53500 block of Avenida Mendoza in reference to a domestic disturbance and arrested James Wiskircher for domestic violence. O8/23 Sunday (51) 0002 hours — Deputy Pereyda conducted a traffic stop at Highway I I I and Dune Palms. Jeffery Loftsgarden was arrested for DUI. 1532 hours: Corporal Taylor responded to a shoplifting call at Kohl's Department Store. Arrested for burglary were Christina Titford, David Trujillo, and Morgan Hancock. 2027 hours- Deputy Kibbey responded to a shoplifting call at Kohl's Department Store. The suspects had left the location and were being followed by store security. Deputy Kibbey located the vehicle at Madison Street and Hwy.I I 1 and arrested Nicolas Meza for burglary and driving under the influence. His passenger, ® Joseph Meza, was arrested for traffic warrants. 399 08/24 Monday (98) 1414 hours- Deputy James responded to the 78900 block of Zenith Way reference a domestic disturbance. He arrested Leon Kochakis for domestic violence after Kochakis assaulted his wife. 1502 hours- Deputies responded to the 50600 block of Eisenhower Drive in reference to a suicidal subject. A 32 year old female had stabbed herself in the stomach with a knife sustaining a non -life threatening injury. She was transported to Desert Regional Medical Center for treatment. 08/25 Tuesday (117) 2112 hours — Deputy Anderson conducted a pedestrian check at Highway I I I and Simon Dr. Christopher Taurick was arrested for possession of a small quantity of heroin and methamphetamine. 08/26 Wednesdav (93 0650 hours — Deputy Alexander investigated a vehicle burglary in the 50600 block of Eisenhower Dr. An unknown suspect(s) pried open the driver's side door to a vehicle and entered the vehicle. 0750 hours — C.S.O. Ayon investigated a vehicle burglary in the 50600 block of Eisenhower Dr. An unknown suspect(s) broke the rear window to a vehicle and entered the vehicle. 0810 hours —Cpl. Perez investigated a vehicle burglary in the 50600 block of Eisenhower Dr. An unknown suspect(s) broke the rear window to a vehicle and entered the vehicle. 1320 hours — Deputy Feldman investigated a report of the violation of a domestic violence restraining order at SR I I I and Adams St. at the bus stop. Deputy Feldman arrested Richard Platfoot for violating an active o court order protecting his former girlfriend who was also at the bus stop. He was transported to the Indio Jail for the booking process. 1510 hours- Deputy Newton responded to Marshalls in reference to a female adult and female juvenile detained at the location for theft. Mayra Ulloa was arrested for commercial burglary and booked into the Indio Jail. The female juvenile, was arrested for shoplifting and released to her parents. 2121 hours- Deputy Ramos responded to the Wal-Mart store in reference to a subject detained at the location for theft. Jessica Marie Garcia was arrested for commercial burglary and booked into the Indio Jail. 2150 hours- Corporal Taylor responded to the 82100 block of Solar Court, Indio, in reference to an assault that occurred in a commercial parking lot in La Quinta. The victim said she was driving through the shopping center when a vehicle cut her off in the parking lot. The victim said three females got out of the vehicle and assaulted her. 2330 hours - La Quinta SET Deputy T. White conducted a ped check of Mark Garcia at Calle Durango and Avenida Obregon. and found him in possession of methamphetamine. Garcia was booked into the Indio Jail. 08/27 Thursday 1�2 1458 hours- Deputy Ramos responded to Target in reference to a subject detained at the location for theft. Evelyn Delcid was arrested for commercial burglary and was transported booked into the Indio Jail. 1813 hours — La Quinta SET Deputy Chancellor conducted a traffic stop at Avenida Velasco and Avenida O Montezuma. The passenger, Michael Zubia, ran from the vehicle. The driver, Jacob Reyes, was detained in the vehicle. Deputies set up a perimeter and after a lengthy foot pursuit Zubia was arrested. Zubia was arrested for possession of a controlled substances and resisting arrest. Zubia was booked into the Indio Jail. 400 1917 hours- Deputy Ramos responded to Wal-Mart in reference to a subject detained at the location for theft. Maya Bizik, 23 years -old of La Quinta, was arrested for commercial burglary and booked into the Indio Jail. 2210 hours — Traffic Service Officer Delaney and Community Service Officer Diaz witnessed a vehicle driving erratically in the La Quinta Cove. Motor Officer Heffley stopped the vehicle on Calle Rondo near Calle Tampico. The driver, Robert Deckert, was arrested for driving while impaired by alcohol and prescriptive drugs. A search of Deckert's belongings discovered a switchblade knife. Deckert was booked at the Indio Jail for driving while impaired and possession of the illegal knife. 08/28 Fridav (117 0645 hours — Deputy Fiebig investigated a report of a vehicle burglary in the 54700 block of Avenida Juarez. An unknown suspect(s) smashed the side window with a rock and took a duffle bag containing clothes. 0905 hours - Deputy Fiebig investigated a report of a vehicle burglary in the 54800 block of Avenida Juarez. An unknown suspect(s) pulled down the driver's window and made entry. Deputy Fiebig was able to recover latent prints. 0935 hours — Deputy Illera investigated a report of a vehicle burglary in the 53100 block of Avenida Juarez. An unknown suspect(s) smashed the side window with a rock and took a duffle bag containing tools. 1000 hours- Motor Officer Wiggs conducted a vehicle stop on Eisenhower and Durango. The driver, Michael Portillo, was arrested for possession of Opium and for being under the influence of a controlled substance. He was booked into Indio Jail. 1120 hours — Deputy Pittenger investigated a burglary in the 78800 block of Spyglass Hill. An unknown suspect(s) entered the locked residence and removed appliances. 1734 hours- Deputy Newton responded to the 51400 block of Calle Paloma in reference to an unattended death. An elderly female was found deceased by her caretakers. There were no apparent signs of foul play. 1915 hours — La Quinta SET deputies served a property related search warrant in the 50300 block of Jackson St., Coachella. The warrant stemmed from a grand theft investigation. Deputies located suspected stolen property and methamphetamine. Laura Gayler was arrested and booked into the Indio Jail for possession of methamphetamine and grand theft. 2257 hours — Deputy Miller responded to the 78500 block of Estelo Ct. regarding an assault. The victim stated that the suspect forced entry into his residence and assaulted him. Deputies arrested the suspect, Russell Sorling, for assault with a deadly weapon, burglary and criminal threats. 2300 hours — Deputy Newton conducted a traffic enforcement stop at Avenue 54 and Madison. Glenn Anderson was arrested for 10 misdemeanor traffic warrants and for having false DMV registration tabs on his vehicle. 08/29 Saturday ('71) 1615 hours- Deputy Scott responded to Kohl's in reference to two female subjects detained at the location for theft. Marie Elisa Flores and Laura Jasmine Rodriguez were arrested for theft and booked into the Indio Jail. ,....'' 401 O 2316 hours —Deputy Anderson conducted a traffic stop at Avenida Martinez and Sinola. Joaquin Castillo was arrested for DUI. 08/30 Sunday (60) No Significant Activity 08/31 Monday (109) 0725 hours: Deputy Hart conducted a traffic enforcement stop at Jefferson and Ave 48. The driver, Jose Antonio DeLaRosa, was found to have two outstanding felony warrants for driving under the influence and possession of drugs. DeLaRosa was booked into the Indio Jail. 1518 hours- Deputy Rigg responded to Kohl's in reference to a female detained at the location for theft. Melissa Colgrove was arrested for burglary. 2051 hours- Deputy Anderson responded to a report of a disturbance at Calle Durango and Avenida Juarez. Dep. Anderson arrested Francisco Hernandez for public intoxication. Total Calls for Service: 2,868 CITY OF LA QUINTA Traffic Services Team Report August 2009 Traffic Services Team Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton C.S.O. Delaney Dep. Reynolds SIGNIFICANT ACTIVITY The downward spiral for traffic collision activity within the city of La Quinta has continued during the month of August. Overall public roadway collision activity has dropped 17.86% when compared with the same time frame in 2008. When all collision activity is counted, the residents and visitors throughout our city have enjoyed a 13.84% collision rate reduction. Due to an alarming increase in collision activity involving bicycles, Traffic Services has increased safety enforcement programs. As a result, the citizens of La Quinta enjoyed a decrease in reported bicycle involved collisions. As expected, the Traffic Services Team will continue to monitor this identified trend and continue its proactive approach to safety violations that contribute to this collision type. La Quinta Police Officers consistently average fourteen impaired driver arrests each month. Impaired driving collisions have stabilized throughout the city and actually receded 50%, comparative to 2008. However, the increased social activity brought by the cooler months warrants continued educational programs, combined with increased saturation patrols. In keeping with all developing trends, La Quinta Traffic Services constantly shifts its focus to address the leading causes of collisions within the city boundaries. "... i 403 City of La Quinta La Qulnta Police Department Monthly Traffic Collisions Report OAugust 2009 Current Month New YTD Last YTD % Change Total T/C - Public Highway 15 207 252 -17.86% Fatal Collisions 0 0 3 -100.000/0 Number Killed 0 0 3 -100.00% Injury Collisions 2 40 57 -29.82% Number Injured 3 47 81 41.98% Property Damage 13 167 192 -13.02% Tvoe of Collision Hit & Run 6 33 38 -13.16% Private Property 3 42 37 13.51% Bicycle Collisions 0 10 5 100.00% Number Injured - Bicycle Collisions 0 6 4 50.00% Vehicle vs. Pedestrian 0 7 0 AicoholInvolved 3 16 29 44.83% OReooRs By Taken Patrol 15 211 226 -6.64% Traffic 3 40 47 -14.89% 0 0 SRO 0 5 5 0.00% Target Team 0 2 9 -77.78% DUTY UNKNOWN 0 1 4 -75.00% Detective 0 0 1 100.00% TOTAL REPORTS 18 249 289 -13.84% Counter Reports % DUI Arrests Investigations Assigned Last YTD This YTD Closed Open Hit and Run Primary Collision Factors Number % Total Unsafe Lane Change 3 16.67% Other Improper Driving 3 16.67% Driving Under Influence 3 16.67% Unsafe Speed 2 11.11 % raffic Signals and Signs 2 11.11 % nsafe Starting or Backing 1 5.56% Improper Turning 1 5.56% Improper Passing 1 5.56% Following Too Closely 1 5.56% 404 L Ll Deputy Adonis Glasper Deputy Jessica Vanderhoof Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team August 2009 S.E.T. TEAM Supervising Sgt. Mark Hoyt SulTlmary of Activity Deputy Tim White Deputy Claudia Rodriguez Deputy Shaun Hughes Type of Activity # of Incidents Type of Activit # of Incidents Programs 4 JWeapons Recovered 0 Vehicle Checks/Stops 87 Arrest Warrants Served 14 Pedestrian Checks 32 Search Warrants 3 Follow-ups 24 Parole Searches 21 Citations Issued 13 Arrests/Filin s 19 SIGNIFICANT ACTIVITY During the month of July, officers assigned to the La Quinta Police Department Special Enforcement Team (S.E.T. Team) served three property related search warrants throughout the Coachella valley. Items of stolen property were recovered at the various locations and three suspects were taken into custody. S.E.T. Deputies responded to a report of a residential burglary in progress. Arriving deputies secured a perimeter at the residence and located two male juveniles inside the residence. A window had been forced open to gain access to the residence interior. The two suspects admitted to having burglarized ten other homes in La Quinta within the past month. Within hours of being assigned to investigate a burglary at the La Quinta Boys and Girls Club, S.E.7. Deputies developed information that led to the identification of the suspects. Search warrants were served at the home of the suspects and items of stolen property were located. The suspects were not at the location and warrants were prepared for their arrest. 405 CITY OF LA QUINTA School Resource Officer Report August 2009 La Quinta Police Chief Rodney Vigue Addressing the Academy Students Ath Annual La Quinta Police Cadet Academy School Resource Officers Dep. Thomas Hendry Dep. Kevin Moore Dep. Rebecca Smith Academy Highlights Demonstrating the same team spirit that they sought to develop in academy participants, School Resource Officers Hendry, Moore and Smith conducted a very successsful 2009 La Quinta Police Cadet Academy. The four week academy, July 27 -- August 20, was held on the campus of Summit High School. Forty-one students attended and completed the academy program. Nine young people, including police Explorers and previous academy graduates, assisted the School Resource Officers throughout the week. Topics of instruction included: Ethics, Defensive Tactics, Firearms Safety, Hazardous Device Safety and Drunk Driving Prevention. Students also participated in field trips to the Indio Jail, Larson Justice Center, Marine Corps Recruit Depot in San Diego and the Simon Wiesenthal Museum of Tolerance in Los Angeles. 406 Deputy Prezell Burgie 1] CITY OF LA QUINTA Business District Deputy Report August 2009 SIGNIFICANT ACTIVITY In conjunction with the La Quinta Special Enforcement Team, I assisted in serving a search warrant stemming from a grand theft that occurred in La Quinta. As a result, the suspect was arrested. I responded to a business reference a theft in progress. I arrived at the scene and captured the suspect who attempted to flee. As a result the suspect was arrested and the stolen property was recovered. Conducted a pedestrian check and arrested a suspect who was in possession of illegal drugs. 19 .... a 407 O CITY OF LA QUINTA Community Service Officer Report August 2009 C.S.O. Artesia Diaz C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land Sum mary of ActIVItV Type of Activit Number of Incidents Bur lary Investigations 10 Grand Theft Reports 4 PettyTheft Reports 7 Vandalism/Malicious Mischief Reports 13 Traffic Collision Response 7 Vehicle Code or Parking Citations 191 Abandoned Vehicles Tagged/WarningTagged/Warning 15 Towed Vehicles 5 Lost or Found Property Reports 2 Stolen Vehicle Report 1 Custodial / Non -Custodial Transport 20 Miscellaneous Calls 204 .......408 0 0 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report August 2009 Summa of Activity Community Policin Office Number Citizens On Patrol Number Monthly Volunteer Hours 152 Training Hours 0 Hours Y.T.D. 1,311 Business Checks 32 Hours 4/03 to Present 17,275 Community Events 1 CPO Monthly Visits 124 Courtesy Notifications 0 CPO Y.T.D. Visits 819 Miscellaneous Activity 1 CPO Visits 4103 to Present 13,319 Neighborhood Patrol 7 Vacation Checks 12 Patrol Hours 34 Y.T.D. Patrol Hours 597 Hours 7/06 to Present 4,212 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: $30,985.00. Total savings since 2003: $348,948.00. Citizens on Patrol volunteers participated in the annual National Night Out safety and crime prevention event held at the La Quinta Boys and Girls Club. Duties and responsibilities for Citizen on Patrol volunteers have been reviewed and have been revised in an effort to facilitate the personal schedules of our volunteer members. It is anticipated that the revision will result in an increase of volunteer patrol activity. �....J. 409 CITY OF LA QUINTA Post 503 Explorer Report Aug-09 Corporal Andy Gerrard Deputy Kevin Brooks demonstrates a marching maneuver to Police Explorers during the 2009 Riverside County Sheriffs Department Police Explorer Academy. SIGNIFICANT Five Post 503 Explorers were among the 85 graduates of the 2009 Riverside County Sheriffs Department Police Explorer Academy held at the Ben Clark Training Center in Riverside. The academy was designed to provide an overview of all phases of law enforcement and included training in topics such as: Patrol Procedures, Self Defense, Physical Conditioning, Drill and Marching, Defensive Tactics, Practical Skill Scenarios and Leadership Development. Additional activities included Firearms Safety, Timed Shooting Scenarios, Active Shooter, Bicycle Patrol, Boat Patrol and the "Will to Survive" course. The "Will to Survive" course consisted of going over a climbing wall, sprint to the next station, baton strike a mock suspect, move a dummy/victim out of danger, run to an uncooperative suspect and use verbal commands and/or defensive tactics to make an arrest. In addition, each Explorer over the age of 18 engaged in the "red man suit' exercise by giving verbal commands and wrestlinq with a defensive tactics instructor. Expert instructors also presented a variety of law enforcement demonstrations. Riverside County Sheriff canine and bloodhound dogs were the "search and find" guest stars during some of the demonstrations. During the graduation ceremony, Riverside County Sheriff Stanley Sniff gave an inspirational talk and challenged the Explorers to do the right thing even if nobody is watching. ••� 410 Department Report: LA L11 TA P@LICE Served by the FJverside County Sheriffs Deparmierd Crime Statistics Summary July -- 2009 Prepared for �. 411 [I] PART 9 10 11 12 13 CITY OF LA QUINTA Crime Comparison -- July CRIME July July YTD 2009 YTD 2008 2009 2008 AGGRAVATED ASSAULTS 2 3 34 31 BURGLARY 52 53 303 306 BURGLARY - VEHICLE 28 17 158 134 DOMESTIC VIOLENCE 15 10 105 97 HOMICIDE 0 0 1 1 NARCOTICS VIOLATIONS 8 22 155 120 ROBBERY 2 1 15 21 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 5 8 38 24 SEX CRIME MISDEMEANOR 1 5 16 12 SIMPLE ASSAULTS 2 11 44 65 THEFT 60 59 467 425 VEHICLE THEFT 7 14 55 74 CITY OF LA QUINTA DISPATCH INFORMATION July 2009' TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY 4.66 3 ROUTINE 8.96 1,251 ' Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 412 9 L'I Crime Distribution Table Jul-09 % of Total Jul-08 % of Total 1 AGGRAVATED ASSAULTS 2 1.10% 3 1.48% 2 BURGLARY 52 28.57% 53 26.11% 3 BURGLARY - VEHICLE 28 15.38% 17 8.37% 4 DOMESTIC VIOLENCE 15 8.24% 10 4.93% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 8 4.40% 22 10.84% 7 ROBBERY 2 1.10% 1 0.49% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 5 2.75% 8 3.94% 10 SEX CRIME MISDEMEANOR 1 0.55% 5 2.46% 11 SIMPLE ASSAULTS 2 1.10% 11 5.42% 12 THEFT 60 32.97% 59 29.06% 13 VEHICLE THEFT 7 3.85% 14 6.90% Total 182 98.90% 203 98.52% CITY OF LA QUINTA July 2009 Crime Distribution 70 60--52 so 40 28 30 20 L] 0 �0— w a >cni W a m ma <g `or3 o <a o o 3 a < 3 �z m yp r`�-x 0.7m om 9� x G,a r n� zvm' n �ajp np �? 3n cr'r`O- y rn- o a o 413 D] Month to Month Crime Comparison - July ro — rn wI O Month to Month Calls for Service Comparison July 2009 3,000 2,6772,658 2,500 2,000 1,500 1,423 ,,376 ❑ Jul-09 13 Jul-08 1,254 ' 1,000 500 0 Total Non -Criminal Criminal Year to Date Calls for Service Comparison 25,000 20,000 5 16,772 15,000-- o YTD 2009 I o YTD 2008 10,000 '' 10,036 9377 lilt 5,000't 0 Total Non-Crirrinal Criminal 415