2010 06 15 CCeaf 4 4 OdA
City Council agendas are
available on the City's web page
@ www.la-quinta.org
CITY COUNCIL
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
TUESDAY, JUNE 15, 2010
3:00 P.M. Closed Session / 4:00 P.M. Open Session
Beginning Resolution No. 2010-041
Ordinance No. 482
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 CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R.
EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION
AND/OR DISPOSITION OF REAL PROPERTY FOR THE FOLLOWING:
APNs/PROPERTY OWNERS/NEGOTIATORS: 767-220-004, TURNER
DEVELOPMENT, RUSTY TURNER; AND 767-230-001, -002, AND -003,
RHKIDS, LLC, RON HAKAKIAN.
City Council Agenda 1 June 15, 2010
2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R.
EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION
AND/OR DISPOSITION OF REAL PROPERTIES LOCATED ON JEFFERSON
STREET SOUTH OF WESTWARD HO DRIVE. APNs/PROPERTY OWNERS/
NEGOTIATORS: 600-080-041, SUPPER CLUB GOLF, JIM SNELLENBERGER;
600-070-012, CHO-PARK, LLC, HANNAH PARK; AND 600-080-001
THROUGH -009, CITY OF LA QUINTA.
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
Q1Ll A Lrl
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
CONFIRMATION OF AGENDA
PRESENTATIONS — NONE
WRITTEN COMMUNICATIONS — NONE
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF JUNE 1, 2010.
2. APPROVAL OF SPECIAL MEETING MINUTES OF JUNE 3. 2010.
CONSENT CALENDAR
NOTE: Consent Calendar items are considered to be routine in nature and will be approved
by one motion.
APPROVAL OF DEMAND REGISTER DATED JUNE 15, 2010.
2. RECEIVE AND FILE TREASURER'S REPORT DATED APRIL 30, 2010.
•"•• 002
City Council Agenda 2 June 15, 2010
3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED APRIL 30,
2010.
4. APPROVAL TO EXCUSE COMMISSIONER PAUL QUILL'S ABSENCE FROM
THE JUNE 8, 2010, PLANNING COMMISSION MEETING.
5. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO.
481 AMENDING TITLE 2, CHAPTER 2.95, SECTION 2.95.030 (MEMBERS)
OF THE LA QUINTA MUNICIPAL CODE RELATIVE TO THE COMMUNITY
SERVICES COMMISSION.
6. APPROVAL OF A CONTRACT CHANGE ORDER WITH VINTAGE
ASSOCIATES FOR PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT
NO. 2009-20.
7. APPROVAL OF AWARD OF CONTRACT TO BRUCE AND SANDY SWAN FOR
THE EXPANSION OF THE VETERANS ACKNOWLEDGMENT AREA AT THE
CIVIC CENTER CAMPUS.
8. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT
MAP 30023-1 AND 30023-2, TRILOGY, SHEA LA QUINTA, LLC.
9. ACCEPTANCE OF FISCAL YEAR 2010-2011 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) AWARD IN THE AMOUNT OF
$18,589 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROVAL
TO SUBMIT PROJECT APPLICATION.
10. ADOPTION OF A RESOLUTION CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2010, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE
STATE OF CALIFORNIA.
11. ADOPTION OF A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF RIVERSIDE, CALIFORNIA, TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2,
2010, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE
DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE.
12. APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH YOUNG
ELECTRIC SIGN COMPANY FOR LANDSCAPE LIGHTING MAINTENANCE
SERVICES FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1,
PROJECT NO. LMC 2008-14.
•a." 003
City Council Agenda 3 June 15, 2010
13. APPROVAL OF AMENDED AGREEMENT FOR LEGAL SERVICES WITH
RUTAN & TUCKER, LLP.
14. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
(PS&E) OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO
ADVERTISE FOR BID THE WASHINGTON STREET WIDENING
IMPROVEMENTS, PROJECT NO. 2008-18.
15. ACCEPTANCE OF TRAFFIC SIGNAL IMPROVEMENTS AT AVENUE 52 AND
DESERT CLUB DRIVE, PROJECT NO. 2008-02.
16. APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH TESERRA
FOR LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT 89-1, PROJECT 2008-13, AND
APPROVAL OF CONTRACT CHANGE ORDER NO. 3.
17. APPROVAL OF THE AB2766 MEMORANDUM OF UNDERSTANDING
BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG)
AND CITY OF LA QUINTA INCREASING CONTRIBUTIONS FROM CITIES.
18. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO
ADVERTISE FOR BID THE SEASONS DOG PARK IMPROVEMENTS, PROJECT
NO. 2009-05.
19. ADOPTION OF A RESOLUTION APPROVING THE SUBORDINATION OF
RIVERSIDE COUNTY REDEVELOPMENT AGENCY STATUTORY PASS -
THROUGH PAYMENTS TO THE CITY OF LA QUINTA.
20. ADOPTION OF A RESOLUTION REQUESTING THE COUNTY OF RIVERSIDE
TO PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES
AT SINGLE-FAMILY DWELLINGS ON THE TAX ROLLS.
BUSINESS SESSION
1. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY
OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2010-2011.
A. RESOLUTION ACTION
•G. 004
City Council Agenda 4 June 15, 2010
2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTERS 1 AND 10 OF
THE LA QUINTA MUNICIPAL CODE RELATING TO INFRACTION AND
MISDEMEANOR FINE LEVELS AND ANIMAL BITE REGULATIONS.
A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE
FURTHER READING
B. INTRODUCE ORDINANCE NO. ON FIRST READING
STUDY SESSION
1. DISCUSSION OF ALTERNATIVES TO RE -STRIPE THE LANES ON AVENIDA
BERMUDAS TO REDUCE TRAFFIC SPEEDS AND VOLUMES AND TO ALLOW
BICYCLE AND GOLF CART LANES.
REPORTS AND INFORMATIONAL ITEMS
1. ANIMAL CAMPUS COMMISSION (FRANKLIN)
2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (ADOLPH)
3. CITY COUNCIL AD HOC COMMITTEE REPORTS
4. CVAG COMMITTEE REPORTS
5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE
COMMITTEE (EVANS)
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. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH)
18, ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF
APRIL 7, 2010
19. PLANNING COMMISSION MINUTES OF APRIL 27, 2010
20. INVESTMENT ADVISORY BOARD MINUTES OF MARCH 10, 2010
005
City Council Agenda 5 June 15, 2010
DEPARTMENT REPORTS
1. CITY MANAGER
A. QUARTERLY MARKETING REPORT
B. UPDATE ON HOME FORECLOSURE PROGRAM
2. CITY ATTORNEY
3. CITY CLERK
A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR
4. BUILDING & SAFETY DEPARTMENT REPORT FOR MAY 2010
5. COMMUNITY SERVICES DEPARTMENT REPORT FOR MAY 2010
6. FINANCE DEPARTMENT REPORT - NONE
7. PLANNING DEPARTMENT REPORT FOR MAY 2010
8. PUBLIC WORKS DEPARTMENT REPORT FOR MAY 2010
9. POLICE DEPARTMENT REPORT FOR MAY 2010
10. FIRE DEPARTMENT QUARTERLY REPORT — NONE
MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE
RECESS TO REDEVELOPMENT AGENCY MEETING
RECESS TO 7:00 P.M.
rQILI :2 A ■
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
PRESENTATIONS — NONE
PUBLIC HEARINGS
For all Public Hearings on the agenda, a completed "request to speak" form must be filed
with the City Clerk prior to consideration of that item.
A person may submit written comments to City Council before a public hearing or appear
in support or opposition to the approval of a project. If you challenge a project in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to the public
hearing.
City Council Agenda 6
Ice. .
006
June 15, 2010
1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1)
CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL
ASSESSMENT 2006-564; 2) CONDITIONAL USE PERMIT 2006-097
PERMITTING THE CONSTRUCTION OF A CHURCH PARKING LOT; 31 SITE
DEVELOPMENT PERMIT 2006-860 FOR THE DEVELOPMENT AND
LANDSCAPING PLANS FOR A CHURCH PARKING LOT; AND 4) APPROVING
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
LA QUINTA AND THE CATHOLIC DIOCESE OF SAN BERNARDINO FOR
JOINT MAINTENANCE OF A RETENTION BASIN LOCATED ON THE WEST
SIDE OF WASHINGTON STREET BETWEEN AVENUE 47 AND AVENUE 48.
APPLICANT: PRIEST VUKSIC ARCHITECTS.
A. RESOLUTION(S) ACTION
B. MINUTE ORDER ACTION
ADJOURNMENT
The next regular meeting of the City Council will be held on July 6, 2010,
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.
•p. •" 007
City Council Agenda 7 June 15, 2010
DECLARATION OF POSTING
I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that
the foregoing agenda for the La Quinta City Council meeting of June 15, 2010,
was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico
and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111,
on June 11, 2010.
DATED;/ June 11, 2010
VERONICA J�NTECINO, City Clerk
City of La Q ta, California
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special equipment is
needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-
four (24) hours in advance of the meeting and accommodations will be made.
If special electronic equipment is needed to make presentations to the City Council,
arrangement should be made in advance by contacting the City Clerk's Office at 777-
7103. A one (1) week notice is required.
If background material is to be presented to the City Council during a City Council meeting,
please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to
the City Clerk for distribution. It is requested that this take place prior to the beginning of
the meeting.
Any writings or documents provided to a majority of the City Council regarding any item
on this agenda will be made available for public inspection at the City Clerk counter at City
Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal
business hours.
'Is, .P .008
City Council Agenda 8 June 15, 2010
a,
04
y OF Tt�
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Veronica J. Montecino, CMC, City Clerk
DATE: June 15, 2010
SUBJECT: Correction to June 1 City Council Minutes
Attached is page 5 of the City Council Minutes with corrections shown in
BOLD regarding the vote for Investment Advisory Board members.
.". .+ 009
City Council Minutes 5 June 1, 2010
INVESTMENT ADVISORY BOARD (4 vacancies)
Mayor Adolph requested the City Clerk list the requirements for serving on
the Investment Advisory Board.
The following applicants for the Investment Advisory Board gave a brief
presentation on their background and qualifications:
David Alan Park
Andrea Spirtos
Council Member Sniff suggested staff be directed to advertise to fill the
remaining vacancies.
Council Member Sniff recommended the City Attorney be excused from the
interviews. The City Council concurred.
Rallot Nn_ 1
Mayor Adolph voted for
Council Member Evans voted for
Council Member Franklin voted for
Council Member Henderson voted for
Council Member Sniff voted for
David Alan Park and Andrea Spirtos
David Alan Park and Andrea Spirtos
David Alan Park
David Alan Park and Andrea Spirtos
David Alan Park and Andrea Spirtos
MOTION — It was moved by Council Members Sniff/Henderson to appoint
David Alan Park and Andrea Spirtos to serve three-year terms on the
Investment Advisory Board, effective July 1, 2010, and directed staff to re -
advertise for additional applicants for the two remaining vacancies. Motion
carried unanimously.
ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE (1 vacancy)
The following applicants for the Architecture and Landscape Review
Committee gave a brief presentation on their background and qualifications:
Kevin McCune
Robert Robinson
Ray Rooker
•Mb P 010
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AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: June 15, 2010
BUSINESS SESSION
ITEM TITLE: Demand Register Dated
June 15, 2010 CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
RECOMMENDATION:
Approve Demand Register Dated June 15, 2010
BACKGROUND:
Prepaid Warrants:
87563 - 87594) 128,940.40
87595 - 87614} 721,209.99
Voids} 0.00
Wire Transfers} 140,071.35
P/R 36068 - 36079 233,594.48
P/R Tax Transfers} 65,210.14
Payable Warrants:
87615 - 87716} 4,032,990.37
$5,322,016.73
FISCAL IMPLICATIONS:
Demand of Cash -City $5,281,951.53
Demand of Cash -RDA $39,815.20
MDemand of Cash - HA $250.00
A
John M. Falconer, Finance Director ”"
011
CITY OF LA QUINTA
BANK TRANSACTIONS 5/26/10 - 6/08/10
5128/10 WIRE TRANSFER - ICMA
5/28/10 WIRE TRANSFER - PERS
611110 WIRE TRANSFER - PERS
6/1/10 WIRE TRANSFER - HEALTH PREMIUM
6/2/10 WIRE TRANSFER - TASC
TOTAL WIRE TRANSFER OUT
$13,413.75
$21,636.32
$1,034.80
$102,455.72
$1,530.76
$140,071.35
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COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Receive and File Transmittal of
Treasurer's Report as of April 30, 2010
RECOMMENDATION:
Receive and file.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Transmittal of Treasurer's Report dated April 30, 2010 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.
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
•6. 046
2
MEMORANDUM
TO: La Quints City Council
FROM: John M. Falconer, Finance Director/Treasurer
SUBJECT: Treasurer's Report for April 30, 2010
DATE: May 31, 2010
Attached is the Treasurer's Report for the month ending April 30, 2010. The report is submitted to
the City Council each month after a reconciliation of accounts is accomplished by the Finance Department.
The following table summarizes the changes in investment types for the month:
Investment
Be innin
Purchased
Notes
Sold/Matured
Other
Endin
Chan e
LAIF
$ 49,480,475
$ 670,757
$ (2,500,000)
$ 47,651,232
(1,829,243)
Certificates of Deposit
1,209,000
(2)
19,506
1,209,000
98,895,685
0
19,506
US Treasuries
US Gov't Sponsored Enterprises
98,876,179
18,998,564
19,000,000
(2)
(19,000,000)
(4,830)
18,993,734
(4,830)
Commercial Paper
-
15,215,265
(2)
0
(11,785)
0
15,203,480
0
(11,785)
Corporate Notes
1
0
411,652
0
Mutual Funds
Subtotal
411652
$ 184,191:135
$ 19,670,757
$ 21,500,000
$ 2,891
1$ 182,364,783
1 $ 1,826,352
Cash $ 698,261 $ 378,955 1 & 3 $ 1,077,216 378,955
Total - $ 184,889,396 $ 20,049,712 $ 21,500,000 $ 2,891 $ 183,441,999 $ 1,447,397
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 Quints 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.
47j-�
John M. Falconer
Finance Director/Treasurer
VV2-0
Date
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.
r,®., ' 047 3
Treasurer's Commentary
For the Month of April 2010
Cash Balances — The portfolio size decreased by $1.45 million to end the month at $183.44
million. The major reason for the decrease was $1.2 million spent on capital projects in April.
Major Capital Projects payment of approximately $566,000 were made on the La Quinta Fire
station 32 Corporate Yard project and $200,000 was spent on the Phase 3 Highway 111
improvements.
Investment Activity — The investment activity resulted in an average maturity decreased by
10 days to 162 days at the end of April. The Treasurer follows a buy and hold investment
policy and two investment purchases were made in the month to roll over $19 million Federal
Home Loan Bank Discount Notes. The sweep account earned $7 in interest income for the
month of April and the bank fees for the month were $ 2,014 which resulted in a net
decrease of $2,007 in real savings.
Portfolio Performance — The overall portfolio performance increased by one (1) basis point
from the prior month and ended at .48% for the month, with the pooled cash investments
yielding .52%. The portfolio yield should continue to stay at these levels for the near future.
At this time last year, the portfolio was yielding .85% which reflects the current interest rate
environment.
Looking Ahead
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 Fannie Mae or Freddie Mac Government Sponsored Enterprises (GSE) due to the current
economic conditions affecting the financial markets.
6191. 048
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. 054 10
City of La Ouinta
Comparative Rates of Interest
Apol 30. 2010
City of La Ouinta
Three
August2006
4,94%
5.01%
497%
48
4.97%
4.95%
Sep12006
4.98%
5.01 %
4.99%
53
5,00%
5.02%
Oc12006
500%
5,02%
5.01%
67
4.96%
5.10%
Nov 2006
5.04%
5,03%
5.03%
62
4.94%
5,13%
Dec 2006
5.08%
5.04%
5,06%
80
4.90%
5.13%
Jan 2007
5,18%
5,12%
5.16%
64
4.98%
5.16%
Feb 2007
5,19%
5A3%
5,17%
45
4.95%
5.18%
Mar2007
5.21%
5.03%
5,15%
67
4.88%
5.21%
Apr2007
5.20%
5.14%
5.15%
42
464%
5.22%
May 2007
520%
5,05%
5.16%
32
4.81%
5.25%
June 2007
5.19%
4.88%
5,10%
85
4.81%
525%
FV 07/08
July 2007
5.21%
4.90%
5.120
129
4.80%
5.26%
August 2001
5.17%
4,85%
5,08%
109
4.59%
525%
Sep12007
5.16%
4.86%
506%
129
4.00%
5.23%
002007
5,11%
4.85%
5.02%
116
3.95%
5.14%
Nov 2007
503%
4.83%
4,98%
99
334%
4.96%
Dec 2007
495%
3.43%
445 %
123
3,39%
480%
Jan 2008
4.68%
333%
4.22%
96
2.31%
4.62%
Feb 2008
4.12%
3,24%
385%
86
207%
4,16%
Mar2008
4.07%
2.83%
3,67%
74
1,50%
3.78°%
Apr2008
3,45%
3,27%
341%
82
1.70%
340%
May 2008
3.14%
3.27%
3.17%
63
1.92%
3.07%
June 2008
3.09%
1.94%
2.86%
80
2.14%
289%
FV 08109
July 2008
2.99%
1.93%
277%
62
1.70%
188%
2.29%
275%
2.18%
279%
Augus12008
3.16%
1.92%
288%
51
169%
1.89%
2.14%
2.38%
208%
2.78%
Sept2008
2.81%
1,92%
2.64%
37
1420
179%
1,96%
200%
2.13%
277%
002008
2.66%
261%
2.61%
29
0.90%
1.40%
1_72%
1.50%
207%
271%
Nov 2008
238%
2.36%
2.36%
64
0.15%
049%
104%
125%
1.45%
257%
Dec 2008
1.60%
0.18%
1.42%
116
0.05%
025%
0.59%
0.88%
097%
2.35%
Jan 2009
1,36%
0.18%
1.23%
82
0.15%
0,35%
0.43%
0.88%
0.31 %
2.05%
Feb 2009
1.23%
0.18%
1.11%
75
0.30%
050%
0.61%
0.88%
048%
1.87%
Mar 2009
126%
0.18%
1.13%
69
0,20%
042%
0,70%
088%
0.37%
182%
Apr2009
0.94%
0,18%
086%
54
0,31%
0.33%
0.59%
0.88%
0.28%
1.61%
May 2009
0.92%
a18%
0,84%
80
0.18%
0.30%
0.53%
0.88%
023%
1.53%
June 2009
0.85%
0.29%
0,80%
111
0.20%
035%
0.55%
1.13%
0.26%
1.38%
FV 09110
July 2009
0,69%
0.30%
065%
Ill
0.19%
0.28%
0.47%
1.00%
0.28%
104%
August2009
064%
0,30%
0.61%
92
0.16%
0,26%
046%
1,00%
0.24%
0.93%
S.sn2009
056%
0.31%
0.53%
112
0.12%
0.19%
041%
1,00%
0.19%
0]5%
Oct2009
0.52%
0.31%
0.50%
90
0.08%
0,19%
038%
1.00%
0.19%
065%
Nov2009
0.56%
0.31%
053%
152
0.04%
0.14%
0.32%
0.75%
0.15%
0,61%
Dec 2009
0.56%
0,15%
0,51%
239
0.11%
020%
0.16%
1.00%
0.16%
057%
Jan 2010
046%
0.15%
0.43%
179
0,06%
0.14%
0.34%
0.88%
0.13%
056%
Feb 2010
0.51%
OA16
048%
162
0.13%
0.19%
0,32%
0.88%
0.15%
0.58%
Mar2010
0.50%
0.16%
0.47%
172
0.15%
0.24%
038%
1.00%
020%
0.55%
055
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AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: June 15, 2010 BUSINESS SESSION: _
ITEM TITLE: Receive and File Transmittal of Revenue CONSENT CALENDAR:
and Expenditure Report for April 30, 2010
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Receive and file.
BACKGROUND AND OVERVIEW:
Receive and File Transmittal of the Statement of Revenue and Expenditures for
April 30, 2010 for the City of La Quinta.
Respectfully submitted,
AAA ft
John M. Falconer, Finance Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Revenue and Expenditures for April 30, 2010
do 057
A l l AUHIVItIV 1 I
CITY OF LA QUINTA
REVENUES - ALL FUNDS 0710112009 - 0413012010
FUNDS
ADJUSTED
BUDGET
RECEIVED
%
RECEIVED
General
$38,955,158.00
$25,259,302.17
64.80%
Library
2,552,500,00
1,255,075.00
49.20%
Gas Tax Revenue
985,095.00
624,210.37
63.40%
Federal Assistance
350,055.00
12,240.00
3.50%
JAG Grant
86,353.00
32,319.93
37.40%
Slesf (Cops) Revenue
100,100.00
45.87
0.00%
Indian Gaming
120,150.00
104,704.68
87,10%
Lighting & Landscaping
947,800.00
530,341.03
56.00%
RCTC
1,970,763.00
1,347,137.02
68.40%
Development Funding
0.00
0.00
0.00%
Crime Violent Task Force
0.00
0.00
0.00%
AS 939
5,000.00
4,282.17
85.60%
Quimby
40,000.00
31,616.90
79.00%
Infrastructure
1,700.00
1,225.31
72.10%
Proposition 1B
608,885.00
1,801.131
0.30%
South Coast Air Quality
98,250.00
55,015.98
56.00%
CMAQIISTEA
1,163,000.00
0.00
0.00%
Transportation
135,800.00
110,169.26
81.10%
Parks & Recreation
53,520.00
33,005.00
61.70%
Civic Center
59,700.00
36,894.51
61.80%
Library Development
21,300.00
13,136.00
61.70%
Community Center
9,440.00
6,257.18
66.30%
Street Facility
107,059.00
105,846.13
98.90%
Park Facility
1,480.00
972.66
65.70%
Fire Protection Facility
8,400.00
5,224.76
62.20%
Arts In Public Places
38,325.00
19,238.95
50.20%
Interest Allocation
0.00
136,368.01
0.00%
Capital Improvement
98,710,498.00
6,887,987.02
7.00%
Equipment Replacement
27,737.00
24,893.80
89.70%
Information Technology
337,044.00
335,478.12
99.50%
Park Equipment & Facility
6,500.00
4,571 24
70.30%
SilverRock Golf
3,430,349.00
3,039,532.87
88.60%
SilverRock Golf Reserve
69,307.00
720.31
1.00%
La Quints Public Safety Officer
2,100.00
2,069.01
98.50%
La Quints Financing Authority
6,603,611.00
6,593,938.04
99.90%
RDA Project Area No. 1
53,293,675.00
29,246,473.17
54.90%
RDA Project Area No. 2
32,540,049.00
18,222,850.93
56.00%
La Quinta HousingAuthority0.00
0.00
0.00%
Total
$243,440,703.00
$94,084,945.21
" QJS
CITY OF LA QUINTA
EXPENDITURES - ALL FUNDS
FUNDS
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
General-$27;d5b?68'.iYT-
Librery
1.724.350.00
751,992.55
0.00
972.357.45
Gas Tax
1,669,194.00
1,042.711.30
0.00
626,482.70
Federal Assistance
334.230.00
12,240.00
0.00
321,990.00
JAG Grant
86,303.00
32,307.20
0.00
53,995.80
Slesf(Cops) Revenue
129.544.00
29,543.32
0.00
100,000.68
Indian Gaming
120.300.00
104,70468
0.00
15,595.32
Lighting & Landscaping
973.182.00
816,253.32
0.00
156,928.68
RCTC
1,970,763.00
1,347,137.02
0.00
623,625.98
Development Agreement
0.00
0.00
0.00
0.00
CV Yolent Cmne Task Force
205,0D0.00
195,183.99
0.00
9,816.01
AB 939
356,982.00
73,968.71
2,000.00
281,013.29
Quimby
9.617,963.00
100,386.04
0.00
9,517.576.96
Infrastructure
397,576.00
4.502.50
0.00
393,073.50
Proposition 1B
606,885.00
31.523.45
0.00
575.361.55
South Coast Air Quality
372,582.00
78,435.82
0.00
294.146,18
CMAQ
1.163,000.00
0.00
0.00
1,163,000.00
Transportation
5.699,192.00
1,490.573.19
0.00
4,208,618.81
Parks & Recreation
15,000.00
5,971.91
0.00
9,028.09
CIVI¢Center
295,264.00
209,651.01
0.00
85,612.99
Library Development
19,500.00
8,059.39
0.00
11,440.61
Community Center
0.00
0.00
0.00
0.00
Steel Facility
2,480,648.00
1,115,007.53
0.00
1.365,640.47
Park Facility
102,539.00
102,707.92
0.00
(168.92)
Fire Protection
9,250.00
3,888.18
0.00
5,361.82
Arts In Public Places
839.230.00
51.824.30
0.00
787.405.70
Interest Allocation
0.00
0.00
0.00
0.00
Capital Improvement
98,710.498.00
6,887,987.02
31,637.69
91,790.673.29
Equipment Replacement
1,354,607.00
777,620.93
543.75
576.442.32
Information Technology
522,922.00
251,645.30
1,400.00
269,876.70
Park Maintenance Facility
978,931.00
600,000.00
0.00
378.931.00
SilverRock Goff
4.093,771.00
3,617,527.80
0.00
476,243.20
SilverRock Reserve
0.00
0.00
0.00
0.00
LO Public Safety Officer
2.000,00
0.00
0.00
2,000.00
La Quanta Financing Authority
6.604.411.00
6.597.218.04
0.00
7,192.96
La Quanta Housing Authority
51.500.00
2,288.99
0.00
49.212.69
RDA Project Area No. 1
113,853,167.00
32.105.914.71
0.00
81,747.25229
RDA Project Area No. 2
44.628,572.00
13.687,720.79
0.00
30,940.851.21
0
GS9
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 Permits
Electrical Permits
Garage Sale Permits
Misc. Permits
TOTAL LICENSES & PERMITS
FEES:
Sale of Maps & Publications
Community Services Fees
Finance
Bldg & Safety Fees
Bldg & Safety Lease Revenue
SMIP Fees
Community Development Fees
Public Works Fees
TOTALFEES
INTERGOVERNMENTAL
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 (10150003375010
Fire Services Credit- Oper (10150003375000)
CVWD
GSA152 Assessment
TOTAL INTERGOVERNMENTAL
INTEREST
MISCELLANEOUS
Miscellaneous Revenue
AB939
Insurance Recoveries
Assmnt Dist Surplus
Other Mitigation Measures
Litigation settlement
Advertising Coop
Cash Over/(Short)
TOTAL MISCELLANEOUS
TRANSFERIN
TOTAL GENERAL FUND
0710112009 - 0413012010
ADJUSTED
REMAINING
%
BUDGET
RECEIVED
BUDGET
RECEIVED
2,843,000.00
1,199,470.15
1,643,529.85
42.190%
3,238,000.00
2,653,355.60
584,644.40
81.940%
215,289.00
186,243.79
29,045.21
86.510%
5,021,685.00
3,226,581.80
1,795,103.20
64.250%
1.368,315.00
1,002,269.11
366,045.89
73.250%
433,760.00
333,960.64
99,799.36
76.990%
3,878,000.00
2,249,752.40
1,628,247.60
58.010%
328,300.00
13,093.50
315,206.50
3.990%
1,410,000.00
974,001.94
435,998.06
69.080%
18,736,349.00
11,838,728.93
6,897,620.07
63.190%
288,800.00
247,961.30
40,838.70
85.860%
29,700.00
26,911.00
2,789.00
90,610%
176,500.00
161,247.54
15,252.46
91.360%
31,600.00
20,759.25
10,840.75
65.690%
23,800.00
15,556.00
8,244.00
65.360%
21,700.00
22,011.09
(311,09)
101.430%
16,100.00
13,290.00
2,810.00
82.550%
91,100.00
43,408.04
47,691.96
47,650%
679,300.00
551,144.22
128,155.78
81.130%
3,700.00
2,910.90
789.10
78.670%
328,900.00
325,280.87
3,619.13
98.900%
550.00
52&00
25.00
95.450%
144,100.00
135,160.62
8,939.38
93.800%
35,000.00
23,129.34
11,870.66
66.080%
2,000.00
116.17
1,883.83
5.810%
50,000.00
42,277.50
7,722.50
84.560%
108,600.00
139,157.35
(30 557.35)
128.140%
672,850.00
668,557.75
4,292.25
99.360%
3,579,061.00
1,858,147.24
1,720,913.76
51.920%
107,100.00
83,108.03
23,991.97
77.600%
48,500.00
51,520,68
(3,020.68)
106.230%
243,800.00
137,593.80
106,206.20
56.440%
202,098.00
21,049,00
181,049.00
10.420%
50,000.00
68,518.00
(8,518.00)
117.040%
32,460.00
25,115.82
7,344.18
77.370%
3,798,505.00
2,011,689.67
1,786,815.33
52.960%
5,118,200.00
3,470,431.87
1,647,768.13
67.810%
16,800.00
12,600,00
4,200.00
75.000%
253,757.00
253,767.26
(0.26)
100.000%
13,450,281.00
7,983,531.37
5,466,749.63
59,360%
3,624,383.00
2,719,529.66
904,853.34
75.030%
11,000.00
4,254.18
6,745.82
38.670%
94,900.00
46,575.43
48,324.57
49.080%
11,500.00
25,888.73
(14,388.73)
225.120%
0.00
165.36
(165.36)
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
85,000.00
13,412.50
51,587.50
20.630%
50.00
(19.12)
69.12
-38.240%
182,450.00
90,277.08
92,172.92
49.480%
1,609,545.00
1,407,533.16
202,011.84
87.450%
38,955,15&00
25,259,302.17
13,695,855.83
64.840%
we " C-60
CITY OF LA GUINTA 07rov2009-04/30/20'10
GENERAL FUND EXPENDITURE SUMMARY
BY DEPARTMENT
ADJUSTED 4/30110 REMAINING
BUDGET EXPENDITURES ENCUMBERED BUDGET
GENERAL GOVERNMENT:
CITY CLERK
COMMUNITY SERVICES
FINANCE:
LEGISLATIVE
CITY MANAGERS OFFICE
DEVELOPMENT SERVICES
MANAGEMENT SERVICES
TOTAL
0.00
0.00
0.00
706637.00 538,772.37 0.00 167.864.63
TOTAL CITY CLERK
PARKS& RECREATION ADMINISTRATION
L440,141.00
1,130,878.68
Cm
309,262.32
SENIOR CENTER
429,799.00
323,94609
0.00
105,852.91
PARKS & RECREATION PROGRAMS
210.498.00
168,515.35
1.433.69
40,548.96
LIBRARY
1,432,934.00
688.813.94
0.00
744,120.06
MUSEUM
296,863.00
76.865.32
0.00
219,997.68
PARK MAINTENANCE
1,031,0B4.00
759,857.86
0.00
271,226.14
TOTAL COMMUNITY SERVICES ---
T8di,873.T1iti—
FISCAL SERVICES
1,W8,857.00
907,680.61
0.00
191.176.39
CENTRAL SERVICES
326796.00
246,699.05
0.00
80.096.95
TOTAL FINANCE
1,4P5:359.D0-
BUILDING & SAFETY:
BUILDING B SAFETY -ADMIN
392,295.00
326,563.35
0.00
65.731.65
BUILDING
958,508.00
779,224AI
0.00
179.283.59
CODE COMPLIANCE
1.054.785.00
856,926,65
0.00
197.858.35
ANIMAL CONTROL
401,854.00
318,033.67
0.00
83,820.33
FIRE
4,957,940.00
3,508,616.74
0.00
1,449,323.26
EMERGENCY SERVICES
168,225.00
147.724.97
0.00
20,500.03
CIVIC CENTER BUILDING -OPERATIONS
1180206.00
1,065,627.57
0.00
114,578.43
TOTAL BUILDING & SAFETY
—9:11j:,Si3.D8—
POLICE:
POLICE SERVICES 12,588,245.00 5,782,595.11 108.73 6,805,541.16
TOTAL PUBLIC SAFETY, �W—
COMMUNITY DEVELOPMENT:
COMMUNITY DEVELOPMENT -ADMIN
1,581,432.00
656212.85
0.00
925.219.15
CURRENT PLANNING
848,416.00
601.890.96
0.00
246,52&04
TOTAL COMMUNITY DEVELOPMENT ---
PUBLIC WORKS:
PUBLIC WORKS ADMINISTRATION
748,471.00
497,513.32
31,186.21
219,771.47
DEVELOPMENT& TRAFFIC
1,023,738.00
815.698.36
0.00
208,039.64
MAINT/OPERATIONS- STREETS
3,459,287.00
2,451,000.34
0.00
1,008,266.66
MAINT/OPERATIONS- LTGMNDSCAPING
1,814,142.00
1,168,025.07
0.00
646,116.93
CONSTRUCTION MANAGEMENT
1,494,550.00
1,110,072.68
71742.28
308,735.04
TOTAL PUBLIC WORKS
—6,3d6T36.D�
TRANSFERS OUT
5,170,483.00
2,726,763.95
0.00
2,443,719.05
GENERAL FUND REIMBURSEMENTS
(6,999,043.00)
(433758609)
0.00
(2,661.456.11)
NET GENERAL FUND EXPENDITURES
43,176,290.00 27,456,56&04 108,470.91 15,611,251.05
CITY OF LA QUINTA
07101/2009. 0413012010
ALL OTHER FUNDS REVENUE DETAIL
ADJUSTED
REMAINING
%
BUDGET
RECEIVED
BUDGET
RECEIVED
LIBRARY:
County of Riverside
2,549,700.00
1,255,075.00
1,294,625.00
49.220%
Contributions
0.00
0.00
0.00
0.000%
Interest
2,800.00
0.00
2,800.00
0.000%
TOTAL LIBRARY
2,552,500.00
1,255,075.00
1,297,425.00
49,170%
GAS TAX REVENUE:
Section 2105
201,600.00
175,904.46
25,695.54
87.250%
Section 2106
123,600.00
107,021.54
16,578.46
86.590%
Section 2107
271,600.00
233,332.18
38,267.82
85.910%
Section 2107.5
29,795.00
0.00
29,795.00
0.000%
Traffic Congestion Relief
357,000.00
107,671.17
249,328.83
30.160%
Interest
1,500.00
281.02
1,218.98
18.730%
TOTAL GAS TAX
985,095.00
624,210.37
360,884.63
63.370%
FEDERAL ASSISTANCE REVENUE:
CDBG Grant
350,055.00
12,240.00
337,815.00
3.500%
Federal Stimulus
0.00
0.00
0.00
0.000%
Interest
0.00
0.00
0.00
0.000%
TOTAL FEDERAL ASSISTANCE
350,055.00
12,240.00
337,815.00
3.500%
JAG GRANT
Grant Revenue
86,303.00
32,307.20
53,995.80
37.430%
Interest
50.00
12.73
37.27
25.460%
TOTAL JAG GRANT
86,353.00
32,319.93
54,033.07
37.430%
SLESF(COPS)REVENUE:
SLESF (Cops) Funding
100,000.00
0.00
100,000.00
0.000%
Interest
100.00
45.87
54.13
45.870%
TOTAL SLESF (COPS)
100,100.00
45.87
100,054.13
0.050%
INDIAN GAMING
Grant revenue
120,000.00
104,704.68
15,295.32
87.250%
Interest
150.00
0.00
150.00
0.000%
TOTAL INDIAN GAMING
120,150.00
104,704.68
15,445.32
87.140%
LIGHTING & LANDSCAPING REVENUE:
Assessment
947,800.00
530,341.03
417,458.97
55.950%
Developer
0.00
0.00
0.00
0.000%
Interest
0.00
0.00
0.00
0.000%
TOTAL LIGHTING & LANDSCAPING
947,800.00
530,341.03
417,458.97
55.950%
RCTC
RCTC Funding
1,970,763.00
1,347,137.02
623,625.98
68.360%
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
0.00
0.00
0.00
0.000%
Grant revenue -JAIB
0.00
0.00
0.00
0.000%
CLET Line
0.00
0.00
0.00
0.000%
Asset Forfeiture -State Adjudicated
0.00
0.00
0.00
0.000%
Interest
0.00
0.00
0.00
0.000%
TOTAL CRIME VIOLENT TASK FORCE
0.00
0.00
0.00
0.000%
AB 939 REVENUE:
AS 939 Fees 0.00 0.00 0.00 0.000%
Interest 5,000.00 4,282.17 717.83 85.640%
TOTAL AB 939
«� 062,
0710112009 - 04/30/2010
CITY OF LA QUINTA
ADJUSTED
REMAINING
%
ALL OTHER FUNDS REVENUE DETAIL
BUDGET
RECEIVED
BUDGET
RECEIVED
QUIMBY REVENUE:
0.00
Quimby Fees
0.00
0.00
0.00
0,000%
Donations
0.00
0.00
0.00
0.000%
Interest
40,000.00
31,616.90
8,383.10
79,040%
TOTAL QUIMBY
INFRASTRUCTURE REVENUE:
Utility refund
0.00
0.00
0.00
0.000%
Interest
1,700.00
1,225.31
474.69
72.080%
Transfer in
0.00
0.00
0.00
0.000%
TOTAL INFRASTRUCTURE
1,700.00
1,225.31
474.69
72,080%
PROPOSITION 16 - SS1266
Prop I Grant
606,885.00
0.00
606,885.00
0.000%
Interest
2,000.00
1,801.81
198.19
90.090%
TOTAL PROPOSITION 1 B
SOUTH COAST AIR QUALITY REVENUE:
S.C.A.Q. Contribution
48,900.00
25,339.68
23,560.32
51.820%
MBRC Funding
48,000.00
28,737.96
19,262.04
59.870%
Street Sweeping Grant
0.00
0.00
0.00
0.000%
Interest
1,350.00
938.34
411.66
69.510%
TOTAL SCAQ
98,250.00
55,015.98
43,234.02
56.000%
CMAQIISTEA
State Grants
1,163,000.00
0.00
1,163,000.00
0.000%
Interest
0.00
0.00
0.00
0.000%
Transfer in
0.00
0.00
0.00
0.000%
TOTAL TRANSPORTATION
1,163,000.00
0.00
1,163,000.00
0.000%
TRANSPORTATION
Developer fees
115,800.00
100,089.69
15,710.31
86.430%
Interest
20,000.00
10,079.57
9,920.43
50.400%
Transfer in
0.00
0.00
0.00
0.000%
TOTAL TRANSPORTATION
135,800.00
110,169.26
25,630.74
81.130%
PARKS & RECREATION
Developer fees
53,520.00
33,005.00
20,515.00
61.670%
Interest
0.00
0.00
0.00
0.000%
Transfer in
0.00
0.00
0.00
0.000%
TOTAL PARKS & RECREATION
53,520.00
33,005.00
20,515.00
61.670%
CIVIC CENTER
Developer fees
59,700.00
36,894.51
22,805.49
61.800%
Interest
0.00
0.00
0.00
0.000%
Transfer in
0.00
0.00
0.00
0.000%
TOTAL CIVIC CENTER
59,700.00
36,894.51
22,805.49
61.800%
LIBRARY DEVELOPMENT
Developer fees
21,300.00
13,136.00
8,164.00
61,670%
Interest
0.00
0.00
0.00
0.000%
Transfer in
0.00
0.00
0.00
0.000%
TOTAL LIBRARY DEVELOPMENT
21,300.00
13,136.00
8,164.00
61.670%
COMMUNITY CENTER
Developer fees
4,440.00
2,738.00
1,702.00
61,670%
Interest
5,000.00
3,519.18
1,480.82
70.380%
TOTAL COMMUNITY CENTER
9,440.00
6,257.18
3,182.82
66.280%
». 063
CITY OF LA QUINTA
ALL OTHER FUNDS REVENUE DETAIL
0710112009. 0413012010
ADJUSTED REMAINING %
BUDGET RECEIVED BUDGET RECEIVED
STREET FACILITY
Developer fees
Interest
Transfer In
TOTAL STREET FACILITY
PARK FACILITY
Developer fees
Interest
TOTAL PARK FACILITY
FIRE PROTECTION FACILITY
Developer fees
Interest
TOTAL FIRE PROTECTION FACILITY
ARTS IN PUBLIC PLACES REVENUE:
Arts in Public Places
Arts in Public Places Credits Applied
Insurance Recoveries
Donations
Interest
TOTAL ARTS IN PUBLIC PLACES
INTEREST ALLOCATION FUND:
Pooled Cash Allocated Interest
Transfer In
TOTAL INTEREST ALLOCATION
4,020.00
2,661.00
1,359.00
66.190%
500.00
477.21
22.79
95.440%
102,539.00
102,707.92
(168,92)
100.160%
107,059.00
105,846.13
1,212.87
98.870%
1,320.00 814.00 506.00 61.670%
160.00 158.66 1.34 99.160%
1,480.00 972.66 507.34 65.720%
8,400.00 5,224.76 3,175.24 62.200%
0.00 0.00 0.00 0.000%
8,400.00 5,224.76 3,175.24 62.200%
33,525.00
15,485.82
18,039.18
46.190%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
1,000.00
1,000.00
0.00
100.000%
3,800.00
2,763.13
1,046.87
72.450%
38,325.00
19,238.95
19,086.05
50.200%
0.00 136,368.01 (136,368.01) 0.000%
0.00 0.00 0.00 0.000%
0.00 136,368.01 (136,368.01) 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
III)
RCTC
Vista Dunes Housing LLP
SB821-Bicycle Path Grant
State of California
APP Contribution
Developer Agreement Funding
Litigation Settlements
Transfers in From Other Funds
TOTAL CIP REVENUE
EQUIPMENT REPLACEMENT FUND:
Equipment Charges
Capital Contribution
Sale of Fixed Asset
Insurance Recoveries
Interest
Transfers In
TOTAL EQUIPMENT REPLACEMENT
INFORMATION TECHNOLOGY FUND
07101/2009 - 04/3012010
ADJUSTED REMAINING %
BUDGET RECEIVED BUDGET RECEIVED
1,945,323.00
90,704.57
1,854,618.43
4.660%
50,851.00
49,291..00
1,560.00
96.930%
0.00
0.00
0.00
0.000%
9,523,273,00
40,642..14
9,482,630.86
0.430%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
160,160.00
0.00
160,160.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
87,300.00
0.00
87,300.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
490,108.00
52,212.70
437,895.30
10.650%
0.00
0.00
0.00
0,000%
86,453,483.00
6,655,136.61
79,798,346.39
7,700%
98,710,498.00
6,887,987.02
91,822,510.98
120.370%
0.00
0.00
0.00
0.000%
15,407.00
15,406, 71
0.29
100.000%
1,535.00
1,535.00
0.00
100.000%
795.00
794.72
0.28
99.960%
10,000.00
7,157.37
2,842.63
71.570%
0.00
0.00
0.00
0.000%
27,737.00
24,893,80
2,843.20
89.750%
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
6,000.00
4,434.12
1,565.88
73,900%
Transfers In
0.00
0.00
0.00
0.000%
TOTAL INFORMATION TECHNOLOGY
337,044.00
335,478.12
1,565.88
99.540%
PARK EQUIPMENT & FACILITY
Charges for services
Interest
Capital Contributions
TOTAL PARK EQUIPMENT & FAC
SILVERROCK GOLF
Green fees
Range fees
Resident Card
Bob Hope Chrysler Classic
Merchandise
Food & Beverage
Allocated Interest Income
Transfers In
TOTAL SILVERROCK GOLF
SILVERROCK GOLF RESERVE
Interest
Transfers In
TOTAL SILVERROCK GOLF
LQ PUBLIC SAFETY OFFICER FUND
Transfer In
Interest
TOTAL LQ PUBLIC SAFETY
0.00
0.00
0.00
0.000%
6,500.00
4,571.24
1,928.76
70.330%
0.00
0.00
0.00
0.000%
6,500.00
4,571.24
1,928.76
70.330%
2,980,503.00
2,674,834.00
305,669.00
89.740%
109,296.00
79,415.00
29,881.00
72.660%
15,000.00
31,800.01
(16,800.01)
212.000%
0.00
0.00
0.00
0.000%
325,550.00
253,483.86
72,066.14
77.860%
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
3,039,532.87
390,816.13
88.610%
1,000.00 720.31 279.69 72.030%
68,307.00 0.00 68,307.00 0.000%
69,307.00 720.31 68,586.69 1.040%
2,000.00 2,000.00 0.00 100.000%
100.00 69.01 30.99 69.010%
2,100.00 2,069.01 30.99 98.520%
;0b." 065
CITY OF LA QUINTA
OTHER CITY FUNDS
ADJUSTED
W30/10
REMAINING
EXPENDITURE SUMMARY
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
LIBRARY FUND
INTERESTADVANCE
4,00000
2,257.88
0.00
1,742A2
CAPITAL PURCHASES
0.00
0.00
O.W
0.00
REIMBURSE GENERAL FUND
1.720,350.00
749,734.67
0.00
970,615.33
TRANSFER OUT
0.00
0.00
0.00
TOTAL LIBRARY FUND-T..72d.35D.U-
GAS TAX
CONTRACT SERVICES
0.00
0.00
0.00 0.00
REIMBURSE GENERAL FUND
1.131,354.00
942.794.98
000 188,559.02
TRANSFER OUT
537840.D0
99.916.32
O.W 437,923.68
TOTAL GAS TAIL FUND -T,E8�197UD-
FEDERAL ASSISTANCE FUND:
TRANSFER OUT
334,230.00
12240.00
321,990.00
TOTAL FEDERAL ASSISTANCE FUND �Z3O.7>W-
JAG GRANT
I RANSFER OUT
TOTAL JAG GRANT
86,303.W
32,307.20
000
53,995.80
SLESF (COPS)
TRANSFER OUT
TOTAL SLESF(COPS) FUND
129,54 W
29,543.32
000
100,000.68
INDIAN GAMING FUND
TRANSFER OUT
120.300.00
104,704.68
0.00
15.595.32
TOTAL INDIAN GAMING FUND
LIGHTING & LANDSCAPING ASSESSMENT DIST:
REIMBURSE GENERAL FUND 973.182.00 816.253.32 0.00 156,928.68
TRANSFER OUT 0.00 0.00 0.00 0.00
TOTAL LTGILANDSCAPING FUND =39Z.UIT-
RCTC
TRANSFER OUT 1,970,763.00 1,347.137.02 0.00 623,625.98
TOTAL RCTC
DEVELOPMENT AGREEMENT FUND
CONSTRUCTION 0.00 0.00 0.00 0.00
REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00
TRANSFER OUT 0.00 0.00 0.00 0.00
TOTAL BEV AGREEMENT FUND ------- U.00-
CRIME VIOLENT TASK FORCE
OPERATING EXPENSES 205,000.00 195,183.99 0.00 9,816.01
TRANSFER OUT 0.00 0.00 0.00 0.00
TOTAL CRIME VIOLENT TASK FORCE ^1D5.UOD.W-
AS 939
OPERATING EXPENSES
63.500.00
10.174.91
2,000.00
71,325.09
REIMBURSE GENERAL FUND
68,482.00
57,068.32
0.00
11,413.68
TRANSFER OUT
205,000.00
6,725.48
0.00
198,274.52
TOTAL AS 939 35i,9B2.0-
QUIMBY FUND:
FEASIBILITY STUDY
0.00
0.00
0.00
0.00
REIMBURSE DEVELOPER FEES
0.00
0.00
0.00
0.00
TRANSFER OUT
9,617,963.W
10g3WINI
O.W
9,517.576.96
TOTAL QUIMBY --- V6T/:96'T W-
INFRASTRUCTURE FUND
CONSTRUCTION 0.00 0.00 0.00 0.00
REIMBURSE GENERAL FUND 0,00 0.00 000 0.00
TRANSFER OUT 397,576.W 4,W2.W 0.00 393.073.5U
TOTAL INFRASTRUCTURE ----797576W-
PROPOSITION 18 -SB 1266
TRANSFER OUT
TOTAL PROPOSITION 1 B FUND
W6,885.00
31,523.45
O.W
575.361.55
SOUTH COAST AIR QUALITY FUND
PROJECT EXPENDITURES
26,6D0.00
16,847.86
0.00
9,752.14
TRANSFER OUT
345982.00
61,587.96
0.00
284,394.04
TOTALSOUTHCOASTAIRQUALITYZ.DD-
CMAQ
PROJECT EXPENDITURES
0.00
0.00
0.00
0.D0
TRANSFER OUT
1.163,000.00
0.00
0.00
1,163,000.00
TOTAL CMAQ
%TMQ.OD-
TRANSPORTATION
PROGRAM COSTS
0.00
Boo
0.00
0.00
CONTRIBUTION
0.00
0.W
0.00
0.00
TRANSFER OUT
5,699,192.W
1,490,573.19
0.00
4,208,618.81
TOTAL TRANSPORTATION
PARKS S RECREATION
INTEREST ON ADVANCE 15.000.00 5,971.91 0.00 9,028.09
TRANSFER OUT 0.00 O.W 0.00 0.00
TOTAL PARKS S RECREATION
CIVIC CENTER
SERVICES
0.00
1,598.03
0.00
(1,598.03)
INTEREST ON ADVANCE
92.500.00
39,082.98
0.00
53,417.02
REIMBURSE GENERAL FUND
202,764.00
168.970.00
0.00
33,794.00
TRANSFER OUT
0.00
0.00
0.00
0.00
TOTAL CIVIC CENTER-29SZ6V..00-
LIBRARY DEVELOPMENT
PROGRAM COSTS
0.00
0.00
000
0.00
INTEREST ON ADVANCE
19,500.00
6.059.39
0.00
11,440.61
TRANSFER OUT
0.00
0.00
0.00
0.00
TOTAL LIBRARY DEVELOPMENT----T93CW.D6-
.ov. C 6 6
CITY OF LA QUINTA
OTHER CITY FUNDS
ADJUSTED
4/30110
REMAINING
EXPENDITURE SUMMARY
BUDGET
EXPENDITURES ENCUMBERED
BUDGET
COMMUNITY CENTER
PROGRAM COSTS
0.00
0.00 0.00
0.00
TRANSFER OUT
0.00
0.00 0.00
0.00
TOTAL COMMUNITY CENTER --------- U.7O-
STREET FACILITY
PROGRAM COSTS
0.00
0.00
0.00
0.00
INTEREST ON ADVANCE
4,250.00
206.70
0.00
4,043.30
TRANSFER OUT
2,476,398.00
1.114,800.83
0.00
1 3811 597.11
TOTAL STREET FACILITY
-T,A60,640.0�
PARK FACILITY
PROGRAM COSTS
0.00
000
0.00
0.00
TRANSFER OUT
102.539.00
102707,92
0.00
(168.92
TOTAL PARK FACILITY
97,339�
iOT,iU.92
D.00--(869�
FIRE PROTECTION
INTEREST ON ADVANCE
9,250.00
3,888.18
0.00
5,361.82
TRANSFER OUT
0.00
0.00
0.00
0.00
TOTAL FIRE PROTECTION DIF
V250:U0-
ART IN PUBLIC PLACES FUND
MAINTENANCE EXPENSES-APP
30,000.00
15.068.75
0.00
14.931.25
OPERATING EXPENSES-APP
6,200.00
928.53
0.00
5,271.47
ART PURCHASES
603,030.00
35.827.02
0.00
567,202.98
TRANSFER OUT
200,000.00
0.00
0,00
200,000.00
TOTAL ART IN PUBLIC PLACES
-839:73D.OR-
CAPITAL IMPROVEMENT FUND
PROJECT EXPENDITURES
97,591,364.00
6.758,069.42
31,837.69
90,801,456.89
PROJECT REIMBURSEMENTS TO GEN FUND
1,119,134.00
129.917.60
0.00
989,216A0
TRANSFER OUT
0.00
0.00
0.00
0.00
TOTAL CAPITAL IMPROVEMENT-96,TTUg9b6F-
EQUIPMENT REPLACEMENT FUND
OPERATING EXPENSES
707,185.00
148,709,82
543.76
557.931.43
CAPITAL PURCHASES
47,422.00
28.911.11
0.00
18,510.69
TRANSFER OUT
600.000.00
600,000.00
0.00
0.00
TOTAL EQUIPMENT REPLACEMENT FUND
INFORMATION TECHNOLOGY FUND
OPERATING EXPENSES 490.772.00 228,748.32 1,400.00 260.623.68
CAPITAL PURCHASES 32150.00 22,896.98 0.00 9,253.02
TOTAL INFORMATION TECHNOLOGY 269,876.713
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 953,437.00 600,000.00 0.00 353431.00
TOTAL PARK MAINTENANCE FAC-9751031-00-
SILVERROCK GOLF
OPERATING EXPENSES 4,025.464.00 3.617,52780 0.00 407,936.20
TRANSFER OUT 68.307.00 0.00 0.00 68,307.00
TOTAL SILVERROCK GOLF �,1W . 71T9D-
SILVERROCK GOLF RESERVE
TRANSFER OUT 0.00 0.00 0.00 0.00
TOTAL SILVERROCK GOLF RESERVE ------- V.W-
LA QUINTA PUBLIC SAFETY
CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 D.D0 0.00 2.000.00
067
Tity4 4 a"
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Approval to Excuse Commissioner Paul
Quill's Absence from the June 8, 2010, Planning
Commission Meeting
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a request from Commissioner Paul Quill to be excused from attending the
June 8, 2010, Planning Commission meeting.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board
or commission member may request advance permission from the City Council to be
absent at one or more regular meetings due to extenuating circumstances. If such
permission or excuse is granted by the City Council, the absence shall not be counted
toward the above -stated limitations on absences."
Staff has discussed this section with all Commissions and, in response, Planning
Commissioner Paul Quill has requested of the City Council to be excused from the
June 8, 2010, Planning Commission meeting. The request was made prior to the
meeting, but too late to be included on the June 1, 2010, Council packet (Attachment
1).
�68
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Approve a request from Commissioner Quill to be excused from attending the
June 8, 2010, Planning Commission meeting; or
2. Deny Commissioner Quill's request; or
3. Provide staff with alternative direction.
Respectfully Ai mitted,
n, Planning Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Request from Commissioner Quill
Attachment 1
PAUL A
51245 Avenida Rubio
La Quinta, CA. 92253
760.771.8050 phone/fax
760.834.5505 cell
q uillp @ea rthlink.net
May 28, 2010
Carolyn Walker
Executive Secretary, Planning Department
City of La Quinta
PO Box 1058
La Quinta, CA. 92243
RE: Request for dismissal from PC meeting June 8
Dear Carolyn
Carolyn, Please forward this request to the City Clerk for my absence from the scheduled
Planning Commission Hearing on June 8. Unfortunately my schedule conflicts on this
date and requires me to be out of town at Cal Poly San Luis; Obispo with my son who is a
student there.
Sincerely,
i
Paul D. Quill, Commissioner
070
ot
U _
+� AM OF TN4'9
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Approval of Second Reading and Adoption
of Ordinance No. 481 Amending Title 2, Chapter 2.95,
Section 2.95.030 (Members) of the La Quinta
Municipal Code Relating to the Community Services
Commission
RECOMMENDATI
Adopt Ordinance No. 481 on second reading.
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
The out of pocket savings to the City from reducing the size of the Commission by
two commissioners is approximately $1,800 per year.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On June 1, 2010, the City Council moved to take up Ordinance No. 481 by title and
number only and waive further reading. The City Council further moved to introduce
Ordinance No. 481 on first reading.
The motion to introduce Ordinance No. 481 carried by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
071
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Adopt Ordinance No. 481 on second reading; or
2. Do not adopt Ordinance No. 481 on second reading; or
3. Provide staff with alternative direction.
Respectfully submitted,
Approved for submission by:
Thomas P. Genovese, City Manager
ORDINANCE NO. 481
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING TITLE 2,
CHAPTER 2.95, SECTION 2.95.030 (MEMBERS) OF THE
LA QUINTA MUNICIPAL CODE RELATING TO THE
COMMUNITY SERVICES COMMISSION
WHEREAS, the City wishes to amend the La Quinta Municipal Code to
reduce the number of commissioners on the Community Services Commission to
five.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. That Chapter 2.95, Community Services Commission, Section
2.95.030 of the La Quinta Municipal Code is hereby amended to read as follows:
2.95.030 Members — Appointments — Terms.
A. The Commission shall consist of five members appointed by the City
Council. Parties interested in serving on this Commission shall exhibit expertise,
experience, or knowledge, or similar assets that may be useful in serving on this
Commission.
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta
City Council held this 151h day of June 2010, by the following vote:
AYES: Council Members
NOES:
ABSENT:
ABSTAIN:
013
Ordinance No. 481
Reduction in Number of Community Services Commissioners
Adopted: June , 2010
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
DON ADOLPH, Mayor
City of La Quinta, California
014
Ordinance No. 481
Reduction in Number of Community Services Commissioners
Adopted: June , 2010
Page 3
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE 1 ss.
CITY OF LA QUINTA 1
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
481 which was introduced at a regular meeting on the 1" day of June 2010, and
was adopted at a regular meeting held on the 16`h day of June 2010, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-1 15.
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on June_, 2010 pursuant
to Council Resolution.
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
•00. 075
T4&t 4 4a Qu!Rrcv
COUNCIL/RDA MEETING DATE: .tune 15, 2010
ITEM TITLE: Approval of a Contract Change Order with
Vintage Associates, Project No. 2009-20, Park Landscape
Maintenance Services
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:%
STUDY SESSION:
PUBLIC HEARING:
Approve Contract Change Order No. 1 in the amount of $121,920 (Attachment 1)
with Vintage Associates, Project No. 2009-20, Park Landscape Maintenance Services
and authorize the City Manager to execute.
FISCAL IMPLICATIONS:
Funding is contained in the Fiscal Year 2010-201 1 Budget as follows:
101-3005-451.34-04 Parks $325,680
101-7004-431.34-04 Landscape and Lighting District $172,800
101-3004-451.30-96 Library $6,720
101-3006-451.34-04 Museum $5,100
There is adequate funding contained in the Fiscal Year 2010-201 1 budget for this
request.
CHARTER CITY IMPLICATIONS:
The Park Landscape Maintenance Services Contract is funded through the General
Fund, the Lighting and Landscape District (LLD) Fund, and the Library Fund; therefore,
prevailing wages are not required for this contract.
BACKGROUND AND OVERVIEW:
On May 4, 2010, City Council awarded a contract to Vintage Associates, Inc. for the
Park Landscape Maintenance Services, Project No. 2009-20, in the amount of
$388,380 and authorized the City Manager to execute the Agreement.
.0'. 076
The Bear Creek Trail and Seasons Retention Basin have been maintained under the LLD
contract. Due to the recreational uses at these facilities, we are requesting moving the
maintenance of these facilities under the Parks Maintenance Contract while retaining
the funding in the LLD.
FINDINGS AND ALTERNATIVES:
Alternatives available to the City Council include:
1. Approve Contract Change Order No. 1 in the amount of $121,920 with Vintage
Associates, Project No. 2009-20, Park Landscape Maintenance Services and
authorize the City Manager to execute; or
2. Do not approve Contract Change Order No. 1 in -the amount of $121,920 with
Vintage Associates, Project No. 2009-20, Park Landscape Maintenance
Services; or
3. Provide staff with alternative direction.
Respectfully submitted,
Edie Hylton
Community
Director
Approved for submission by:
homas P. Genovese, City Manager
Attachment: 1. Contract Change Order No. 1
077
4 4 a" ATTACHMENT 1
Sheet 1 of 1
CONTRACT CHANGE ORDER NO. 1
PROJECT NO. 2009-20
CONTRACT: Park Landscape Maintenance Services
CONTRACTOR: Vintage Associates, Inc.
##w#wi%%iii#wii%%#ww**#x#ii%iiiw%%%%fi###wxw*x##x*#*#fi*x*x*#x##x#*#xxr#xwww%%%%#i#i*#xfifi#xw*#xxw*#xx
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the
following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall
conform to the terms, general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGES EFFECTIVE JULY 1, 2010:
The Bear Creek Trail and Seasons Retention Basin have been maintained under the Landscape and Lighting
District (LLD). For consistency with other recreational facilities the maintenance will be moved to the parks
maintenance contact while retaming tthe funding from the LLD.
Bear Creek Trail = $85,920
Seasons Retention Basin = $36,000
Original Contract Amount
$388,380
Add This Change Order No. 1
$121,920
Revised Contract Total
$510,300
By reason of this contract change order the time of completion is adjusted as follows:
The contract completion date is June 30, 2011.
Submitted By:
Approved By:
Date:
Date:
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is
approved, that we will provide all equipment, furnish all materials, perform alllabor, except as may be noted above, and perform all
services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which
includes all direct and indirect overhead expenses for any delays.
Accepted By: Title: P/ZE�512,02 7-
Contractor:_ Vintage Associates, Inc. Date: "f l®
�,. 078
COUNCIL/RDA MEETING DATE: .tune 15, 2010
ITEM TITLE: Approval to Award a Contract to Bruce and
Sandy Swan for the Expansion of the Veterans
Acknowledgement Area at the Civic Center Campus
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Award a contract (Attachment 1) to Bruce and Sandy Swan in the amount of $37,103
for the expansion of the Veterans Acknowledgement Area at the Civic Center Campus
and authorize the City Manager to execute.
FISCAL IMPLICATIONS:
The Art in Public Places Fund (Account No. 270-0000-451.74-80) includes funding for
the Expansion of the Veterans Acknowledgement Area in the amount of $40,000.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On September 18, 2001, the City Council approved the criteria for the
Acknowledgment Area monuments for Veterans, Artists and Sports Figures to be
located on the Civic Center Campus.
Due to the increasing number of Veterans who are being honored, it has become
necessary to expand the original art piece that was created by artist Bill Ware. Three
local metal artists were given the following scope of work to provide a proposal to
expand the Veterans Acknowledgement:
Project
• Relocate the three existing panels further out on the base to make room for
three new panels.
• Design and construct three new mountain sculptures that match the artists'
original concept.
• Install the three new mountain sculptures between the three relocated
original sculptures. , n19
'"0 .
Materials
• Naval grade bronze panels W X 8')
• The primary and secondary panels need to be made from 1/8" bronze panels.
• The name panels need to be made from 1/16" bronze panels.
• The secondary and name panels need to be attached with theft resistant screws
that allow the panels to be removed. The name panels are removed each year to
engrave the new inductees.
• Patina is to match the original sculptures as closely as possible.
The lowest bid in the amount of $35,000 is from Ric Vigallon. Mr. Vigallon was the
artist who expanded the "Rainbow" art piece at Fritz Burns Park. The proposal that he
provided would alter the original Bill Ware design by making frames for the panels
using stainless steel. Due to the alteration from the original artist's designs and Mr.
Vigallon's lack of experience with bronze, staff is not recommending the proposal from
Ric Vigallon.
Bruce and Sandy Swan submitted the next lowest proposal in the amount of $37,103.
Sandy Swan has extensive bronze sculpture experience and was the artist for the relief
map that is located at the Civic Center Campus. Furthermore, Bruce Swan is a
licensed general contractor.
Metal revelations submitted the highest proposal in the amount of $39,000. They also
have extensive bronze sculpture experience with most of their pieces being
commissioned by residential and commercial owners.
Due to having a clear understanding of the artists original design along with their
combined experience staff is recommending Bruce and Sandy Swan be awarded a
contract for the expansion of the Veterans Acknowledgement Area at the Civic Center
Campus.
FINDINGS AND ALTERNATIVES:
Alternatives available to the City Council include:
1. Award a contract to Bruce and Sandy Swan in the amount of $37,103 for
the expansion of the Veterans Acknowledgement Area at the Civic Center
Campus and authorize the City Manager to execute; or
2. Do not award a contract to Bruce and Sandy Swan in the amount of $37,103
for the expansion of the Veterans Acknowledgement Area at the Civic Center
Campus; or
3. Provide staff with alternative direction.
080
Respectfully submitted,
Edie Hylton —
Community Services Director
Attachment: 1. Agreement
/ Approved for submission by:
Thomas P. Genovese, City Manager
•"...1 0 81
ATTACHMENT 1
CONTRACT SERVICES AGREEMENT
THIS CONTRACT SERVICES AGREEMENT (the "Agreement") is made and entered into by
and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and
BRUCE AND SANDY SWAN, Artists ("Contractor").
RECITALS
WHEREAS, City desires to utilize the services of Contractor as an independent contractor
to provide the City with the expansion of the Veterans Acknowledgement Area art piece.
Contractor represents that it is fully qualified to perform such services by virtue of its
experience and the training, education and expertise of its principals and employees.
City desires to retain Contractor, and Contractor desires to serve City to perform these
services subject to the terms contained herein and all applicable local, state and federal
laws and regulations.
NOW, THEREFORE, in consideration of the performance: by the parties of the mutual
promises, covenants, and conditions contained herein, the parties agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1. Scope of Services. In compliance with all terms and conditions of this Agreement,
Contractor shall provide those services related to the design, construction, and installation
of three new panels for the Veterans Acknowledgement Area art piece that is consistent
with the original artists' vision as specified in the "Scope of Services" attached hereto as
Exhibit "A" and incorporated herein by this reference (the "services" or "work").
Contractor warrants that all services will be performed in a competent, professional and
satisfactory manner in accordance with the standards prevalent in the industry for such
services.
1.2. Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
City of La Quinta and any Federal, State or local governmental agency of competent
jurisdiction.
1.3. Licenses, Permits, Fees and Assessments. Except as otherwise specified herein,
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by 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, Contractor warrants that (a) it
has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there
existing, (c) it has carefully considered how the work should be performed, and (d) it fully
understands the facilities, difficulties and restrictions attending performance of the work
under this Agreement. Should Contractor discover any latent or unknown conditions-
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materially differing from those inherent in the work or as represented by City, it shall
immediately inform City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer (as defined in Section 4.2
hereof).
1.5. Standard of Care. Contractor acknowledges and understands that the services and
work contracted for under this Agreement require specialized skills and abilities and that,
consistent with this understanding, Contractor's services and work will be held to a
heightened standard of quality and workmanship. Consistent with Section 1.4
hereinabove, Contractor represents to City that it holds the necessary skills and abilities to
satisfy the heightened standard of work as set forth in this Agreement. Contractor shall
adopt reasonable methods during the life of the Agreement to furnish continuous
protection to the work performed by Contractor, and the equipment, materials, papers and
other components thereof to prevent losses or damages, and shall be responsible for all
such damages, to persons or property, until acceptance of the work by City, except such
losses or damages as may be caused by City's own negligence. The performance of
services by Contractor shall not relieve Contractor from any obligation to correct any
incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Contractor.
1.6. Additional Services. In accordance with the terms and conditions of this
Agreement, Contractor shall perform services in addition to those specified in the Scope of
Services only when directed to do so by the Contract Officer, provided that Contractor
shall not be required to perform any additional services without compensation. Any
addition in compensation not exceeding five percent (51ro) 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,
are set forth in Exhibit "D" (the "Special Requirements") which is incorporated herein by
this reference and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this Agreement, the
provisions of the Special Requirements shall govern.
2.0 COMPENSATION
2.1. Contract Sum. For the services rendered pursuant to this Agreement, Contractor
shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in
a total amount not to exceed Thirty -Seven Thousand, One Hundred Three Dollars and Zero
Cents ($37,103.00) (the "Contract Sum"), except as provided in Section 1.6. The method
of compensation set forth in the Schedule of Compensation may include a lump sum
payment upon completion, payment in accordance with the percentage of completion of
the services, payment for time and materials based upon Contractor's rate schedule, but
not exceeding the Contract Sum, or such other methods as may be specified in the
Schedule of Compensation. Compensation may include reimbursement for actual and
necessary expenditures for reproduction costs, transportation expense, telephone expense,
and similar costs and expenses when and if specified in the Schedule of Compensation.
2.2. Method of Payment. Any month in which Contractor wishes to receive payment,
Contractor 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
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the date of the invoice. Such invoice shall (1) describe in detail the services provided,
including time and materials, and (2) specify each staff member who has provided services
and the number of hours assigned to each such staff member. Such invoice shall contain a
certification by a principal member of Contractor specifying that the payment requested is
for work performed in accordance with the terms of this Agreement. City will pay
Contractor 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 Contractor, including, but not restricted to, acts of God or of the
public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City, and unusually severe
weather, if Contractor shall within ten (10) days of the: commencement of such delay
notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services
for the period of the forced delay when and if in his or her judgment such delay is justified,
and the Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
3.4. Term. This Agreement shall commence on July 1, 2010 and terminate on October
15, 2010, unless earlier terminated in accordance with Sections 7.7 or 7.8 of this
Agreement,.
4.0 COORDINATION OF WORK
4.1. Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contractor authorized to act in its
behalf with respect to the work specified herein and make all decisions in connection
therewith:
a. Bruce Swan, Licensed Contractor
b. Sandy Swan, Artist
It is expressly understood that the experience, knowledge, capability, and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement
for directing all activities of Contractor and devoting sufficient time to personally supervise
the services hereunder. 084
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The foregoing principals may not be changed by Contractor and no other personnel may be
assigned to perform the service required hereunder without the express written approval of
City.
4.2. Contract Officer. The Contract Officer shall be Steve Howlett, Golf & Parks
Manager or such other person as may be designated in writing by the City Manager of
City. It shall be Contractor's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and Contractor shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of the Contract
Officer.
4.3. Prohibition Against Subcontracting or Assignment;. The experience, knowledge,
capability and reputation of Contractor, its principals and employees were a substantial
inducement for City to enter into this Agreement. Except as set forth in this Agreement,
Contractor shall not subcontract 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. Any attempted or
purported assignment or sub -contracting by Contractor without the City's express written
approval shall be null, void and of no effect.
4.4. Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall
perform all services required herein as an independent contractor of City and shall remain
at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City. Contractor shall not at any time or in any manner represent that
it or any of its agents or employees are agents or employees of City. Contractor agrees to
pay all required taxes on amounts paid to Contractor under this Agreement, and to
indemnify and hold City harmless from any and all taxes, assessments, penalties, and
interest asserted against City by reason of the independent contractor relationship created
by this Agreement. Contractor shall fully comply with the workers' compensation laws
regarding Contractor and Contractor's employees. Contractor further agrees to indemnify
and hold City harmless from any failure of Contractor to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any fees due
to Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor's failure to promptly pay to City any reimbursement or indemnification arising
under this Section 4.4.
4.5. City Cooperation. City shall provide Contractor with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to Contractor only from or through
action by City.
5.0 INSURANCE AND INDEMNIFICATION
5.1. Insurance. Prior to the beginning any Work under this Agreement and throughout
the duration of the term of this Agreement, Contractor shall procure and maintain, at its
sole cost, and submit concurrently with its execution of this Agreement, insurance as
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described herein. All insurance coverage required by this Agreement shall be placed with
insurers authorized to do business in the State of California with an A,M, Best and
Company rating level of A- or better, Class VI or better, unless otherwise approved by the
City's Risk Manager in writing.
5.1.1. Minimum Coverage. Insurance shall include the following (or broader)
coverage:
a. Insurance Services Office Commercial General Liability coverage
"occurrence" form CG 00 01 or its equivalent with an edition date prior to
2004 and with minimum limits of $1,,00O,OOO per occurrence and
$2,0OO,OOO in the aggregate.
b. Insurance Services Office form number CA 0001 or equivalent
covering Automobile Liability, including hired and non -owned automobile
liability with a minimum limit of $1,OOO,O00 per accident. If Contractor
owns no vehicles, this requirement may be satisfied by a non -owned and
hired auto endorsement to Contractor's commercial general liability policy.
C. Contractor shall carry Workers' Compensation Insurance complying
with California's worker's compensation laws, including statutory limits for
workers' compensation and an Employer's Liability limit no less than
$1,000,000 per accident or disease.
5.1.2. Required Endorsements. Liability insurance policies required to be provided
by Contractor hereunder shall contain or be endorsed to contain the following
provisions:
a. City, its employees, officials, agents and member agencies shall be
covered as additional insureds. Coverage shall apply to any and all liability
arising out of the Work or related to the Contract. Additional insured status
under the general liability requirement shall be provided on Insurance
Services Office Form CG 20 10 with an edition date prior to 2004, or its
equivalent. Additional insured status for completed operations shall be
provided either in the additional insured form or through another
endorsement such as CG 20 37 with an edition date prior to 2004.
b. General and automobile liability insurance shall apply separately to
each insured against whom a claim is made or suit is brought, except with
respect to the limits of the insurer's liability. Coverage will not be limited to
City's vicarious liability.
C. Liability coverage shall be primary and non-contributing with any
insurance maintained by the City.
d. Each policy required hereunder, and the associated evidence of
coverage (including the workers' compensation and employer's liability
policies), shall provide that coverage shall not be suspended, voided,
canceled or reduced in coverage or in limits except after 30 days' prior
written notice has been given to City. Such provision shall not include any
limitation of liability of the insurer for failure to provide such notice. Q 86
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e. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contractor, or Contractor's employees, or agents,
from waiving the right of recovery prior to a loss. Contractor waives its right
of recovery against City.
5.1.3. Verification of Coverage. Contractor shall deposit with City within fifteen
(15) days of Notice to Proceed of the Contract certificates of insurance evidencing
the coverage required hereunder and all required endorsements.
5.1.4. No Waiver or Obligation. There shall be no recourse against City for
payment of premiums or other amounts with respect to the insurance required to be
provided by Contractor hereunder. Any failure, actual or alleged, on the part of City
to monitor compliance with these requirements will not be deemed as a waiver of
any rights on the part of City. City has no additional obligations by virtue of
requiring the insurance set forth herein. In the event any policy of insurance
required under this Agreement does not comply with these requirements or is
canceled and not replaced, City has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by City will be promptly
reimbursed by Contractor or City will withhold amounts sufficient to pay premium
from Contractor payments.
5.1.5. Prompt Notice. Contractor agrees to provide immediate notice to City of any
claim or loss against Contractor arising out of the work performed under this
agreement. City assumes no obligation or liability by such notice, but has the right
(but not the duty) to monitor the handling of any such claim or claims if they are
likely to involve City.
5.1.6. Subcontractors. Contractor shall include all subcontractors, if any, as
insureds under its policies or shall furnish separate certificates and endorsements
for each subcontractor approved by City. All coverages for subcontractors, if any,
shall be subject to all of the requirements stated herein unless otherwise approved
in advance in writing by City's Risk Manager.
5.2. Indemnification.
5.2.1. Indemnification. To the fullest extent permitted by law, Contractor shall
indemnify, protect, defend and hold harmless City and any and all of its officials,
employees and agents ("Indemnified Parties") from and against any and all liability,
claims, suits, actions arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including, without limitation, incidental and consequential damages,
actual attorney fees incurred by City, court costs, interest, defense costs including
fees of expert Contractors or expert witnesses incurred in connection therewith and
any other costs or expenses of any kind whatsoever incurred in relation to, as a
consequence of or arising out of or in any way attributable in whole or in part to the
performance of this agreement. All obligations under this provision are to be paid
by Contractor as the City incurs them. With respect to the design of public
improvements, the Contractor shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified in
Exhibit C without the written consent of the Contractor.
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5.2.2. Exception to Contractor's Obligation to Indemnify. Without affecting the
rights of City under any provision of this agreement or this section, Contractor shall
not be required to indemnify and hold harmless City as set forth above for liability
attributable to the sole fault of City, provided such sole fault is determined by
agreement between the parties or by the findings of a court of competent
jurisdiction. This exception will apply only in instances where City is shown to have
been solely at fault and not in instances where Contractor is solely or partially at
fault or in instances where City's fault accounts for only a percentage of the liability
involved. In those instances, the obligation of Contractor will be all-inclusive and
City will be indemnified for all liability incurred, even though a percentage of the
liability is attributable to conduct of the City.
5.2.3. Contractor Acknowledgment. Contractor acknowledges that its obligation
pursuant to this section extends to liability attributable to City, if that liability is less
than the sole fault of City.
5.2.4. Indemnity Provisions for Subcontractors. Contractor agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in
this section from each and every subcontractor, sub tier contractor or any other
person or entity involved by, for, with or on behalf of Contractor in the performance
of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this section.
5.2.5. No Waiver; Survival. Failure of City to monitor compliance with the
requirements of this Section 5.2 imposes no additional obligations on City and will
in no way act as a waiver of any rights hereunder. Contractor's obligation to
indemnify and defend City as a set forth herein is binding on the successors,
assigns, or heirs of Contractor and shall survive the termination of this Agreement
or this section.
5.3. Remedies. In addition to any other remedies City may have if Contractor fails to
provide or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under this Agreement.
b. Order Contractor to stop work under this Agreement and/or withhold any
payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies
City may have. The above remedies are not the exclusive remedies for Contractor's failure
to maintain or secure appropriate policies or endorsements. Nothing herein contained shall
be construed as limiting in any way the extent to which Contractor may be held
responsible for payments of damages to persons or property resulting from Contractor's or
its subcontractors' performance of work under this Agreement.
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6.0 RECORDS AND REPORTS
6.1. Reports. Contractor shall periodically prepare and submit to the Contract Officer
such reports concerning Contractor's performance of the services required by this
Agreement as the Contract Officer shall require.
6.2. Records. Contractor shall keep such books and records as shall be necessary to
perform the services required by this Agreement and enable the Contract Officer to
evaluate the cost and the performance of such services. Books and records pertaining to
costs shall be kept and prepared in accordance with generally accepted accounting
principals. The Contract Officer shall have full and free access to such books and records
at all reasonable times, including the right to inspect, copy, audit, and make records and
transcripts from such records.
6.3. Ownership of Documents. Originals of all drawings, specifications, reports, records,
documents and other materials, whether in hard copy or electronic form, which are
prepared by Contractor, its employees, subcontractors and agents in the performance of
this Agreement, shall be the property of City and shall be delivered to City upon
termination of this Agreement or upon the earlier request of the Contract Officer, and
Contractor shall have no claim for further employment or additional compensation as a
result of the exercise by City of its full rights of ownership of the documents and materials
hereunder. Contractor shall cause all subcontractors to assign to City any documents or
materials prepared by them, and in the event Contractor fails to secure such assignment,
Contractor shall indemnify City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said
documents and materials without written verification or adaptation by Contractor for the
specific purpose intended and causes to be made or makes any changes or alterations in
said documents and materials, City hereby releases, discharges, and exonerates Contractor
from liability resulting from said change. The provisions of this clause shall survive the
completion of this Contract and shall thereafter remain in full force and effect.
6.4. Release of Documents. The drawings, specifications, reports, records, documents
and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer or as required by law. Contractor shall not disclose to any other entity or person
any information regarding the activities of City, except as required by law or as authorized
by City.
6.5. Confidentiality. Contractor covenants that all data, documents, discussion, or other
information, if any, developed or received by Contractor or provided for performance of
this Agreement are deemed confidential and shall not be disclosed by Contractor to any
person or entity without prior written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data shall be returned to City upon
the termination of this Agreement. Contractor's covenant under this section shall survive
the termination of this Agreement.
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 U $g
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California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Contractor covenants and agrees to submit to the personal jurisdiction of such court in the
event of such action.
7.2. Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long as
the injuring party commences to cure such default within ten (10) days of service of such
notice and completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer; provided
that if the default is an immediate danger to the health, safety and general welfare, City
may take such immediate action as City deems warranted. Compliance with the provisions
of this section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's right to
take legal action in the event that the dispute is not cured, provided that nothing herein
shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3. Retention of Funds. City may withhold from any monies payable to Contractor
sufficient funds to compensate City for any losses, costs, liabilities, or damages it
reasonably believes were suffered by City due to the default of Contractor in the
performance of the services required by this Agreement.
7.4. Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. City's consent or approval of any act by Contractor requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or approval
of any subsequent act of Contractor. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
7.5. Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties
are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
7.6. Legal Action. In addition to any other rights or remedies, either party may take
legal action, at law or at equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
7.7. Termination Prior to Expiration of Term. This section shall govern any termination
of this Agreement, except as specifically provided in the following Section 7.8 for
termination for cause. City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of
any notice of termination, Contractor shall immediately cease all services hereunder except
such as may be specifically approved by the Contract Officer. Contractor shall be entitled
to compensation for all services rendered prior to receipt of the notice of termination and
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for any services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer, except as
provided in Section 7.3.
7.8. Termination for Default of Contractor. If termination is due to the failure of
Contractor to fulfill its obligations under this Agreement, City may, after compliance with
the provisions of Section 7.2, take over work and prosecute the same to completion by
contract or otherwise, and Contractor shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein stipulated
(provided that City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to Contractor for the purpose of setoff or partial payment of the
amounts owed City as previously stated in Section 7.3.
7.9. Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION
8.1. Non -liability of City Officers and Employees. No officer or employee of City shall be
personally liable to Contractor, or any successor in interest, in the event or any default or
breach by City or for any amount which may become due to Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
8.2. Conflict of Interest. No officer or employee of City shall have any personal interest,
direct or indirect, in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which affects his or her personal interest or the
interest of any corporation, partnership or association in which she or he is, directly or
indirectly, interested, in violation of any State statute or regulation. Contractor warrants
that it has not paid or given and will not pay or give any third party any money or general
consideration for obtaining this Agreement.
8.3. Covenant Against Discrimination. Contractor covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin or ancestry in the
performance of this Agreement. Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard
to their race, color, creed, religion, sex, marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1. Notice. Any notice, demand, request, consent, approval, communication either
party desires or is required to give the other party or any other person shall be in, writing
and either served personally or sent by prepaid, first-class mail to the address set forth
below. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated forty-eight (48) hours from the
time of mailing if mailed as provided in this section.
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To City:
CITY OF LA QUINTA
Attn: Steve Howlett
78495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92247-1504
To Contractor:
BRUCE & SANDY SWAN
51382 Calle Paloma
La Quinta, CA 92253
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. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are
hereby incorporated in this Agreement. In the event of any material discrepancy between
the express provisions of this Agreement and the provisions of any document incorporated
herein by reference, the provisions of this Agreement shall prevail except as otherwise
provided in Section 1.7.
9.4. 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.
9.5. 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.
9.6. 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
CITY OF LA QUINTA CONTRACTOR:
a California municipal corporation
THOMAS P. GENOVESE, City Manager
Dated:
ATTEST:
VERONICA J. MONTECINO, CMC
City Clerk, La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
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Exhibit A
Scope of Services
Services to be Provided:
Design, produce, and install three additional bronze sculpture pieces with depth and name
plates. The existing three mountain sculptures will be moved and relocated toward the
outer edge of the concrete base to create room in the center for the three new sculptures.
The new pieces will be positioned and installed for best visibility, to allow access to the
bolts, and to permit cleaning and sculpture maintenance.
Meet with Park Manager to discuss project requirements. Take measurements and
photographs of existing mountain sculpture pieces and base. Create 3-dimensional scale
mockette of existing pieces, and diagram of current placement on base.
Design three new mountain sculptures with depth and name plates in the style of existing
sculpture. Create 3-dimensional scale mockette models of new pieces. Create new
footprint for the 3 existing and 3 new sculpture elements. Coordinate fabrication of the 3
new bronze mountain sculptures including cutting, welding, bracket and base plate design
and assembly, attachment of depth and name plates, and patina application. Transport to
Civic Center site. Relocate and reinstall 3 existing sculpture pieces. Install 3 new bronze
sculptures.
2. Specifics:
Bronze panels will be "Naval Grade" or better.
Bronze thickness is 1 /8" for main and depth panels, and 1 /16" for the name plates, per
existing sculpture.
Each of the 3 new mountain sculptures will consist of a main panel and a side wing panel.
Name plates will be on the main panels only, for optimum visibility.
Each main panel will have 2 or 3 name plates, depending on available viewing space
between the relocated existing panels.
Largest panel will be 4'w x 8'h; wing panels 2 '/4'w x 5'h.
Patina color to match existing as closely as possible.
Mounting screws for name panels will be star -pattern head, to reduce possibility of theft.
Sculptures will be attached to concrete base per existing.
.10, 094
Revised 05i12/10 Page 13 of 17
3. Not Included:
Sales Tax, City fees or permits, inspection fees, engineering fees.
Water jet cutting of names.
Repainting of base after sculpture installation/relocation
Anti -graffiti coating.
„e 095
Revised 05 12�10 Page 14 of 17
Exhibit B
Schedule of Compensation
Total compensation for all work performed under the Agreement shall not exceed Thirty
Seven Thousand One Hundred Three Dollars and Zero Cents ($37,103.00) except as
specified in Section 1.6 - Additional Services of the Agreement.
Payment Schedule:
Deposit due upon executed Agreement (50%) $18,551.5O
Progress payment due upon completion of assembly and patina (25%) $9,275.75
Final payment due upon completion of contract (25%) $9,275.75
•N.. 096
Revised 05/12/10 Page 15 of 17
Exhibit C
Schedule of Performance
Contractor shall complete all services within the term of this agreement, which term is July
1, 2010 to October 15, 2010.
097
Revised 05/1210 Page 16 of 17
Exhibit D
Special Requirements
Done.
10'. 093
Revised 05;12/10 Page 17 of 17
T4hf 4 4 a"
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Acceptance of Off -Site Improvements
Associated with Tract Map No. 30023-1 and 30023-2,
Trilogy, Shea La Quinta, LLC
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 4
STUDY SESSION:
PUBLIC HEARING:
Accept off -site improvements associated with Tract Map No. 30023-1 and 30023-2,
Trilogy, Shea La Quinta, LLC and authorize staff to release the performance and labor
and materials security obligation.
FISCAL IMPLICATIONS:
Acceptance of the off -site improvements will impact the General Fund as follows:
Catch basin maintenance is estimated to be $500 annually, which will be incorporated
in the Public Works Department Account No. 101 -7003-431.43-73 for Storm Drain
Maintenance.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Tract Map No. 30023-1 and 30023-2, Trilogy, Shea La Quinta, LLC, are located south
of Avenue 60, north of Avenue 62, east of Madison Street, and west of Monroe Street
(Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps,
storm drain, landscaping, catch basins, signing, striping, and asphalt concrete
pavement. All obligations of the Subdivision Improvement Agreement for the off -site
099
improvements for Tract Map No. 30023-1 and 30023-2 have been satisfied.
Attachment 2 indicates the amount of the warranty security.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Accept the off -site improvements associated with Tract Map No. 30023-1 and
30023-2, Trilogy, Shea La Quinta, LLC and authorize staff to release the
performance and labor and materials security obligation; or
2. Do not accept the off -site improvements associated with Tract Map No. 30023-
1 and 30023-2, Trilogy, Shea La Quinta, LLC and do not authorize staff to
release the performance and labor and materials security obligation; or
3. Provide staff with alternative direction.
Respectfully submitted,
Ti othy of as on, P.E.
Public Works D ector/City Engineer
Approved for submission by:
- Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Warranty Security Exhibit
»� ' 100
ATTACHMENT 1
TM 30023-1 & 30023-2 'TRILOGY
60th
62nd
CITY OF
LA QUWTA
Ld
L7
n'
Z
0
AVENUE
61st Ave.
AVENUE
VICINITY MAP
NOT TO SCALE
CITY COUNCIL MEETING: June 15, 2010
ITEM TITLE: Acceptance of Off -Site Improvements Associated
with Tract Map No. 30023-1 and 30023-2, Trilogy
APPLICANT: Mr. Perry Devlin, Shea La Quinta, LLC
».: 101
ATTACHMENT 2
WARRANTY SECURITY
TM 30023-1, 30023-2
Development Name: Trilogy
OFF -SITE IMPROVEMENTS
Performance Security'
Improvement Description
Labor &
MaterialS2
Original
Amount
Proposed
Reduction
WARRANTY
AMOUNT'
Streets and Drainage*
$649,000
$1,298,000
90%
$129,800
Domestic Water*
$431,750
$863,500
90%
$86,350
Totalsl
$1,080,750
1 $2,161,500
1
1$216,150
Security posted with County of Riverside
Performance Security shall be released immediately upon City Council
acceptance
2 Labor & Materials Security to remain in place for 90 days after City Council
acceptance of improvements.
3 WARRANTY SECURITY (10% of Original Performance Security) shall be
received by the City prior to being placed on the agenda for City Council.
Ike 102
L/� Q
v
`y OE TKr
COUNCIL/RDA MEETING DATE: June 15, 2010
►TEM TITLE: Acceptance of Fiscal Year 2010-2011
Edward Byrne Memorial Justice Assistance Grant (JAG)
Award in the Amount of $18,589 from the Bureau of
Justice Assistance and Approval to Submit Project
Application
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Accept a Fiscal Year 2010-2011 Edward Byrne Memorial Justice Assistance Grant
(JAG) award in the amount of $18,589 from the U. S. Department of Justice, and
grant approval to submit the project application.
FISCAL IMPLICATIONS:
The City of La Quinta is eligible to receive JAG funds in the amount of $18,589 in
Fiscal Year 2010-2011. Pursuant to the terms of the grant, each unit of local
government may draw down any or all JAG funds after acceptance of the award. To
do so, a trust fund must be established in which to deposit the funds, which the City
has done by creating Fund 213. The trust fund may or may not be an interest -bearing
account. If sub recipients draw down JAG funds in advance, they also must establish
a trust fund in which to deposit funds.
CHARTER CITY IMPLICATIONS:
None.
'7e191:410*11111017e\i�l
The U. S. Department of Justice, Bureau of Justice Assistance (BJA) has made law
enforcement funds available for Federal Fiscal Year 2010-201 1 through the Edward
Byrne Memorial Justice Assistance program. Once the application has been submitted,
the Department of Justice will review the application and notify the City of its approval
in approximately one month. The City will then have three years from the allocation
date to spend the funds.
103
The grant is designed to be used for technical assistance, training, personnel,
equipment, supplies, contractual support, information systems for criminal justice, and
criminal justice related research and evaluation activities. The La Quinta Police
Department has requested the funding for: 1) the purchase of new alcohol screening
units to replace the oldest devices; 2) traffic services enclosed trailer to mobilize the
Traffic Services Team for fatal collision investigations, checkpoints, special events,
etc.; 3) a forensic phone kit which downloads all data on a cell phone kit to retrieve
evidentiary information; 4) an additional Segway to mobilize the entire Special
Enforcement Team; and 5) additional equipment and supplies to maintain the various
technological tools.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept a Fiscal Year 2010-2011 Edward Byrne Memorial Justice Assistance
Grant award in the amount of $18,589 from the U. S. Department of Justice,
and grant approval to submit the project application; or
2. Do not accept a Fiscal Year 2010-2011 Edward Byrne Memorial Justice
Assistance Grant award in the amount of $18,589 from the U. S. Department
of Justice, and do not grant approval to submit the project application; or
3. Provide staff with alternative direction.
Respectfully submitted,
Allp //,&
Bret M. Plumlee
Assistant City Manager — Management Services
Approved for submission by:
Thomas P. Genovese, City Manager
"• P 104
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Adoption of A Resolution Calling and Giving
Notice of the Holding of a General Municipal Election to
be Held on Tuesday, November 2, 2010, for the
Election of Certain Officers as Required by the
Provisions of the Laws of the State of California
1:1Xd�L41�4I� �I �7er7
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: _/_0
STUDY SESSION:
PUBLIC HEARING:
Adopt Resolution calling and giving notice of the holding of a General Municipal
Election to be held on Tuesday, November 2, 2010, for the election of certain officers
as required by the provisions of the law of the State of California.
FISCAL IMPLICATIONS:
The Riverside County Registrar of Voters has provided a cost estimate of $38,000
for this election which has been included in the Fiscal Year 2010-201 1 budget for
approval.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The proposed resolution is for the purpose of officially calling and giving notice of
holding a municipal election on the first Tuesday after the first Monday in November of
even -numbered year. Pursuant to the Elections Code, this resolution must be adopted
and submitted to the Riverside County Registrar of Voters by June 25, 2010.
On November 2, 2010, La Quinta voters will consider to elect a Mayor for a full term
of two years and two members of the City Council for full terms of four years. The
filing
P
pq 105
period for candidate nomination papers to these offices will open on July 12 and close
on August 6, 2010. In the event an incumbent does not file, the nomination period is
extended to August 11, 2010.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a resolution calling and giving notice of the holding of a General Municipal
Election to be held on Tuesday, November 2, 2010, for the election of certain
officers as required by the provisions of the laws of the State of California; or
2. Do not adopt the proposed resolution calling and giving notice of the holding of
a General Municipal Election to be held on Tuesday, November 2, 2010, for the
election of certain officers as required by the provisions of the laws of the State
of California; or
3. Provide staff with alternative direction.
Res
submitted,
Approved for submission by:
Thomas P. Genovese, City Manager
M9.
106
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA CALLING AND GIVING NOTICE
OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA
WHEREAS, under the provisions of the laws of the State of California, a General
Municipal Election shall be held on Tuesday, November 2, 2010, for the election of
Municipal Officers;
NOW THEREFORE BE IT RESOLVED, the City Council of the City of La Quinta,
California hereby does declare, determine and order as follows:
SECTION 1. That pursuant to the requirements of the State of California
relating to General Law and Charter Cities there is called and ordered to be held in the
City of La Quinta, California, on Tuesday, November 2, 2010, a General Municipal
Election for the purpose of election of one (1) Mayor for the full term of two years and
two (2) Members of the City Council for the full term of four years.
SECTION 2. That the ballots to be used at the election shall be in the
form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to
procure and furnish any and all official ballots, notices, printed matter and all supplies,
equipment and paraphernalia that may be necessary in order to properly and lawfully
conduct the election
SECTION 4. That the polls for the election shall be open at seven o'clock
a.m. of the day of the election and shall remain open continuously from that time until
eight o'clock p.m. of the same day when the polls shall be closed, except as provided
in §14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the
election shall be held and conducted as provided by law for holding municipal
elections.
«e 107
Resolution No. 2010-
Calling Election November 2, 2010
June 15, 2010
Page 2.
SECTION 6. That notice of the time and place of holding the election is
given and the City Clerk is authorized, instructed and directed to give further notice of
the election, in time, form and manner as required by law.
SECTION 7. That the City Clerk shall certify to the passage and adoption
of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 151" day of June, 2010 by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Veronica J. Montecino, CIVIC, City Clerk
City of La Quinta, California
[SEAL]
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
City of La Quinta, California
DON ADOLPH, Mayor
City of La Quinta, California
"- 108
E,y OF'7'NV�
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Adoption of a Resolution Requesting the
Board of Supervisors of the County of Riverside,
California, to Consolidate a General Municipal Election to
be Held on Tuesday, November 2, 2010, with the
Statewide General Election to be Held on the Date
Pursuant to § 10403 of the Elections Code
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR: II
STUDY SESSION:
PUBLIC HEARING:
Adopt Resolution requesting the Board of Supervisors of the County of Riverside,
California, to consolidate a General Municipal Election to be held on Tuesday,
November 2, 2010, with the Statewide General Election to be held on the date
pursuant to § 10403 of the Elections Code.
FISCAL IMPLICATIONS:
The Riverside County Registrar of Voters has provided a cost estimate of $38,000 for
this election which has been included in the Fiscal Year 2010-2011 budget for
approval.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Elections Code Section 10403 provides that the City Council may request the county
elections department to consolidate the General Municipal Election with the Statewide
General Election. The City of La Quinta has consolidated General Municipal elections
with the County since incorporation. The proposed resolution requests the services of
the County Registrar of Voters for the election to be held on November 2, 2010.
�v 109
Pursuant to the Elections Code, this resolution must be adopted and submitted to the
Riverside County Registrar of Voters by June 25, 2010.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a resolution requesting the Board of Supervisors of the County of
Riverside, California, to consolidate a General Municipal Election to be held on
Tuesday, November 2, 2010, with the Statewide General Election to be held on
the date pursuant to § 10403 of the Elections Code; or
2. Do not adopt the proposed resolution requesting the consolidation with the
Statewide General Election for the General Municipal Election to be held on
November 2, 2010; or
3. Provide staff with alternative direction.
Respectfully submitted,
Approved for submission by:
Thomas P. Genovese, City Manager
». 110
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA
TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 2, 2010 WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE
PURSUANT TO §10403 OF THE ELECTIONS CODE
WHEREAS, a Municipal Election is to be held in the City of La Quinta,
California, on Tuesday, November 2, 2010, for the purpose of the election of a
Mayor, and two Members of the City Council; and
WHEREAS, it is desirable that the General municipal election be consolidated
with the Statewide General election to be held on the same date and that within
the city the precincts, polling places and election officers of the two elections be
the same, and that the county election department of the County of Riverside
canvass the returns of the General Municipal Election and that election be held in
all respects as if there were only one election;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of § 10403 of the
Election Code, the Board of Supervisors of the County of Riverside is hereby
requested to consent and agree to the consolidation of a General Municipal Election
with the Statewide General election on Tuesday, November 2, 2010, for the
purpose of the election of a Mayor for a term of two (2) years, and two Members
of the City Council for a term of four (4) years.
SECTION 2. That the county election department is authorized to
canvass the returns of the General Municipal Election. The election shall be held in
all respects as if there were only one election, and only one form of ballot shall be
used.
SECTION 3. That the Board of Supervisors is requested to issue
instructions to the county elections department to take any and all steps necessary
for the holding of the consolidated election.
SECTION 4. That the City of La Quinta recognizes that additional
costs will be incurred by the County by reason of this consolidation and agrees to
reimburse the County for any costs.
'pro• Ill
Resolution No. 2010-
Requesting Consolidation of Election
June 15, 2010
Page 2
SECTION 5. That the City Clerk is hereby directed to file a certified
copy of this resolution with the Board of Supervisors and the county election
department of the County of Riverside.
SECTION 6. That the City Clerk shall certify to the passage and
adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED on this 15th day of June, 2010.
ATTEST:
Veronica J. Montecino, CMC, City Clerk
City of La Quinta, California
[CITY SEAL]
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
DON ADOLPH, Mayor
City of La Quinta, California
pv• 112
��lAMYN
a
y OF
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Approval of Amendment No. 1 to the
Agreement with Young Electric Sign Company for
Project No. LMC 2008-14, Landscape Lighting
Maintenance Services for Landscape & Lighting
Assessment District 89-1
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: Lr �
STUDY SESSION:
PUBLIC HEARING:
Approve Amendment No. 1 to the agreement for landscape lighting maintenance
services, Project No. LMC 2008-14 Landscape & Lighting Assessment District 89-1
(Attachment 1), with Young Electric Sign Company to continue services for an
additional year (July 1, 2010 through June 30, 201 1) and authorize the City Manager
to execute the amendment.
FISCAL IMPLICATIONS:
Adequate funds for these services have been proposed in the Fiscal Year 2010-201 1
budget, Landscape and Lighting Account No. 101 -7004-431.32-07 and Parks Account
No. 101-3005-451.32-07.
CHARTER CITY IMPLICATIONS:
This project is funded by the Landscape & Lighting Assessment District 89-1 Fund and
the General Fund. Therefore, under the City's status as a charter city, the City is not
mandated to pay prevailing wage rates.
BACKGROUND AND OVERVIEW:
During the April 21, 2009, City Council meeting, the City Council approved an
agreement in the amount of $137,700 with Young Electric Sign Company to provide
landscape lighting maintenance services for Project No. LMC 2008-14, Landscape &
Lighting Assessment District 89-1 . The existing agreement expires on June 30, 2010
(Attachment 2). The original contract specifications, Section 2000-2.0 Contract
Terms, allowed for four (4) one-year extensions renewable at the beginning of each
fiscal year through Fiscal Year 2013-2014, at the City's discretion if the contractor
n. ' 113
performs in a satisfactory manner. The contract may be terminated with thirty (30)
day notice to the contractor.
Staff believes the contractor has performed satisfactorily and, therefore, recommends
a one year extension as defined in Amendment No. 1 to the agreement extending the
term for one additional year, from July 1, 2010 through June 30, 2011, at the same
rate of $137,700. In addition, language has been added to Amendment No. 1 to
update the insurance language as recommended by California Joint Powers Insurance
Authority (CJPIA).
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Approve Amendment No. 1 to the agreement for landscape lighting maintenance
services, Project No. LMC 2008-14 Landscape & Lighting Assessment District
89-1, with Young Electric Sign Company to continue services for an additional
year and authorize the City Manager to execute the amendment; or
2. Do not approve Amendment No. 1 to the agreement for landscape lighting
maintenance services, Project No. LMC 2008-14 Landscape & Lighting
Assessment District 89-1, with Young Electric Sign Company to continue
services for an additional year and do not authorize the City Manager to execute
the amendment; or
3. Provide staff with alternative direction.
Respectfully submitted,
w
mothy . J n s on, P.E.
Public Wor D ctor/City Engineer
Approved for submission by:
o,'X ,
,'� /"" e-e5�s��
Thomas P. Genovese, City Manager
Attachments: 1. Amendment No. 1 to agreement with Young Electric Sign
Company
2. Existing agreement with Young Electric Sign Company
115
ATTACHMENT
AMENDMENT NO. 1 TO AGREEMENT WITH
YOUNG ELECTRIC SIGN COMPANY FOR PROJECT NO. LMC 2008-14,
LANDSCAPE LIGHTING MAINTENANCE SERVICES
FOR LANDSCAPE & LIGHTING ASSESSMENT DISTRICT 89-1
THIS AMENDMENT NO. 1 TO THE AGREEMENT WITH YOUNG ELECTRIC
SIGN COMPANY FOR PROJECT NO. LMC 2008-14, LANDSCAPE LIGHTING
MAINTENANCE SERVICES FOR LANDSCAPE & LIGHTING ASSESSMENT DISTRICT
89-1 ("Amendment No. 1") is made and entered into as of the day of
, 2010 ("Effective Date"), by and between the CITY OF LA
QUINTA, ("City"), a California municipal corporation, and Young Electric Sign
Company ("Contractor").
RECITALS
A. On or about April 21, 2009, the City and Contractor entered into an
Agreement for Project No. LMC 2008-14 Landscape Lighting Maintenance Services
for Landscape & Lighting Assessment District 89-1. The term of this original
agreement expires June 30, 2010.
B. Pursuant to Section A Terms of Agreement of the original Agreement,
the City and Contractor may extend the term of the agreement upon mutual
agreement by both parties.
C. Contractor and City now wish to amend the original Agreement to
extend the term for one (1) additional year; and update Section 1340 Liability and
Insurance Requirements.
AMENDMENT:
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency and
receipt of which are hereby acknowledged, the parties hereto agree as follows:
As provided in Section A of the existing Agreement, the City and Contractor have
agreed to extend the term of the agreement for one (1) additional year,
commencing July 1, 2010 through June 30, 2011.
Section 1340 Liability and Insurance Requirements of the original Agreement is
amended as follows:
1. Replacement of existing Section 1340, Paragraph 1.0 Indemnification, with
the following:
»e .. 116
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless City, its officers,
employees, representatives and agents ("Indemnified Parties"), from and
against those actions, suits, proceedings, claims, demands, losses, costs,
and expenses, including legal costs and attorneys' fees, arising out of any
liability or claim for liability, for injury to or death of person(s), for damage to
property (including property owned by City) and for errors and omissions
committed by Contractor, its officers, employee representatives, and agents,
which arise out of acts or activities of Contractor's or Contractor's Officers,
employees, agents or representatives ("Claims"), whether or not such act or
activity is authorized by this Agreement, except to the extent of such loss as
may be caused by the City's own negligence or that of its officers or
employees. In the event the Indemnified Parties are made a party to any
action, lawsuit, or other adversarial proceeding in any way involving such
Claims, Contractor shelf provide a defense to the Indemnified Parties,or at
the City's option, reimburse the Indemnified Parties their costs of defense,
including reasonable attorneys' fees, incurred in defense of such Claims. In
addition, Contractor shall be obligated to promptly pay any final judgment or
portion thereof rendered against the Indemnified Parties.
Approval of any insurance contracts by the City does not relieve the
Contractor or subcontractors from liability under Section 1340-1.0,
Indemnification. The City will not be liable for any accident, loss, or damage
to the work prior to its completion and acceptance. .
2. Deletion of Section 1340, Paragraphs 2.2(e) and 2.3(c) regarding
deductibles.
3. Correction to Section 1340, Paragraph 2.6, which should be changed to
reference "Paragraph 1340-2.54 Endorsements."
4. Replacement of Section 1340, Paragraph 2.6, with the following:
2.6 Change in Terms
The Contractor shall provide immediate written notice to the City of any
change in terms and conditions and/or reduction in the coverage of any
nature to the insurance policies. The notice shall be sent to the location
identified in Paragraph1340-2.5.d, Endorsements. The Contractor shall be
»- 117
obligated to pay any extra premium for maintaining the insurance
requirements specified herein.
5. All remaining language in Section 1340 shall continue in full force and effect
for the term of this Amendment. Except as expressly amended or superseded by
Amendment No. 1, the terms and conditions of the original agreement shallremain
in effect.
IN WITNESS WHEREOF, the City and Contractor have executed this
Amendment No. 1 to the Agreement with Young Electric Sign Company for Project
No. LMC 2008-14 Landscape Lighting Maintenance Services for Landscape &
Lighting Assessment District 89-1 on the respective dates set forth below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager Date
ATTEST:
Veronica J. Montecino, CMC, City Clark,
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
CONTRACTOR: Young Electric Sign Company
5405 N. Industrial Parkway
San
Bern rdino, CA 92407
By: fGGOL� C c � — Date: W, - '9 I
Name {please pr ):
Title (please print): IVP
.M�. 119
ATTACHMENT 2
THIS AGREEMENT, made and entered into this 30 day of April , 2009, by and
between the CITY OF LA QUINTA, CALIFORNIA, a Municipal Corporation, hereinafter
designated as "CITY" and MIM MKM 1'w (YESC), hereinafter referred to as
"CONTRACTOR".
WITNESSETH:
WHEREAS, on April 10, 2009, CITY invited bids for landscape maintenance services for
CITY maintained properties per specifications; and
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a hid, which was
accepted by CITY for said services.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
A. TERMS OF AGREEMENT: This Agreement shall be from the date this Agreement is
made and entered, as first written above, until June 30, 2010, or such later date as
may be agreed between parties.
B. CITY'S OBLIGATIONS: For furnishing services, as specified in this Agreement, CITY
will pay and CONTRACTOR shall receive in full compensation; therefore, the total sum
of _ one Hundred Thirty Seven Thousand, Seven Hundred Dollars and No Cents,
($137,700.001, as required in the bid documents and adopted by the CITY.
C. CONTRACTOR'S OBLIGATIONS: For, and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by CITY,
CONTRACTOR agrees with CITY to furnish the services and to do everything required
by this Agreement and the said specifications.
D. Indemnification. Contractor shall defend, indemnify and hold harmless City, its
officers, employees, representatives and agents ("Indemnified Parties"), from and
against those actions, suits, proceedings, claims, demands, losses, costs, and
expenses, including legal costs and attorneys' fees, arising out of any liability or claim
for liability, for injury to or death of person(sl, for damage to property (including
property owned by City) and for errors and omissions committed by Contractor, its
officers, employees representatives, and agents, which arise out of acts or activities of
Contractor's or Contractor's Officers, employees, agents or representatives ("Claims"),
whether or not such act or activity is authorized by this Agreement, except to the
extent of such loss as may be caused by City's own negligence or that of its officers or
employees. In the event the Indemnified Parties are made a party to any action,
lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor
shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the
Indemnified Parties their costs of defense, including reasonable attorneys` fees,
incurred in defense of such Claims. In addition, Contractor shall be obligated to
0.. 120
promptly pay any final judgment or portion thereof rendered against the Indemnified
Parities.
E. AMENDMENTS: Any amendment, modifications, or variation from the terms of this
Agreement shall be in writing. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
F. TERMINATION: If, during the term of this Agreement, CITY determines that
CONTRACTOR is not faithfully abiding by any term or conditions contained herein,
CITY may notify CONTRACTOR in writing of such defect or failure to perform; which
notice must give CONTRACTOR a ten-day notice of time thereafter in which to perform
said work or cure the deficiency. If CONTRACTOR has not performed the work or
cured the deficiency within the ten 110) days specified in the notice, such shall
constitute a break of this Agreement and CITY may terminate this Agreement
immediately by written notice to CONTRACTOR to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under this
.Agreement except, however, any and all obligations of CONTRACTOR'S surety shall
remain in full force and effect, and shall not be extinguished, reduced, or in any manner
waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the
reasonable value of its services performed from the beginning of the period in which
the breach occurs up to the day it received CITY'S Notice of Termination, minus any
offset from such payment representing the CITY'S damages from such breach. CITY
reserves the right to delay any such payment until completion of confirmed
abandonment of the project, as may be determined at the CITY'S sole discretion, so as
to permit a full and complete accounting of costs. In no event, however, shall
CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid.
G. INCORPORATION BY REFERENCE: The Notice Inviting Bids, the General Bid Terms and
Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and the Bid
Specifications, are hereby incorporated in and made a part of this Agreement.
H. COMPLETE AGREEMENT: This written Agreement, including all writings specifically
incorporated hereby in reference, shall constitute the complete agreement between the
parties hereto. No oral agreement, understanding, or representation not reduced to
writing and specifically incorporated herein shall be or any force or effect, nor shall any
such oral agreement, understanding, or representation be binding upon the parties
hereto.
ANTI -DISCRIMINATION: In the performance of the terms of this Agreement,
CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it
may employ, to engage in discrimination in employment of persons because of age,
race, color, sex, national origin or ancestry, or religion of such persons. Violation of
this provision may result in the imposition of penalties referred to in Labor Code
Section 1735.
J. AUDIT: CITY shall have the option of inspection and/or auditing all records and other
written materials used by CONTRACTOR in preparing its statements to CITY as a
condition precedent to any payment to CONTRACTOR.
K. NOTICE: All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows: 9 21
e. 1
CITY: Office of the City Clerk
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247-1504
CONTRACTOR: Mr. John Gregg, Service Branch Manager / ADM
Young Electric Sign Company IYESC!
5405 N. Industrial Parkway San Bernardino, CA 92407
L. LITIGATION COSTS: In the event an action is filed by either party to enforce any rights
or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable
attorney's fees and court costs, in addition to any other relief granted by the court.
M. AUTHORITY TO EXECUTE AGREEMENT: Both CITY and CONTRACTOR do covenant
that each individual executing this Agreement on behalf of each party is a person duly
authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties have executed this Agreement as.of the dates stated below.
Dated:
T ST: f
Veronica.J.> onteeino, CMC, City Clerk
APPROVED AS TO FORM:
ity Attorne
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
Thomas Genovese, City Manager
Dated..�i`'
Dated:M`5�0 /1 ,7- e/
"CONTRACTOR"
Dated: By: G'
Name: STD eXc-• I%%40:�5
q. 122
Title: (f/��D/v/S'Gw�filNf@�rcSQ
Dated: BY:
Name:
Title:
"CONTRACTOR"
(If corporation, affix seal)
Sea mam--el ,Jo&L +y
123
-A
w
y of:
COUNCIL/RDA MEETING DATE: June 16, 2009
ITEM TITLE: Approval of Amended Agreement for Legal
Services with Rutan & Tucker, LLP
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the Amended Agreement for legal services with Rutan & Tucker, LLP and
authorize the City Manager to execute the Amended Agreement.
FISCAL IMPLICATIONS:
Adequate funds have been budgeted in Account 101-101-601-000, General Legal
Services, and in 101-101-601-523, Litigation Legal Services, in Fiscal Year 2010-
2011 for legal services. There are no increases in the monthly retainer or in any of
the hourly billing rates which are proposed. Rutan & Tucker, LLP will continue to
reduce its monthly retainer for months in which a City Council or Planning
Commission meeting is either cancelled or otherwise does not require the
attendance of the City Attorney or Assistant City Attorney. In addition, Rutan &
Tucker will continue to provide the two extra office hours per month at no
additional charge to the City.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW: On June 1, 2010, the City Council completed its
annual review of the City Attorney and gave her a favorable evaluation. For the
2010-2011 Fiscal Year, the City Attorney is not proposing any rate increases.
Instead, given the current economic conditions, she will continue to implement the
«< 124
reductions to the monthly retainer that were introduced in last year's contract, and
will coordinate with staff to avoid unnecessary expenses for office hours and
meeting attendance. In addition, she will continue her expanded office hours at no
additional charge, by commencing her Council day office hours at 9:00 a.m. rather
than 10:00 am.
Michael Houston will continue to serve as Assistant City Attorney for the City of La
Quinta.
Attachment No. 1 is the 2010-2011 Contract for Legal Services. The only change
from last year's contract is to the term; it now covers the 2010-201 1 Fiscal Year.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Approve the Amended Agreement for legal services with Rutan &
Tucker, LLP, and authorize the City Manager to execute the Amended
Agreement; or
2. Do not approve the Amended Agreement for legal services with Rutan
& Tucker, LLP; or
3. Provide staff with alternative direction.
Respectfully submitted,
/. Katherine Jenson, City Attorney
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment : 1. 2010-201 1 Contract for Legal Services
'I".- 125
ATTACHMENT
AMENDED AGREEMENT FOR CONTRACT LEGAL SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement"), is made and
entered into by and between THE CITY OF LA QUINTA ("City"), a California
municipal corporation, the LA QUINTA REDEVELOPMENT AGENCY ("Agency"), a
California public entity, and RUTAN & TUCKER, LLP ("R&T") a Limited Liability
Partnership, as of July 1, 2010. The parties hereto agree as follows:
1. SERVICES OF CONTRACTOR
1.1 SCODe of Services.
In compliance with all terms and conditions of this Agreement, R&T shall
provide general City attorney and Agency legal counsel services, and all necessary
additional legal services, as respectively specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference
("Services" or "work").
1.2 Compliance with Law.
All Services rendered hereunder shall be provided in accordance with all
ordinances, resolutions, statutes, rules, regulations, and laws of the City and any
Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments.
R&T shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the Services that it is
responsible to provide as required by this Agreement.
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2. COMPENSATION
2.1 Schedule of Compensation.
The "Schedule of Compensation" is attached hereto as Exhibit "B" and
incorporated herein by this reference. The rates in the Schedule of Compensation
shall become effective on July 1, 2010.
2.2 Method of Payment.
R&T shall submit to the City on a monthly basis in the form approved by the
City's Finance Director, an invoice for services rendered during the prior month.
Such invoice shall (1) describe in detail the services provided, including the amount
of time spent on the matter, (2) specify each person who has provided services and
the number of hours worked by each such person, and (3) indicate the total
charges on the matter to date. The City will pay the invoice within thirty (30) days
after the date the invoice is received.
3. PERFORMANCE SCHEDULE
3.1 Term.
Unless earlier terminated in accordance with Section 6.2 of this Agreement,
this Agreement shall commence on July 1, 2010, and shall continue in full force
and effect until completion of the Services. The performance of the City Attorney
shall be reviewed by the City Council on or about June 30, 2011, and shall be
reviewed annually thereafter.
12.7
-2-
4. COORDINATION OF SERVICES
4.1 R&T as General Counsel.
M. Katherine Jenson was designated, effective June 27, 2000, as the City
Attorney and Agency's general counsel, and shall have primary responsibility for
coordination of all legal services for the City and the Agency. John Ramirez was
designated, effective June 27, 2000, as the Assistant City Attorney and Assistant
Agency Counsel. Michael Houston was designated, effective May 27, 2003, as an
additional Assistant City Attorney and Assistant Agency Counsel.
4.2 Additional Representatives of R&T.
The following additional attorneys of R&T are hereby designated for the
Services specified herein:
(a) David Cosgrove, as the primary counsel with respect to eminent
domain.
(b) L. Ski Harrison, as the primary counsel with respect to labor
issues.
(c) William M. Marticorena, with respect to cable television and
bond counsel.
(d) Penelope Parmes, as primary counsel with respect to
bankruptcy issues.
(e) Dan Slater and Allison LeMoine-Bui, to assist Ms. Jenson and
Mr. Houston with regard to redevelopment issues.
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-3-
Substitution of the foregoing attorneys shall be permitted with the consent
of the Contract Officer. The foregoing attorneys shall be primarily responsible
during the term of this Agreement for devoting sufficient time to personally
supervise any other attorneys or paralegals in providing the Services provided by
R&T hereunder.
4.3 Contract Officer.
The Contract Officer shall be the City Manager of the City or such other
person as may be designated by the City Manager. It shall be R&T's responsibility
to assure that the Contract Officer is kept informed of the progress of the
performance of the Services.
4.4 Prohibition Against Subcontracting or Assignment.
R&T shall not contract with any other entity to perform in whole or in part
the services required hereunder without the express written approval of the City
and Agency. In addition, neither this Agreement nor any interest herein may be
assigned or transferred, voluntary or by operation of law, without the prior written
approval of City and Agency.
4.5 Independent Contractors.
Neither the City nor any of its employees shall have any control over the
manner, mode or means by which R&T, its agents or employees, perform their
respective Services required herein, except as otherwise set forth. R&T shall each
perform the Services required herein as separate independent contractors of City
�• 129
10
and Agency and shall remain at all times as to City wholly an independent
contractor with only such obligations as are consistent with that role.
4.6 Insurance.
R&T will provide certificates of professional liability insurance for its Services
of at least $500,000 per occurrence and one million in the aggregate.
4.7 City and Agency Cooperation.
The City and Agency shall provide R&T with any data or information
pertinent to Services to be performed hereunder which are reasonably available to
the City and Agency and necessary for the provision of such Services.
5. RECORDS AND REPORTS
5.1 Reports.
R&T shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as
the Contract Officer shall require.
5.2 Records.
R&T shall keep such books and records as shall be necessary to perform the
Services required by this Agreement and enable the Contract Officer to evaluate
the cost and the performance of such Services. The Contract Officer shall have full
and free access to such books and records at all reasonable times, including the
right to inspect, copy, audit, and make records and transcripts from such records.
,. g48m
-5-
6. ENFORCEMENT AND TERMINATION OF AGREEMENT
6.1 California Law.
This Agreement shall be construed and interpreted both as to validity and to
performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County of Riverside,
State of California, or any other appropriate court in such county, and R&T
covenants and agree to submit to the personal jurisdiction of such court in the
event of such action.
6.2 Termination.
This Section shall govern any termination of this Agreement. All parties
reserve the right to terminate this Agreement at any time, with or without cause,
upon thirty (30) days written notice to the other party.
7. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
7.1 Non -liability of City Officers and Employees.
No officer or employee of the City or Agency shall be personally liable to
R&T in the event of any default or breach by the City or Agency or for any amount
which may become due to R&T, or for breach of any obligation of the terms of this
Agreement.
7.2 Conflict of Interest.
R&T warrants that it has not paid or given and will not pay or give any third
party any money or other consideration for obtaining this Agreement.
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u
7.3 Covenant against Discrimination.
R&T covenants that there shall be no discrimination against or segregation
of, any person or group of persons on account of race, color, creed, religion, sex,
marital status, national origin, disability or ancestry in the performance of this
Agreement. R&T shall take any necessary action to insure that applicants are
employed and that employees are treated during employment without regard to
their race, color, creed, religion, sex, marital status, national origin, physical
disability, mental disability, medical condition, age, or ancestry.
8. MISCELLANEOUS PROVISIONS
8.1 Notice.
Any notice, demand, request, consent, approval, communication the parties
desire or are required to give to the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this Section
1.31111111
To City or Agency: CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Thomas P. Genovese
City Manager
To R&T: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
�.. 132
Costa Mesa, CA 92626
Attn: M. Katherine Jenson
8.2 Integrated Agreement.
This Agreement contains all of the agreements of the parties and all previous
understandings, negotiations and agreements are integrated into and superseded by
this Agreement. This Agreement specifically supersedes the prior Agreements for
Contract Services.
8.3 Amendment.
This Agreement may be amended at any time by the consent of the parties
by an instrument in writing signed by all parties.
8.4 Severability.
In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not effect any of the remaining phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties
hereunder.
8.5 Authority.
The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally
bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA
Dated: 2010 By:
Thomas P. Genovese, City Manager
ATTEST:
Veronica J. Montecino, CIVIC, City Clerk
LA QUINTA REDEVELOPMENT AGENCY
Dated: 2010 By:
Thomas P. Genovese, Executive
D
i
r
e
c
t
0
r
ATTEST:
Veronica J. Montecino, CMC, Agency Secretary
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RUTAN & TUCKER, LLP
Dated: 2010 By:
M. Katherine Jenson, Partner
n. 135
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EXHIBIT "A"
SCOPE OF SERVICES
SCOPE OF SERVICES.
A. General.
City and Agency employs R&T and R&T agrees to perform all required legal
services as City Attorney -- General Counsel to the City and Agency Counsel to the
Redevelopment Agency including, without limitation, the following:
1. Regular office hours and coverage of all City Council, Agency Board
and Planning Commission meetings. Attendance at other commission,
committee or negotiating meetings upon request.
2. Prepare and/or review all ordinances, resolutions and agreements of
the City and the Agency.
3. Render such other legal services and advice as required and may from
time to time be requested by the City Council or City Manager on any
matter affecting the operation of the City and/or the Agency.
4. All litigation matters concerning the City and/or Agency.
B. Retainer Services.
R&T agrees that it as part of its retainer, it shall provide, through the
services of M. Katherine Jenson, John Ramirez or Michael Houston, office hours at
City Hall for the time specific in Exhibit B, Section I.A. (the "Retainer Time"). It is
currently anticipated that as a general rule, M. Katherine Jenson will attend Council
and Agency meetings, and that Mr. Ramirez and/or Mr. Houston will attend the
Planning Commission meetings.
II. ADDITIONAL SPECIAL SERVICES.
A. Litigation.
The City and Agency hereby retain R&T to perform litigation services for City
and Agency and the services necessary relating to threatened litigation.
B. Special Municipal Services.
The City and Agency hereby employ R&T to perform specialized legal
services for the areas of labor, cable television, bankruptcy, and general municipal
on an as needed basis.
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89614.11 a06/10/10 A-1
C. Bond Counsel.
R&T agrees to perform all requested legal services as Bond Counsel to City
including without limitation the following:
1. Assessment Districts.
In regard to assessment proceedings pursuant to the Municipal Act of 1913
with bonds issued pursuant to the Improvement Bond Act of 1915 or the 1911
Act, City employs R&T to furnish, and R&T agrees to furnish, the following legal
services:
a. Attend meetings with the City staff and consultants to
formulate the financing.
b. Examination of the map of the assessment district, the
assessment roll and diagram, the bonds, and the giving of
instructions and advice in connection with the foregoing.
C. Preparation of all resolutions, notices, contracts, bond
forms, and other legal papers and document required in
the proceedings.
d. Attendance at the hearing on the assessment district and
at such other City Council's meeting at which any action
in the proceedings is to be taken and attendance is
requested.
e. Examination of the proceedings, step by step, as taken.
f. Supervise the closing.
g. Issuance of Contractor's legal opinion upon the validity of
the proceedings and the bonds issued to represent unpaid
assessments.
2. Pre -assessment Proceedings.
If pre -assessment proceedings are taken, R&T will prepare all resolutions,
notices, and other documents required, attend the pre -assessment hearing and
prepare the resolutions, notices and other documents for the election.
3. General Obligation Bonds.
In connection with the issuance of general obligation bonds, R&T agrees to
draft all resolutions, notices and other documents, attend such meetings of the
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119/015610-0002
89614 11 a06/10/10 A-2
staff and City Council of the City as may be necessary to complete an election for
the authorization of the bonds and the issuance of the bonds if authorized. R&T will
work with the City staff and its consultants to determined the best method of
marketing the bonds, draft all resolutions, notices and other documents for the sale
of the bonds, attend such meetings of the staff and the City Council of the City as
may be necessary to complete the sale of the bonds, prepare closing documents,
supervise the closing and issue R&T's legal approving opinion on the bonds.
4. Certificates of Participation.
The City's joint exercise of powers will be utilized to issue certificates of
participation. R&T will attend the meetings of the City Council of the City and the
Board of Directors of the Authority as may be necessary in connection with the
certificate of participation transaction, prepare documents necessary to lease the
land or facility to be improved and the leaseback of the improved facility, the trust
agreement, the bond sale documents, the certificates, the closing documents,
attend and supervise the closing, and issue a legal approving opinion to the
purchaser of the certificates.
5. Mello -Roos County Facilities Act of 1982-Bonds.
This part relates to the formation of a Community Facilities District
("District") and the bonds to be issued in connection with that District. Such
services shall include but not be limited to meetings with the City staff and its
financial consultant, attendance at City Council meetings, the drafting of
resolutions, notices and other documents required for the formation of the District,
the special tax and bond authorization election, and for the issuance of the bonds,
if determined necessary by Bond Counsel, the uncontested validation of the special
tax if determined necessary by Bond Counsel, the preparation of the closing
documents and the rendering of a legal opinion.
6. Redevelopment Bonds.
R&T will prepare all documents for the issuance and sale of the tax
increment bonds, including the resolutions for adoption by the City Council, the
Agency, and if a financing authority is to be used, the resolutions to be adopted by
the Authority, the trust agreement, bond sale documents, and the closing
documents. R&T will supervise the closing and issue its legal approving opinion on
the proceedings.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
CITY ATTORNEY AND AGENCY COUNSEL.
For services rendered by Rutan & Tucker, LLP, the City and Agency hereby
agree to pay the following fees:
A. Retainer Amount.
1. A flat retainer rate $1 1,000 per month shall be paid for:
(a) For Council Meeting Weeks: On Council meeting
Tuesdays, the hours at City Hall shall be 9:00 a.m. until
the end of the meeting, and 8:30 a.m. until noon, and
then from 1:00 p.m. to 2:00 p.m. on the following
Wednesday. These hours will generally be handled by
Ms. Jenson unless she is ill or otherwise unavailable.
(b) For Planning Commission Weeks: On the Tuesday of the
Commission meeting, the hours at City Hall shall be 4:00
p.m. until the end of the meeting. These hours will be
handled by one of the Assistant City Attorneys or by Ms.
Jenson.
(c) With the consent of the City Manager, the City Attorney
may occasionally adjust the City Hall hours to
accommodate scheduling needs.
(d) The retainer shall be reduced by $1,500 for each bi-
monthly Planning Commission meeting that is cancelled
or which does not require City Attorney/Assistant City
Attorney attendance.
(e) The retainer shall be reduced by $4,000 for each bi-
monthly City Council meeting (and related
Tuesday/Wednesday office hours) that is cancelled or
otherwise does not require the City Attorney's
attendance.
B. Additional Amounts for General City Attorney Services.
1. All hours for general attorney services (in addition to the
Retainer Time) shall be billed at $210 per hour for attorney
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89614, 11 a06/10/10 B-1
services, $130 per hour for all paralegals, and $45 per hour for
document clerks.
11. SPECIAL SERVICES RATES.
For special services rendered by R&T, the City and Agency agree to pay the
following fees:
A. For services rendered in connection with any litigation or threatened
litigation matter as described in Section II.A. of Exhibit "A," or for special
transactional services the following fees shall apply:
1 . $240 per hour for all partners. On special matters, and with the
advance permission of the City Council, a "Special Partner
Rate" of $255 per hour may be imposed for litigation matters
requiring a high degree of specialty outside the normal. The
City Council hereby approves this rate for time spent Jeffrey
Oderman on the SilverRock or SilverHawk transactions.
2. $215 per hour for all associates.
3. $130 per hour for all paralegals and $45 per hour for all
document clerks.
B. For services rendered in connection with other special legal services,
such as labor, telecommunications, redevelopment, hazardous and toxic materials,
but not including bond services, the following fees shall apply:
1. $240 per hour for all partners.
2. $215 per hour for all associates.
3. $130 per hour for all paralegals.
C. Bond Counsel.
For services rendered by R&T acting as Bond Counsel to City and Agency,
the City and Agency hereby agrees to pay the following customary fees. One
percent of the first $1,000,000 of any issuance amount, plus one-half percent of
the issuance amount between $1,000,000 and $5,000,000, plus one-fourth of one
percent of the issuance between $5,000,000 and $10,000,000, plus one -tenth of
one percent of the amount of issuance over $10,000,000. A minimum fee of
$25,000 will be charged for all bond issuances.
D. Costs.
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All travel time shall be billed (except for conjunction with Retainer Work or
Bond Counsel work) but no travel charges to the desert area (i.e., mileage or hotel)
shall be charged. Charges for travel outside the Riverside or Orange County area
will be subject to approval by the City Manager. No long distance telephone
charges within the Orange and Riverside County areas would be billed. All other
out-of-pocket charges (i.e., copying at $.19 per page, Lexis or Westlaw charges,
telecopying, messenger charges) shall be charged at standard rates.
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E. Reimbursement Rates.
For all matters for which the City or Agency is entitled to reimbursement for
R&T's services from third parties, R&T's rates shall be its standard applicable rates.
If the City is unable to obtain reimbursement for any reason, the City or Agency
shall be credited with the differential between the above scheduled rates and the
standard rates, or shall be entitled to a refund of the differential, at its or their
option.
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V08
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Approval of the Plans, Specifications and
Engineer's Estimate of Probable Construction Costs
and Authorization to Advertise for Bid, the
Washington Street Widening Improvements, Project
Number 2008-18
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the plans, specifications and engineer's estimate (PS&E) and authorize
staff to advertise the Washington Street Widening Improvements, Project Number
2008-18 for bid.
FISCAL IMPLICATIONS:
The following is the project's approved funding and funding sources for CIP No.
2008-18:
Proposition 1 B Streets and Roads Program $610,888
Total Funding Available: $610,888
The following is the anticipated project budget for CIP No. 2008-18:
Design: $36,710
Inspection/Testing/Survey: $15,943
Construction: $163,516
Contingency: $394,719
Total: $610,888
As shown above, adequate funding is available for CIP No. 2008-18, Washington
Street Widening Improvements.
143
CHARTER CITY IMPLICATIONS:
The project is funded with Proposition 1 B Local Streets and Roads Funds. As such,
the project will be bid as a prevailing wage improvement.
BACKGROUND AND OVERVIEW:
The proposed improvements will be constructed on Washington Street and Avenue
50. The improvements on Washington are located from Avenue 50 north
approximately 600 linear feet. The project includes the addition of a third
northbound travel lane, curb and gutter, 6' striped bike path, 6' behind the curb
sidewalk. A temporary sidewalk will be added on the north side of Avenue 50 from
Washington Street east approximately 900 feet.
On December 16, 2008, the City Council approved the inclusion of the Washington
Street Improvements within the City's Fiscal Year 2008-2009 Capital Improvement
Program (CIP) and appropriated $610,888 from Local Proposition 1 B Streets and
Roads Program.
On October 20, 2009, the City Council approved a Professional Services
Agreement with MSA Consulting, Inc. to prepare the PS&E of probable
construction costs for the Washington Street Widening Improvements, Project
Number 2008-18.
The PS&E for the Project No. 2008-18 improvements are approximately 95%
complete at this time. The 95% PS&E is available for review within the City's
Public Works Department. Staff requests the City Council approve the PS&E at
this time and authorize staff to advertise the project for construction upon
completion of the final PS&E.
Contingent upon City Council authorization to advertise the project for bid on June
15, 2010, the following is the anticipated project schedule:
City Council Approves PS&E
Project is Advertised
City Council Awards Contract
Sign Contracts and Mobilize
Construction (30 work days)
Project Closeout
June 15, 2010
June 16, 2010 till July 14, 2010
August 3, 2010
August 3, 2010 till August 24, 2010
August 24, 2010 till October 5, 2010
October 19, 2010
p.. 144
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the PS&E, and authorize staff to advertise the Washington Street
Widening Improvements, Project Number 2008-18 for bid; or
2. Do not approve the PS&E, and do not authorize staff to advertise the
Washington Street Widening Improvements, Project Number 2008-18 for
bid; or
3. Provide staff with alternative direction.
Respectfully submitted,
n
4 m omothy R. J nass P.E.
Public Wor Direc !City Engineer
Attachment: 1. Vicinity Map
Approved for submission by:
Thomas P. Genovese, City Manager
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COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Acceptance of Traffic Signal
Improvements at Avenue 52 and Desert Club Drive
Project No.2008-02
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: r
CONSENT CALENDAR: �J
STUDY SESSION:
PUBLIC HEARING:
Accept traffic signal improvements at Avenue 52 and Desert Club Drive Project
No.2008-02, as 100% complete; authorize the City Clerk to file a Notice of
Completion with the Office of the County Recorder; and authorize staff to release
retention in the amount of $17,769, thirty-five (35) days after the Notice of
Completion is recorded.
FISCAL IMPLICATIONS:
The following is a budget summary:
Project Budget Total
Amount Spent Through April 2010 (Including Equipment Purchase)
Project Budget Amount Available
Original Construction Contract Amount
Contract Change Orders No. 1-2
Contract Quantity Change Order No. 3
New Contract Total
Amount Paid to Contractor to Date
Total Remaining Fiscal Commitment to Contractor
Total Retention to be Released
Contract Amount Remaining to be Billed By Contractor
$ 430,000
$ 178,546
$ 251,454
$ 123,668
$ 55,655
$ (1,642)
$ 177,681
$ 140,110
$ 37,571
$ 17,769
$ 19,802
Adequate funding is available to pay the contractor's remaining billing ($19,802) and
retention ($17,769) for project closeout.
"1. 147
CHARTER CITY IMPLICATIONS:
The project is funded with County Fire Credit Funds. As such, the project was bid
as a prevailing wage improvement.
BACKGROUND AND OVERVIEW:
The proposed improvement added 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 was included within the adopted CIP and
scheduled for funding during Fiscal Year 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 plans,
specifications and engineer's estimate (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
advertise for bid the New Traffic Signal at Desert Club Drive and Avenue 52, Project
Number 2008-02.
On September 15, 2009, the City Council authorized 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. The cost of this equipment was $79,474.
On November 3, 2009, City Council awarded a contract for $123,668 to Steiny and
Company, Inc to construct the Traffic Signal Improvements at Avenue 52 and Desert
Club Drive Project No.2008-02.
On December 11, 2009, a Notice to Proceed was issued with a forty (40) working day
contract completion time starting December 15, 2009, and ending on February 11,
2010. Design conflicts and contract change orders extended the project until April 2,
2010. The project was deemed substantially complete on March 30, 2010. Therefore
no liquidated damages or early completion incentives shall be assessed.
148
The project's construction effort is now deemed to be 100% complete and is in
compliance with the plans and specifications.
Prior to filing the Notice of Completion, staff must receive authorization from the City
Council to approve this project as 100% complete and authorize the City Clerk to file a
Notice of Completion.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept the Traffic Signal Improvements at Avenue 52 and Desert Club Drive
Project No.2008-02 as 100% complete; authorize the City Clerk to file a Notice
of Completion with the Office of the County Recorder; and authorize staff to
release retention in the amount of $17,769, thirty-five (35) days after the
Notice of Completion is recorded; or
2. Do not accept Traffic Signal Improvements at Avenue 52 and Desert Club Drive
Project No.2008-02 as 100% complete; do not authorize the City Clerk to file a
Notice of Completion with the Office of the County Recorder; and do not
authorize staff to release retention in the amount of $17,769, thirty-five (35)
days after the Notice of Completion is recorded; or
3. Provide staff with alternative direction.
Respectfully submitted,
R
othy R. on
Public Works DirectorlCity Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
"1. 149
COUNCIL/RDA MEETING DATE: June 1, 2010
ITEM T►TLE: Approval of Amendment No.1 to the
Agreement with Teserra for Project No. LMC 2008-13,
Landscape Maintenance Services for Landscape &
Lighting Assessment District 89-1 and Approval of
Contract Change Order No. 3
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 1142
T
STUDY SESSION:
PUBLIC HEARING:
Approve Amendment No. 1 to the agreement with Teserra to continue services for an
additional year (July 1, 2010 through June 30, 201 1) and approve Contract Change
Order No. 3, in the amount of (decrease) $142,497, to Teserra for the Citywide
Landscape Maintenance Contract, Project No. LMC 2008-13, and authorize the City
Manager to execute the amendment and Contract Change Order No. 3.
FISCAL IMPLICATIONS:
Adequate funds for these services have been proposed in the Fiscal Year 2010-201 1
budget, Account No. 101-7004-431-34-04.
CHARTER CITY IMPLICATIONS:
This project is funded by the Landscape and Lighting Assessment District 89-1 Fund
and the General Fund. Therefore, because of the city's status as a charter city, the
City is not mandated to pay prevailing wage rates.
BACKGROUND AND OVERVIEW:
On April 21, 2009 the City Council awarded a contract to Teserra for the Citywide
Landscape Maintenance Contract, Project No. 2008-13, in the amount of $589,756.
The citywide landscape maintenance program provides for weekly maintenance of all
landscape areas located within the City's medians and perimeter landscape. The
contract duration was for one (1) year with up to four (4) one-year extensions
.41 150
renewable at the beginning of each fiscal year through Fiscal Year 2013-2014. The
contract may be terminated by the City with thirty (30) day notice to the contractor.
Staff believes the contractor has performed satisfactorily this year and therefore
recommends a one year extension as defined in Agreement No. 1 (Attachment 1) to
the agreement extending the term for one additional year, from July 1, 2010 through
June 30, 2011, in the amount of $451,358.68. In addition, language has been added
to Amendment No. 1 to update the insurance language as recommended by the
California Joint Powers Insurance Authority (CJPIA).
The existing Contract Agreement expires on June 30, 2010 (Attachment 2). Section
A, Terms of Agreement, allows the City and the Contractor to extend the terms of the
agreement as may be agreed between the two parties.
The Bear Creek Pedestrian Trail (Fred Wolff Bike Path), and Fred Wolff Nature
Preserve, which is adjacent to the trail, are maintained by two contractors -Teserra
maintains the trail while the parks maintenance contractor maintains the nature
preserve. The same situation occurs at the Seasons Retention Basin and Seasons Park
where Teserra currently maintains the basin while the parks maintenance contractor
maintains the park. Staff believes a single contract for these facilities would provide
better overall maintenance and, therefore, recommends removing the Bear Creek
Pedestrian Trail and Seasons Retention Basin from the Citywide Landscape
Maintenance Contract and adding them to the Park Landscape Maintenance Services
contract. The addition of the Bear Creek Pedestrian Trail and Seasons Retention Basin
into the Park Landscape Maintenance Service contract will allow the properties to be
maintained by the same contractor.
Attachment 3 is the proposed Contract Change Order No. 3 in the amount of
($142,497) decrease. This Contract Change Order removes the Bear Creek
Pedestrian/Fred Wolff Bike Path and Seasons Retention Basin/Seasons Park landscape
maintenance from the Citywide Landscape Maintenance contract, and moves it to the
Park Landscape Maintenance Services contract.
A summary of all contract changes orders are as follows:
Original Contract
Amount
5589, 756
Contract Change
Add Jefferson Street median from Highway 111
$ 1, 716
Order No. 1
to Westward Ho Drive
Contract Change
Add Highway 111 median from Cliff house to
$ 2,383.68
Order No. 2
Plaza La Quinta
Add Avenue 52 median from El Dorado Drive to
Hideaway Club Drive
6• 151
Contract Change
Delete Bear Creek Pedestrian/ Fred Wolff Bike
(S142,497)
Order No. 3
Trail and Seasons Retention Basin
Total Revised
5451,358.68
Contract Amount
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve Amendment No. 1 to the Agreement with Teserra to continue
services for an additional year (July 1, 2010 through June 30, 201 1) and
approve Contract Change Order No 3, in the amount of (decrease)
$142,497, to Teserra for the Citywide Landscape Maintenance Contract,
Project No. LMC 2008-13 and authorize the City Manager to execute the
agreement and contract change, or
2. Do not approve Amendment No. 1 to the; Agreement with Teserra to
continue services for an additional year (July 1, 2010 through June 30,
201 1) and do not approve Contract Change Order No 3, in the amount of
(decrease) $142,497, to Teserra for the Citywide Landscape Maintenance
Contract, Project No. LMC 2008-13 and do riot authorize the City Manager
to execute the agreement and contract change, or
3. Provide staff with alternative direction.
Respectfully submitted,
4imothy R J nass P.E.
Public Works Direc or/City Engineer
Approved for submission by:
K'-x Z-�"o �•
Thomas P. Genovese, City Manager
Attachments: 1. Amendment No. 1 to Agreement with Teserra
2. Existing Agreement with Teserra
3. Contract Change Order No. 3
eo., 15
ATTACHMENT
AMENDMENT NO. 1 TO AGREEMENT WITH
TESERRA FOR PROJECT NO. LMC 2008-13, LANDSCAPE MAINTENANCE
SERVICES FOR LANDSCAPE & LIGHTING DISTRICT 89-1
THIS AMENDMENT NO. 1 TO THE AGREEMENT WITH TESERRA FOR
PROJECT NO. LMC 2008-13, LANDSCAPE MAINTENANCE SERVICES FOR
LANDSCAPE & LIGHTING DISTRICT 89-1 ("Amendment No. 1") is made and entered
into as of the day of , 2010 ("Effective Date"), by and between the
CITY OF LA QUINTA, ("City"), a California municipal corporation, and Teserra
("Contractor').
RECITALS
A. On or about April 21, 2009, the City and Contractor entered into an
Agreement for Project No. LMC 2008-13 Landscape Maintenance Services for
Landscape & Lighting District 89-1. The term of this original agreement expires June
30, 2010. ,
B. Pursuant to Section A Terms of Agreement of the original Agreement, the
City and Contractor may extend the term of the agreement upon mutual agreement by
both parties.
C. Contractor and City now wish to amend the original Agreement to extend
the term for one (1) additional year; and update Section 1340 Liability and Insurance
Requirements.
AMENDMENT:
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency and
receipt of which are hereby acknowledged, the parties hereto agree as follows:
As provided in Section A of the existing Agreement, the City and Contractor have
agreed to extend the term of the agreement for one (1) additional year,
commencing July 1, 2010 through June 30, 2011.
Section 1340 Liability and Insurance Requirements of the original Agreement is
replaced, in its entirety, with the following:
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
„„ 153
1.0 INDEMNIFICATION
To the full extent permitted by law, Contractor shall defend, indemnify, and hold
harmless City, its employees, agents and officials, from any liability, claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, actual attorney fees incurred by City, court costs, interest, defense
costs including expert witness fees and any other costs or expenses of any kind
whatsoever incurred in relation to, as a consequence of or arising out of or in any
way attributable in whole or in part to the performance of this agreement. All
obligations under this provision are to be paid by Contractor as the City incurs
them.
Without affecting the rights of City under any provision of this agreement or this
section, Contractor shall not be required to indemnify and hold harmless City as
set forth above for liability attributable to the sole fault of City, provided such sole
fault is determined by agreement between the parties or the findings of a court of
competent jurisdiction. This exception will apply only in instances where the City
is shown to have been solely at fault and not in instances where Contractor is
solely or partially at fault or in instances where City's fault accounts for only a
percentage of the liability involved. In those instances, the obligation of
Contractor will be all-inclusive and City will be indemnified for all liability incurred,
even though a percentage of the liability is attributable to conduct of the City.
Contractor acknowledges that its obligation pursuant to this section
extends to liability attributable to City, if that liability is less than the sole
fault of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every
subcontractor, sub tier contractor or any other person or entity involved by, for,
with or on behalf of Contractor in the performance of this agreement. In the
event Contractor fails to obtain such indemnity obligations from others as
required here, Contractor agrees to be fully responsible according to the terms of
this section.
Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend City as set forth herein is
binding on the successors, assigns or heirs of Contractor and shall survive the
termination of this agreement or this section.
2.0 INSURANCE REQUIREMENTS
2.1 General
«e 154
Contractor shall, at its own expense, provide insurance as described herein and ensure
that all Subcontractors provide insurance as described herein. All insurance is to be
placed with insurers authorized to do business in the State of California with an A.M.
Best and Company rating level of A- or better, Class VI or better, or as otherwise
approved by City.
Insurance shall include the following (or broader) coverage:
1. Insurance Services Office "Commercial General Liability" coverage
"occurrence" form CG 00 01 or its equivalent with an edition date prior to
2004 and with minimum limits of Two Million Dollars ($2,000,000) per
occurrence for all covered losses and no less than Four Million Dollars
($4,000,000) in the aggregate.
2. Insurance Services Office form number CA 0001 or equivalent covering
Automobile Liability, including hired and non -owned automobile liability
with a minimum limit of $1,000,000 per accident. If Contractor owns no
vehicles, this requirement may be satisfied by a non -owned and hired auto
endorsement to CONTRACTOR'S commercial general liability policy.
3. Workers' Compensation insurance complying with California workers'
compensation laws, including statutory limits for workers' compensation
and an Employer's Liability limit of $1,000,000 per accident or disease.
4. Contractor's pollution liability insurance shall be written on a form
acceptable to City providing coverage for liability arising out of sudden,
accidental and gradual pollution. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. All activities contemplated in
this agreement shall be specifically scheduled on the policy as "covered
operations." The policy shall provide coverage for the hauling of waste
from the project site to the final disposal location, including non -owned
disposal sites. Products/completed operations coverage shall extend a
minimum of 3 years after project completion. Coverage shall be included
on behalf of the insured for covered claims arising out of the actions of
independent contractors. If the insured is using subcontractors the policy
must include work performed "by or on behalf' of the insured. Policy shall
contain no language that would invalidate ore remove the insurer's duty to
defend or indemnify for claims or suits expressly excluded from coverage.
Policy shall specifically provide for a duty to defend on the part of the
insurer.
Liability insurance policies required to be provided by CONTRACTOR hereunder shall
contain or be endorsed to contain the following provisions:
1. City, its employees, officials, agents and member agencies shall be
covered as additional insureds. Coverage shall apply to any and all
.04 15 )
liability arising out of the Work or related to the Contract. Additional
insured status under the general liability requirement shall be provided on
Insurance Services Office Form CG 20 '10 with an edition date prior to
2004, or its equivalent. Additional insured status for completed operations
shall be provided either in the additional insured form or through another
endorsement such as CG 20 37 with an edition date prior to 2004.
2. General and automobile liability insurance shall apply separately to each
insured against whom a claim is made or suit is brought, except with
respect to the limits of the insurer's liability. Coverage will not be limited to
City's vicarious liability.
3. Liability coverage shall be primary and non-contributing with any
insurance maintained by City.
4. Evidence of coverage (including the workers' compensation and
employer's liability policies) shall provide that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except
after 30 days' prior written notice has been given to City. Such provision
shall not include any limitation of liability of the insurer for failure to provide
such notice.
5. No liability insurance coverage provided to comply with this Agreement
shall prohibit Contractor, or Contractor's employees, or agents, from
waiving the right of recovery prior to a loss. Contractor waives its right of
recovery against City.
6. Contractor agrees to deposit with City within fifteen days of Notice to
Proceed of the Contract certificates of insurance and required
endorsements.
7. There shall be no recourse against City for payment of premiums or other
amounts with respect to the insurance required to be provided by
CONTRACTOR hereunder. Any failure, actual or alleged, on the part of
City to monitor compliance with these requirements will not be deemed as
a waiver of any rights on the part of City. City has no additional
obligations by virtue of requiring the insurance set forth herein. In the
event any policy of insurance required under this Agreement does not
comply with these requirements or is canceled and not replaced, City has
the right but not the duty to obtain the insurance it deems necessary and
any premium paid by the City will be promptly reimbursed by Contractor or
City will withhold amounts sufficient to pay premium from contractor
payments.
8. Contractor agrees to provide immediate notice to City of any claim or loss
against Contractor arising out of the work performed under this
w, 156
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.
2.2 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms
and conditions and/or reduction in the coverage of any nature to the insurance policies.
The notice shall be sent to:
Thomas P. Genovese, City Manager
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247
IN WITNESS WHEREOF, the City and Contractor have executed this Amendment
No. 1 to the Agreement with Teserra for Project No. LMC 2008-13 Landscape
Maintenance Services for Landscape & Lighting District 89-1 on the respective dates
set forth below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager Date
ATTEST:
Veronica J. Montecino, CMC, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
0.. 157
�.- Name: - MAIL
Title:.Q \
Dater
Teserra
PO Box 1280
86-100 Avenue 54
Coachella, CA 92236
158
ATTACHMENT 2
THIS AGREEMENT, made and entered into this 30 day of April , 2009, by and
between the CITY OF LA QUINTA, CALIFORNIA, a Municipal Corporation, hereinafter
designated as "CITY" and "} hereinafter referred to as "CONTRACTOR".
WITNESSETW
WHEREAS, on April 10, 2009, CITY invited bids for landscape maintenance services for
CITY maintained properties per specifications; and
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid, which was
accepted by CITY for said services.
NOW, THEREFORE, ' in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
A. TERMS OF AGREEMENT: This Agreement shall be from the date this Agreement is
made and entered, as first written above, until June 30, 2010, or such later date as
may be agreed between parties.
B. CITY'S OBLIGATIONS: For furnishing services, as specified in this Agreement, CITY
will pay and CONTRACTOR shall receive in full'compgnsation, therefore, the total sum
of ' Five Hundred Eighty Nine Thousand Seven Hundred Fifty Six Dollars and No
Cents,
(8589,756.00), as required in the bid documents and adopted by the CITY.
C. CONTRACTOR'S OBLIGATIONS: For, and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by CITY,
CONTRACTOR agrees with CITY to furnish the services and to do everything required
by this Agreement and the said specifications.
D. Indemnification. Contractor shall defend, indemnify and hold harmless City, its
officers, employees, representatives and agents ("Indemnified Parties"), from and
against those actions, suits, proceedings, claims, demands, losses, costs, and
expenses, including legal costs and attorneys' fees, arising out of any liability or claim
for liability, for injury to or death of person(s), for damage to property (including
property owned by City) and for errors and omissions committed by Contractor, its
officers, employees representatives, and agents, which arise out of acts or activities of
Contractor's or Contractor's Officers, employees, agents or representatives ( "Claims"),
whether or not such act or activity is authorized by this Agreement, except to the
extent of such loss as may be caused by City's own negligence or that of its officers or
employees. In the event the Indemnified Parties are made a party to any action,
lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor
shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the
Indemnified Parties their costs of defense, including reasonable attorneys' fees,
incurred in defense of such Claims. In addition, Contractor shall be obligated to
N.. 159
promptly pay any final judgment or portion thereof rendered against the Indemnified
Parities.
E. AMENDMENTS: Any amendment, modifications, or variation from the terms of this
Agreement shall be in writing. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
F. TERMINATION: If, during the term of this Agreement, CITY determines that
CONTRACTOR is not faithfully abiding by any term or conditions contained herein,
CITY may notify CONTRACTOR in writing of such defect or failure to perform; which
notice must give CONTRACTOR a ten-day notice of time thereafter in which to perform
-said work or cure the deficiency. If CONTRACTOR has not performed the work or
cured the deficiency within the ten (10) days specified in the notice, such shall
constitute a break of this Agreement and CITY may terminate this Agreement
immediately by written notice to CONTRACTOR to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under this
Agreement except, however, any and all obligations of CONTRACTOR'S surety shall
remain in full force and effect, and shall not be extinguished, reduced, or in any manner
waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the
reasonable value of its services performed from the beginning of the period in which
the breach occurs up to the day it received CITY'S Notice of Termination, minus any
offset from such payment representing the CITY'S damages from such breach. CITY
reserves the right to delay any such payment until completion of confirmed
abandonment of the project, as may be determined at the CITY'S sole discretion, so as
to permit a full and complete accounting of costs. In no event, however, shall
CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid.
G. INCORPORATION BY REFERENCE: The Notice Inviting Bids, the General Bid Terms and
Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and the Bid
Specifications, are hereby incorporated in and made a part of this Agreement.
H. COMPLETE AGREEMENT: This written Agreement, including all writings specifically
incorporated hereby in reference, shall constitute the complete agreement between the
parties hereto. No oral agreement, understanding, or representation not reduced to
writing and specifically incorporated herein shall be or any force or effect, nor shall any
such oral agreement, understanding, or representation be binding upon the parties
hereto.
ANTI -DISCRIMINATION: In the performance of the terms of this Agreement,
CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it
may employ, to engage in discrimination in employment of persons because of age,
race, color, sex, national origin or ancestry, or religion of such persons. Violation of
this provision may result in the imposition of penalties referred to in Labor Code
Section 1735.
J. AUDIT: CITY shall have the option of inspection and/or auditing all records and other
written materials used by CONTRACTOR in preparing its statements to CITY as a
condition precedent to any payment to CONTRACTOR.
K. NOTICE: All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows: 160
CITY: Office of the City Clerk
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247-1504
CONTRACTOR: Mr. Jim Harebottle, President/CEO
TESERRA
P.O. Box 1280, Coachella, CA 92236
L. LITIGATION COSTS: In the event an action is filed by either party to enforce any rights
or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable
attorney's fees and court costs, in addition to any other relief granted by the court.
M. AUTHORITY TO EXECUTE AGREEMENT: Both CITY and CONTRACTOR do covenant
that each individual executing this Agreement on behalf of each party is a person duly
authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
"CITY"
Dated: 6/2%1.�!
eronica J. X feciiio;.CMC, City Cierk
APPROVED AS TO FARM:
�dAtyttorney
CITY OF LA QUINTA,
a California municipDal corporation
BylN2M
Thomas,: Genovese, City Manager
j?
Dated: % ZUUcj'
"CONTRACTOR"
l J�'
Dated: �' l ( By:. p
Name: 6 (-- i
/)U7 Z
„; 161
Dated: j
Title: V JCAE PAS.
By: 1 G
Name: n
Title:
"CONTRACTOR"
(If corporation,
". 162
f.,
�4
CF'y OF
CONTRACT:L.M.C.2009/2010, ProjectNo..2008-13
Page 1 of 2
CONTRACTOR: TESERRA
CONTRACT CHANGE ORDER NO. 1
*A
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes
or do the following described work not included in the plans and specifications for this Contact. Unless otherwise
stated all work shall conform to the terms, general conditions, and special provisions of the original Contract.
#" DESCRIPTION OF CHANGE: Addition of Landscape Maintenance
Turf A$.1008lsf Planter taa.$.108/sf 1rrieationRM024 Annual Monthly
Jefferson St. median 0 13,000 SF = $1404.00 13,000 SF = $312.00 $1,716.00 $143.00
(Hwy I I 1 to Westward Ho) -
See the attached sheet for the number of trees. All other requirement of the Landscape Maintenance Contract (LMC)
Project No. 2008-13 shall apply.
Total Contract Compensation for this Contract Change Order is in the amount of.. $ 1,716.00
Previous Contract Amount through Contract Change Order No. 0 $589,756.00
Add this Change Order $ 1,716.00
Revised Contract Total $591,472.00
.r............................................................................
Submitted By: C _ Date:
Approved By: / _ Date. 4-2 Z g
,.............. ............................................................
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this
proposal is approved that we will provide all equipment, furnish all materials, perform all labor, except as may be
noted above, and perform all services necessary to complete the above specified work and hereby accept as fell
payment the amounts wn abov�e,// /
Accepted By: i, � / �,._�d...... Title: V l (,f
Contractor: J TESERRA Date: i%
163
ATTACHMENT 3
/ T
ok Tit,, 4 4 aka
E`y of T1'9w
CONTRACT:L.M.C. 2009/2010, Project No. 2008-13
Page i of 1
CONTRACTOR: TESERRA
CONTRACT CHANGE ORDER NO. 3
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes
or do the following described work not included in the plans and specifications for this Contract. Unless otherwise
stated all work shall conform to the terms, general conditions, and special provisions of the original dontract.
** DESCRIPTION OF CHANGE: Deletion of Landscape Maintenance
Turf (a) $.1008/sf Planter a(),, $.108/sf Irrigation 6i,$.024 Annual Monthly
Bear creek Pedestrian/ 0 873,606 SF = $94,349. 873,606 SF = $20,967 $115,316 $9,609.
Fred Wolf Bike Trail
Seasons Retention Basin 217,800 SF=$21,954 0 217,800 SF = $ 5,227 $ 27,181 $2,265.
All other requirement of the Landscape Maintenance Contract (LMC) Project No. 2008-13 shall apply.
Total Contract Compensation for this Contract Change Order is in the amount of: DECREASE ($142,497)
******k***k****************k****************************k****#**kkkk*************************k*
**
Previous Contract Amount through Contract Change Order No. 2 $593,855.68
Add this Change Order $(142.497.00)
Revised Contract Total S451,358.68
i••................................................................. .• ....
Submitted By: 3� �7 Date:
_
Approved By: Date:
1..............................................................................
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this
proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be
noted above, and perfopna
1 services necessary to complete the above specified work, and hereby accept as full
payment the amount sho P
Accepted By: Title: V
Contractor: TESERRA Date: Z-0 Lb-
0- 164
C&t�t.4 4 a"
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Approve the AB 2766 Memorandum of
Understanding Between the Coachella Valley
Association of Governments and the City of La Quinta
Increasing Contributions from Cities
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the AB 2766 Memorandum of Understanding (MOU) between the Coachella
Valley Association of Governments (CVAG) and the City of La Quinta (City) increasing
contributions from cities.
FISCAL IMPLICATIONS:
The Fiscal Year 2010-201 1 Budget includes an increase in the AB 2766 Appropriation
from $26,600 to $48,900 due to CVAG requesting additional funds for the regional
street sweeping program.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
AB 2766, which was established to protect public health from vehicle emissions, was
signed into law in September 1990. This Bill authorizes a motor vehicle registration
fee surcharge to fund the implementation of programs designed to reduce air pollution
from motor vehicles and to implement the California Clean Air Act of 1988. These
funds are collected by the Department of Motor Vehicles and are sent to the South
Coast Air Quality Management District, which then disburses the AB 2766 revenues to
local governments quarterly, based on an established formula.
CVAG administers a Regional PM10 Street Sweeping Program (Regional Program),
which targets emission reductions from one of the largest PM 10 source categories
165
and is an important part of this region's comprehensive efforts to meet the
requirements of the Coachella Valley's State Implementation Plan for PM 10. The
Program is intended to mitigate blow sand and its resultant PM 10 through routine
street sweeping. The Regional Program sweeps the major arterials and medians in the
Coachella Valley removing visible roadway dust from these roadway segments. As of
June 1, 2010 CVAG's contract with Clean Streets was revised from weekly sweeping
to every other week sweeping of the City's arterial streets. All other streets in the City
are swept weekly under a combination of contract and City street sweepers.
With funding sources depleted, CVAG is trying to establish a sustainable funding
source to show the Valley's commitment to PM 10 reduction. CVAG's MOU
(Attachment No. 1) proposes to increase the cities contributions to the Regional PM 10
Street Sweeping Program by increasing their pass through of AB 2766 funds from 45
percent to 100 percent, or provide an in -lieu contribution from other sources in a like
amount in order to obtain matching funds from the South Coast Air Quality
Management District. The 100 percent commitment is for up to one year or upon
receiving a commitment of matching funds at which time the commitment would be
re -calculated and reconsidered. Any city/county not providing 100 percent would
receive a like reduction in regional street sweeping.
At their April 26, 2010 meeting, the Executive Committee approved a modification of
CVAG's AB 2766 formula from 45% to 100% to provide sustainable funding of the
Regional Program. This would require an increase in the City's contribution to the
Regional Program from $26,600 to $48,900 for up to one year.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the AB 2766 MOU between CVAG and the City increasing
contributions from cities; or
2. Do not approve the AB 2766 MOU between CVAG and the City increasing
contributions from cities; or
3. Provide staff with alternative direction.
Respectfully submitted,
�
Bret M. Plumlee
Assistant City Manager — Management Services
a.. 166
Approved for submission by:
Thomas f'. Genovese, City Manager
Attachment: 1. AB 2766 MOU between CVAG and member jurisdictions
„. 167
ATTACHMENT 1
AB2766 MEMORANDUM OF UNDERSTANDING
BETWEEN
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
JULY 1, 2010
This Memorandum of Understanding (MOU) is made and entered into by and between the
Coachella Valley Association of Governments (CVAG) and The
purpose of this MOU is to document the parties' understanding of and responsibilities for the
allocation of the funds received by from revenues derived from the
AB2766 Motor Vehicle Registration Fee Assessments program to CVAG for the Coachella Valley
Regional PM10 Street Sweeping Program and other air quality programs.
BACKGROUND
On -road motor vehicles, including cars, trucks and buses make up the most significant courses of
air pollution in the South Coast Air Basin. Vehicle emissions contribute to unhealthful levels of
ozone, toxic air contaminants and particulate matterfrom diesel exhaust. To protect public health.,
Assembly Bill 2766 was signed into law in September 1990. The Bill authorizes a motor vehicle
registration fee surcharge to fund the implementation of programs designed to reduce air pollution
from motor vehicles and to implement the California Clean Air Act of 1988. These funds are
collected by the Department of Motor Vehicles and subvened to the South Coast Air Quality
Management District (AQMD) which then disburses the AB2766 revenues to local governments
quarterly based on an established formula.
PM10 air quality, unlike ozone -related pollution that is primarily transported to the Coachella
Valley, is more directly related to local sources of pollution (e.g., paved road dust). The Regional
PM10 Street Sweeping Program targets emission reductions from one of the largest PM10 source
categories and is an important part of this region's comprehensive efforts to meet the
requirements of the Coachella Valleys State Implementation Plan (CVSIP) for PM10. The
Program is intended to mitigate blow sand and its resultant PM10 through routine street
sweeping.
Using alternative fuel sweepers and other alternative fuel equipment, the Regional Program
sweeps the major arterials and medians in the Coachella Valley removing visible roadway dust
from these roadway segments. Existing control measures, such as this Program, play a
significant role in reducing PM10 in the Coachella Valley. With funding sources depleted, a
sustainable funding source must be established to show the Valley's commitment. A
discontinuation of this Program could have serious implications on the Coachella Valley's PM10
attainment effort and current Redesignation Request to the Environmental Protection Agency.
At their April 26, 2010 meeting, the Executive Committee approved a modification of CVAG's
AB2766 formula from 45% to 100% to provide sustainable funding of the Regional PM10 Street
Sweeping Program for up to one year or upon receiving a commitment of matching funds, at
which time the commitment would be re -calculated and reconsidered.
g Attachment'!
A6ii66 MOU APR A W "�
163
RESTRICTIONS
The funds accruing to CVAG from this MOU are designated for the operations of the Regional
PM10 Street Sweeping Program. The funds will also be used for the regional administration of
the Regional PM10 Street Sweeping Program and consultants relative to the Regional Program
and other PM10 categories, preparation of grant applications, adherence to grant requirements
such as quantifying emission benefits, etc.
CURRENTPROCEDURE
In 1991 each CVAG jurisdiction passed an ordinance adopting the AB2766 Program, setting up a
separate account from which to disburse and subsequently monitor and audit these revenues.
Revenues are distributed quarterly by the SCAQMD, based on each jurisdiction's proportionate
number of registered motor vehicles. Effective July 1, 2010, and for each quarter thereafter, the
City of shall forward an amount equal to 100% of AB2766
revenues to CVAG. CVAG shall likewise deposit all monies received as a result of this MOU in a
separate account.
Local agencies will be notified of any changes in this procedure and this MOU will be amended
accordingly to reflect such changes.
CANCELLATION CLAUSE
This MOU shall continue in effect until or unless the AB2766 Motor Vehicle Registration Fee
Assessments program is discontinued, or the Coachella Valley Regional PM10 Street Sweeping
Program or CVAG's administration of its air quality programs shall be discontinued or CVAG for
whatever reason, is dissolved or otherwise disbanded, or according to CVAG Executive
Committee action of April 26, 2010: The 100% AB2766 commitment is for up to one year or upon
receiving a commitment of matching funds, at which time the commitment would be re -calculated
and reconsidered, whichever shall occur sooner.
EXHIBIT A: Increase in current formula to jurisdictions
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
By:
Title: Chairman
Date:
CITY OF
By:
Title:
Date:
p.. 169
AB2766 MOU APR AW
a _ 4
PQajarC4V
F
`y OF'Lt1F'
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Approval of the Plans, Specifications and
Engineer's Estimate of Probable Construction Costs
and Authorization to Advertise for Bid, the Seasons
Dog Park Improvements, Project Number 2009-05
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the plans, specifications and engineer's estimate (PS&E) and authorize
staff to advertise the Seasons Dog Park Improvements, Project Number 2009-05
for bid.
FISCAL IMPLICATIONS:
The following is the approved funding and funding sources:
Quimby $200,000
Total Funding Available: $200,000
The following is the approved project budget:
Design:
$19,980
Inspection/Testing/Survey:
$14,472
Construction:
$148,423
City Administration
$7,421
Contingency:
$9,704
Total:
$ 200,000
As illustrated above, there is adequate funding.
Nd 170
CHARTER CITY IMPLICATIONS:
The project is funded with Quimby funding. As such, the project will be bid as a
non -prevailing wage improvement.
BACKGROUND AND OVERVIEW:
Seasons Park is located north and east of Cloud View Way and Desert Fall Way
(Attachment 1) and consists of turf, trees and a small playground area. The City
intends to install separate areas for small and large dogs within the existing park.
The City commissioned a concept design study to develop alternatives for the
construction of the dog park areas. The plan includes a new, lighted entry ramp
from Cloud View Drive, separate entries to the large clog and small dog park areas,
shade structures and site furnishings (drinking fountains for humans and dogs,
trash receptacles, etc.), low-level landscape lighting, and perimeter fencing.
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
Seasons Park 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 PS&E for
the Seasons Park Improvements, Project No. 2009-05, and appointed a consultant
selection committee.
On August 18, 2009, the City received twelve (12) proposals for design of the
Seasons Park Improvements.
On October 6, 2009, the City Council approved a PSA, in the amount of $19,980,
with Hermann Design Group, Inc. to prepare the PS&E for the Seasons Park
Improvements, Project No. 2009-05 and authorized the City Manager to execute
the same.
The plans and specifications are now approximately 95% complete and available at
the Public Works Department for review.
Contingent upon City Council approval of the PS&E on June 15, 2010, the
following is the project schedule:
City Council Approves PS&E
Advertise the Project for Construction
Construction (60 Working Days)
Accept Improvements
FINDINGS AND ALTERNATIVES:
June 15, 2010
June 24, 2010
August 2010 — December 2010
January 2011
The alternatives available to the City Council include:
1. Approve the PS&E, and authorize staff to advertise the Seasons Dog Park
Improvements, Project Number 2009-05 for bid,; or
2. Do not approve the PS&E, and do not authorize staff to advertise the
Seasons Dog Park Improvements, Project Number 2009-05 for bid; or
3. Provide staff with alternative direction.
Respectfully submitted,
n
Tii othy R. ona s n, P.E.
ublic Wor s Dir for/City Engineer
Attachment: 1. Vicinity Map
Approved for submission by:
Thomas P. Genovese, City Manager
�.. 172
T4hf 4 4 a"
COUNCIL/RDA MEETING DATE: ,tune 15, 2010
ITEM TITLE: Adoption of a Resolution Approving the.
Subordination of Riverside County Redevelopment
Agency Statutory Pass -Through Payments to the City of
La Quinta
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 2
STUDY SESSION:
LZIMNIGIIIll9I►E"
Adopt a Resolution approving the subordination of Riverside County Redevelopment
Agency, Desert Communities Redevelopment Project Area Statutory Pass -Through
Payments to the City of La Quinta.
FISCAL IMPLICATIONS:
For Fiscal Year 2009-2010, the City budget anticipates revenues of $274,069 in
Statutory Pass -Through Payments from the Riverside County Desert Communities
Redevelopment Project Area. However, the City will not have an exact figure until the
County distributes its final supplemental tax payment in late August 2010. Based on
review of the County's fiscal reports, it is anticipated the County RDA will generate
sufficient tax increment revenues to cover both the bond debt service and statutory
pass -through payments.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Riverside County Redevelopment Agency ("County RDA") is planning to issue
bonds for its Desert Communities Redevelopment Project Area prior to the end of
calendar year 2010. The bonds will be secured by tax increment revenues generated
in the project area. Pursuant to Health and Safety Code Section 33607.5, a
redevelopment agency may, with the taxing entity's approval, subordinate Statutory
Pass -Through Payments to bonds issued by the redevelopment agency for the same
w. 174
project area. This improves the credit position of the bonds and potentially increases
the revenue stream for financing the bonds. In addition, the taxing entity has 45 days
to respond to the redevelopment agency's request. The County RDA has made this
request of the City of La Quinta (Attachment 1) in connection with the Desert
Communities Redevelopment Project Area; Thermal Sub -Area. A map of the project
area and sub -area are included as Attachment 2. The City's response is due to the
County RDA on June 28, 2010.
The above -listed Code Section states that the request can only be denied by the taxing
entity (e.g., the City) if that entity finds, based on substantial evidence, that the
redevelopment agency will not be able to pay the debt service payments and the
amount required to be paid to the taxing entity. The, County RDA has presented a
Fiscal Analysis to the City, which has been reviewed by the City's Redevelopment
Consultant ("RSG"1. RSG has determined that the Desert Communities Redevelopment
Project Area should have sufficient funds to cover both the Statutory Pass -Through
Payments and the bond debt service throughout the term of the project area, which
ends in year 2045. Therefore, staff is recommending the City Council approve the
County's request and adopt the attached resolution.
A listing of the proposed projects to be funded by this bond issue is included as
Attachment 3.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution approving the subordination of Riverside County
Redevelopment Agency, Desert Communities Redevelopment Project Area
Statutory Pass -Through Payments to the City of La Quinta; or
2. Do not adopt a Resolution approving the subordination of Riverside County
Redevelopment Agency, Desert Communities Redevelopment Project Area
Statutory Pass -Through Payments to the City of La Quinta; or
3. Provide staff with alternative direction.
Respectfully submitted,
JL6�7,,4'�
Douglas R. Gans,
Assistant City Manager — Development Services
h• 173
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Letter from County of Riverside dated May 10, 2010
2. Map of County Project Area
3. Listing of Potential Projects for Bond Issue
�. 176
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE
SUBORDINATION OF STATUTORY PASS -THROUGH
PAYMENTS ALLOCATED TO THE CITY OF LA QUINTA
IN CONNECTION WITH THE DESERT" COMMUNITIES
REDEVELOPMENT PROJECT AREA TO THE COUNTY OF
RIVERSIDE REVELOPMENT AGENCY'S PAYMENT
OBLIGATIONS FOR ITS TAX ALLOCATION BOND ISSUE
2010A AND 2010E
WHEREAS, California Health and Safety Code Section 33607.5(e) provides
that a redevelopment agency may, with a taxing entity's approval, subordinate
amounts payable from tax increments of a redevelopment project area ("Statutory
Pass -Through Payments") to bonds issued by the redevelopment agency for the
same project area; and
WHEREAS, the redevelopment agency must present the taxing entity with
substantial evidence that sufficient funds will be available to pay both the debt
service on the bonds and Statutory Pass -Through Payments; and
WHEREAS, the affected taxing entity shall approve or disapprove the
subordination request within 45 days after receipt of a redevelopment agency's
request; and
WHEREAS, the Redevelopment Agency for the County of Riverside ("County
RDA") requested, on May 10, 2010, that the City of La Quinta agree to
subordinate the Statutory Pass -Through Payments it receives from the County
RDA's Desert Communities Redevelopment Project Area to the debt service on the
County RDA Tax Allocation Bond Issue 2010A and 2010B; and
WHEREAS, the County RDA has provided a Fiscal Report for the County
RDA Tax Allocation Bond Issue 2010A and 20106; and
WHEREAS, the City's Economic Development/Redevelopment Consultant has
reviewed the Fiscal Report, and has deemed the County RDA will have sufficient
tax increment revenues available to pay both the debt service on the County RDA
Tax Allocation Bond Issue 2010A and 2010B and the City of La Quinta's Statutory
Pass -Through Payments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
177
Resolution No. 2010-
Riverside County Subordination Request
Adopted: June 15, 2010
Page 2
Approves the subordination of Statutory Pass -Through Payments allocated to
the City of La Quinta in connection with the Desert Communities Redevelopment
Project Area to the Redevelopment Agency for the County of Riverside
Redevelopment Agency's debt service obligations for its Tax Allocation Bond Issue
2010A and 2010B.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this day of by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
DON ADOLPH, Mayor
City of La Quinta, California
«- 173
COUNTY OF RIVERSIDE
ECONOMIC DEVEIOPMEM AC.ENC
May 10, 2010
City of La Quinta
P.O. Box 1504
78-495 Calle Tampico
La Quinta, CA 92253
Finance Department
ATTACIIWNT 1
Re: Subordination Request Relating to Proposed Bond Issue for Desert Communities Redevelopment
Project Area of the Redevelopment Agency for the County of Riverside
To Whom It May Concern
I am writing to you on behalf of the Redevelopment Agency for the County of Riverside (the "Agency")
pursuant to Section 33607.5(e) of the California Health and Safety Code (the "Code"). As you are aware, the
Agency may, with a taxing entity's approval, subordinate amounts (payable from tax increments of a redevelopment
project area) that the Agency is required to pay such taxing entity pursuant to Section 33607.5 of the Code (the
"Statutory Pass -through Payments") to bonds issued by the Agency for the same project area. At this time, the
Agency is expecting to issue a new series of bonds (the "Bonds") to be secured by the Agency's tax increment
revenues from the Agency's Desert Communities Redevelopment Project Area (the "Project Area"). By this letter,
the Agency requests that the City of La Quinta agree to the subordination of Statutory Pass -through Payments that
the Agency is required to pay the City of La Quinta in connection with the Project Area to the Agency's payment
obligations for the Bonds.
The Agency is planning to issue the Bonds prior to the end of calendar year 2010. Enclosed for your review,
pursuant to Section 33607.5(2)(e) of the Code, is a tax increment revenue projection summary, which includes a
debt service coverage analysis prepared by Urban Analytics LLC (the "Fiscal Consultant"). The Fiscal Consultant's
report shows that the Agency can reasonably expect to have sufficient funds available to pay both debt service on the
Bonds and all of the Agency's Statutory Pass -through Payments owed to the various affected taxing entities for the
Project Area. Additionally, the Agency may issue additional Bonds and place the proceeds thereof in an escrow, the
earnings on which will pay the debt service on such Bonds. Such amounts will not be released for use by the
Agency until there is sufficient coverage to ensure the timely payment of debt service on the Bonds and the
sufficiency of tax increment to pay Statutory Pass -through Payments.
For the benefit of the Agency's records, please complete the attached Acknowledgement and return it
to me no later than June 28, 2010. The Agency also requests that the governing board of the City of La
Quinta take official action, by resolution or motion, to formally approve the subordination of your Statutory
Pass -through Payments to the Bonds (including the escrow Bonds).
Administration Housing Economic Development
Aviation Housing Authority Edward -Dean Museum
Business Intelligence Information Technology Environmental Planning
Cultural Services Maintenance Fair & National Date Festival
Community Services Marketing Foreign Trade
Custodial Graffiti Abatement
Parking
Project Manageilrippt 7('
Purchasing Group JJ
Real Property
Redevelopment Agency
Workforce Development
Please note that, in accordance with Section 33607.5(e)(3) of the Code, if the City of La Quinta does not
respond to the requested subordination within forty-five (45) days of this letter, the subordination will be
automatically deemed approved by the City of La Quinta and such approval shall be final and conclusive.
Furthermore, to disapprove this subordination, the City of La Quinta must find, based on substantial evidence, that
the Agency will not be able to pay the debt service on the Bonds and the Statutory Pass -through Payments that it is
required to pay the City of La Quinta.
Thank you in advance for your cooperation in this matter. If you have any questions regarding this matter,
please do not hesitate to contact me at (951) 955-3109.
Sincerely,
Redevelopment Agency for the County
of Riverside
Lva4kt_�
Rohini Dasika
Principal Development Specialist
Encl's.
1o'.. 180
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DCPA
ATTACHMENT 3
POTENTIAL PROJECTS FOR NEW BON[) ISSUE
Bermuda Dunes
Sewer Project
$
(Colby/Anna)
Street Beautification Project
$
4,000,000
500,000
Thermal
Taxiway Alpha and Runway Overlay Project @ 1CRA
$
150,000
Ultimate Runway Extension @1CRA & Prop Acquisition
$
3,000,000
Thermal Airport Infrastructure Grant Match
$
2,000,000
Mecca
Mecca Senior Center
$
5,000,000
Mecca Post Office
$
4,000,000
Mecca Regional Park
$
10,000,000
Parkway Landscape Improvements
$
2,500,000
Mecca Overpass at Avenue 66
$
5,000,000
Contiribution to DACE Shopping Center Project
$
5,000,000
North Shore
Street Improvements
$
10,000,000
Vista Santa Rosa
New Fire Station
$
3,000,000
Mesa Verde
Replacement Fire Station
$
3,000,000
East Blythe
New Fire Station
$
3,000,000
Oasis, North Shore and
Mecca
Water System Improvement Project for (VWD
$
15,000,000
TOTAL POTENTIAL PROJECTS DCPA
$
75,150,000
J
Mq 183
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Adoption of a Resolution Requesting the
County of Riverside to Place Collection Costs for Solid
Waste Handling Services at Single -Family Dwellings on
the Tax Rolls
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council requesting the County of Riverside to place
collection costs for solid waste handling services at single-family dwellings on the tax
rolls.
FISCAL IMPLICATIONS:
The residential rate increase represents a Consumer Price Index (CPI) increase of
0.84% to reflect ordinary changes in the cost of doing business plus a $0.20 per ton
disposal (0.515 %) increase from July 1, 2008 thru June 30, 2010. The total increase
represents a $0.09 per month increase, for an annual cost of $141.36.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On May 15, 2007, the City adopted a Franchise Agreement with Burrtec Waste and
Recycling Services, LLC ("Contractor") for Solid Waste Handling Services for the period
of July 1, 2007 through June 30, 2016. The Franchise Agreement contemplates that
with respect to customers who contract for services at single-family dwellings, these
costs will be collected on the Tax Rolls. The County Tax Assessor requires that each
year the City Council adopt a Resolution authorizing the placement of costs for solid
waste collection services on the Tax Rolls.
Under consideration by the Council is a Resolution that will enable the County to place
184
collection for costs of solid waste handling services at single-family dwellings on the
Tax Rolls.
The Franchise Agreement does not give discretion to the City to grant increases.
Rather, to ensure costs for services associated with the Agreement are not subject to
Proposition 218, the Council no longer sets rates, and instead has only established a
rate ceiling for service pursuant to its regulatory authority. Each year an automatic
adjustment to the maximum rate ceiling for service set forth in the agreement will
occur, so long as Contractor is in compliance with the terms of the Franchise
Agreement. The application of this automatic adjustment procedure is described
below. In addition, the Franchise Agreement provides for an automatic annual
adjustment to the rate ceiling for disposal if changes occur in the cost of disposal at
the local landfill.
The City has received correspondence from Contractor requesting a CPI based charge
increase (Section 24.3-Annual Consumer Price Index Adjustments to Service
Component) for Fiscal Year 2010-2011 (Attachment 1)• The increase to the rate
ceiling is to reflect ordinary charges for doing business based upon the Consumer Price
Index. Contractor did not request a rate increase adjustment for Fiscal Year 2009. As
a result, the current requested rate increase is based on CPI changes that occurred
between March 2008 and March 2010. The CPI increase from March 2008 to March
2010 was 0.84%.
In addition, on June 8, 2010, the County of Riverside Waste Management Department
approved a tip fee rate increase at the Edom Hill Transfer Station to $39.04 per ton.
Contractor did not request a rate increase adjustment for Fiscal Year 2009. As a
result, the current requested rate increase is based on the disposal cost change that
occurred between the $38.84 per ton rate approved for July 2008 and the $39.04 per
ton rate approved for July 2010.
Section 24.4.1- Rate Guarantee, states notwithstanding any increase in the CPI no
annual increase to the maximum rates will exceed 103% of the lowest rate for "similar
services" provided to residents at Single Family Dwellings anywhere in the Coachella
Valley. Based upon information provided by Contractor, the lowest rate provided for
similar services in the Coachella Valley is that in the City of Palm Desert. The proposed
increase to the City's service component rate ceiling is within the 103% requirement
and complies with Section 24.4.1.
In as much as the City no longer sets or approves rates, the following data
demonstrating what the costs to be placed on the Tax Rolls for collection purposes will
be is provided for informational purposes only. The breakdown of the new charges for
the tax rolls is as follows:
Single -Family Dwelling
Maximum
Monthly Rate
Maximum
Yearly Rate
Service Component of Maximum Rate
$8.76
Disposal Component of Maximum Rate
$3.02
Total Rate
$11.78
$141.36
Additional Refuse Cart
$6.21
$74.52
Backyard Service
- For first refuse and first recycling
carts/containers
- For each additional cart/container
$5.86
$5.86
$70.32
$70.32
Surcharge for HOA's Desiring Monday Service
10% of Service Component
This represents a yearly increase of $1.08 ($0.09 per month) on the tax rolls for
residential collection (from $140.28 per year in Fiscal Year 2007-2008 to $141 .36 in
Fiscal Year 2010-1 1).
The Franchise Agreement contemplates different maximum rates that will apply in the
event Tax Roll billing does not occur for any reason. Should the City Council not adopt
the proposed resolution, or should Tax Roll billing cease for any reason, the Service
Component of the maximum monthly rate that may be charged by Contractor will
increase by $1.33 from $8.15 to $9.48, for a total monthly rate of $13.11.
In addition, Hilton, Farnkopf & Hobson (HF&H) Consulting has completed its review of
the Contractor's letter dated June 10, 2010, requesting a rate increase for Fiscal Year
2011 and the accompanying documentation (Attachment2). The review concluded
that the regular CPI and disposal cost adjustments are warranted. Burrtec did not
request a rate adjustment in 2009 because rates would have decreased. Therefore, the
calculated adjustments in this report are based on the cost component changes
beginning in 2008 and ending 2010.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council requesting the County of Riverside to
�,. 186
place collection costs for solid waste handling services at single-family dwellings
on tax rolls; or
2. Do not adopt a Resolution of the City Council requesting the County of Riverside
to place collection costs for solid waste handling services at single-family
dwellings on the tax rolls; or
3. Provide staff with alternative direction.
Respectfully submitted,
Bret M. Plumlee
Assistant City Manager - Management Services
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Burrtec Waste and Recycling, LLC letter dated
May 14, 2010
2. HF&H Consultants, LLC Report
�... 187
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, REQUESTING
THE COUNTY OF RIVERSIDE TO PLACE
COLLECTION OF COSTS FOR SOLID WASTE
HANDLING SERVICES AT SINGLE FAMILY
DWELLINGS ON THE TAX ROLLS.
WHEREAS, the City Council of the City of La Quinta (City) wishes to
ensure the uniform collection of rates for solid waste handling services at single
family dwellings by placing collection thereof on the County of Riverside Tax
Assessor's Tax Rolls; and
WHEREAS, the attached Exhibit A sets forth the maximum rates that
may be collected for solid waste handling services at single family dwellings in City
pursuant to a franchise agreement with an Effective Date of July 1, 2007, entitled
"Agreement Between The City of La Quinta and Burrtec Waste and Recycling
Services, LLC, for Solid Waste Handling Services"; and
WHEREAS, the City Council of City has determined that applicable
provisions, if any, of the provisions of Proposition 218 (Articles XIII C and XIII D of
the California Constitution) have been satisfied in connection with the matters
addressed by this Resolution; and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED
by the City Council of the City of La Quinta, California as follows:
SECTION 1. The City Council hereby requests the Riverside County Tax
Assessor to place collection of costs for solid waste handling services at single
family dwellings in the City on the County's tax rolls.
PASSED, APPROVED and ADOPTED at a regular meeting of the
La Quinta City Council held on this 15th day of June, 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
«.. 188
City Council Resolution No. 2010-
Residential Waste Fee Schedule
Adopted: June 15, 2010
Page 2
ATTEST:
VERONICA MONTECINO, City Clerk
City of La Quinta, California
4 Ole1:m 1102101 :i ib A
PATRICK MUNOZ, City Attorney
City of La Quinta, California
DON ADOLPH, Mayor
City of La Quinta, California
�. 189
City Council Resolution No. 2010-_
Residential Waste Fee Schedule
Adopted: June 15, 2010
Page 3
EXHIBIT A
CITY OF LA QUINTA
REFUSE COLLECTION RATE AND DISPOSAL CHARGE,
TAX BILLING FY 10/11- RESIDENTIAL PROPERTY
Single -Family Dwelling
Maximum
Maximum
Monthly
Yearly
Rate
Rate
Service Component of Maximum Rate
$8.76
Disposal Component of Maximum
$3.02
Rate
Total Rate
$1 1.78
$141.36
Additional Refuse Cart
$6.21
$74.52
Backyard Service
- For first refuse and first recycling
$5.86
$70.32
carts/containers
- For each additional cart/container
$5.86
$70.32
Surcharge for HOA's Desiring Monday
10% of Service
Service
Component
�. 190
Attachment 1
K, ; F_ a. RE C: i e_ .°l ey, _
f u�d+•li lab, e
June 8, 2010
Mr. Tom Genovese
City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
RE: Refuse Rate Adjustment
Dear Mr. Genovese,
In accordance with Section 24 of the Franchise agreement for Solid Waste, Burrtec
respectfully request a rate adjustment. The increase in the Consumer Price Index (CPI)
for the period March 2008 to March 2010 was .84% (Index attached).
It is anticipated that Riverside County Waste Management Department will approve a
Disposal Increase for Edom Hill Transfer Station. If approved, the disposal rate will go
from $38.88 a ton to $39.04 a ton.
Please see attached rate sheets reflecting the CPI and Disposal increase.
Section 24.3 in the new Franchise agreement states that "The City Manager shall approve
such a request unless he determines, based upon substantial evidence, that the requested
adjustment to the maximum rate does not meet the requirements as set forth.
I am available at your convenience to discuss the increase.
Sincerely,
Mike Veto
Director of Municipal Services
Copy: Bret Plumlee, Assistant City Manager
Frank Orlett, District Manager
Debbie Morris. HF & H
«- 191
Suntec Waste & Recycling Services
CRY of Le fduinte
Annual Adjustment of Rates
Effective: Julu 1, 2010
Residential
Individual Residence - Curb Service
Tax Roll Billino
Individual Residence - Curb Service
Direct Billing
Individual Residence- Walk, -in Senrice
Tax Roll Billing
Q cans, bags or bundles, up to 60 R. distance)
Individual Residence - iNalk-in Service
Direct Billing
i7 cans, bags or bundles, up to 60 it, distance)
Additional Refuse Can
Bulky Item Pick up in excess of 4 items
or non -regular collection day
Back Yard Service Basic
Back Yard Service for each additional containers
Cart replacement fee
Surcharge for HONs requiring Monday service
4
e
1-4
CO
1-0
CPI Consumer Price Index 03/312010 225.5
CPI Consumer Price Index 03131/20D8 223.6
Change
1.9
%Change
0,84%
Current Rates
Proposed
Rate Changes
Proposed
Monthly Rates
Refuse
Refuse
Total
Collection
Disposal
Refuse
Total
Collection
Disposal
AB939
Monthly
CPI
Component
A8939
Collection
Disposal
ABS39
Monthly
Component
Ccmponent
Component
Rate
0-841
0.515%
0.0%
Component
Component
FY 9"9
Rate
8.08
$
3.00
$ 0.61
$ 11.69
$ 0.07
$ 002
$ -
$
8.15
$
3.02
$ 0.61
$ 11.78
$ 9.40
$
3.00
$ 0.61
$ 13.01
$ 0.08
$ 0.02
$ -
$
9.48
$
3.02
$ 0.61
$ 13.11
S 13.89
$
3.00
$ 0.61
$ 17,50
$ 0.12
$ 0.02
$ -
$
14.01
$
3.02
$ 0.61
$ 17.64
15.21
$
3.00
$ 0.61
$ 18.82
$ 0.13
$ 0.02
$ -
$
15.34
$
3.02
$ 0.61
$ 18.97
6.16
$ 6.16
$ 0.05
$
6.21
$ 6.21
15,49
$
-
$ 15.49
$ 0.13
$
15.62
$
-
$ 15.62
5.81
$ 5.81
$ 0.05
$
5.86
$ 5.86
5.81
5 5.81
$ 0.05
$
5.86
$ 5.86
51.64
S 51.64
$ 0.43
$
5207.
$ 52.07
10%
Ia
Buntec Waste S Recycling Services
City of La Quinta
Annual Adjustment of Rates
Effective: ,lulu 1. 2010
CPI Consumer Price Index 03131=10
CPI Consumer Price Index 03131I2008
Change
% Change
Currenf Rates
Pr
sad Rate Changes
COMMERCIAL
Refuse
Total
Refuse
Collection
Disposal
Collection
Disposal
AB939
Monthly
CPI
Component A8939
Component
Component
Component
Rate
0841/
0.515% 0.0%
2 yd Bin
1 x per week
$
55,35
$
22.60
$
3.88
$
81.83
$
0.46
$
0.12
2 x per week:
$
96.41
$
43.08
$
7.76
$
147.25
$
0.81
$
0.22
3 x per week
°
135.46
$
63.69
$
11.63
$
210.78
$
1.14
$
0,33
4 x per week:
`<
174.29
$
84A 2
$
15.51
$
273.92
$
1.46
$
0.43
5 x per week
$
213.19
$
100.43
$
19.39
$
333.01
$
1.79
$
0.52
6 x per week
..
252.38
$
124.95
S
23.27
$
400.60
$
2.12
$
0.64
3 yd Bin
1 x per week:
;
69.47
$
32.37
$
5.82
$
107.66
$
0.58
$
0.17
2 x per A"k,
$
119.57
$
62.49
$
11.63
$
193.69
$
1.00
$
0.32
3 x per week.-
$
168.58
$
91.77
$
17.45
$
277.80
$
1.42
$
0.47
4 x per week
$
213.94
$
120.97
%
23.27
$
358.18
$
1.80
$
0.62
5 x Per week
$
262.19
$
150.84
$
29.07
$
442.10
$
2.20
$
0.78
6 x per week
$
308.80
$
179.86
$
34.89
$
523.55
$
2.59
$
0.93
4 yd Bin
i x per week
$
95.00
$
43.60
$
7.76
$
146.36
$
0.80
$
0.22
2 x per week
$
148.60
$
82.03
$
15.51
$
246.14
$
1.25
$
0.42
3 x per week
$
204.23
$
120,30
$
23.27
$
347.80
$
1.72
$
0.62
4 x per week
$
260.05
$
1%00
$
31.01
$
450.06
$
2.18
$
0.82
5 x per week
$
312.85
$
197.16
$
38.76
$
548.77
$
2.63
$
1.02
6 x per week:
364.46
$
235.13
$
46.51
$
646.10
$
3.06
$
1.21
6 vd Bin
1 x per week
2 x per week:
3 x per week $
4 x per week:
5 x per week( $
6 x per week, S
ADDITIONAL CHARGES
2 yd Bin - Extm Empty
3 yd Bin - Extra Empt; ?�
4 yd Bin - Extra Empty
6 yd Bin - Extra Empty $
9
OTHER FEES
-� New Start Fee
Re -Start Fee c
Defivonf Fee
}-a Locked Enclosure M1
C0 Bin Pull -Out >20'
,W Locking Container R
Replacement Locking Bar
Saturday (for senrice < Sx1wk) $
225.5
223,6
1.9
0.84%
Proposed Monthly Rates
Refuse
Collection
Component
Disposal
Component
AB939
Total
Monthly
Rate
$ 55.81
$ 22.72
$ 3.88
$ $2.41
$ 97.22
$ 43.30
$ 7.76
$ 148.28
$ 136.60
$ 64.02
$ 11.63
$ 212.25
$ 175.75
$ 84.55
$ 15.51
S 275.81
$ 214.98
$ 100.95
$ 19.39
$ 335,32
$ 254.50
$ 125.59
$ 23.27
$ 403.38
$ 70.05
$
32.54
$ 5.82
$
108.41
$ 120.57
S
62.81
$ 11.63
$
195.01
$ 170.00
$
92.24
$ 17.45
$
279.69
$ 215.74
$
121.59
5 23.27
$
360.60
$ 264.39
$
151.62
$ 29.07
3
445.oa
$ 311.39
$
180.79
$ 34.89
$
527.07
$ 95.80
$
43.82
$ 7.76
$
147.38
$ 149.85
$
$2.45
$ 15.51
$
247.81
$ 205.95
$
120.92
$ 23.27
$
350.14
$ 262.23
$
159.82
$ 31.01
$
453.06
$ 315.48
$
198.18
$ 38.76
$
552.42
$ 367.52
$
236.34
$ 46.51
$
650,37
142.52
% 64,85
S
11.63
$
21.9.00
$
+ �^
j
i43.72
$ 65.18
$
11.63
$
220.53
222,90
S 124.50
$
23.27
$
370.67
$
1.87
$
0,64
3
224.77
$ 125.14
$
23.27
3
373.18
306.28
$ 182.67
$
34,89
$
523.84
$
2.57
$
0.94
$
308.85
$ 183.61
$
34.89
$
527.35
390.35
$ 240.86
$
46,51
$
677.72
$
3.28
$
1.24
$
393,63
$ 242.10
$
46.51
$
682.24
469.28
$ 300.09
$
58.14
$
827.51
3
3.94
$
1.55
$
473.22
$ 301.$4
$
58.14
$
833.00
546.72
S 357.68
$
69.78
$
974.18
$
4.59
$
1.84
$
551.31
$ 359.52
$
69.78
$
980.81
30.58
$ 5.65
$
36.23
$
0.26
$
0.03
$
30.54
$ 5.68
$
36.52
41.67
$ 8.09
$
49.76
$
0.35
$
0.04
$
42.02
$ 8.13
$
50.15
56.45
$ 10.90
$
67.35
$
0.47
$
0.06
$
56.92
$ 10.96
$
67.88
84.25
$ 18.21
$
100.46
$
0.71
$
0.08
$
84.96
$ 16.29
$
101.25
6.61
$
6.61
$
0.06
$
6.67
$
6.67
17.34
$
17.34
$
0.15
$
iZ49
$
17.49
18.69
$
18.69
$
0.16
$
18.85
$
18.85
17.18
$
17.18
$
0.14
$
17.32
$
17.32
30.41
$
30.41
$
0.26
$
30.67
$
30.67
59.32
$
59.32
$
0.50
$
59.82
$
59.82
22.82
$
22.82
$
0.19
$
23.01
$
23.01
24.66
$
24.66
$
011
$
24.87
$
24.87
0
'rT
O1
O
3
3
tD
7
Burrtec Waste a Recycling Services
cfty of U Quinu
Annual Adjustment of Rates
Effective: July 1, 20,10
Current Rates
Ralbff
Per Pull
Rate
Disposal
Rate Per
Tort
AB939
Rate Per
Ton
20 Yards
$
106.10
$ 38.84
$ 13.10
30 Yards
$
145.91
$ 38.84
$ 13.10
40 Yards
$
170.81
$ 38.84
$ 13.10
Delivery Charge
$
18.69
Extra Trip
$
53.13
Other Pees fResidential, Commercial, Rolloff):
OTHER FEES
New Start Fee $ 6.61
Restart Fee $ 17.34
Returned Check $ 21.85
Delivery Charge Bins and Rolloff $ 18.69
C.O
CPI Consumer Price Index 03M Mi0 225.5
CPI Consumer Price Index 03/31/2008 223.6
Change 1.9
% Change p 84%
Proposed Rate Changes
Disposal
AB939
Per Pull
Rate Per
Rate Per
Rate
Ton
Ton
0.84%
0.515.
0.0%
$
0.89
$
0.20
$
1.23
$
0.20
$
1.43
$
0.20
$
0.16
$
0.45
Proposed Monthly Rates
'Disposal
AB939
Per Pull
Rate Per
Rate Per
Rate
Ton
Ton
$
106.99
$ 39.04
$
13.10
$
147.14
$ 39.04
$
13.10
$
172.24
$ 39.04
$
13.10
$
18.85
$
53.58
$ 0.06
$
6.67
$ 0.15
$
17.49
$ 0.18
$
22.04
$ 0.16
$
18.85
a
Burrtec Waste a Recycling Services
City of La QuinW.
Annual Adjustment of Rates
Effective: ,lulu 1, 2010
-
Current Rates
Refuse
Total
Collection
Disposal AB939
Monthly
Component
Component Component
Rate
OTHER FEES
3 yam Temp Bins
$ 109.38
$ 109.38
4 yam Temp Bins
$ 119.89
$ 119.89
Delivery Charge Bins and Rolloff
$ 18.69
$ 18.69
CPI Consumer Price Index 03/31/2010 225.5
CPI Consumer Price Index 03/312008 223.6
Change
1.9
% Change
0.84%
Proposed
Rate Changes
Refuse
Collection
Disposal
CPI
Component ABS39
0.84%
0.515% 0.0%
$ 0.92
$ 1.01
$ 0.16
Proposed Monthly Rates
Refuse Total
Collection Disposal Monthly
Component Component AB939 Rate
$ 110.29 $ 110.29
$ 120.90 $ 120.90
$ 18.85 $ 18.85
a
N
3
W
7
Attachment 1
Bunter Waste & Recycling Services
City of La Quints
Annual Adjustment of Rstes
Effective: July 1, 2010
Sadeald: CUURA421SAO,CUUSA421SA0
Not Seasonally Adjusted
Arm Las Angeles-Rivan ide-Om.0e County, CA
now All it...
Base Pedod: 1902-84=100
Download:
Attachment 2
3990 Westerly Place, Suite 195
Newport Beach, California 92660
Telephone: 949/251-8628
Fax: 949/251-9741
www. hfh-consu11ants. com
June 10, 2010
Mr. Bret Plumlee
Assistant City Manager, Management Services
City of La Quinta
P.O. Box 1504
78-495 Calle Tampico
La Quinta, California 92253-1504
Advisory Services to Municipal Management
Robert D. Hilton, CMC
John W. Farnkopf, PE
Laith B. Euet, CMC
Richard Simonson, CMC
Marva Sheehan, CPA
Revised Review of Burrtec Waste and Recycling Services, LLC's
Fiscal Year 2011 Rate Increase Request
Dear Mr. Plumlee:
We have completed our review of Burrtec Waste and Recycling Services, LLC's
("Burrtec") letter dated June 8, 2010, requesting a rate increase for Fiscal Year (FY) 2011
and the accompanying documentation. We reviewed Burrtec's initial rate adjustment
request dated March 14, 2010. This initial request reflected changes in service and
disposal cost components that occurred between FY 2009 and FY 2010. To accurately
reflect changes in cost components that occurred since Burrtec's last rate adjustment in
FY 2008, the FY 2011 rate adjustment request should include changes in cost
components that occurred during the two-year period beginning in FY 2008 and ending
in FY 2010. Subsequent to discussions with Burrtec, a revised rate adjustment request
was submitted reflecting the two-year cost component changes.
REQUESTED INCREASE
Burrtec is requesting a routine increase consisting of two components:
A rate increase to the service component of the total rate to become effective July 1,
2010 (100% of the increase in the Consumer Price Index for the Los Angeles -
Riverside -Orange County area between March 2008 and March 2010)
• A disposal cost increase resulting from the changes in tipping fees at Edom Hills
Transfer Station between July 1, 2008 and July 1, 2010.
tea. 197
Attachment 2
Managing'tomorrow's Resources Today
Mr. Bret Plumlee
June 10, 2010
Page 2 of 3
SUMMARY OF FINDINGS
The regular CPI and disposal cost adjustments are warranted. Burrtec did not request a
rate adjustment in 2009 because rates would have decreased. Therefore, the calculated
adjustments in this report are based on the cost component changes beginning in 2008
and ending 2010. Updated Fiscal Year 2010 rate schedules, and the rate adjustment
calculations, including the commercial and roll -off calculations, are contained in
Exhibits 1, 2, and 3.
TASKS PERFORMED
In order to complete the review of the requested rate increase, we performed the
following tasks:
• We reviewed the requested increases for consistency with the rate adjustment
provisions of the Amended and Restated Agreement for the Collection, Transfer and
Disposal of Municipal Solid Waste between Burrtec and the City of La Quinta
("Agreement").
• We reviewed Burrtec's Consumer Price Index calculations.
• We confirmed that the disposal cost components were accurately calculated based
on the new tipping fees approved by the Riverside County Board of Supervisors
("Board") on June 8, 2010.
• We reviewed the mathematical accuracy of the service component and disposal
component calculations for Burrtec's proposed rates, and recalculated the
adjustment to reflect the two-year change.
DETAILED FINDINGS
Based on the work performed we found that:
1. The rate increase due to Burrtec is 0.84% for the service component (100% of the
increase in the Consumer Price Index for the Los Angeles -Riverside -Orange County
area between March 2008 and March 2010).
198
Attachment
` Managing Tomorrow's Resources Today
Mr. Bret Plumlee
June 10, 2010
Page 3 of 3
2. The per -ton tipping fee at Edom Hill Transfer Station increased from $38.84 effective
July 1, 2008, to $39.04 effective July 1, 2010, for a total increase of $0.20 per ton to the
disposal component.
3. Section 24.4.1 of the Agreement requires that the City, of La Quinta's residential rate
does not exceed 103% of the lowest rate charged to cities in the Coachella Valley
with "similar services;' as defined in the Agreement. Further, the City of La
Quinta's residential rate may in no instance be higher than the rate for more than
one other city in the Coachella Valley with "like services." The City of Palm Desert
has the lowest single-family residential service rate among Coachella Valley cities
with residential collection services similar to the City, and the adjusted single-family
rate for the City of La Quinta ($11.78) did not exceed 103% of the City of Palm
Desert.
We appreciate the opportunity to have assisted the City of La Quinta. If you have any
questions, please call us at 949/251-8628.
Very truly yours,
Laith B. Ezzet
Senior Vice President
Exhibits:
1. Single Family Rate Adjustment Calculations
2 Commercial Bin Rate Adjustment Calculations
3 Roll -Off Rate Adjustment Calculations
Debbie Morris
Senior Associate
Attachment 2
EXHIBIT 1
RESIDENTIAL CUSTOMERS
EFFECTIVE JULY 1, 2010
Residential Rates for July 1, 2010
Includes 100% of CPI Increase on Service Component (March 2008 - March 2010) and
Transfer Station Tip Fee Increase from $38.84 to $39.04 per ton
on Disposal Component (July 2008 - July 2010)
Service
Disposal
All 939
Total Monthly
Single Family Dwellings
Component
Component
Fees
Rate*
Automated or Manual Collection - Tax Roll Billing
$ 8.15
$ 3.02
$ 0.61
$ 11.78
Automated or Manual Collection - Direct Billing
$ 9.48
$ 3.02
$ 0.61
$ 13.11
Additional Refuse Cart
$ 6.21
$ 6.21
Cart Replacement (Per Secton 8.1.8 (F)) - one time fee
$ 52.07
$ 52.07
Bulky Item: in excess of 4 items or non -regular collection day—
$ 15.62
$ 15.62
Backyard Service
Basic Additional Charge for Backyard Service
$ 5.86
$ 5.86
Charge for Each Additional Cart/Container Per Section 8.2.3
$ 5.86
$ 5.86
Surchage for HOA's Desiring Monday Service
10% of Service Component
"The maximum rates on this sheet shall apply to all customers receiving automated or manual service utilizing refuse
carts or cans, including specifically such customers (if any) at commercial premises.
— Charged for pickups in excess of four items, or pickup on a non -collection day. Pickup otherwise at no additional
charge
1-1 wq 200
Attachment 2
EXHIBIT 1
Residential Service Component Calculations for July 1, 2010
Includes 100% of CPI Increase on Service Component (March 2008 - March 2010)
Service
Single Family Home/rownhouse Condominium/Mobile
Component
Service Component
New Service
Home
Approved
Increase (March)
Component
2008*
to Much 2010)
Automated or Manual Collection - Tax Roll Billing
$8.08
$0.07
$8.15
Automated or Manual Collection - Direct Billing
$9.40
$0.08
$9.48
Additional Refuse Cart
$ 6.16
$0.05
$6.21
Cart Replacement (Per Secton 8.1.8 (F)) - one time fee
$ 51.64
$0.43
$52.07
Backyard Service
Basic Additional Charge for Backyard Service
$ 5.131
$0.05
$5.86
Charge for Each Additional Cart/Container Per Section 1
$ 5.131
$0.05
$5.86
Surchage for HOA's Desiring Monday Service
10% of Service Component
* Burrtec did not request a rate increase for 2009
Residential Disposal Component Calculations for July 1, 2010
Includes 100% of Transfer Station Tip Fee Increase from $38.84 to $39.04 per ton
on Disposal Component (July 2008 - July 2010)
Dump Fee, in
Increase for
New Dump
Single Family Home/Townhouse
rates
Transfer Station Fee
Condominium/Mobile Home
approved
Increase (July 2008
Fee
2008*
to July 2010)
Component
Automated or Manual Collection - Tax Roll Billing
$3.00
$0.02
$3.02
Automated or Manual Collection - Direct Billing
$3.00
$0.02
$3.02
* Burrtec did not request a rate increase for 2009
1-2 �.' 2,1
Attachment 2
EXHIBIT 2
COMMERCIAL BIN CUSTOMERS
EFFECTIVE JULY 1, 2010
Commercial Bin Rates for July 1, 2010
Includes 100% of CPI Increase on Service Component (March 2008 - March 2010) and
Transfer Station Tip Fee Increase from $38.84 to $39.04 per ton
on Disposal Component (July 2008 - July 2010)
2 Yard Bin Service
Proposed Rates
Pkku sPer Week
S racom oaem
AS 939
DIs oral Com onent
Monthly Customer Rate
1
$ 55.81
$ 3.88
$
22.72
$ 82.41
2
$ 97.22
$ 7.76
$
43.30
$ 148.28
3
$ 136.60
$ 11.63
$
64.02
$ 212.25
4
$ 175.75
$ 15.51
$
84.55
$ 275.81
5
$ 214.98
$ 19.39
$
100.95
$ 335.32
6
$ 254.50
$ 23.28
$
125.59
$ 403.37
Extra Empty*
$ 30.84
$
5.68
$ 36.52
3 Yard Bin Service
Proposed Rates
Pkku sPer Week
Service Com went
AS 939
DB osal Component
Momh Custom.izue
1
$ 70.05
$ 5.82
$
32.54
$ 108.41
2
$ 120.57
$ 11.63
$
62.81
$ 195.01
3
$ 169.99
$ 17.45
$
92.24
$ 279.68
4
$ 215.73
$ 23.27
$
121.59
$ 360.59
5
$ 264.39
$ 29.07
$
151.62
$ 445.08
6
$ 311.39
$ 34.89
$
180.78
$ 527.06
Extra Em
$ 42.02
$
8.13
$ 50.15
4 Yard Bin Service
Proposed Rates
Pickups Per Week
Servile Com wart
A9939
Dh osal Com anent
Monthly Customer Rate
1
$ 95.80
$ 7.76
$
43.82
$ 147.38
2
$ 149.85
$ 15.51
$
82.45
$ 247.81
3
$ 205.94
$ 23.27
$
120.91
$ 350.12
4
$ 262.23
$ 31.01
$
159.82
$ 453.06
5
$ 315.47
$ 38.76
S
198.17
$ 552.40
6
$ 367.52
$ 46.51
$
236.34
$ 650.37
Extra Em
$ 56.92
$
10.96
$ 67.88
6 Yard Bin Service
Proposed Rates
Pkku sPer Week
S.vre Com onwt
AS 939
Disposal Com aseat
Merthyr Customer Rate
1
$ 143.72
$ 11.63
$
65.18
$ 220.53
2
$ 224.77
$ 23.27
$
125.13
$ 373.17
3
$ 308.85
$ 34.89
$
183.61
$ 527.35
4
$ 393.63
$ 46.51
$
242.10
$ 682.24
5
$ 473.23
$ 58.14
$
301.63
$ 833.00
6
$ 551.32
$ 69.78
$
359.52
$ 980.62
Extra Empty*
$ 84.96
$
16.29
$ 101.25
"Meaning occasional calls for extra service, or "emptying" of Bin
Customers desiring a locking Bin may be charged a one time charge of up to $59.82 to add a locking bar to their Bin, and are subject to a
charge not to exceed $23.01 each time the locking bar needs replacement.
The Service Component for Customers receiving services less than 6 times per week and who desire service on Saturday may be increased by
an amount to not m exceed $24.87.
The monthly Service Component for Customers who keep Bins in locked enclosures may be increased by an amount not to exceed $17.32
The monthly Service Component for Customers who keep Bins in a location requiring Contractor to move them more than 20 feet for collection
purposes may be increased by an amount not to exceed $30.67.
2 1 202
a.a
Attachment 2
EXHIBIT 2
Commercial Bin Service Component Calculations for July 1, 2010
Includes 1001/0 of CPI Increase on Service Component (March 2008 - March 2010)
2 Yard Bin Service
Pickups Per Week
Service Component
7/1/08'
Increase
Service Component
7/1/10
1
$ 55.35
$
0.46
$
55.81
2
$ 96.41
$
0.81
$
97.22
3
$ 135.46
$
1.14
$
136.60
4
$ 174.29
$
1.46
$
175.75
5
$ 213.19
$
1.79
$
214.98
6
$ 252.38
$
2.12
$
254.50
Extra Empty
$ 30.58
$
0.26
$
30.84
3 Yard Bin Service
Pickups Per Week
Service Component
7/1/W
Increase
Service Component
7/1/10
1
$ 69.47
$
0.58
$
70.05
2
$ 119.57
$
1.00
$
120.57
3
$ 168.58
$
1.41
$
169.99
4
$ 213.94
$
1.79
$
215.73
5
$ 262.19
$
2.20
$
264.39
6
$ 308.80
$
2.59
$
311.39
Extra Empty
$ 41.67
$
0.35
1 $
42.02
4 Yard Bin Service
Pickups Per Week
Service Component
7/1/08•
Increase
Service Component
7/1/10
1
$ 95.00
$
0.80
$
95.80
2
$ 148.60
$
1.25
$
149.85
3
$ 204.23
$
1.71
$
205.94
4
$ 260.05
$
2.18
$
262.23
5
$ 312.85
$
2.62
$
315.47
6
$ 364.46
$
3.06
$
367.52
Extra Empty
$ 56.45
$
0.47
$
56.92
6 Yard Bin Service
Pickups Per Week
Service Component
7/1/08*
Increase
Service Component
7/1/10
1
$ 142.52
$
1.20
$
143.72
2
$ 222.90
$
1.87
$
224.77
3
$ 306.28
$
2.57
$
308.85
4
$ 390.35
$
3.28
$
393.63
5
$ 469.29
$
3.94
$
473.23
6
$ 546.73
$
4.59
$
551.32
Extra Empty
$ 84.25
$
0.71 1
$
84.%
* Burrtec did not request a rate increase for 2009
2-2 203
Attachment 2
EXHIBIT 2
Commercial Bin Disposal Component Calculations for July 1, 2010
Includes 100% of Transfer Station Tip Fee Increase from $38.84 to $39.04 per ton
on Disposal Component (July 2008 - July 2010)
2 Yard Bin Service
Pickups Per Week
Disposal Component
7/1/08*
Increase
Disposal Component
7/1/10
1
$
22.60
$
0.12
$
22.72
2
$
43.08
$
0.22
$
43.30
3
$
63.69
$
0.33
$
64.02
4
$
84.12
$
0.43
$
84.55
5
$
100.43
$
0.52
$
100.95
6
$
124.95
$
0.64
$
123.59
Extra Empty
$
5.65
$
0.03
$
5.68
3 Yard Bin Service
Pickups Per Week
Disposal Component
7/1/W
Increase
Disposal Component
7/1/10
1
$
32.37
$
0.17
$
32.54
2
$
62.49
$
0.32
$
62.81
3
$
91.77
$
0.47
$
92.24
4
$
120.97
$
0.62
$
121.59
5
$
750.84
$
0.78
$
151.62
6
$
179.85
$
0.93
$
180.78
Extra Empty
$
8.09
$
0.04
$
8.13
4 Yard Bin Service
Pickups Per Week
Disposal Component
7/1/W
Increase
Disposal Component
7/1/10
1
$
43.60
$
0.22
$
43.82
2
$
82.03
$
0.42
$
82.45
3
$
120.29
$
0.62
$
120.91
4
$
159.00
$
0.82
$
159.82
5
$
197.15
$
1.02
$
198.17
6
$
235.13
$
1.21
$
236.34
Extra Empty
$
10.90
$
0.06
$
10.96
6 Yard Bin Service
Pickups Per Week
Disposal Component
7/1/08•
Increase
Disposal Component
7/1/10
1
$
64.83
$
0.33
$
65.18
2
$
124.49
$
0.64
$
125.13
3
$
182.67
$
0.94
$
183.61
4
$
240.86
$
1.24
S
242.10
5
$
300.08
$
1.55
S
301.63
6
$
357.65
2
1.84
$
359.52
Extra Empty
$
16.21
$
0.08
$
16.29
* Burrtec did not request a rate increase for 2009
2-3 N. � 7o4
Attachment
EXHIBIT 3
ROLL -OFF & TEMPORARY CUSTOMERS
EFFECTIVE JULY 1, 2010
Roll -off & Temporary Rates for July 1, 2010
Includes 100"/o of CPI Increase on Service Component (March 2008 - March 2010)
And Actual Disposal Costs
Component:
Rolloff Box Size
Standard 20 yard box $ 106.99 per pull plus $13.10/ton of Solid Waste Collected
Standard 30 yard box $ 147.13 per pull plus $13.10/ ton of Solid Waste Collected
Standard 40 yard box $ 172.24 per pull plus $13.10/ton of Solid Waste Collected
Service Component for Rolloff Compactors is three times the per pull rate for the same size
off Box, plus $13.10 per ton of Solid Waste Collected
the Service Component for a 40 yd. Compactor 3 x $ 172.24 = $516.72 +$13.10/ ton)
:posal Component:
Actual Amount Charged to Contractor for Disposal
SERVICE USING BINS
Service utilizing a 3yd Bin is subject to a maximum rate, comprised only of a Service Component, of $ 110.30
ig by Contractor
Service utilizing a 4yd Bin is subject to a maximum rate, comprised only of a Service Component, of $ 120.90
servicing by Contractor
Service Delivery Charge
3-1
Attachment
EXHIBIT 3
Roll -off & Temporary Service Component Calculations for July 1, 2010
Includes 100%, of CPI Increase on Service Component (March 2008 - March 2010)
ROLL OFF BOXES
Roll Off Box Size
Service Component 7/1/08"
1 Increase
Service Component 7/1/10
20
yard
$
106.10
$
0.89
$
106.99
30
yard
$
145.91
$
1.22
$
147.13
40
yard
$
170.81
$
1.43
$
172.24
TEMPORARY SERVICE
Bin Size
Service Component7/1/08
I Increase
Service Component 7/1/10
3
yard
$
109.38
1 $
0.92
$
110.30
4
yard
$
119.89
1 $
1.01
Is
120.90
Delivery
Charge
$
18.69
1 $
0.16
$
18.85
* Burrtec did not request a rate increase in 2009.
3-2
QUIACCAJ
N OF TKF'
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Consideration of a Resolution Adopting
the Investment Policy of the City of La Quinta
Fiscal Year 2010-2011
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council approving the Investment Policy of the City
of La Quinta for Fiscal Year 2010-2011.
FISCAL IMPLICATIONS:
None
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Government Code Section 53646 imposes certain reporting requirements on State
and local agencies. Specifically, the Code Section requires, in part, that the
treasurer of a local agency submit an annual statement of investment policy to the
legislative body.
As a result of this reporting requirement, in February of 2010 the Investment
Advisory Board (IAB) began the process of updating the City's Investment Policy to
conform to this legislative requirement.
At the start of this process, the Investment Advisory Board believed that only
minor changes were needed to the Fiscal Year 2010-201 1 Investment Policy.
�- 207
The following Policy changes to the document are proposed as follows:
• Added La Quinta Housing Authority to the Investment Policy Scope.
Increase FDIC Coverage to $250,000.
• LAIF increased the maximum permitted account size from $40 million to
$50 million. The City has elected to keep the $40 million per account
limitation that was in place during FY 2008-2009 and make no change in
the 30% percentage maximum of the portfolio.
On June 9, 2010, the Investment Advisory Board met with the City Manager, City
Attorney and City Treasurer to review the proposed Investment Policy.
The IAB recommended the Fiscal Year 2010-2011 Investment Policy on a 4—ayes,
0 nays vote (there is one vacant seat on the Board). The Investment Policy has
been presented in both a final version (Attachment 1) and a strikeout version
(Attachment 2). Chairman Ross plans to attend the City Council meeting and will
be available to answer questions.
The general purpose of the City's Investment Policy is to provide the rules and
standards the City must follow when investing the City of La Quinta's public funds.
It is the City of La Quinta's policy to invest all public; funds in a manner which will
provide a diversified portfolio with maximum security while meeting daily cash flow
demands and the highest investment return in conformity with all State and local
statutes. This Policy applies to all cash and investments of the City of La Quinta,
La Quinta Redevelopment Agency and the La Quinta Financing and Housing
Authorities, hereafter referred to as the "City."
The primary objectives of the City's investment activity in order of priority shall be:
• Safety of principal;
• Liquidity to meet all of the City's obligations and requirements that may be
reasonably anticipated;
• A risk -based market rate of return.
It is understood that all investments shall be made with judgment and care, under
circumstances then prevailing, by persons with prudence, discretion, and
intelligence acting as they would in the management of their own affairs, not for
speculation, but for investment, as well as considering the probable safety of their
capital and the probable income to be derived.
As noted in the policy, authority to manage the City's investment portfolio is
derived from the City Ordinance. Management responsibility for the investment
program is delegated to the City Treasurer, who shall establish and implement
W. � 208
written procedures for the operation of the City's investment program consistent
with the Investment Policy. The Treasurer is required to establish and implement a
system of internal controls to maintain the safety of the portfolio. The internal
control system will also ensure the timely preparation and accurate reporting of the
portfolio financial information.
As part of the annual audit of the City's financial statements, the independent
auditor reviews the adequacy of those controls and advises the City if weaknesses
are found.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council approving the Investment Policy for
Fiscal Year 2010-201 1; or
2. Adopt a Resolution of the City Council approving the Investment Policy with
changes for Fiscal Year 2010-2011; or
3. Do not adopt a Resolution of the City Council approving the Investment
Policy for Fiscal Year 2010-2011; or
4. Provide staff with alternative direction.
R pec ully submitted,
Jo n M. Falconer, Finance Director/ Treasurer
/Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1 . Proposed Investment Policy — Final Version
2. Proposed Investment Policy — Strike Out Version
209
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA APPROVING AND ADOPTING
THE AMENDED INVESTMENT POLICY FOR FISCAL
YEAR 2010-2011
WHEREAS, the general purpose of the Investment Policy is to provide the rules
and standards users must follow in investing funds of the City of La Quinta; and
WHEREAS, the primary objectives, in order of priority, of the City of La Quinta's
investment activity shall be:
Safety of principal is the foremost objective of the investment program.
Investments of the City of La Quinta shall be undertaken in a manner that seeks
to ensure the preservation of capital in the overall portfolio.
The investment portfolio shall remain sufficiently liquid to meet all operating
requirements that may be reasonably anticipated.
The investment portfolio shall be designed with the objective of attaining a
market rate of return or yield throughout budgetary and economic cycles, taking
into account the investment risk constraints and liquidity needs.
WHEREAS, authority to manage the City of La Quinta's investment portfolio is
derived from the City Ordinance. Management responsibility for the investment
program is delegated to the City Treasurer, who shall establish and implement written
procedures for the operation of the City's investment program consistent with the
Investment Policy for Fiscal Year 2010-201 1; and
WHEREAS, the Investment Policy will be adopted before the end of June of
each year and amended as considered necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta to adopt the Fiscal Year Investment Policy (Exhibit A).
«. 210
Resolution No. 2010-
Investment Policy
Adopted: June 15, 2010
Page 2 of 11
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council, held on this day of 2010 by the
following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
VERONICA J. MONTECINO, CIVIC, City Clerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
DON ADOLPH, Mayor
City of La Quinta, California
„.. 211
ATTACHMENT 1
City of La, Quints
GEM of the DESERT
Investment Policy
Fiscal Year 2010-2011
�.. 212
CITY OF LA QUINTA
Investment Policy
Fiscal Year 2010/2011
Table of Contents
Section
Topic
page
Executive Summary
2
1
General Purpose
4
II
Investment Policy
4
III
Scope
4
IV
Objectives
4
► Safety of Principal
► Provide Liquidity
► Yield A Risk -Based Market Rate Of Return
V
Maximum Maturities
6
VI
Prudence
6
V11
Authority
7
Vill
Ethics and Conflicts of Interest
7
IX
Authorized Financial Dealers and Institutions
7
► Broker/Dealers
► Financial Institutions
X
Permissible Deposits and Investments
8
XI
Investment Pools
12
XII
Payment and Custody
12
XI11
Interest Earning Distribution Policy
12
XIV
Internal Controls and Independent Auditors
13
XV
Reporting Standards
14
XVI
Financial Assets and Investment Activity Not Subject: to this Policy
15
XVII
Investment of Bond Proceeds
15
XIII
Investment Advisory Board - City of La Quinta
15
XIX
Investment Policy Adoption
16
Appendices Topic
Page
A Summary of Permissible Deposits and Investments
17
B City of La Quinta Municipal Code Ordinance 2.70 - Investment Advisory Board
19
C City of La Quinta Municipal Code Ordinance 3.08 - Investment of Moneys and Funds
20
D Segregation of Major Investment Responsibilities
22
E Listing of Approved Financial Institutions
23
F Broker/Dealer Questionnaire and Certification
24
G Request for Proposal for Professional Portfolio Management Firm
28
H Permissible Investment Chart - Professional Portfolio Management Firm
34
1 Investment Management Process and Risk
35
J Glossary
36
„.. 213
1
CITY OF LA QUINTA
Investment Policy
Fiscal Year 2010/2011
' Executive Summary
The general purpose of this Investment Policy is to provide the rules and standards that must be
' followed in administering the City of La Quinta's deposits and investments.
The City's Investment Policy conforms to all state and local statutes and applies to all deposits
' and investments of the City of La Quinta, City of La Quinta Redevelopment Agency, and the
City of La Quinta Financing and Housing Authorities (the"City" ).
' It is the City's policy to deposit and invest public funds in a manner that shall provide:
► Safety of principal;
' ► Liquidity to meet all of the City's obligations and requirements that may be reasonably
anticipated;
► A risk -based market rate of return.
' It is the City's policy to hold securities and other investments until maturity. This buy -and -hold
policy shall not prevent the sale of a security to minimize loss of principal when an issuer or
' backer suffers declining credit worthiness or when the liquidity needs of the portfolio require
that a security be sold.
' Authority to manage the City's investment portfolio is derived from the City Ordinance.
Management responsibility for the investment program is delegated to the City Treasurer, who
shall establish and implement written procedures for the operation of the City's investment
' program consistent with the Investment Policy. The Treasurer shall establish and implement a
system of internal controls to accomplish the following objectives:
' ► Safeguard assets;
► The orderly and efficient conduct of its business, including adherence to all City
management policies;
► Prevention or detection of errors and fraud;
► The accuracy and completeness of accounting records;
► Timely preparation of reliable financial information.
' The System of Internal Controls developed by the City Treasurer shall be reviewed annually by the
independent auditors in connection with the annual audit of the City's Financial Statements.
' The City Manager, Assistant City Managers, City Treasurer and city employees involved in the
City's banking and investment process shall conduct the City's business in an ethical manner and
refrain from any activity or relationship that may be, or have the appearance of, a conflict of
' interest.
The City Treasurer maintains a listing of financial institutions which are approved for investment
' purposes. All Broker/Dealers and financial institutions that provide investment services will be
subject to City Council approval.
' The Treasurer will be permitted to invest only in the permissible deposits and investments
described in Section X and Appendix A up to the specified maximum allowable perpentaggs4
wa. G 1
' 2
and/or dollar limitations and, where applicable, through the bid process requirements. Permissible
' deposits and investments include, in general:
► FDIC -Insured Checking, Savings, and Sweep Accounts;
' ► Certificates of Deposit;
► U.S. Government Agency Securities and Federal Government Securities;
► Prime Commercial Paper;
' ► Local Agency Investment Fund (LAIF);
► Money Market Mutual Funds;
► Corporate Notes;
► Professionally Managed Accounts.
The City's deposits and investments are generally limited to three years' maximum maturity.
' However, the projected amount of funds not expected to be disbursed within five years may be
invested in U.S. Treasury bills, notes and bonds maturing between three and five years.
The City's Investment Policy does not specify a single benchmark as a goal or target yield for a
' rate of return on its investment portfolio. As a basis for comparison only, the Treasurer's
monthly report will display the rates of return on the three-month Bill, six-month Bill, and the one
and two-year U.S. Treasury Note, comparable -period rates for commercial paper, and the yield
' for the State Treasurer's Local Agency Investment Fund (LAIF).
The Investment Policy shall be adopted by resolution of the La Quinta City Council on an annual
' basis. The Investment Policy will be adopted before the end of June of each year.
This Executive Summary is only an overview of the City's Investment Policy. Reading this
' summary does not constitute a complete review, which can only be accomplished by reviewing all
of the pages herein.
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Kf
M#4
P.O. Box 1504
Ln QuiN FA, CALIFORNIA 92247-1504
78-495 Cni.i.r: TAnii,wo
LA QuiNrA, CAIJFORNIA 92253
City of La Quinta
Statement of Investment Policy
July 1, 2010 through June 30, 2011
Adopted by the City Council on June 15, 2010
GENERAL PURPOSE
(760) 7 7 7 - 7 0 0 0
FAX (760) 777-7101
The general purpose of this document is to provide the rules and standards that must be followed
in administering the City of La Quinta's deposits and investments.
II INVESTMENT POLICY
It is the policy of the City of La Quinta to deposit and invest public funds in a manner that shall
provide:
➢ Safety of principal;
➢ Liquidity to meet all of the City's obligations and requirements that may be reasonably
anticipated;
➢ A risk -based market rate of return.
The Investment Policy conforms to all State and local statutes governing the investment of public
funds and sets forth the permissible deposits and investments of the City's funds and the
limitations thereon.
[if SCOPE
Except as further detailed in Section XVII, this Investment Policy applies to all deposits and
investments of the City of La Quinta, City of La Quinta Redevelopment Agency and the City of La
Quinta Financing and Housing Authorities (hereafter referred to in this document as the "City").
These funds are reported in the City's Comprehensive Annual Financial Report (CAFR) and include
all funds within the following fund types:
► General
► Special Revenue
. ► Capital Projects
► Debt Service
► Enterprise
► Internal Service
► Trust and Agency
► Any new fund types and fund(s) that may be created.
IV OBJECTIVES
The objectives of the City's investment activity, in order of priority and importance, are:
1. Safety of Principal
Safety of principal is the foremost objective of the City's investment
4
program.
' Investments shall be undertaken in a manner that seeks to ensure the preservation of
' principal of the overall portfolio in accordance with the permissible deposits and
investments.
' The City shall endeavor to preserve its investment principal by making only permissible
deposits and investments, undertaken in a controlled manner to minimize the possibility of
loss or misappropriation through malfeasance or otherwise. Investments not backed by
the full faith and credit of the United States Government shall be diversified by allocating
' assets between different types of permissible investments, maturities, and issuers as a
means to mitigate credit risk and interest rate risk.
' A. Credit Risk is the risk of loss from the failure of the security issuer or backer.
Credit risk may be mitigated by:
' ► Limiting investments to investment grade securities as permitted in Section X;
► Diversifying the issuers of the securities in the investment portfolio so that
potential losses due to issuer failure or individual securities downgrades may be
' minimized.
B. Interest Rate Risk is the risk that market values of securities in the portfolio will
' decline due to changes in general interest rates. Interest rate risk may be mitigated
by:
' ► Structuring the investment portfolio so that securities mature to meet cash
requirements for ongoing operations, thereby avoiding the need to sell securities
on the open market prior to maturity; and
► Investing operating funds primarily in shorter -term securities.
C. Liquidity Risk is the risk that a security cannot be liquidated because of its unique
' features or structure or because it is thinly traded. Liquidity risk is not a material
issue for the City's portfolio because of the permissible deposits and investments
(see Section X) and because the City maintains a buy -and -hold policy and holds
securities and other investments to maturity. A discussion of the City's investment
' process and risk is presented in Appendix I.
t2. Provide Liquidity
The investment portfolio shall remain sufficiently liquid to meet all of the City's cash needs
' that may be reasonably anticipated. This is accomplished by structuring the portfolio so
that sufficient liquid funds are available to meet anticipated demands. Furthermore, since
all possible cash needs cannot be anticipated the portfolio should be diversified and
consist of securities with active secondary or resale markets.
The City's policy is to hold securities and other investments to maturity. Accordingly,
' securities shall not be sold prior to maturity with the following exceptions:
► A security with declining credit quality can be sold early to minimize loss of
principal;
► Unanticipated liquidity needs of the portfolio require that one or more securities be
sold.
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' 3. Yield A Risk -Based Market Rate Of Return
' The City's investment portfolio shall be structured with the objective of yielding a risk -
based market rate of return throughout budgetary and economic cycles. Return on
investment is less important than the safety and liquidity objectives described above.
' The City's Investment Policy does not specify a single benchmark as a goal or target yield
for a rate of return on its investment portfolio. The portfolio's rates of return will be
' influenced by several factors, including actions by the Federal Reserve Board, the
marketplace, and overall economic perceptions and conditions. These factors will not
affect yield during the securities' holding period because the City's buy -and -hold policy
fixes the securities' yield at the time of purchase.
As a basis for comparison only, the Treasurer's monthly reports will display the rates of
return on the three-month Bill, six-month Bill, and one and two-year U.S. Treasury Note,
comparable -period rates for commercial paper, and the yield for the State Treasurer's
Local Agency Investment Fund (LAIF). The Treasurer may use these or any other
' published rates of return that the Treasurer deems appropriate for comparison to the return
on the City's investment portfolio.
V MAXIMUM MATURITIES
It is the City's policy to hold securities and other investments until maturity, thus avoiding the risk
of market value fluctuations with overall market interest rates. This buy -and -hold policy shall not
prevent the sale of a security to minimize loss of principal when an issuer or backer suffers
' declining credit worthiness or when the liquidity needs of the; City require that a security be sold.
The buy -and -hold policy requires that the City's investment portfolio be structured so that
sufficient liquid funds are available from maturing investments and other sources to meet all
reasonably -anticipated cash needs. To meet anticipated cash needs, it is essential that the
Treasurer have reliable, diligently prepared cash flow projections.
Annually, the Treasurer shall project the amount of funds not expected to be disbursed within five
years. For FY 2010/2011, the amount of such funds is projected to be $4 million. Funds up to
' that amount may be invested in U.S. Treasury bills, notes and bonds maturing between 3 and 5
years. For all other funds, investments are limited to three years maximum maturity, with no
more than 25% of surplus funds invested in maturities exceeding two years and less than three
' years.
VI PRUDENCE
The City shall follow the Uniform Prudent Investor Act as adopted by the State of California in
Probate Code Sections 16045 through 16054.
Section 16053 sets forth the terms of a prudent person which are as follows: "Investments shall
be made with judgment and care - under circumstances then prevailing - which persons of
' prudence, discretion, and intelligence exercise in the professional management of their own
affairs, not for speculation, but for investment, considering the probable safety of their capital as
well as the probable income to be derived."
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VII AUTHORITY
Authority to manage the City's investment portfolio is derived from sections 35607 and 35608 of
City Ordinance 3.08.010. Management responsibility for the investment program is delegated to
' the City Treasurer for a period of one year pursuant to the City Council's annual adoption of the
Investment Policy.
The City Treasurer shall establish written procedures for the operation of the investment program
consistent with the Investment Policy. Procedures should include reference to safekeeping, wire
transfer agreements, banking service contracts, and collateral/depository agreements. Such
procedures shall include explicit delegation of authority to persons responsible for investment
transactions. No person may engage in an investment transaction except as provided under the
terms of this Investment Policy and the procedures established by the City Treasurer. The City
' Treasurer shall be responsible for all transactions undertaken and shall establish a system of
controls to regulate the activities of subordinate officials. The City Manager or an Assistant City
Manager shall acknowledge in writing all purchases and sales of investments prior to their
execution by the City Treasurer.
VIII ETHICS AND CONFLICTS OF INTEREST
The City Manager, Assistant City Managers, City Treasurer and city employees involved in the
City's banking and investment process shall conduct the City's business in an ethical manner and
refrain from any activity or relationship that may be, or have the appearance of, a conflict of
interest. Any questionable activity or relationship shall be reported immediately and in compliance
with the procedures set forth in Section 1.40 - Conflicts of Interest and Acceptance of Gifts and
other Gratuities of the City of La Quinta Personnel Manual. Reporting must be made in
accordance with the personnel policies of the City and, until resolved, the officer or employee
' shall refrain from participating in the City's business related to the matter.
The City Manager, Assistant City Managers, City Treasurer and city employees may conduct
' personal business with banks, brokers, and other financial institutions that are authorized to
conduct business with the City provided that the terms of the activity to the accountholder with
the City are the same as those that are available to the public in general.
' IX AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
' The City Treasurer maintains a listing of financial institutions which are approved for direct
investment purposes. In addition a list will also be maintained of approved broker/dealers selected
by credit worthiness, who maintain an office in the State of California.
1. Broker/Dealers who desire to become bidders for direct investment transactions must
supply the City with the following:
► Current audited financial statements;
► Proof of Financial Industry Regulatory Authority (FINRA) Certification;
' ► Trading resolution;
P. Proof of California registration;
► Resume of Financial broker; and
' ► Completion of the City of La Quinta Broker/Dealer questionnaire (see Appendix F)
which contains a certification of having read the City's Investment Policy. 21S
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I
' The City Treasurer shall evaluate the documentation submitted by the broker/dealer and
independently verify existing reports on file for any firm and individual conducting
investment related business.
The City Treasurer will also contact the following agencies during the verification process:
► Financial Industry Regulatory Authority (FINRA) Public Disclosure Report File (1-
800-289-9999).
► State of California Department of Corporations (1-916-445-3062).
' The City Treasurer maintains a listing of financial institutions which are approved for
investment purposes. All Broker/Dealers and financial institutions that provide investment
services will be subject to City Council approval.
1 Each securities dealer shall provide monthly and quarterly reports filed pursuant to U.S. Treasury
Department regulations. Each mutual fund shall provide a prospectus and statement of additional
' information.
2. Financial Institutions will be required to meet the following criteria in order to receive City
funds for deposit or investment (see Appendix E, "Listing of Approved Financial
Institutions"):
A. Insurance - Public Funds shall be deposited only in financial institutions having
accounts insured by the Federal Deposit Insurance Corporation (FDIC).
B. Collateral - The amount of the City's deposits or investments not insured by the
FDIC —shall be collateralized by securities with market values of 110%, or by
mortgages with market values 1 50%, of the amount of invested funds plus unpaid
interest earnings.
C. Disclosure - Each financial institution maintaining invested funds in excess of the
FDIC insured amount shall furnish the City a copy of the most recent Call Report.
The City shall not invest in excess of the FDIC insured amount in banking
institutions which do not disclose to the city a current listing of securities pledged
for collateralization in public monies.
X PERMISSIBLE DEPOSITS AND INVESTMENTS
Permissible deposits and investments are summarized below. A more comprehensive list is
included in Appendix A.
Permissible Investments and Limitations
(See Appendix A for Additional Information)
Maximum
Allocation
Maximum
Maturity
Restrictions
Current /
Sweep Account:
Checking & Savings Accounts FDIC Insured & Sweep Accounts
85 % Portfolio
On Demand
U.S. Treasuries
and/or GSE's
— $250,000,
Certificates of Deposit
60% Portfolio
3 Years
including interest
per institution
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1
Permissible Investments and Limitations
Maximum
Maximum
Restrictions
(See Appendix A for Additional Information)
Allocation
Maturity
U.S. Treasury Bills, Notes and Bonds, and Government National
100 % Portfolio
3 Years
"$4,0000,000
Mortgage Association (GNMA) Securities
maturing 3-5 Yrs
U.S. Government Agency Securities and Federal Government Securities
(except collateralized mortgage obligations (CMO's) or structured notes
which contain embedded rate options):
- Federal National Mortgage Association (FNMA)
$20,000,000
3 Years
- Federal Home Loan Bank Notes & Bonds (FHLB)
$25,000,000
3 Years
- Federal Farm Credit Bank (FFCB)
$30,000,000
3 Years
- Federal Home Loan Mortgage Corporation (FHLMC)
$20,000,000
3 years
Prime Commercial Paper including Temporary Liquidity Guarantee
15 % Portfolio
90 Days
$5,000,000 per
Program (TLGP)
issuer maximum.
Loral Agency Investment Fund (LAIF)
30% Portfolio
Current /
On Demand
$40 million
per account.
Money market mutual funds regulated by the SEC that consist only of US
20% Portfolio
Current /
Maintain $1 per
Treasury Securities or GSE's and maintain a par value of $1 per share
On Demand
share par value
$5,000,000 max
Corporate Notes
10%
3 Years
per issuer AA
rated or better
$10,000,000 max
Corporate Notes - Temporary Liquidity Guarantee Program (TLGP)
20%
3 Years
per issuer, AA
rated or better.
Requires
Professionally Managed Account
10 %
3 Years
City Council -
Approved RFP
1. Checking, Savings, and Sweep Accounts — The City will only maintain checking, savings,
and sweep accounts with FDIC insured financial institutions. As authorized by the City
Council, a U.S. Treasury and/or U.S. Agency Securities Money Market Sweep Account
with a $50,000 target balance may be maintained in conjunction with the checking
account.
2. Certificates of Deposit - As authorized in Government: Code Section 53649, Certificates of
Deposit are fixed term investments which are required to be collateralized from 110% to
150% depending on the specific security pledged as collateral in accordance with
Government Code Section 53652. There are no portfolio limits on the amount or maturity
for this investment vehicle.
Collateralization will be required for Certificates of Deposits in excess of the FDIC insured
amount. The type of collateral is limited to City authorized investments. Collateral will
always be held by an independent third party from the institution that sells the Certificates
of Deposit to the City. Evidence of compliance with State Collateral ization policies must
be supplied to the City and retained by the City Treasurer as follows:
A. Certificates of Deposits Insured by the FDIC: The City Treasurer may waive
collateralization of a deposit that is federally insured.
B. Certificates of Deposit in excess of FDIC Limits: The amount not federally insured
shall be 110% collateralized securities or 150% mortgages market value of that
amount of invested funds plus unpaid interest earnings.
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9
tThe City's Investment Policy limits the percentage of Certificates of Deposit to 60% of the
' portfolio.
➢ The City does not allow investments in CDAB's or negotiable (secondary market)
certificates of deposit.
3. U.S. Treasury Bills, Notes, and Bonds and Government National Mortgage Associations
(GNMA) securities - The City may invest in U.S. Treasury bills, notes, and bonds, and
GNMA securities directly issued and backed by the full faith and credit of the U.S.
Government. The City's Investment Policy limits investments in U.S. Treasury issues and
GNMA's to 100% of the portfolio.
➢ The City's Investment Policy does not allow investments in local and state
indebtedness.
4. U.S. Government Agency Securities and Federal Government Securities - The City may
invest in securities issued by U.S. Government instrumentalities and agencies (commonly
referred to as government sponsored enterprises or GSE's). These securities are not
backed by the full faith and credit of the U.S. Government. Publicly owned GSE's include
Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation
(FHLMC) and Student Loan Marketing Association (SLMA). Non -publicly owned GSE's
include the Federal Home Loan Bank (FHLB), Federal Farm Credit Bank (FFCB), Federal
Land Bank (FLB) and Federal Intermediate Credit Bank (FICB).
The City's Investment Policy allows investment only in securities of FNMA, FHLMC, FHLB
and FFCB. For Fiscal Year 2010/2011, the maximum face amount per issuer is $20
million for FNMA and FHLMC, $25 million for FHLB and $30 million for FFCB. In addition,
no more than 30% of the portfolio surplus may be invested in all GSE's combined with a
maximum $10 million face amount per purchase.
f5. Prime Commercial Paper - As authorized in Government Code Section 53601(g), a portion
of the City's portfolio may be invested in commercial paper of the highest rating (A-1 or P-
1) as rated by Moody's or Standard and Poor's. There are a number of other qualifications
regarding investments in commercial paper based on the financial strength of the
corporation and the size of the investment. The City's Investment Policy permits
' investments in commercial paper with the following limitations:
A. Maximum 1 5% of the portfolio.
' B. Maximum maturity of 90 days.
C. Maximum of $5 million per issuer.
' These limitations are more restrictive than the State code allowed amounts of 25% of the
total portfolio with maturities up to 270 days with no per -issuer limitations.
The City is also permitted to invest in commercial paper issued under the FDIC Temporary
Liquidity Guarantee Program subject to the aforementioned commercial paper limitations.
6. State Treasurer's Local Agency Investment Fund (LAIF) - As authorized in Government
Code Section 16429.1 and by LAIF procedures, local government agencies are each
authorized to invest a maximum of $50 million per account in this investment program
' administered by the California State Treasurer.
The City Treasurer may not invest more than $40 million per account in LAIF.
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10
' The City's investment in LAIF is allowable as long as the average maturity of its
' investment portfolio does not exceed two years, unless specific approval is authorized by
the City Council. The City has two accounts with LAIF and limits investment to 30% of
the portfolio.
' 7. Money Market Mutual Funds - As authorized in Government Code Section 53601(k), local
agencies are authorized to invest in shares of beneficial interest issued by diversified
management companies (mutual funds) in an amount: not to exceed 20% of the agency's
' portfolio. There are a number of other qualifications and restrictions regarding allowable
investments in corporate notes and shares of beneficial interest issued by mutual funds
which include (1) attaining the highest ranking or the highest letter and numerical rating
t provided by not less than two of the three largest nationally recognized rating services, or
(2) having an investment advisor registered with the Securities and Exchange Commission
with not less than five years' experience investing in the securities and obligations and
' with assets under management in excess of five hundred million dollars ($500,000,000)•
The City's Investment Policy only allows investments in mutual funds that are money
market funds maintaining a par value of $1 per share that invest in direct issues of the
U.S. Treasury and/or US Agency Securities with an average maturity of their portfolio not
exceeding 90 days and the City limits such investments to 20% of the portfolio.
' 8. Corporate Notes - As authorized in Government Code Section 53601 (j), local agencies
may invest in corporate notes. The notes must be issued by corporations organized and
' operating in the United States or by depository institutions licensed by the United States
or any other state and operating in the United States. The City's Investment Policy allows
investment in corporate notes authorized by the Government Code with the following
' limitations:
► Maturities shall not exceed three years from date of purchase.
' ► Eligible notes shall be regularly quoted and traded in the marketplace.
► Eligible notes shall be rated "AA"or better.
► Total investment shall not exceed 10% of the portfolio for non- Temporary
t Liquidity Guarantee Program (TLGP) Corporate Notes and 20% of the portfolio for
TLGP Corporate Notes, and
► The maximum aggregate investment shall not exceed $5 million face amount for
' each issuer.
This is more restrictive than the State code allowed amounts of 30% of the total portfolio
twith maturities up to five years with no per -issuer limitations.
The City is also permitted to invest in corporate notes issued under the FDIC
' Temporary Liquidity Guarantee Program subject to the aforementioned corporate note
limitations, except that corporate notes issued under the Temporary Liquidity Guarantee
Program or otherwise backed by the United States government shall be limited to 20% of
the portfolio and the maximum aggregate investment for such notes shall not exceed $10
million face amount for each issuer.
' 9. Professionally Managed Account(s) - The City Treasurer may place up to 10% of the
portfolio with a professional portfolio management firm ("PPMF"). The PPMF will be
approved by the City Council based upon the City Treasurer's recommendation pursuant to
' completion of a request for proposal (RFP) as outlined in Appendix G. The PPMF shall
have:
(a) An established professional reputation for asset or investment management;
11 ,,, 223
' (b) Knowledge and working familiarity with State and Federal laws governing and
restricting the investment of public funds;
' (c) Substantial experience providing investment management services to local public
agencies whose investment policies and portfolio size are similar to those of the
City;
' (d) Professional liability (errors and omissions) insurance and fidelity bonding in such
amounts as are required by the City;
(e) Registration with the Securities and Exchange Commission under the Investment
Advisers Act of 1940.
Before engagement by the City and except as may be specifically waived or revised, the
' PPMF shall commit to adhere to the provisions of the City's Investment Policy with the
following exceptions:
' (f) The PPMF may be granted the discretion to purchase and sell investment securities
in accordance with Appendix I of this Investment Policy;
(g) The PPMF is not required to adhere to the buy -and -hold policy of the City's
' Investment Policy, and;
(h) The PPMF does not need City Manager or City Treasurer approval to make
permissible investments as detailed in column 8 of Appendix H of this Investment
' Policy.
' X1 INVESTMENT POOLS
There are three (3) types of investment pools:
' ► State -run pools (e.g., LAIF);
► Pools that are operated by a political subdivision where allowed by law and the political
' subdivision is the trustee (e.g., County Pools);
► Pools that are operated for profit by third parties.
' The City's Investment Policy permits investment only in pools authorized in Section X.
' XII PAYMENT AND CUSTODY
The City shall engage qualified third party custodians to act: in a fiduciary capacity to maintain
' appropriate evidence of the City's ownership of securities and other eligible investments. Such
custodians shall disburse funds, received from the City for a purchase, to the broker, dealer or
seller only after receiving evidence that the City has legal, record ownership of the securities.
t Even though ownership is evidenced in book -entry form rather than by actual certificates, this
procedure is commonly accepted as the delivery versus payment (DVP) method for the transfer of
securities.
' XIII INTEREST EARNING DISTRIBUTION POLICY
Interest earnings are generated from pooled investments and specific investments.
1. Pooled Investments - It is the general policy of the City to pool all available operating cash
of the City of La Quinta, La Quinta Redevelopment Agency and La Quinta Financing and
Housing Authorities and allocate interest earnings, in the following order, as follows:
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A. Payment to the General Fund of an amount equal to the total annual bank service
charges as incurred by the general fund for all operating funds as included in the
annual operating budget.
B. Payment to the General Fund of a management fee equal to 5% of the annual
pooled cash fund investment earnings.
C. Payment to each fund of an amount based on the average computerized
daily cash balance included in the common portfolio for the earning period.
2. Specific Investments - Specific investments purchased by a fund shall incur all earnings
and expenses to that particular fund.
XIV INTERNAL CONTROLS AND INDEPENDENT AUDITOR
The City Treasurer shall establish a system of internal controls to accomplish the following
objectives:
► Safeguard assets;
► The orderly and efficient conduct of its business, including adherence to management
policies;
► Prevention or detection of errors and fraud;
► The accuracy and completeness of accounting records; and
► Timely preparation of reliable financial information.
While no internal control system, however elaborate, can guarantee absolute assurance that the
City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable
assurance that management of the investment function meets the City's objectives.
The internal controls shall address the following:
1. Control of collusion. Collusion is a situation where two or more employees are working in
conjunction to defraud their employer.
2. Separation of transaction authority from accounting and record keeping. By separating the
person who authorizes or performs the transaction from the people who record or
otherwise account for the transaction, a separation of duties is achieved.
3. Custodial safekeeping. Securities purchased from any bank or dealer including appropriate
collateral (as defined by State Law) shall be placed with an independent third party for
custodial safekeeping.
4. Avoidance of physical delivery securities. Book entry securities are much easier to
transfer and account for since actual delivery of a document never takes place. Delivered
securities must be properly safeguarded against loss or destruction. The potential for
fraud and loss increases with physically delivered securities.
5. Clear delegation of authority to subordinate staff members. Subordinate staff members
must have a clear understanding of their authority and responsibilities to avoid improper
actions. Clear delegation of authority also preserves the internal control structure that is
13 2' 5
contingent on the various staff positions and their respective responsibilities as outlined in
the Segregation of Major Investment Responsibilities appendices.
6. Written confirmation or telephone transactions for investments and wire transfers. Due to
the potential for error and improprieties arising from telephone transactions, all telephone
transactions shall be supported by written communications or electronic confirmations and
approved by the appropriate person. Written communications may be via fax if on
letterhead and the safekeeping institution has a list of authorized signatures. Fax
correspondence must be supported by evidence of verbal or written follow-up.
7. Development of a wire transfer agreement with the City's bank and third party custodian.
This agreement should outline the various controls, security provisions, and delineate
responsibilities of each party making and receiving wire transfers.
The System of Internal Controls developed by the City, shall be reviewed annually by the
independent auditor in connection with the annual audit of the City's Financial Statements.
The independent auditor's letter on internal control over financial reporting and compliance as it
pertains to cash and investments, if any, shall be directed to the City Manager who will direct the
City Treasurer to provide a written response to the independent auditor's letter. The auditor's
' letter, as it pertains, to cash and investment activities and the City Treasurer's response shall be
provided to the City's Investment Advisory Board for their consideration. Following the
completion of each annual audit, the independent auditor shall meet with the Investment Advisory
' Board and discuss the auditing procedures performed and the review of internal controls for cash
and investment activities.
' See Appendix D, "Segregation of Major Investment Responsibilities."
XV REPORTING STANDARDS
The City Treasurer shall submit a monthly Treasurers Report to the City Council and the
' Investment Advisory Board that includes all cash and investments under the authority of the
Treasurer.
The Treasurer's Report shall summarize cash and investment activity and changes in balances and
include the following:
' ► A certification by the City Treasurer.
► A listing of purchases and sales/maturities of investments.
► Cash and Investments categorized by authorized investments, except for LAIF
' which will be provided quarterly and show yield and maturity.
► Comparison of month end actual holdings to Investment Policy limitations.
► Current year and prior year monthly history of cash and investments for trend
' analysis.
► Balance Sheet.
► Distribution of cash and investment balances by fund.
► A year to date historical cash flow analysis and projection for the next six months.
► A two-year list of historical interest rates.
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' XVI FINANCIAL ASSETS AND INVESTMENT ACTIVITY NOT SUBJECT TO THIS POLICY
' The City's Investment Policy does not apply to the following:
► Cash and Investments raised from Conduit Debt Financing;
' ► Funds held in trust in the City's name in pension or other post -retirement benefit
programs;
► Cash and Investments held in lieu of retention by banks or other financial
' institutions for construction projects;
► Short or long term loans made to other entities by the City or Agency; and
Short term (Due to/from) or long term (Advances from/to) obligations made
' either between the City and its funds or between the City and Agency.
XVII INVESTMENT OF BOND PROCEEDS
1 The City's Investment Policy shall govern bond proceeds and bond reserve fund investments.
California Code Section 5922 (d) governs the investment of bond proceeds and reserve funds in
' accordance with bond indenture provisions which shall be structured in accordance with the
City's Investment Policy.
' Arbitrage Requirement - The US Tax Reform Act of 1986 requires the City to perform arbitrage
calculations as required and return excess earnings to the US Treasury from investments of
proceeds of bond issues sold after the effective date of this law. These arbitrage calculations
' may be contracted with an outside source to provide the necessary technical assistance to
comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept
segregated from other funds and records will be kept in a fashion to facilitate the calculations.
' The City's investment position relative to the new arbitrage restrictions is to continue pursuing
the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It
t is the City's position to continue maximization of yield and to rebate excess earnings, if
necessary.
' XVIII INVESTMENT ADVISORY BOARD - CITY OF LA QUINTA
t The Investment Advisory Board (IAB) is a standing board composed of five members from the
public that are appointed by the City Council. Background information will be requested and
potential candidates must agree to a background check and verification. On an annual basis, in
' conjunction with the Political Reform Act disclosure statutes, or at any time if a change in
circumstances warrants, each board member will provide the City Council with a disclosure
statement which identifies any matters that have a bearing on the appropriateness of that
' member's service on the board. All board members shall report annually to the City Clerk on
Form 700, Statement of Economic Interests, any activities, interests, or relationships that may be,
or have the appearance of, a conflict of interest.
The IAB must meet at least quarterly, but usually meets monthly, to
1. Review at least annually the City's Investment Policy and recommend appropriate
changes;
2. Review monthly treasury report and note compliance with the Investment Policy and
adequacy of cash and investments for anticipated obligations;
3. Receive and consider other reports provided by the City Treasurer;
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' 4. Meet with the independent auditor after completion of the annual audit of the City's
financial statements, and receive and consider the auditor's comments on auditing
' procedures, internal controls and findings for cash and investment activities, and;
5. Serve as a resource for the City Treasurer on matters such as proposed investments,
internal controls, use or change of financial institutions, custodians, brokers and dealers.
' The IAB will report to the City Council after each meeting either in person or through
correspondence at a regular City Council meeting. See Appendix B: "Investment Advisory Board
' Provisions".
XIX INVESTMENT POLICY ADOPTION
The City's Investment Policy will be reviewed annually by the City's Investment Advisory Board
' and the City Treasurer. The Investment Advisory Board will forward the Investment Policy with
any revisions to the City Manager and City Attorney for their review and comment. A joint
meeting will be held with the Investment Advisory Board, City Manager, City Attorney, and City
' Treasurer to review the Investment Policy and any comments prior to submission to the City
Council for their consideration.
' The Investment Policy shall be adopted by resolution of the City Council annually before the end
of June of each year.
16
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.. 230
Appendix B
City of La Quinta Municipal Code
Chapter 2.70
INVESTMENT ADVISORY BOARD PROVISIONS
Sections:
2.70.010
General Rules Regarding Appointment.
2.70.020
Board meetings.
2.70.030
Board functions.
2.70.010 General rules regarding appointment
A. Except as set out below, see Chapter 2.06 for General Provisions.
B. The Investment Advisory Board (the "board") is a standing board composed of five (5)
members from the public that are appointed by city council.
C. Applicants for the board should have a background in finance, preferably with knowledge
and/or experience in markets, controls and accounting for securities. Background information will
be requested and potential candidates must agree to a background check and verification.
D. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at
any time if a change in circumstances warrants, each board member will provide the City Council
with a disclosure statement which identifies any matters that have a bearing on the
appropriateness of that member's service on the board. Such matters may include, but are not
limited to, changes in employment, changes in residence, or changes in clients.
E. To promote continuity, the expiration of the terms of the members of the board shall be
staggered. The term of service is three years, with one or two terms expiring each year.
2.70.020 Board meetings.
The Board usually will meet monthly, but this schedule may be extended to quarterly
meetings upon the concurrence of the Board and the City Council. The specific meeting dates will
be determined by the Board Members and meetings may be called for on an as needed basis.
2.70.030 Board functions.
A. The principal functions of the Board are: (1) review at least annually the City's Investment
Policy and recommend appropriate changes; (2) review monthly Treasury Report and note
compliance with the Investment Policy and adequacy of cash and investments for anticipated
obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with
the independent auditor after completion of the annual audit of the City's financial statements, and
receive and consider the auditor's comments on auditing procedures, internal controls, and findings
for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters
such as proposed investments, internal controls, use or change of financial institutions, custodians,
brokers and dealers.
B. The Board will report to the City Council after each meeting either in person or through
correspondence at a regular City Council meeting.
19
N- 231
1
City of La Quinta Municipal Code
tChapter 3.08
INVESTMENT OF MONEYS AND FUNDS
' Sections:
' 3.08.010 Investment of city moneys and deposit of securities.
3.08.020 Authorized investments.
' 3.08.030 Sales of securities.
3.08.040 City bonds.
3.08.050 Reports.
' 3.08.060 Deposits of securities.
3.08.070 Trust fund administration.
Appendix C
' 3.08.010 Investment of city moneys and deposit of securities.
Pursuant to, and in accordance with, and to the extent allowed by, Sections
53607 and 53608 of the Government Code, the authority to invest and reinvest
' moneys of the city, to sell or exchange securities, and to deposit them and provide for
their safekeeping, is delegated to the city treasurer. (Ord. 2 § 1 (part), 1982)
' 3.08.020 Authorized investments.
Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is
' authorized to purchase, at their original sale or after they have been issued, securities
which are permissible investments under any provision of state law relating to the
investing of general city funds, including but not limited to Sections 53601 and 53635 of
' the Government Code, as said sections now read or may hereafter be amended, from
moneys in his custody which are not required for the immediate necessities of the city
and as he may deem wise and expedient, and to sell or exchange for other eligible
' securities and reinvest the proceeds of the securities so purchased. (Ord. 2 § 1 (part),
1982)
' 3.08.030 Sales of Securities.
From time to time the city treasurer shall sell the securities in which city moneys have
been invested pursuant to this chapter, so that the proceeds may, as appropriate, be
' applied to the purchase for which the original purchase money may have been designated
or placed in the city treasury. (Ord.2 § I (part),
' 3.08.040 City bonds.
Bonds issued by the city and purchased pursuant to this chapter may be cancelled
' either in satisfaction of sinking fund obligations or otherwise if proper and appropriate;
provided, however, that the bonds may be held uncancelled and while so held may be
resold. (Ord. 2 § 1 (part), 1982)
20
p, 232
3.08.050 Reports.
The city treasurer shall make a monthly report to the city council of all investments
made pursuant to the authority delegated in this chapter. (Ord. 2 § 1 (part), 1982)
3.08.060 Deposits of securities.
' Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is
authorized to deposit for safekeeping, the securities in which city moneys have been
invested pursuant to this chapter, in any institution or depository authorized by the terms
' of any state law, including but not limited to Section 53608 of the Government Code as
it now reads or may hereafter be amended. In accordance with said section, the city
treasurer shall take from the institution or depository a receipt for the securities so
' deposited and shall not be responsible for the securities delivered to and receipted for by
the institution or depository until they are withdrawn therefrom by the city treasurer.
(Ord. 2 § 1 (part), 1982
' 3.08.070 Trust fund administration.
' Any departmental trust fund established by the city council pursuant to Section
36523 of the Government Code shall be administered by the city treasurer in accordance
with Section 36523 and 26524 of the Government code and any other applicable
provisions of law. (Ord. 2 § 1 (part), 1982)
21 h, ,
233
Appendix D
SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES
Function
Responsible Parties
Develop and Recommend Modifications
Investment Advisory Board
to City's Formal Investment Policy
and City Treasurer
Review City's Investment Policy
City Manager
and Recommend City Council Action
and City Attorney
Adopt Formal Investment Policy
City Council
Implement Formal Investment Policy
City Treasurer
Review Financial Institutions & Select Investments
City Treasurer
Acknowledge Investment Selections
City Manager or an
Assistant City Manager
Execute Investment transactions
City Treasurer or City Manager
Confirm Wires (if applicable)
Accounting Manager or
Financial Services Assistant
Record Investment Transactions in City's
Accounting Manager or
Accounting Records
Financial Services Assistant
Investment Verification (match broker confirmation
City Treasurer and Financial
to City investment records)
Services Assistant
Reconcile Investment Records
to Accounting Records and Bank Statements
Financial Services Assistant
Reconcile Investment Records
to Treasurers Report of Investments
Accounting Manager
Security of Investments at City
Accounting Manager or Senior
Secretary
Security of Investments outside City
Third Party Custodian
Review Internal Control Procedures
External Auditor
22
234
Appendix E
LISTING OF APPROVED FINANCIAL INSTITUTIONS
1. Banking Services Wells Fargo Bank, Government Services,
Los Angeles, CA
2. Custodian Services Bank of New York/Mellon, Los Angeles,
CA
3. Deferred Compensation
International City/County Management
Association Retirement Corporation
4. Broker/Dealer Services
Banc of America Securities, San
Francisco, CA
Morgan Stanley, San Rafael, CA
CitiGroup, Costa Mesa, CA
5. Government Pool
State of California Local Agency
Investment Fund
City of La Quinta Account
La Quinta Redevelopment Agency Account
6. Bond Trustees
1991 City Hall Revenue Bonds - US Bank
1991 RDA Project Area 1 -US Bank
1992 RDA Project Area 2 - US Bank
1994 RDA Project Area 1 -US Bank
1998 RDA, Project Area 1 &2 — US Bank
2001 RDA Project Area 1 — US Bank
2002 RDA Project Area 1 — US Bank
2003 RDA Project Area 1 — US Bank
Assessment Districts — US Bank
No Changes to this listing may be made without City Council approval
23
p., 235
1
2
3.
4.
BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION
Name of Firm:
Address:
Telephone: (_) ( )
Broker's Representative to the City (attach resume):
Name:
Appendix F
Title:
Telephone: I—)
5. Manager/Partner-in-charge (attach resume):
Name:
Title:
Telephone:
6. List all personnel who will be trading with or quoting securities to City employees (attach
resume)
Name:
Title:
Telephone:
7. Which of the above personnel have read the City's Investment Policy?
8. Which instruments are offered regularly by your local office? (Must equal 100%)
U.S. Treasuries % Repos
% BA's % Reverse Repos
% Commercial Paper % CMO's
% CD's % Derivatives
% Mutual Funds % Stocks/Equities
Agencies (specify): % Other (specify):
9. References -- Please identify your most directly comparable public sector clients in our
geographical area.
Entity Entity
Contact Contact
24
p,.' 236
Telephone (�
Client Since
Telephone; (�
Client Since
10. Have any of your clients ever sustained a loss on a securities transaction arising from a
misunderstanding or misrepresentation of the risk characteristics of the instrument? If so,
explain.
11. Has your firm or your local office ever been subject to a regulatory or state/ federal
' agency investigation for alleged improper, fraudulent, disreputable or unfair activities
related to the sale of securities? Have any of your employees been so investigated? If
so, explain.
' 12. Has a client ever claimed in writing that you were responsible for an investment loss?
' Yes No If yes, please provide action taken
' Has a client ever claimed in writing that your firm was responsible for an investment
loss? Yes No If yes, please provide action taken
' Do you have any current or pending complaints that are unreported to FINRA?
Yes No If yes, please provide action taken
' Does your firm have any current, or pending complaints that are unreported to FINRA?
Yes No If yes, please provide action taken
13. Explain your clearing and safekeeping procedures, custody and delivery process.
1
' Who audits these fiduciary responsibilities?
Latest Audit Report Date
' 25
14. How many and what percentage of your transactions failed?
Last month? % $
Last year? % $
15. Describe the method your firm would use to establish capital trading limits for the City of
La Quinta.
' 16.
' 17
Is your firm a member in the S.I.P.C. insurance program? Yes
If yes, explain primary and excess coverage and carriers.
What portfolio information, if any, do you require from your clients?
Iffil
' 18. What reports and transaction confirmations or any other research publications will the City
' receive?
' 19. Does your firm offer investment training to your clients? Yes No
20, Does your firm have professional liability insurance? Yes No
' If yes, please provide the insurance carrier, limits and expiration date.
' 21. Please list your FINRA/NASD Registration Number_
22. Do you have any relatives who work at the City of La Quinta?
Yes No If yes, Name and Department
23. Do you maintain an office in California? Yes No
' 24. Do you maintain an office in La Quinta or Riverside County? Yes No
' 25. Please enclose the following:
► Latest audited financial statements.
► Samples of reports, transaction confirmations and any other research/publications the
' City will receive.
► Samples of research reports and/or publications that your firm regularly provides to
clients.
► Complete schedule of fees and charges for various transactions.
' 26 23�
I
`CERTIFICATION'
*CERTIFICATION
I hereby certify that I have personally read the Statement of Investment Policy of the City of La
Quinta, and have implemented reasonable procedures and a system of controls designed to
preclude imprudent investment activities arising out of transactions conducted between our firm
and the City of La Quinta. All sales personnel will be routinely informed of the City's investment
objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the
City. We pledge to exercise due diligence in informing the City of La Quinta of all foreseeable
risks associated with financial transactions conducted with our firm.
By signing this document the City of La Quinta is authorized to conduct any and all background
checks.
Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of
my knowledge.
Broker Representative
Date Title_
Sales Manager and/or Managing Partner*_
Date Title
11
' 27
I
Appendix G
Request for Proposals
Professional Portfolio Management Firm
City of La Quinta, CA
The City of La Quinta, CA is soliciting Requests for Proposals (RFP) from interested firms for the
provision of a discretionary investment management services for City of La Quinta, CA. The
portfolio to be managed of the invested assets is will be approximately 10% of the City's
investment portfolio and will be invested between 0 - 3 years.
The investment of City of La Quinta, CA's funds is guided by the applicable State statutes and
the City of La Quinta, CA's investment policy. A copy of the investment policy is attached for
your information.
Questions regarding this RFP should be directed to:
Name:
Title`.
City of:
Address:
City, State, Zip Code
Phone Number:
John M. Falconer
Finance Director/Treasurer
La Quinta, CA
P.O. Box 1504
La Quinta, CA 92247-1504
(760)777-7150
I. CRITERIA FOR EVALUATION AND SELECTION
■ Experience of the firm in providing services to public sector entities of similar size
and with similar investment objectives;
■ Professional experience and qualifications of the individuals assigned to the
account;
■ Portfolio management resources, investment philosophy and approach;
■ Responsiveness to the RFP, communicating an understanding of the overall
program and services required;
■ Reporting capabilities;
■ Fees.
IL SELECTION TIMETABLE
A. [Month, Day and Year] Proposals due by [Time] PST.
B. [Month, Day and Year] Proposals evaluated: to be determined
C. [Month, Day and Year] [City of La Quinta, CA] [Board/Council] approves selection
and awards contract.
' III. FORMAT FOR PROPOSALS
tPlease format your response to this RFP in the following manner:
A. Organization
28
a..
r•
240
1. Describe your organization, date founded, ownership and other business
affiliations. Provide number and location of affiliated offices. Specify the number
of years your organization has provided investment management service.
I 2. Describe your firm's revenue sources (e.g., investment management, institutional
research, etc.) and comment on your firm's financial condition.
' 3. Within the past three years, have there been any significant developments in your
organization (e.g., changes in ownership, new business ventures)? Do you expect
any changes in the near future?
' 4. Describe any U.S. Securities and Exchange Commission (SEC) censures or litigation
involving your organization, any officer, or employee at any time in the last ten
years.
' 5. Describe the firm's fiduciary liability and/or errors and omissions insurance
coverage. Include dollar amount of coverage.
' B. Personnel
' 1. Identify the number of professionals employed by your firm by classification.
2. Provide an organization chart showing function, positions, and titles of all the
' professionals in your organization.
3. Provide biographical information on investment professionals that will be involved
' in the decision -making process for our portfolio, including number of years at your
firm. Identify the person who will be the primary portfolio manager assigned to the
account.
' 4. Describe your firm's compensation policies for investment professionals and
address any incentive compensation programs.
' C. Assets Under Management
' 1. Summarize your institutional investment management asset totals by category for
your latest reporting period in the following table:
Other Restrictive
Number Operating Funds Number of Funds
of Clients Clients
' Governmental $ $
' Governmental Pension S N/A N/A
Non Governmental $ N/A N/A
Pension
29 41
i
Corporate
S N/A N/A
' High Net Worth Client
S N/A N/A
'Endowmental/Foun-
$ N/A N/A
dation
' 2.
Provide the number of separate accounts whose portfolios consist of operating
funds.
' 3.
List in the following table the percentage by market value of aggregate assets
under all governmental accounts under management for your latest reporting
period:
'
Type of Asset Percent by Market
Value
'
U.S. Treasury securities
Federal Agency obligations
'
Corporate securities rated AAA -AA
Corporate securities rated A
Corporate securities rated BBB or
'
lower
Other
(specify )
4.
Describe the procedures that your firm has in place to address the potential or
'
actual credit downgrade of an issuer and to disclose and advise a client of the
situation.
' 5.
Provide data on account/asset growth over the past five years. Indicate the
number of government accounts gained and the number of government accounts
lost.
'
6.
List your five governmental largest clients. Identify those that are exclusively
operating fund relationships and/or those that are other relationships (e.g., bond
'
fund, retirement fund).
7.
Provide a copy of the firm's Form ADV, Parts I and II (including all schedules).
8.
Provide proof of State of California Registration, if your firm is not eligible for SEC
registration.
9.
Provide a sample contract for services.
30
D. Philosophy/Approach
' 1. Describe your firm's investment philosophy for public clients, including your firm's
philosophy regarding average duration, maturity, investment types, credit quality,
' and yield.
2. Describe in detail your investment process, as you would apply it to City of La
' Quinta, CA's portfolio.
3. What are the primary strategies for adding value to portfolios?
' 4. Describe the process you would recommend for establishing the investment
objectives and constraints for this account.
' 5. Describe in detail your process of credit risk management, including how you
analyze credit quality, monitor credits on an ongoing basis, and report credit to
governmental accounts.
6. Describe your firm's trading methodology.
' 7. Describe your firm's decision -making process in terms of structure, committees,
membership, meeting frequency, responsibilities, integration of research ideas, and
portfolio management.
' 8. Describe your research capabilities as they would pertain to governmental
accounts. What types of analysis do you use?
' 9. Describe the firm's approach to managing relationships with the broker -dealer
community.
' E. Portfolio Management
' 1. Are portfolios managed by teams or by one individual?
2. What is the average number of accounts handled per manager?
' 3. Which professional staff member will be the primary client contact for City of La
Quinta, CA?
4. How frequently are you willing to meet with us?
' 5. Describe procedures used to ensure that portfolios comply with client investment
objectives, policies, and bond resolutions.
F. Fees Charged
1. Please include a copy of your firm's fee schedule applicable to this RFP.
' 2. Identify any expenses that would not be covered through this fee structure and
would be required in order to implement the firm's program.
' - 31 243
p ••
3. Is there a minimum annual fee?
' G. Performance Reporting
1. Please report on all accounts under $100 million.
' 2. Please provide performance history for governmental accounts for the last five
years.
' 3. Please provide risk measurements for governmental accounts for the last five
years.
' 4. Indicate whether your returns are calculated and compiled in accordance with
the Association for Investment Management and Research (AIMR/CFA Institute)
standards.
' 5. Do your reports conform to the State of California reporting standards? Are you
willing to customize your reports to meet our specifications?
' 6. How will you notify us of investment transactions?
' 7. Are confirmations of investment transactions sent directly by the broker/dealer to
the client?
8. Do your reports include rating information on investments which is required by
GASB 40?
' H. References
Provide a list of at least five (5) client references in California. References should be
' public agencies with portfolio size and investment objectives similar to City of La Quinta,
CA. Include length of time managing the assets, contact name, and phone number.
' I. Insurance Requirements
Exhibit A defines the insurance requirements that will need to be met prior to the
[Board/Council]'s approval of any agreement for services.
' J. Submittal of proposals
1 . Seven (7) copies of the proposal shall be submitted in a sealed envelope bearing
the caption RFP for (City of La Quinta, CAI and addressed to:
City of La Quinta, CA
P.O. Box 1504
La Quinta, CA 92247-1504
tAttention: John Falconer, Finance Director/Treasurer
2. Proposal must be received no later than [Time] PST on [Month, Day, and Year].
t
32 244
3. Proposals should be verified before submission. The City of La Quinta, CA shall
not be responsible for errors or omissions on the part of the respondent in
preparation of a proposal. The City of La Quinta, CA reserves the right to reject
any and all proposals, to wave any irregularities, or informalities in the
proposals, and to negotiate modifications to any proposal.
Enclosures: Investment Policy
Treasurers Report
1
245
33
1
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34
Appendix I
Investment Management Process and Risk
Except as provided for in Section 27000.3, Government Code Section 53600.3 declares as a trustee
each person, treasurer, or governing body authorized to make investment decisions on behalf of local
agencies. As trustees are subject to the prudent investor standard. These persons shall act with care,
skill, prudence, and diligence under the circumstances then prevailing when investing, reinvesting,
purchasing, acquiring, exchanging, selling, and managing funds. Section 53600.5 further stipulates
that the primary objective of any person investing public funds is to safeguard principal; secondly, to
meet liquidity needs of the depositor; and lastly, to achieve a return or yield on invested funds
(Government Code Section 27000.5 specifies the same objectives for county treasurers and board of
supervisors).
Risk is inherent throughout the investment process. There is investment risk associated with any
investment activity and opportunity risk related to inactivity. Market risk is derived from exposure to
overall changes in the general level of interest rates while credit risk is the risk of loss due to the failure
of the insurer of a security. The market value of a security varies inversely with the level of interest
rates. If an investor is required to sell an investment with a five percent yield in a comparable seven
percent rate environment, that security will be sold at a loss. The magnitude of that loss will depend on
the amount of time until maturity.
Purchasing certain allowable securities with a maturity of greater than five years requires approval of
the governing board (see Government Code Section 53601). Part of that approval process involves
assessing and disclosing the risk and possible volatility of longer -term investments
Another element of market risk is liquidity risk. Instruments with unique call features or special
structures, or those issued by little known companies, are examples of "story bonds" and are often
thinly traded. Their uniqueness often makes finding prospective buyers in a secondary market more
difficult and, consequently, the securities' marketability and price are discounted. However, under
certain market conditions, gains are also possible with these types of securities.
Default risk represents the possibility that the borrower may be unable to repay the obligation as
scheduled. Generally, securities issued by the federal government and its agencies are considered the
most secure, while securities issued by private corporations or negotiable certificates of deposit issued
by commercial banks have a greater degree of risk. Securities with additional credit enhancements,
such as bankers acceptances, collateralized repurchase agreements and collateralized bank deposits are
somewhere between the two on the risk spectrum.
The vast majority of portfolios are managed within a buy and hold policy. Investments are purchased
with the intent and capacity to hold that security until maturity. At times, market forces or operations
may dictate swapping one security for another or selling a security before maturity. Continuous analysis
and fine tuning of the investment portfolio are considered prudent investment management. I•••I
The Government Code contains specific provisions regarding the types of investments and practices
permitted after considering the broad requirement of preserving principal and maintaining liquidity before
seeking yield. These provisions are intended to promote the use of reliable, diverse, and safe investment
instruments to better ensure a prudently managed portfolio worthy of public trust.
' Chapter It. Fund Management
Local Agency Investment Guidelines 2010 Issued by California Debt and Investment Advisory Commission
N
247
35
Appendix J
GLOSSARY
(Adopted from the Municipal Treasurers Association)
The purpose of this glossary is to provide the reader of the City of La Quinta investment
policies with a better understanding of financial terms used in municipal investing.
AGENCIES: Federal agency securities and/or
Government -sponsored enterprises.
ASKED: The price at which securities are offered
BANKERS' ACCEPTANCE (BA): A draft or bill or
exchange accepted by a bank or trust company.
The accepting institution guarantees payment of
the bill, as well as the issuer.
BID: The price offered by a buyer of securities.
(when you are selling securities, you ask for a
bid.) See Offer.
BROKER: A broker brings buyers and sellers
together for a commission.
CERTIFICATE OF DEPOSIT (CD): A time deposit
with a specific maturity evidenced by a
certificate. Large -denomination CD's are typically
negotiable.
COLLATERAL: Securities, evidence of deposit or
other property which a borrower pledges to
secure repayment of a loan. Also refers to
securities pledged by a bank to secure deposits of
public monies.
COMMERCIAL PAPER: Short-term unsecured
promissory notes issued by a corporation to raise
working capital. These negotiable instruments
are purchased at a discount to par value or at par
value with interest bearing. Commercial paper is
issued by corporations such as General Motors
Acceptance Corporation, IBM, Bank America, etc.
COMPREHENSIVE ANNUAL FINANCIAL REPORT
ICAFR►: The official annual report for the City of
La Quinta. It includes five combined statements
for each individual fund and account group
prepared in conformity with GAAP. It also
includes supporting schedules necessary to
demonstrate compliance with finance -related
legal and contractual provisions, extensive
introductory material, and a detailed Statistical
Section.
CONDUIT FINANCING: A form of Financing in
which a government or a government agency
lends its name to a bond issue, although it is
acting only as a conduit between a specific project
and bond holders. The bond holders can look only
to the revenues from the project being financed
for repayment and not to the government or
agency whose name appears on the bond.
COUPON: (a) The annual rate of interest that a
bond's issuer promises to pay the bondholder on
the bond's face value. (b) A certificate attached
to a bond evidencing interest due on a payment
date.
DEALER: A dealer, as opposed to a broker, acts as
a principal in all transactions, buying and selling
for his own account.
DEBENTURE: A bond secured only by the general
credit of the issuer.
DELIVERY VERSUS PAYMENT: There are two
methods of delivery of securities: delivery versus
payment and delivery versus receipt. Delivery
versus payment is delivery of securities with an
exchange of money for the securities. Delivery
versus receipt is delivery of securities with an
exchange of a signed receipt for the securities.
DERIVATIVES: (1) Financial instruments whose
return profile is linked to, or derived from, the
movement of one or more underlying index or
security, and may include a leveraging factor, or
(2) financial contracts based upon notional
amounts whose value is derived from an
underlying index or security (interest rates, foreign
exchange rates, equities or commodities).
DISCOUNT: The difference between the cost price
of a security and its maturity wheno� ifed at
a« L +
36
lower than face value. A security selling below
original offering price shortly after sale also is
considered to be at a discount.
DISCOUNT SECURITIES: Non -interest bearing
money market instruments that are issued a
discount and redeemed at maturity for full face
value, e.g., U.S. Treasury Bills.
DIVERSIFICATION: Dividing investment funds
among a variety of securities offering
independent returns.
FEDERAL CREDIT AGENCIES: Agencies of the
Federal government set up to supply credit to
various classes of institutions and individuals,
e.g., S&L's, small business firms, students,
farmers, farm cooperatives, and exporters.
' 2
FNMAs (Federal National Mortgage
Association) - Like GNMA was chartered
under the Federal National Mortgage
Association Act in 1938. FNMA is a federal
corporation working under the auspices of the
Department of Housing and Urban
Development (HUD). It is the largest single
provider of residential mortgage funds in the
United States. Fannie Mae, as the corporation
is called, is a private stockholder -owned
corporation. The corporation's purchases
include a variety of adjustable mortgages and
second loans, in addition to fixed-rate
mortgages. FNMA's securities are also highly
liquid and are widely accepted. FNMA
assumes and guarantees that all security
holders will receive timely payment of
principal and interest.
FHLBs (Federal Home Loan Bank Notes and
Bonds) - Issued by the Federal Home Loan
Bank System to help finance the housing
industry. The notes and bonds provide
liquidity and home mortgage credit to savings
and loan associations, mutual savings banks,
cooperative banks, insurance companies, and
mortgage -lending institutions. They are
issued irregularly for various maturities. The
minimum denomination is $5,000. The notes
are issued with maturities of less than one
year and interest is paid at maturity.
3. FLBs (Federal Land Bank Bonds) - Long-term
37
mortgage credit provided to farmers by Federal
Land Banks. These bonds are issued at
irregular times for various maturities ranging
from a few months to ten years. The
minimum denomination is $1 ,000. They carry
semi-annual coupons. Interest is calculated on
a 360-day, 30 day month basis.
4. FFCBs (Federal Farm Credit Bank) - Debt
instruments used to finance the short and
intermediate term needs of farmers and the
national agricultural industry. They are issued
monthly with three- and six-month maturities.
The FFCB issues larger issues (one to ten
year) on a periodic basis. These issues are
highly liquid.
5. FICBs (Federal Intermediate Credit Bank
Debentures) - Loans to lending institutions
used to finance the short-term and
intermediate needs of farmers, such as
seasonal production. They are usually issued
monthly in minimum denominations of $3,000
with a nine -month maturity. Interest is
payable at maturity and is calculated on a 360-
day, 30-day month basis.
6. FHLMCs (Federal Home Loan Mortgage
Corporation) - a government sponsored entity
established in 1970 to provide a secondary
market for conventional home mortgages.
Mortgages are purchased solely from the
Federal Home Loan Bank System member
lending institutions whose deposits are insured
by agencies of the United States Government.
They are issued for various maturities and in
minimum denominations of $10,000. Principal
and interest is paid monthly. Other federal
agency issues are Small Business
Administration notes (SBA's), Government
National Mortgage Association notes
(GNMA's), Tennessee Valley Authority notes
(TVA's), and Student Loan Association notes
(SALLIE-MAE's).
FEDERAL DEPOSIT INSURANCE CORPORATION
(FDIC): A federal agency that insures bank
deposits, currently up to $250,000 per deposit
through December 31, 2013.
FEDERAL FUNDS RATE: The rate of interest at
which Fed funds are traded. This rate is currently
pegged by the Federal Reserve through open -
market operations.
FEDERAL HOME LOAN BANKS (FHLB):
Government sponsored wholesale banks
(currently 12 regional banks) which lend funds
and provide correspondent banking services to
member commercial banks, thrift institutions,
credit unions and insurance companies. The
mission of the FHLBs is to liquefy the housing
related assets of its members who must purchase
stock in their district Bank.
FEDERAL OPEN MARKET COMMITTEE (FOMC):
Consists of seven members of the Federal
Reserve Board and five of the twelve Federal
Reserve Bank Presidents. The President of the
New York Federal Reserve Bank is a permanent
member, while the other Presidents serve on a
rotating basis. The Committee periodically meets
to set Federal Reserve guidelines regarding
purchases and sales of Government Securities in
the open market as a means of influencing the
volume of bank credit and money.
FEDERAL RESERVE SYSTEM: The central bank of
the United States created by Congress and
consisting of a seven member Board of Governors
in Washington, D.C., 12 regional banks and about
5,700 commercial banks that are members of the
system.
GOVERNMENT NATIONAL MORTGAGE
ASSOCIATION (GNMA or Ginnie Mae): Securities
influencing the volume of bank credit guaranteed
by GNMA and issued by mortgage bankers,
commercial banks, savings and loan associations,
and other institutions. Security holder is
protected by full faith and credit of the U.S.
Government. Ginnie Mae securities are backed
by the FHA, VA or FMHM mortgages. The term
"pass-throughs" is often used to describe Ginnie
Maes.
LAIF (Local Agency Investment Fund) - A special
fund in the State Treasury which local agencies
may use to deposit funds for investment. There
is no minimum investment period and the
minimum transaction is $5,000, in multiples of
$1,000 above that, with a maximum balance of
$50,000,000 for any agency. The City is
restricted to a maximum of ten transactions per
38
month. It offers high liquidity because deposits
can be converted to cash in 24 hours and no
interest is lost. All interest is distributed to those
agencies participating on a proportionate share
basis determined by the amounts deposited and
the length of time they are deposited. Interest is
paid quarterly. The State retains an amount for
reasonable costs of making the investments, not
to exceed one-half of one percent of the earnings.
LIQUIDITY: A liquid asset is one that can be
converted easily and rapidly into cash without a
substantial loss of value. In the money market, a
security is said to be liquid if the spread between
bid and asked prices is narrow and reasonable size
can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP):
The aggregate of all funds from political
subdivisions that are placed in the custody of the
State Treasurer for investment and reinvestment
MARKET VALUE: The price at which a security is
trading and could presumably be purchased or
sold.
MASTER REPURCHASE AGREEMENT: A written
contract covering all future transactions between
the parties to repurchase --reverse repurchase
agreements that establishes each party's rights in
the transactions. A master agreement will often
specify, among other things, the right of the
buyer -lender to liquidate the underlying securities
in the event of default by the seller -borrower.
MATURITY: The date upon which the principal or
stated value of an investment becomes due and
payable
MONEY MARKET: The market in which short-term
debt instruments (bills, commercial paper,
bankers' acceptances, etc.) are issued and traded.
OFFER: The price asked by a seller of securities.
(When you are buying securities, you ask for an
offer.) See Asked and Bid.
OPEN MARKET OPERATIONS: Purchases and
sales of government and certain other securities in
the open market by the New York Federal Reserve
Bank as directed by the FOMC in order to
influence the volume of money and credit in the
„�. 250
economy. Purchases inject reserves into the
bank system and stimulate growth of money and
credit; sales have the opposite effect. Open
market operations are the Federal Reserve's most
important and most flexible monetary policy tool.
PORTFOLIO: Collection of all cash and securities
under the direction of the City Treasurer,
including Bond Proceeds.
PRIMARY DEALER: A group of government
securities dealers who submit daily reports of
market activity and positions and monthly
financial statements to the Federal Reserve Bank
of New York and are subject to its informal
oversight. Primary dealers include Securities and
Exchange Commission (SEC) -registered securities
broker -dealers, banks and a few unregulated
firms.
QUALIFIED PUBLIC DEPOSITORIES: A financial
institution which does not claim exemption from
the payment of any sales or compensating use or
ad valorem taxes under the laws of this state,
which has segregated for the benefit of the
commission eligible collateral having a value of
not less than its maximum liability and which has
been approved by the Public Deposit Protection
Commission to hold public deposits.
RATE OF RETURN: The yield obtainable on a
security based on its purchase price or its current
market price. This may be the amortized yield to
maturity on a bond the current income return.
REPURCHASE AGREEMENT (RP OR REPO): A
holder of securities sells these securities to an
investor with an agreement to repurchase them
at a fixed price on a fixed date. The security
"buyer" in effect lends the "seller" money for the
period of the agreement, and the terms of the
agreement are structured to compensate him for
this. Dealers use RP extensively to finance their
positions. Exception: When the Fed is said to be
doing RP, it is lending money that is increasing
bank reserves.
REVERSE REPURCHASE AGREEMENTS (RRP or
RevRepo) - A holder of securities sells these
securities to an investor with an agreement to
repurchase them at a fixed price on a fixed date.
The security"buyer" in effect lends the"seller"
money for the period of the agreement, and the
terms of the agreement are structured to
compensate him for this. Dealers use RRP
extensively to finance their positions. Exception:
When the Fed is said to be doing RRP, it is lending
money that is increasing bank reserves.
SAFEKEEPING: A service to customers rendered
by banks for a fee whereby securities and
valuables of all types and descriptions are held in
the bank's vaults for protection.
SECONDARY MARKET: A market made for the
purchase and sale of outstanding issues following
the initial distribution.
SECURITIES & EXCHANGE COMMISSION: Agency
created by Congress to protect investors in
securities transactions by administering securities
legislation.
SEC RULE 15C3-1: See Uniform Net Capital Rule.
STRUCTURED NOTES: Notes issued by
Government Sponsored Enterprises (FHLB, FNMA,
SLMA, etc.) and Corporations which have
imbedded options (e.g., call features, step-up
coupons, floating rate coupons, derivative -based
returns) into their debt structure. Their market
performance is impacted by the fluctuation of
interest rates, the volatility of the imbedded
options and shifts in the shape of the yield curve.
SURPLUS FUNDS: Section 53601 of the California
Government Code defines surplus funds as any
money not required for immediate necessities of
the local agency. The City has defined immediate
necessities to be payment due within one week.
TREASURY BILLS: A non -interest bearing discount
security issued by the U.S. Treasury to finance the
national debt. Most bills are issued to mature in
three months, six months or one year.
TREASURY BONDS: Long-term coupon -bearing
U.S. Treasury securities issued as direct
obligations of the U.S. Government and having
initial maturities of more than 10 years.
TREASURY NOTES: Medium -term coupon -bearing
U.S. Treasury securities issued as direct
251
W
obligations of the U.S. Government and having
initial maturities from two to 10 years.
UNIFORM NET CAPITAL RULE: Securities and
Exchange Commission requirement that member
firms as well as nonmember broker -dealers in
securities maintain a maximum ratio of
indebtedness to liquid capital of 15 to 1; also
called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm,
including margin loans and commitments to
purchase securities, one reason new public issues
are spread among members of underwriting
syndicates. Liquid capital includes cash and
assets easily converted into cash.
UNIFORM PRUDENT INVESTOR ACT: The State
of California has adopted this Act. The Act
contains the following sections: duty of care,
diversification, review of assets, costs,
compliance determinations, delegation of
investments, terms of prudent investor rule, and
application.
YIELD: The rate of annual income return on an
investment, expressed as a percentage. (a)
INCOME YIELD is obtained by dividing the current
dollar income by the current market price for the
security. (b) NET YIELD or YIELD TO MATURITY
is the current income yield minus any premium
above par or plus any discount from par in
purchase price, with the adjustment spread over
the period from the date of purchase to the date
of maturity of the bond.
�. 252
M
A l l AUHIVItIV I L
CITY OF LA QUINTA
Investment Policy
Fiscal Year 2010/2011
Table of Contents
Section
Topic
Page
Executive Summary
2
1
General Purpose
4
II
Investment Policy
4
III
Scope
4
IV
Objectives
4
► Safety of Principal
► Provide Liquidity
► Yield A Risk -Based Market Rate Of Return
V
Maximum Maturities
6
VI
Prudence
6
VII
Authority
7
Vill
Ethics and Conflicts of Interest
7
IX
Authorized Financial Dealers and Institutions
7
► Broker/Dealers
► Financial Institutions
X
Permissible Deposits and Investments
8
XI
Investment Pools
12
XII
Payment and Custody
12
XIII
Interest Earning Distribution Policy
12
XIV
Internal Controls and Independent Auditors
13
XV
Reporting Standards
14
XVI
Financial Assets and Investment Activity Not Subject to this Policy
15
XVII
Investment of Bond Proceeds
15
XIII
Investment Advisory Board - City of La Quinta
15
XIX
Investment Policy Adoption
16
Appendices Topic
Page
A
Summary of Permissible Deposits and Investments
17
B
City of La Quinta Municipal Code Ordinance 2.70 - Investment Advisory Board
19
C
City of La Quinta Municipal Code Ordinance 3.08 - Investment of Moneys and Funds20
D
Segregation of Major Investment Responsibilities
22
E
Listing of Approved Financial Institutions
23
F
Broker/Dealer Questionnaire and Certification
24
G
Request for Proposal for Professional Portfolio Management Firm
28
H
Permissible Investment Chart — Professional Portfolio Management Firm
34
1
Investment Management Process and Risk
35
J
Glossary
36
». 253
1
CITY OF LA QUINTA
Investment Policy
Fiscal Year 2010/2011
Executive Summary
The general purpose of this Investment Policy is to provide the rules and standards that must be
followed in administering the City of La Quinta's deposits and investments.
The City's Investment Policy conforms to all state and local statutes and applies to all deposits
and investments of the City of La Quinta, City of La Quinta Redevelopment Agency, and the
City of La Quinta Financing na f Cou nisr g Authority'es' (the"City").
It is the City's policy to deposit and invest public funds in a manner that shall provide:
► Safety of principal;
► Liquidity to meet all of the City's obligations and requirements that may be reasonably
anticipated;
► A risk -based market rate of return.
It is the City's policy to hold securities and other investments until maturity. This buy -and -hold
policy shall not prevent the sale of a security to minimize loss of principal when an issuer or
backer suffers declining credit worthiness or when the liquidity needs of the portfolio require
that a security be sold.
Authority to manage the City's investment portfolio is derived from the City Ordinance.
Management responsibility for the investment program is delegated to the City Treasurer, who
shall establish and implement written procedures for the operation of the City's investment
program consistent with the Investment Policy. The Treasurer shall establish and implement a
system of internal controls to accomplish the following objectives:
► Safeguard assets;
► The orderly and efficient conduct of its business, including adherence to all City
management policies;
► Prevention or detection of errors and fraud;
► The accuracy and completeness of accounting records;
► Timely preparation of reliable financial information.
The System of Internal Controls developed by the City Treasurer shall be reviewed annually by the
independent auditors in connection with the annual audit of the City's Financial Statements.
The City Manager, Assistant City Managers, City Treasurer and city employees involved in the
City's banking and investment process shall conduct the City's business in an ethical manner and
refrain from any activity or relationship that may be, or have the appearance of, a conflict of
interest.
The City Treasurer maintains a listing of financial institutions which are approved for investment
purposes. All Broker/Dealers and financial institutions that provide investment services will be
subject to City Council approval.
The Treasurer will be permitted to invest only in the permissible deposits and investments
described in Section X and Appendix A up to the specified maximum allowable percentages
2
and/or dollar limitations and, where applicable, through the bid process requirements. Permissible
deposits and investments include, in general:
► FDIC -Insured Checking, Savings, and Sweep Accounts;
► Certificates of Deposit;
► U.S. Government Agency Securities and Federal Government Securities;
► Prime Commercial Paper;
► Local Agency Investment Fund (LAIF);
► Money Market Mutual Funds;
► Corporate Notes;
► Professionally Managed Accounts.
The City's deposits and investments are generally limited to three years' maximum maturity.
However, the projected amount of funds not expected to be disbursed within five years may be
invested in U.S. Treasury bills, notes and bonds maturing between three and five years.
The City's Investment Policy does not specify a single benchmark as a goal or target yield for a
rate of return on its investment portfolio. As a basis for comparison only, the Treasurer's
monthly report will display the rates of return on the three-month Bili, six-month Biel, and the one
and two-year U.S. Treasury OWizloYe, comparable -period rates for commercial paper, and the
yield for the State Treasurer's Local Agency Investment Fund (LAIF).
The Investment Policy shall be adopted by resolution of the La Quinta City Council on an annual
basis. The Investment Policy will be adopted before the end of June of each year.
This Executive Summary is only an overview of the City's Investment Policy. Reading this
summary does not constitute a complete review, which can only be accomplished by reviewing all
of the pages herein.
M• 255
3
City of La Quinta
Statement of Investment Policy
July 1, 2010 through June 30, 2011
Adopted by the City Council on June 15, 2010
GENERAL PURPOSE
The general purpose of this document is to provide the rules and standards that must be followed
in administering the City of La Quinta's deposits and investments.
II INVESTMENT POLICY
It is the policy of the City of La Quinta to deposit and invest public funds in a manner that shall
provide:
➢ Safety of principal;
➢ Liquidity to meet all of the City's obligations and requirements that may be reasonably
anticipated;
➢ A risk -based market rate of return.
The Investment Policy conforms to all State and local statutes governing the investment of public
funds and sets forth the permissible deposits and investments of the City's funds and the
limitations thereon.
III SCOPE
Except as further detailed in Section XVII, this Investment Policy applies to all deposits and
investments of the City of La Quinta, City of La Quinta Redevelopment Agency and the City of La
Quinta Financing andljHousirg Authorityies (hereafter referred to in this document as the "City").
These funds are reported in the City's Comprehensive Annual Financial Report (CAFR) and include
all funds within the following fund types:
► General
► Special Revenue
► Capital Projects
► Debt Service
► Enterprise
► Internal Service
► Trust and Agency
► Any new fund types and fund(s) that may be created.
IV OBJECTIVES
The objectives of the City's investment activity, in order of priority and importance, are:
1. Safety of Principal
Safety of principal is the foremost objective of the City's investment program.
4 256
Investments shall be undertaken in a manner that seeks to ensure the preservation of
principal of the overall portfolio in accordance with the permissible deposits and
investments.
The City shall endeavor to preserve its investment principal by making only permissible
deposits and investments, undertaken in a controlled manner to minimize the possibility of
loss or misappropriation through malfeasance or otherwise. Investments not backed by
the full faith and credit of the United States Government shall be diversified by allocating
assets between different types of permissible investments, maturities, and issuers as a
means to mitigate credit risk and interest rate risk.
A. Credit Risk is the risk of loss from the failure of the security issuer or backer.
Credit risk may be mitigated by:
► Limiting investments to investment grade securities as permitted in Section X;
► Diversifying the issuers of the securities in the investment portfolio so that
potential losses due to issuer failure or individual securities downgrades may be
minimized.
B. Interest Rate Risk is the risk that market values of securities in the portfolio will
decline due to changes in general interest rates. Interest rate risk may be mitigated
by:
► Structuring the investment portfolio so that securities mature to meet cash
requirements for ongoing operations, thereby avoiding the need to sell securities
on the open market prior to maturity; and
► Investing operating funds primarily in shorter -.term securities.
C. Liquidity Risk is the risk that a security cannot be liquidated because of its unique
features or structure or because it is thinly traded. Liquidity risk is not a material
issue for the City's portfolio because of the permissible deposits and investments
(see Section X) and because the City maintains a buy -and -hold policy and holds
securities and other investments to maturity. A discussion of the City's investment
process and risk is presented in Appendix I.
2. Provide Liquidity
The investment portfolio shall remain sufficiently liquid to meet all of the City's cash needs
that may be reasonably anticipated. This is accomplished by structuring the portfolio so
that sufficient liquid funds are available to meet anticipated demands. Furthermore, since
all possible cash needs cannot be anticipated the portfolio should be diversified and
consist of securities with active secondary or resale markets.
The City's policy is to hold securities and other investments to maturity. Accordingly,
securities shall not be sold prior to maturity with the following exceptions:
► A security with declining credit quality can be sold early to minimize loss of
principal;
► Unanticipated liquidity needs of the portfolio require that one or more securities be
sold.
257
Ey
3. Yield A Risk -Based Market Rate Of Return
The City's investment portfolio shall be structured with the objective of yielding a risk -
based market rate of return throughout budgetary and economic cycles. Return on
investment is less important than the safety and liquidity objectives described above.
The City's Investment Policy does not specify a single benchmark as a goal or target yield
for a rate of return on its investment portfolio. The portfolio's rates of return will be
influenced by several factors, including actions by the Federal Reserve Board, the
marketplace, and overall economic perceptions and conditions. These factors will not
affect yield during the securities' holding period because the City's buy -and -hold policy
fixes the securities' yield at the time of purchase.
As a basis for comparison only, the Treasurer's monthly reports will display the rates of
return on the three-month Bill,, six-month Bill, and one ianrl'two-year U.S. Treasury Bill
Note, comparable -period rates for commercial paper, and the yield for the State
Treasurer's Local Agency Investment Fund (LAIF). 'The Treasurer may use these or any
other published rates of return that the Treasurer deems appropriate for comparison to the
return on the City's investment portfolio.
V MAXIMUM MATURITIES
It is the City's policy to hold securities and other investments until maturity, thus avoiding the risk
of market value fluctuations with overall market interest rates. This buy -and -hold policy shall not
prevent the sale of a security to minimize loss of principal when an issuer or backer suffers
declining credit worthiness or when the liquidity needs of the City require that a security be sold.
The buy -and -hold policy requires that the City's investment portfolio be structured so that
sufficient liquid funds are available from maturing investments and other sources to meet all
reasonably -anticipated cash needs. To meet anticipated cash needs, it is essential that the
Treasurer have reliable, diligently prepared cash flow projections.
Annually, the Treasurer shall project the amount of funds not expected to be disbursed within five
years. For FY 2010/201 1, the amount of such funds is projected to be $4 million. Funds up to
that amount may be invested in U.S. Treasury bills, notes and bonds maturing between 3 and 5
years. For all other funds, investments are limited to three years maximum maturity, with no
more than 25% of surplus funds invested in maturities exceeding two years and less than three
years.
VI PRUDENCE
The City shall follow the Uniform Prudent Investor Act as adopted by the State of California in
Probate Code Sections 16045 through 16054.
Section 16053 sets forth the terms of a prudent person which are as follows: "Investments shall
be made with judgment and care - under circumstances then prevailing - which persons of
prudence, discretion, and intelligence exercise in the professional management of their own
affairs, not for speculation, but for investment, considering the probable safety of their capital as
well as the probable income to be derived."
2
VII AUTHORITY
Authority to manage the City's investment portfolio is derived from sections 35607 and 35608 of
City Ordinance 3.08.010. Management responsibility for the investment program is delegated to
the City Treasurer for a period of one year pursuant to the City Council's annual adoption of the
Investment Policy.
The City Treasurer shall establish written procedures for the operation of the investment program
consistent with the Investment Policy. Procedures should include reference to safekeeping, wire
transfer agreements, banking service contracts, and collateral/depository agreements. Such
procedures shall include explicit delegation of authority to persons responsible for investment
transactions. No person may engage in an investment transaction except as provided under the
terms of this Investment Policy and the procedures established by the City Treasurer. The City
Treasurer shall be responsible for all transactions undertaken and shall establish a system of
controls to regulate the activities of subordinate officials. The City Manager or an Assistant City
Manager shall acknowledge in writing all purchases and sales of investments prior to their
execution by the City Treasurer.
VIII ETHICS AND CONFLICTS OF INTEREST
The City Manager, Assistant City Managers, City Treasurer and city employees involved in the
City's banking and investment process shall conduct the City's business in an ethical manner and
refrain from any activity or relationship that may be, or have the appearance of, a conflict of
interest. Any questionable activity or relationship shall be reported immediately and in compliance
with the procedures set forth in Section 1.40 — Conflicts of Interest and Acceptance of Gifts and
other Gratuities of the City of La Quinta Personnel Manual. Reporting must be made in
accordance with the personnel policies of the City and, until resolved, the officer or employee
shall refrain from participating in the City's business related to the matter.
The City Manager, Assistant City Managers, City Treasurer and city employees may conduct
personal business with banks, brokers, and other financial institutions that are authorized to
conduct business with the City provided that the terms of the activity to the accountholder with
the City are the same as those that are available to the public in general.
IX AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The City Treasurer maintains a listing of financial institutions which are approved for direct
investment purposes. In addition a list will also be maintained of approved broker/dealers selected
by credit worthiness, who maintain an office in the State of California.
Broker/Dealers who desire to become bidders for direct investment transactions must
supply the City with the following:
► Current audited financial statements;
► Proof of Financial Industry Regulatory Authority (FINRA) Certification;
► Trading resolution;
► Proof of California registration;
► Resume of Financial broker; and
► Completion of the City of La Quinta Broker/Dealer questionnaire Isee Appendix F)
which contains a certification of having read the City's Investment Policy.
7 «.. 259
The City Treasurer shall evaluate the documentation submitted by the broker/dealer and
independently verify existing reports on file for any firm and individual conducting
investment related business.
The City Treasurer will also contact the following agencies during the verification process:
► Financial Industry Regulatory Authority (FINRA) Public Disclosure Report File (1-
800-289-9999).
P. State of California Department of Corporations (1-916-445-3062).
The City Treasurer maintains a listing of financial institutions which are approved for
investment purposes. All Broker/Dealers and financial institutions that provide investment
services will be subject to City Council approval.
Each securities dealer shall provide monthly and quarterly reports filed pursuant to U.S. Treasury
Department regulations. Each mutual fund shall provide a prospectus and statement of additional
information.
2. Financial Institutions will be required to meet the following criteria in order to receive City
funds for deposit or investment (see Appendix E, "Listing of Approved Financial
Institutions"):
A. Insurance - Public Funds shall be deposited only in financial institutions having
accounts insured by the Federal Deposit Insurance Corporation (FDIC).
B. Collateral - The amount of the City's deposits or investments not insured by the
FDIC —shall be collateralized by securities with market values of 110%, or by
mortgages with market values 150%, of the amount of invested funds plus unpaid
interest earnings.
C. Disclosure - Each financial institution maintaining invested funds in excess of the
FDIC insured amount shall furnish the City a copy of the most recent Call Report.
The City shall not invest in excess of the FDIC insured amount in banking
institutions which do not disclose to the city a current listing of securities pledged
for collateralization in public monies.
X PERMISSIBLE DEPOSITS AND INVESTMENTS
Permissible deposits and investments are summarized below. A more comprehensive list is
included in Appendix A.
Permissible Investments and Limitations
(See Appendix A for Additional Information)
Maximum
Allocation
Maximum
Maturity
Restrictions
Current/
Sweep Account:
Checking & Savings Accounts FDIC Insured & Sweep Accounts
85% Portfolio
On Demand
U.S. Treasuries
and/or GSE's
<= $250,000,
Certificates of Deposit
60% Portfolio
3 Years
including interest
per institution
.. n
Permissible Investments and Limitations
Maximum
Maximum
Restrictions
(See Appendix A for Additional Information)
Allocation
Maturity
U.S. Treasury Bills, Notes and Bonds, and Government National
100% Portfolio
3 Years
`=$4,0000,000
Mortgage Association (GNMA) Securities
maturing 3-5 Yrs
U.S. Government Agency Securities and Federal Government Securities
(except collateralized mortgage obligations (CMO's) or structured notes
which contain embedded rate options):
- Federal National Mortgage Association (FNMA)
$20,000,000
3 Years
- Federal Home Loan Bank Notes & Bonds (FHLB)
$25,000,000
3 Years
- Federal Farm Credit Bank (FFCB)
$30,000,000
3 Years
- Federal Home Loan Mortgage Corporation (FHLMC)
$20,000,000
3 years
Prime Commercial Paper including Temporary Liquidity Guarantee
15% Portfolio
90 Days
$5,000,000 per
Program (TLGP)
issuer maximum.
Local Agency Investment Fund (LAIF)
30% Portfolio
Current /
On Demand
$450 million
per account.
Money market mutual funds regulated by the SEC that consist only of US
200X Portfolio
Current /
Maintain $1 per
Treasury Securities or GSE's and maintain a par value of $1 per share
On Demand
share par value
$5,000,000 max
Corporate Notes
10%
3 Years
per issuer AA
rated or better
$10,000,000 max
Corporate Notes - Temporary Liquidity Guarantee Program (TLGP)
20%
3 Years
per issuer, AA
rated or better.
Requires
Professionally Managed Account
10%
3 Years
City Council -
Approved RFP
Checking, Savings, and Sweep Accounts - The City will only maintain checking, savings,
and sweep accounts with FDIC insured financial institutions. As authorized by the City
Council, a U.S. Treasury and/or U.S. Agency Securities Money Market Sweep Account
with a $50,000 target balance may be maintained in conjunction with the checking
account.
2. Certificates of Deposit - As authorized in Government Code Section 53649, Certificates of
Deposit are fixed term investments which are required to be collateralized from 1 10% to
150% depending on the specific security pledged as collateral in accordance with
Government Code Section 53652. There are no portfolio limits on the amount or maturity
for this investment vehicle.
Collateralization will be required for Certificates of Deposits in excess of the FDIC insured
amount. The type of collateral is limited to City authorized investments. Collateral will
always be held by an independent third party from the institution that sells the Certificates
of Deposit to the City. Evidence of compliance with State Collateralization policies must
be supplied to the City and retained by the City Treasurer as follows:
A. Certificates of Deposits Insured by the FDIC: The City Treasurer may waive
collateralization of a deposit that is federally insured.
B. Certificates of Deposit in excess of FDIC Limits: The amount not federally insured
shall be 110% collateralized securities or 150% mortgages market value of that
amount of invested funds plus unpaid interest earnings.
„. 261
The City's Investment Policy limits the percentage of Certificates of Deposit to 60% of the
portfolio.
➢ The City does not allow investments in CDAR's or negotiable (secondary market)
certificates of deposit.
3. U.S. Treasury Bills, Notes, and Bonds and Government National Mortgage Associations
(GNMA) securities — The City may invest in U.S. Treasury bills, notes, and bonds, and
GNMA securities directly issued and backed by the full faith and credit of the U.S.
Government. The City's Investment Policy limits investments in U.S. Treasury issues and
GNMA's to 100% of the portfolio.
➢ The City's Investment Policy does not allow investments in local and state
indebtedness.
4. U.S. Government Agency Securities and Federal Government Securities — The City may
invest in securities issued by U.S. Government instrumentalities and agencies (commonly
referred to as government sponsored enterprises or GSE's). These securities are not
backed by the full faith and credit of the U.S. Government. Publicly owned GSE's include
Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation
(FHLMC) and Student Loan Marketing Association (SLMA). Non -publicly owned GSE's
include the Federal Home Loan Bank (FHLB), Federal Farm Credit Bank (FFCB), Federal
Land Bank (FLB) and Federal Intermediate Credit Bank (FICB).
The City's Investment Policy allows investment only in securities of FNMA, FHLMC, FHLB
and FFCB. For Fiscal Year 200410/20-19',==1f-11, the maximum face amount per issuer is $20
million for FNMA and FHLMC, $25 million for FHLB and $30 million for FFCB. In addition,
no more than 30% of the portfolio surplus may be invested in all GSE's combined with a
maximum $10 million face amount per purchase.
5. Prime Commercial Paper - As authorized in Government Code Section 53601(g), a portion
of the City's portfolio may be invested in commercial paper of the highest rating (A-1 or P-
1) as rated by Moody's or Standard and Poor's. There are a number of other qualifications
regarding investments in commercial paper based on the financial strength of the
corporation and the size of the investment. The City's Investment Policy permits
investments in commercial paper with the following limitations:
A. Maximum 15% of the portfolio.
B. Maximum maturity of 90 days.
C. Maximum of $5 million per issuer.
These limitations are more restrictive than the State code allowed amounts of 25% of the
total portfolio with maturities up to 270 days with no per -issuer limitations.
The City is also permitted to invest in commercial paper issued under the FDIC Temporary
Liquidity Guarantee Program subject to the aforementioned commercial paper limitations.
6. State Treasurer's Local Agency Investment Fund (LAIF) - As authorized in Government
Code Section 16429.1 and by LAIF procedures, local government agencies are each
authorized to invest a maximum of $495td million per account in this investment program
administered by the California State Treasurer.
The`fCty Treasu'trer�m �1not�iriuest mote than"5'4�0.n11liiin •er aocountinL�AIF.
10 p, 262
The City's investment in LAIF is allowable as long as the average maturity of its
investment portfolio does not exceed two years, unless specific approval is authorized by
the City Council. The City has two accounts with LAIF and limits investment to 30% of
the portfolio.
7. Money Market Mutual Funds - As authorized in Government Code Section 53601(k), local
agencies are authorized to invest in shares of beneficial interest issued by diversified
management companies (mutual funds) in an amount not to exceed 20% of the agency's
portfolio. There are a number of other qualifications and restrictions regarding allowable
investments in corporate notes and shares of beneficial interest issued by mutual funds
which include (11 attaining the highest ranking or the highest letter and numerical rating
provided by not less than two of the three largest nationally recognized rating services, or
(2) having an investment advisor registered with the Securities and Exchange Commission
with not less than five years' experience investing in the securities and obligations and
with assets under management in excess of five hundred million dollars ($500,000,000).
The City's Investment Policy only allows investments in mutual funds that are money
market funds maintaining a par value of $1 per share that invest in direct issues of the
U.S. Treasury and/or US Agency Securities with an average maturity of their portfolio not
exceeding 90 days and the City limits such investments to 20% of the portfolio.
8. Corporate Notes - As authorized in Government Code Section 53601 (j), local agencies
may invest in corporate notes. The notes must be issued by corporations organized and
operating in the United States or by depository institutions licensed by the United States
or any other state and operating in the United States. The City's Investment Policy allows
investment in corporate notes authorized by the Government Code with the following
limitations:
► Maturities shall not exceed three years from date of purchase.
► Eligible notes shall be regularly quoted and traded in the marketplace.
► Eligible notes shall be rated "AA"or better.
► Total investment shall not exceed 10% of the portfolio for non- Temporary
Liquidity Guarantee Program (TLGP) Corporate Notes and 20% of the portfolio for
TLGP Corporate Notes, and
► The maximum aggregate investment shall not exceed $5 million face amount for
each issuer.
This is more restrictive than the State code allowed amounts of 30% of the total portfolio
with maturities up to five years with no per -issuer limitations.
The City is also permitted to invest in corporate notes issued under the FDIC
Temporary Liquidity Guarantee Program subject to the aforementioned corporate note
limitations, except that corporate notes issued under the Temporary Liquidity Guarantee
Program or otherwise backed by the United States government shall be limited to 20% of
the portfolio and the maximum aggregate investment for such notes shall not exceed $10
million face amount for each issuer.
9. Professionally Managed Account(s) - The City Treasurer may place up to 10% of the
portfolio with a professional portfolio management firm ("PPMF"). The PPMF will be
approved by the City Council based upon the City Treasurer's recommendation pursuant to
completion of a request for proposal (RFP) as outlined in Appendix G. The PPMF shall
have:
(a) An established professional reputation for asset or investment management;
11 ao. 263
(b) Knowledge and working familiarity with State and Federal laws governing and
restricting the investment of public funds;
(c) Substantial experience providing investment management services to local public
agencies whose investment policies and portfolio size are similar to those of the
City;
(d) Professional liability (errors and omissions) insurance and fidelity bonding in such
amounts as are required by the City;
(e) Registration with the Securities and Exchange Commission under the Investment
Advisers Act of 1940.
Before engagement by the City and except as may be specifically waived or revised, the
PPMF shall commit to adhere to the provisions of the City's Investment Policy with the
following exceptions:
(f) The PPMF may be granted the discretion to purchase and sell investment securities
in accordance with Appendix I of this Investment Policy;
(g) The PPMF is not required to adhere to the buy -and -hold policy of the City's
Investment Policy, and;
(h) The PPMF does not need City Manager or City Treasurer approval to make
permissible investments as detailed in column 8 of Appendix H of this Investment
Policy.
XI INVESTMENT POOLS
There are three (3) types of investment pools:
► State -run pools (e.g., LAIF);
► Pools that are operated by a political subdivision where allowed by law and the political
subdivision is the trustee (e.g., County Pools);
► Pools that are operated for profit by third parties.
The City's Investment Policy permits investment only in pools authorized in Section X.
XII PAYMENT AND CUSTODY
The City shall engage qualified third party custodians to act in a fiduciary capacity to maintain
appropriate evidence of the City's ownership of securities and other eligible investments. Such
custodians shall disburse funds, received from the City for a purchase, to the broker, dealer or
seller only after receiving evidence that the City has legal, record ownership of the securities.
Even though ownership is evidenced in book -entry form rather than by actual certificates, this
procedure is commonly accepted as the delivery versus payment (DVP) method for the transfer of
securities.
XIII INTEREST EARNING DISTRIBUTION POLICY
Interest earnings are generated from pooled investments and specific investments.
Pooled Investments - It is the general policy of the City to pool all available operating cash
of the City of La Quinta, La Quinta Redevelopment Agency and La Quinta Financingd
Ho171
u`s'in Authority) and allocate interest earnings, in the following order, as follows:
12 a.. 264
A. Payment to the General Fund of an amount equal to the total annual bank service
charges as incurred by the general fund for all operating funds as included in the
annual operating budget.
B. Payment to the General Fund of a management fee equal to 5% of the annual
pooled cash fund investment earnings.
C. Payment to each fund of an amount based on the average computerized
daily cash balance included in the common portfolio for the earning period.
2. Specific Investments - Specific investments purchased by a fund shall incur all earnings
and expenses to that particular fund.
XIV INTERNAL CONTROLS AND INDEPENDENT AUDITOR
The City Treasurer shall establish a system of internal controls to accomplish the following
objectives:
► Safeguard assets;
► The orderly and efficient conduct of its business, including adherence to management
policies;
► Prevention or detection of errors and fraud;
► The accuracy and completeness of accounting records; and
► Timely preparation of reliable financial information.
While no internal control system, however elaborate, can guarantee absolute assurance that the
City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable
assurance that management of the investment function meets the City's objectives.
The internal controls shall address the following:
1 . Control of collusion. Collusion is a situation where two or more employees are working in
conjunction to defraud their employer.
2. Separation of transaction authority from accounting and record keeping. By separating the
person who authorizes or performs the transaction from the people who record or
otherwise account for the transaction, a separation of duties is achieved.
3. Custodial safekeeping. Securities purchased from any bank or dealer including appropriate
collateral (as defined by State Law) shall be placed with an independent third party for
custodial safekeeping.
4. Avoidance of physical delivery securities. Book entry securities are much easier to
transfer and account for since actual delivery of a document never takes place. Delivered
securities must be properly safeguarded against loss or destruction. The potential for
fraud and loss increases with physically delivered securities.
5. Clear delegation of authority to subordinate staff members. Subordinate staff members
must have a clear understanding of their authority and responsibilities to avoid improper
actions. Clear delegation of authority also preserves the internal control structure that is
13 ,, 265
contingent on the various staff positions and their respective responsibilities as outlined in
the Segregation of Major Investment Responsibilities appendices.
6. Written confirmation or telephone transactions for investments and wire transfers. Due to
the potential for error and improprieties arising from telephone transactions, all telephone
transactions shall be supported by written communications or electronic confirmations and
approved by the appropriate person. Written communications may be via fax if on
letterhead and the safekeeping institution has a Gist of authorized signatures. Fax
correspondence must be supported by evidence of verbal or written follow-up.
7. Development of a wire transfer agreement with the City's bank and third party custodian
This agreement should outline the various controls, security provisions, and delineate
responsibilities of each party making and receiving wire transfers.
The System of Internal Controls developed by the City, shall be reviewed annually by the
independent auditor in connection with the annual audit of the City's Financial Statements.
The independent auditor's letter on internal control over financial reporting and compliance as it
pertains to cash and investments, if any, shall be directed to the City Manager who will direct the
City Treasurer to provide a written response to the independent auditor's letter. The auditor's
letter, as it pertains, to cash and investment activities and the City Treasurer's response shall be
provided to the City's Investment Advisory Board for their consideration. Following the
completion of each annual audit, the independent auditor shall meet with the Investment Advisory
Board and discuss the auditing procedures performed and the review of internal controls for cash
and investment activities.
See Appendix D, "Segregation of Major Investment Responsibilities."
XV REPORTING STANDARDS
The City Treasurer shall submit a monthly Treasurers Report to the City Council and the
Investment Advisory Board that includes all cash and investments under the authority of the
Treasurer.
The Treasurer's Report shall summarize cash and investment activity and changes in balances and
include the following:
► A certification by the City Treasurer.
► A listing of purchases and sales/maturities of investments.
► Cash and Investments categorized by authorized investments, except for LAIF
which will be provided quarterly and show yield and maturity.
► Comparison of month end actual holdings to Investment Policy limitations.
► Current year and prior year monthly history of cash and investments for trend
analysis.
► Balance Sheet.
► Distribution of cash and investment balances by fund.
► A year to date historical cash flow analysis and projection for the next six months.
► A two-year list of historical interest rates.
�.. 266
II-
XVI FINANCIAL ASSETS AND INVESTMENT ACTIVITY NOT SUBJECT TO THIS POLICY
The City's Investment Policy does not apply to the following:
► Cash and Investments raised from Conduit Debt Financing;
► Funds held in trust in the City's name in pension or other post -retirement benefit
programs;
► Cash and Investments held in lieu of retention by banks or other financial
institutions for construction projects;
► Short or long term loans made to other entities by the City or Agency; and
Short term (Due to/from) or long term (Advances from/to) obligations made
either between the City and its funds or between the City and Agency.
XVII INVESTMENT OF BOND PROCEEDS
The City's Investment Policy shall govern bond proceeds and bond reserve fund investments.
California Code Section 5922 (d) governs the investment of bond proceeds and reserve funds in
accordance with bond indenture provisions which shall be structured in accordance with the
City's Investment Policy.
Arbitrage Requirement - The US Tax Reform Act of 1986 requires the City to perform arbitrage
calculations as required and return excess earnings to the US Treasury from investments of
proceeds of bond issues sold after the effective date of this law. These arbitrage calculations
may be contracted with an outside source to provide the necessary technical assistance to
comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept
segregated from other funds and records will be kept in a fashion to facilitate the calculations.
The City's investment position relative to the new arbitrage restrictions is to continue pursuing
the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It
is the City's position to continue maximization of yield and to rebate excess earnings, if
necessary.
XVIII INVESTMENT ADVISORY BOARD - CITY OF LA QUINTA
The Investment Advisory Board (IAB) is a standing board composed of five members from the
public that are appointed by the City Council. Background information will be requested and
potential candidates must agree to a background check and verification. On an annual basis, in
conjunction with the Political Reform Act disclosure statutes, or at any time if a change in
circumstances warrants, each board member will provide the City Council with a disclosure
statement which identifies any matters that have a bearing on the appropriateness of that
member's service on the board. All board members shall report annually to the City Clerk on
Form 700, Statement of Economic Interests, any activities, interests, or relationships that may be,
or have the appearance of, a conflict of interest.
The IAB must meet at least quarterly, but usually meets monthly, to
1. Review at least annually the City's Investment Policy and recommend appropriate
changes;
2. Review monthly treasury report and note compliance with the Investment Policy and
adequacy of cash and investments for anticipated obligations;
3. Receive and consider other reports provided by the City Treasurer;
p• 267
15
4. Meet with the independent auditor after completion of the annual audit of the City's
financial statements, and receive and consider the auditor's comments on auditing
procedures, internal controls and findings for cash and investment activities, and;
5. Serve as a resource for the City Treasurer on matters such as proposed investments,
internal controls, use or change of financial institutions, custodians, brokers and dealers.
The IAB will report to the City Council after each meeting either in person or through
correspondence at a regular City Council meeting. See Appendix B: "Investment Advisory Board
Provisions".
XIX INVESTMENT POLICY ADOPTION
The City's Investment Policy will be reviewed annually by the City's Investment Advisory Board
and the City Treasurer. The Investment Advisory Board will forward the Investment Policy with
any revisions to the City Manager and City Attorney for their review and comment. A joint
meeting will be held with the Investment Advisory Board, City Manager, City Attorney, and City
Treasurer to review the Investment Policy and any comments prior to submission to the City
Council for their consideration.
The Investment Policy shall be adopted by resolution of the City Council annually before the end
of June of each year.
0. 268
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Appendix B
City of La Quinta Municipal Code
Chapter 2.70
INVESTMENT ADVISORY BOARD PROVISIONS
Sections:
2.70.010 General Rules Regarding Appointment.
2.70.020 Board meetings.
2.70.030 Board functions.
2.70.010 General rules regarding appointment
A. Except as set out below, see Chapter 2.06 for General Provisions.
B. The Investment Advisory Board (the "board") is a standing board composed of five (5)
members from the public that are appointed by city council.
C. Applicants for the board should have a background in finance, preferably with knowledge
and/or experience in markets, controls and accounting for securities. Background information will
be requested and potential candidates must agree to a background check and verification.
D. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at
any time if a change in circumstances warrants, each board member will provide the City Council
with a disclosure statement which identifies any matters that have a bearing on the
appropriateness of that member's service on the board. Such matters may include, but are not
limited to, changes in employment, changes in residence, or changes in clients.
E. To promote continuity, the expiration of the terms of the members of the board shall be
staggered. The term of service is three years, with one or two terms expiring each year.
2.70.020 Board meetings.
The Board usually will meet monthly, but this schedule may be extended to quarterly
meetings upon the concurrence of the Board and the City Council. The specific meeting dates will
be determined by the Board Members and meetings may be called for on an as needed basis.
2.70.030 Board functions.
A. The principal functions of the Board are: (1) review at least annually the City's Investment
Policy and recommend appropriate changes; (2) review monthly Treasury Report and note
compliance with the Investment Policy and adequacy of cash and investments for anticipated
obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with
the independent auditor after completion of the annual audit of the City's financial statements, and
receive and consider the auditor's comments on auditing procedures, internal controls, and findings
for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters
such as proposed investments, internal controls, use or change of financial institutions, custodians,
brokers and dealers.
B. The Board will report to the City Council after each meeting either in person or through
correspondence at a regular City Council meeting.
19
„. 271
Appendix C
City of La Quinta Municipal Code
Chapter 3.08
INVESTMENT OF MONEYS AND FUNDS
Sections:
3.08.010 Investment of city moneys and deposit of securities.
3.08.020 Authorized investments.
3.08.030 Sales of securities.
3.08.040 City bonds.
3.08.050 Reports.
3.08.060 Deposits of securities.
3.08.070 Trust fund administration.
3.08.010 Investment of city moneys and deposit of securities.
Pursuant to, and in accordance with, and to the extent allowed by, Sections
53607 and 53608 of the Government Code, the authority to invest and reinvest
moneys of the city, to sell or exchange securities, and to deposit them and provide for
their safekeeping, is delegated to the city treasurer. (Ord. 2 § 1 (part), 1982)
3.08.020 Authorized investments.
Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is
authorized to purchase, at their original sale or after they have been issued, securities
which are permissible investments under any provision of state law relating to the
investing of general city funds, including but not limited to Sections 53601 and 53635 of
the Government Code, as said sections now read or may hereafter be amended, from
moneys in his custody which are not required for the immediate necessities of the city
and as he may deem wise and expedient, and to sell or exchange for other eligible
securities and reinvest the proceeds of the securities so purchased. (Ord. 2 § 1 (part),
1982)
3.08.030 Sales of Securities.
From time to time the city treasurer shall sell the securities in which city moneys have
been invested pursuant to this chapter, so that the proceeds may, as appropriate, be
applied to the purchase for which the original purchase money may have been designated
or placed in the city treasury. (Ord.2 § I (part),
3.08.040 City bonds.
Bonds issued by the city and purchased pursuant to this chapter may be cancelled
either in satisfaction of sinking fund obligations or otherwise if proper and appropriate;
provided, however, that the bonds may be held uncancelled and while so held may be
resold. (Ord. 2 § 1 (part), 1982)
P< 21'
3.08.050 Reports.
The city treasurer shall make a monthly report to the city council of all investments
made pursuant to the authority delegated in this chapter. (Ord. 2 § 1 (part), 1982)
3.08.060 Deposits of securities.
Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is
authorized to deposit for safekeeping, the securities in which city moneys have been
invested pursuant to this chapter, in any institution or depository authorized by the terms
of any state law, including but not limited to Section 53608 of the Government Code as
it now reads or may hereafter be amended. In accordance with said section, the city
treasurer shall take from the institution or depository a receipt for the securities so
deposited and shall not be responsible for the securities delivered to and receipted for by
the institution or depository until they are withdrawn therefrom by the city treasurer.
(Ord. 2 § 1 (part), 1982
3.08.070 Trust fund administration.
Any departmental trust fund established by the city council pursuant to Section
36523 of the Government Code shall be administered by the city treasurer in accordance
with Section 36523 and 26524 of the Government code and any other applicable
provisions of law. (Ord. 2 § 1 (part), 1982)
21 273
SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES
Function
Develop and Recommend Modifications
to City's Formal Investment Policy
Review City's Investment Policy
and Recommend City Council Action
Adopt Formal Investment Policy
Implement Formal Investment Policy
Review Financial Institutions & Select Investments
Acknowledge Investment Selections
Execute Investment transactions
Confirm Wires (if applicable)
Record Investment Transactions in City's
Accounting Records
Investment Verification (match broker confirmation
to City investment records)
Reconcile Investment Records
to Accounting Records and Bank Statements
Reconcile Investment Records
to Treasurers Report of Investments
Security of Investments at City
Security of Investments outside City
Review Internal Control Procedures
22
Appendix D
Responsible Parties
Investment Advisory Board
and City Treasurer
City Manager
and City Attorney
City Council
City Treasurer
City Treasurer
City Manager or an
Assistant City Manager
City Treasurer or City Manager
Accounting Manager or
Financial Services Assistant
Accounting Manager or
Financial Services Assistant
City Treasurer and Financial
Services Assistant
Financial Services Assistant
Accounting Manager
Accounting Manager or Senior
Secretary
Third Party Custodian
External Auditor
274
LISTING OF APPROVED FINANCIAL INSTITUTIONS
1. Banking Services
2. Custodian Services
3. Deferred Compensation
4. Broker/Dealer Services
Appendix E
Wells Fargo Bank, Government Services,
Los Angeles, CA
Bank of New York/Mellon, Los Angeles,
CA
International City/County Management
Association Retirement Corporation
Banc of America Securities, San
Francisco, CA
Morgan Stanley, San Rafael, CA
CitiGroup, Costa Mesa, CA
5. Government Pool State of California Local Agency
Investment Fund
City of La Quinta Account
La Quinta Redevelopment Agency Account
6. Bond Trustees 1991 City Hall Revenue Bonds - US Bank
1991 RDA Project Area 1 -US Bank
1992 RDA Project Area 2 - US Bank
1994 RDA Project Area 1 -US Bank
1998 RDA Project Area 1 &2 — US Bank
2001 RDA Project Area 1 — US Bank
2002 RDA Project Area 1 — US Bank
2003 RDA Project Area 1 — US Bank
Assessment Districts — US Bank
No Changes to this listing may be made without City Council approval
23
a,. 2l5
BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION
1 . Name of Firm:
2. Address:
3. Telephone: (_) (_ )
4. Broker's Representative to the City (attach resume):
Name:
Title:
Telephone: ( 1
5
Manager/Partner-in-charge (attach resume):
Name:
Title:
Telephone:
Appendix F
6. List all personnel who will be trading with or quoting securities to City employees (attach
resume)
Name:
Title:
Telephone:
7. Which of the above personnel have read the City's Investment Policy?
8. Which instruments are offered regularly by your local office? (Must equal 100%)
% U.S. Treasuries
% BA's
• Commercial Paper
• CD's
% Mutual Funds
Agencies (specify):
• Repos
• Reverse Repos
% CMO's
% Derivatives
% Stocks/Equities
% Other (specify):
9. References -- Please identify your most directly comparable public sector clients in our
geographical area.
Entity
Contact
24
Entity
Contact
�. 216
Telephone ) Telephone ()
Client Since Client Since
10. Have any of your clients ever sustained a loss on a securities transaction arising from a
misunderstanding or misrepresentation of the risk characteristics of the instrument? If so,
explain.
11. Has your firm or your local office ever been subject to a regulatory or state/ federal
agency investigation for alleged improper, fraudulent, disreputable or unfair activities
related to the sale of securities? Have any of your employees been so investigated? If
so, explain.
12. Has a client ever claimed in writing that you were responsible for an investment loss?
Yes No If yes, please provide action taken
Has a client ever claimed in writing that your firm was responsible for an investment
loss? Yes No If yes, please provide action taken
Do you have any current or pending complaints that are unreported to FINRA?
Yes No If yes, please provide action taken
Does your firm have any current, or pending complaints that are unreported to FINRA?
Yes No If yes, please provide action taken
13. Explain your clearing and safekeeping procedures, custody and delivery process.
Who audits these fiduciary responsibilities?
Latest Audit Report Date
25
«. 277
14. How many and what percentage of your transactions failed?
Last month? % $
Last year? % $
15. Describe the method your firm would use to establish capital trading limits for the City of
La Quinta.
16. Is your firm a member in the S.I.P.C. insurance program? Yes No
If yes, explain primary and excess coverage and carriers.
17
What portfolio information, if any, do you require from your clients?
18. What reports and transaction confirmations or any other research publications will the City
receive?
19. Does your firm offer investment training to your clients? Yes No
20. Does your firm have professional liability insurance? Yes No
If yes, please provide the insurance carrier, limits and expiration date.
21
Please list your FINRA/NASD Registration Number
22. Do you have any relatives who work at the City of La Quinta?
Yes No If yes, Name and Department_
23. Do you maintain an office in California? Yes No
24. Do you maintain an office in La Quinta or Riverside County? Yes No
25. Please enclose the following:
► Latest audited financial statements.
► Samples of reports, transaction confirmations and any other research/publications the
City will receive.
► Samples of research reports and/or publications that your firm regularly provides to
clients.
► Complete schedule of fees and charges for various transactions.
26
».. 273
'CERTIFICATION'
I hereby certify that I have personally read the Statement of Investment Policy of the City of La
Quinta, and have implemented reasonable procedures and a system of controls designed to
preclude imprudent investment activities arising out of transactions conducted between our firm
and the City of La Quinta. All sales personnel will be routinely informed of the City's investment
objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the
City. We pledge to exercise due diligence in informing the City of La Quinta of all foreseeable
risks associated with financial transactions conducted with our firm.
By signing this document the City of La Quinta is authorized to conduct any and all background
checks.
Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of
my knowledge.
Broker Representative
Date
Titl
Sales Manager and/or Managing Partner*
Date
Title
27
Appendix G
Request for Proposals
Professional Portfolio Management Firm
City of La Quinta, CA
The City of La Quinta, CA is soliciting Requests for Proposals (RFP) from interested firms for the
provision of a discretionary investment management services for City of La Quinta, CA. The
portfolio to be managed of the invested assets is will be approximately 10% of the City's
investment portfolio and will be invested between 0 — 3 years.
The investment of City of La Quinta, CA's funds is guided by the applicable State statutes and
the City of La Quinta, CA's investment policy. A copy of the investment policy is attached for
your information.
Questions regarding this RFP should be directed to:
Name:
Title:
City of:
Address:
City, State, Zip Code
Phone Number:
John M. Falconer
Finance Director/Treasurer
La Quinta, CA
P.O. Box 1504
La Quinta, CA 92247-1 504
(760)777-7150
I. CRITERIA FOR EVALUATION AND SELECTION
■ Experience of the firm in providing services to public sector entities of similar size
and with similar investment objectives;
■ Professional experience and qualifications of the individuals assigned to the
account;
■ Portfolio management resources, investment philosophy and approach;
■ Responsiveness to the RFP, communicating an understanding of the overall
program and services required;
■ Reporting capabilities;
■ Fees.
II. SELECTION TIMETABLE
A. [Month, Day and Year] Proposals due by [Time] PST.
B. [Month, Day and Year] Proposals evaluated: to be determined
C. [Month, Day and Year] [City of La Quinta, CA] [Board/Council] approves selection
and awards contract.
III. FORMAT FOR PROPOSALS
Please format your response to this RFP in the following manner:
A. Organization
28 r. 28O
1. Describe your organization, date founded, ownership and other business
affiliations. Provide number and location of affiliated offices. Specify the number
of years your organization has provided investment management service.
2. Describe your firm's revenue sources (e.g., investment management, institutional
research, etc.) and comment on your firm's financial condition.
3. Within the past three years, have there been any significant developments in your
organization (e.g., changes in ownership, new business ventures)? Do you expect
any changes in the near future?
4. Describe any U.S. Securities and Exchange Commission (SEC) censures or litigation
involving your organization, any officer, or employee at any time in the last ten
years.
5. Describe the firm's fiduciary liability and/or errors and omissions insurance
coverage. Include dollar amount of coverage.
B. Personnel
1. Identify the number of professionals employed by your firm by classification.
2. Provide an organization chart showing function, positions, and titles of all the
professionals in your organization.
3. Provide biographical information on investment professionals that will be involved
in the decision -making process for our portfolio, including number of years at your
firm. Identify the person who will be the primary portfolio manager assigned to the
account.
4. Describe your firm's compensation policies for investment professionals and
address any incentive compensation programs.
C. Assets Under Management
1 . Summarize your institutional investment management asset totals by category for
your latest reporting period in the following table:
Governmental
Governmental Pension
Non Governmental
Pension
Number Operating Funds
of Clients
S
S
S
29
Number of Other Restrictive
Clients Funds
S
NGt Not Appli.ableN/A
AA ... e "�,- �. t_ � ,
NIA
Nat
Applueable Not ApplieableNVA
NSA
»_ 28�
Corporate S Net
Appllsable Nei Appllsable +0,!
N/
High Net Worth Client $ Not
A..plieable P}et-App}jo2b}gNlNA,
N/AI
Endowmental/Foun- 5 Net
dation Applfoable Nei Applisablel+/t
N/A!
2. Provide the number of separate accounts whose portfolios consist of operating
funds.
3. List in the following table the percentage by market value of aggregate assets
under all governmental accounts under management for your latest reporting
period:
Type of Asset Percent by Market
Value
U.S. Treasury securities _
Federal Agency obligations _
Corporate securities rated AAA -AA
Corporate securities rated A _
Corporate securities rated BBB or
lower
Other
(specify )
4. Describe the procedures that your firm has in place to address the potential or
actual credit downgrade of an issuer and to disclose and advise a client of the
situation.
5. Provide data on account/asset growth over the past five years. Indicate the
number of government accounts gained and the number of government accounts
lost.
6. List your five governmental largest clients. Identify those that are exclusively
operating fund relationships and/or those that are other relationships le.g., bond
fund, retirement fund).
7. Provide a copy of the firm's Form ADV, Parts I and II (including all schedules).
B. Provide proof of State of California Registration, if your firm is not eligible for SEC
registration.
9. Provide a sample contract for services.
30
q..
D. Philosophy/Approach
1 . Describe your firm's investment philosophy for public clients, including your firm's
philosophy regarding average duration, maturity, investment types, credit quality,
and yield.
2. Describe in detail your investment process, as you would apply it to City of La
Quinta, CA's portfolio.
3. What are the primary strategies for adding value to portfolios?
4. Describe the process you would recommend for establishing the investment
objectives and constraints for this account.
5. Describe in detail your process of credit risk management, including how you
analyze credit quality, monitor credits on an ongoing basis, and report credit to
governmental accounts.
6. Describe your firm's trading methodology.
7. Describe your firm's decision -making process in terms of structure, committees,
membership, meeting frequency, responsibilities, integration of research ideas, and
portfolio management.
8. Describe your research capabilities as they would pertain to governmental
accounts. What types of analysis do you use?
9. Describe the firm's approach to managing relationships with the broker -dealer
community.
E. Portfolio Management
Are portfolios managed by teams or by one individual?
2. What is the average number of accounts handled per manager?
3. Which professional staff member will be the primary client contact for City of La
Quinta, CA?
4. How frequently are you willing to meet with us?
5. Describe procedures used to ensure that portfolios comply with client investment
objectives, policies, and bond resolutions.
F. Fees Charged
1. Please include a copy of your firm's fee schedule applicable to this RFP.
2. Identify any expenses that would not be covered through this fee structure and
would be required in order to implement the firm's program.
31 283
aa•
3. Is there a minimum annual fee?
G. Performance Reporting
Please report on all accounts under $100 million.
2. Please provide performance history for governmental accounts for the last five
years.
3. Please provide risk measurements for governmental accounts for the last five
years.
4. Indicate whether your returns are calculated and compiled in accordance with
the Association for Investment Management and Research (AIMR/CFA Institute)
standards.
5. Do your reports conform to the State of California reporting standards? Are you
willing to customize your reports to meet our specifications?
6. How will you notify us of investment transactions?
7. Are confirmations of investment transactions sent directly by the broker/dealer to
the client?
8. Do your reports include rating information on investments which is required by
GASB 40?
H. References
Provide a list of at least five (5) client references in California. References should be
public agencies with portfolio size and investment objectives similar to City of La Quinta,
CA. Include length of time managing the assets, contact name, and phone number.
I. Insurance Requirements
Exhibit A defines the insurance requirements that will need to be met prior to the
[Board/Council]'s approval of any agreement for services.
J. Submittal of proposals
Seven (7) copies of the proposal shall be submitted in a sealed envelope bearing
the caption RFP for (City of La Quinta, CA) and addressed to:
City of La Quinta, CA
P.O. Box 1504
La Quinta, CA 92247-1504
Attention: John Falconer, Finance Director/Treasurer
2. Proposal must be received no later than [Time] PST on [Month, Day, and Year].
32 "- 284
3. Proposals should be verified before submission. The City of La Quinta, CA shall
not be responsible for errors or omissions on the part of the respondent in
preparation of a proposal. The City of La Quinta, CA reserves the right to reject
any and all proposals, to wave any irregularities, or informalities in the
proposals, and to negotiate modifications to any proposal.
Enclosures: Investment Policy
Treasurers Report
33 «, 2US5
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286
Appendix I
Investment Management Process and Risk
Except as provided for in Section 27000.3, Government Code Section 53600.3 declares ` ' Tlaiq,
each person, treasurer, or governing body authorized to make investment decisions on behalf of local
agenciesl to he a A trustees and theFBf9Fe a fidUGiaFy are subject to the prudent investor standard.
These persons shall act with care, skill, prudence, and diligence under the circumstances then prevailing
when investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing funds. Section
53600.5 further stipulates that the primary objective of any person investing public funds is to
safeguard principal; secondly, to meet liquidity needs of the depositor; and lastly, to achieve a return or
yield on invested funds (Government Code Section 27000.5 specifies the same objectives for county
treasurers and board of supervisors).
Risk is inherent throughout the investment process. There is Fisk assigned to an- investment risk_
as§
assddlated ith ¢invesfrt n activity as wen —as a 8 opportunity risk related to inactivity. Market risk
is derived from exposure to overall changes in the general level of interest rates while credit risk is the
risk of loss due to the failure of the insurer of a security. The market value of a security varies inversely
with the level of interest rates. If an investor is required to sell an investment with a five percent yield
in a comparable seven percent rate environment, that security will be sold at a loss. The magnitude of
that loss will depend on the amount of time until maturity.
Purchasing certain allowable securities with a maturity of greater than five years requires approval of
the governing board (see Government Code Section 63601). Part of that approval process involves
assessing and disclosing the risk and possible volatility of longer -term investments
Another element of market risk is liquidity risk. Instruments with unique call features, of special
structures; or those issued by little known companies.; are exaralples ofstery bonds andWe often
thinly traded. Their uniqueness often makes finding prospective buyers in a secondary market more
difficult and, consequently, the securities' marketability and price are discounted. However, under
certain market conditions, gains are also possible with these types of securities.
-,
Default risk essdFs wi}ien represent t a poss bflity th'2ti the borrower mad s 6e unable to repay the
obligation as esas hedul`ed. Generally, securities issued by the federal government and its agencies are
considered the most secure, while securities issued by private corporations or negotiable certificates of
deposit issued by commercial banks have a greater degree of risk. Securities with additional credit
enhancements, such as bankers acceptances, collateralized repurchase agreements and collateralized
bank deposits are somewhere between the two on the risk spectrum.
The vast majority of portfolios are managed within a buy and hold policy. Investments are purchased
with the intent and capacity to hold that security until maturity. At times, market forces or operations
may dictate swapping one security for another or selling a security before maturity. Continuous analysis
and fine tuning of the investment portfolio are considered prudent investment management. [•••I
The Government Code contains specific provisions regarding the types of investments and practices
permitted after considering the broad requirement of preserving principal and maintaining liquidity before
seeking yield. These provisions are intended to promote the use of reliable, diverse, and safe investment
instruments to better ensure a prudently managed portfolio worthy of public trust.
Chapter II. Fund Management
Local Agency Investment Guidelines 2O0Z1O Issued by California Debt and Investment Advisory Commission
00. 287
35
Appendix J
GLOSSARY
(Adopted from the Municipal Treasurers Association)
The purpose of this glossary is to provide the reader of the City of La Quinta investment
policies with a better understanding of financial terms used in municipal investing.
AGENCIES: Federal agency securities and/or
Government -sponsored enterprises.
ASKED: The price at which securities are offered.
BANKERS' ACCEPTANCE (BA): A draft or bill or
exchange accepted by a bank or trust company.
The accepting institution guarantees payment of
the bill, as well as the issuer.
BID: The price offered by a buyer of securities.
(When you are selling securities, you ask for a
bid.) See Offer.
BROKER: A broker brings buyers and sellers
together for a commission.
CERTIFICATE OF DEPOSIT (CD): A time deposit
with a specific maturity evidenced by a
certificate. Large -denomination CD's are typically
negotiable.
COLLATERAL: Securities, evidence of deposit or
other property which a borrower pledges to
secure repayment of a loan. Also refers to
securities pledged by a bank to secure deposits of
public monies.
COMMERCIAL PAPER: Short-term unsecured
promissory notes issued by a corporation to raise
working capital. These negotiable instruments
are purchased at a discount to par value or at par
value with interest bearing. Commercial paper is
issued by corporations such as General Motors
Acceptance Corporation, IBM, Bank America, etc.
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR): The official annual report for the City of
La Quinta. It includes five combined statements
for each individual fund and account group
prepared in conformity with GAAP. It also
includes supporting schedules necessary to
demonstrate compliance with finance -related
legal and contractual provisions, extensive
introductory material, and a detailed Statistical
Section.
CONDUIT FINANCING: A form of Financing in
which a government or a government agency
lends its name to a bond issue, although it is
acting only as a conduit between a specific project
and bond holders. The bond holders can look only
to the revenues from the project being financed
for repayment and not to the government or
agency whose name appears on the bond.
COUPON: (a) The annual rate of interest that a
bond's issuer promises to pay the bondholder on
the bond's face value. (b) A certificate attached
to a bond evidencing interest due on a payment
date.
DEALER: A dealer, as opposed to a broker, acts as
a principal in all transactions, buying and selling
for his own account.
DEBENTURE: A bond secured only by the general
credit of the issuer.
DELIVERY VERSUS PAYMENT: There are two
methods of delivery of securities: delivery versus
payment and delivery versus receipt. Delivery
versus payment is delivery of securities with an
exchange of money for the securities. Delivery
versus receipt is delivery of securities with an
exchange of a signed receipt for the securities.
DERIVATIVES: (1) Financial instruments whose
return profile is linked to, or derived from, the
movement of one or more underlying index or
security, and may include a leveraging factor, or
(2) financial contracts based upon notional
amounts whose value is derived from an
underlying index or security (interest rates, foreign
exchange rates, equities or commodities).
36 ... 283
DISCOUNT: The difference between the cost
price of a security and its maturity when quoted 3. FLBs (Federal Land Bank Bonds) - Long-term
at lower than face value. A security selling mortgage credit provided to farmers by Federal
below original offering price shortly after sale also Land Banks. These bonds are issued at
is considered to be at a discount. irregular times for various maturities ranging
from a few months to ten years. The
DISCOUNT SECURITIES: Non -interest bearing minimum denomination is $1,000. They carry
money market instruments that are issued a semi-annual coupons. Interest is calculated on
discount and redeemed at maturity for full face a 360-day, 30 day month basis.
value, e.g., U.S. Treasury Bills. '
12
DIVERSIFICATION: Dividing investment funds
among a variety of securities offering
independent returns.
FEDERAL CREDIT AGENCIES: Agencies of the
Federal government set up to supply credit to
various classes of institutions and individuals,
e.g., S&L's, small business firms, students,
farmers, farm cooperatives, and exporters. 5
1. FNMAs (Federal National Mortgage
Association) - Like GNMA was chartered
under the Federal National Mortgage
Association Act in 1938. FNMA is a federal
corporation working under the auspices of the
Department of Housing and Urban
Development (HUD). It is the largest single
provider of residential mortgage funds in the
United States. Fannie Mae, as the corporation
is called, is a private stockholder -owned
corporation. The corporation's purchases
include a variety of adjustable mortgages and
second loans, in addition to fixed-rate
mortgages. FNMA's securities are also highly
liquid and are widely accepted. FNMA
assumes and guarantees that all security
holders will receive timely payment of
principal and interest.
2. FHLBs (Federal Home Loan Bank Notes and
Bonds) - Issued by the Federal Home Loan
Bank System to help finance the housing
industry. The notes and bonds provide
liquidity and home mortgage credit to savings
and loan associations, mutual savings banks,
cooperative banks, insurance companies, and
mortgage -lending institutions. They are
issued irregularly for various maturities. The
minimum denomination is $5,000. The notes
are issued with maturities of less than one
year and interest is paid at maturity.
FFCBs (Federal Farm Credit Bank) - Debt
instruments used to finance the short and
intermediate term needs of farmers and the
national agricultural industry. They are issued
monthly with three- and six-month maturities.
The FFCB issues larger issues (one to ten
year) on a periodic basis. These issues are
highly liquid.
FICBs (Federal Intermediate Credit Bank
Debentures) - Loans to lending institutions
used to finance the short-term and
intermediate needs of farmers, such as
seasonal production. They are usually issued
monthly in minimum denominations of $3,000
with a nine -month maturity. Interest is
payable at maturity and is calculated on a 360-
day, 30-day month basis.
6. FHLMCs (Federal Home Loan Mortgage
Corporation) - a government sponsored entity
established in 1970 to provide a secondary
market for conventional home mortgages.
Mortgages are purchased solely from the
Federal Home Loan Bank System member
lending institutions whose deposits are insured
by agencies of the United States Government.
They are issued for various maturities and in
minimum denominations of $10,000. Principal
and interest is paid monthly. Other federal
agency issues are Small Business
Administration notes (SBA's), Government
National Mortgage Association notes
(GNMA's), Tennessee Valley Authority notes
(TVA,S), and Student Loan Association notes
(SALLIE-MAE's).
FEDERAL DEPOSIT INSURANCE CORPORATION
(FDIC): A federal agency that insures bank
deposits, currently up to $250,000 per deposit
through December 31, 2013.
37 «•• 289
FEDERAL FUNDS RATE: The rate of interest at
which Fed funds are traded. This rate is currently
pegged by the Federal Reserve through open -
market operations.
FEDERAL HOME LOAN BANKS (FHLB►:
Government sponsored wholesale banks
(currently 12 regional banks) which lend funds
and provide correspondent banking services to
member commercial banks, thrift institutions,
credit unions and insurance companies. The
mission of the FHLBs is to liquefy the housing
related assets of its members who must purchase
stock in their district Bank.
FEDERAL OPEN MARKET COMMITTEE (FOMC):
Consists of seven members of the Federal
Reserve Board and five of the twelve Federal
Reserve Bank Presidents. The President of the
New York Federal Reserve Bank is a permanent
member, while the other Presidents serve on a
rotating basis. The Committee periodically meets
to set Federal Reserve guidelines regarding
purchases and sales of Government Securities in
the open market as a means of influencing the
volume of bank credit and money.
FEDERAL RESERVE SYSTEM: The central bank of
the United States created by Congress and
consisting of a seven member Board of Governors
in Washington, D.C., 12 regional banks and about
5,700 commercial banks that are members of the
system.
GOVERNMENT NATIONAL MORTGAGE
ASSOCIATION (GNMA or Ginnie Mae): Securities
influencing the volume of bank credit guaranteed
by GNMA and issued by mortgage bankers,
commercial banks, savings and loan associations,
and other institutions. Security holder is
protected by full faith and credit of the U.S.
Government. Ginnie Mae securities are backed
by the FHA, VA or FMHM mortgages. The term
"pass-throughs" is often used to describe Ginnie
Maes.
LAIF (Local Agency Investment Fund) - A special
fund in the State Treasury which local agencies
may use to deposit funds for investment. There
is no minimum investment period and the
minimum transaction is $5,000, in multiples of
$1,000 above that, with a maximum balance of
W
$50,000,000 for any agency. The City is
restricted to a maximum of ten transactions per
month. It offers high liquidity because deposits
can be converted to cash in 24 hours and no
interest is lost. All interest is distributed to those
agencies participating on a proportionate share
basis determined by the amounts deposited and
the length of time they are deposited. Interest is
paid quarterly. The State retains an amount for
reasonable costs of making the investments, not
to exceed one-half of one percent of the earnings.
LIQUIDITY: A liquid asset is one that can be
converted easily and rapidly into cash without a
substantial loss of value. In the money market, a
security is said to be liquid if the spread between
bid and asked prices is narrow and reasonable size
can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP):
The aggregate of all funds from political
subdivisions that are placed in the custody of the
State Treasurer for investment and reinvestment
MARKET VALUE: The price at which a security is
trading and could presumably be purchased or
sold.
MASTER REPURCHASE AGREEMENT: A written
contract covering all future transactions between
the parties to repurchase --reverse repurchase
agreements that establishes each party's rights in
the transactions. A master agreement will often
specify, among other things, the right of the
buyer -lender to liquidate the underlying securities
in the event of default by the seller -borrower.
MATURITY: The date upon which the principal or
stated value of an investment becomes due and
payable
MONEY MARKET: The market in which short-term
debt instruments (bills, commercial paper,
bankers' acceptances, etc.) are issued and traded.
OFFER: The price asked by a seller of securities.
(When you are buying securities, you ask for an
offer.) See Asked and Bid.
OPEN MARKET OPERATIONS: Purchases and
sales of government and certain other securities in
the open market by the New York Federal Reserve
w 290
Bank as directed by the FOMC in order to
influence the volume of money and credit in the
economy. Purchases inject reserves into the
bank system and stimulate growth of money and
credit; sales have the opposite effect. Open
market operations are the Federal Reserve's most
important and most flexible monetary policy tool.
PORTFOLIO: Collection of all cash and securities
under the direction of the City Treasurer,
including Bond Proceeds.
PRIMARY DEALER: A group of government
securities dealers who submit daily reports of
market activity and positions and monthly
financial statements to the Federal Reserve Bank
of New York and are subject to its informal
oversight. Primary dealers include Securities and
Exchange Commission (SEC) -registered securities
broker -dealers, banks and a few unregulated
firms.
QUALIFIED PUBLIC DEPOSITORIES: A financial
institution which does not claim exemption from
the payment of any sales or compensating use or
ad valorem taxes under the laws of this state,
which has segregated for the benefit of the
commission eligible collateral having a value of
not less than its maximum liability and which has
been approved by the Public Deposit Protection
Commission to hold public deposits.
RATE OF RETURN: The yield obtainable on a
security based on its purchase price or its current
market price. This may be the amortized yield to
maturity on a bond the current income return.
REPURCHASE AGREEMENT (RP OR REPO): A
holder of securities sells these securities to an
investor with an agreement to repurchase them
at a fixed price on a fixed date. The security
"buyer" in effect lends the "seller" money for the
period of the agreement, and the terms of the
agreement are structured to compensate him for
this. Dealers use RP extensively to finance their
positions. Exception: When the Fed is said to be
doing RP, it is lending money that is increasing
bank reserves.
REVERSE REPURCHASE AGREEMENTS (RRP or
RevRepo) - A holder of securities sells these
securities to an investor with an agreement to
[CIO"
repurchase them at a fixed price on a fixed date.
The security"buyer" in effect lends the"seller"
money for the period of the agreement, and the
terms of the agreement are structured to
compensate him for this. Dealers use RRP
extensively to finance their positions. Exception:
When the Fed is said to be doing RRP, it is lending
money that is increasing bank reserves.
SAFEKEEPING: A service to customers rendered
by banks for a fee whereby securities and
valuables of all types and descriptions are held in
the bank's vaults for protection.
SECONDARY MARKET: A market made for the
purchase and sale of outstanding issues following
the initial distribution.
SECURITIES & EXCHANGE COMMISSION: Agency
created by Congress to protect investors in
securities transactions by administering securities
legislation.
SEC RULE 15C3-1: See Uniform Net Capital Rule.
STRUCTURED NOTES: Notes issued by
Government Sponsored Enterprises (FHLB, FNMA,
SLMA, etc.) and Corporations which have
imbedded options (e.g., call features, step-up
coupons, floating rate coupons, derivative -based
returns) into their debt structure. Their market
performance is impacted by the fluctuation of
interest rates, the volatility of the imbedded
options and shifts in the shape of the yield curve.
SURPLUS FUNDS: Section 53601 of the California
Government Code defines surplus funds as any
money not required for immediate necessities of
the local agency. The City has defined immediate
necessities to be payment due within one week.
TREASURY BILLS: A non -interest bearing discount
security issued by the U.S. Treasury to finance the
national debt. Most bills are issued to mature in
three months, six months or one year.
TREASURY BONDS: Long-term coupon -bearing
U.S. Treasury securities issued as direct
obligations of the U.S. Government and having
initial maturities of more than 10 years.
TREASURY NOTES: Medium -term coupon -bearing
291
U.S. Treasury securities issued as direct
obligations of the U.S. Government and having
initial maturities from two to 10 years.
UNIFORM NET CAPITAL RULE: Securities and
Exchange Commission requirement that member
firms as well as nonmember broker -dealers in
securities maintain a maximum ratio of
indebtedness to liquid capital of 15 to 1; also
called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm,
including margin loans and commitments to
purchase securities, one reason new public issues
are spread among members of underwriting
syndicates. Liquid capital includes cash and
assets easily converted into cash.
UNIFORM PRUDENT INVESTOR ACT: The State
of California has adopted this Act. The Act
contains the following sections: duty of care,
diversification, review of assets, costs,
compliance determinations, delegation of
investments, terms of prudent investor rule, and
application.
YIELD: The rate of annual income return on an
investment, expressed as a percentage. (a)
INCOME YIELD is obtained by dividing the current
dollar income by the current market price for the
security. (b) NET YIELD or YIELD TO MATURITY
is the current income yield minus any premium
above par or plus any discount from par in
purchase price, with the adjustment spread over
the period from the date of purchase to the date
of maturity of the bond.
29
40 ""
a 2
V —ter S
r
F`N OF'FN�'O
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Consideration of Ordinance Amending
Chapters 1 and 10 of the La Quinta Municipal
Code Relating to Infraction and Misdemeanor Fine
Levels and Animal Bite Regulations
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
A. Motion to take up Ordinance No. _ by title and number only and waive
further reading.
B. Motion to introduce Ordinance No. on first reading.
FISCAL IMPLICATIONS:
The City could receive additional fines under the increased fine schedule provided
in the Ordinance. However, the City will likely incur additional administrative costs
in enforcing the new regulations. In addition, it is likely that additional attorneys'
fees would be incurred by the City for code enforcement activities relating to these
proposed new regulations.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
At the May 18, 2010 City Council meeting, the City Attorney presented a
Department Report regarding potential revisions to the City's animal control
regulations. A copy of that report is Attachment 1. After a discussion of the
report, the City Council directed the City Attorney to prepare an ordinance to
"toughen up" the regulations relating to dogs at large and to dog bites. The
Council did not wish to modify the licensing requirements to require proof of
insurance and also did not wish to adopt spay or neutering mandates for specific
breeds of dogs.
In, e 293
In order to define an act as a crime, the act must be carried out with criminal intent
or criminal negligence. Violation of the City's Municipal Code is either an infraction
or a misdemeanor. Infractions are punishable by smaller fines (from $100 up to
$500 per state law) and carry no risk of jail time. A person cited for an infraction
has no right to a jury trial or to appointed legal counsel. Misdemeanor fines are
higher (up to $1000) and carry the possibility of jail time of up to six months. As a
result, the defendants have the right to a jury trial and to appointed counsel if they
cannot afford an attorney.
The City's Municipal Code has not established fines at the level permitted by the
California Government Code. Staff is recommending that the general provisions of
the Municipal Code be revised to track the levels of fines permitted by the
Government Code. The suggested revisions are shown on Exhibit A to the
proposed Ordinance.
The Ordinance prepared for the City Council's consideration would add new
provisions that impose fines upon the owners of dogs that bite in certain
circumstances. The regulation would not apply in any of the following
circumstances: (1) the person bitten was provoking the animal at the time of the
bite; (2) the person bitten was engaged in an unlawful activity at the time of the
bite; (3) the animal was within a fenced or otherwise enclosed area at the time of
the bite; (4) the animal was on a leash meeting the requirements of Section
10.28.010 at the time of the bite; or (5) the person bitten was performing services
at a veterinary facility at the time of the bite. In all other circumstances, the owner
of a dog that bites a person would be cited with an infraction, which would be
punishable with a $100 fine. If the dog bites a second time, the owner would be
charged with a misdemeanor, and could face a $1000 fine and six months in jail.
Run of the mill off -leash offenses with
infractions, with the first violation being
and the third violation being $500.
no bite involved would be treated as
$100, the second violation being $250,
An off -leash violation for a dog that has bitten a person or has been declared
vicious would be treated as a misdemeanor, even if the dog does not bite anyone
during the off -leash episode.
Misdemeanors would be prosecuted in court. The City Attorney's office would
have to prosecute the actions. One of the remedies that the City could seek in
such cases is restitution to the victims.
FINDINGS AND ALTERNATIVES:
1. A. Motion to take up Ordinance No. _ by title and number only and waive
further reading.
294
B. Motion to introduce Ordinance No. on first reading.
2. Do not adopt the proposed Ordinance.
3. Provide the City Staff with alternative direction.
Respectfully submitted,
�i -i
J
M. Katherine Jenson, City Attorney
Approved for submission by: ^
Thomas P. Genovese, City Manager
Attachment: 1. May 18, 2010 Department Report
«y 295
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING THE LA
QUINTA MUNICIPAL CODE TO IMPOSE HIGHER
PENALTIES FOR INFRACTIONS AND MISDEMEANORS IN
GENERAL, AND ADDING A NEW SECTION RELATING TO
ANIMAL BITES
WHEREAS, dog bites pose a potential threat to public health, safety, and
general welfare; and
WHEREAS, the City finds that in order to help prevent dog bites from
occurring, it is necessary to impose stricter penalties on the owners of dogs that
bite; and
WHEREAS, the City further wishes to increase the maximum fine amounts
for general infractions and misdemeanors to bring those fines into line with the
maximum penalties allowed under state law.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. Chapter 1.01 of Title 1 of the La Quinta Municipal Code is hereby
amended by revising Section 1 .01.220 and Section 1.01.230 thereof as shown in
Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 2. Chapter 10.16 of Title 10 of the La Quinta Municipal Code is hereby
amended by revising Section 10.16.090 thereof as shown in Exhibit B, attached
hereto and incorporated herein by this reference.
SECTION 3. Chapter 10.28 of Title 10 of the La Quinta Municipal Code is hereby
amended by revising Section 10.28.010 thereof as shown in Exhibit C, attached
hereto and incorporated herein by this reference.
SECTION 4. EFFECTIVE DATE: This Ordinance shall become effective and be in
full force and effect thirty (30) days after its adoption.
SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the Book of Ordinances of the City of La Quinta.
296
Ordinance No. 2010-
Animal Bites
Adopted: June 15, 2010
Page 2 of 7
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta
City Council held this 15 day of June, 2010, by the following vote:
AYES: Council Members
NOES:
ABSENT:
ABSTAIN:
"i ld:&W
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
*Ordinances are adopted on second reading.
DON ADOLPH, Mayor
City of La Quinta, California
4 297
Ordinance No. 2010-
Animal Bites
Adopted: June 15, 2010
Page 3 of 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA 1
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
(enter number) which was introduced at a regular meeting on the (date) day of
(month), (year), and was adopted at a regular meeting held on the (date) day of
(month), (year), not being less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on
pursuant to Council Resolution.
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
«... 298
Ordinance No. 2010-
Animal Bites
Adopted: June 15, 2010
Page 4 of 7
EXHIBIT A
Amendments to La Quinta Municipal Code Chapter 1.01
(Note: Deletions are shown in sire threugh text and
additions are shown in italics and double underlines.)
1.01.220 Establishment of offenses as infractions.
Any violation expressly declared to be punishable, in the discretion of the
court, by either a fine, or by a fine or imprisonment, or both, shall become an
infraction for all purposes under any of the following circumstances:
A. Where a judgment imposes a punishment of a fine not exceeding
one hundred dollars in the case of a first offense; or
B. When the court grants probation to a defendant without the imposition
of a sentence and, at the time of granting probation, or on application of the
defendant or probation officer thereafter, the court declares the offense to be an
infraction; or
C. When the city attorney or any deputy district attorney files in a court
having jurisdiction over misdemeanor offenses a complaint specifying that the
offense is an infraction.
1.01.230 Punishments.
A. Any person convicted of a misdemeanor under the provisions of this
code shall be punishable by a fine of not more than five hundred one thousand
dollars, or by imprisonment in the county jail for a period not exceeding six months,
or by both such fine and imprisonment.
B. Any person convicted of an infraction under the provisions of this
code shall be punishable for a first conviction by a fine of not more than f#ty one
hundred dollars, for a second conviction within a period of one year by a fine of not
more than one two hundred dollars, and for a third or any subsequent conviction
within a period of one year by a fine of not more than two five hundred fifty
dollars.
Ordinance No. 2010-
Animal Bites
Adopted: June 15, 2010
Page 5 of 7
/:ll:l111111111'i
Amendments to La Quinta Municipal Code Chapter 10.16
(Note: Deletions are shown in stt+ke t ifeUgh text and
additions are shown in italics and double underlines.)
10.16.090 Animal bite unlawful.
—
i Elm
A. Biting anima/ defined. For purposes of this Section an animal bite
shall be considered to have occurred when any animal bites any person in the City,
provided, however, that the bite will not be subiect to this Section if: (1) the
person bitten was provoking the animal at the time of the bite; (21 the person
bitten was engaged in an unlawful activity at the time of the bite; (3) the anima/
was within a fenced or otherwise enclosed area at the time of the bite; -NI-the
animal was on a leash meeting the requirements of Section 10.28.010 at the time
of the bite; or (5) the person bitten is performing services at a veterinary facility at
the time of the bite For the purposes of this Section the records of animal bites
kept by the City shall be deemed official records and shall establish a rebuttal
presumption of the number of bites recorded against a particular animal.
B. First offense. if an animal is reported to and determined by the Citv to
have bitten any person, the owner or guardian of said animal shall be guilty of an
infraction punishable by a fine as provided in Section 1 01.220 of this Code. Upon
investigating and ver_ifyng a complaint of an animal bite an animal control officer
shall issue a citation to the owner or guardian of said animal. This citation shall be
in addition to any action the animal control officer may deem appropriate pursuant
to Section 10.20.090 of this Title.
C. Subsequent offense. if an animal is reported to and determined by the
City to have bitten any person after a first offense citation has been issued, or the
animal has previously been adjudged to be dangerous or vicious as provided in
Section 10 20 090 of this Title and bites any person subsequent to that
adjudication the owner or guardian of said animal shall be guilty of a misdemeanor
punishable by a fine of not more than $1,000 or by imprisonment in the County
Jail for a period of not more than six months, or by both such fine and
imprisonment. Upon investkating and verifying a complaint of a second animal
.... 300
Ordinance No. 2010-
Animal Bites
Adopted: June 15, 2010
Page 6 of 7
bite or any animal bite by a dangerous or vicious animal, an animal control officer
shah issue a citation to the owner or guardian of said animal. This citation shall be
in addition to any action the animal control officer may deem appropriate pursuant
to Section 10.20.090 of this Title.
D. The owner of any animal which has bitten, attacked or shown the disposition,
tendency, or propensity to attack, bite, or otherwise cause injury or attempt to
cause injury to a person engaged in lawful activity who causes or allows such
animal to be at large shall be gujlty of a misdemeanor punishable by a fine of not
more than $1,000 or by imprisonment in the County Jajl for a period of not more
than six months, or by both such fine and imprisonment.
P 3a1
K.r '
Ordinance No. 2010-
Animal Bites
Adopted: June 15, 2010
Page 7 of 7
W N:113rtd
Amendments to La Quinta Municipal Code Chapter 10.28
(Note: Deletions are shown in stfike-through text and
additions are shown in italics and double underlines.)
10.28.010 Dogs running at large.
A. No owner or keeper of a dog shall allow or permit the dog, whether
licensed or unlicensed, to be or run at large in or upon any public place or premises,
or in or upon any unenclosed private place or premises, or in or upon any enclosed
private place or premises other than those of the owner or keeper except with
consent of the person in charge of the private place or premises where the dog is
found, unless the dog is securely restrained by a substantial leash not exceeding
twelve feet in length and is in charge and control of a person competent to keep
the dog under effective control. No lead, leash, tether, or chain used to secure a
dog on private property shall extend into the right-of-way. Voice control, electronic
control, eye control or signal control shall not be considered adequate restraint. if
any dog at large bites any person, the owner or guardian of such dog shall be
deemed guilty of an infraction or a misdemeanor as provided in Section 10. 16.090.
B. Any animal found at large three times or more during any twenty-four
month period shall be deemed a public nuisance. Such animal, upon impoundment,
will be held until the owner provides secure containment for the animal. The owner
shall be responsible for any fees incurred in holding the animal. If the owner fails to
provide acceptable containment within thirty days, the animal may be destroyed by
humane means. Only when acceptable containment has been provided, and
approved by the animal control department, will the animal be released to the
owner. The determinations by the animal control department shall be subject to
appeal, and any appeal to a decision under this section shall be handled consistent
with the hearing procedures as set forth in Section 10.20.090 of this title.
w. 302
-7-
Attachment 1
Department Report: 9 "A
1�
FyOFT� 4
TO: Honorable Mayor and Members of the La Q,ujjinta Z
Council
FROM: M. Katherine Jenson, City Attomey,,,Q/-!%.�,
DATE: May 18, 2010 v �� ((pp//""
SUBJECT: Legal Opinion Regarding Proposed Animal Control Ordinances
INTRODUCTION AND FACTUAL BACKGROUND
At its meeting of May 4, 2010, the City Council directed this office to analyze the
following issues in connection with several animal control regulations under
consideration by the City:
(1) May the City lawfully require liability insurance for all dogs as a
prerequisite for obtaining a dog license pursuant to Chapter 10.08 of the La Quinta
Municipal Code ("Municipal Code" or "LQMC")?
(2) May the City adopt a regulation that makes a dog bite a criminal violation
under the Municipal Code?
(3) May the City require breed -specific mandatory spaying or neutering of
certain dog breeds?
11. EXECUTIVE SUMMARY
(1) Liability Insurance. The City can probably amend the Municipal Code to
require dog owners to provide proof of homeowner's or renter's insurance as a
prerequisite to obtaining a dog license. It is my understanding that such policies, if
obtained, normally do extend to liability arising from dog bites. Generally, in applying for
a policy, the insured is required to answer certain questions relating to dog ownership.
If the insured has one or more dogs, the insurance company will solicit information
about training and behavior designed to determine if the dog is a risk to insure.
Insurance companies such as State Farm do provide coverage for all breeds of dogs,
provided that the dogs are not otherwise determined to be a risk based upon the
Z �
. r
».: a
333
Honorable Mayor and Members of the La
Quinta City Council
Page 2
information obtained from the insured. I have heard, but have not verified, that some
carriers may not issue homeowner's or renter's policies to owners of certain breeds of
dogs, or that they may include exclusions for injuries caused by certain breeds of dogs.
Imposing a "proof of insurance" requirement could pose practical implementation
problems for the City. Insurance carriers do not issue "dog insurance" per se, but
simply incorporate such coverage into the policies it otherwise issues to homeowners or
renters. City staff would have to review the applicant's homeowner's or renter's policy
to verify that it was current and contained no exclusions for dog bites. This would add
to the administrative cost of issuing dog licenses. This City would want to incorporate
the cost of such review into the licensing fee. The added cost and/or paperwork may
discourage residents from obtaining licenses for their dogs. In addition, residents who
rent their homes often do not carry renter's insurance. Having to obtain such insurance
in order to license a dog may discourage registration. To reduce the City's
administrative costs, the City may wish to consider requiring dog owners to sign an
affidavit under penalty of perjury as part of the application process for a dog license,
verifying that he or she has liability coverage.
(2) Dog Bite Violations. It is unlikely the City can impose strict liability on dog
owners for dog bites in a criminal ordinance because of due process requirements.
However, the City may be able to add a provision to the Municipal Code that makes an
owner guilty of a misdemeanor if his or her dog bites someone and the owner is found
to have acted in a negligent or reckless manner thatt contributed to the injury (for
example, failing to take reasonable steps to confine the animal). However, there are
several existing state and local laws that may already address the concerns raised by
members of the public and provide the City with the enforcement tools it needs to take
appropriate action in dog -bite cases.
(3) Mandatory Spay/Neuter Programs. Yes, the City may lawfully adopt a
breed -specific spay or neuter program. State law expressly authorizes local authorities
to adopt such programs. However, if the City adopts breed -specific spay/neuter
requirements, state law imposes certain mandatory reporting duties on the City
designed to measure the effectiveness of the program. Specifically, the City will be
required to compile statistical information on dog -bite cases and submit this data to the
State Public Health Veterinarian quarterly.
III. DISCUSSION
A city's police power allows it to regulate animals to protect the health, safety and
welfare of the general public.' This includes maintaining sanitary conditions within the
city and collecting fees sufficient to continue providing animal control services. A city
may exercise its police powers to provide reasonable regulation of domestic animals, so
long as arbitrary and unreasonable burdens are not imposed.
' See Cal. Const. art. XI, § 7.
•»� 2 � 6
304
Honorable Mayor and Members of the La
Quinta City Council
Page 3
1. Liability Insurance
The City's constitutional authority to regulate will generally "be upheld if 'it is
reasonably related to promoting the public health, safety, comfort, and welfare, and if
the means adopted to accomplish that promotion are reasonably appropriate to the
purpose. ,,2 State law governs the regulation and licensing of dogs and cats.3 Under
this legislative scheme, cities may impose and collect license fees to offset the cost of
maintaining services related to dogs (for example, animal shelters and control
programs)."
The courts have found that local regulations that control the number and type of
animals that are allowed in areas of the city, ban the keeping of certain animals in urban
settings, limit the number of dogs in residential areas, and require identification tags on
dogs are proper exercises of municipal police powers.5 However, cities may not make
the possession of dogs or cats a nuisance per se or declare particular breeds to be
potentially dangerous or vicious.6
In Simpson v. City of Los Angeles, the court upheld the City of Los Angeles'
licensing system that required dogs to wear tags on their collars at all times as a
reasonable city regulation. The court first noted:
It is well settled that the licensing of dogs and the regulation
of the manner in which they shall be kept and controlled are
within the legitimate sphere of the police power, and that
statutes and ordinances may provide for impounding dogs
and for their destruction or other disposition.'
The Simpson court went on to hold that the ordinance's requirement that each dog, at
all times while at large on public streets, wear a numbered license tag bearing the name
and address of its owner was a reasonable means to (i) enable the city to ascertain the
owner's identity, and (ii) ensure that an owner received notice if his/her dog wandered
off and was picked up by the city's enforcement division.8
A requirement that pet owners produce proof of insurance in order to obtain a
dog license might be equally reasonable. As discussed more fully below in section 2 of
this memorandum, California law imposes strict liability on dog owners for any damages
Z Sunset Amusement Co. v. Board of Police Commissioners (1972) 7 Cal.3d 64, 72 [internal citations
omitted).
3 Cal. Food & Agric. Code §§ 30501 at seq.
4 Cal. Gov. Code § 38792; Cal. Food & Agric. Code §§ 30501-30504.
5 In re Jones (1943) 56 Cal.App.2d 658, 664; Ex Parte Ellis (1938) 11 Cal.2d 571, 575; Miller v. Arcadia
(51932) 121 Cal.App. 660, 662; Simpson v. City of Los Angeles (1953) 40 Cal.2d 271, 281.
People v. Cooper (1944) 64 Cal.App.2d 946; Cal. H. & S. Code § 122331(a),
Simpson, 40 Cal.2d at 279.
e Id. at 281.
Honorable Mayor and Members of the La
Quinta City Council
Page 4
suffered by a person who is bitten by the dog owner's dog.9 The dog -bite statute is
designed "to prevent dogs from becoming a hazard to the community" by holding dog
owners to a standard of care to prevent his or her dog from biting persons in public
places or in certain private places, and assigning strict liability for its breach.10 Although
our office was unable to locate any other jurisdiction in California that impose similar
requirements, a strong argument can be made that requiring dog owners to present
proof of financial responsibility is reasonable to ensure that they are financially able to
fulfill their obligations under the Civil Code and to protect dog -bite victims who are in no
way at fault for the attack.
Such a requirement is similar to the proof of financial responsibility required to
register a motor vehicle in California. While owning a motor vehicle, in and of itself, is
not inherently dangerous, the negligent or reckless operation of that motor vehicle could
inflict harm on others. Therefore, the Legislature requires proof that motor vehicle
owners have the financial ability to pay for any damages their respective vehicles
cause. The proposed proof of liability coverage for dog owners serves a similar
purpose here.
Requiring liability insurance for dogs may, however, pose some practical
implementation problems for the City. Our office spoke to two insurance carriers. Both
of these contacts indicated that there is no absolute ban on insurance coverage for any
speck breed of dog (which is consistent with the Legislature's policy expressed in
Health & Safety Code Section 122330 that "no breed is inherently dangerous" and the
limitations on adopting breed -specific regulations set forth in Health & Safety Code
Section 122331 and discussed more fully below in part 3 of this memorandum). Rather,
whether coverage is extended for a particular animal will depend on the individual
animal itself, and whether it has exhibited aggressive or vicious behavior or previously
bitten a human being or another animal.
The City should also be aware that insurance carriers do not issue "dog
insurance." Any coverage provided will be provided as part of the dog owner's
homeowner's or renter's policy. This will make imposing an insurance requirement on
dog owners difficult, since no "proof of coverage' forms exist for such coverage. On the
contrary, a "Certificate of Insurance" will merely indicate whether the owner has
homeowner's or renter's liability coverage; it will not denote whether the policy covers
dog bites. Thus, the City would need to obtain copies of the applicable homeowner's or
renter's policy to determine if coverage was provided and whether it contained any
exclusions of coverage.
Alternatively, the City may wish to consider requiring applicants for a dog license
to sign an affidavit under penalty of perjury verifying that the applicant has liability
coverage for dog bites at a specified level of coverage. The City could also attempt to
9 Cal. Civ. Code § 3342.
10 Priebe v. Nelson (2006) 39 Cal.4th 1112, 1122.
«_ 2 2% II
« ' U6
Honorable Mayor and Members of the La
Quinta City Council
Page 5
develop an endorsement form for insurance carriers to provide the necessary
information. However, insurance companies are generally reluctant to utilize such
forms, so it may ultimately be infeasible to pursue this latter route.
The City Council will want to consider the practical impacts of adopting such a
requirement, which could include an increase in unlicensed dogs. Persons who have
insurance may not wish to deal with the added burden of producing the necessary
paperwork to demonstrate that they hold such insurance. Dog owners who rent their
homes and have chosen not to obtain renter's insurance would be ineligible to license
their dogs. If the burden of verifying coverage is placed upon City staff, the processing
costs for licensing would increase, and presumably this would be passed on to the
person seeking the license.
2. Criminal Penalties for Dog Bites
Residents have asked the City to adopt laws that essentially impose criminal
penalties for dog bites upon the owners of the offending animals.
California law already imposes strict liability in the civil arena on dog owners for
any damages suffered by a person who is bitten by the dog owner's dog. Civil Code
section 3342 provides, in pertinent part:
The owner of any dog is liable for the damages suffered by
any person who is bitten by the dog while [the victim is] in a
public place or lawfully in a private place, including the
property of the owner of the dog, regardless of the former
viciousness of the dog or the owner's knowledge of such
viciousness."
Civil Code section 3342 allows a victim to recover damages caused by a dog bite
without having to show fault, i.e., under strict liability. However, it applies only in
specked circumstances, one of which is that the victim be in a public place or lawfully
on the premises when bitten. The statute does not purport to abrogate any common
law remedies that might also be available to a dog -bite victim, but merely withholds the
benefits of strict liability from those guilty of trespassing. As noted previously, the
statute is designed "to prevent dogs from becoming a hazard to the community" by
holding dog owners to a high standard of care, and assigning strict liability for its
breach.
In addition, Civil Code Section 3342.5 imposes a duty on owners of dogs that
have bitten a human being to "take such reasonable steps as are necessary to remove
any danger presented to other persons from bites by the animal." Section 3342.5
" Cal. Civ. Code § 3342(a).
» 30.7` 229
Honorable Mayor and Members of the La
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Page 6
provides additional civil remedies when the dog owner has knowledge of his or her
animal's propensity to bite.
The Penal Code also imposes criminal penalties on dog owners for their dogs
actions under certain circumstances. Penal Code section 399 provides:
(a) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers
it to go at large, or keeps it without ordinary care, and the
animal, while so at large, or while not kept with ordinary
care, kills any human being who has taken all the
precautions that the circumstances permitted, or which a
reasonable person would ordinarily take in the same
situation, is guilty of a felony.
(b) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers
it to go at large, or keeps it without ordina care, and the
animal, while so at large, or while not kept with ordinary
care, causes serious bodily injury to any human being who
has taken all the precautions that the circumstances
permitted, or which a reasonable person would ordinarily
take in the same situation, is guilty of a misdemeanor or a
felony. [Emphasis added.]
Penal Code section 399.5 provides, in pertinent part:
Any person owning or having custody or control of a dog
trained to fight, attack or kill is guilty of a felony or a
misdemeanor, punishable by imprisonment in the state
prison for two, three, or four years, or in a county jail not to
exceed one year, or by a fine not exceeding ten thousand
dollars ($10,000), or by both the fine and imprisonment, if, as
a result of that person's failure to exercise ordinary care the
dog bites a human being on two separate occasions or on
one occasion causing substantial physical ink. No person
shall be criminally liable under this section, however, unless
he or she knew or reasonably should have known of the
vicious or dangerous nature of the dog, or if the victim failed
to take all the precautions that a reasonable person would
ordinarily take in the same situation. 12
'Z Cal. Pen. Code § 399.5(a) [emphasis added].
230
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Honorable Mayor and Members of the La
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The basic purpose of section 399 is to protect people against fatal attacks by
"mischievous animals," where the victim is in no way at fault for the attack.t3 It does so
by punishing those who know their animals are "mischievous" but allow them to run free
or keep them in a negligent manner.t4
The important aspect of both Penal Code section 399 and 399.5 is that they
require some knowledge of the dog's aggressive or vicious propensities on the part of
the owner and a failure to act with reasonable care to confine the animal. Such
knowledge of the required conduct and the consequences for failing to act accordingly
are imperative in the criminal arena.
Penal Code section 20 provides: "In every crime or public offense there must
exist a union, or joint operation of act and intent, or criminal negligence. [Emphasis
added.]" Section 20 does not apply to regulatory offenses or infractions subsequently
created by statute in order to safeguard the public health and safety.15 Although these
regulatory statutes impose strict liability, such offenses usually involve light penalties
and no damage to reputation. "Although criminal sanctions are relied upon, the primary
purpose of strict liability statutes is regulation rather than punishment or correction. The
offenses are not crimes in the orthodox sense, and wrongful intent is not required in the
interest of enforcement. [Citations.]"16
For example, an ordinance forbidding owners to "allow" their unleashed dogs to
be on public property imposes a "positive duty" to prevent unleashed dogs from being
present. The ordinance is violated even where there is no proof the owner intentionally
or willfully caused the dog to roam loose. Its requirement that a dog must be kept on its
owner's property or on a leash is violated by any owner of a dog not so confined. Any
violation of the law results in an infraction and opens the owner to civil liability for
damage caused by the dog.17 However, the violation subjects the owner only to citation
and possible liability for the acts of such an unsecured dog.18
Penal Code sections 399 and 399.5, on the other hand, withstands scrutiny
because "the statute puts a reasonable person on notice of criminal consequences if he
or she fails to act with reasonable care in keeping a mischievous animal. In our view,
defendant could (and should) have reasonably foreseen that the statute would apply if
13 See, e.g., People v. Berry (1991) 1 Cal.App.4th 778, 783 (citing People v. Sandgren (1951) 302 N.Y.
331 i98 N.E.2d 460, 465 [explaining similar statute].)
14 Id.
15 See, People v. Vogel (1956) 46 Cal.2d 798, 801.
76 Delfino v. Sloan (1993) 20 Cal.App.41h 1429, 1436 (citing People v. Vogel (1956) 46 Cal.2d 798, 801.
fn. 2; accord, People v. Wells (1968) 261 Cal.App.2d 468, 478 ["Although criminal statutes are not often
construed to impose sanctions in the absence of mens rea or guilty intent, an exception occurs where the
statute is an expression of a legislative policy to be served by strict liability."]: accord, People v. Martin
Q989) 211 Cal.App.3d 699, 713: People v. Telfer(1991) 233 Cal.App,3d 1194, 1203.).
Id. at 1436.
16 Id. at 1438.
231
Honorable Mayor and Members of the La
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Page 8
his negligence allowed [his dog] to kill a person incapable of acting with reasonable care
such as a two -year -old toddler."t9
In La Quinta, the Municipal Code also contains some regulations regarding dog
bites and curbing dogs. Section 10.16.090, which somewhat tracks Penal Code 399,
provides:
It shall be unlawful for the owner of any animal which has
bitten, attacked, or shown the disposition, tendency, or
propensity to attack, bite, or otherwise cause injury or
attempt to cause injury to a person engaged in lawful activity
to cause or allow such animal to be at large.
Here, the City could easily expand the scope of section 10.16.090 to make
allowing such a dog to be at large a misdemeanor in situations where it results in a dog
bite or other injury. As was the case with Penal Code sections 399 and 399.5, such a
regulation puts a reasonable person on notice of the criminal consequences if he or she
fails to act with reasonable care to keep an animal that has bitten, attached, or shown
aggressive tendencies.
In addition, the Municipal Code contains a leash law. Section 10.28.010
provides, in pertinent part:
No owner or keeper of a dog shall allow or permit the dog,
whether licensed or unlicensed, to be or run at large in or
upon any public place or premises, or in or upon any
unenclosed private place or premises, or in or upon any
enclosed private place or premises other than those of the
owner or keeper except with consent of the person in charge
of the private place or premises where the dog is found,
unless the dog is securely restrained by a substantial leash
not exceeding twelve feet in length and is in charge and
control of a person competent to keep the dog under
effective control. No lead, leash, tether, or chain used to
secure a dog on private property shall extend into the right-
of-way. Voice control, electronic control, eye control or signal
control shall not be considered adequate restraint.
While section 10.28.010 could not be used alone to establish criminal
consequences, violation of the leash law could be used to establish "negligence per se."
In Delfino v. Sloan, that violation of a similar county leash law constituted negligence
18 People v. Berry, supra, 1 Cal.App.4th at 784-785.
232
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Honorable Mayor and Members of the La
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Page 9
per se for the purposes of imposing civil liability on the dog owner for injuries inflicted by
the dog while at large.20
Based on the foregoing authorities, our office does not believe the City can adopt
a regulation that imposes strict criminal liability on a dog owner for bites inflicted by his
or her animal where the owner has not acted negligently or recklessly. However, we do
believe the City may adopt regulations that make violation of, for example the leash law
embodied in section 10.28.010, negligence per se in establishing civil penalties for any
injuries caused by a dog while at large.
In addition, the City could amend section 10.16.090 to make it more clearly track
Penal Code section 399 and/or 399.5. Since section 10.16.090 requires prior
knowledge of a dog's aggressive behavior, it imposes a higher standard of care on the
owner of such a dog to prevent that animal from being at large. In those circumstances,
imposing criminal penalties on a dog owner who does not take reasonable precautions
to prevent such a dog from being at large comport with due process and clearly protects
the public health and safety.
Alternatively, the City could rely on the existing provisions in both state law and
the Municipal Code to address dog bites.
3. Breed -Specific Spaying/Neutering Requirements
California law expressly authorizes local jurisdictions to adopt breed -specific
spay or neuter programs for dogs .21 Although such programs may not declare any dog
breed to be inherently dangerous, the Legislature acknowledges that the uncontrolled
and irresponsible breeding of dogs has led to pet overpopulation, inhumane treatment
of animals, and public safety risks.22
Health and Safety Code section 122331 provides, in relevant part:
Cities and counties may enact dog breed -specific ordinances
pertaining only to mandatory spay or neuter programs and
breeding requirements, provided that no specific dog breed,
or mixed dog breed, shall be declared potentially dangerous
or vicious under those ordinances.23
Based on this authority, the City may adopt regulations that impose a mandatory duty
on the owners of certain dog breeds to spay or neuter those animals.
20 Defno v. Sloan, supra, 20 Cal.App. 4th at 1438-1439.
21 Cal. H. & S. Code § 122331.
22 See Cal. H. & S. Code § 122330.
23 Cal. H. & S. Code § 122331 (a). [Emphasis added.]
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Honorable Mayor and Members of the La
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If the City enacts such an ordinance, state law requires that the City measure the
effect of the program by compiling statistical information on dog -bite cases.24 At a
minimum, this data must include all of the following information:
a. the severity of the dog bite;
b. the breed of the dog involved;
C. whether the dog was altered; and
d. whether the breed involved was subject to the City's mandatory
spay/neuter program.25
State law will further require that the City submit this data to the State Public Health
Veterinarian26 on a quarterly basis each year.27
• :: t i w t t t t� r
If the City Council has any questions regarding the information provided in this
memorandum, or would like our office to pursue any of the options discussed herein,
please let me know.
24 Cal. H. & S. Code § 122331(b).
2e Id.
26 The State Public Health Veterinarian is part of the State Department of Public Health
27 Cal. H. & S. Code § 12231(b).
».... 234
»• 312
Twyl 4 4 QuiRm
COUNCIL/RDA MEETING DATE: .tune 15, 2010
ITEM TITLE: Discussion of Alternatives to Re -stripe
the Lanes on Avenida Bermudas to Reduce Traffic
Speeds and Volumes and to Allow Bicycle and Golf
Cart Lanes
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Discuss striping alternatives and provide direction to staff as to which design
configuration the City Council wishes to have included in the possible restriping of
Avenida Bermudas south of Avenue 52.
FISCAL IMPLICATIONS:
The cost ($10,500) to sandblast the existing striping and restripe Avenida
Bermudas would come from Fiscal Year 2010-2011 Public Works Department
Maintenance Division Budget.
CHARTER CITY IMPLICATIONS:
10MM
BACKGROUND AND OVERVIEW:
The City Traffic engineer has been receiving a number of requests to reconsider the
45 mph posted speed limit on Avenida Bermudas south of Avenue 52. Some
residents with homes fronting on Avenida Bermudas have expressed concern that
the speed limit is too high and drivers travel too fast along Avenida Bermudas
south of Avenue 52. Furthermore residents complain that the 25 mph zone
adjacent to Fritz Burns Park is not observed by drivers traveling north on Avenida
Bermudas. At the April 20, 2010 City Council meeting, a La Quinta Cove resident
spoke to the City Council on this issue. The City Council requested the Public
Works Department address this issue and return with some possible solutions.
313
The speed survey for the 45 mph posted speed limit was updated in 2007 as part
of the City-wide update of posted speed limits throughout the City. The posted
speed limit is based on the 85" percentile of the vehicle speeds that were recorded
during the survey to comply with California laws relating to the posting of speed
limits enforceable with radar by the Police Department. The 851" percentile speed
on Avenida Bermudas was 50 mph, which was lowered by the engineer to 45 mph
in recognition of the number of driveways and other features that might not be
apparent to unfamiliar drivers.
On narrow residential streets, traffic calming treatment such as speed humps, curb
extensions and other geometric changes may be used to lower speeds. However
on wide major streets such as Avenida Bermudas where speeds are higher such
treatments are not considered appropriate because of the increased potential for
collisions. Using stop signs to control speeds leads to a very high violation rate if
traffic volumes are not evenly distributed on all approaches to the intersection.
One possible method of addressing the concerns of Avenida Bermudas residents
would be to implement a "Road Diet." This has been successfully done in other
cities and has yielded a reduction in both vehicle speeds and collisions.
Implementing a "Road Diet" involves reducing existing lane widths to alter the
driver's perception of the road width which studies show leads to drivers slowing
down voluntarily. This could be accomplished on Avenida Bermudas by removing
the existing striping (Attachment 1) which currently provides for two through lanes
up to 20 feet in width in each direction on Avenida Bermudas south of Avenue 52
and implementing one of three alternative designs.
Alternative 1 would restripe Avenida Bermudas south of Avenue 52 from Calle
Durango to Calle Arroba to provide one twelve -foot wide through lane in each
direction and a fourteen -foot wide center turn lane (Attachment 2)• On the west
side of Avenida Bermudas in the southbound direction, there would be an eight -
foot wide parking lane and an eight -foot wide combination bike and golf cart lane.
On the east side of Avenida Bermudas in the northbound direction, there would be
a ten- foot wide combination bike and golf cart lane.
Alternative 2 would restripe Avenida Bermudas south of Avenue 52 from Calle
Durango to Calle Arroba to provide one ten -foot wide through lane in the south
bound direction, a ten -foot wide center turn lane and two ten -foot wide through
lanes in the northbound direction (Attachment 3). On the west side of Avenida
Bermudas in the southbound direction, there would be an eight -foot wide parking
lane and an eight -foot wide combination bike and golf cart lane. On the east side
of Avenida Bermudas in the northbound direction, there would also be an eight -foot
wide combination bike and golf cart lane.
"• 314
Alternative 3 would restripe Avenida Bermudas south of Avenue 52 from Calle
Durango to Calle Arroba to two travel lanes for northbound and southbound traffic
as currently exist today but the lanes would be narrowed to ten feet (Attachment
4). The remaining street width would be utilized to provide an eight -foot wide
parking lane on the west side of Avenida Bermudas in front of the existing homes
and two eight -foot wide combination bike and golf cart lanes on both sides of
Avenida Bermudas.
In all three alternatives, the existing striping in the block from Avenue 52 to Calle
Durango would remain as it exists because the Avenida Bermudas approach to
Avenue 52 requires sufficient turning lanes to handle the traffic during peak hours.
The new striping for all alternatives would be merged back to existing striping
south of Calle Arroba.
Technical Analysis
Traffic counts taken in May 2010 indicated that Avenida Bermudas is carrying just
over 10,000 vehicles per day between Calle Durango and Calle Sonora. The
average daily volume between Calle Monterey and Calle Colima is just over 6,200
vehicles per day. Experience in other communities has shown that "Road Diets"
similar to the one being proposed for Avenida Bermudas in alternative 1 are
successful if the average daily volume is less than 15,000 vehicles per day. In an
abundance of caution, staff conducted additional traffic counts on the approaches
to the two multi -way stop controlled intersections at the Calle Nogales and Calle
Colima. A capacity analysis was performed to determine if a single through lane in
each direction at these intersections could handle the peak hour traffic demand.
The analysis indicated that the Calle Colima intersection will operate at an
acceptable level of service. The Calle Nogales intersection would likely operate at
level of service "F" during the morning peak hour. The rest of the day it would
operate at a satisfactory level of service. Staff anticipates that up to one hundred
vehicles may divert to Eisenhower Drive during the morning peak hour due to the
capacity constraint of a single northbound lane on Bermudas. Currently
Eisenhower Drive is underutilized in both the morning and afternoon peak hours.
The level of service at the Calle Nogales and Calle Colima intersections would be
acceptable for all hours of the day in alternatives 2 and 3 because they both
provide two travel lanes in the northbound direction.
315
COST BENEFIT ANALYSIS
The cost associated with implementing either of the two alternatives will be
primarily associated with sandblasting removal of the existing striping and striping
the new lane configurations. The implementation of the new striping will be
approximately $10,500.
The benefits associated with implementing any of the proposed striping alternatives
are:
• Residents will have a clearly designated parking lane where they can park or
use to safely back out of their driveways.
• All three alternatives provide combination golf cart and bike lanes on one or
both sides of Avenida Bermudas. Currently there are no striped north/south
oriented golf cart lanes in the cove.
• With alternatives 1 and 2, a center turn lane will be provided which
currently does not exist. The lane will be used to make left -turns but more
importantly, to provide better separation between the northbound and
southbound lanes. The turn lane will also provide a refuge area for
pedestrians when crossing Avenida Bermudas.
• With alternatives 1 and 2, pedestrians will have to cross fewer moving lanes
of traffic.
• All three alternatives have the potential to reduce travel speed either by
reducing the number of travel lanes or reducing the lane widths to ten feet
as shown in alternatives 2 and 3. Studies performed on narrowing lanes to
ten feet have shown a reduction in vehicle speeds. Passenger vehicles and
trucks are no more than 8 feet wide. The narrow lanes require drivers to be
more careful in order to remain within the ten foot wide lanes because they
will be closer to other vehicles in the adjacent lanes. The existing lane
widths are up to 20 feet wide which allow drivers to drive less cautiously.
The disadvantages associated with implementing one of the striping alternatives
are:
• Traffic will take longer to go through the multi -way stop controlled
intersections at Calle Nogales and Calle Colima on the Avenida Bermudas
approaches, especially during the morning peak hour if alternative 1 is
implemented. Some traffic may also be diverted to Eisenhower Drive which
may or may not disrupt traffic patterns on that street.
«.. 1 316
FINDINGS AND ALTERNA'
The alternatives available to the City Council include:
1 . Approving one of the three proposed striping designs ; or
2. Do not approve any of the striping designs; or
3. Provide staff with alternative direction.
Respectfully submitted,
A-Ag "
othy ona n, P.E.
Public Wor s Dir for/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1 . Avenida Bermudas (Existing Layout)
2. Avenida Bermudas (Alternative 1 Layout)
3. Avenida Bermudas (Alternative 2 Layout)
4. Avenida Bermudas (Alternative 3 Layout)
»� 317
ATTACHMENT 1
'16
]" lwo�fw� 11 p
LU -I..
318
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
REPORTS/INFORMATIONAL ITEM: / 9
MINUTES
ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
April 7, 2010 10:01 a.m.
CALL TO ORDER
A. This regular meeting of the Architecture and Landscaping Review
Committee was called to order at 10:01 a.m. by Planning Manager
David Sawyer who led the Committee in the flag salute.
B. Committee Members Present: Jason Arnold, Ray Rooker, and
David Thoms
Committee Member Absent: None
C. Staff present: Planning Manager David Sawyer, Principal Planner
Stan Sawa, 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 December 2,
2009. There being no comments or corrections it was moved and
seconded by Committee Members Thoms/Rooker to approve the minutes
as submitted. Unanimously approved.
V. BUSINESS ITEMS:
A. Site Development Permit 2010-913 a request submitted by Shea
Homes for consideration of Architectural and Landscaping Plans for
three prototypical residential plans for use in Tract 35996 (Trilogy
Annexation) located east of the CVWD Dike #4, between Avenues
60 and 62, and west of Trilogy project.
»...^ 3?2
Architecture and Landscaping Review Committee
Minutes
April 7, 2010
Principal Planner Stan Sawa presented the information contained in
the staff report, a copy of which is on file in the Planning
Department.
Committee Member Arnold asked staff if the applicant was
proposing to remove the grass along the sidewalks by continuing
the planter and placing a smaller grassy area further in the center.
Committee Member Thorns said the grass was to be placed two
feet from the curb face, or if there was a sidewalk, it would be two
feet from the face of the sidewalk. Staff confirmed.
Committee Member Rooker suggested the applicant reverse the
design by placing the planter inward and the grass on the outside of
it. Committee Member Arnold said the applicant's proposed design
would prevent over spraying water on the sidewalk.
Perry Devlin, General Manager for Shea La Quinta, LLC., 60-800
Trilogy Parkway, La Quinta, CA 92253, introduced himself and
said a drip -type watering system could be used to prevent over
spray on the sidewalk if the landscape design was reversed.
Committee Member Rooker suggested the sidewalk from the entry
way of the house be continued all the way to the street for a more
formal and convenient pathway for visitors. He said stepping
stones could also be used instead of concrete in order to keep as
much landscaping as possible.
Committee Member Thoms asked the applicant if the Landscape
Architect for the project was present. Mr. Devlin replied he was
not.
Committee Member Thorns said he agreed with Committee Member
Rooker's comment regarding the pathway to the front of the house.
He said the sharp turn from the driveway onto the sidewalk leading
up to the house was awkward. He discussed a few of the
proposed designs and how they could be softened or completely re-
designed.
Mr. Devlin said Shea Homes community consisted of a total of
1,203 units and the proposed project would add only 36 more
homes to it. He noted the proposed units were exactly like the
existing ones, except with less grass in order to comply with the
current water efficiency requirements. Mr. Devlin explained the
°' r 3a+i 2
Architecture and Landscaping Review Committee
Minutes
April 7, 2010
existing homes had been very well received by the public and the
HOA had 98 percent customer satisfaction from its members. He
said he reviewed all comments and feedback from the HOA and the
sidewalk to the front of the house had never been brought up as an
issue.
Mr. Devlin explained the HOA was in support of the further
development of the community because there was a keen interest
in maintaining a continuity of the existing architecture in the
execution of the project. He said he felt confident the HOA would
understand reasonable changes to the community's theme and
landscape design; however, they would like see as much
cohesiveness as possible to what was already built.
Committee Member Arnold asked if the HOA allowed homeowners
to upgrade their front yards. Mr. Devlin replied the HOA maintained
all front yards and no alterations were allowed.
Committee Member Rooker referenced the photographs of the
model homes submitted as Attachment #3 to the staff report
showing some of, them with a separate pathway extending from the
front entrance of the house to the street. He asked why the
proposed plans did not indicate the same pathway which he found
to be much more formal and elegant. Mr. Devlin replied the
photographs were of the model homes which were designed
slightly, different for circulation purposes, to accommodate the
anticipated foot traffic of potential home buyers.
Committee Member Thorns asked for clarification on the exact
location of the project in relation to the existing Shea Homes
community and if it would be fenced off from the street. Staff
explained the location and replied the wall would be extended to
enclose the proposed homes.
Committee Member Thorns said he was not pleased with the
architectural design of the homes as there was no variation of the
setbacks from the street giving it a boring and track -home -like look.
He suggested front- and rear -loading the homes to avoid the
continuing track -home image of the community and to provide some
streetscape variation. He said an upscale community could present
a better architectural design.
324
9
Architecture and Landscaping Review Committee
Minutes
April 7, 2010
Committee Member Arnold said Trilogy was a very high -end and
pristine development and the photographs provided did not
accurately depict the character of the community. Mr. Devlin
explained the photographs submitted represented an area of the
community that was very recently completed. He said the
developer had worked very closely with the HOA and the members
to ensure satisfaction and continuous improvement of the
architectural design. The homeowners' feedback showed that the
homes were very well received. He invited the Committee
Members to visit the site and offered to give them a tour around the
community to get a better feel for its character.
General discussion followed regarding architectural and driveway
design, variation in streetscape, and street curvature.
Committee Member Thorns asked if the applicant was simply
duplicating the units that had been previously built in the
community. Mr. Devlin confirmed.
Planning Manager Sawyer said the applicant had stated that the
proposed project was designed to blend in with the existing homes.
He noted the Committee had made comments recommending
variations to the architectural design. He suggested, if desired, the
Committee could form the recommended architectural variations
into a motion for the Planning Commission.
Committee Member Thorns moved to adopt Minute Motion 2010-
001, recommending approval of Site Development Permit 2010-913
as submitted, with the following recommendations:
• Soften the pathway to the front door so that it is not so
awkward.
• Re -design the front yard; landscaping as well as hardscape.
• Adjust the location of the home on the site to allow for
streetscape variations.
The motion died due to the lack of a second.
Committee Member Rooker said he did not agree with Committee
Member Thorns' recommendation to re -locate the homes on the site
to allow for streetscape variations. He said the tract map showed a
gentle curvature of the streets which accomplished the same effect.
325
4
Architecture and Landscaping Review Committee
Minutes
April 7, 2010
Committee Member Rooker said he had concerns about the
pathway to the front entrance of the homes. He said he did not
want to widen the driveway as suggested by Committee Member
Thoms, he wanted to keep as much area as possible landscaped.
He recommended the pathway be either extended to the street,
connected to the driveway, or simply have stepping stones placed
in the landscaping.
He noted he would like to see the maximum amount of grass
allowed in the front and recommended the use of drip -type watering
system to address staff's concern of sidewalk overspray.
Committee Member Thorns said he agreed with staff's
recommendation to add palms to the retention basin. He said he
considered Oleanders to be freeway plants and inappropriate to be
placed at front entrances. He said there were five or six lots that
were corner lots with a side wall and the plans did not indicate
adequate landscaping on that side wall. He recommended
landscaping, such as bougainvillea, be placed along these side walls
as well as additional trees to soften the impact of the walls.
Committee Member Thorns said he shared Committee Member
Rooker's concern about the front pathway to the proposed homes
and found his comments regarding the side walls landscaping to be
very appropriate.
Committee Member Thorns asked why there was grass in the
retention basin. Mr. Devlin explained that turf absorbed the
moisture best and it was easiest to maintain. Committee Member
Arnold commended the applicant on their choice of grass in the
retention basins.
Discussion followed regarding different types of possible cover
materials for retention basins and the maintenance issues
associated with each of them.
Committee Member Arnold said he was pleased with the proposed
project.
There being no further discussion, it was moved and seconded by
Committee Members Rooker/Thoms to adopt Minute Motion 2010-
001, recommending approval of Site Development Permit 2010-913
as submitted, with the following recommended suggestions:
.. 326 5
Architecture and Landscaping Review Committee
Minutes
April 7, 2010
• Provide a better access to the front entrance of the home by
addressing the front pathway.
• Add palm clusters to the basin area per staff's
recommendation.
• Use a watering system for the front turf area next to the
sidewalk that would not overspray the sidewalk.
• Replace the Oleanders by the front entrance with a different
type of plant that would be more appropriate for an entrance
plant.
• Add landscaping and trees to the side -yards and walls of the
corner lots.
Unanimously approved.
Committee Member Thorns asked staff to ensure that the
Landscape Architect be present for future projects presented to the
Committee for review and consideration as his/her expertise would
be quite helpful.
VI. CORRESPONDENCE AND WRITTEN MATERIAL: None
VII. COMMITTEE MEMBER ITEMS:
A. Quarterly Attendance Report
Committee Member Thorns asked staff why the Quarterly Attendance
Report was included. Staff replied the report was included quarterly to
keep the Committee informed of their attendance status.
VIII. PLANNING STAFF ITEMS: None
IX. ADJOURNMENT:
There being no further business, it was moved and seconded by Committee
Members Rooker/Thoms to adjourn this meeting of the. Architecture and
Landscaping Review Committee to a Regular Meeting to be held on May 5,
2010. This meeting was adjourned at 10:46 a.m. on April 7, 2010.
Respectfully sub fitted,
MONIKA RADEVA
Secretary
327 6
REPORTSANFORMATIONAL ITEM: /9
MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
April 27, 2010 7:04 P.M.
CALL TO ORDER
A. A regular meeting of the La Quinta Planning Commission was called to
order at 7:04 p.m. by Vice Chairperson Barrows.
PRESENT: Commissioners Quill, Weber, Wilkinson, and Vice
Chairperson Barrows
ABSENT: Chairman Alderson (Excused)
STAFF PRESENT: Planning Director Les Johnson, Planning Manager
David Sawyer, Assistant City Attorney Michael
Houston, Principal Engineer Ed Wimmer, Principal
Planner Stan Sawa, Assistant Planner Eric Ceja,
and Executive Secretary Carolyn Walker.
II. PUBLIC COMMENT: Vice Chairperson Barrows commented on Principal
Planner Stan Sawa's upcoming retirement after 20
years with the City of La Quinta.
III. CONFIRMATION OF THE AGENDA: Confirmed.
IV. CONSENT CALENDAR:
Commissioner Weber asked staff to clarify the minutes on Page 10,
Paragraphs 5 and 6. Corrections were made as follows:
Paragraph 5, Sentence 3, shall be changed to read: He said what should
have happened was a radio frequency (RF) expert should have been brought
in to answer these questions.
Paragraph 6, Sentence 1, shall be changed to read: Mr. Greenwood said he
could bring in the RF expert but, (if that was the basis of the denial) the
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Planning Commission Minutes
April 27, 2010
expert was going to come and tell you it does not work for the same reasons
that I told you it does not work; so just deny my application now.
There being no further comments, or suggestions, it was moved by
Commissioners Wilkinson/Weber to approve the minutes of April 13, 2010
with amendments as noted. Unanimously approved.
V. PUBLIC HEARINGS:
A. Continued — Conditional Use Permit 2009-124; a request by T-Mobile
West Corporation for consideration to allow the placement of a fifty-
seven (57) foot tall monopalm tower and equipment enclosure within
the Family Heritage Church parking lot located at 78-998 Miles
Avenue.
Assistant Planner Eric Ceja presented the staff report, a copy of which
is on file in the Planning Department.
Vice Chairperson Barrows asked if there were any questions of staff.
There being no questions of staff, Vice Chairperson Barrows asked if
the applicant would like to speak.
Mr. Jay Greenwood, T-mobile representative, 1594 N. Batavia Street,
Orange CA introduced Mr. James Wilkerson, RF Design Engineer, T-
mobile, 3257 Guasti Road, Ontario CA, who gave a PowerPoint
presentation. He then stated the presentation should clarify the
Commission's questions and concerns on the need for the 57 foot
tower site.
Commissioner Wilkinson asked about provision of service by other
carriers and the allocation of frequency bands. Mr. Wilkerson
responded coverage had to do with frequencies assigned by the FCC
and explained how it affected their operations.
Commissioner Wilkinson then expanded his comments on 1)
challenging the frequency band allotment, 2) alternative locations, and
co -locations, and 31 percentage of coverage.
Mr. Wilkerson commented on negotiation for lower band set, and gave
a detailed explanation of calculations and terrain details for coverage
percentile.
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April 27, 2010
Ms. Linda Paul, 3257 E. Guasti Road, Ontario CA, Real Estate and
Zoning Manager for T-mobile, — introduced herself and explained when
and how the frequencies were allocated. She said there was always
the possibility of certain entities vacating some frequencies, but at this
time there was no opportunity to obtain a new allocation.
Ms. Paul then addressed the criteria for site selection, said they look
at a number of factors and went into detail of how the site was
chosen as well as the due diligence that went into their cell tower site
selection.
Commissioner Wilkinson provided general review comments on
accuracy of information, additional possible co -locations, and
percentage of coverage.
Commissioner Weber asked what prompted the change of height from
70 feet to 57 feet. Mr. Wilkerson responded the 70 foot height
achieved the upper end for coverage and, at 57 feet the coverage was
reduced to 63%; which was the minimum threshold.
Commissioner Weber asked if the antenna would be focused in a
specific direction. Mr. Wilkerson said yes.
Commissioner Weber asked about the maximum tree height allowable
for coverage as he was concerned about screening. Mr. Wilkerson
responded if the trees were 15 or 20 feet below the antenna, and
staggered, that would be sufficient to reduce any direct impact.
Commissioner Weber expressed his concerns about maintenance of
the landscape/screening. Ms. Paul said typically the landlord (the
church) would be responsible for maintaining the irrigation, but the
applicant will replace trees if they died.
Commissioner Weber then asked if a condition could be included
making both parties responsible.
Staff responded this was a conditional use permit with the property
owner and/or the current owner of the tower being responsible for
vegetation and any other conditions imposed. If there was a
significant issue it could be brought back before the Commission for
reconsideration and/or revocation of the permit. 330
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Planning Commission Minutes
April 27, 2010
Mr. Greenwood stated the carrier paid for the installation, the trees,
and the irrigation system; as presented by Ms. Paul, and went over
the responsibilities of each portion of the landscape maintenance.
Staff added that if the CUP was granted, the applicant was T-mobile
not Family Heritage Church.
Commissioner Weber said T-mobile's contractual agreement with the
Family Heritage Church was not at issue. Staff added it was an
agreement between the two of them.
Commissioner Weber said he assumed T-mobile would like to reach
the 100% coverage. Mr. Wilkerson said yes. Commissioner Weber
asked if they were already considering any potential sites for
additional towers in La Quinta's jurisdiction.
Mr. Wilkerson said the other proposed locations were to the east and
north, but were not in La Quinta.
There being no further applicant comments, Vice Chairperson Barrows
asked if there was any public comment.
Mr. Alonzo Lugo, 594 N. Batavia, Orange CA and a representative of
T-mobile - said he was there in support of T-mobile. He added that
what was presented to the Commission was the most favorable
location and design available for their cell tower. He pointed out Mr.
Wilkerson's comments about the lower frequencies and added his own
comments on their customer service versus other carriers. He said the
applicant exercised due diligence in researching this facility to make
sure it was the best location to support their customers and meet
coverage objectives. He commented on the Family Heritage Church
being in an area that was completely residential; and the best
alternative. He added T-mobile had already made concessions, 1) in
height, 2) by making sure there are live trees there, and 3) in the
design of the pole being more favorable to the Commission.
There being no further, or public comment, Vice Chairperson Barrows
opened the matter for Commission discussion.
Commissioner Wilkinson provided general review comments on cell
locations, alternative locations for co -location, coverage of other
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April 27, 2010
carriers, height, decibels, sound, restricted frequencies, and the
proliferation of cell towers throughout the City.
Commissioner Quill provided general comments on previous meetings,
and noted T-mobile did bring in their team to respond to the
Commissions' concerns. He also commented on building another
tower, co -location, denial of the applicant's ability to compete, and
the church's ability to maintain the trees.
General discussion followed regarding regulation of utility poles versus
cell towers.
Commissioner Weber provided general review comments on the
applicant's frustration in having to keep coming back, avoiding visual
blight, proper planning, and impeding commerce, coverage, as well as
T-mobile's due diligence and their willingness to provide experts to
answer the Commissions' questions. He commented on requirements
for future cell tower applications, and said he still had concerns about
the palm trees and the tower blending in as much as possible.
Vice Chairperson Barrows asked Commissioner Weber if he was
satisfied with the applicant's proposal regarding the palm trees and
the height.
Commissioner Weber said he would prefer to see 35 to 40 foot trees
blended in with the 57 foot tower.
Commissioner Quill said the Commission could require three staggered
trees with a minimum height of 35 feet and a maximum height of 45
feet. He suggested the use of Washingtonia robustas variety as most
likely to survive transplanting.
General discussion followed regarding growth and survival rates, and
tree replacement.
Vice Chairperson Barrows asked for staff clarification on the
maintenance issue.
Staff responded the
responsibility would
regardless of what
Heritage.
applicant is ultimately
transfer over (to a
arrangements have bef
responsible and the
succeeding company)
n made with Family
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Planning Commission Minutes
April 27, 2010
Commissioner Weber asked staff for clarification if the tower owner
transfers or a palm tree dies, what recourse does the City have to
have the situation remedied.
Staff responded initially Code Enforcement would address the issue of
the violation of the condition. If they were unsuccessful in
remediating the matter, then it would come back to the Planning
Commission for potential revocation of the Conditional Use Permit. If
the Permit was revoked then they would have to cease -and -desist.
Commissioner Quill said when they are ordered to cease -and -desist,
and they do not comply what steps does the City take. Assistant City
Attorney Houston responded if they do not cease -and -desist the City
would then take them to court.
Commissioner Wilkinson asked when this technology is extinct what
could the City do to have these towers removed.
Staff responded this is a Conditional Use Permit and the permit is
being granted based on a project description identifying the type of
use. If that were amended into something dramatically different, it
would have to be re -visited and addressed.
Vice Chairperson Barrows provided general review comments on the
applicants' response to the Commissioners' questions and noted a
desire to maximize co -location opportunities in the future.
There being no further questions or discussion, it was moved and
seconded by Commissioners Quill/Weber to adopt Resolution 2010-
013 recommending approval of Conditional Use Permit 2009-124 with
the following amendment.
Condition No. 38 shall read:
The applicant shall make planting and irrigation improvements for the
planting of three (3) Washingtonia robustas (Mexican Fan Palms)
around the monopalm tower. The palm trees shall be a minimum
height of thirty five (35) feet, measured from finished floor. The palm
trees shall be planted along the east side of the tower in order to
screen the tower from Adams Street.
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Planning Commission Minutes
April 27, 2010
AYES: Commissioners Quill, Weber, and Vice Chairperson Barrows.
NOES: Commissioner Wilkinson. ABSENT: Chairman Alderson.
ABSTAIN: None.
B. Site Development Permit 2010-913; a request by Shea Homes for
consideration of architectural and landscaping plans for three
prototypical house plans and front yard and common area landscaping
plans in Tract 35996 (Trilogy Annex) located east of the CVWD Dike
#4, between Avenues 60 and 62.
Principal Planner Stan Sawa presented the staff report, a copy of
which is on file in the Planning Department.
Vice Chairperson Barrows asked if there were any questions of staff
Commissioner Weber asked for additional information on the
underground irrigation system. Staff said it was installed underneath
the lawn and was similar to a soaker hose and explained how it
related to the whole irrigation system.
Commissioner Weber asked staff to address the retention basin
accessibility. Staff said currently there was no access proposed.
Commissioner Quill asked why they did not include a no -turf
alternative.
Planning Director Johnson said these 36 lots represented the
completion of a larger project on which staff, and the applicant, have
worked very hard to minimize the turf. The applicant had not
submitted a no -turf option.
Principal Planner Sawa further commented the applicant has reduced
the turf approximately 50% from the existing 1,200 units that are
currently there. They have made a definite effort to reduce turf, but
do not wish to include a no -turf option.
Vice Chairperson Barrows commented that the pathways and entry
points to the homes looked very angular and thought it might look
better if it included some curves. She added she thought the
Commission had previously required other projects to include the no -
turf option, and was concerned about treating this project differently.
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Planning Commission Minutes
April 27, 2010
Staff responded that the ALRC had also brought up the angularity and
a condition was included requiring the applicant to re -study the
sidewalks to improve the circulation; making it easier to maneuver
from the driveway to the house.
There being no further questions of the staff, Vice Chairperson
Barrows opened the public hearing and asked if the applicant would
like to speak.
Mr. Perry Devlin, General Manager for Shea Homes — Trilogy La
Quinta, 60-800 Trilogy Parkway, La Quinta — He said they were trying
to accommodate Homeowners' Association (HOA) members' wishes
of maintaining architectural consistency as well as compatible
landscaping. They have worked very closely with the HOA and had a
pretty well defined annexation agreement. He explained that when
dry wells are not surrounded by some amount of vegetation they have
maintenance problems because of silt build-up. He added the basins
were designed primarily for retention and not necessarily designed to
be accessible. He said the HOA had concerns about its possible use
as a dog park and how that would impact the homeowners
surrounding it. He explained several suggestions made by the HOA to
block that area off, but said, from an aesthetic standpoint, the
applicant would rather not have that. That was not to say the HOA
would not consider the Commissions' recommendations, but he got
the impression the HOA would prefer not to allow access.
He then commented on the no turf issue; explaining that it had been
presented at the HOA meeting, where the vast majority was against it.
He added it came up briefly at the ALRC meeting, and it was noted
that they have already eliminated a lot of the sod. He commented on
the angularity of the layouts and the ALRC suggestions.
Commissioner Quill asked who maintained the front yard landscapes.
Mr. Devlin responded they were maintained by the Homeowners'
Association and added they were connected to the Weathertrac
system; which is a satellite governed system to keep water usage
down.
Commissioner Weber questioned the accessibility of the basin and said
it actually looked like a good opportunity for a dog park. He then
asked if there was currently a dog park within Trilogy's boundaries.
Mr. Devlin said no, but the HOA had assigned a group to seek out
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Planning Commission Minutes
April 27, 2010
opportunities to include one. However, there did not appear to be any
unless they were to acquire a piece of golf course property.
Commissioner Weber said it would be great proactive stance as the
City is always trying to find park space; including accommodation for
dog parks. There will be a need for this type of activity and if that
could be incorporated, it would be a real plus.
Mr. Devlin responded that the Homeowners' Association has taken a
proactive approach to analyze the opportunities that are available.
Since this will be annexed into their Association, they will study the
whole idea and the members will vote on the options available. They
can then decide if they want to utilize the retention basin.
Vice Chairperson Barrows commented on no turf landscaping of
retention basins; using the example of the City's recent conversion of
the retention basin on Avenue 52 from all turf to no turf. She asked
about the applicant's comment on dry pump maintenance with turf
and no turf options. She further noted if people are not welcome in
the retention basin then maybe grass should not be there. Areas with
turf should be used in some productive way. She was concerned
about adding more turf into a project with no other purpose other than
aesthetics; as that would not be in line with the City's Water
Conservation Ordinance. She reiterated the City's example of
retention without turf.
Mr. Devlin said he could only speak of their own experience with the
retention basins out there, which were equipped with the McGuckin
systems of dry wells. He then explained they accumulated a lot of
silt; and they had to change to sod around the wells, which eliminated
complaints from the members who lived around the dry wells.
Commissioner Quill asked if the applicant would be adverse to a
condition ensuring access would never be prohibited to these turf
areas; as the Commission has taken a position on utilization of
available turf. He then commented on the positive aspects of why a
green belt would be included in a project. He stated, grass just for
aesthetic reasons, is not valid.
Mr. Devlin said he did not have an issue with it, but thought the
Homeowners' Association members would prefer not. He then
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April 27, 2010
reiterated his comments on the sod being critical for the drainage in
the retention basins.
Commissioner Weber said we live in a desert, and if you are going to
have a green belt area, there should be accessibility. If it is going to
be watered and kept green, then there should be the opportunity to
utilize it for other activities which could also include a dog park. A
community of this type would likely demand those types of amenities
and may ask the City to provide them if they are not available. He
advised the applicant that the Commission's direction was, and would
continue, to be good stewards of the City's resources.
Mr. Devlin said the points were well taken and he would not mind, and
would actually prefer, the Commission to make a recommendation as
it was Homeowners' Association property.
There being no further questions of the applicant, Vice Chairperson
Barrows asked if there was any public comment.
There being no additional questions, or public comment, Vice
Chairperson Barrows opened the matter for Commission discussion.
Commissioner Weber said it would be a shame to put a sign up that
says no dogs allowed. It is the wrong direction to go in and he hoped
that the Homeowners' Association would understand and think about
their responsibilities and how they can also play a part in helping to
resolve water issues.
Commissioner Quill said he did not see any benefit to a no turf option
since it was explained that the front yards were maintained by the
Association; however, he would still like to see less turf.
Vice Chairperson Barrows commented she would like to require a no
turf option to be consistent. She also recommended no turf be placed
in the retention basin, unless it had an alternative use. This is an
active community and people should be encouraged to be out and
about. She strongly suggested conditions to that effect; as well as
encouraging that the hardscapes on the landscaping follow the ALRC
recommendations.
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April 27, 2010
There was no further discussion and it was moved and seconded by
Commissioner Quill/Vice Chairperson Barrows to adopt Minute Motion
2010-003 recommending approval of Site Development Permit 2010-
913 as submitted, with the following added conditions:
1. Pedestrian access within the front yard area of the residences
shall be revised to improve and ease circulation.
2. A front yard no turf option shall be offered to home buyers.
3. If no public access is provided to the retention basins, the turf
at the bottom shall be eliminated and replaced with
decomposed granite and some drip irrigated planting
Unanimously approved.
C. Specific Plan 2008-085 and Environmental Assessment 2008-600; a
request by the City of La Quinta for consideration of a Specific Plan
for the development of up to 200 affordable residential dwelling units
and 82,000 square feet of automobile sales and related uses to be
located south of Highway 111 between Dune Palms Road and Costco
Drive.
Planning Manager David Sawyer presented the staff report, a copy of
which is on file in the Planning Department.
Vice Chairperson Barrows asked if there were any questions of staff.
Commissioner Weber asked staff for the status of items listed in the
City of Indio's comments.
Consultant Nicole Criste, Terra Nova, Terra Nova Planning & Research,
400 S. Farrell Drive, Suite B-205, Palm Springs, CA introduced herself
and provided the Commission with an explanation of the response
being provided to the City of Indio. She also explained the seasonal
adjustment requirement the City has and how that results in a high
traffic count as identified by the City of Indio.
Commissioner Weber commented on traffic volume, during extreme
levels of traffic from nearby festivals, and wondered if the 40% figure
was too high. He also wanted to know if Polo Square had been
included in that number.
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Planning Commission Minutes
April 27, 2010
Consultant Criste further explained the rationale for the seasonal
adjustment and said it reflected a more accurate standard if it needed
to come down. She added that the cumulative project analysis
included a number of projects approved by both La Quinta and Indio
which included Polo Square that were not yet constructed.
Commissioner Weber asked if there would be new signalization along
Highway 111 and Dune Palms. Staff said there is a right -in right -out
environment only for the commercial use along Highway 111 and a
signal would be added at the southern entrance to Sam's Club, linking
up with the proposed "A" Street. That would eliminate the most
northerly driveway serving the Desert Sands School District
Administration offices.
Commissioner Weber provided general review comments on turf,
energy efficiency, sustainability, and LEED design in reference to the
RSG April 21s` submittal.
Commissioner Quill asked why the City decided to do a full draft
environment impact report versus a typical negative declaration.
Consultant Criste replied that the initial study triggered an EIR.
Commissioner Quill asked if a Statement of Overriding Consideration
was included. Consultant Criste responded one is included for the
Council to decide upon.
Commissioner Quill asked how many Overriding points there were to
consider. Consultant Criste said two; traffic long-term and
cumulative, which included other projects and named the areas of
inclusion.
Commissioner Quill was very pleased with the housing project and its
walkability, but asked why part of it was designated as an auto center
and what would happen if those plans changed. Staff explained there
was long-standing interest from a high -end auto dealership and briefly
explained what would happen if those plans changed.
Commissioner Quill said he was glad there were no Statement of
Overriding Considerations on the GHG issues and asked if there had
been a study done to prove that the City was under the requirements
of AB 32. Consultant Criste said yes.
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Planning Commission Minutes
April 27, 2010
Commissioner Wilkinson asked about gated access at the south end
and security for the auto dealership. Staff said it had not been
determined if the proposed access off of "A" Street would be opened
for general retail activity and explained the proposed delivery traffic
circulation patterns; pointing out the restricted emergency and service
access point as well as the current driveway proposal.
Commissioner Weber asked about possible locations where a truckload
of automobiles could enter. Staff said access would be provided via
the Komar site to the east or off of Dune Palms via "A" Street and
enter the site from the southwest.
Commissioner Weber asked about security for the automobile sales
use. Staff said that would be an item to be determined as part of the
Site Development Permit review.
Discussion among Commissioners followed regarding walled versus
pedestrian -friendly connected communities; including comments on
how to design a friendly, safe, and comfortable sidewalk area.
Discussion among Commissioners then followed on the delivery and
emergency areas of the project as well as the possibility of more
traffic being relocated to the "A" Street access.
Staff responded by pointing out the following items:
1. The number of large truck deliveries would not be significant, if
this becomes an auto center; with most deliveries being done
by UPS -sized trucks;
2. "A" Street would be a realigned access point for the School
District buses and other vehicles with potential of those
vehicles, during peak hour movements being of greater impact
than anything else;
3. The noise sensitivity issue between the residential and the
School District would require mitigation measures to minimize
the noise levels to an acceptable level;
4. It is not anticipated that "A" Street would become a truck route
of significance, other than for auto deliveries;
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Planning Commission Minutes
April 27, 2010
5. Larger delivery trucks would be discouraged from crossing the
Komar/Costco commercial site as it is already fairly heavily
used. The people visiting the Komar/Costco commercial site
will have the ability to use "A" Street which should help
alleviate trips off of Highway 111.
Commissioner Wilkinson asked where the buses were entering and if
that was taken into consideration during the traffic study. Consultant
Criste pointed out the bus entrance, explained what had been included
in the traffic study, and how the existing northern driveway would be
eliminated. She then noted the new access and traffic flow pattern
for the site.
Staff added the importance of this access was that it would be a
signalized intersection eliminating the problem of the buses waiting as
they entered/exited the School District site. A signalized intersection
would be a better long-term solution for the School District; as well as
being a better, safer environment for everybody.
Discussion followed regarding the effect of the bus trips, time of day
and the possibility of potential traffic jams. Consultant Criste
explained how the off-peak hours minimized any potential traffic
problems.
Commissioner Wilkinson said that noise was probably a bigger
problem than the traffic issue. Staff responded that the greater issue
was the unsignalized existing environment; creating a much needed
safety improvement.
Commissioner Quill asked why the layout was changed from the
original design. Consultant Criste said the new design was more
responsive to safety and connectivity issues.
Commissioner Quill said there would be a fairly significant open -space
lot to the north of the new road alignment and asked if that would be
City -owned property. Staff said it would be and then discussed the
potential of utilizing a portion of that for retention/detention purposes,
and to encourage pedestrian connectivity, on the north side, out to
Dune Palms.
There being no further questions of the staff, Vice Chairperson
Barrows asked if there was any public comment.
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Planning Commission Minutes
April 27, 2010
There being no additional questions, or public comment, Vice
Chairperson Barrows opened the matter for Commission discussion.
There was no further discussion and it was moved and seconded by
Commissioners Weber/Wilkinson to adopt Resolution 2010-014
recommending approval to Council of Specific Plan 2008-085 and
Environmental Assessment 2008-600 as submitted. Unanimously
approved.
VI. BUSINESS ITEMS: None
VII. CORRESPONDENCE AND WRITTEN MATERIAL: None
Vill. COMMISSIONER ITEMS:
A. Planning Director Johnson gave a report on City Council Meeting of
April 20, 2010. (A brief summary of the meeting was given followed
by discussion of several items.)
B. Vice Chairperson Barrows noted Commissioner Wilkinson was
scheduled to report back on the May 4, 2010, Council meeting.
IX: DIRECTOR ITEMS:
X. ADJOURNMENT:
There being no further business, it was moved and seconded by Vice
Chairperson Barrows/Quill to adjourn this regular meeting of the Planning
Commission to the next regular meeting to be held on May 11, 2010, This
regular meeting was adjourned at 9:45 p.m. on April 27, 2010.
Respectfully submitted,
C�6�e�
Carolyn alker, Executive Secretary
City of La Quinta, California
�...' 3419
-15-
REPORT/INFORMATIONAL ITEM: cq-t-j
INVESTMENT ADVISORY BOARD
MEETING
MARCH 10, 2010
CALL TO ORDER
Regular meeting of the La Quinta Investment Advisory Board was called to
order at the hour of 4:00 p.m. by Chairman Ross, followed by the Pledge of
Allegiance.
PRESENT: Board Members Moulin, Ross and Rassi
ABSENT: Board Member Park
OTHERS PRESENT: John Falconer, Finance Director and Monica Radeva,
Secretary
II PUBLIC COMMENT - None
III CONFIRMATION OF AGENDA - Confirmed
IV CONSENT CALENDAR
A. Approval of Minutes of Meeting on February 10, 2010 for the
Investment Advisory Board.
MOTION: It was moved by Board Members Moulin/Bassi to
approve the minutes of February 10, 2010. Motion carried
unanimously.
V BUSINESS SESSION
A. Transmittal of Treasury Report for January 2010
Mr. Falconer presented and reviewed the staff report advising the
Board that the annual cash balance for the City ended slightly over
$191 million, with an increase of $25 million due to the first
installment of property taxes received from the County of
Riverside. Mr. Falconer further advised that previously reported
page 8 reflects the temporary purchase of Federal Home Loan bank
GSE's in the amount of $19 million, which is due to mature in
April; upon maturity, these funds will be rolled over temporarily for
an August maturity, at which time the funds will be used to pay
.. 343
result of the temporary $19 million investment, the overall portfolio
yield ended at :43% with the pooled investment yield at .46%, in
comparison to the previous year's yield at 1.23%, which reflects
the interest rate environment. Mr. Falconer also advised that the
City holds a Certificate of Deposit with La Jolla Bank; in February
the bank was acquired by OneWest Bank through an agreement
with the Federal Deposit Insurance Corporation (FDIC), which has
no affect on the City's CD. In addition, he advised that LAIF
recently increased their maximum from $40 million to $50 million
per account.
Chairman Ross requested that the following correction be made to
page 3, last paragraph, and third sentence:
The Treasurer plans to invest these funds in either short term Farm
Credit (GSE) or Federal Home Loan Bank (G€S) ' }; [... I
In response to Board Member Moulin, Mr. Falconer clarified that a
"bullet," is a type of investment and is similar to that of a T-Note
and is paid semi-annually. Mr. Falconer also clarified that the
balances on page 8 were the LAIF quarterly interest earnings for
the City and the RDA accounts.
General discussion ensued amongst the Board and Staff regarding
interest earnings and the scheduled payments dates of the pass -
through payments.
MOTION - It was moved by Board Members Moulin/Rassi to
approve, receive and file the Treasury Report for January 2010.
Motion carried unanimously.
B. Continued Discussion of the Investment Advisory Board 2009-
2010 Work Plan and 2010-2011 Investment Policy
Mr. Falconer advised that the Investment Policy was distributed at
the previous month's meeting for the Board's review and any
recommended changes would be discussed. He further advised
that staff made the necessary changes to the glossary according to
the MTA's glossary. Mr. Falconer further advised that after
considerable consideration to alternatives to LAIF, staff had no
recommendations at this time.
" 344
K
Mr. Falconer advised of the minor changes made by staff to the
glossary: the definition of "Repurchase Agreement", the maximum
amount to LAIF as well as a few cosmetic changes.
The Board reviewed the changes/deletions to the 2010-2011 with
those changes being reflected in the draft investment policy.
MOTION - It was moved by Board Members Rassi/Moulin to
continue the review of the 2009-2010 Work Plan and the 2010-
2011 Investment Policy. Motion carried unanimously.
C. CMTA Conference - Sacramento, California, April 20 - 23, 2010
Mr. Falconer presented the staff report advising that the Annual
California Municipal Treasurers Association Conference will be held
April 20 - 23, 2010 in Sacramento, California. Mr. Falconer
further advised that the City does provide for one staff member
and two Board Members to attend.
In response to Chairman Ross, Mr. Falconer advised the Board of
his tentative travel plans. He further advised that if no Board
Members are able to attend, staff will bring back the Conference
materials for the Board to review.
MOTION - It was moved by Board Members Rassi/Moulin to have
two Investment Advisory Board Members attend the CMTA
Conference in Sacramento, CA. Motion carried unanimously
VI CORRESPONDENCE AND WRITTEN MATERIAL
A. Month End Cash Report and other selected Financial Data -
February 2010
Mr. Falconer presented and reviewed the staff report advising that
page 3 reflects the LAIF Performance reporting with the yields
currently at .53% with the average maturity at 222 days with the
City's average slightly below and the PMIA loan is at 17.65%. In
addition Mr. Falconer further advised that in February, the City had
its mid -year budget review; page 12 reflects the City's budgeted
projections, with a decline in the projected property taxes by 5%,
TOT taxes declined by 5% to 6% and sales taxes declined for the
year by 15%, which is a result of the current economy.
„, 345
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In response to Chairman Ross, Mr. Falconer updated the Board on
the current status of the City's property taxes owed and clarified
why the City is considered a "teeter" city.
General discussion ensued amongst the Board regarding Prop 8 and
Prop 13 and their affects on current assessed value of City homes.
Noted and Filed
B. Pooled Money Investment Board Reports - December 2009
Mr. Falconer advised
pooled money with an
December of 2008 at
$66,354,589,000.
Noted and Filed
that page 1 reflects a comparison of the
increase in the state's pooled money from
$59,947,044,000 to December 2009 at
VII BOARD MEMBER ITEMS - None
VIII ADJOURNMENT
MOTION - It was moved by Board Members Moulin/Bassi to adjourn
the meeting at 5:1 1 p.m. Motion carried unanimously.
Su itte S:u
Vianka Orrantia,
Senior Secretary
34n
1,
Department Report:
a,
oW�o �W
N OF T
TO: The Honorable Mayor and Members of the City Council
FROM: Douglas R. Evans
Assistant City Man ger — Development Services
DATE: June 15, 2010
SUBJECT: Department Report Regarding Quarterly Marketing Report
Per the City's contract with Furino/Greene Creative, the Fourth Quarterly
Marketing Report for Fiscal Year 2009-2010 is attached.
b.. . 3417
MARKETING PLAN
Fourth Quarter of Fiscal Year 2009-2010
Implemented by Furino/Greene Creative, Inc.
PlayinLoQuinta.com Website - The tourism website was updated with new click -through
buttons for a variety of efforts such as Restaurant Week, Spring Campaign events, and
new Auto Dealer Co -Op. In addition, the home page was made ready for the
uploading of the new City Videos once they are available. (Attachment 1).
Cooperative Program for City Businesses - Continued to coordinate and implement this
approved program whereby local La Quinta businesses are able to participate in a
variety of cooperative advertisements as a partner with the City. To date, the following
opportunities have been completed:
• Airport Panels: A large format display located in the Baggage Claim area at
Palm Springs International Airport featuring three panels. Partners are Las
Casuelas and Old Town, and panels will remain up through October 2010.
• Old Town TV "Dining" Spot: Continued to track the Old Town La Quinta
Dining TV Cooperative campaign. The :30-second TV spot features Old Town
Management, Devane's, Stuft Pizza, Old Town Cellar, and Viva Cantina. The
spot ran on both KESQ-TV (ABC) and KDFX-TV (Fox) in heavy rotation from
February 1 to April 30, 2010.
Washington Park Radio Spots: Continued to track the :60-second radio spots
featuring Washington Park Management, one spot with Mares for Men, one
spot with SuperCuts, and one spot with three tenants (Bouchee, Port of Subs,
348 3
and Gardener's Cottage which was open during that time). The spots ran in
equal rotation, February through May 2010, on the Desert Radio Group
stations (Eagle, KNWZ, 1010 Sports), and included many leveraged added -
value elements such as live remotes, web coupon pages, and on -air
interviews.
Auto Dealers: Finalized the La Quinta auto dealers cooperative TV campaign including
the production of six separate :30-second spots (three in English and three in Spanish)
and the placement of a strategic buy on KESQ-TV (ABC), KDFX-TV (Fox), KUNA-TV
(Hispanic), Time Warner Cable (CNN, Fox News, Galavision, etc.) and KPSP-TV (CBS).
The spots will run from June 15 through September 15, 2010. This cooperative effort also
includes the development of a new page on the City's tourism website which will
include the three dealers, their logos, and links to their respective websites as a bonus
(Attachment 2).
Public Relations — Wrote, edited and distributed press releases and provided follow-up
to secure coverage of the following topics (Attachment 3).
• City Picnic
• General Plan Workshop
• Green Community Workshop
• Eisenhower/Washington Lane Closure
• Flying for Her Country
• Summer Events
• Redevelopment Budget Cuts
• Blanche Tribute
• Parks & Rec Research Study
• PT Barnum Exhibit at the LQ Museum
Spring Local Market Advertising Campaign: Developed and implemented a multi -
tiered Spring Advertising Campaign that utilizes print, radio and online mediums to
promote special events in La Quinta as well as deliver a "Play, Shop & Dine in La
Quinta" message throughout the Coachella Valley. Special events and programs
promoted via the campaign has included, or will include: 1) City Picnic, 2) Certified
349
4
Farmers Market, 3) Museum exhibits, 4) Library programs, 5) Moonlight Movies at Old
Town, 6) Art & Wine receptions at Old Town, 7) Swim programs at Fritz Burns Pool, 8)
Summer Golf Tour, 9) SilverRock's special California resident rate, and 10) SilverRock
summer golf clinics. This campaign began in April 2010 and runs through July 2010.
• Print Ads: Running weekly in The Desert Sun, La Quinta Sun, Desert Entertainer
and the summer issue of Healthy Living (Eisenhower Medical Center's
quarterly magazine). The ads are updated weekly with current events and
new images/photography. The overall message is "Play, Shop & Dine in La
Quinta" with a direct call to action promoting increased visits to La Quinta.
Includes a campaign on The Desert Sun online (www.mydesert.com) with
rotating buttons that highlight the current events and drive traffic to the City's
tourism website (Attachment4).
• Radio Spots: The campaign consists of :30-second radio commercials. The
opening templates are 20 seconds long, and the end -tags are the last 10
seconds, which are changed out frequently to promote specific events. The
spots are running in high frequency on KPSI-FM (Mix 100.5), KDES-FM, KJJZ-FM
(Smooth Jazz), KPLM-FM (Big 106 Country), and KEZN-FM (EZ-103). All
schedules include added value such as sponsorship of news/traffic reports,
website links, bonus spots and remotes.
• Internet Pay -Per -Click Program: A special program was implemented using
the pay -per -click marketing targeted to the Coachella Valley for keys words
such as Dining and Shopping that drives traffic to the City's Tourism Website.
To date, this effort has resulted in 50,000 unique impressions (Website name
and address in front of eyeballs, similar to an ad) and over 700 visits (active
click-throughs to the Website).
• Outdoor Board: Utilizing a specially priced certificate, the new Campaign is
now represented on a stunning outdoor board that will be visible on the 1-10
in Banning (west facing) for June & July, then on Dinah Shore Parkway for
August and September (Attachment 5).
Facebook "Fan Page": The marketing campaign was recently enhanced to include a
new "La Quinta, California" Facebook Fan Page, which will be utilized to promote
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special events and to support the City's cooperative effort with local businesses. This
page will work in conjunction with the existing Community Services Facebook page to
compliment and enhance the visibility of dining, shopping and playing in La Quinta. To
date, the new Fan Page has over 400 fans, and is adding new fans daily. The Fan Page
has exciting photography, and current event information (Attachment 6).
Spring Newsletter: Produced the last newsletter of the fiscal year (total of two
produced, less than budgeted), highlighting spring and summer activities, the HEAL
Healthy Living campaign, the new golf cart map/program, topics by La Quinta's
"green" partners, General Plan Update information and announcements on the Census
and the call for Housing Commissioner applications (Attachment 7).
General Plan Update Support: Provided promotional support to the Planning
Department as the City embarks on the General Plan Update progress. Created flyers
and an ad for initial community workshops and will continue to supply materials as
needed, as well as public relations efforts (Attachment 8).
Golf Cart Map — Made slight revisions to the Map as it was already time to reprint, as it
was popular with residents.
Cooperative Program for City Businesses: Will continue to administer this ongoing
program throughout the fiscal year. Elements in process include:
• One Eleven Shopping Center Restaurant Co -Op: An initial meeting took
place with one of the restaurants in the Center (Rockin' Baja Coastal
Cantina). There is interest in coordinating efforts to work with other
restaurants and the Center's developer/property manager to potentially start
a Radio Co -Op Campaign for Summer or early Fall.
.• 351
n
Updated Events Brochure: Began updating the Events Brochure that is distributed
through the Certified Folder program to over 160 outlets in the Coachella Valley,
including hotels, visitor centers, and more. The brochure will begin distribution in Fall
2010.
Public Relations— Will continue to develop and distribute several strategic releases on a
monthly basis in order to garner coverage and increase awareness of various City
programs and events.
352
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ATTACHN ENT 3
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CITY OF LA QUINTA • 78-495 CALLE TAMPICo, LA QUINTA, CA 92253
(760) 777-7000 • WWW.PI.AYLNLAQINTA.COM
Media Contact: Andrea Carter, Furino/Greene Creative
(760) 773-1707 or and reaga-focreative.com
FOR IMMEDIATE RELEASE
City of La Quinta to Hold 281h City Picnic
And Birthday Party
La Quinta, CA- Saturday, April 24 at 10 am will mark the start of the City of La
Quinta's 281h Birthday Party. The annual City Picnic & Birthday Party is FREE to
attend and will take place at La Quinta Park, on the corner of Westward Ho and
Adams.
The celebration will be an exciting event, for all ages, with non-stop
entertainment. There will be great music, carnival games, fun activities for the
children, hot dogs, muffins, cold drinks and plenty of giveaways. Attendees have
a chance to win prizes from 10 NEW carnival games; find their way through 2
obstacle courses; test their balance in the Joust Arena and much more! La
Quinta businesses will also be in attendance. Booths will be set-up to promote
the local businesses and encourage an awareness of the community as a whole.
The 281h City Picnic & Birthday Party will be at La Quinta Park, located at 79-120
Westward Ho.
For more information about the City of La Quinta call (760) 777-7090 or visit the
website at www.la-auinta.org.
355
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If I
CITY OF IA QUINTA • 78-495 CALLS TN
(760) 777-7035 • www.1w-Qu1NTA.ORG
Media Contact: Andrea Carter, Furino/Greene Creative
(760) 773-1707 or andrea@fgcreative.com
FOR IMMEDIATE RELEASE
The City of La Quinta to Offer First of General Plan Workshops
Community Involvement is Highly Encouraged Next Wednesday, April 21st
La Quinta, CA - The City of La Quinta recently began the process of updating
its General Plan, which is a key document that guides long-range future growth
and development of the City through the establishment and implementation of
goals, policies, programs and objectives for certain topics.
Residents and those with interest in the future of La Quinta are invited to join a
special General Plan Update Workshop next Wednesday, April 21 from 5:30-8:30
p.m. in the Multi -purpose Room of the La Quinta Library (located at 78275 Calle
Tampico). A series of interactive stations will feature different activities to evoke
ideas and opinions about the future needs and direction of the community.
The General Plan update process will include a series of milestone steps, such
as confirming the vision of the community, establishing a growth boundary,
,... 356
I
assessing land use alternatives, as well as considering existing and the
introduction of new goals, policies, programs and objectives.
The update effort will focus on two key items; transportation & circulation and
sustainability (consideration of and minimizing environmental impact relevant to
resources). This will be the first General Plan update in the City's history that will
address greenhouse gas emissions and its relationship to transportation. The
update process will also consider other items, such as location and intensity of
land uses, economic development, parks, open space, public services, recreation
amenities, etc., that are all fundamentally important to La Quinta's current and
long-term quality of life.
The City of La Quinta is encourages community involvement in the update
process and to share ideas, thoughts and suggestions.
357
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CITY of LA QUINTA • 78495 CALLE TAMPICo, LA QUINTA, CA
(760) 777-7035 • Www.G-QUtNTA.oRG
FOR IMMEDIATE RELEASE
City of La Quinta Announces
Green Community Workshop
La Quinta, CA - The City of La Quinta, along with the Coachella Valley Water
District, Imperial Irrigation District, Southern California Gas Company and Burrtec
Waste and Recycling, will hold a "green" community workshop at the Farmer's
Market in Old Town La Quinta on Sunday, April 25th from 8:00 a.m. to 12:30 p.m.
The green workshop is a community outreach program to provide information on
programs available to La Quinta residents to assist them in reducing water,
electric and gas use (which in turn reduces utility bills) and waste reduction
through recycling. This year's workshop will not only provide education regarding
energy efficiency, water conservation, and waste and recycling programs but will
also offer demonstrations for green and sustainable products from various
vendors. All of the booths will be located on Main Street and in the grassy area
adjacent to the Old Town Coffee Company.
For more information on the City of La Quinta visit the website at www.la-
quinta.org.
359
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-F TIMPUL i
CITY OF LA CLUINTA • 75-495 CALLE TAMPICO,
(760) 777-7035 • wwWAA-QuINTA.OPG
Media Contact:
Andrea Carter, Furino/Greene Creative
760-773-1707 and rea(a)focreative.corn
—GEMnfMDESERT—
FOR IMMEDIATE RELEASE
FOR ADDITIONAL INFORMATION CONTACT:
BRET PLUMLEE, ASSISTANT CITY MANAGER
(760)777-7035
TRAFFIC LANES TO CHANGE AT EISENHOWER DRIVE AT WASHINGTON STREET
LA QUINTA, CA (April 29, 2010) -- The City of La Quinta will be changing the traffic lane
designations on Eisenhower Drive at the Washington Street intersection for eastbound traffic turning
left to travel north on Washington Street.
The existing lane configuration of Eisenhower Drive at the Washington Street intersection is
currently striped to provide three lanes. The lane closest to the median is designated for left -turn
traffic only. The middle lane is shared by through and left -turn traffic. The lane adjacent to the south
curb of Eisenhower Drive is designated for right -turn traffic only. This right -turn lane is underutilized
while the other lanes are frequently backed up with traffic which does not always clear when the
signal turns green even with the additional green time recently provided by the City.
The City is implementing a project that will change the lane configuration. The lane adjacent to the
median will continue to be designated for left -turn traffic. The middle lane will be changed to be
designated for left -turn traffic only. The lane adjacent to the south curb of Eisenhower Drive will
change to be a shared lane for left, through and right turning traffic. Residents of Rancho La Quinta
making a through movement will now use the lane adjacent to the curb instead of the middle lane.
1. 359
lel
Signs will be posted in advance of the intersection facing eastbound traffic on Eisenhower Drive
approaching Washington Street to alert drivers the new lane configuration. A changeable message
sign will also alert drivers in advance of the project so that drivers will be aware that changes in the
traffic pattern on Eisenhower Drive approaching Washington Street are being made. Details about
when the changes on Eisenhower Drive will be implemented are as follows:
Date: Wednesday, May 12, 2010
Time: 5 am To 7 am
Location: West leg of the Eisenhower Drive and Washington Street Intersection
Project: Changes in the lane designations for traffic approaching Washington Street
on Eisenhower Drive
Contact information:
Nazir Lalani, Contract City Traffic Engineer
Phone: (760) 777-7129
Email: n_lalani@hotmail.com
Em
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r r1maw Am
CRY OF LA QUINTA * 78--495 CALLS TAmPICO, LA
(760) 777-7035 * WWW.LA-0_U1NTA.ORG
Media Contact:
Andrea Carter, Furino/Greene Creative
760-773-1707 and rea(.fgcreative.com
�aQui,itl�
GEM Jth, DESERT --
MEDIA ALERT
RE: CONSTRUCTION REMINDER - POSSIBLE DELAYS
EXPECTED TOMORROW ONLY
What: CITY OF LA QUINTA'S TRAFFIC LANES TO CHANGE AT
EISENHOWER DRIVE AND WASHINGTON STREET
Date: Friday, May 21, 2010
Time: 5 am To 7 am
Location: West leg of the Eisenhower Drive and Washington Street Intersection
Project: Changes in the lane designations for traffic approaching Washington
Street on Eisenhower Drive will affect lane closures on Eisenhower during the
morning commute.
*** ATTENTION: IF YOU ISSUE TEXT ALERTS VIA MOBILE
PHONES OR SOCIAL NETWORKING OUTLETS, PLEASE
INCLUDE THIS INFORMATION!***
For additional information, please contact Bret Plumlee, Assistant City Manager,
at (760) 777-3035.
ro.. 361
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For media, pleasecontact Andrea Carter - Furino/Greene Creative, at (760) 773-
1707 or andrea(o)fgcreative.com.
362
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CITY OF I[A QUINTA • 78-495 CAu.E TAMP
(760) 777-7035 • www.IA-QUINTA•OnG
Media Contact:
Andrea Carter, Furino/Greene Creative
760-773-1707 and reana focreative.com
FOR IMMEDIATE RELEASE
April 30, 2010
RENOWNED AUTHOR AND SPECIAL GUEST TO PRESENT
FLYING FOR HER COUNTRYAT LA QUINTA MUSEUM
La Quinta, CA - La Quinta Museum is proud to announce a
special presentation by renowned author, Amy Goodpaster
Strebe. On May 8, from 10:30 am - 12:00 Noon, Amy will
present and discuss her book, Flying for Her Country: The
American and Soviet Women Pilots of World War 11. Joining
her will be special guest, Pearl Judd, one of fewer than 300
surviving Women Airforce Service Pilots (WASP) members.
Flying for Her Country discusses the WASP program, formed
by famed female aviatrix and former Indio resident, Jacqueline Cochran. During
WWII, there were more than 1,000 WASP members. Flying for Her Country
compares both WASP and the Soviet airwomen who flew combat missions, in
WW II.
Flying for Her Country is the first comparison study of its kind. Strebe will hold a
discussion featuring archival photographs of WASP and Soviet pilots, information
».. ' 363
18
on Jacqueline Cochran, Strebe's special guest, Pearl Judd, followed by a
question and answer session and book signing.
irrently resides in San Diego, CA with her husband Gary
an officer on active duty in the U.S. Coast Guard, and their
Idren.
udd, a veteran WASP, had lifelong interest in flying, with her
career being spurred by a plane ride she received from her father on her 18th
birthday. Stationed at Minter field in Bakersfield, CA, Judd became a flight test
engineer. She currently resides in Alta Loma, CA, and is working on her
memoirs.
Flying for Her Country is being held in conjunction to current exhibition at La
Quinta Museum, "Women in Flight", featuring Jacq
Cochran and the WASP program, through May 29.
WASPs were awarded a Congressional Gold Med<
March 10, 2010, in honor of the missions they flew
WWII.
The event is open to the public and free to attend. Flying for Her Country will be
available for purchase. For more information about Flying for Her Country or the
La Quinta Museum, please, call (760) 777-7170 or go online to www.la-
auinta.oM.
(Photos courtesy of Amy Goodpaster Strebe)
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CITY OF LA O_UINTA 78-495 CAVE TA1
(760) 777-7035 • www.LA-QtnNTA.ORG
Media Contact:
Andrea Carter, Furino/Greene Creative
760-773-1707 and rea fgcreative.com
FOR IMMEDIATE RELEASE
LA QUINTA, CA
City of La Quinta Summer Events
Moonlight Movies
First Friday of the Month May thru October
FREE
8pm
Free first Friday movie series, located in Old Town La Quinta. The following
movies will be presented by the City of La Quinta, Old Town, and Time Warner
Cable:
June 4 — Where the Wild Things Are
July 2 — The Blindside
August 6 — Harry Potter & The Half Blood Prince
September 3 — School of Rock
October 1 — Gremlins
For more information, please, call (760) 777-7108 or visit online at www.la-
quinta.orq.
Evening Disc Golf Tournament
Saturday, June 19
7:30 pm
FREE
La Quinta Park
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For more information, please, call (760) 777-7108 or visit online at www.la-
auinta.org.
Summer Swim Program:
FREE Swim Nights for Families
Fridays, July 23 & August 6
6pm-7pm
La Quinta Pool at Fritz Burns Park
Family Fun Nights
Fridays, June 25 & July 9
6pm-7pm
$5.00/Family of 4, $2.00/each additional person
La Quinta Pool at Fritz Burns Park
Open/Recreational Swim
Monday — Friday, 2 pm — 4:30 pm
Saturday, 10 am — 1 pm
$2.00/Ages 12 & under, $3.00/Ages 13 & up
La Quinta Pool at Fritz Burns Park
Morning & Evening Swim Lessons
June 14 — June 25
June 28 — July 9
July 12 — July 23
July 26 — August 6
August 9 — August 20
$55/per person
La Quinta Pool at Fritz Burns Park
For swimming levels and descriptions visit www.ymcaofthedesert.com
Adult Water Aerobics
Tuesdays & Thursdays
5:30 pm — 6:30 pm
June 14 —July 9
July 12 — August 6
$35/session or $8/drop-in
La Quinta Pool at Fritz Burns Park
Adult Lap Swim
Monday — Friday
4:30 pm — 6:30 pm
$3.00/person
La Quinta Pool at Fritz Burns Park
M..." 366
21
Presented by Family YMCA of the Desert in partnership with the City of La
Quinta. Call (760) 771-4347 for more information.
»... 367
22
,F TIAORML
CITY OF LA Q_UINTA • 78495 CAVE TA)
(760) 777-7035 • www.LA-CLUINTA.ORG
Media Contact:
Andrea Carter, Furino/Greene Creative
760-773-1707 andrea[7a.fgcreative.com
FOR IMMEDIATE RELEASE
May 5, 2010
CITY OF LA QUINTA'S REDEVELOPMENT AGENCY TO LOSE
FUNDS
Potentially $28.4 Million Over the Next Two Fiscal Years
La Quinta, CA - In 2009, the State Legislature enacted Assembly Bill (AB) X4-
26, which shifts $2.05 billion from city redevelopment agencies to county
Supplemental Revenue Augmentation Funds. This take -away of city
redevelopment funds consists of $1.7 billion for Fiscal Year 2009-2010 and an
additional $350 million for Fiscal Year 2010-2011. The Community
Redevelopment Agency filed a lawsuit challenging the constitutionality of AB X4-
26; however, on May 4, 2010 the judge ruled in favor of the State of California.
Based on this recent judgment, the City of La Quinta's Redevelopment Agency
stands to lose more than $28.4 million over the next two fiscal years. This
staggering amount of loss of funds will compound the difficulty in producing jobs,
growth and development during these already difficult economic times.
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Redevelopment is a vital tool for local and state economic recovery: for every $1
spent, up to $14 is returned in job creation, economic stimulation and services.
The La Quinta Redevelopment Agency has $42.4 million in total projects
programmed into the City of La Quinta Capital Improvement Plan. Many of these
projects will now be significantly delayed or not completed, thus reducing the
number of local jobs that can be created.
This take -away of funding will adversely impact the economic development
projects that will bring transient occupancy tax, sales tax, and jobs to the City of
La Quinta within such developments as the SilverRock Resort, auto dealerships
and hotels. Mayor Adolph stated, 'The City of La Quinta and La Quinta
Redevelopment Agency are extremely disappointed in this ruling. Many key
projects will be significantly delayed impacting the quality of life La Quinta
residents and businesses expect and deserve."
.... 369
24
CITY OF LA Q_UINTA • 78-495 CALLE TAMPICO, LA QUINTA, CA
(760) 777-7000 • WWW.PiAYINLAQUINTA.COM
Andrea Carter, Furino/Greene Creative
760-773-1707 andrea a( -fgcreative.com
FOR IMMEDIATE RELEASE
May 12, 2010
CITY OF LA QUINTA TO CO -HOST TRIBUTE FOR PROMINENT
LA QUINTA ARTIST, ANDRE BLANCHE
La Quinta, CA - The life of one of La Quinta's most celebrated artists, H. Andre Blanch6, will be
remembered through words and stories on Thursday, May 20, 2010, from 5:00 p.m. - 7:00 p.m. at
the La Quinta Museum. Blanch6 passed away April 27, 2010.
This tribute to Blanche is being hosted by the City of La Quinta and the "Bakery Boys," a group of
gentlemen who have gathered every Thursday morning in La Quinta for the past 15 years - of
which Blanch6 was a member.
Blanche resided in La Quinta for 21 years and was honored as one of the first recipients of the City
for La Quinta's Distinguished Artist award. Several of his art pieces can be seen throughout the
City. Popularly known for his western art, Blanch(§ recently painted a 300 sq. ft. mural depicting the
history of La Quinta - which can be viewed at'the La Quinta Museum. The mural was completed in
2009.
"Andre's mural captured the essence of everything that has made La Quinta the charming
community it is today," said Mayor Don Adolph, who was a friend of the artist. "It was the most
extensive project of his lifetime. The City is honored to have Andre's vision of La Quinta reflected in
so much of his art. He will be greatly missed."
The La Quinta City Council is saddened by the loss of such a magnificent talent, but Andre
Blanche will live on through the art he created especially for La Quinta. 370
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The La Quinta Museum is located at 77-885 Avenida Montezuma in La Quinta. For more
information please contact the Community Services Department at 760-777-7090.
am
a... 371
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_7 rigiffiliffiL
CITY OF to gUINTA • 78495 CAU.E TAI
(760) 777-7035 • www.LA-QgINTA.oaG
Media Contact:
Andrea Carter, Furino/Greene Creative
760-773-1707 and reat7a.fgcreative.com
FOR IMMEDIATE RELEASE
May 21, 2010
CALIFORNIANS SAY "PARKS MAKE LIFE BETTER!"
98% of Residents Value and Use Parks and Recreation Services
La Quinta, CA --- An extensive research study` asked California citizens and
public officials "Why are parks important to you?" The research sponsored by the
California Park & Recreation Society (CPRS), a nonprofit, professional and public
interest organization with more than 4,000 members, was used to develop the
first -ever brand of the profession. "Parks Make Life Better!' is now being
launched by CPRS members statewide, including the City of La Quinta
Community Services Department.
Overwhelmingly, survey respondents value parks and recreation as an essential
community service. Virtually every California household (98 %) reported visiting a
park during the past year. Forty-two percent visited a park at least several days a
week; 26% visited at least once a week and 68% visited at least monthly. Of
these, 55% go with spouse or partner, 53% with kids, 48% with family, 46% with
a friend. Only 5% of the users indicated they go alone.
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27
CPRS used the research findings to develop the first -ever brand promise and
brand identity for parks and recreation. The brand promise incorporates the
benefits Californians reported as most important; the many ways parks and
recreation make their lives and communities better.
Specifically, parks and recreation make life better now and in the future by
providing:
• Access to the serenity and inspiration of nature
• Outdoor space to play and exercise
• Facilities for self -directed and organized recreation
• Positive alternatives for youth which help lower crime and mischief
• Activities that facilitate special connections, human development, therapy, the
arts and lifelong learning
In short, Parks and Recreation services make Californians' lives better.
The City of La Quinta Community Services Department makes lives better by
providing eleven active parks, two passive parks, twelve sports fields, six
wonderful tennis courts, two dog parks, older adult activities; Special events such
as Movies in the Park, Safety Fun Fair, Halloween Carnival, Veterans Tribute, La
Quinta Trails Day, Nature Walks, Holiday Crafts Bazaar, Christmas Tree Lighting
Ceremony, Breakfast with Santa, Pillars of the Community, Distinguished Artists,
La Quinta Youth Festival, Soap Box Derby, Adult Egg Hunt, Youth Egg Hunt, City
Picnic and Birthday Party, plus a variety of bus tours, sports leagues, fitness,
exercise and special interest activities.
"We are pleased to be a part of this campaign" said Edie Hylton, Community
Services Director. "Our residents use many of our neighborhood and community
parks already and we continue to encourage their use of our parks, recreation
services, and facilities."
373
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Media Contact:
Andrea Carter, Furino/Greene Creative
760-773-1707 andreaCcDfqcreative.com
FOR IMMEDIATE RELEASE
PT BARNUM AND THE CIRCUS OPENING CELEBRATION
JUNE 11T" AT LA QUINTA MUSEUM
La Quinta, CA — La Quinta Museum proudly presents the opening of its newest
exhibition, PT Barnum and the Circus. On Friday, June 11, from 5pm to 7pm, La
Quinta Museum will host the exhibit's Opening Night Celebration with carnival games,
prizes, FREE popcorn, and TC the Clown. Thisevent for all ages is open to the public
and FREE to attend.
PT Barnum and the Circus will feature a wide variety of circus memorabilia including
vintage tin toys, antique prints and a 1960's acrobatic costume. A portion of the display
will be devoted to Hollywood legends Cary Grant, W.C. Fields, Tom Mix and Burt
Lancaster -- highlighting their work in the circus. Also adorning the museum will be a
ten -foot circus tent flanked by life-sized carousel horses which visitors can enter.
La Quinta Museum is open Tuesday through Saturday from 10:00 a.m. to 4:00 p.m. and
is located at 77-885 Avenida Montezuma in La Quinta. Admission to the museum is
free. For more information on PT Barnum and the Circus or the La Quinta Museum,
visit www.la-quinta.org or call 760-777-7170.
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Make a day of it and visit the La Quinta r
Museum, enjoy a picnic, browse La Quiltta's
fabulous shopping venues and indulge
at a number of casual and fine
dining restaurants. ,Q
La Quinta Picnic- FREE
t La Quinta Park
l_ It's the City's birthday! Enjoy games,
activities for children, hot dogs, cold
drinks, giveaways and more.
v rlday, Mail E - 6:00 0-M.
Moonlight Movie: "Disney Earth"- FREE
Old Town La Quinta r
Bring your blanket or lawn chairs and t fi
catch a flick under the stars! Presented
by the City of La Quinta, Old Town
r.
La Quinta and Time Warner Cable.
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"A Stitch in Time' - FREE
s La Quinta Museum - (760) 777-7170
Celebrating the art of quilting throughout
history, this exhibit displays various designs
Which showcase just how committed these
y women were to their art.
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Make a day of it and visit the La Quintff
Museum, go hiking, browse La Quipta.A
fabulous shopping venues and indulge
at a number of casual and fine C
dining restaurants.
Old Town Cellar; (760) 771-8950
10 Bands, 10 Hours — $20.00
Enjoy wine specials and food specials,
raffle prizes and live music!
Old Town La Quinta
Bring your blanket and catch a flick under the �.
stars! Presented by the City of La Quinta, Old` ;� to S
Town La Quinta and Time Warner Cable. b.
Civic Center Campus; 78-495 Calle Tampico
(760) 777-7090
Gain one hour of hands-on instruction
and participate in a round of Disc Golf!
Prizes will be awarded for the top
finishers'of each division.
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La Quinta Museum; (760) 777-7170
Celebrating the art of quilting
throughout history.
Don't miss Farmer's Market at Old Town on
Sundays — last one is May 301
And N you enjoy golf, take advantage of a
new California Resident Rate at SlNerRock;
r call (760) 777-8884 for more information.
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Library, go hiking, browse La Quinta's'4,
fabulous shopping venues and indulge
o at a number of casual and fine dining restaurants.',`
Sa9drtkg,
.Nature Walk - FR>
Exploring 'The History of the La Quinta Cove";
(760) 777-7090. Meet at Shade Shelter on the
Bear Creek Nature Trail at the corner of Calle
Ensenada and Avenida Montezuma.
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s'urnmer coif Tour Rests on SesIns
Enrollment Fee - $59.00. This 13-week program
allows golf enthusiasts to play some of the finest
courses in the Valley at special rates, including
SitmRock Resort, Classic Club, Marriott Shadow
Ridge and more!
More Information: (760) 777-7090.
VlJhodunnit? Mystery Book Club -. FREE
La Quinta Library; (760) 564-4767. Each month,
three books on the same subject will be read
and discussed. May theme is California Authors
o Don't miss Farmers Market at Old Town on Sum
Last one is May 30!
o And if you enjoy golf, take advantage of a new
California Resident Rate at SilverRock;
call (760) 777-8884 for more information.
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Make a day of it and visit the la Quinta
Museum, go hiking, browse la Quinta's
fabulous shopping venues and indulge at a
number of casual and fine fining restaurants.
Tuesftpr June 9 --!fir& & wine
Pea 0AW an Sampis'OOsi'W i
Old Town Cellar — 78-015 Rain Street
i More information: (760) 771.8950
La Quinta Arts Foundation and Old Town Cellar are
partnering the First Tuesday of every month to
introduce artists and representatives of acclaimed
i wineries. On June 1, come meet painter Rebecca e
Molayem and wine reps from Zaca Mesa Winery.'
Sample cuisine by Old Town Cellar, as well,
Frig juilie 4 - $to P.il&
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Old roam la Quinta — FREE _.
More Information: (760) 777.7090
Bring your blanket and catch a flick under the starsl
Presented by the City of la Quinta, Old Town _.
to Quinta and Time Warner Cable.
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6a Quinta Museum; (760) 777-71" 'i:i '
Celebrating PT Barnum's 200", birthdayl
This dynamic exhibit honors the life and legacy of
PT Barnum, renowned clown and actor. It includes
a 10-foot circus tent for visitors to walk through =-..
and view circus memorabilia.
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fabulous shopping venues and indulge at a
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Old Town to Quinta - FREE
More Information: (760) 777.7090
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Presented by the City of la Quinta, Old Town La
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Enrollment Fee - S59.00
More Information: (760) 777-7090
This 13-week program allows golf enthusiasts to
play some of the finest courses in the Valley at
special rates, including SilverRock Resort, Classic Clu!
Wmott Shadow Ridge and more! Singles or Team.
Divisions available.
9dday, Dst°ae 99 — l ffNdf ilil3i$ AWffiiii aY
La Quinta Mocum; (760) 777.7170
Celebrating PT Barnum's 2001' birthday!
This dynamic exhibit honors the life and legacy G(t
PT Barnum, renowned clown and actor. It mcluda\�.
a 10-foot circus tent for visitors to walk through
and view circus memorabilia.
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Make a day of it and visit the la Quinta
Museum, go hiking, browse la Quinta's
fabulous shopping venues and indulge at a
number of casual and fine dining restaurants.
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La Quinta Museum; (760) 777.7170
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This dynamic exhibit honors the life and legacy of
PT Barnum, renowned down and actor. It includes
a 10-foot circus tent for visitors to walk through A6
and view circus memorabilia. ;4.1
Located at the Fritz (turns Pariz in La Quinta
More Information: (760) 341.9622
Splash into summer! Be sure to sign up for the YMCA's
swim programs at Fritz Bums Pool, beginning in just a
few short weeks. Plan your summer swim sessions novel
Go to www.ymcaofthedesert.org to learn more.
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FA
VILLAGE STAKEHOLDERS WORK
GENERAL PLAN UPDATE
WEDNESDAY, MAY 12, 2010
2:30-4:00 p.m.
La Quints Museum;
77885 Avenida Montezuma, La Quints
The City of La Quinta is currently working on the 2035 General Plan Update.
As the heart of La Quinta, the Village is an important part of this community
and will have a special focus in the update process. The City is
seeking input from Village businesses and property owners on
topics such as future growth, development standards, land
use, streetscape design, and quality of life. For those
who have a stake in the future development of the
La Quinta Village, please come and share your {�
thoughts on this vital part of the City.
More Information: Go to
www.LQ2035.org or
call (760) 777-7125
(Planning Department). A
GEM ghke DESERT
391 46
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GENERAL PLAN
UPDATE WORKSHOP
Wednesday, April 21
5:30 p.m. to 8:00 p.m.
Multi -Purpose Room,
La Quinta Library
Join City leaders for an important workshop designed
to collect input from residents, local businesses and
others interested in the future of La Quinta.
Planning staff will be hosting a series of interactive
stations featuring different activities to evoke
ideas and opinions about the future needs a
and direction of the community.
More Information: Go to
www.lo-quinto.org or call
(760) 777-7125
(Planning Department).
4(v a9ly
GEM oftke DESERT —
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47
Department Report: / ",8
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TO: The Honorable Mayora d Members of the City Council
FROM: Douglas R. Evans,, Assistant City Manager Development Services
Tom Hartung, Building and Safety Director _14.
DATE: June 15, 2010
SUBJECT: Department Report Regarding Home Foreclosure Program Update
This is an update on the first series of homes the Agency Board directed staff to
purchase through the Home Foreclosure Program. In a report to the Agency Board
on May 5, 2009, staff gave a report on the number of bank -owned single-family
homes (foreclosures) in the two Project Areas and the impact they had on the City.
The Board directed staff to purchase 15 to 20 units with the flexibility to purchase
more it if was cost effective. On October 6, 2009, Council approved a Master
Purchase and Sale Agreement with Bank -Owned Properties in Project Area No. 1
and Project Area No. 2. This put in place the funding mechanism for the purchase
of foreclosed homes. The Board approved the appropriation of $750,000 for PA 1
and $250,000 for PA 2.
At the Board's direction, staff purchased five homes in the Cove and rehabilitated
each. Selection of the homes was made based on eliminating blight, improving the
aesthetics of the neighborhood, and the amount of work that would be required.
In order to obtain the affordable housing production credit, each house had to meet
the definition of "substantially rehabilitated." This meant each house had to have a
rehabilitation value that was at least 25% of the dwelling's land and improvement
value. Building and Safety Department staff bid individual construction trade work
for each home independently to ensure local contractors would bid on the jobs. To
date, 19 independent contractors have provided services as a result of the RDA
program. Below is a summary of each house including the purchase price, the cost
to rehabilitate, and the percentage of improvement.
,...` 393
54-120 Avenida Carranza — This house was purchased in February 2010 and
required the most rehabilitation. A new tile roof and garage door have been
replaced and the interior has undergone a complete remodel. The air
conditioning was replaced and the house has been hooked -up to the sewer.
A perimeter block wall has been installed and painted. The interior and
exterior have been painted and new water -efficient landscaping installed.
Energy efficient windows were installed and insulation has been added to the
attic. A before and after picture is attached (Attachment 1).
The house was purchased for $81,000. The total rehabilitation cost was
$73,520 making the total cost to the Agency of $154,520. This represents
a 48% rehabilitation investment.
2. 53-710 Avenida Rubio — This house was also purchased in February 2010.
The rehabilitation required a new tile roof, air conditioning unit, windows and
slider, added insulation, kitchen cabinets and countertop, dishwasher, and
new flooring. The interior and exterior were painted as well as the block
wall, and new gates installed on the side yards. The house has been
hooked -up to the sewer and new water -efficient landscaping installed. A
before and after picture is attached (Attachment 2).
The house was purchased for $124,000. The total rehabilitation cost was
$55,332 making the total cost to the Agency $175,785. This represents a
31 % rehabilitation investment.
3. 53-940 Eisenhower Drive — This house, also purchased in February 2010,
was previously owned by a participant in our Second Trust Deed program.
The owner was about to go into foreclosure and asked if the Agency would
repurchase the house. It has required the least amount of rehabilitation. The
house was painted inside and out, and new flooring installed. A picture is
attached (Attachment 3).
The house was purchased for $68,140 for the First Trust Deed. The
rehabilitation was $6,621. The rehabilitation cost, purchase price and
existing Second Trust Deed (in favor of the RDA) bring the total house price
to $152,761. The 25% rehabilitation factor would not apply on this house
since affordable housing covenants are already in place.
4. 52-608 Avenida Diaz — This house was purchased in March 2010 and the
rehabilitation work started. Once completed, the work included a new roof,
air conditioner, kitchen countertops and cabinets, new flooring throughout,
patio cover, iron gates for the side yards, new paint inside and outside, and
water efficient landscaping. It also has been hooked -up to the sewer. A
before and after picture are attached (Attachment 4).
394
2
Purchased at a price of $110,740, plus the rehabilitation costs of $35,192
brings the total house cost to $145,932. This represents a 24%
rehabilitation investment.
5. 52-280 Avenida Velasco — This house was a HUD repossession the Agency
was able to purchase before it was put on the market. Rehabilitation is
underway and will include a new tile roof, air conditioning unit, energy
efficient windows and slider; replacement of bathroom fixtures including tub,
toilet, sink and cabinet, kitchen cabinets and counter top; new appliances,
sinks, and flooring throughout. In addition, new fencing will be installed,
interior and exterior painting, and water efficient landscaping. A before
picture is attached (Attachment 5).
Purchase price of $100,730 and an estimated rehabilitation cost of $72,696
bring the total house cost to $173,426 for a rehabilitation factor of 42%.
All houses have had the Smart Irrigation Controller installed to help conserve water.
Once the homes have been substantially rehabilitated, they will either be sold or
rented to qualified owner/tenants. Starting July 1, 2010, staff will initiate a
second round of home acquisitions.
Attachments: 1 . 54-120 Ave. Carranza before & after photos
2. 53-710 Ave. Rubio before & after photos
3. 53-940 Eisenhower photo
4. 52-608 Ave. Diaz before & after photo
5. 52-280 Ave. Velasco photo
.. 1395
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ATTACHMENT 5
52-280 Velasco
JUNE 15
JULY 6
JULY 20
AUGUST 3
AUGUST 17
SEPTEMBER 7
SEPTEMBER 21
OCTOBER 5
DEPARTMENT REPORT:
CITY COUNCIUS
UPCOMING EVENTS
CITY COUNCIL MEETING
CITY COUNCIL MEETING
CITY COUNCIL MEETING
CITY COUNCIL MEETING
CITY COUNCIL MEETING - CANCELLED
CITY COUNCIL MEETING - CANCELLED
CITY COUNCIL MEETING
CITY COUNCIL MEETING
OCTOBER 19 CITY COUNCIL MEETING
w
404
LA QUINTA CITY COUNCIL MONTHLY CALENDAR
June 2010
Sunday
Monday
Tuesday
::'Wednesday
Thursday
Friday
Saturday
1
2
3
4
5
May
a
3:00 PM City Council
12:00 PM Mayor's Lunch
S
M
T T F S
Meeting
3:00 PM City Council
1
Special Budget
2
3
4 5 6 7 8
Meeting
9
10
11 12 13 14 15
16
17
18 19 20 21 22
"
23
24
25 26 27 28 29
30
31
6
7
8
9
10
11
12
10:00 AM Transp.
7:00 PM Planning
9:00 AM RCTC-
11:00 AM CVCCSniff
Henderson
Commission
Henderson
12:00 PM Energy/
6:00 PM CVAG Exec.
4:00 PM Investment
Environs Sniff
Cmte-Adolph
Advisory Board
6:00 PM IID Energy
CmIn Franklin
13
14
15
16
17
18
19
10:00 AM Pub. Shy.
3:00 PM City Council
10:00 AM Homelessness
9:00 AM
CVA Evans
Henderson
Meeting
Cmte: Franklin
5:30 PM Community
12:00 PM HCRC Franklin
Services Commission
6:00 PM League.
Henderson
20
21
22
23
24
25
26
12:00 PM Sunline-Adolph
9:00 AM LAFCO-
Henderson
27
28
29
30
10:30 AM RCTC Budget
Henderson
July
4:00 PM Exec. Cmtee.
S
M T
W T
F
S
Adolph
6:00 General
4
11
5 6
12 13
1
7 8
14 15
2
9 10
16 17
3
Assembly
ly
18
19 20
21 22
23 24
25
26 27
28 29
30 31
Printed by Calendar Creator Plus on 6/14/2010 „ 405
LA QUINTA CITY COUNCIL MONTHLY CALENDAR
July 20 10
Sunday Monday Tuesday �Wednesday
Thursday
Friday
Saturday
1
2
3
June August
S M T W T F S S M T W T F S
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 31
4
5
6
7
8
9
10
It
3:00 PM City Council
Meeting
10:00 AM ALAC
9:Fr AM Animal Campus -
Franklin
11:00 AM CVCC-Sniff
Independence Day
Independence Day
Holiday
12:00 PM Energyl
Environs Sniff
CITY HALL CLOSED
11
12
13
14
15
16
17
10:00 AM Pub. Shy.
7:00 PM Planning
9:00 AM RCTC
9:00 AM CVA Evans
Henderson
Commission
Henderson
3:00 PM Was.
4:00 PM Investment
Censversancy-Franklin
Advisory Board
5:30 PM Community
Services Commission
6:00 PM 110 Energy
Note Franklin
6:00 PM League
Henderson
18
19
20
21
22
23
24
3:00 PM City Council
10:00 AM Homelessness
9:00 AM LAFCO-
Meeting
Core. Franklin
Henderson
12:00 PM HCRC-Franklin
25
26
27
28
29
30
31
10:30 AM RCTC Budget
7:00 PM Planning
12:00 PM Sunline Adolph
Henderson
Commission
2:00 PM J.Cochran Reg.
6:00 PM Exec Come:
Airp Franklin
Adolph
Printed by Calendar Creator Plus on 6/14/2010 «„ ' 406
rTC
LA QUINTA CITY COUNCIL MONTHLY CALENDAR
August 2010
..
...
..
..
..
..
..
1
2
3
4
5
6
7
10:00 AM Tramp.
Henderson
3:00 PM City Council
Meeting
10:00 AM ALBC
12:00 PM Mayor's Lunch
6:00 PM 110 Energy
Cmte-Franklin
8
9
10
11
12
13
14
5:30 PM Community
Services Commission
6:00 PM League
Henderson
7:00 PM Planning
Commission
9:00 AM HCTC.
Henderson
4:00 PM Investment
Advisory Board
15
16
17
18
19
20
21
3:00 PM City Council
Meeting . CANCELLED
3:00 PM Historic Preser-
vation Commission
9:00 AM CVA-Evans
22
23
24
25
26
27
28
10:30 AM BCTC Budget
Henderson
7:00 PM Planning Commis
Sion- CANCELLED
12:00 PM Sardine Adolph
9:00 AM LAFCD-
Henderson
29
30
31
6:00 PM Exec Came.
Adolph
July September
S M T W T F S S M T W T F S
1 2 3 1 2 3 4
4 5 6 7 8 9 10 5 6 7 8 9 10 11
11 12 13 14 15 16 17 12 13 14 15 16 17 18
18 19 20 21 22 23 24 19 20 21 22 23 24 25
25 26 27 28 29 30 31 26 27 28 29 30
Printed by Calendar Creator Plus on 6/14/2010 to...n 407
DEPARTMENT REPORT: '2
T4t!t ot 4 a"
TO: The Honorable Mayor and Members of the City Council
FROM: Tom Hartung, Director of Building & Safety —T�kl'
DATE: June 15, 2010
RE: Department Report — May, 2010
Attached please find the statistical summaries for building permits, Animal Control,
Code Compliance, and garage sale permits for the month of May. The statistical
summaries depict the following highlights:
• Year-to-date building permit valuation is $12,469,897 which represents an
issuance of 83 building permits in May;
• Animal Control handled 457 cases in May;
• Code Compliance initiated 192 cases in May;
• Garage sale permits generated $1550 revenue in May.
'•. 408
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DEPARTMENT REPORT: 67
A(Auin1 .
� /� °s 1 LU i4�t�IlA�il/
F y
C
FM OF,�,O
TO: Honorable Mayor and Members of the City Co n
FROM: Edie Hylton, Community Services Directo
O�
DATE: June 15, 2010
SUBJECT: Community Services Department Report for May 2010
Upcoming events of the Community Services Department for July 2010:
Computers Intermediate MS Excel, Senior Center
Using MS Outlook, Senior Center
Photoshop Elements, Senior Center
Photoshop Pro, Senior Center
Dance *Ballroom in Summertime
*Swing/Latin Fusion
Hawaiian Dancing, La Quinta High School
Dance, Play & Pretend, La Quinta High School
Beginning Ballet 5-10 yrs, La Quinta High School
Excursions San Clemente Ocean Festival
Exercise & Fitness *Morning Workout
*Mat Pilates
Yoga Morning, Library
Fighting for Fitness, Senior Center
Tae Kwon Do, Senior Center
USMA Mixed Matial Arts, B&G Club
Tone & Stretch, Senior Center
Jazzercise, Senior Center
Zumba, Senior Center
Relaxing Movement, Library
Tai Chi Qi Gong, Fitness Center
Free Lecture Series Acupuncture, Museum
Free Programs *Quitters
n... 413
Leisure Enrichment Beginning Drawing 9-14 yrs, Senior Center
Beginning Drawing 15-up, Senior Center
Beginning Acrylic Paint 9-14 yrs, Senior Center
Beginning Acrylic Paint 15-up, Senior Center
English Riding Lessons, Pasture Court
Vaulting on Horseback, Pasture Court
Music Beginning Guitar, Senior Center
Rock N' Blues Guitar, Senior Center
Special Events *Patriot's Luncheon
Sports Events Summer Golf Tour, Indian Canyons Golf Resort, North Course
Summer Golf Tour, Westin Mission Hills, Pete Dye Course
Summer Golf Tour, SilverRock Resort
Summer Golf Tour, Mission Hills Country Club, Pete Dye Course
Summer Golf Tour, Indian Wells Golf Resort, Celebrity Course
*Senior Center class or activity
»...� 414
Community Services Department
Attendance Report for the Month of May 2010
Summary Sheet
Program 2010 2009 Variance Sessions Per Month
2010 2009
Leisure Classes
124
50
74
91
59
Special Events
436
325
111
4
1
Sports
356
259
971
22
21
Fitness Center
732
765
-33
25
26
Senior Center
1345
1226
119
109
104
Total
2,993
2,625
368
251
211
Senior Services
Senior Center
313
320
-7
20
14
Total
313
320
-7
20
14
Sports User Groups
La Quinta Park Use
AYSO
200
150
50
20
18
LQ Sports & Youth
100
60
40
16
16
Desert Boot Camp
50
0
50
8
0
CV Premier Soccer
215
0
215
5
0
Sports Complex
LQ Sports & Youth
900
900
0
21
21
Facility/Park Rentals
Senior Center
Private Part
800
-400
2
4
Churches-2
750
0
10
10
Museum
MeetingRoom
0250
180
-60
2
3
Mtn . Room/ Courtyard
0
180
2
0
Library
Classroom
550
-3001
5
11
Civic Center Campus
Private Part
50
50
0
1
1
Park Rentals
La Quinta Park
300
500
-200
6
7
Fritz Burns Park
0
100
-100
0
2
Total
3,515
4,040
-525
98
93
Total Programs
6,821
6,985
-164
369
318
Vnlunteer Hours
Senior Center
2731
174
99
Total Volunteer Hours
1 273
174
99
'x...r 415
Community Services Program Report for May 2010
2010 2009 2010 2009
Participants
Participants
Variance
Meetings
Meetings
Leisure Classes
Fighting For Fitness
15
0
15
8
0
Guitar - Beg.
Guitar -2ndLevel
9
6
0
0
9
6
4
4
0
0
Dance, Play & Pretend
Begin. Drawing
4
4
0
0
4
4
4
4
0
0
Acrylic Painting
Tai Chi Chuan
7
8
0
3
7
5
4
16
0
7
Zumba
26
13
13
8
8
Adobe Photo Basic
3
0
3
3
0
Inter. Computers
Italian For Everyone
5
5
0
0
5
5
2
1
0
0
Tae Kwon Do
6
6
0
12
12
Neuropathy
61
0
6
1
0
Jazzercise
13
0
13
12
0
Tone & Stretch
7
0
7
8
0
Totals
124
22
102
91
27
2010 2009 2010 2009
Participants
Participants
Variance
Meetings
Meetings
Special Events
Moonlight Movies in Old Town
325
325
0
1
1
Carlsbad Excursion
25
0
25
1
0
Distinguished Artists Event
50
0
50
1
0
Getty Center Excursion
36
0
36
1
0
Totals
436
325
111
4
1
2010 2009 2010 2009
Participants
Participants
Variance
Meetings
Meetings
Sports & Fitness Center
Open Gym Basketball
Open Gym Volleyball
Fitness Center
275
56
732
259
0
765
16
56
33
17
4
25
21
0
26
Disc Golf Clinic/ Tourney
25
0
25
1
0
Totals
1088
1024
641
47
47
Community Services Totals 1,648 1,371 277 142 75
416
Monthly Revenue Report for May 2010
Ul mhh, P.VOnlfa _ Fnrility QPntaIS 2010 2009 Variance
... _......
Libra
$
-
$
-
$
Museum
$
225.00
$
350.00
$
125.00
Senior Center
$
5,862.50
$
6,362.50
$
500.00
Parks
$
540.00
$
720.00
$
180.00
Sports Fields
$
970.00
$
320.00
$
650.00
Monthly Facility Revenue
$
7,597.50
$
7,752.50
$
155.00
Uo .fhly Pavan„n
Senior Center
$
175.50Communit
Services
4,915.00
$
2,237.50
La Quinta Resident Cards
t$1
q3,1656.003,341.50
2,925.00
$
795.00
Fitness Cards
570.00
$
60.00
Total Revenue
11,751.50
$
2,797.00
Revenue Year to Date
Facility Revenue
$
60,375.50
$
57,895.00
$
2,480.50
Senior Center
$
71,625.50
$
69,916.00
$
1,709.50
Community Services
$
48,172.50
$
47,731.50
$
441.00
La Quinta Resident Cards
$
35,370.00
$
30,765.00
$
4,605.00
Fitness Cards
$
6,745.00
$
6,845.00
$
100.00
Total Revenue to Date
$ 222,288.50
$ 213,152.50
$
9,136.00
" 417
Senior Center Attendance
Senior Center Program Report for May 2010
Participation
2010
Participation
2009
Variance
Meetings
2010
Meetings
2009
Senior Activities
ACBL Bride
Bridge, Social/Party
Evening Dance
Monthly Birthday Party
Afternoon Tea
Monthly Luncheon Dessert Competition)
Movie Time
Putting Action
227
402
21
45
49
89
62
18
338
382
44
40
47
90
62
15
111
20
-23
5
2
-1
0
3
4
16
1
1
1
1
4
4
4
14
1
1
1
1
4
4
Tennis
Wii Tournament
91
13
15
0
76
13
8
4
8
0
Senior Activity Total
1017
1033
-16
44
38
Senior Leisure Classes
Arts & Crafts
Arthritis Foundation Self Help
3
70
3
0
0
70
1
6
1
0
Ballroom Dance/Swing-Latin Fusion
Dance Workshop
Exercise
5
8
26
14
0
32
-9
8
-6
4
1
11
8
0
12
Golden Tones
47
16
31
4
4
Hooked on Loops
Mat Pilates
3
12
6
14
-3
-2
3
11
3
12
Mature Driver
7
0
7
1
0
Quitters
34
10
24
4
4
Sketch & Draw
14
0
14
4
0
Ukulele Players
36
16
20
3
7
Watercolor
18
0
18
4
0
Woodcarvers
35
31
4
4
5
Yoga for Health
10
3
4
4
Senior Leisure Classes Total
328
145
176
65
60
TOTAL SENIOR PROGRAMS
1345
1178
160
109
98
Senior Services
FIND
185
193
-8
4
5
HICAP
7
5
2
2
2
Legal Consultation
FREE Seminars/Presentations/Screenings (8)*
7
68
6
81
1
-13
1
11
1
10
Notary
3
3
0
2
2
Volunteers
43
31
12
n/a
n/a
TOTAL SENIOR SERVICES
313
319
-6
20
20
SENIOR CENTER TOTAL
1658
1497
154
129
118
*Included: HUH! Help U Hear;Blood Pressure and Carotid Screening;
LIHEAP Workshops; Grandparents & Books; Living with Less Sodium;
Skin Care Consultation and Scrapbooking Workshop.
Parks Activities Updates
For May 2010
The artificial palm tree in the center of the interactive water feature at La
Quinta Park has been refurbished. The artificial palm fronds have all been
replaced. The old fronds had been removed over the span of the last three
years. Staff secured the new fronds so they will be more difficult to remove.
The refurbishing was planned before the interactive water feature opened for
the season on April 24, 2010. Due to delays from the manufacturer, the
work was not completed until the first week in May.
Two new trash cans were installed at the Cove Oasis on the CVWD dike.
The new trash cans required an encroachment permit to install them on
CVWD property. The trash cans are accompanied by a dog bag dispenser
next to each can. These two new trash cans will provide additional disposal
areas for both trash and dog bags.
The new playground at Adams Park is now open to the public. The safety
material was delivered the last week in May and the construction fence has
been removed. The contractor was able to install the posts for the shade
structure and will install the shade sails once the manufacturer completes the
custom fitting.
«•.•^ 419
Department Report: /
�OFTt�
TO: The Honorable Mayor and Members of the City Council
FROM: Les Johnson, Planning Directo
DATE: June 15, 2010
SUBJECT: Department Report for the Month of May 2010
Attached please find a copy of the Planning Department Report which outlines the
current cases processed by staff for the month of May.
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DEPARTMENT REPORT: 0
T4'yl 4 4 Q"
MEMORANDUM
TO: The Honorable Mayor and Members of the City Council
FROM: Timothy R. Jonasson, Public Works Director/City Engineer
DATE: June 15, 2010
SUBJECT: Public Works Department Report for June 2010
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;
jothy R. ass
Public Works Dire r/City Engineer
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MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: May, 2010
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
39
89
28
9
165
1001
Pot Hole -Repair/Patching
5
1
0
6
1002
Crack/Joint-Repair
0
0
0
0
0
1003
Pavement Marking/Legends
0
0
0
0
0
1004
Pavement Marking/Striping
0
0
0
0
0
1005
Curb Painting
0
1
0
0
1
1006
Other Traffic Controls
17
18
0
1
36
1007
Curb & Gutter Repair/Const.
0
0
0
0
0
1008
Other Concrete Repairs/Const.
0
0
0
0
0
1009
Street Sign Install (New)
14
0
0
0
14
1010
Street Sign Repair/Maint
40
11
0
5
56
1011
Debris Removal
3
28
2
2
35
1012
Right of Way Maint
0
50
56
0
106
1021
CLEAN Catch Basin Inlet/Outlet
1
115
0
0
116
1022
Rondo Channel OutleUVault
2
0
0
0
2
1022A
Desert Club Outlet/Vault
0
0
0
0
0
1023
S.D./ D.W./C.B. Repair/Maint.
0
0
0
1
1
1024
Gutter/Median Sand Removal
0
0
0
0
0
1025
Street Sweeping (Machine)
96
0
0
0
96
1026
Street Sweeping (Hand)
0
0
0
0
0
1027
Sidewalk/Bike Path Cleaning
0
0
6
0
6
1028
Dust Control
0
0
0
0
0
1029
Flood Control
0
0
0
0
0
1031
Parks/Retention Basins Inspection/Clean-L
0
3
89
0
92
1041
Irrig/ Weeding, Shrubs & Tree Trimming
44
37
169
5
255
1051
Landscape/Irrigation Contract Managemen
0
0
20
17
37
1052
Lighting/Electrical Contract Management
0
0
13
12
25
1061
Small Tools Repair/Maint.
4
0
0
0
4
1062
Equipment Repair/Maint.
0
0
0
0
0
1063
Vehicle Repair Maint.
30
18
0
2
50
1081
Trash/Litter/Recycable Removal
0
1
6
0
7
1082
Vandalism Repairs
0
0
0
0
0
1083
Graffiti Removal
132
74
26
15
247
1084
Maint. Yard Building Maint.
16
9
20
9
54
1085
Seminars[Fraining
20
53
12
10
95
1086
Special Events
0
0
8
0
8
1087
Citizen Complaints/Requests
89
14
0
0
103
1088
Meeting
22
30
13
20
85
1089
Office (Phone, paper work, reports, Misc.)
32
24
12
52
120
SUBTOTAL
606
576
480
160
1822
1091
Over Time
12
8
24
0
44
1094
Jury Duty(
2
0
0
0
2
1095
Sick Leave
40
40
0
0
80
1096
Vacation
32
24
0
0
56
1097
Holiday
0
0
0
0
0
1098
Floating Holiday
0
0
0
0
0
1099
Worker Comp/ Bereavement/ STD
120
0
0
0
120
SUBTOTAL
206
72
24
0
302
TOTAL HOURS
812
648
504
160
2124
TOTAL MILES
31371
34401
25371
98
9212
431
Department Report:
•
LA UNTA P@LICI
Served by the riverside Courtly Sherffs Depart
Police Department Monthly Report
May 2010
Prepared for
�...' 432
La Quinta Police Department
• SIGNIFICANT ACTIVITY REPORT
Captain Rodney Vigue
Chief of Police
Saturday May 1 2010 — 10:30 PM -- Deputy Adonis Glasper conducted a traffic enforcement stop at Eisenhower
and Sonora. He arrested Joe Ruiz, 43 of Indio, for possession of methamphetamine. Ruiz also had a misdemeanor
warrant for his arrest.
Saturday May 1 2010 — 11:55 PM -- Deputy Brandon Klecker responded to a report of a domestic disturbance in the
44900 block of Vista Dunes, in La Quinta. While responding to the location he observed a male subject that matching
the description of the suspect. He arrested Cesar Villanueva Garcia, 27 years of Indio, for spousal abuse and violation
of a court order.
Sunday May 2 2010 —2:15 PM -- Deputy Russell responded to Wal-Mart, 79295 Highway 111, to a shoplifter in
custody. Ana Flores, 26 years of Indio, was booked for commercial burglary.
Sunday May 2010 — 2:36 PM -- Deputy Berry responded to a person in the roadway call on Washington at
Channel. Steven Mitchell, 46 year old transient, was found to be intoxicated and transported to the Indio Jail for
booking.
Sunday May 2 2010 — 8:30 PM -- Deputy Travis Miller responded to the 78600 block of Sagebrush reference a
burglary. An unknown suspect had kicked in the front door.
Monday May 03 2010 — 523 PM -- Deputy Christopher Rowley responded to Target, 79295 Hwy 111, regarding
•two shoplifters in custody. Jake Labounty, age 20 of Indio, and Brittanie Duran, age 19 of Indio, were arrested and
booked into Indio Jail for commercial burglary.
Monday May 03 2010 — 8:05 PM -- La Quinta SET Deputies served a property related search warrant in the 52500
block of Avenida Ramirez. The warrant stemmed from the previous arrest of two juveniles suspected of a burglary in
La Quinta. No additional property was located related to the burglary.
Monday May 2010 — 8:47 PM -- La Quinta SET Deputies served a property related search warrant in the 77800
block of Calle Sonora. The warrant stemmed from the previous arrest of two juveniles suspected of a burglary in La
Quinta. No additional property was located related to the burglary.
Monday May 03 2010 — 9:22 PM -- Deputy Stephen Davis conducted a vehicle stop at Lake La Quinta and
Washington. Dean Belbas, 77 yrs of Indian Wells, was arrested for DUI.
Monday May 03 2010 — 10:06 PM -- Deputies Jessica Vanderhoof and Brandon Klecker responded to the 51900
block of Ave Alvarado regarding a suspicious vehicle. Upon arrival the contacted Raul Garcia, 47 years of La Quinta,
and Melissa Ramirez, 30 years of Coachella, who were sleeping in the back of a pick up truck. Investigation revealed
that both Garcia and Ramirez were under the influence of a controlled substance. A search of the vehicle led to the
recovery of a syringe loaded with heroin. Both were arrested and booked at the jail.
Tuesday May 04 2010 — 7.00 AM -- Deputy Shaun Hughes and members of the Coachella Valley Narcotics Task
Force served a narcotic related search warrant in the 53700 block of Avenida Martinez. Arrested was Michael Shaun
Claggett, 34 of La Quinta, for possession of methamphetamine for sale and Manuel Joseph Chavez, 26 of La Quinta,
for possession of methamphetamine.
Tuesday May 04 2010 — 1:00 PM -- Deputy Mariano Mates arrested Xochitil Pedrin, 50 years -old from Palm Desert,
for forgery, burglary, and financial elder abuse related to a check fraud case in La Quinta. Pedrin was booked into the
• Indio Jail
433
•Tuesday May 04 2010 — 120 PM -- Deputy Jason Stillings responded to Kohl's, 78950 Highway 111, reference a
burglary in progress. The male and female suspects fled the store. Deputy Stillings arrived as both subjects entered
their vehicle along with their young child. The vehicle slowed down enough to let the male suspect exit and flee on
foot. The female suspect then fled westbound on Highway 111. The vehicle was located a few moments later in the
Eisenhower Medical Center parking lot and the female was quickly taken into custody. The male was tracked down to
the Lowe's hardware store on Highway I I I where he was taken into custody without incident. Louis Ross, 30 yrs.,
and Elsie Gayton, 30 yrs, both of Palm Desert, were arrested for commercial burglary, child endangerment, and
conspiracy.
Wednesday, May 05 2010 — 7:06 PM -- La Quinta SET served a property related search warrant in the 80000 block
of Ave. 48, Indio. The warrant stemmed from a CAL -ID hit on a residential burglary from October of 2009. Deputies
contacted the suspect, a 16 year old, who had committed several burglaries. Charges will be filed out of custody.
Wednesday May 05 2010 — 10:25 PM -- Deputies Stephen Davis and Jeth Lee were working DUI enforcement when
they conducted a vehicle enforcement stop at Avenue 48 and Adams St. Troy Coutee, 34 yrs of La Quinta, was
arrested for DUI.
Friday, May 07 2010 — 9:00 PM -- Deputy Chris Frederick arrested Phillip Boswell, 40 years of La Quinta, in the
52900 block of Avenida Rubio for possession of methamphetamine and a hypodermic needle.
Saturday May 08 2010 — 11:15 PM -- Deputy Rodney Hefington conducted a traffic stop at Calle Tampico and
Avenida Bermudas. He arrested Adam Humphries, 24 years of La Quinta, for DUI.
Sunday May 09 2010 — 2:30 AM -- Deputy Tom Anderson conducted a traffic enforcement stop at Hwy I I I and
Jefferson. He arrested the driver, Gina Rios, 48 years of Palm Desert, for a felony warrant for weapons violations,
possession of methamphetamine and hit and run.
• Sunday Mav 09 2010 — 5:00 AM -- Deputy Brandon Klecker conducted a traffic enforcement stop at Jefferson and
Fred Waring, for speeding. He subsequently arrested the driver, Jose Arcane, 21 years of Indio, for a felony
embezzlement warrant.
Sunday May 09 2010 — 2:41 PM -- Deputy Bryan Worden responded to a report of a submerged vehicle in the All
American canal at the east end of Airport Blvd in Thermal. The vehicle was completely submerged but the license
plate was visible. It had been stolen out of La Quinta sometime during the night. Classic Auto Transport removed the
vehicle. The vehicle had collision damage to the right front fender and bumper. The only missing items appear to be
the stereo and speakers.
Monday May 10 2010 — 1 :22 AM -- Deputy Jeff Hughes conducted a traffic enforcement stop on a suspected DUI
driver at Hwy I 1 1 and Jefferson. He subsequently arrested Veronica Saucedo, 27 years of Indio, for DUI.
Monday May 10 2010 — 535 PM -- Deputy Stephan Davis responded to JFK Hospital regarding ajuvenile being
brought into the emergency room with a variety of injuries. The ER doctor felt the injuries were not consistent with the
infant falling out of a stroller as claimed. The child was taken by CPS.
Tuesday May 11 2010 — 12:42 AM -- Dispatch broadcasted a report of a possible DUI driver traveling S/B on
Washington St. Deputy Jessica Vanderhoof located the vehicle on Eisenhower and observed it collide into the rear of a
vehicle that was stopped at Eisenhower and Sinaloa. The suspect vehicle continued traveling on Eisenhower and was
subsequently stopped by Dep. Vanderhoof. Arrested for DUI and hit and run was Jonathan Olvera, 23 years of La
Quinta.
Tuesday May 11 2010 — 5:21 PM-- Deputy Jason Stillings responded to the 47700 block of Dune Palms reference a
disturbance. Carmen Salas, 25 yrs of La Quinta, was arrested for felony vandalism after she vandalized her ex -
boyfriend's car.
•
434
Tuesday May 11 2010 — 5:33 PM -- La Quinta SET deputies served a property related search warrant in the 77700
•block of Country Club Dr., Palm Desert. The warrant stemmed from a theft investigation conducted by Business
District Deputy Fiebig regarding a stolen cell phone. The suspect, Paul Norried, age 43, was not home during the
warrant.
Wednesday May 12 2010 — 5 36 PM -- Deputy Jeffery Post responded to a traffic collision at Washington and
Channel Drive. Kathleen Emily Clark, 58 yrs of La Quinta, was northbound on Washington and attempted to make a
right turn into a parking lot but lost control and collided with a building. The building sustained minor non-structural
damage and Clark sustained minor injuries. Clark was arrested for DUI.
Wednesday May 12 2010 — 6:21 PM -- La Quinta SET Deputy Chris Frederick arrested Alexandro Benitez, age 28
of Indio, for possession of methamphetamine, drug paraphernalia and under the influence. Benitez was contacted on
Ave. 47 and Adams St. Benitez was booked into the Indio Jail.
Wednesday May 12 2010 — 7:00 PM -- Members of the La Quinta SET team and Deputy Christopher Rowley served
a search warrant on Sundance Circle, Palm Springs in reference to a check fraud case. Nicholas Joseph Schiesler, age
43, was arrested and booked for burglary and check fraud.
Wednesday May 12 2010 — 9:12 PM -- La Quinta SET Deputy Jason Chancellor arrested Javier Bueras, age 26 of La
Quinta, for two DUI warrants and a narcotic warrant after conducting a bicycle stop at Calle Nogales and Eisenhower
Dr. Bueras was booked into the Indio Jail.
Thursday May 13 2010 — 12:46 AM -- Deputy Jessica Vanderhoof conducted a traffic stop at Eisenhower and
Tampico and arrested Melody Ward for possession of methamphetamine.
Thursday May 13 2010 — 5:20 PM -- Deputy Jeff Post responded to Kohl's, 78-950 Highway 11 I, reference a
shoplifting. Two juvenile males, 16 yrs of Bermuda Dunes and 15 yrs of Palm Desert, were arrested for shoplifting.
• One juvenile was also charged for possession of a small amount of methamphetamine. Both were released to parents.
Thursday May 13 2010 — 6:05 PM -- Corporal Brian Taylor and Deputy Matthew Feldman conducted a vehicle
check at Montezuma Park. The driver, Julio Chavez, 20 years of Indio, was found to be in possession of marijuana
for sales. Chavez was arrested and booked into the Indio Jail for possession and transportation of marijuana for sales.
Thursday May 13 2010 — 4:30 PM -- Deputy Jaime Lewis responded to 78-000 Red Hawk Lane, reference a
residential burglary. Entry was made through an unlocked rear sliding door.
Thursday May 13 2010 — 10:20 PM -- Corporal Brian Taylor and Deputy Matthew Feldman conducted a pedestrian
check at Avenida Mendoza and Calle Sinaloa. Jose Palomino, 27 years of La Quinta, was arrested for possession of
cocaine and marijuana. Palomino was transported and booked into the Indio Jail.
Friday May 14 2010 — 8:00 AM -- Deputies responded to three incidents of graffiti on Bermudas between Madrid
and Potrero. The suspect(s) spray painted in blue paint the following, "CVA of DOPS" and "WTP".
Friday May 14 2010 — 12:15 PM -- Dep. Jauert responded to Wal-Mart, 79295 Highway 111, regarding a shoplifter
in custody. Karina Jaquez, 23 years of Mecca, was booked for shoplifting.
Friday May 14 2010 — 1:26 PM -- Dep. Wiggs conducted a traffic enforcement stop in the 46200 block of Dunes
Palms. The passenger, Michael Portillo, 25 years of La Quinta, resisted arrest while being taken into custody of
possession of heroin. The suspect was transported to JFK and the jail.
Friday May 14 2010 — 7 00 PM -- 1900 Hours- Deputy Jeth Lee responded to Wal-Mart, 72925 Hwy 111, regarding
a traffic collision in the parking lot. Louis Richard Alderman, age 37 of Indio, was arrested for driving while
intoxicated and child endangerment.
•Saturday May 15 2010 — 12:10 AM -- Cpl. Clayton Hughes and Deputy Bryan Worden conducted a pedestrian check
at Avenida Rubio and Calle Madrid that led to the arrest of Shylo Ashwood, age 32 of La Quinta, for possession of
435
methamphetamine and prescription drugs without a prescription.
. booked into the Indio Jail.
Saturday May 15 2010 — 1:30 AM -- La Quinta SET Deputy Prezell Burgie contacted Robert Loredo, age 20 of La
Quinta, during a pedestrian check at Eisenhower Dr. and Sinaloa. Loredo was arrested for public intoxication and was
booked into the Indio Jail.
She was also arrested for violation of probation and
Saturday May 15 2010 — 12:48 PM -- Deputies Schofield and Ramos responded to a domestic argument in the 79300
block of Desert Stream. Michael Reinholtz, 53 years of La Quinta, was located next to his car. He was intoxicated and
unable to care for himself. He was arrested and booked into the Indio Jail.
Saturday May 15 2010 — 11 35 PM -- Deputy Stephen Davis conducted a traffic enforcement stop at Avenue 52 and
Desert Club. He subsequently arrested Jorge Preciado, 39 years, for DUI with priors.
Sunday Mav 16 2010 — 6:59 PM -- Deputy Michelle Hart responded to Kohl's, 78950 Hwy 111, regarding a
suspicious couple attempting to conceal merchandise. The male, later identified as Efrain Range], age 31 of Palm
Desert, was seen inside the store collecting receipts from the trash cans and attempting to locate the merchandise.
Range] was subsequently arrested for commercial burglary, and booked into the Indio Jail.
Sunday May 16 2010 — 9:50 PM -- Deputy Jason Stillings responded to 51200 Eisenhower regarding a family
disturbance. Brett Docken was subsequently arrested for a domestic violence restraining order and resisting arrest.
Monday May 17 2010 — 12:43 PM -- Deputy Michael Hernandez responded to Wal-Mart, located at 79295 Highway
111, in reference to two subjects detained for theft. Daniel Torrez, 19 years -old, and Danielle Andrade, 18 years -old,
both of Indio, were arrested for commercial burglary and booked into the Indio Jail.
Monday May 17 2010 — 1:45 PM -- Corporal Brian Taylor responded to Wal-Mart, 79-295 Highway 111, in
reference to a shoplifter in custody. Mario Soto, 55 years of Indio, was arrested for shoplifting. Soto was transported
• and booked into the Indio Jail.
Monday May 17 2010 — 10:30 PM -- La Quinta SET Deputies Johnathan Lun and Prezell Burgie were conducting an
area check at Wolf Waters apartments (Ave. 48 and Dune Palms) when they contacted Raymond Araujo, age 32 of
Palm Desert, in a vehicle with Amy Buenrostro, age 22 of Coachella. Araujo is on parole and was found to be in
possession of methamphetamine and drug paraphernalia and was under the influence. He was booked into the Indio
Jail. After further investigation Buenrostro was released.
Tuesday May 18 2010 — 3:12 PM -- Deputy Jamie Lewis responded to the 77300 block of Calle Durango, reference
a burglary. Witnesses observed a late model vehicle park in front of the residence. A white male adult exited the
passenger side and approached the residence two different times. At about 1545 hours, the same white male was seen
jumping a fence from the backyard and he then walked away. The witness attempted to follow the male but he began
running away. Several electronic items were taken.
Tuesday May 18 2010 — 9:30 PM -- La Quinta SET Deputy Jonathan Lun responded to a suspicious vehicle call in
the 51100 block of Avenida Ramirez. Gregory Rodriguez 11, age 24 of La Quinta, was contacted and arrested for a
spousal abuse warrant and booked into the Indio Jail.
Tuesday May 18 2010 — 10:24 PM -- Deputies Jethamuni Lee and Stephen Davis responded to a report of a
suspicious vehicle in the 54200 block of Avenida Velasco. They located and arrested Gina Moreno, 38 years of La
Quinta for being in possession of methamphetamine and Russell Shope, 56 years of Palm Desert, for being under the
influence of a controlled substance.
Tuesday May 18 2010 — 10;52 PM -- La Quinta SET Deputy Chris Frederick contacted a 17 year old male juvenile
at Avenida Colima and Eisenhower Dr. and found him to be in possession of a spray paint can. The juvenile was
arrested and released to his grandmother. Charges of curfew violation and a juvenile in possession of aerosol paint
• will be filed out of custody.
436
Wednesday May 19 2010 — 6:50 PM -- La Quinta SET Deputy Chris Frederick conducted a traffic stop at Hwy 111
•and Jefferson St. He arrested the driver, Claudia Gomez, age 28 of Coachella, for a felony child endangerment
warrant. Gomez was booked into the Indio Jail.
Thursday, May 20 2010 — 2:25 PM -- SRO Deputy Rebecca Smith arrested a 12 year old female for resisting,
obstructing, and delaying a peace officer on Avenue 50 and Washington Street. The juvenile was involved in a battery
near the Boys and Girls Club and ran away from the scene prior to Deputy Smith's arrival. Based on witness
statements, Deputy Smith located and contacted the juvenile who began resisting. The juvenile was booked at Indio
Juvenile Hall.
Thursday, May 20 2010 — 4:38 PM -- La Quinta SET Deputy Jason Chancellor conducted a pedestrian check of
Reyna Hernandez, age 42 of Coachella, on Calle Nogales and Avenida Velasco. Hernandez was arrested for a felony
narcotic warrant and booked into Indio Jail.
Thursday, May 20 2010 — 10:07 PM -- La Quinta SET Sergeant Hoyt responded to a reported spousal abuse in the
area of Calle Sonora and Avenida Carranza. As Sgt. Hoyt attempted to contact the subjects involved, Miguel Orozco,
age 19, and Gabriella Martinez Perez, age 25, both of La Quinta, Martinez continued to walk away while Orozco
turned towards Sgt. Hoyt and confronted him. Orozco was arrested for resisting arrest and booked into the Indio Jail.
Perez was also arrested for a warrant and booked into the Indio Jail.
Friday May 21 2010 — 4:45 PM -- Deputy Stephen Davis responded to Target, located at 78-935 Hwy 1 I I regarding
two females in custody for shoplifting. Nicole Nunez, age 22 of Indio, and Vanessa Rodriguez, age 24 of Indio, were
arrested for commercial burglary. Both subjects brought three pre-school age children and attempted to conceal stolen
property in back packs being worn by the children. Both females were booked into Indio jail for commercial burglary
and child endangerment. CPS responded to the Indio station for the three kids.
Friday May 21 2010 — 8:37 PM -- Deputies Josh Reinbolz and Jason Chancellor from La Quinta SET conducted a
probation search in the 52800 block of Avenida Ramirez and arrested Kenneth Gamble, age 42, for being under the
• influence of a controlled substance and possession of drug paraphernalia.
Friday May 21 2010 — 11:59 PM -- Deputy Jomar Vanderhoof and Corporal Brian Taylor conducted a traffic stop at
Hwy 1 I 1 and La Quinta Center Drive. The passenger, Erick Ortega, 19 years old of Coachella, fled on foot and was
caught by Deputy Vanderhoof He was found to be in possession of a revolver. He was booked for possession of a
loaded and concealed firearm. He is a self admit gang member.
Sunday, May 23 2010 — 2:37 AM -- Deputy Chris McAnallen responded to Hwy I I I and Simon Drive and arrested
Brent Reitherman, 25 years of Encinitas, for DUI.
Sunday May 23 2010 — 4:40 PM -- Deputy Christopher Rowley conducted a vehicle stop at Eisenhower and
Avenida Montezuma and contacted the driver, Randy Hancock, 55 yrs. of La Quinta. Hancock was arrested for an
outstanding domestic violence warrant.
•
Sunday, May 23 2010 — 11:00 PM -- Deputy Brandon Klecker responded to a report of a DUI driver in the area of
Avenue 52 and Jefferson. The reporting person had been following the vehicle since Hwy 111 and Washington.
Deputy Klecker located the vehicle and arrested Scott Carroll, 43 years of La Quinta, for DUI.
Tuesday, May 25 2010 4:00 PM -- Corporal Clayton Hughes arrested Josh Spencer, 27 years -old from Palm
Desert, for identity theft and theft by credit card related to a fraud in La Quinta. Spencer was booked into the Indio
Jail
Tuesday, May 25, 2010 7:00 PM -- SET Deputy Christian Bloomquist conducted a traffic stop at Ave. 48 and Dune
Palms and arrested Joel Melgoza, age 23 of Indio, for parole violation and violation of domestic violence restraining
order. Melgoza was booked into the Indio Jail.
«... 437
Tuesday Mav 25 2010 7:00 PM -- Deputy Stephen Davis and Sgt. Tony Baur were working a two -man unit and
•conducted a pedestrian check at Hwy 111 and Adams. Dominic Rios, 46 yrs of Indio, was arrested for an active
parolee at large warrant.
Thursday, May 27 2010 432 PM -- Deputy Stephen Davis conducted a traffic stop at Eisenhower and Calle
Tampico. Joseph Doty, 36 yrs of La Quinta, was arrested for DUI. He was booked into the Indio Jail.
Thursday, May 27 2010 6:51 PM -- SET Deputy Josh Reinbolz conducted a follow up to a fraud in the 81700
block of Serenada, La Quinta. Ofelia Saenz, 44 yrs of Coachella, was arrested for identity theft and fraudulent use of
credit cards. She was booked into the Indio Jail.
Thursday, May 27 2010 10 45 PM -- Deputies responded to the Circle K at 78100 Calle Tampico reference an
assault that had just occurred at the location. SET Deputy Jonathon Lun arrived first and broke up a fight that was on-
going. Numerous subjects were detained as other deputies arrived. Arrested was Adrian Garcia, 25 years of Cathedral
City, for battery. Chelsea Davis, 19 years of Cathedral City, was arrested for assault with a deadly weapon and
possession of a switchblade knife when she threatened numerous people trying to break up the fight involving Garcia.
Also arrested was Eric Hall, 18 years of Cathedral City, for public intoxication.
Friday May 28 2010 8:15 AM -- Lt. Jason Huskey observed a male in a truck nodding off at the wheel at the
intersection of Miles and Dunes Palms. The driver was stopped on Fiesta at Roadrunner for suspicion of driving while
under the influence of drugs or alcohol. The driver, Philip Brown, 50 years of Coachella, was found to be driving on a
suspended license, had an outstanding felony drug warrant, and was in possession of a controlled substance. The
passenger, Ernest Brown, 46 years of Indio, was arrested for possession of a controlled substance.
Friday ME 28 2010 8:26 AM -- Deputy Kibbey responded to an assault at the intersection of Nogales and
Martinez. The male victim, 41 years of La Quinta, was driving to his residence on Eisenhower Dr. when he saw a
former neighbor parked near the intersection. He said the former neighbor's wife walked out and stopped in front of
his vehicle. He was talking to the female and asking her to move when he was approached from behind and hit in the
• mouth by Isreal Lerma, 27 years of Indio. The victim sustained cuts to his lip, chin and nose. The suspect and victim
have a year old dispute. The suspect just recently moved away from the victim's neighborhood. The suspect also
threatened to kill the victim and the victim's family.
Friday, May 28 2010 4:35 PM -- Deputy Stephen Davis responded to Wal Mart reference a shoplifting. Chrystal
Garcia, 18 yrs of Indio, and a 16 yr old female were arrested for shoplifting.
Friday May 28 2010 10:23 PM -- Deputy Matt Martinez conducted a traffic stop at Avenue 54 and west of
Monroe. Ana Delia Bosler, 55 yrs of La Quinta, was arrested for DUI. She was booked into the Indio Jail.
Saturday May 29 2010 9:59 AM -- Deputy Ramos responded to a vandalism call on Jefferson at Vista Grande.
Fourjuveniles were detained and two were arrested for the vandalism -graffiti.
Saturday, May 29 2010 10:13 AM -- Deputies responded to Monticello and Declaration to suspects possibly casing
a house for sale. Sgt. Hignight located the two suspects hiding in the front porch of an abandoned house on Dandelion.
Todd Brown, 21 years of Indio, was arrested and booked for possession of drug paraphernalia. Jennifer Polovick, 22
years of La Quinta, was arrested and booked for a court order violation.
Saturday, May 29 2010 10:08 PM -- Deputy Tom Anderson conducted a traffic enforcement stop at Avenue 48 and
Adams. He arrested a 17 year old male for DUI.
Sunday May 30 2010 2:55 AM -- Deputy Tom Anderson conducted a traffic enforcement stop at Hwy I 1 I and
Simon Drive. He arrested Margaret Jenkins, 20 years of Highland, for DUI.
Sunday May 30 2010 5:46 PM -- Officers from the La Quinta Police Department responded to the 50-400 block of
Eldorado Drive in reference to a domestic violence/man with a gun call. Responding officers spoke with the female
•victim who had called the police from a neighbor's home. The victim advised she was packing her belongings when
her estranged husband, John Quincy Adams, 67 years old, began to yell at her. As she made her way through a hallway
to... 438
in the home, she heard what she believed to be a gunshot. The victim fled out of the house and heard another gunshot
•as she reached the driveway. She called 911 from a neighbor's home. Deputies surrounded the home and attempted to
call Adams outside. He refused to come out and a stand-off ensued for approximately an hour and half. Deputies were
able to convince Adams to come outside peacefully, and he was arrested without further incident at 7:15 P.M. Adams
was taken to John F. Kennedy Memorial Hospital in Indio for a medical release prior to being booked at the Indio Jail.
Monday, May 31 2010 9:50 AM -- Deputy Bryan Jauert responded to a disturbance in the 50400 block of
Spyglass. Information given was a pick up truck was parked and the subject inside was attempting to lure young girls
into the vehicle. Dep. Jauert located the vehicle with an adult male inside who was naked. The suspect was identified
as Allen Svensson, 56 of La Quinta. He was found to be under the influence of a narcotic. A search of the vehicle
revealed a syringe containing residue of methamphetamine. Svensson was arrested and taken to the Indio jail.
11
•
�a.. 439
CITY OF LA QUINTA
Traffic Services Team Report
May 2010
Traffic Services Team
Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton
OC.S.O. Delaney Dep. Reynolds
SIGNIFICANT ACTIVITY
Overall public roadway collision activity has dropped 24.66% when compared
with the same time frame in 2009. When all collision activity is counted, the visitors
and residents throughout our city are enjoying a 24.2% collision rate reduction.
Public roadway collision activity occurs during weekdays, with Tuesdays accounting
for 66% of the total activity. Traffic collisions occur most often between the daytime
hours of 8:00 a.m. through 8:00 p.m.
Vehicles traveling at unsafe speeds for the roadway design and unforeseeable
hazards remains a significant reason collisions occur within the city of La Quinta. As
a result, La Quinta Traffic Services focus their attention toward education and en-
forcement of excessive speed and unsafe turning movements.
Additionally, more than half of all collisions result from intersection and right-of-way
violations during turning movements. Sadly, this trend has accounted for an overall
20% increase in the number of citizens injured and killed upon La Quinta roads.
O
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.
41". 440
City of La Quints
•
La Quinta Police Department
Monthly Traffic Collisions Report
Mav 2010
Current Month New YTD
Last YTD
% Change
Total T/C - Public Highway
15 110
146
-24.66%
Fatal Collisions
0 1
0
Number Mad
0 2
0
Injury Collisions
4 30
30
0.00%
Number Injured
4 42
35
20.00%
Property Damage
11 79
116
-31.90%
Type of Collision
Hit & Run
1 18
18
0.00%
Private Property
4 20
26
-23.08%
Bicycle Collisions
0 5
8
-37.50%
Number Injured - Bicycle Collisions
0 4
5
-20.00%
Vehicle vs. Pedestrian
0 0
7
-100.00%
. Alcohol Involved
1 12
9
33.33%
Reports Taken By
Patrol
18 101
147
-31.29%
Traffic
2 27
30
-10.00%
Target Team
0 6
2
200.00%
SRO
0 0
4
100.00%
TOTAL REPORTS
19 130
172
-24.42%
Counter Reports
DUI Arrests
Investigations Assigned
Last YTD This YTD
Closed
open
Hit and Run
Primary Collision Factors
Number
% Total
Unsafe Lane Change
4
21.05%
Unsafe Speed
3
15.79%
Traffic Signals and Signs
2
10.53%
Other improper Driving
2
10.53%
Improper Turning
2
10.53%
Driving Under Influence
2
10.53%
Other Than Driver
1
5.26%
Improper Passing
m
1
5.26%
�onowing Too Closely
1
5.26%
Auto RNV Violation
1
5.26%
441
C
Deputy William Fiebig
CITY OF LA QUINTA
Business District Deputy Report
May 2010
SUMMARY OF ACTIVITY
Business Management Contacts 25
Investigations 15
Suspects Arrested / Charged 06
SIGNIFICANT ACTIVITY
I responded to a business reference three suspects who ran from the location with over
$1,000 in merchandise to include a television set and digital cameras. The suspect vehicle
was later located in La Quinta and stolen. Although the suspects evaded capture, strong
investigative leads are being developed.
I responded to a local retailer reference a subject committing merchandise receipt fraud
and commercial burglary. This subject has previously been arrested for the same offense
442
• and is on bail pending his/her upcoming court date. These new charges will be filed with
the District Attorney's Office against the subject.
I conducted a theft investigation of a cell phone. A suspect was developed and a search
warrant was obtained at the Indio Municipal Court for the stolen cell phone. Although the
cell phone in question was destroyed and not located, other stolen cell phones were
located in the suspect's bedroom.
A local restaurant had a subject walk out without paying for their services. The subject
was identified by a thorough investigation and witness interviews and charges are being
filed.
I am conducting an embezzlement investigation in which $1,000 was stolen from a local
business by an employee. My investigation was narrowed to 3 possible suspects.
Although this investigation is continuing, it appears that the possible motive is that this
crime is a conspiracy between all 3 employees.
A subject was previously arrested for commercial burglary at two local retail stores. I was
able to identify the suspect via store video surveillance and vehicle license plate
information. The suspect did not deny being inside the stores. During an interview with
the suspect, he admitted to being involved and was charged for one of the burglaries. The
suspect then admitted he was inside the second store after learning he was on store video
• but refused to provide the identity of his co-conspirators. Enough probable cause was
established to charge the suspect for the second store burglary. The suspect is currently
on probation for a similar offense.
Working in conjunction with La Quinta Code Enforcement, I conducted a business
compliance check on a local Message Spa. All employees and the business were in
compliance. This Message Spa compliance check is part of an on -going message and spa
compliance check program to determine any potential illegal activity such as prostitution,
and other sexual related crimes.
I attended a "Segway" training class at College of the Desert to promote the use and to
learn how to operate the "Segway" as a patrol component in the La Quinta Business
District.
BUSINESS/COMMUNITY EVENTS
I attended a City of La Quinta "Power Luncheon" sponsored by the La Quinta Chamber
of Commerce. During this luncheon, I made several new business contacts.
I am working in conjunction with a local retailer to promote their annual "Community
Awareness and Appreciation" day. This event will include family events, displays, and
other community involved fun activities. Various other local businesses will be in
• attendance to promote their businesses and meet the community.
443
. BUSINESS COMMUNITY SPECIAL PROJECTS
I completed a Bank Robbery Response Plan for all banks in the City of La Quinta. This
plan is pending approval and will be provided to departmental supervision.
Working in conjunction with the Department of Alcohol and Beverage Control (ABC), I
developed a "Shoulder Tap" alcohol decoy program and a "Business Alcohol Decoy
Compliance Program" to take effect in June, 2010. These programs focus on businesses
and individuals who sell or purchase liquor to persons under the age of twenty-one.
I am developing a "Bait Car" and "Bait Cart" program for the four major retailers in La
Quinta experiencing the most thefts. These undercover operations will focus on theft of
items from vehicles parked outside the businesses and personal items (i.e., purses)
belonging to customers left in a shopping cart.
I am working in conjunction with the City of La Quinta Department of Code
Enforcement to develop working files and business compliance checks to detect any
illegal activity at all of the local Spa and Message businesses in the city.
11
444
P
•
u
Deputy Prezell Burgie
Deputy Christian Bloomquist
Deputy Jason Chancellor
CITY OF LA QUINTA
Special Enforcement Team
May 2010
Cummary of Activity
Deputy Joshua Reinbolz
Deputy Claudia Herrera
Deputy Chris Frederick
Type of Activity
# of Incidents
11
Type of Activlt
Wea ons Recovered
# of Incidents
1hecks/Sto
s
77
Arrest Warrants Served
6
Checks
7Follow-u
31
Search Warrantss
ssued
42
19
Parole Searches
Arrests/Filings
17
21
SIGNIFICANT ACTIVITY
Deputies from the La Quinta SET were conducting a program at the Wolfwaters Apartments at
Ave 48 and Dune Palms on Segways. While patrolling the complex, Deputies contacted two
subjects inside a vehicle parked under the complex. One of the subjects was found to me in
possession of methamphetamine and was currently on CDC Parole. He was arrested and booked
into the Indio jail.
SET deputies contacted a juvenile walking on Eisenhower Dr. in the cove area of La Quinta.
He was found to have an aerosol paint can on his person. It was later discovered that he
had applied graffiti at several locations in the area. He was arrested on location.
ft
445
Deputies from SET conducted a probation compliance check on Avenida Ramirez in La Quinta.
• During the compliance check, the subject on probation was found to have a methamphetamine
pipe and was under the influence of methamphetamine. He was arrested as his residence.
SET team deputies responded to the city of Coachella and conducted a follow up investigation
in regards to an identity theft of a victim in the city of La Quinta. During the investigation, a femat
suspect admitted to committing the fraud. She was arrested and booked into the Indio Jail.
SET deputies responded to a report of a battery at the Circle K located on Calle Tampico. Upon
arrival, several subjects were detained. Investigation revealed that three subject from Cathedral
City had caused an altercation at the location and attempted to stab the victims with an illegal
switchblade knife. All three subjects were arrested for assault with a deadly weapon, battery,
possession of a switch blade, and being drunk in public.
•
Deputy Kevin Moore
La Quints High School
CITY OF LA QUINTA
School Resource Officer Report
May 2010
Q"Mmnni of Artivity
Type of Activity
Number of Incidents
Criminal Reports
9
Arrests
1
Business Checks / City Park checks
g
Traffic / Parking Citations
3
Vehicle Checks
6
Pedestrian Checks
18
Traffic Stops
3
DA Filings
1
Y.A.T. Referral
2
Truancy Citations
4
"EVERY FIFTEEN MINUTES DRUNK DRIVING EVENT"
I planned, coordinated and supervised a two day drunk driving awareness event for the
all members of the La Quinta High School junior and senior classes.
Participating in the drunk driving awareness scenario were:
1. Twenty La Quinta High School Students
2. Members of the La Quinta Fire Department
3. American Medical Response Ambulance Personnel
4. California Highway Patrol Helicopter
5. Fitzhenry and Wiefels Funeral Homes
6. La Quinta Police Department Traffic Services Personnel
Po.,. 447
•
•
La Quinta MS
Franklin E.S..
Truman ES
Adams ES
CITY OF LA QUINTA
School Resource Officer Report
Deputy Rebecca Smith
Summary of Activitv
Type of Act ivit
Number of Incidents
Reports
5
Arrests
3
City Park Area Checks
2
Municipal Code Citations
7
Home Visits
5
Vehicle Checks
2
Follow-up / Public Assist
11
Pedestrian Checks
34
Y.A.T. Referral
2
Traffic Citations / Traffic Stops
5
D.A. Filings
1
1. 1 received a report that two students were selling pills on school grounds. One student
stated that a bag of pills had been hidden in a garbage can on campus. I located the bag of
pills and saw that they were a mixture of prescription medications. I contacted a female student
who confessed to having possession of the pills but denied selling them. The second student
was identified and a home visit resulted in a search of his room. Additional pills were found
as well as child pornography. The female student was charged with being in possession of
prescription medications without a prescription. The male student was also charged with being
in possession of prescription medication without a prescription as well as seven counts of child
pornography. The male student was already on probation and the female student was pending
probation on two other cases.
2. 1 responded to a report of a battery in progress at the Boys & Girls Club. I located and made
contact with two females. One female was uncooperative and attempted to flee. After a brief
struggle she was taken into custody. Neither female juvenile desired persecution, however, the
female who fought with me was booked into juvenile hall for resisting an officer.
3. Acting on information received, I identified a male juvenile who had tagged gang -related
graffiti in the boy's locker room. Review of the student's My Space page located additional in-
formation substantiating his involvement in tagging. A search of the student led to a "roll call"
list with the names of twenty-five other students who were involved the similar gang -related
tagging and graffiti vandalism.
C
2
Deputy Thomas Hendry
Summit H.S.
Paige M.S.
Horizon O.S.
CITY OF LA QUINTA
School Resource Officer Report
May 2010
Summary of Activity
Type of Activity
Number of Incidents
Reports
6
Arrests
1
Out of Custody Filings
1
Pedestrian Checks
2
Vehicle Check
1
1. A student at Col. Mitchell Paige reported she had been approached by an adult male who
offered her a ride home. Not knowing the male, the student declined and walked home without
incident. A composite sketch was made and investigations was notified.
I responded to a report of a student making criminal threats at Col. Mitchell Paige Middle
hool. A male juvenile had brought an "x-acto" knife to school and had threatened two
idents. When confronted, the juvenile then threatened to kill the teacher and the vice
ncipal. When I spoke with the juvenile he threatened to kill me as well. I transported the
,enile to Indio Juvenile Hall. Following "Kids With Guns" protocol I responded to the home
the juvenile and conducted a search for weapons or threatening documents. I did not find
v items of concern.
Charges were filed out of custody on a Horizon Opportunity School student who was found
be in possession of a "Butterfly" knife on campus.
I was approached by a student to alleged that her mother and step -father had beaten her. I
npleted the initial report, notified investigations and Child Protective Services (CPS).
I completed a missing persons report in behalf of a teacher whose adult daughter has been
;sing for several weeks. He stated she has drug issues and he is concerned for her.
449
C
CITY OF LA QUINTA
Community Service Officer Report
May 2010
C.S.O. Artesia Diaz C.S.O. Tina Ayon C.S.O. Thomas Fowler
C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land
Snmmary of Activity
Type of Activity
Number of Incidents
Burglary Investigations
$
Grand Theft Reports
1
PettyTheft Re orts
3
Vandalism/Malicious Mischief Reports
7
Traffic Collision Response
22
Vehicle Code or Parking Citations
23
Abandoned Vehicles Tagged/WarningTaggedfWarning
18
Towed Vehicles
4
Lost or Found Property Reports
4
Stolen Vehicle Report
0
Custodial / Non -Custodial Trans ort
21
Miscellaneous Calls
104
4 5.0
101
04
Danese Maldonado
Volunteer Coordinator
CITY OF LA QUINTA
Citizens On Patrol
Community Policing Office
Monthly Volunteer Report
May 2010
CummAr of dcfivifv
Community Policin Offce
Number
Citizens On Patrol
Number
Monthly Volunteer Hours
F 148 ITraffic
Control / Collision
0
Hours Y.T.D.
777
Business Checks
68
Hours 4/03 to Present
18,542
Community Events
2
CPO Monthly Visits
95
Courtesv Notifications
16
CPO Y.T.D. Visits
524
Trainin Hours
4
CPO Visits 4/03 to Present
16,507
Neighborhood Patrol
33
Vacation Checks
28
Patrol Hours
108
Y.T.D. Patrol Hours
480.5
Hours 7/06 to Present
4,970
The established rate for value received for volunteers in the State of California is calculated
at $23.29* per hour. The estimated Y.T.D. financial benefit to the La Quinta Police Department
and the City of La Quinta totals: $22,126.00 Total savings since 2003: $385,383.00.
*Revised from $16.24 per hour as of May 2010.
Community Policing Office Volunteers
We currently have ten active office volunteers and one on leave due to illness. With one
volunteer in the background process.
OCitizens on Patrol Volunteers
We currently have nine active COP volunteers with four volunteer candidates in the
background process. •. 451
M
Corporal David Perez
CITY OF LA QUINTA
Post 503 Explorer Report
May40
Post 503 Explorers
Post 503 Explorers have undertaken an extensive physical conditioning program in preparation
the Riverside County Sheriffs Explorer Academy scheduled for August 1 st - 7th. Only those
>lorers who are capable of completing the demanding physical conditioning requirements will be
)roved for participation in the prestigious Explorer Academy.
Explorer Post 503 is assisting in the planning and organization of the Riverside County Sheriffs
annual youth camp which is scheduled for June 11 - 13. Ten Explorers are tentatively scheduled to
participate in the program for "at risk" youth.
Post 503 team members benefited from an excellent defensive tactics class taught at College
Desert as part of the public safety academy. Dep. Rodney Hefington led the class.
e Explorer program offers law enforcement career education for young people 14 years of age
ust have completed 8th grade.) to age 20. Explorer team members must maintain a minimum
a "C average in their studies in order to participate in the program.
For additional information, or to apply for membership, call 760-863-8990 and ask for Corporal
452
Department Report:
LA UI TA P@,LICE
Served by the FJverside County Sheriffs Depar"ent
Crime Statistics Summary
April -- 2010
Prepared for
r
".. 453
L
2
3
4
10
11
12
13
•
CITY OF LA QUINTA
Crime
Com arison
--Aril
CRIME
April
April
YTD 2010
YTD 2009
2010
2009
AGGRAVATED ASSAULTS
3
4
14
24
BURGLARY
37
43
162
171
BURGLARY - VEHICLE
21
18
77
95
DOMESTIC VIOLENCE
14
16
68
62
HOMICIDE
0
0
1
0
NARCOTICS VIOLATIONS
21
24
82
121
ROBBERY
2
2
6
8
ROBBERY - CAR JACKING
0
0
0
0
SEX CRIME FELONY
3
2
14
21
SEX CRIME MISDEMEANOR
1
2
2
12
SIMPLE ASSAULTS
3
6
24
28
THEFT
68
72
265
291
VEHICLE THEFT
4
7
24
37
CITY OF LA QUINTA
Average Response Time -- April 2010
TYPE OF CALL
RESPONSE TIME (MINUTES)
NUMBER OF INCIDENTS
EMERGENCY
2.06
2
ROUTINE
7.6
1,441
' Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report.
i
454
C�
0
0
Crime Distribution Table
A r-10
% of Total
A r-09
% of Total
1
AGGRAVATED ASSAULTS
3
1.69%
4
2.04%
2
BURGLARY
37
20.90%
43
21.94%
3
BURGLARY -VEHICLE
21
11.86%
18
9.18%
4
DOMESTIC VIOLENCE
14
7.91%
16
8.16%
5
HOMICIDE
0
0.00%
0
0.00%
6
NARCOTICS VIOLATIONS
21
11.86%
24
12.24%
7
ROBBERY
2
1.13%
2
1.02%
8
ROBBERY - CAR JACKING
0
0.00%
0
0.00%
9
SEX CRIME FELONY
3
1.69%
2
1.02%
10
SEX CRIME MISDEMEANOR
1
0.56%
2
1.02%
11
SIMPLE ASSAULTS
3
1.69%
6
3.06%
12
THEFT
68
38.42%
72
36.73%
13
VEHICLE THEFT
4
2.26%
7
3.57%
Total
177
98.319/.
196
97.96%
CITY OF LA QUINTA
Apri12010 Crime Distribution
80
68
70
60
50
37
-- --
30
1
21
---
20
10
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455 .
•
350
300
250
200
150
100
50
0
•
eu
70
60
50
40
30
20
10
Month to Month Crime Comparison - Apr0
72
ba
43
37
21 212A
16
3-
00 22 00 2 j2 Rb
AT'*
47
0
p m
m
O
a
A
Year to Date Cane Comparison -A pril
❑ Apri12010
❑ Apol2009
291
26
Ib
95 121
b7
142� l 0 6 8 0 0 14 2 12
_ 37
2
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m
m
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0 Y D2010
0 YCD 2009
w... 456
Month to Month Calls for Service Comparison
April 2010
FEl Apr-1 O
t3 Apr-09
3,000
2,500
2,000 - -----
' 1,363 1,443 1,375
375
1,500 — --
1,00000
, 000 —
500
0
Total Non -Criminal Criminal
•
Year to Date Calls for Service Comparison
12,000
11,286
10,71 `. IIINNII
10,000
rEiYTD 201 O8,000 —
D 2009
5,980
6,000 — 5;5'I-7 5,20
i
4,000 --
2,000 —
j Y
0
Total Non -Criminal Crirrinal
•
457
Titf 4 4Q"
COUNCIL/RDA MEETING DATE: June 15, 2010
ITEM TITLE: Public Hearing to Consider Adoption of
Resolutions for: 1) Certification of a Mitigated
Negative Declaration and Mitigation Monitoring
Program for Environmental Assessment 2006-564; 2)
Conditional Use Permit 2006-097 Permitting the
Construction of a Church Parking Lot; 3) Site
Development Permit 2006-860 for the Development
and Landscaping Plans for a Church Parking Lot; and 4)
Approving a Memorandum of Understanding Between
the City of La Quinta and the Catholic Diocese of San
Bernardino for Joint Maintenance of a Retention Basin,
Located on the West Side of Washington Street
Between Avenue 47 and 48. Applicant: Prest Vuksic
Architects.
RECOMMENDATION
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of
environmental impact for Environmental Assessment 2006-564; and
Adopt a Resolution of the City Council approving Conditional Use Permit 2006-097,
subject to the attached Findings and Conditions of Approval; and,
Adopt a Resolution of the City Council approving Site Development Permit 2006-860,
subject to attached Findings and Conditions of Approval; and,.
Adopt a Minute Order of the City Council approving a Memorandum of Understanding
between the City of La Quinta and the Catholic Diocese of San Bernardino for the long
term maintenance of a retention basin.
FISCAL IMPLICATIONS
Project 201008 Phase II Washington Street Drainage Improvements (St. Francis of
Assisi Parkway median) was approved by Council for Fiscal Year 2010-2011 with a
budget of $313,296. If needed, an additional appropriation will be requested at the
time of construction contract award.
�... 458
CHARTER CITY IMPLICATIONS
None.
BACKGROUND AND OVERVIEW
St. Francis of Assisi Catholic Church (St. Francis) is located on the west side of
Washington Street just south of Avenue 47 (Attachment 1). The church applied for
Environmental Assessment 2002-463, Conditional Use Permit 2002-073, and Site
Development Permit 2002-755 to construct the current temporary parking lot in 2002.
The church's existing parking lot contains 172 paved spaces and a grass parking area
with a capacity of about 207 vehicles. This temporary grass lot is illuminated with 12-
foot high shoebox lighting fixtures, and utilizes telephone poles to separate vehicles
and define the parking area. The City Council approved the applications for the
temporary parking lot on May 20, 2003.
St. Francis Church returned in April, 2006 with new applications to construct a
permanent parking lot over the existing temporary lot. At that time, entitlement
applications for the adjacent vacant property to the south of the church were being
processed for a proposed single-family residential development. In an effort to provide
for a secondary access into the proposed residential community and St. Francis, an
agreement was entered into between St. Francis and the single-family residential
developer, Laing Luxury Homes, to construct a shared signalized intersection at
Washington Street and Via Marquessa. Laing Luxury Homes has since gone into
bankruptcy and no longer owns the adjacent parcel. As a result of this, St. Francis has
redesigned their project and amended their plans by removing the proposed shared
driveway, underground retention, and signalized intersection.
In September of 2008, St. Francis Church approached the City Council requesting a
cost sharing agreement for the construction and maintenance of their required
stormwater retention facilities. This was partly in response to a preliminary hydrology
report that identified 75% of the stormwater flowing to the project site came from the
adjacent Highland Palms neighborhood. During that meeting, the Council directed staff
to work with the applicant to find a resolution to the stormwater issue. As a result, a
Memorandum of Understanding (MOU) has been prepared which would allow the
parties to share the design, construction and maintenance costs for the proposed
retention basin (Attachment 2). Along with the MOU, the applicants are also
requesting Council approval of a Site Development Permit to allow the construction of
the retention basin and new parking lot, and a Conditional Use Permit to allow for the
modification of the church's existing parking arrangement.
PROPOSAL:
The applicant is proposing to construct a permanent parking lot comprised of 220
paved parking spaces, a temporary overflow parking lot with a capacity of 134 gravel-
459
surface parking spaces, a retention basin, and landscaping within the southern portion
of the existing church site. Once completed, the church will have a total parking
capacity of 526 parking spaces. With the exception of the proposed temporary
overflow parking area, project layout and circulation will remain relatively unchanged
from the current site plan. The northern half of the church site is not a part of the
project and will remain unchanged, though the applicant has indicated that they will
likely be replacing the turf with desert landscaping at some point in the future.
Preliminary grading plans, preliminary landscaping plans, preliminary lighting plans, and
a view study have been submitted for the proposed project (Attachment 3).
Parking Lot Design
St. Francis Church has been using a temporary grass parking lot to support overflow
parking since 2002. As the Church has experienced an increase in attendance over
the years, the temporary grass lot has come to be used on a regular basis. During
major religious events and holidays, the grass parking lot often reaches capacity and
the surrounding neighborhood streets are used for supplemental overflow parking. The
proposed parking layout provides an additional 220 improved parking spaces at the
location of the current grass lot and creates a new gravel parking lot with 134 spaces
to support overflow parking during special events and holidays. This new gravel lot
will be accessed from the western end of the center driving aisle adjacent to the foot
of the mountain and will contain a sunken telephone pole to separate the parking aisles
and serve as a curb. The existing 12-foot lighting fixtures in the grass lot will be
relocated and reinstalled in the gravel parking lot, identified in the lighting plan as
lighting fixture type "R" for 'relocated' (Attachment 3, Sheet E-3.0)•
Landscaping Design
The applicant is proposing a water -efficient landscaping design in accord with the
City's current landscaping code provisions. A variety of desert -appropriate trees and
shrubs are being proposed along the frontage road, within the parking lot and around
the retention basin. Proposed tree species include 24 to 36 inch box size Palo Verdes,
Texas Ebony, and Hybrid Mesquite trees with a minimum 1.5 inch caliper trunk.
Shrubs include a variety of water -efficient desert species that include Desert Cassia,
Texas Ranger, Bougainvillea, and Century Plants, complimented by groundcover
species such as Lantana. Five gallon containers are proposed for shrubs with most
groundcover species proposed from one gallon containers. The bottom of the retention
basin will contain approximately 9,500 square feet of turf. The applicant has included
a color perspective sheet conceptualizing the appearance of the proposed landscaping
upon maturity.
Lighting Design
The applicant is proposing to install new energy -efficient contemporary lighting fixtures
"...P 460
within the improved parking area and relocate the existing black shoebox-type fixtures
to the proposed temporary parking lot. The applicant has also submitted documents
identifying compliance with current Title 24 energy code requirements.
Three new lighting fixtures are being proposed with this project (Attachment 3, Sheet
E-3.0)• The proposed type "A" fixtures are a 12-foot high freestanding contemporary
design outfitted with a 27-inch diameter circular copper visor that will turn verdigris
overtime. These fixtures will be located along the main driveway and entrance to the
church site. The contemporary type "A" fixtures are dark -sky compliant and will
incorporate a 175 watt metal halide bulb which will illuminate the driving aisles with a
white light. Type "B" and "C" fixtures are 18-foot high black shoe -box type fixtures
containing 150 to 250 watt high-pressure sodium bulbs which will illuminate the
parking spaces with an orange -white light. The existing fixtures identified as type "R"
are similar in appearance to type "B," but are 12- feet in height and contain 150 watt
high-pressure sodium bulbs. Landscaping is proposed to be uplighted with low -profile
25 watt fluorescent lighting fixtures.
Retention Basin MOU
The MOU between the City and the Diocese has been prepared to address cost issues
relating to the "shared" retention basin. The City and Diocese staffs have worked
together in negotiating the MOU, which will coordinate the City's phased CIP project
with the Diocese development project to minimize impacts to motorists, and reduce
design and construction costs to both parties by taking advantage of economies of
scale. The highlights of the MOU are:
1) The City will pay the incremental cost of the design and construction of the
southerly landscaped "shared" retention basin along Washington Street. The
incremental cost is between a retention basin that handles storm water that is
associated with Diocese project requirements only and a larger retention basin
that handles both Diocese project required storm water and additional storm
water whose disposition is solely the responsibility of the City CIP project.
2) The Diocese will maintain the southerly landscaped retention basins except for
the dry wells. The City will maintain all dry wells associated with the "shared"
basin.
ANALYSIS:
The proposed church parking lot plans are a positive improvement that will enhance
the church site, provide much -needed permanent parking, and will provide attractive
landscaping along a highly -visible portion of Washington Street. With approval of this
application, the total number of available parking spaces will increase to 526 spaces -
more than enough to meet the estimated 245 parking spaces required under the City's
"'1 461
parking ordinance. The proposed lighting fixtures and level of lighting are appropriate
for the project. The preliminary planting and irrigation plans are well -designed, provide
a colorful variety of desert -appropriate plants, and will comply with both the City and
the Coachella Valley Water District's landscaping and water use requirements.
Planning Commission and City staff are supportive of the applicant's proposed
landscaping and lighting design. Although turf should be located in functional and
usable areas, the applicant's use of turf to line a portion of the bottom of the retention
basin is justifiable as the location is highly visible, turf provides stormwater filtration
prior to entering the drywell system and turf on the basin floor maintains its
appearance better than decomposed granite, especially in proximity to the drywell.
The quantity of turf proposed, approximately 9,500 square feet, could be moderately
reduced without sacrificing aesthetic quality or filtration and the conditions of approval
include a recommendation that the applicant work with staff to reduce the proposed
turf area to a feasible size. The conditions of approval also include a recommendation
to incorporate palm trees along Washington Street into the final landscaping plans and
that all trees are to have a minimum 2.5 inch caliper trunk size.
Environmental Review
The Planning Department conducted an Initial Study and determined that although the
proposed Project could have a significant effect on the environment, there will not be a
significant effect on this case because mitigation measures incorporated into the
project approval will mitigate or reduce any potential impacts to a level of non -
significance, and that a Mitigated Negative Declaration of environmental impact and
Mitigation Monitoring Program should be adopted.
Planning Commission
The Planning Commission considered the proposed project at their public hearing held
on May 25, 2010 (Attachment 4). The Planning Commission expressed concern with
some of the Architecture and Landscaping Review Committee's recommendations
related to landscaping and parking lot design. The Planning Commission supported
recommended conditions to require larger 2.5 inch caliper sized trees and to have the
applicant work with staff to reduce the amount of turf within the retention basin. The
Planning Commission also supported the Committee's recommendation to install
additional palm trees along Washington Street. The Planning Commission did not
support ALRC suggestions to shorten the length of the end stall median planters in the
parking lot, install additional turf near the main entrance, and remove shrubs from
within the parking area. With those adjustments, the Planning Commission
unanimously approved resolutions recommending City Council approval of the
proposed project.
`-' 462
Public Notice
This request was published in The Desert Sun newspaper on May 14, 2010 and June
4, 2010. To date, no letters have been received. Staff received a few inquiries
regarding the project's status from interested church parishioners, but no comments
were made. A copy of this request has been sent to all applicable public agencies and
City Departments.
FINDINGS AND ALTERNATIVES
The Findings for approval can be made as noted above and in the attached
Resolutions.
The alternatives available to the Council include:
1. Adopt a Resolution of the City Council certifying a Mitigated Negative
Declaration of environmental impact for Environmental Assessment 2006-564;
and
Adopt a Resolution approving Conditional Use Permit 2006-097, subject to the
attached Findings and Conditions of Approval; and
Adopt a Resolution of the City Council approving Site Development Permit
2006-860, subject to attached Findings and Conditions of Approval; and
Adopt a Minute Order of the City Council approving a Memorandum of
Understanding between the City of La Quinta and the Catholic Diocese of San
Bernardino for the long term maintenance of a retention basin.
2. Do not move to take up the Resolutions.
3. Provide staff with alternative direction.
Respectfully 4mitted,
Johoon, Planning Director
Approved for submission by:
164
Thomas P. Genovese, City Manager
`-9 463
Attachments: 1 . Aerial Site Plan
2. Draft Memorandum of Understanding
3. Conceptual Grading, Lighting, Landscaping, and View Study
Plan Set (Council Only)
4. Minutes for the May 25, 2010 Planning Commission hearing
464
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, CERTIFING A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
AND ASSOCIATED MITIGATION MONITORING PROGRAM
FOR ENVIRONMENTAL ASSESSMENT 2006-564
PREPARED FOR CONDITIONAL USE PERIMIT 2006-097
AND SITE DEVELOPMENT PERMIT 2006-860.
ENVIRONMENTAL ASSESSMENT 2006-564
APPLICANT: PREST VUKSIC ARCHITECTS
WHEREAS, the City Council of the City of La Quinta, California, did, on
the 151h day of June, 2010, hold a duly noticed Public Hearing to consider the request
of Prest Vuksic Architects for Environmental Assessment 2006-564 prepared for
Conditional Use Permit 2006-097 and Site Development Permit 2006-860, located on
the west side of Washington Street between Avenues 47 and 48, more particularly
described as:
APN: 643-090-026
WHEREAS, said Environmental Assessment complies with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-63), in that the Planning Director has conducted an
Initial Study (Environmental Assessment 2006-564) and has determined that although
the proposed Project could have a significant effect on the environment, there will not
be a significant effect in this case because mitigation measures incorporated into the
project approval will mitigate or reduce any potential impacts to a level of non -
significance, and that a Mitigated Negative Declaration of environmental impact and
Mitigation Monitoring Program should be adopted; and,
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 25`h day of May, 2010, hold a duly noticed Public Hearing to consider the
request of Prest Vuksic Architects for Environmental Assessment 2006-564 prepared
for Conditional Use Permit 2006-097 and Site Development Permit 2006-860 and,
after hearing and considering all testimony and arguments, unanimously recommended
approval by adoption of Resolutions 2010-015; and
WHEREAS, upon hearing and considering all testimony and arguments, if
any, of all interested persons desiring to be heard, said City Council did find the
following facts, findings, and reasons to justify recommending to the City Council
certification of said Environmental Assessment:
P 465
�
,o... 4 6 5
Resolution 2010-
Environmental Assessment 2006-564
St. Francis Church Parking Lot
June 15, 2010
Page 2 of 4
The proposed applications 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 by Environmental Assessment
2006-564. The proposed parking lot project replaces an additional existing
temporary parking lot and will not result in an increase in any impacts over what
currently exists on the project site.
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 population to
drop below self sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of rare or endangered plants
or animals or eliminate important examples of the major periods of California
history or prehistory. The property has not been identified as a habitat for any
endangered or threatened wildlife, nor has been identified as a wildlife corridor.
3. There is no evidence before the City that the proposed project will have the
potential for an adverse effect on wildlife resources or the habitat on which the
wildlife depends. The property has not been identified as a habitat for any
endangered or threatened wildlife. Furthermore, landscaping will be installed,
which may provide some habitat, and grading of the site will primarily disturb
existing developed areas.
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.
5. The proposed project will not result in impacts which are individually limited or
cumulatively considerable when considering planned or proposed development in
the immediate vicinity, as development patterns in the area will not be
significantly affected by the proposed project. The project does not change the
property's current land use as a church parking lot and will not generate new or
additional impacts. If the project is approved as proposed, it will be in
compliance with the General Plan and in conformance with surrounding
development.
6. The proposed project will not have environmental effects that will adversely
affect the human population, either directly or indirectly, as no significant
impacts have been identified which would affect human health, risk potential or
�r 1
466
Resolution 2010-
Environmental Assessment 2006-564
St. Francis Church Parking Lot
June 15, 2010
Page 3 of 4
public services. The proposed project will not result in an increase in traffic or
noise, as it is intended to replace an existing temporary parking facility.
7. There is no substantial evidence in light of the entire record that the project may
have a significant effect on the environment with the mitigation measures
imposed.
8. The City Council has considered Environmental Assessment 2006-564 and said
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 is the
Planning Department located at 78-495 Calle Tampico, La Quinta, California.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
1 . That the above recitations are true and correct and constitute the findings of the
City Council for this Environmental Assessment.
2. That the City Council certifies a Mitigated Negative Declaration of environmental
impact. Said determination is for the reasons set forth in this resolution and as
stated in the Environmental Assessment Checklist, attached and on file in the
Planning Department.
3. That Environmental Assessment 2006-564 reflects the independent judgment of
the City.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 15" day of June, 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
n...' 467
Resolution 2010-
Environmental Assessment 2006-564
St. Francis Church Parking Lot
June 15, 2010
Page 4 of 4
ATTEST:
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
DON ADOLPH, Mayor
City of La Quinta, California
N». 468
Environmental Checklist Form
Project title: EA 2006-564, Site Development Permit 2006-860, Conditional Use Permit
2006-097, Saint Francis Church Parking Lot Expansion
2. Lead agency name and address: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Contact person and phone number: Andrew J. Mogen sen, AICP
760-777-7125
4. Project location: The west side of Washington Street, south of Avenue 47.
5. Project sponsor's name and address: Saint Francis of Assisi Catholic Community
47225 Washington Street
La Quinta, CA 92253
6. General Plan Designation: Low Density 7. Zoning: Low Density Residential
Residential
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 applicant proposes the paving of a parking lot within the general boundary of a turfed
parking area which currently exists. In addition, the applicant proposes the creation of a new
temporary parking area immediately to the west of the new paved parking area. 220 parking
spaces are proposed in the paved lot, while 134 spaces are proposed in the new temporary lot.
The project also includes the creation of a storm water retention basin on the east boundary of
the site, and associated landscaping of the parking and retention area. The project area
encompasses approximately 5 acres. The proposed project occurs immediately south of the
existing church, on the west side of Washington Street.
The Conditional Use Permit is required to allow parking, while the Site Development Permit
is required to consider the design and landscaping plan for the site.
All existing access points to the frontage road will remain as they currently occur, as will
access from the frontage road onto Washington Street.
9. Surrounding land uses and setting: Briefly describe the project's surroundings:
Lands to the west consist of the foothills of the Santa Rosa Mountains. Lands to the south are
currently vacant, and designated for Low Density Residential development. Lands to the
east, beyond Washington Street, consist of retail and office commercial uses. Lands to the
north include the church buildings, and the Highlands single family neighborhood beyond.
10. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.)
None 469
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
Biological Resources
Hazards & Hazardous
Materials
Mineral Resources
Public Services
Utilities / Service
Systems
Agriculture Resources
Cultural Resources
Hydrology / Water
Quality
Noise
Recreation
Air Quality
Geology /Soils
Land Use / Planning
Population / Housing
Transportation/Traffic
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 FIR or
NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
Signature Date
z "., r) 470
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) 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," may be 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.
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
M...^ 471
-3-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
I. AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a
X
scenic vista? (La Quinta General Plan Exhibit
3.6 "Image Corridors")
b) Substantially damage scenic
resources, including, but not limited to,
X
trees, rock outcroppings, and historic
buildings within a state scenic highway?
(Aerial photograph; Site Inspection)
c) Substantially degrade the existing
visual character or quality of the site and
X
its surroundings? (Application materials)
d) Create a new source of substantial
X
light or glare which would adversely
affect day or nighttime views in the area?
(Project description)
I. a)-c) The installation of the parking lots will not impact any scenic vistas. The project does
not propose any structures which would block a view from Washington Street to the
foothills. The proposed project will include a landscaped retention basin on its east
boundary, and landscaping in the parking lot. The landscaping will act as a visual
buffer to the parking area. The western temporary lot will not be landscaped beyond a
gravel covering, but will also not impact views, as no structures are planned in this
area either.
There are no significant trees, rock outcroppings or historic buildings on the site, so
the project will not impact scenic resources. The project is located on an Image
Corridor (Washington Street), as defined in the General Plan. However, the project
proposes only landscaping along the frontage road which currently separates the site
from Washington Street. The project will therefore not impact scenic resources.
The proposed project consists of the paving of an existing lot, and the addition of a
temporary lot to the west. The nature of the project is substantially similar to what
occurs on the land today, and will therefore not impact the visual character of the area.
d) The proposed project will have no new impact on light and glare. Light currently
occurs on the site when the existing turfed lot is in use during the evening hours. The
paving of the lot will not result in any increase in the number of vehicles using the lot,
insofar as the congregation will not grow as a result of the proposed project. In the
future, should the congregation increase in size, some increase in use of the area on
special occasions (particularly Christmas eve services, or large weddings or funerals)
may result in use of the new temporary lot. This increase, however, is not expected to
occur for some years, and will not substantially add to the light in the area.
-4- ».. 472
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
II. AGRICULTURE RESOURCES:
Would theproject:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
X
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? (General Plan EIR p. III-21
ff.)
b) Conflict with existing zoning for
X
agricultural use, or a Williamson Act
contract? (Zoning Map)
c) Involve other changes in the existing
environment which, due to their location
X
or nature, could result in conversion of
Farmland, to non-agricultural use?
(General Plan Land Use Map; Site Inspection)
II. a)-c) The proposed project site is currently in use as a parking area, and lands to the west
are vacant desert. Neither area is designated for agricultural lands on State mapping
systems. The parcel is designated for Low Density Residential land uses, and has been
for some years. There are no agricultural activities within several miles of the project
site. There are no Williamson Act contracts on the proposed project site or on lands in
the vicinity. This site is in the urban core of the City, and is not an agricultural area.
There will be no impact to agricultural resources as a result of the proposed project.
.^ 473
-5-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
III. AIR QUALITY: Would the project:
a) Conflict with or obstruct
X
implementation of the applicable air
quality plan? (General Plan EIR)
b) Violate any air quality standard or
contribute substantially to an existing or
X
projected air quality violation? (General
Plan EIR)
c) Result in a cumulatively considerable
net increase of any criteria pollutant for
X
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)? (General Plan EIR)
d) Expose sensitive receptors to
X
substantial pollutant concentrations?
(General Plan EIR)
e) Create objectionable odors affecting a
X
substantial number of people? (Application
materials)
f) Generate greenhouse gas emissions either
X
directly or indirectly, that may have a significant
impact on the environment? (Project description)
g) Conflict with an applicable plan, policy or
X
regulation adopted for the purpose of reducing
the emissions of greenhouse gases? (Project
description)
III. a) The South Coast Air Quality Management District (SCAQMD) implements air quality
regulation in the City and region. The SCAQMD 2007 Air Quality Management Plan
and 2003 PMIO State Implementation Plan are the applicable documents for this
project. Both plans were developed using the City's General Plan land uses. The
parking area is ancillary to the primary church use on the site, and will not generate
any significant number of new vehicle trips. The proposed project is therefore
consistent with the SCAQMD's adopted plans.
b)- c) The paving of the proposed parking lot will result in air emissions during the grading
and paving of the site. As no structures are proposed, there will be no construction
emissions. Further, as the parking lot replaces an existing lot, and the new temporary
lot is an "overflow" parking area, no new trips will be created as a result of the
proposed project, so no new operational emissions will occur. For purposes of this
-6- �...^ 4 74
analysis, it has been estimated that all grading activities will occur in one phase. The
paved area totals 2.2 acres, and it has been estimated that all paving would be
accomplished in one day. As the project also includes concrete curb and gutter,
equipment has been assumed for this activity as well. Worker emissions include the
personnel required to operate the machinery, as well as supervisory personnel. The
grading and paving emissions for the proposed project are shown in the Tables below.
As shown in these tables, the proposed project will not exceed SCAQMD thresholds
during either grading or paving activities.
Table 1
Fugitive Dust Potential
(pounds per day)
Total Acres to be Factor Total Potential Dust
Disturbed at Buildout (lbs./day/acre) Generation (lbs./day)
5.0 26.4 132.0
Source: Table A9-9, "CEQA Air Quality Handbook," prepared by South Coast Air Quality
Management District, April 1993.
Table 2
Grading - Related Exhaust Emissions Summary
(pounds per day)
CO NOx ROG Sox PMta PM2.5 CO2
Equipment Emissions 43.11 96.58 17.59 0.23 3.78 3.36 8,751.38
Workers' Vehicle Emissions 4.33 3.39 0.57 0.01 0.14 0.11 725.21
Total Construction Emissions 47.44 99.97 18.16 0.24 3.92 3.48 9,476.59
SCAQMD Thresholds of Significance 550.00 100.00 75.00 150.00 150.00 55.00 N/A
Table 3
Aggregate Construction - Related Emissions Summary
(pounds per day)
CO NOx ROG SOx PM10 PM2.5 4
Equipment Emissions 23.02 40.65 6.07 0.05 2.55 2.27 4,31
Workers' Vehicle Emissions 4.33 3.39 0.57 0.01 0.14 0.11 72
Asphalt Paving Emissions - - 1.05 - - -
Architectural Coatings Emissions - - - - - -
Total Construction Emissions 27.36 44.04 7.69 0.06 2.69 2.39 5,04
SCAQMD Thresholds of Significance 550.00 100.00 75.00 150.00 150.00 55.00
Overall air quality impacts associated with the proposed project are expected to be less
than significant.
d) The construction of the proposed parking lots will have no impact on pollutant
concentrations, as the project will not result in any change in current traffic volumes or
flows.
-7- 475
e) The proposed project will not generate odors. The paving of the parking area, and
creation of the new temporary lot, will occur outside, and any odors created by
vehicles will quickly disperse.
f) & g) The grading and construction of the proposed parking lots will result in the generation
of Greenhouse Gases (GHGs) during the grading and paving processes. The proposed
project will have no direct long term impact on GHGs, insofar as the parking lot is
currently in use, and its paving will not increase the church's congregation, and the
number of cars which park in the area. As described in the Tables above, the project
will generate 9,476.59 pounds per day of carbon dioxide during grading. It is
estimated that grading will occur for a period of approximately 10 days. As a result,
the project will generate 94,760 pounds of carbon dioxide, or 42.6 metric tons. The
paving of the parking area has the potential to generate 5,041.2 pounds per day of
carbon dioxide. It is estimated that the paving process will take approximately 3 days.
As a result, the project will generate 15,123.6 pounds of carbon dioxide, or 6.8 metric
tons. The SCAQMD has not adopted any thresholds of significance for GHG
emissions, except for industrial projects for which it is the lead agency. For those
projects, it uses a threshold of 10,000 metric tons per year. For commercial and
residential project, SCAQMD's staff have referenced a possible threshold of 3,000
metric tons per year as representing a significant increase in GHG emissions. That
threshold was not adopted by the SCAQMD Board, and is the subject of ongoing
discussions of a working group. However, as the project will generate 49.4 metric tons
in one year, and no emissions following that construction year, the proposed project is
well below the thresholds considered by SCAQMD. The proposed project will
therefore have less than significant impacts on GHGs.
a...P 476
M
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
IV. BIOLOGICAL RESOURCES --
Would the pro'ect:
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 (General Plan MEA, p. 78 ff.)
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? (General
Plan MEA, p. 78 ff.)
c) Have a substantial adverse effect on
X
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? (General Plan MEA, p. 78 ff.)
d) Interfere substantially with the
X
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? (General Plan
MEA, p. 78 ff.)
e) Conflict with any local policies or
X
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance? (General Plan MEA, p. 73 ff)
f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
X
Natural Community Conservation Plan, or
other approved local, regional, or state
habitat conservation plan? (General Plan
MEA, p. 78 ff.)
-9-
".0 477
IV. a) A biological resource assessment was completed for the proposed project. The survey
found that the vacant desert lands west of the proposed paved lot are dominated by the
Sonoran creosote bush scrub plant community. The site survey found no sensitive
plants on the project site. The site survey also did not identify any sensitive animal
species on the site. Following the completion of the survey, the Coachella Valley
Multiple Species Habitat Conservation Plan was adopted by the City and other
participating jurisdictions. The Plan identified conservation areas immediately west of
the project site, but not in areas where the proposed project is to occur. As the
proposed project will not disturb the toe of slope, it falls under the mitigation fee
requirements of the Plan, and will be subject to these requirements to assure that
impacts associated with any sensitive species are less than significant.
b)-f) The project area does not contain any riparian habitat. A significantly degraded
mesquite hummock occurs on the southeastern edge of the site. The biological report
did not identify any impact associated with this hummock because of the degraded
nature of the plants, due primarily to its isolation and a lowered water table.
There are no wetlands within or adjacent to the project site.
The site is isolated by existing development, and provides a "dead end" for natural
environment. As a result, there is no potential for the site as a transportation corridor
for wildlife. There will be no impact associated with the movement of native species
as a result of the proposed project.
The proposed project area is within the area covered by the Coachella Valley Multiple
Species Habitat Conservation Plan. The project area is not in a conservation area under
the MSHCP, and as such is required to pay a mitigation fee. There will therefore be no
conflict with the Plan, and no impact is expected.
"Biological Assessment and Impact Analysis of the proposed St. Francis of Assisi Parking Lot," prepared by James
Cornet, May 2007.
10- "-0 478
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
V. CULTURAL RESOURCES -- Would
theproject:
a) Cause a substantial adverse change in
X
the significance of a historical resource as
defined in ' 15064.5? (General Plan MEA p. 123
ff.)
b) Cause a substantial adverse change in
X
the significance of an archaeological
resource pursuant to ' 15064.5? (General Plan
MEA p. 123 ff.)
c) Directly or indirectly destroy a unique
X
paleontological resource or site or unique
geologic feature? (General Plan MEA p. 88 ff.)
d) Disturb any human remains, including
X
those interred outside of formal
cemeteries? (General Plan MEA p. 123 ff.)
V.a) The site is currently vacant, with the exception of a turfed parking lot. There are no
historic structures on the site, and previous surveys have not identified historic
structures. There will therefore be no impact associated with historic structures as a
result of construction of the parking lot.
b) Multiple cultural resource surveys have been conducted on the project site, the most
recent occurring in 2001. In 2007, the consulting archaeologist summarized the
findings of the previous surveys, and the determinations made after excavation of
specific sites that these sites were not culturally significant 2. The 2007 letter also
reiterated that archaeological resources may occur beneath the surface of the site, and
that their disturbance would constitute a potentially significant impact. As a result,
mitigation measures must be imposed to assure that no archaeological resources are
impacted during the grading of the project site, as follows:
1. An archaeological monitor shall be present on and adjacent to the project site
during all ground disturbance. The monitor shall be empowered to stop and redirect
construction activities should a buried resource be uncovered, and the City shall be
immediately notified. Proof of retention of a monitor shall be provided in writing to
the City prior to the initiation of any ground disturbing activity. The monitor shall
deliver a report of any findings within 30 days of the conclusion of precise grading on
the site to the City. Any resources identified shall be professionally processed and
curated.
c) The proposed project occurs north of the historic boundary of ancient Lake Cahuilla,
which is the only paleontologically sensitive geologic feature in the City. The soils
outside the boundary of the ancient lake are too young geologically, and are composed
2 CRM Tech, April 2007, letter signed by Michael Hogan, Principal.
-11-
0-0 479
of sands and fine sands, which are not conducive to fossilization. As a result, no
impacts to paleontological resources are expected as a result of the proposed project.
d) The project site is not a part of a known burial ground, nor is it adjacent to a known
burial ground. No cemetery occurs in association with the existing church to the north.
California law requires that any human remains found when excavations occur be
reported to law enforcement. Further, law enforcement is required to determine if the
remains have the potential to be culturally significant to local Native American Tribes,
and to contact the Tribes if they are determined to be so. These requirements of State
law assure that there will be no impact to human remains as a result of the widening
project.
'•q 480
tz-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
VI. GEOLOGY AND SOILS -- Would
the project:
a) Expose people or structures to
potential substantial adverse effects,
including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault,
X
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? (General Plan MEA Exhibit
6.2)
ii) Strong seismic ground shaking?
X
(General Plan MEA Exhibit 6.2)
iii) Seismic -related ground failure,
X
including liquefaction? (General Plan MEA
Exhibit 6.3)
iv) Landslides? (General Plan MEA Exhibit
X
6.4)
b) Result in substantial soil erosion or
X
the loss of topsoil? (General Plan MEA
Exhibit 6.5)
c) Be located on expansive soil, as
X
defined in Table 18-1-B of the Uniform
Building Code, creating substantial risks
to life or property (General Plan MEA
Exhibit 6.1)
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? (General Plan
Exhibit 8.1)
VI. a) The proposed project site is not located within the boundaries of an Alquist-Priolo
Earthquake Hazard Zone. The site will, however, experience significant ground
shaking during an earthquake. The site will require that light poles and other
construction on the site meet seismic requirements of the building code in effect when
the parking lot is constructed. These requirements are designed to limited impacts
associated with construction in seismically active areas to less than significant levels.
13- a..-r.) 481
These standards will assure that there will be no impacts associated with ground
shaking.
The project site is not in an area subject to liquefaction. The proposed project occurs
to the east of the foothills of the Santa Rosa Mountains. The new temporary lot is
proposed in closest proximity to the foothills, and will be used as an overflow lot for
special events. The paved lot is located over 300 feet from the toe of slope, and is not
expected to be impacted by rockfall or landslide. As a parking lot, the area will not be
occupied for any length of time by people, and the impacts associated with landslides
and rockfall is expected to be less than significant.
b) The proposed project will be subject to soil erosion due to wind and water during its
construction. The City will implement PM10 Management Plans for grading of the
parking lot, consistent with its standards for all projects, to assure that wind erosion is
controlled. The City will also implement best management practices relating to storm
water management during and after the construction process, to assure that storm
water is not polluted by soils from the site or up stream sources. These City
requirements will assure that the impacts associated with soil erosion will be less than
significant.
c) The City's soils are not expansive, as they consist of sands and silty sands.
d) The proposed project will have no impact on septic or sewer systems, as the parking
lot will not require septic or sanitary sewer service.
482
-14-
Potentially
Less Than
Less Than
No
Significant
Significant w/ .
Significant
Impact
Impact
Mitigation
Impact
VIL HAZARDS AND HAZARDOUS
MATERIALS --Would theproject:
a) Create a significant hazard to the
X
public or the environment through the
routine transport, use, or disposal of
hazardous materials? (Application materials)
b) Create a significant hazard to the
public or the environment through
X
reasonably foreseeable upset and accident
conditions involving the release of
hazardous materials into the
environment? (General Plan MEA, p. 95 ff.)
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?
(Application materials)
d) Be located on a site which is included
X
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? (Application materials)
e) For a project located within an airport
X
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? (General Plan land use map)
f) For a project within the vicinity of a
X
private airstrip, would the project result in
a safety hazard for people residing or
working in the project area? (General Plan
land use map)
g) Impair implementation of or physically
X
interfere with an adopted emergency
response plan or emergency evacuation
plan? (General Plan MEA p. 95 ff)
h) Expose people or structures to a
X
significant risk of loss, injury or death
involving wildland fires, including where
-15- 483
wildlands are adjacent to urbanized areas
or where residences are intermixed with
wildlands? (General Plan land use map)
VII. a)m c)-h) The proposed project will not result in the storage, handling or use of hazardous
materials. The parking lot does not include any storage facilities, and no potential for
such activities will result from the proposed project.
b) The proposed use of the site as a parking lot will result in the release of small amounts
of oils and auto chemicals from leaks in car engines. These materials will stay on the
surface, and could enter surface water flows during a storm. The City will require the
construction of best management practices for the operation of the parking, which will
include facilities to "clean" surface flows, particularly those which will flow to the on
site retention basin. These standard requirements will assure that the proposed project
has less than significant impacts associated with hazardous materials.
c) The proposed project will not involve the release of hazardous materials, and is not
located in proximity to a school. No impact will occur.
d) The project site is not listed on any County, State or federal list of hazardous materials
site. No impact will occur.
e) & f) The proposed project does not occur in the vicinity of any airport. There are no other
airstrips in the vicinity. The proposed project will have no impact on safety at either
airport.
g) The proposed project will have no impact on emergency response plans, as it is located
on the City's major arterial, Washington Street, and will not change or block the traffic
flow on that street. Further, the proposed parking lot will not result in any added
traffic, other than that which currently exists there.
h) The proposed project will have no impact on wildland fires. The proposed parking lot
is located east of the foothills of the Santa Rosa Mountains, and will not include any
structures. The area is sparsely vegetated, and the potential for wildland fires is
negligible.
N. 484
-16-
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
X
waste discharge requirements? (General Plan
EIR p. III-187 ff.)
b) Substantially deplete groundwater
X
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)? (General Plan EIR p.1II-187 ff.)
c) Substantially alter the existing drainage
pattern of the site or area, including
X
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? (General Plan EIR p. III-187 ff.)
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? (General Plan EIR p. III-187 ff.)
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 runofl?(General Plan EIR p. III-187 ff.)
f) Place housing within a 100-year flood
X
hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation
map? (General Plan EIR p. III-187 ff.)
g) Place within a 100-year flood hazard
X
area structures which would impede or
redirect flood flows? (Master Environmental
Assessment Exhibit 6.6)
17 485
M,.
VIII. a) & b) The proposed project will have no impact on water quality standards. The parking lot
does not include water or waste water, other than that needed for landscaping. The
paving of the lot will result in small amounts of chemicals and oils from automobiles,
which will be controlled through the implementation of best management practices on
site (see below).
c) - e) The proposed parking lot project includes a retention basin designed to accommodate
storm flows from both the project site, and the up -stream Highlands neighborhood.
The hydrologic analysis prepared for the proposed project considered both on site and
up -stream flows 3. The study assumed the need to contain the 100 year storm flow from
the site as well as the upstream flows, according to City standards. This analysis
resulted in the sizing of the retention basin to assure that these flows would be
accommodated. The analysis also included best management practices, for both
construction and operation of the parking lot, which are designed to control siltation.
The City and the church will enter into a Maintenance Agreement designed to assure
that the basin retains capacity and functionality in the long term. These requirements,
and the Agreement, will assure that impacts associated with storm flows are less than
significant.
f)-g) The site is not located in a flood zone as designated by FEMA. Further, no structures
are planned, and no one will occupy the site for any period of time. No impact is
expected.
p.,.^ 486
} "Water Quality Management Plan and Hydrology," prepared by Watson Engineering, February 2010.
-18-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
IX. LAND USE AND PLANNING -
Would the project:
a) Physically divide an established
X
community? (Aerial photo)
b) Conflict with any applicable land use
plan, policy, or regulation of an agency
X
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? (General Plan
Exhibit 2.1)
c) Conflict with any applicable habitat
X
conservation plan or natural community
conservation plan? General Plan MEA p. 74
ff.)
IX. a) The project site is currently in use as a parking area, and will not divide an established
community.
b) The use of the site as a parking area is ancillary to the existing church, which is
permitted under the Low Density Residential zone. The addition of parking will
relieve on street and off site parking currently occurring, and will not be in conflict
with either the General Plan or Zoning Ordinance. The project will be required to meet
landscaping and design requirements for parking lots. No impact is expected.
c) The project site is within the boundaries of the Coachella Valley Multiple Species
Habitat Conservation Plan, and will be subject to the regulations associated with that
Plan. No impact is expected.
487
19-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
X. MINERAL RESOURCES -- Would
the project:
a) Result in the loss of availability of a
X
known mineral resource that would be of
value to the region and the residents of
the state? (Master Environmental Assessment
p. 71 ff.)
b) Result in the loss of availability of a
X
locally -important mineral resource
recovery site delineated on a local
general plan, specific plan or other land
use plan? (Master Environmental Assessment
p. 71 ff.)
X. a) & b) No mineral resources are expected to occur within the project area. There are no
significant mineral resources in the vicinity of the project. The project site has been
designated for urban use for a number of years. No impact will occur.
-20-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XI. NOISE Would the project result in:
a) Exposure of persons to or generation
X
of noise levels in excess of standards
established in the local general plan or
noise ordinance, or applicable standards
of other agencies? (General Plan MEA p. 111
ff.)
b) Exposure of persons to or generation
X
of excessive groundbome vibration or
groundbome noise levels? (General Plan
MEA p. 111 ff.)
c) A substantial permanent increase in
X
ambient noise levels in the project
vicinity above levels existing without the
project? (General Plan MEA p. 11 I ff.)
d) A substantial temporary or periodic
X
increase in ambient noise levels in the
project vicinity above levels existing
without the project? (General Plan MEA p.
ill ff.)
e) For a project located within an airport
X
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? (General Plan land
use map)
f) For a project within the vicinity of a
X
private airstrip, would the project expose
people residing or working in the project
area to excessive noise levels? (General
Plan land use map)
XI. a) & c) The parking lot occurs adjacent to future residential development, although lands to
the south are currently vacant. The proposed parking lots will be in use during services
and other church activities, which generally occur on Sundays, during day time hours.
The noise generated by car engines will be limited, and periodic, and is not expected to
increase noise levels in the long term.
XI. b)& d) The construction of the parking lot will result in temporary elevated noise levels
associated with the heavy equipment which will be used to grade and pave the site.
There are no sensitive receptors in proximity to the project site. Further, the
-21- a.. -" 489
construction of the lot will occur during prescribed daytime hours, when noise levels
are less impacted by additions to the noise environment. Although temporary increases
in noise due to heavy equipment are expected to occur for short periods, the impact is
expected to be less than significant, insofar as no sensitive receptors occur in the area.
e) & 0 The project site is not located within the noise contours of any airport or airstrip.
y0M
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XII. POPULATION AND HOUSING —
Would the project:
a) Induce substantial population growth
X
in an area, either directly (for example,
by proposing new homes and businesses)
or indirectly (for example, through
extension of roads or other
infrastructure)? (General Plan, p. 9 ff.)
b) Displace substantial numbers of
X
existing housing, necessitating the
construction of replacement housing
elsewhere? (General Plan, p. 9 ff., project
description)
c) Displace substantial numbers of
X
people, necessitating the construction of
replacement housing elsewhere? (General
Plan, p. 9 ff., project description)
XII. a)-c) The paving of the parking lot is being completed to accommodate an existing need.
The project will therefore have no potential to induce growth, either directly or
indirectly.
The project site does not currently include housing or people, and the construction of
the parking lot will not displace either housing or people. No impacts associated with
population and housing are expected.
Mal
-23-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
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? (General Plan MEA, p. 57)
X
Police protection? (General Plan MEA, p. 57)
X
Schools? (General Plan MEA, p. 52 ff.)
X
Parks? (General Plan; Recreation and Parks
X
Master Plan)
Other public facilities? (General Plan MEA,
X
p. 46 ff.)
XIII. a) The construction of the parking lot will have no impact on public services. The fire
and police departments currently would respond to calls for service in the turfed lot,
and the paving of the area will not change that response. The proposed parking lot will
not increase the school population, and will therefore have no impact on schools.
Similarly, the construction of the parking lot will have no impact on parks or other
public facilities.
,. 492
-24-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
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?
(Project description; General Plan Exhibit 5.1)
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? (Project description)
XIV. a) & b) The construction of a church parking lot has no potential to impact recreational
resources.
�.. 493
-25-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
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)?
(General Plan EIR, p. III-29 ff.)
b) Exceed, either individually or
X
cumulatively, a level of service standard
established by the county congestion
management agency for designated roads
or highways? (General Plan EIR, p. III-29 ff.)
c) Result in a change in air traffic
X
patterns, including either an increase in
traffic levels or a change in location that
results in substantial safety risks? (No air
traffic involved in project)
d) Substantially increase hazards due to a
X
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)? (Project
description)
e) Result in inadequate emergency
X
access? (Application materials)
f) Result in inadequate parking capacity?
X
(Project description)
g) Conflict with adopted policies, plans,
X
or programs supporting alternative
transportation (e.g., bus turnouts, bicycle
racks)? (Project description; MEA Exhibit 3.10)
XV.a)-g) The proposed parking lot is being constructed to improve parking at the church, and
alleviate the need for on -street parking, particularly during special events at the
church. The proposed project will not increase traffic, nor will it affect traffic on
Washington Street beyond the effects which currently occur. Access to the lot will be
in the same location, off the frontage road, as currently occurs. Egress from the site
will continue as it currently does — either from the frontage road or from the
intersection of Washington Street and Highlands/Avenue 47, which is currently
signalized. The parking lot will have no impact on levels of service in the area. g 4
-26-
The proposed parking lot will have no impact on air traffic, as there are no airports in
the area, and the parking lot would not impact air traffic.
The proposed parking lot has been designed to City standards, including the width of
drive aisles and turning radii. There will be no impact associated with design features.
The proposed parking lot will have no impact on emergency access, as the access
points to the site will continue to occur in the same location as they do currently.
The proposed parking lot is designed to add to the parking available at the church, and
will not result in inadequate parking capacity.
The church is located on an established SunLine bus route, and the construction of the
lot will have no impact on that bus route.
q95
-27-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
Impact
Mitigation
Impact
XVI. UTILITIES AND SERVICE
X
SYSTEMS. Would the project:
a) Exceed wastewater treatment
X
requirements of the applicable Regional
Water Quality Control Board? (General
Plan MEA, p. 58 ff.)
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?
(General Plan MEA, p. 58 ff.)
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?
(General Plan MEA, p. 58 ff.)
d) Have sufficient water supplies
X
available to serve the project from
existing entitlements and resources, or
are new or expanded entitlements
needed? (General Plan MEA, p. 58 ff.)
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?
(General Plan MEA, p. 58 ff.)
f) Be served by a landfill with sufficient
X
permitted capacity to accommodate the
project's solid waste disposal needs?
(General Plan MEA, p. 58 ff.)
g) Comply with federal, state, and local
X
statutes and regulations related to solid
waste? (General Plan MEA, p. 58 ff.)
(M
XVI. a)-g) The proposed parking lot will have no impacts on utilities and service systems. There
will be no wastewater facilities associated with the proposed project. The project site
is currently irrigated, and the construction of the lot will use the same water source for
landscaping irrigation. The proposed project will not require solid waste services,
although the church is currently served by the City's solid waste provider.
pp,
-29-
Potentially
Less Than
Less Than
No
Significant
Significant w/
Significant
Impact
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
achieve short-term, to the disadvantage
X
of long-term environmental goals?
c) 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 connection with the
effects of past projects, the effects of
other current projects, and the effects of
probable future projects)?
d) Does the project have environmental
X
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
XVII. a) The project site contains no significant biological resources. The project site has the
potential to include buried archaeological resources. Mitigation for this potential
impact has been provided in this report, which reduce the impacts to less than
significant levels.
XVII. b) The paving of the lot achieves long term goals, insofar as it can be expected to
alleviate current on site parking deficiencies.
XVII. c) The paving of the parking lot will have no cumulative impacts. The construction of the
adjacent retention basin will relieve existing flooding issues in the area, thereby
resulting in a beneficial cumulative impact.
XVII. d) The proposed project will have no significant effect on people, as no sensitive
receptors occur near the site.
498
-30-
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 EIR or negative
declaration. Section 15063(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.
General Plan EIR, 2002.
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.
Not applicable.
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.
Not applicable.
".. " 499
-31-
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J 500
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION OF A CHURCH PARKING LOT AT 43-225
WASHINGTON STREET.
CASE NO.: CONDITIONAL USE PERMIT 2006-097
APPLICANT: PREST VUKSIC ARCHITECTS
WHEREAS, the City Council of the City of La Quinta, California, did, on
the 15`' day of June, 2010, hold a duly noticed Public Hearing to consider the request
of Prest Vuksic Architects for Conditional Use Permit 2006-097, located on the west
side of Washington Street between Avenues 47 and 48, more particularly described
as:
APN: 643-090-026
WHEREAS, said Environmental Assessment complies with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-63), in that the Planning Director has conducted an
Initial Study (Environmental Assessment 2006-564) and has determined that although
the proposed Project could have a significant effect on the environment, there will not
be a significant effect from this case because mitigation measures incorporated into
the project approval will mitigate or reduce any potential impacts to a level of non -
significance, and that a Mitigated Negative Declaration of environmental impact and
Mitigation Monitoring Program should be adopted; and,
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 251h day of May, 2010, hold a duly noticed Public Hearing to consider
adoption of a recommendation on Conditional Use Permit 2006-097 and, after hearing
and considering all testimony and arguments, did adopt Planning Commission
Resolution 2010-016; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the City
Council did make the following mandatory findings to justify approval of said
Conditional Use Permit:
Finding A - The proposed Conditional Use Permit is consistent with the General
Plan in that the General Plan authorizes the use of churches within Residential Low
Density land use designations. Although the proposed project involves changed
"w ter( 501
Resolution 2010-
Conditional Use Permit 2006-097
St. Francis Church Parking Lot
June 15, 2010
Page 2 of 3
conditions to the existing church site, it does not involve an expansion or a change
in use. As a result, the Conditional Use Permit is consistent with the goals,
objectives and policies of the General Plan.
Finding B - The proposed Conditional Use Permit is compatible with the Low
Density Residential Zoning District because churches and religious facilities are an
approved land use with a Conditional Use Permit. The proposed parking lot does
not involve an expansion of an existing use and will replace an existing temporary
parking facility that serves an existing church.
Finding C - Processing of this Conditional Use Permit for the proposed use is in
compliance with the provisions of the California Environmental Quality Act. The La
Quinta Planning Department has conducted an Initial Study (Environmental
Assessment 2006-564) and has determined that although the proposed Project
could have a significant effect on the environment, there will not be a significant
effecting this case because mitigation measures incorporated into the project
approval will mitigate or reduce any potential impacts to a level of non -significance,
and that a Mitigated Negative Declaration of environmental impact and Mitigation
Monitoring Program should be adopted.
Finding D - Approval of this Conditional Use Permit will not be a detriment to the
public health, safety and general welfare, nor shall it be injurious or incompatible
with other properties or uses in the vicinity. The project replaces an existing
temporary parking lot within an existing church site with a permanent paved
parking lot. Grading of the proposed parking area will not result in a significant
change to the existing project site or interfere with scenic views. Water -efficient
irrigated landscaping will be installed with the project that will improve dust control
over what currently exists on site and a retention basin will be constructed to
improve local stormwater conditions. The project will not result in a change in land
use from the property's current use as a church parking lot. As a result, the
proposed land use is compatible with adjacent land uses and will not have an
impact• on health and safety.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
said City Council in this case; and
2. That it does hereby approve Conditional Use Permit 2006-097 for the
a... 502
Resolution 2010-
Conditional Use Permit 2006-097
St. Francis Church Parking Lot
June 15, 2010
Page 3 of 3
reasons set forth in this Resolution, and subject to the attached Conditions
of Approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council, held on this the 15t" day of June, 2010 by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA MONTECINO, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
«.. 503
CITY COUNCIL RESOLUTION 2010-
CONDITIONAL USE PERMIT 2006-097
ST. FRANCIS CHURCH PARKING LOT
CONDITIONS OF APPROVAL - RECOMMENDED
JUNE 15, 2010
GENERAL
The applicant agrees to defend, indemnify, and hold harmless the City of La
Quinta (the "City"), its agents, officers and employees from any claim, action
or proceeding to attack, set aside, void, or annul the approval of this
Conditional Use Permit. The City shall have sole discretion in selecting its
defense council.
The City shall promptly notify the applicant of any claim, action or
proceeding and shall cooperate fully in the defense.
2. Conditional Use Permit 2006-097 shall expire on June 15, 2012, two years
after City Council approval, unless established or granted a time extension
pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit
expiration and time extensions).
3. Conditional Use Permit 2006-097 shall comply with all applicable conditions
of approval for Site Development Permit 2006-860 and mitigation and
monitoring measures for Environmental Assessment 2006-564.
4. Prior to the issuance of a grading, construction or building permit, the
applicant shall obtain applicable permits and/or clearances from the following
agencies, if applicable or required:
• Riverside County Fire Marshall
• Public Works Department (Grading Permit, Improvement Permit)
• Planning Department
• Riverside County Environmental Health Department
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• The Gas Company
• Sunline Transit Agency
• California Water Quality Control Board (CWQCB)
• South Coast Air Quality Management District Coachella Valley
The applicant is responsible for all requirements of the permits or clearances
from the above listed agencies and departments. When the requirements
594
1
CITY COUNCIL RESOLUTION 2010-
CONDITIONAL USE PERMIT 2006-097
ST. FRANCIS CHURCH PARKING LOT
CONDITIONS OF APPROVAL - RECOMMENDED
JUNE 15, 2010
include approval of improvement plans, the applicant shall furnish proof of
said approvals prior to obtaining City approval of the plans.
4. The applicant shall reimburse the City, within thirty (30) days of presentment
of the invoice, all cost and actual attorney's fees incurred by the City
Attorney to review, negotiate and/or modify any documents or instruments
required by these conditions, if the applicant requests that the City modify or
revise any documents or instruments prepared initially by the City to effect
these conditions. This obligation shall be paid in the time noted above
without deduction or offset and the applicant's failure to make such payment
shall be a material breach of the Conditions of Approval.
MAINTENANCE
5. The applicant shall comply with the provisions of LQMC Section 13.24.160,
and shall make provisions for continuous, perpetual maintenance of all on -
site improvements, perimeter landscaping, access drives, and sidewalks. The
applicant shall maintain required public improvements until expressly released
from its responsibility by the appropriate public agency.
FEE AND DEPOSITS
6. The applicant shall pay the City's established fees for plan checking and
construction inspection. Fee amounts shall be those in effect when the
applicant makes application for plan checking and permits.
7. Permits issued under this approval shall be subject to the Coachella Valley
Multi -Species Habitat Conservation Plan/Natural Community Habitat
Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34.
PARKING AREAS
8. Prior to approval of any grading permits, the Applicant shall submit to the
Planning and Public Works department a temporary parking plan to identify
the locations and scheduling for alternative parking locations during grading
and construction of the parking areas.
505
2
CITY COUNCIL RESOLUTION 2010-
CONDITIONAL USE PERMIT 2006-097
ST. FRANCIS CHURCH PARKING LOT
CONDITIONS OF APPROVAL - RECOMMENDED
JUNE 15, 2010
9. Use of the temporary overflow parking area shall be limited to special events
and religious holidays when the other parking lots are anticipated to reach
capacity.
10. Parking lot lighting shall be turned off or reduced within one hour following
the conclusion of evening events. Lighting within the temporary overflow
parking area shall only be activated when the temporary lot is being used for
special events during evening hours.
506
3
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A
SITE DEVELOPMENT PERMIT TO ALLOW THE
CONSTRUCTION OF A CHURCH PARKING LOT AT 43-225
WASHINGTON STREET.
CASE NO.: SITE DEVELOPMENT PERMIT 2006-860
APPLICANT: PREST VUKSIC ARCHITECTS
WHEREAS, the City Council of the City of La Quinta, California, did, on
the 15`h day of June, 2010, hold a duly noticed Public Hearing to consider the request
of Prest Vuksic Architects for Site Development Permit 2006-860, located on the west
side of Washington Street between Avenues 47 and 48, more particularly described
as:
APN: 643-090-026
WHEREAS, said Environmental Assessment complies with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended (Resolution 83-63), in that the Planning Director has conducted an
Initial Study (Environmental Assessment 2006-564) and has determined that although
the proposed Project could have a significant effect on the environment, there will not
be a significant effect from this case because mitigation measures incorporated into
the project approval will mitigate or reduce any potential impacts to a level of non -
significance, and that a Mitigated Negative Declaration of environmental impact and
Mitigation Monitoring Program should be adopted; and,
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 251h day of May, 2010, hold a duly noticed Public Hearing to consider
adoption of a recommendation on Site Development Permit 2006-860 and, after
hearing and considering all testimony and arguments, did adopt Planning Commission
Resolution 2010-017; and
WHEREAS, the Architecture and Landscaping Review Committee reviewed
the proposed project during their meeting held on May 131h, 2010, and recommended
approval of the proposed project with conditions; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the City
Council did make the following mandatory findings to justify approval of said Site
Development Permit:
.. 5�7
Resolution 2010-
Site Development Permit 2006-860
St. Francis Church Parking Lot
June 15, 2010
Page 2 of 4
Finding A - Site Development Permit 2006-860 is consistent with the La Quinta
General Plan, in that the project site is designated as Low Density Residential which
permits the existing church and religious land use. The proposed parking lot
replaces an existing lot and does not involve an expansion of use. As a result, the
Site Development Permit is consistent with the goals, objectives and policies of the
General Plan.
Finding B - Site Development Permit 2006-860 is consistent with the La Quinta
Zoning Code in that it is a permitted conditional use under the Low Density
Residential (RL) zoning designation. The parking lot complies with the development
standards of the RL zoning district and other Zoning Code requirements such as
parking, setbacks, and landscaping. The proposed parking lot does not involve an
expansion of an existing use and will replace an existing temporary parking facility
that serves an existing church.
Finding C - Processing of this Site Development Permit for the proposed parking
lot is in compliance with the provisions of the California Environmental Quality Act.
The La Quinta Planning Department has conducted an Initial Study (Environmental
Assessment 2006-564) and has determined that although the proposed Project
could have a significant effect on the environment, there will not be a significant
effect in this case because mitigation measures incorporated into the project
approval will mitigate or reduce any potential impacts to a level of non -significance,
and that a Mitigated Negative Declaration of environmental impact should be
adopted.
Finding D - The site design of Site Development Permit 2006-860, including, but
not limited to project entries, interior circulation, pedestrian amenities, sidewalks,
crosswalks, and other site design elements will be compatible with surrounding
development and with the quality of design prevalent in the City.
Finding E - Site Development Permit 2006-860 landscaping, including but not
limited to the location, type, size, color, texture, and coverage of plant materials is
designed and conditioned so as to provide relief, complement the existing church
buildings, visually emphasize prominent design elements and vistas, screen
undesirable views, and provide a harmonious transition between adjacent land uses.
Water -efficient irrigated landscaping will be installed with the project that will
improve dust control over what currently exists on site and a retention basin will be
constructed to improve local stormwater conditions. The project will serve to
establish an overall unifying influence, enhance the visual continuity of the project,
a... 508
Resolution 2010-
Site Development Permit 2006-860
St. Francis Church Parking Lot
June 15, 2010
Page 3 of 4
complement the surrounding project area and comply with both City and CVWD
water efficiency requirements, ensuring efficient water use.
Finding F - Approval of this Site Development Permit will not be a detriment to
the public health, safety and general welfare, nor shall it be injurious or
incompatible with other properties or uses in the vicinity. The project will not result
in a change in land use from the property's current use as a church parking lot and
will not generate additional traffic or significant emissions. As a result, the
proposed land use is compatible with adjacent land uses and will not have an
impact on health and safety.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
said City Council in this case; and
2. That it does hereby approve Site Development Permit 2006-860 for the
reasons set forth in this Resolution, and subject to the attached Conditions
of Approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council, held on this the 15`h day of June, 2010 by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
�. " 509
Resolution 2010-
Site Development Permit 2006-860
St. Francis Church Parking Lot
June 15, 2010
Page 4 of 4
VERONICA MONTECINO, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
510
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL — RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-860
ST FRANCIS PARKING LOT
JUNE 15, 2010
C;FNFRAI
1. The applicant agrees to defend, indemnify and hold harmless the City
of La Quinta ("City"), its agents, officers and employees from any
claim, action or proceeding to attack, set aside, void, or annul the
approval of this Site Development Permit, The City shall have sole
discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action or
proceeding and shall cooperate fully in the defense.
2. Site Development Permit 2006-860 shall expire on June 15, 2012,
two years after City Council approval, unless recorded or granted a
time extension pursuant to the requirements of La Quinta Municipal
Code 9.200.080 (Permit expiration and time extensions)•
3. Site Development Permit 2006-860 shall comply with all mitigation
and monitoring measures for Environmental Assessment 2006-564
and all applicable conditions of approval for Conditional Use Permit
2006-097.
4. Prior to the issuance of any grading, construction, or building permit
by the City, the applicant shall obtain any necessary clearances and/or
permits from the following agencies, if required:
Riverside County Fire Marshal
Public Works Department (Grading Permit, Green Sheet (Public
Works Clearance) for Building Permits, Improvement Permit)
Planning Department
Riverside Co. Environmental Health Department
Coachella Valley Water District (CVWD)
Imperial Irrigation District (IID)
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-860
ST FRANCIS PARKING LOT
JUNE 15, 2010
• The Gas Company
California Water Quality Control Board (CWQCB)
SunLine Transit Agency
• South Coast Air Quality Management District Coachella Valley
The applicant is responsible for all requirements of the permits and/or
clearances from the above listed agencies. When the requirements
include approval of improvement plans, the applicant shall furnish
proof of such approvals when submitting those improvements plans
for City approval.
A project -specific NPDES construction permit must be obtained by the
applicant; who then shall submit a copy of the Regional Water Quality
Control Board's ("RWQCB") acknowledgment of the applicant's Notice
of Intent ("NOI"), prior to the issuance of a grading or site
construction permit by the City.
5. The applicant shall comply with applicable provisions of the City's
NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq.
(Stormwater Management and Discharge Controls), and 13.24.170
(Clean Air/Clean Water); Riverside County Ordinance No. 457; the
California Regional Water Quality Control Board — Colorado River Basin
Region Board Order No. R7-2008-0001 and the State Water
Resources Control Board's Order No. 2009-0009-DWQ.
A. For construction activities including clearing, grading or
excavation of land that disturbs one (1) acre or more of land, or
that disturbs less than one (1) acre of land, but which is a part
of a construction project that encompasses more than one (1)
acre of land, the Permitee shall be required to submit a Storm
Water Pollution Protection Plan ("SWPPP")•
The applicant or design professional can obtain the California
Stormwater Quality Association SWPPP template at
www.cabmphandbooks.com for use in their SWPPP preparation.
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-860
ST FRANCIS PARKING LOT
JUNE 15, 2010
B. The applicant's SWPPP shall be approved by the City Engineer
prior to any on or off -site grading being done in relation to this
project.
C. The applicant shall ensure that the required SWPPP is available
for inspection at the project site at all times through and
including acceptance of all improvements by the City.
D. The applicant's SWPPP shall include provisions for all of the
following Best Management Practices ("BMPs") (LQMC Section
8.70.020 (Definitions)):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the
applicant shall be approved by the City Engineer prior to any
onsite or offsite grading, pursuant to this project.
F. The approved SWPPP and BMPs shall remain in effect for the
entire duration of project construction until all improvements are
completed and accepted by the City.
6. Permits issued under this approval shall be subject to the provisions of
the Infrastructure Fee Program and Development Impact Fee program
in effect at the time of issuance of building permit(s).
7. Approval of this Site Development Permit shall not be construed as
approval for any horizontal dimensions implied by any site plans or
exhibits unless specifically identified in the following conditions of
approval.
,,,,,9 513
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-860
ST FRANCIS PARKING LOT
JUNE 15, 2010
8. Developer shall reimburse the City, within thirty (30) days of
presentment of the invoice, all costs and actual attorney's fees
incurred by the City Attorney to review, negotiate and/or modify any
documents or instruments required by these conditions, if Developer
requests that the City modify or revise any documents or instruments
prepared initially by the City to effect these conditions. This
obligation shall be paid in the time noted above without deduction or
offset and Developer's failure to make such payment shall be a
material breach of the Conditions of Approval.
PROPERTY RIGHTS
9. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or
proper functioning of the proposed development. Conferred rights
shall include irrevocable offers to dedicate or grant access easements
to the City for emergency services and for maintenance, construction
and reconstruction of essential improvements. Said conferred rights
shall also include grant of access easement to the City of La Quinta
for the purpose of graffiti removal by City staff or assigned agent in
perpetuity and agreement to the method to remove graffiti and to
paint over to best match existing. The applicant shall establish the
aforementioned requirements in the CC&R's for the development or
other agreements as approved by the City Engineer. Pursuant to the
aforementioned, the applicant shall submit and execute an
"AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE
PROPERTY" form located at the Public Works Department Counter
prior to Certificate of Occupancy or final landscaping approval.
10. Pursuant to the aforementioned condition, conferred rights shall
include approvals from the master developer or the HOA over
easements and other property rights necessary for construction and
proper functioning of the proposed development not limited to access
rights over proposed and/or existing private streets that access public
streets and open space/drainage facilities of the master development.
11. The applicant shall offer for dedication all public street rights -of -way in
conformance with the City's General Plan, Municipal Code, applicable
specific plans, and/or as required by the City Engineer.
„...0. 51
CITY COUNCIL RESOLUTION 2010-
CONDITIONS OF APPROVAL - RECOMII
SITE DEVELOPMENT PERMIT 2006-860
ST FRANCIS PARKING LOT
JUNE 15, 2010
12. The public street right-of-way offers for dedication required for this
development include:
A. PUBLIC STREETS
1) Washington Street (Augmented Major Arterial, 132'
ROW) — No additional right of way is required for the
standard 66 feet from the centerline of Washington
Street for a total 132-foot ultimate developed right of
way.
2) Frontage Road (Old Marshall Road) — No additional right
of way is required of this Site Development Permit.
13. The applicant shall offer for dedication those easements necessary for
the placement of, and access to, utility lines and structures, drainage
basins, mailbox clusters, park lands, and common areas.
14. No direct vehicular access to Washington Street is permitted for this
Site Development Permit. Access to Washington Street shall be via
those access points to the Frontage Road and as approved by the City
Engineer. No direct vehicular access to the Frontage Road except for
those access points identified on the Site Development Permit site
plan, or as otherwise conditioned in these conditions of approval.
15. The applicant shall furnish proof of easements, or written permission,
as appropriate, from those owners of all abutting properties on which
grading, retaining wall construction, permanent slopes, or other
encroachments will occur.
STREET AND TRAFFIC IMPROVEMENTS
16. The applicant shall comply with the provisions of LQMC Sections
13.24.060 (Street Improvements), 13.24.070 (Street Design -
Generally) & 13.24.100 (Access For Individual Properties And
Development) for public streets; and Section 13.24.080 (Street
Design - Private Streets), where private streets are proposed.
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17. Streets shall have vertical curbs or other approved curb configurations
that will convey water without ponding, and provide lateral
containment of dust and residue during street sweeping operations.
18. General access points and turning movements of traffic are limited to
the following:
Primary Entry/Existing Church Driveway (Frontage Road): Right turn
in and out are permitted. Left turns in and out are permitted.
Secondary Entry (Frontage Road): Right turn in and out and left turn
out are permitted. Left turn in is restricted.
19. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name
signs and sidewalks. Mid -block street lighting is not required.
20. Improvements shall be designed and constructed in accordance with
City adopted standards, supplemental drawings and specifications, or
as approved by the City Engineer. Improvement plans for streets,
access gates and parking areas shall be stamped and signed by
qualified engineers.
PARKING LOTS and ACCESS POINTS
21. The design of parking facilities shall conform to LQMC Chapter 9.150
and in particular the following:
A. The parking stall and aisle widths and the double hairpin stripe
parking stall design.
B. Cross slopes should be a maximum of 2% where ADA
accessibility is required including accessibility routes between
buildings.
C. Building access points shall be shown on the Precise Grading
Plans to better evaluate ADA accessibility issues.
D. Accessibility routes to public streets and adjacent development
shall be shown on the Precise Grading Plan.
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E. Parking stall lengths shall be according to LQMC Chapter 9.150
and be a minimum of 17 feet in length with a 2-foot overhang
for standard parking stalls and 18 feet with a 2-foot overhang
for handicapped parking stall or as approved by the City
Engineer. One van accessible handicapped parking stall is
required per 8 handicapped parking stalls.
F. Drive aisles between parking stalls shall be a minimum of 26
feet with access drive aisles to Public Streets a minimum of 30
feet as shown on the Site Development Plan site plan or as
approved by the City Engineer.
Entry drives, main interior circulation routes, corner cutbacks, bus
turnouts, dedicated turn lanes, ADA accessibility route to public
streets and other features shown on the approved construction plans,
may require additional street widths and other improvements as may
be determined by the City Engineer.
22. General access points and turning movements of traffic to on site
private streets are limited to the access locations approved for the Site
Development Permit site plan and these conditions of approval.
23. The applicant shall design street pavement sections using CalTrans'
design procedure for 20-year life pavement, and the site -specific data
for soil strength and anticipated traffic loading (including construction
traffic). Minimum structural sections shall be as follows:
Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b.
Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b.
Temporary Parking Lot 4.0" crushed aggregate gravel
or the approved equivalents of alternate materials.
24. The applicant shall submit current mix designs (less than two years old
at the time of construction) for base, asphalt concrete and Portland
cement concrete. The submittal shall include test results for all
specimens used in the mix design procedure. For mix designs over six
months old, the submittal shall include recent (less than six months
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old at the time of construction) aggregate gradation test results
confirming that design gradations can be achieved in current
production. The applicant shall not schedule construction operations
until mix designs are approved.
25. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name
signs and sidewalks.
26, Improvements shall be designed and constructed in accordance with
City adopted standards, supplemental drawings and specifications, or
as approved by the City Engineer. Improvement plans for streets,
access gates and parking areas shall be stamped and signed by
qualified engineers.
27. Applicant shall demonstrate compliance with the current edition of the
California Building Code, Chapter 11 B, regarding the provision of
accessible parking by submitting a comprehensive plan showing all
parking spaces on the site. Because the proposed parking lot adjoins
existing parking areas, all required accessible parking spaces may
occur in the existing parking areas. However, any existing accessible
space for which compliance credit is sought must comply with current
accessible space dimensions, layout, signage, and access. The
applicant's civil engineer is encouraged to prepare a preliminary
drawing and schedule a site visit with the Building & Safety
Department to establish the extent of remediation required to bring
existing accessible spaces into compliance.
28. Prior to approval of any grading permits, the Applicant shall submit to
the Planning and Public Works department a temporary parking plan to
identify the locations and scheduling for alternative parking locations
during grading and construction of the parking areas.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as
"engineer," "surveyor," and "architect,' refers to persons currently certified
or licensed to practice their respective professions in the State of California.
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29. Improvement plans shall be prepared by or under the direct supervision
of qualified engineers and/or architects, as appropriate, and shall
comply with the provisions of LQMC Section 1 3.24.040 (Improvement
Plans).
30. The following improvement plans shall be prepared and submitted for
review and approval by the Public Works Department. A separate set
of plans for each line item specified below shall be prepared. The
plans shall utilize the minimum scale specified, unless otherwise
authorized by the City Engineer in writing. Plans may be prepared at a
larger scale if additional detail or plan clarity is desired. Note, the
applicant may be required to prepare other improvement plans not
listed here pursuant to improvements required by other agencies and
utility purveyors.
A. On -Site Precise Grading Plan 1 " = 40'
Horizontal
B. PM 10 Plan 1 " = 40'
Horizontal
C. SWPPP 1 " = 40'
Horizontal
D. WQMP (Plan submitted in Report Form)
NOTE: A through D to be submitted concurrently.
E. Off -Site Street Improvement/Storm Drain Plan
1 " = 40' Horizontal, 1 " = 4' Vertical
F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal
The Off -Site street improvement plans shall have separate plan
sheet(s) (drawn at 20 scale) that show the meandering sidewalk,
mounding, and berming design in the combined parkway and
landscape setback area.
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CITY COUNCIL RESOLUTION 2010-
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G. On -Site Non -Residential/ Commercial Precise Grading Plan
1 " = 20' Horizontal
Other engineered improvement plans prepared for City approval that
are not listed above shall be prepared in formats approved by the City
Engineer prior to commencing plan preparation.
All Off -Site Plan & Profile Street Plans and Signing & Striping Plans
shall show all existing improvements for a distance of at least 200-
feet beyond the project limits, or a distance sufficient to show any
required design transitions.
"Rough Grading" plans shall normally include perimeter walls with Top
Of Wall & Top Of Footing elevations shown. All footings shall have a
minimum of 1-foot of cover, or sufficient cover to clear any adjacent
obstructions.
The applicant -shall prepare an accessibility assessment on a marked
up print of the building floor plan identifying every building egress and
notes the 2007 California Building Code accessibility requirements
associated with each door. The assessment must comply with
submittal requirements of the Building & Safety Department. A copy
of the reviewed assessment shall be submitted to the Engineering
Department in conjunction with the Site Development Plan when it is
submitted for plan checking.
In addition to the normal set of improvement plans, a "Site
Development" plan is required to be submitted for approval by the
Building Official, Planning Director and the City Engineer.
"Site Development" plans shall normally include all on -site surface
improvements including but not necessarily limited to finish grades for
curbs & gutters, building floor elevations, parking lot improvements
and ADA requirements.
31. The City maintains standard plans, detail sheets and/or construction
notes for elements of construction which can be accessed via the
"Plans, Notes and Design Guidance" section of the Public Works
Department at the City website (www.la-quinta.org). Please navigate
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to the Public Works Department home page and look for the Standard
Drawings hyperlink.
32. The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer.
33. Upon completion of construction, and prior to final acceptance of the
improvements by the City, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were
approved by the City. Each sheet shall be clearly marked "Record
Drawing" and shall be stamped and signed by the engineer or surveyor
certifying to the accuracy and completeness of the drawings. The
applicant shall have all approved mylars previously submitted to the
City, revised to reflect the as -built conditions. The applicant shall
employ or retain the Engineer Of Record during the construction phase
of the project so that the FOR can make site visits in support of
preparing "Record Drawing". However, if subsequent approved
revisions have been approved by the City Engineer and reflect said
"Record Drawing" conditions, the Engineer Of Record may submit a
letter attesting to said fact to the City Engineer in lieu of mylar
submittal.
PRECISE GRADING
34. The applicant shall comply with the provisions of LQMC Section
13.24.050 (Grading Improvements).
35. Prior to occupancy of the project site for any construction, or other
purposes, the applicant shall obtain a grading permit approved by the
City Engineer.
36. To obtain an approved grading permit, the applicant shall submit and
obtain approval of all of the following:
A. A grading plan prepared by a qualified engineer,
B. A preliminary geotechnical ("soils") report prepared by a
qualified engineer,
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C. A Fugitive Dust Control Plan prepared in accordance with LQMC
Chapter 6.16, (Fugitive Dust Control), and
D. A Best Management Practices report prepared in accordance
with LQMC Sections 8.70.010 and 13.24.170 (NPDES
stormwater discharge permit and Storm Management and
Discharge Controls)•
All grading shall conform to the recommendations contained in the
Preliminary Soils Report, and shall be certified as being adequate by a
soils engineer, or by an engineering geologist.
The applicant shall furnish security, in a form acceptable to the City,
and in an amount sufficient to guarantee compliance with the
approved Fugitive Dust Control Plan provisions as submitted with its
application for a grading permit. Additionally, the applicant shall
replenish said security if expended by the City of La Quinta to comply
with the Plan as required by the City Engineer.
37. The applicant shall maintain all open graded, undeveloped land in order
to prevent wind and/or water erosion of such land. All open graded,
undeveloped land shall either be planted with interim landscaping, or
stabilized with such other erosion control measures, as were approved
in the Fugitive Dust Control Plan.
38. Grading within the perimeter setback and parkway areas shall have
undulating terrain and shall conform with the requirements of LQMC
Section 9.60.240(F) except as otherwise modified by this condition
requirement. The maximum slope shall not exceed 3:1 anywhere in
the landscape setback area, except for the backslope (i.e. the slope at
the back of the landscape lot) which shall not exceed 2:1 if fully
planted with ground cover. The maximum slope in the first six (6) feet
adjacent to the curb shall not exceed 4:1 when the nearest edge of
sidewalk is within six feet W) of the curb, otherwise the maximum
slope within the right of way shall not exceed 3:1. All unpaved
parkway areas adjacent to the curb shall be depressed one and one-
half inches (1 .5") in the first eighteen inches (18") behind the curb.
39. Prior to any site grading or regrading that will raise or lower any
portion of the site by more than plus or minus five tenths of a foot
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(0.5') from the elevations shown on the approved Site Development
Permit, the applicant shall submit the proposed grading changes to the
City Staff for a substantial conformance finding review.
40. The applicant shall provide a 4-inch thick crushed aggregate gravel
surface over the proposed temporary parking lot or as approved by the
City Engineer. Said surface shall conform to requirements for traffic
and fugitive dust stabilization.
DRAINAGE
41. Stormwater handling shall conform with the approved hydrology and
drainage report for (the "St. Francis of Assisi Preliminary Hydrology"
for this Site Development Permit prepared by Watson Engineering
dated December 9, 2009 and as approved by the City Engineer.
Nuisance water shall be disposed of in an approved manner.
42. The applicant shall comply with the provisions of LQMC Section
13.24,120 (Drainage), Retention Basin Design Criteria, Engineering
Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic
Report Criteria for Storm Drain Systems and Engineering Bulletin No.
06-015 - Underground Retention Basin Design Requirements. More
specifically, stormwater falling on site during the 100 year storm shall
be retained within the development, unless otherwise approved by the
City Engineer. The design storm shall be either the 1 hour, 3 hour, 6
hour or 24 hour event producing the greatest total run off.
43. Nuisance water shall be retained on site. Nuisance water shall be
disposed of per approved methods contained in Engineering Bulletin
No. 06-16 — Hydrology Report with Preliminary Hydraulic Report
Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 -
Underground Retention Basin Design Requirements.
44. In design of retention facilities, the maximum percolation rate shall be
two inches per hour. The percolation rate will be considered to be
zero unless the applicant provides site specific data indicating
otherwise and as approved by the City Engineer.
45. The project shall be designed to accommodate purging and blowoff
water (through underground piping and/or retention facilities) from any
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on -site or adjacent well sites granted or dedicated to the local water
utility authority as a requirement for development of this property.
46. No fence or wall shall be constructed around any retention basin
unless approved by the Planning Director and the City Engineer.
47. For on -site above ground common retention basins, retention depth
shall be according to Engineering Bulletin No. 06-16 — Hydrology
Report with Preliminary Hydraulic Report Criteria for Storm Drain
Systems. Side slopes shall not exceed 3:1 and shall be planted with
maintenance free ground cover. Additionally, retention basin widths
shall be not less than 20 feet at the bottom of the basin.
48. Stormwater may not be retained in landscaped parkways or
landscaped setback lots. Only incidental storm water (precipitation
which directly falls onto the setback) will be permitted to be retained
in the landscape setback areas. The perimeter setback and parkway
areas in the street right-of-way shall be shaped with berms and
mounds, pursuant to LQMC Section 9.100.040(B)(7).
49. The design of the development shall not cause any increase in flood
boundaries and levels in any area outside the development.
50. The development shall be graded to permit storm flow in excess of
retention capacity to flow out of the development through a
designated overflow and into the historic drainage relief route.
51. Storm drainage historically received from adjoining property shall be
received and retained or passed through into the historic downstream
drainage relief route.
52. The applicant shall comply with applicable provisions for post
construction runoff per the City's NPDES stormwater discharge permit,
LQMC Sections 8.70.010 et seq. (Stormwater Management and
Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside
County Ordinance No. 457; and the California Regional Water Quality
Control Board — Colorado River Basin (CRWQCB-CRB) Region Board
Order No. R7-2008-001.
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A. For post -construction urban runoff from New Development and
Redevelopments Projects, the applicant shall implement
requirements of the NPDES permit for the design, construction
and perpetual operation and maintenance of BMPs per the
approved Water Quality Management Plan (WQMP) for the
project as required by the California Regional Water Quality
Control Board — Colorado River Basin (CRWQCB-CRB) Region
Board Order No. 137-2008-001.
B. The applicant shall implement the WQMP Design Standards per
(CRWQCB-CRB) Region Board Order No. R7-2008-001 utilizing
BMPs approved by the City Engineer. A project specific WQMP
shall be provided which incorporates Site Design and Treatment
BMPs utilizing first flush infiltration as a preferred method of
NPDES Permit Compliance for Whitewater River receiving water,
as applicable.
I ITII ITIFS
53. The applicant shall obtain the approval of the City Engineer for the
location of all utility lines within any right-of-way, and all above-
ground utility structures including, but not limited to, traffic signal
cabinets, electric vaults, water valves, and telephone stands, to
ensure optimum placement for practical and aesthetic purposes.
54. Underground utilities shall be installed prior to overlying hardscape.
For installation of utilities in existing improved streets, the applicant
shall comply with trench restoration requirements maintained, or
required by the City Engineer.
55. The applicant shall provide certified reports of all utility trench
compaction for approval by the City Engineer. Additionally, grease
traps and the maintenance thereof shall be located as to not conflict
with access aisles/entrances.
LANDSCAPE AND IRRIGATION
56. The applicant shall comply with LQMC Sections 13.24.130
(Landscaping Setbacks) & 13.24.140 (Landscaping Plans).
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57. The applicant shall provide landscaping in the required setbacks,
retention basins, common lots and park areas.
58. Landscape .and irrigation plans for landscaped lots and setbacks,
medians, retention basins, and parks shall be signed and stamped by a
licensed landscape architect.
59. The applicant shall submit the landscape plans for approval by the
Planning Department and green sheet sign off by the Public Works
Department. When plan checking has been completed by the Planning
Department, the applicant shall obtain the signatures of CVWD and
the Riverside County Agricultural Commissioner, prior to submittal for
signature by the Planning Director, however landscape plans for
landscaped median on public streets shall be approved by the both
the Planning Director and the City Engineer. Where City Engineer
approval is not required, the applicant shall submit for a green sheet
approval by the Public Works Department.
Final landscape plans for on -site planting shall be reviewed and
approved by the Planning Director. Said review and approval shall
occur prior to issuance of first building permit unless the Planning
Director determines extenuating circumstances exist which justify an
alternative processing schedule. Final plans shall include all
landscaping associated with this project. Irrigation design and water
use shall comply with the efficiency requirements of Chapter 8.13 of
the Municipal Code.
NOTE: Plans are not approved for construction until signed by both the
Planning Director and/or the City Engineer.
60. Landscape areas shall have permanent irrigation improvements
meeting the requirements of the Planning Director. Use of lawn areas
shall be minimized with no lawn, or spray irrigation, being placed
within 24 inches of curbs along public streets.
61. The applicant or his agent has the responsibility for proper sight
distance requirements per guidelines in the AASHTO "A Policy on
Geometric Design of Highways and Streets, 5t' Edition" or latest, in
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the design and/or installation of all landscaping and appurtenances
abutting and within the private and public street right-of-way.
62. The applicant shall revise the plans to identify that all trees have a
minimum 2.5 inch caliper trunk size. Staff shall work with the
applicant to select and install shrubs of an appropriate size.
63. The applicant shall work with Planning and Public Works staff to
reduce the square footage of turf within the retention basin.
64. The applicant shall include in the final landscaping plans a minimum of
six (6) hybrid Washingtonia Filifera palm trees to be planted along the
Washington Street frontage.
65. The applicant shall work with staff to replace some shrubbery with
native Coachella Valley species.
FEES AND DEPOSITS
66. The applicant shall comply with the provisions of LQMC Section
13.24.180 (Fees and Deposits). These fees include all deposits and
fees required by the City for plan checking and construction inspection.
Deposits and fee amounts shall be those in effect when the applicant
makes application for plan check and permits.
67. Permits issued under this approval shall be subject to the provisions of
the Infrastructure Fee Program and Development Impact Fee program
in effect at the time of issuance of building permit(s).
68. Permits issued under this approval shall be subject to the Coachella
Valley Multi -Species Habitat Conservation Plan/Natural Community
Habitat Conservation Plan Mitigation Fee, in accordance with LQMC
Chapter 3.34.
ARCHAEOLOGICAL MONITORING
69. The site shall be monitored during on- and off -site trenching and rough
grading by qualified archaeological monitors, one of which shall be a
Native American tribal member. The monitor shall be empowered to
stop and redirect earth moving activities as necessary to identify and
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study any identified resource. A signed contract for archaeological
monitoring shall be submitted to both Planning and Public Works
Departments prior to issuance of any grading permits. The final report
of monitoring activities shall be submitted to the Planning Department
prior to the issuance of a Certificate of Occupancy and/or final
landscaping approval.
70. Collected archaeological resources shall be properly packaged for long
term curation, in polyethylene self -seal bags, vials, or film cans as
appropriate, all within acid -free, standard size, comprehensively
labeled archive boxes and delivered to the City prior to issuance of
Certificate of Occupancy for the property.
Materials shall be accompanied by descriptive catalogue, field notes
and records, primary research data, and the original graphics.
528
Attachment I
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ATTACHMENT 2
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LA QUINTA
AND
THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, A CORPORATION SOLE, ON BEHALF OF
ST. FRANCIS OF ASSiSI CATHOLIC CHURCH (DIOCESE)
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered this 7
day of May, 2010, by and between the City of La Quinta, a California municipal corporation and
charter city ("City") and the Roman Catholic Bishop of San Bernardino ("Diocese"). City and
Diocese may sometimes be referred to collectively herein as the "Parties" or individually as a
"Party."
RECITALS
A. Diocese is the owner of that certain real property generally located at 47-225
Washington Street in La Quinta, California, more particularly and legally described in Exhibit A
attached hereto and incorporated herein by this reference (the "Property").
B. The Property houses St. Francis of Assisi Roman Catholic Church and is
developed for use as a church and associated parking under a conditional use permit issued by
the City` The geography of the Property is terraced with an upper and lower pad. The upper
pad contains the existing sanctuary, a rectory, and a paved parking area; the lower pad is
utilized as an unpaved parking area pursuant to a temporary use permit issued by City.
C. Diocese plans to improve the parking facilities on the Property by re -grading the
lower pad to raise the grade and constructing a new parking lot, including on -site retention
basins, and other improvements as may be imposed by the City as part of the conditions of
approval by Diocese's Site Development Permit (collectively, all such work, approvals and
conditions imposed on such approvals shall be termed the "Diocese Project"). This project is
anticipated to be completed in phases.
D. City is separately planning a capital improvement project (the "City CIP") that if
approved will include construction of additional retention basins in the City right-of-way
northerly of the Property, including a retention basin adjacent to the Property on Washington
Street, and replacement of an existing wall near the Washington Street/Highland Palm Drive
intersection. The City CIP may also demolish the existing frontage road and relocate utilities in
the City right-of-way that are necessary in order to accommodate the future retention basins.
The City CIP is anticipated to be completed in phases.
E. The Parties desire to coordinate their respective projects for Diocese's parking
lot improvements and City's public storm water retention basins near the Property to avoid
duplication of efforts. City is willing to integrate the southerly retention basin adjacent to
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Washington Street proposed for the Diocese Project into (as identified on Exhibit B attached
hereto and incorporated herein by this reference) into the City CIP. Accordingly, the Parties
desire to coordinate the design and construction of their respective projects to ensure that the
retention basin mentioned in the previous sentence (hereinafter referred to as the "shared
retention basin") installed as part of the Diocese Project may also be used as part of and
effectively integrated into the overall design for the City CIP.
P. Because the Diocese Project will proceed before the City CIP, City desires to have
Diocese develop the design for and install the shared retention basin. In exchange, City will
reimburse Diocese for City's fair share of the design fee and construction costs for the shared
retention basin.
G. In addition, City and Diocese would like to allocate the ongoing maintenance
responsibility for shared retention basin.
H. City and Diocese desire to enter into this MOU to memorialize their
understanding with respect to the subject matter contained herein and to set forth the terms of
their respective obligations.
I. Diocese acknowledges that, in entering this MOU, City is acting in its proprietary
capacity. This MOU does not grant approval or constitute pre -commitment to approve the
Diocese Project. City cannot grant formal approval for the Diocese Project, or any portion
thereof, until after all legally required procedures are following. -
UNDERSTANDING
NOW, THEREFORE, in consideration of the mutual promises, obligations and covenants
set forth herein, and for other good and valuable consideration the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and
are hereby incorporated herein by this reference and expressly made a part of this MOU.
Section 2. Design of the Shared Retention Basin. The shared retention basin shall
be designed by the Diocese's design team, subject to the City's approval as provided in this
MOU. The design team shall prepare and deliver to City for its review and approval all of the
following: (1) one set of construction drawings for the shared retention basin only, (2) technical
specifications for the shared retention basin, (3) two cost estimates (as more specifically
described in Section 4) for the retention basin — (a) a cost estimate reflecting the estimated cost
to construct the landscaped retention basin to handle only the storm flow generated by the
Diocese Project and (b) a cost estimate reflecting the estimated cost to construct the
landscaped retention basin to handle the additional storm flow requested by City and (4) any
other information that the City reasonably requests. Once City approves the construction
drawings, technical specifications, cost estimates and. receives any additional .information
requested, Diocese shall prepare final construction plans and technical specifications. for the
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shared retention basin that conform in all respects to the City's approval. The Diocese shall
obtain at least three (3) construction bids and shall award the construction contract for the
shared retention basin to the lowest responsible bidder; provided, however, that prior to
awarding the contract the City shall approve the Diocese's selection.
Section 3. Payment by City of Fair Share Costs.
3.1 Payment. City shall reimburse Diocese for cWs fair share of the design
fee and the construction costs associated with the shared retention basis in accordance with
the cost sharing formula described in Section 4 of this MOU. City shall pay to Diocese its share
of the design fee within thirty (30) days of receipt from Diocese of the completed and approved
final plans, specifications and cost estimates. City shall deposit its share of the construction
costs into an escrow account within fourteen (14) days of the date that Diocese awards the
construction contract. With respect to construction costs, City shall instruct the escrow holder
to release funds to reimburse Diocese monthly for City's share of the construction costs as
construction progresses, provided that Diocese provides City with appropriate documentation
indicating that costs have actually been incurred and are owing. The parties agree that City
shall holdback a contingency of 10% of the monthly requested amount until payment of the
final installment of the City's share of the construction costs. Neither the final payment of the
Citys share of the construction costs nor release of accumulated contingencies shall be made
until executed lien releases satisfactory to the City are provided.
3.2 Obligation to Pay. City shall have no obligation to pay to Diocese any
portion of the costs for the design and construction of the shared retention basin unless and
until Diocese has applied for and received all necessary land use entitlements and building
permits for the Diocese Project.
Section 4. Cost Sharing Formula. The Parties agree to share the costs associated
with the design and construction of the shared retention basin In accordance with the formula
set forth in this Section 4. The proposed cost sharing formula is intended to allocate the fair
share to each Party for the design and construction of the shared retention basin. The
calculated percentage will be applied to both the design fee and the final construction bid.
City's cost share percentage shall be one (1) minus the ratio of the two construction cost
estimate totals, as more fully described below. City unit prices shall be used in the preparation
of both cost estimates. In no event shall the City's obligation to pay its fair share of the shared
basin's construction cost exceed the bid amount awarded by the Diocese unless the City
approves in writing change orders that increase the original bid amount.
The first cost estimate shall estimate a landscaped retention basin designed solely to
accommodate the storm water associated with the Diocese Project, including the standard ten
percent (10%) construction contingency, ten percent (10%) for construction administration, and
ten percent (10%) for design contingency. The second. Lost estimate shall estimate a
landscaped retention basin designed with sufficient capacity to accommodate both the storm
water associated with the Diocese Project and storm water from the City CAP, again including
247810156200 2-
1074152.o1305/11/10
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the standard ten percent (10%) construction contingency, ten percent (10%) for construction
administration, and ten percent (10%) for design contingency.
Thus; the City's contribution percentage will be calculated as follows:
1 Total Construction Cost torthe Retention uasm tuwcese wd1ul yogi
Total Construction Cost for the Retention Basin (Diocese plus City Water)
Section 5. ' Maintenance of Landscaped Retention Basin.
5.1 City's responsibility. Upon completion of the shared retention basin, City
shall maintain the dry wells within the subject retention basin and in the City right-of-way, in
perpetuity. Asa condition precedent to the City's obligation in the previous sentence, and in
order to facilitate this maintenance, Diocese, on behalf of Itself and on behalf of its successors
and assigns, shall grant to City a right of entry for City staff and/or agents to perform dry well
maintenance on the dry well within the subject retention basin; this right of entry shall be
memorialized in a written agreement that is entered and recorded in Riverside County official
records promptly after completion of the construction. Notwithstanding any other provision in
this MOU, City's obligation to maintain said dry wells shall not commence until Diocese has
completed construction of the shared retention basin and the City Council has approved and
accepted the completed shared retention basin.
5.2 Diocese responsibility. Upon completion of the shared retention basin,
Diocese shall maintain, In perpetuity, the subject retention basin and the retention basin
landscaping.
section 6. Separation of Church and State. City and Diocese hereby acknowledge
that City is entering into this MOU solely in its proprietary capacity. Nothing contained in this
MOU shall be construed as an attempt by City to promote, show preference for, advance, or
otherwise become unlawfully entangled with religion. In the event City issues the necessary
permits to allow the construction of the Project, City. shall coordinate the design and
construction of the City CIP, and Diocese shall coordinate the design and construction of the
Diocese Project. The Parties shall strictly observe the provisions of the Federal and California
Constitutions requiring separation of church and .state. No public monies shall be used to
construct, design, or otherwise subsidize the. Diocese Project. Notwithstanding the foregoing,
public funds may (and shall) be used to pay only for the cost attributable to designing and
constructing the shared retention basin with a capacity to handle the additional storm water
associated with the City CIP design.
Section 7. Further Actions; Operating Memoranda.
7.1 Further Actions. Each Party hereto agrees to take such actions, and to
execute such certificates and other instruments, as may be necessary or appropriate to give
effect to and carry out the provisions of this MOU. Without limiting the foregoing, Diocese
shall cooperate with City and furnish such information as may be reasonably requested by City
247910156104=2
1074152.01 a05/11/10 - 4
533
to facilitate the processing of any permit necessary to construct the Diocese Project, including
the shared retention basin.
7.2 Operating Memoranda. The provisions of this MOU require a close degree of
cooperation between the parties. The parties therefore believe that minor clarification to this
MOU may be appropriate from time to time with respect to the details of performance of the
parties. When and if the parties find it appropriate to make changes, adjustments or
clarifications to matters, items or provisions not enumerated above, the parties may, but are
not required to, effectuate such changes, adjustments or clarifications through operating
memoranda (the "Operating Memoranda") approved by the parties in writing which reference
this Section 7.2. Operating Memoranda are not intended to constitute an amendment to this
MOU but mere ministerial clarifications; therefore public notices and hearings shall not be
required. The City Manager shall be authorized, in his or her sole discretion, to determine
whether a requested clarification may be effectuated pursuant to this Section or whether the
requested clarification is of such character to constitute an amendment to this Agreement
which requires compliance with the provisions of Section 9 of this MOU.
Section 8. Integration. This MOU, and any other documents incorporated herein by
specific reference, represent the entire and integrated agreement between Diocese and City
with respect to the subject matter hereof. This MOU supersedes all prior negotiations,
representations or agreements, whether oral or written.
Section 9. Amendment. This MOU may not be amended, modified, or expanded
except by a written instrument signed by each of the Parties hereto.
Section 10. Discretionary Approval Required. The Parties expressly acknowledge that
the Diocese Project must be reviewed by City in its governmental capacity. Nothing contained
in this MOU shall be construed to mean that City is agreeing or has agreed to exercise its
discretionary authority in support of any approvals or entitlements that may be required to
construct the Diocese Project.
Section 11. Mutual Indemnification.
11.1 Each Party shall indemnify, hold harmless and defend the other Party,
and any of Its officials, officers, employees or agents, from any and all claims, liabilities,
obligations and causes of action of whatsoever kind or nature for injury to, or death of, any
person (including officials, officers, parishioners, invitees, employees and agents of Diocese),
and for injury or damage to or destruction of property (including property of either Party),
resulting from any and all negligent actions or willful misconduct of the indemnifying Party or
any of its officials, officers, employees, agents, consultants, and licensees in th4 performance of
its duties or obligations under this MOU.
11.2. In the event of any legal action instituted by a third party or other
governmental entity or official challenging the validity of any provision of this MOU, Diocese
and City shall cooperate in defending any such action. Each Party shall notify the other Party of
2479/01% M002
1074151M a05/W10
5-
.534
any such legal action within ten (10) working days after receipt of service of process, except for
any petition for injunctive relief, in which case each Party shall notify the other Party
Immediately upon receipt.
Section 12. Assignment. The Diocese shall not assign its interest in this MOU, or any
portion hereof, without the prior written consent of the City, which consent may be granted or
withheld in the City's sole discretion. Any purported attempt to make such an assignment
without the prior consent of the other Party shall be null and void and of no effect.
Section 13. Interpretation. This MOU is deemed to have been prepared by all of the
Parties hereto, after consulting with legal counsel, and any uncertainty or ambiguity herein
shall not be interpreted against the drafter, but rather, if such ambiguity or uncertainty exists,
shall be interpreted according to the applicable rules of interpretation of contracts under the
law of the State of California.
Section 14. Authority. The persons signing this MOU warrant that each of them has
the authority to execute this MOU on behalf of the party on whose behalf said person is
purporting to execute this MOU, and that this MOU is a binding obligation of said Parties.
Section 15. Governing Law. This MOU shall be construed and enforced in accordance
with the laws of the State of California.
Section 16. Notices Any notice required or authorized to be given by this MOU shall,
unless otherwise specified herein, be in writing, shall be served on the receiving party either by
personal delivery, deposit in the United States mail with first-class postage prepaid, or by
facsimile and shall be addressed to the receiving patty's specified contact person and address
listed below, unless written notice is provided of a change of address as to either party. For the
purposes of this MOU, notices delivered in person shall be deemed communicated as of the
date of actual receipt; notices sent via regular mail shall be deemed communicated as of three
(3) days after deposit thereof in the United States mail, addressed as shown on the addressee's
registry or certificate of receipt; notices sent via facsimile shall be deemed communicated as of
the time stamp provided on transmittal confirmation (unless transmittal confirmation identifies
a time after 5:00 p.m., in which case such will be deemed communicated on 9:00 a.m. the next
business day).
All notices served pursuant to this MOU shall be addressed as follows:
If to City: City of La Quinta
78 495 Calle Tampico
La Quinta; California 92553
Attn: City Manager
Facsimile: (760) 777-7101
with a copy to. M. Katherine Jenson, City Attorney.
Rutan & Tucker, LLP
2479/015610-0002 -
1074152.o1a06/W10 - '6,-
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
Facsimile: (714) 546-9035
If to Diocese: Diocese of San Bernardino
1201 E. Highland Avenue
San Bernardino, California 92404
Attn: Most Reverend Gerald R. Barnes
Either City or Diocese may change its mailing address at any time by giving written notice of
such change to the other party in the manner provided herein at least ten (10) days prior to the
date such change is affected.
Section 17. Attorneys Fees. In the event of a dispute between the Parties hereto or
their representatives or assigns relating to this MOU, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs incurred in connection therewith.
Section 18. Severability. In the event that any provisions of this MOU shall be held by
a court of competent jurisdiction to be invalid or unenforceable, the same shall not affect, in
any respect whatsoever, the validity of the remainder of this MOU.
Section 19. Waiver. No waiver or consent shall be implied from silence or any failure
of a Parry to act, except as otherwise specified by this MOU. Either Party may specifically and
expressly waive, in writing, any portion of this MOU or any breach hereof, but no such waiver
shall constitute a further or continuing waiver of any proceeding or succeeding breach of the
same or any other provision.
Section 20. Counterparts. This MOU may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which when taken together,
stall constitute one and the same instrument. The signature page of any counterpart may be
detached therefrom without impairing the legal affect of the signature(s) thereon, provided
such signature page is attached to any other counterpart identical thereto, except having
additional signature pages executed by other parties to this MOU attached hereto.
Section 21. Prevailing Wage. Diocese shall be solely responsible for determining and
effectuating compliance with prevailing wage laws, and City makes no representation as to the
applicability or non -applicability of any of such laws to the development and construction of the
shared retention basin or Diocese Project or any part thereof. Diocese j ereby expressly
acknowledges and agrees that the City has not previously affirmatively represented to Diocese,
in writing or otherwise, in a call for bids or otherwise, that the development or construction of
the shared retention basin or the Diocese Project is not a "public work;' as defined in Section
1720 of the Labor Code.
— SIGNATURES BEGIN ON NEXT PAGE
24791015510-0002 1074152.01 a03/01/10 - 7_
536
IN WITNESS WHEREOF, Diocese and City have executed this MOU as of the date first set
forth above.
CITY OF LA QUINTA
By:
Thomas P. Genovese, City Manager
ATTEST:
By;
Veronica Montecino, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LUR
By:
M. Katherine Jenson, City Attorney
THE ROMAN CATHOLIC BISHOP OF SAN
BERNARDINO, A CORPORATION SOLE ON BEHALF
OF ST. FRANCIS OF ASSISI CATHOLIC CHURCH
By-. A'z
Most Reverend Gerold R. Barnes, Bishop
247910155100002 -
. 1074152M 805 UAO
""'P 537
F
,q.tIC Y_
THAT PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE
7 EAST,-SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT. THB NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP 15772 AS SHOWN. ON
MAP ON FILE IN BOOA79 OF PARCEL MAPS, PAGES 58 AND 591 RECORDS OF RIVERSIDE
. - COUNTY, CA, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE N 89031'01" E. ALONG THE NORTH LINE OF'SAID PARCEL 1, A DISTANCE OF 1281.02
FT. TO A POINT OF CUSP WHOSE RADIAL BBARING IS N 88"21123-1 W;
THENCE SOUTH ALONG SAID CURVE. WHOSE RADIUS IS 14545 FT, THROUGH A CENTRAL OF
01.58,100 A DISTANCE OF 499.95 FT.;
THENCE S 01038'37" WADISTANCE OF 4.63 FT. TO THE SOUTHEAST CORNEA OF SAID
PARCEL-1;
THENCE CONTINUING.a 01-181374 W A. DISTANCE OF 395.53 FT. TO THE BEGINNING OF A
TANGENT CURVE;
THENCE SOUTH ALONG SAID CURVE.WHOSE RADIUS IS 14655 FT. -THROUGH A CENTRAL ANGLE
OF 01"25'H" AN ARC LENGTH OF 363.15 FT.;
THENCE S 89431'014 W PARALLEL WITH THE NORTH LINE OF SAID PARCEL 1 A DISTANCE OF
929.45 FT.;
THENCE -N-15.419'06" W A DISTANCE OF 217.66 FT. TO THE BEGINNING OF A TANGENT
CURVE;
THENCE NORTHERLY ALONG SAID CURVE CONCAVE TO THE EAST WHOSE RADIUS IS 50.00 FT.
THROUGH A CENTRAL ANGLE OF 59"37'06' AN ARC LENGTH OF 52.03 FT.;
THENCE N 44058.25" E A DISTANCE OF 230.38 FT. TO THE BEGINNING OF A TANGENT
CURVE;
THENCE NORTHERLY ALONG SAID CURVE CONCAVE TO THE SOUTH WHOSE RADIUS IS 50.00 FT.
-THROUGH A CENTRAL ANGLE OF 34026'39" AN ARC LENGTH OF 30.06 FT.;
THENCE N79"25'04" E A DISTANCE OF 94.53 FT.. TO THE BEGINNING OF A TANGENT CURVE;
THENCE NORTHERLY ALONG SAID CURVE CONCAVE TO TH-R NORTHWEST WHOSE RADIUS IS 50.100
FT. THROUGH A -CENTRAL ANGLE OF 70"29'30" AN ARC LENGTH OF 61.52 FT. TO A POINT OF
REVERSE CURVE;
THENCE NORTHERLY ALONG SAID CURVE. CONCAVE TO THE SOUTHEAST WHOSE RADIUS IS
100.00 FT. THROUGH A CENTRAL ANGLE OF 60"50'57' AN ARC LENGTH OF 106.20 FT.;
THENCE N 69"46'.31" E A DISTANCE OF 140.17FT. ;
THENCE N 23926'24" E A DISTANCE OF 91.81FT. TO A POINT ON THE SOUTH LINE OF SAID
PARCEL l;
THENCE S 89031'01" W ALONG THE SAID SOUTH LINE A DISTANCE OF 819.52 FT. TO THE
SOUTHWEST CORNER OF SAID PARCEL 1;
THENCE N 00016'34" W A DISTANCE OF-504.47 FT. TO THE TRUE POINT OF BEGINNING.
SAID LEGAL DESCRIPTION IS PURSUANT TO LOT LINE ADJUSTMENT N0. 98-295.
539
EXHIBIT B
MAP DEPICTING SOUTHERLY RETENTION BASIN
[TO BE ADDED]
i
540
M
�/ /V�
5Y 7,
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541
ATTACHMENT 3
CONCEPTUAL GRADING, LIGHTING,
LANDSCAPING, AND VIEW STUDY
PLAN SET
(Distributed to Council Only)
(Available for Review in the
City Clerk or
Planning Departments)
�... 542
ATTACHMENT 4
MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
May 25, 2010 7:04 P.M.
CALL TO ORDER
A. A regular meeting of the La Quinta Planning Commission was called to
order at 7:04 p.m. by Chairman Alderson.
PRESENT: Commissioners Barrows, Quill, Weber, Wilkinson, and
Chairman Alderson.
ABSENT: None
STAFF PRESENT: Planning Director Les Johnson, Planning Manager
David Sawyer, Principal Engineer Ed Wimmer,
Principal Planner Andrew Mogensen, and Executive
Secretary Carolyn Walker.
IL PUBLIC COMMENT: None
III. CONFIRMATION OF THE AGENDA: Confirmed
IV. CONSENT CALENDAR:
There being no comments, or suggestions, it was moved by Commissioners
Barrows/Weber to approve the minutes of April 27, 2010 as submitted.
Unanimously approved.
V. PUBLIC HEARINGS:
A. Environmental Assessment 2006-564, Conditional Use Permit 2006-
097 and Site Development Permit 2006-860; a request by Prest-
Vuksic Architects for consideration of development plans for a
proposed church parking lot located on the west side of Washington
Street, between Avenues 47 and 48.
Principal Planner Andrew Mogensen presented the staff report, a copy
of which is on file in the Planning Department.
N
543
Planning Commission Minutes
May 25, 2010
Chairman Alderson asked if there were any questions of staff.
Commissioner Weber asked about the retention basin and the City's
role in its maintenance. Staff gave an explanation of stormwater in
the area and the need for the basin.
Principal Engineer Wimmer explained this was a cooperative project
between the City and the church. The basin was sized to handle a
portion of the runoff water from the church and the nearby
neighborhood. The maintenance of the basin itself will be taken over
by the Diocese and the dry wells will be maintained by the City.
Commissioner Weber provided general review comments on the
number of parking spaces. Staff explained the parking ratio formula.
Commissioner Weber provided general review comments about the
variety of lighting fixtures, types of bulbs and color indexes. Staff
explained the information in the report, and said lighting specialist
Ralph Raya was available to provide more detailed information.
Commissioner Weber mentioned his concerns about grading the
mountain area, blow sand, and the differences in elevations. Staff
referenced an aerial photo and then pointed out the mountain in
relation to the parking lot(s), with the explanation there would be a 6
to 8 foot elevation difference between the new and old parking lots.
Commissioner Barrows also had concerns about blow sand generated
from the west of this site. Staff said there was a potential of blow
sand and explained what circumstances could cause that.
Commissioner Barrows had several concerns about turf, including; 1)
the turf at the bottom of the retention basin, 2) maintenance, and 3)
the actual need for turf. She gave the example of the City's retention
basin on Avenue 52 which was not lined with turf. She was
concerned about consistency, and maintenance issues, in allowing turf
in retention basins.
Principal Engineer Ed Wimmer explained that maintenance had more to
do with the functionality of the dry well. He explained that turf acts as
a bioswale and avoids clogging of chambers; thereby causing
expensive repairs. He did explain that the bottom need not be all turf.
z- 544
Planning Commission Minutes
May 25, 2010
Commissioner Barrows commented on the Architecture and
Landscaping Review Commission (ALRC) Condition no. 69. Staff
explained the Committee Members were concerned about
maintenance and the possibility of the groundcover being trampled.
Commissioner Wilkinson provided general review comments on sod
issues; especially a compromise of sod allowed in the bottom of the
retention basin. Staff said when the final dry well designs, and
landscaping plans, are submitted they will determine what is needed
to perform the bioswale function.
Chairman Alderson provided general review comments on the
archaeological monitoring; especially the cost. Staff explained how it
would be handled and said the charges would be borne by the
applicant.
There being no further questions of staff, Chairman Alderson asked if
the applicant would like to speak.
Mr. John Vuksic, Prest-Vuksic Architects, 44-530 San Pablo Avenue,
Palm Desert - introduced himself and asked for clarification on
Condition no. 18 — page 59, third paragraph which references the
Secondary Entrance. It mentioned left turn in and right turn out are
restricted, and he asked why there was a restriction on right turns.
He explained they want to be able to turn right and head south on the
Frontage Road back onto Washington and asked for correction of that
condition.
He then referenced condition no. 69, page 70, which referred to
removal of the landscaping. He explained the orientation of the parking
lot and the reasons why they would like to leave the planters as
designed.
Commissioner Wilkinson asked about 1) the possibility of pass-thru
locations, or decomposed granite (dg), in the planters; and 2)
rehabilitation of the Type R lamps. Mr. Vuksic said they had no
objections to re -finishing the lamps and adding decomposed granite in
the planters, if those conditions were added.
Commissioner Barrows asked if trees were included in the planters.
Mr. Vuksic said yes.
-3-
Planning Commission Minutes
May 25, 2010
Commissioner Barrows asked for clarification of the ALRC condition
requesting more turf since the applicant would later replace it with
desertscape. Mr. Vuksic said they would prefer not to add the turf as
they would be replacing it later.
Commissioner Barrows asked for more information on the proposed
lighting; including energy efficiency and color. Mr. Vuksic said Mr.
Raya could address her concerns.
Mr. Ralph Raya, MRC Engineering, 72-880 Fred Waring Drive, Suite C-
11, Palm Desert — explained the three types of lighting and their uses.
He commented that the lamps would be different than those
commonly used in parking lots. He further explained the shielding and
effects on nearby areas and the fact that the lamps were "Dark Sky"
compliant.
Commissioner Quill provided general review comments on the types of
lighting and the length of time each would be in operation. Mr. Raya
provided an explanation of how the controls were set up and how the
lighting would be utilized.
Chairman Alderson was concerned about the mix of lights and the
differences in the type of light they emitted. Mr. Raya explained the
types of lamps and how they would blend with each other.
Commissioner Weber asked for clarification of the affect of the high
pressure sodium lights, the patina of the Type A lamp, and the color
rendering index. Mr. Raya gave an explanation of the color index of
the various lamps and their temperatures. He also discussed mixed
lights and zones, and the eye's perception of the colors.
Commissioner Barrows suggested the substitution of native shrubs
such as Encilla, Brittle Bush, or Desert Apricot, for those listed.
Mr. Vuksic suggested Mr. Horton, of HSA could talk'further on that
subject. He also discussed the entry median and the condition to
enhance that median. He requested it be left alone at this point, and
left open the possibility of later utilizing more desert landscape rather
than turf, which is in the median now.
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Planning Commission Minutes
May 25, 2010
Mr. Mike Horton, HSA Design Group, 42-635 Melanie Place, Palm
Desert introduced himself and said he didn't have a problem with
substituting some local native plants.
Commissioner Barrows asked if he could comment on the ALRC's
concern about balance and the condition recommending the planting
of palm trees. Mr. Horton discussed the recommendation of adding
some Washingtonia hybrids, or Filiferas at both corners of the project
and said they would also add a few palm trees in the other side to
balance it out.
Commissioner Weber asked Mr. Horton if he was adverse to putting in
the palms per the ALRC's recommendation and how many would be
involved.
Mr. Horton said they were not adverse to the addition. There would
be a total of six (of the same type) at varying heights (12 to 18 feet).
He discussed their reasons for wanting to plant trees which were all of
the same variety.
General discussion followed regarding the types of trees chosen, color
palettes, growth patterns, shade issues, maintenance, and location of
each of the types of trees.
General discussion then followed regarding the amount of turf and the
percentage of sod needed in the retention basin.
Staff's response to the discussion was that they anticipated there
would be a possible 50% reduction in turf; from what was shown on
the exhibits.
Chairman Alderson commented on a portion of turf that could be
utilized as a small entry treatment to the left side of the driveway. He
asked if there would be a problem with that. Mr. Horton responded
there would not.
Chairman Alderson commented on the ALRC's requests for 1) the
planting to be removed, in the planter aisles, and 2) additional palm
trees. Staff responded that the ALRC's concerns were 1) plantings
would get trampled and 2) there was no continuity of planting with
Washington Street. Staff explained there were suggestions of
including decomposed granite (dg) and the use of stepping stones, but
w- "- 547
-5-
Planning Commission Minutes
May 25, 2010
it was brought out that the project conditions require that all the
landscaping be maintained whether it got trampled or not.
Chairman Alderson then provided general review comments on
pedestrian traffic flow, the aesthetics of the site from Washington and
his lack of support for the ALRC position.
Mr. Horton agreed with the Chairman's statements, added his
comments on the direction of pedestrian flow, and said he did not feel
maintaining the landscaping was going to be an issue.
Commissioner Weber asked Mr. Vuksic about the ALRC's
recommendation no. 2; shortening the length of the medians at the
end of each row of parking.
Mr. Vuksic said he understood the intent behind that was to make it
easier to turn into the drive aisles. However, he said they were
concerned that it would expose the back of the car that was parked
there, which could increase the possibility a car getting clipped. The
medians were intended to act as a buffer and create a barrier between
that last car and the drive aisle.
Commissioner Weber commented on the width of the parking spaces.
Mr. Vuksic said they were adequate.
Commissioner Weber asked about the grading of the new temporary
parking lot and the blow sand which would be removed. Mr. Vuksic
provided comment on the possibility of a future building on, that site
and possible dirt relocation sites.
Chairman Alderson asked if the site would be graded to accommodate
the potential pad height of a future development. Mr. Vuksic said yes.
Chairman Alderson commented on the telephone poles, used for
landscaping purposes in the parking lot, and suggested they be
replaced. Mr. Vuksic agreed.
Planning Director Johnson suggested, while the public hearing was
open, there be discussion of the conditions previously mentioned,
beginning with Condition no. 18 (Secondary Entry); stating it was a
typographical error and should read left turns in and out are permitted.
6 548
Planning Commission Minutes
May 25, 2010
Staff then commented on Condition no. 69; that shrubs could be
included and would function well in the parking area. He then gave
examples of similar planters in the City, which have functioned well.
Staff then commented on the shortening of the length of the end
caps, and said they should be unchanged, as the change could cause
safety concerns. There could be the possibility of softening the
radius, but the length would need to remain at the standard stall
length. Chairman Alderson asked if that adhered to the City standards.
Staff responded it did
There being no further applicant comments, Chairman Alderson asked
if there was any public comment.
There being no public comment, Chairman Alderson opened the matter
for Commission discussion.
Commissioner Quill said he disagreed with the ALRC's
recommendations; except for the suggestion of using Washingtonia
Filifera, or a hybrid variety, if the palm trees were to be added.
Commissioner Barrows reiterated her concerns about the use of native
plants in the landscape proposal.
Commissioner Quill said he agreed with the reduction of the turf in the
retention basin.
Commissioner Weber agreed with Commissioners Barrows and Quill
and requested specificity of tree types be added in Condition no. 71.
There being no further questions or discussion, it was moved and
seconded by Commissioners Quill/Weber to adopt Resolution 2010-
015 recommending approval of Environmental Assessment 2006-564
as submitted. Unanimously approved.
There being no further questions or discussion, it Was moved and
seconded by Commissioners Quill/Wilkinson to adopt Resolution 2010-
016 recommending approval of Conditional. Use Permit 2006-097 as
submitted. Unanimously approved.
-7- .• 549
Planning Commission Minutes
May 25, 2010
There being no further questions or discussion, it was moved and
seconded by Commissioners Quill/Barrows to adopt Resolution 2010-
017 recommending approval of Site Development Permit 2006-860
with the following modifications:
Condition 18 "Secondary Entry" portion to be modified to read:
Secondary Entry (Frontage Road): Right turn in and
out and left turn out are permitted. Left turn in is
restricted.
The following conditions be added, under Landscaping and Irrigation:
Condition 64 (formerly condition no. 71) The applicant shall
include, in the final landscaping plan, six (6) hybrid
Washingtonia Filifera palm trees to be planted
along the Washington Street frontage.
Condition 65 The applicant shall work with staff to replace some
shrubbery with native Coachella Valley species.
Conditions 69, 70, 72, 73, and 74 be deleted, under Architecture and
Landscaping Review Commission
Unanimously approved.
VI. BUSINESS ITEMS:
A. Discussion regarding Commission Summer Meeting Schedule, which
was followed by the decision to put this on the agenda for the June 8,
2010, meeting.
VII. CORRESPONDENCE AND WRITTEN MATERIAL:
A. Letter from Linda Paul, Real Estate and Zoning Manager for T-mobile,
dated April 28, 2010. (General discussion followed)
Vill. COMMISSIONER ITEMS:
A. Commissioner Wilkinson gave a report on the City Council Meeting of
May 4, 2010. (A brief summary of the meeting was given followed
by discussion of several items.)
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