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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 „tU OF Tt� 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 R'...' 0.12 ry m O O O m P b O It O M O O O m Iua I w r� m o Io In o �t In o a ev o 0 O 20 Q M O m N m N r P b O It W N 1' N P 1I1 b m P '+ 1f1 .y U W ¢ m r M r ti ti M N a £ n an oz zr w rr ao a W z:rz �z :z.+� oQ r z £W I O IQdl mmrO on 00 mm MNMOm bb 00 1111 0000 moN 00 00 00 O O \ I lf. l[1M11 00 00 mm Ill .y I11 M1[1 It It 00 rlti o000 If. . . . . III I(. . 00 O U WUI U IUNI 0= mm o0 bb =ON 00 ww NN mmmm OMPm NN 00 00 r Q I Z. I Pn+M� MM 00 mm bNrbN mm NN oNNr PIf1 �? P bb 00 �tV If1 I ¢❑ I MrI m 00 PP N PP Illm bb Nbnm Mm Il W N I rLL I rr MM rr '+•+ .+.y MM NN I rI O I III III I £ wr mow. Z. 000 O O bo.. �? 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C9m [Ym UP O Z 2 O O £ O J O WU w Wmitt Om mN xm O Q> 7 X O Y O N O N O N f� O O O o 0 \ M O W O O O o b £ N o 0¢ J ❑ w r WELL.OU V m.a M �D (YQO 2H WM or I11N rP QLL' 00. MP .yP mr PM o w0q,4g ❑>z Ov moo o.. v.. H22 MN ov oN or tY R'�+�W`+ om of oN Oo `F'� 4 .6P4umrw 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. 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All, |{�| . 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 11 O N T C E a 11 Q i c I G 1 I O E m W a I t N - • ` j � C i 11 � II 1 N c � E O v C V Q LH � 1 L m Z N t C � N '- H � 1� C 7 lII 1 +j 1 N W O C I • U P � a N d atm N pl 3 � CD m 5 ry Cc;;s _x E ¢ 15 C O i+ N Z U E o.. o c W N C O r- OD O c0 O r• V O N O O O Z a 056 p,. 12 i QUM& `y OF'Ctt4' 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- Revised05/12110 Page t of 17 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 083 Revised 05i12110 Page 2 of 17 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 Revised 05l12/10 Page 3 of 17 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 .�,. 0 8 5 Revised 05/12/10 Page 4 of 17 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 1w» Revised 05/12/10 Page 5 of 17 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. roa 087 Revised 05112'10 Page 6 of 17 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. 088 Revised 05r12110 Page 7 of 17 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 .Pa Revised 05l12,110 Page 8 of 17 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 090 Revised 05/12/10 Page 9 of 17 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. 091 Revised 05; 12/10 Page 10 of 17 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. 'row 092 Revised 05/12/,10 Page 11 of 17 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 .go.. 093 Revised 05i12'10 Page 12 of 17 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. "` 126 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. "• 128 -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. �• 131 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 �.. 131 -9- RUTAN & TUCKER, LLP Dated: 2010 By: M. Katherine Jenson, Partner n. 135 -10- 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. 136 119/015610-0002 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 P. 131 119/015610-0002 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. �- 138 119/015610-0002 89614,11 a06/10/10 A-3 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 �. 139 ll9/015610-0002 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. «.. 140 119/015610-0002 89614.11 a06/10/10 B-2 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. p., 141 119/015610-0002 89614.I I a06/10/10 B-3 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. ro.. 142 119/015610-0002 89614.I t a06/10/10 B-4 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 ". 14DO 0 A z O 01-I 01 Iq Z 0 II I 133NIS NOS83dj3f d SWIdd 3Nna -c OD W 133015 SWdQd z 133diS w w A ,n OD o Ifs CD 1'-4 U W v tU z L71N 83MOHN3SI3 146 w4t�p 4 4 a" 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 ATTACHWNT 2 ofion �| 3N33)4 0 U w Q go a it eq NlC W P64 u u Ae 12 I LIU Sp 0 1 Z 0 NOir Is /�� 39 1-10 N-10d < m DldOHf IV '31 'c 0 N -i on: 1 7— C 1OdV lic 77\ VNIE VNItIBI-1], 7 —Nno pvo O\ rF—T-7 \ \"co U bAs'is' NO ovf 35 Prold 182 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. p�. 215 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. 217 1 5 ' 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." 6 �. " 218 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 ' 7 ro. 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 pe 220 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. w. 2 L 1 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. 1 22? 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: 12 224 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. �- 226 1 14 ' 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; 15 M ' 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 N N U O Q V d N C O U O (0 N O) O1 c d N O E E X E ro O N N a 0 � o n m E F- E m Z �E C C F- O E W m Co ] cLE p 3 0 Z O N Q O 7 O �5 c Co O N W> N C N O N m D DE d w Q d .- F- CC W � C a 3 co E d 0 N_ Q Q N J c LL Q F- N O E F- D G a F� N Ou,u}i dz d dad W N m @ n 0 n m@ m@ LL Ua U U a-'' m=ov a a H N0c 0 o m`omEw 0 �o ILI 0 U) • @ L^ L^ L^ w L^ L^ i. @ @ Ln w vE U c cIn V O M M M M M M pOj M Q M M M G C O y � C O 0 } 0 0 @ ¢ @ @ x LL N @ w M m X E N aO+ @ N O O 0 @ a X 0 C m E `n 0 0 m E E n a U c 0 o0 W 7 u 0 0 n. ty o 0 0 w � o w w Q vo v IA a N 3 v E C C O O O O 0 O 0 0 0 X« U. 0 0 0 0 m c r 0 A a a a a a° 00 a 0 0 0 a O o 0 0 0 o a a a 0 0 NN o 0 0 0 0 Q N N Y = M M N y E C 0 .o 4 0 o 0 0 0 0 0 0 0 0 0 7 m ff 0 0 00 0 2 .o 2 c a m a o 0 0 0 0 0 0 0 0 0 X V U x o 0 0 0 m a a a m m O A— 0 o o ^ o v1 0 0 o e o 0 0 0 M N N @ 0 @ C c a 0 o C o y U 9 C E +O% 00 U' H o N o. Z EU E @ d—*Z� @ E O C 0 U S �' y. ay(9.2 i v3i E C9 0 '= m U n W > C ^d N o m@ 0 4 S -0 LL LL �' e 'D N (i W O m O W. c 0 ,IZLLL N O LL@ a v= 0. V E U' c mw 9m-@0 0 0 o In u mE Z' a C t0 c, m m a H `a o F- m o a o CO E 01 g c j S C ° Ow CO 0 0 v 0 a , y d@ 'O Q U H C Q Z-@ c U) 00u U)D O c c C E li w� U HZ m In @ O .0 ._ $@ m@ d m« W rn w 0 =m ¢ 03 m j 0 Eo in o ZN cvo m € 0 E mN o o T 1 Mf w y Q c Z S u. = E c Z Z m T @ @ 0 @ @ "O @ @ E@ @ @ C c Y Em F �0p�� d d d d L Um ¢ `� `� 0 N y U t _ 0 ~@ 0 d 0 4 L N N O N ILL LL LL LL E Oc O U U �� Amin as J r.:5 N U U 0. U) N mOQ II N M M M O i0 l0 t0 lye ' - IL Appendix A 229 Appendix A (continued) N O C m O N mL. C o m �H m ~ >S M. 022 a C J Cn 3a `cam D m c U m N Q O D oN EE % m 0 00 m m a a n N V � L O C N U y E C N VI m "0 N D C m maa o Q D cEa � E°1m n c N m O LL> m > N T C a D O J N E D m O CEa U c J LL Va m C m N m 0 Edy D �> = « m �°E o.N �^ 10 '-"E m '^ NCz ¢Dc < J E a'« C N m OOO C m E m>= N NJm UdolmNm0 Hd O OE NN O CL0CN d CU L Q m DCN mNO CC oc E°E m E o E 13 do m RI 2 MC000 OI p_C O U-�, 0 E j O N L U Z U1 N auU mD oDa 0=> U - m D C Ow U C H'N-' U m NQ= J NJ UK N C —UC O C A Nm Q ULm nm cm rnm E = NN m m Qmo > mZ� N c `m o c o m m "0 o w m a s a E N N m N J E J m N N m U 0 O C O n C 0 N C V Z N 4 N F' m 2 N « N c U E r N_ E C O Jo o N E W E d m« D 0 o N ~ Eo . U `a E u y C no N LL U C T Um �•• LE 0 0 .D > N_ O m 0 c to. m «J CN `o c u ai a C0 K m a m o c o a m m W J `o m DL > o '- UE W m 'o m E Oc« NNm EU Q O D« m.` Y m DU m Q M- NC_ 2C O d O m mO N' O.0 (U C w Y] m m N yJj J V C W J U O an d n N O Pco B T.N m;� U C 2 Em m .J_, (�'y O .3u S C CC O `0 3 - '� Y C m 5 n N a o 0 C n 'o (j LL C N J? a ..o_m,mn Z.am m cm 00 Jo D c om `m >oo om m y C7 E ,2`m a� 0 m" OE m0 WE JLL o N tno QLL D C �m j Q Ea0 —0 LL C O d� O> m 1] IL N um c T D < E cm �2Nt"mmV mmN` E c o 'Nmaz m T Q O w Q m( >-0 E C o_o N UD«N 0- O mE J U7Ej Ea ESo o � E xL Da�N � 'LD ONa m0 E cn n`� m E 0. c `O 0 a m - r n D E m m in J« > J« 2« D. A m N D N V) CD-- E NNC C ET N< mdm dry O1N o c D u m E D o o `o a dD D o c F« E o. yE dD nD o Tc o T` E m C C T C E m � N o a `y wU cam' nC Jo Um Um 'm^ L m E o o a-mi� U m o m m aka i- N d .- N u m m LO a N M V N 10 1� O O < s o 0 a m LL LL .. 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 Appendix H m 0 o E �O LL O a � D— CI m m o 0 0 0 0 0 o N m N m N m N m N m o N m N N N m N m N m N m N m 3cvzzzZ zzzyy}y}zy}yyy} } � � N Q d C N O a` y T a_ z z z z z z z}}> 3a z zm zz y y y oL QU N N N C m yp a d n E U Q`o Q QQo` Q m w a m m m m m m a m. m LL a w m C C C c c C c C . o c o C C C Q Z z Z Z Z Z Z z Z Z z Z a z Z Q O_ O_ O O C C O O C O O 4 m E N t N o N O O O C c C C c c n u C C C C g e e C C 9 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 N� Z Z Z Z m m Z M N N Z Z Z Z O M N Z Z N N o « fi N N N Q J �L_ `o `o o e 0 0 N N > y E N N N T N N C T Q N c i c c N T m N m N N N 0 N y D 0 0 0 0 0 w w o} } Z N Z Z 0} N N C N J N N C m E m N N N j OU l (0 m m E N N m .= C n N m m n Q O) > N U m� U 01 N N o a �mr m O 0 m D {p Z E' da m���Q��yWg�m��doD= m E 01 Q �_ C N - J U D Q m E Y C m (0 Q L 6 J m LL O) J m m N U 4J E J N E N D N m o U m E °1 N s w Z L 7 o a F i4 m > O O o J m D c m N m U � U C M c o c m cEu w m M M M M M M N M M M M q> O M M M M M U O U U roi N E m W Y E 0 m 0 O. 0 m d J w F- _T U O m` rn m _T U o N C E c o U y m r D O y D C j D N T Q _U_ � N O d E D N O m C L C D N T � m ' n c N Q U U 5 u � `u m N d a L D rn N c o p N m � � o O W O r C C m IL E a a � > c OJ LL � C m E o N N U O C = m C m 10 m E m in O m L O D m 0 C N o m i a N ^ � C N o E N E E N N N m > o o a D ~O L V 0 o o y m zD 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. 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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 2 m ro . 0 iE � 0 0 N y q O O O O O O O N N N O N N N O N N N N N N N 0 0 z z z z z z z y y y O y O y z d y 0 y 0 y 0 y 0 y 0 y N y M — N O Q N c' 2 N o f a` y T a� C o O O O O O o 0 0 0 0 0 N N N N N N N N N Z z Z z z Z Z z Z z Z Y Y Y} Y Y} Y y O M QU � � E c m v v a n `0`0 E 0 ¢¢ a v fE v v a v v v v v v a v v v v a v v ` c c c c c c c c c c c c Q c c z z z z z z Z z z Z z z d Z Z Q 0 0 0 0 0 0 _ c o 0 E o « O O O O ca° v c v c v c v 0 0 v o e° o o v v v v r o 0 o v v 9 0 0 0 0 c 0 c 0 a a a n c 0 c 0 c 0 c 0 0- o 6 c 0 c o y o z z z z Z v t7 N N Z Z Z Z O N N Z Z N O N O N O Q `0 `0 o e 0 0 N N E J v w O d `o O m avi } 0 o o o at0i at0i o avi at0i C lfl IA N O) Z N Z Z Z N N 1n Z lf1 lA G N N 0 o N N C N N _ N U Z' N m c aEi E aci N E 42 N E o d y E N - c v d LL m w m OU a m O p d Q i a (� Es .c OI N D) C NN J m J LL J U E J O c O C = Q L c a U � m LL m V y W g N m N m '� y H 2 v N m v Q QN oo Q N 0 o m ~ E E ''� v a N o E m r n uQj N U C w = 7 f 01 w N N Z` Z d O y C J y 0 N m Q> 0U Q c CO) H N c O (O c E •u � � � :J � � a � � � � � a d � � � v .moo. E m o U 0 O � OU m J F It M 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 Quinta City Council 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 3A Honorable Mayor and Members of the La Quinta City Council Page 7 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 Quinta City Council 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 -. " 310 Honorable Mayor and Members of the La Quinta City Council 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.] �.. 311 -lb-9 233 Honorable Mayor and Members of the La Quinta City Council Page 10 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 ,.» •'l 328 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. 329 -2- Planning Commission Minutes 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 -3- 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 331 Planning Commission Minutes 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 " 332 ISIM 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. W 333 M 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. «... 334 -7- 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 « 335 Iff:11 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 • 336 Planning Commission Minutes 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. 337 -to- Planning Commission Minutes 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. N 333 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. " 339 -12- 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; .. 140 -13- 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. 1.... 341 -14- 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 3 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 350 R 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 7 . The Ci v of La Quit e)erym '7heres. spectacular public Rerort;. dine ng and quaint Village area ill cdmmemal cc the Beer Creed. Tir. nt7 prsa mount fc.v. No matterryoi sureto find plenty; 2 v CITY OF L+•OUINTA . �L��1lJINTCHAh�OFlf-Oh114rFC-Ek � B E�H OP_ESCIASSI C' x y FlL O -L Getting i Weather Events contactu�"` OurOnlme ' Commumt7Vtdeos - fi A ITACHMENT 2 .E 4 f0 N c 0 J .0 N f0 to Q L N m 0 O V) Ma) W N d cr Ix a � � d 5 °? m c E 2co.£3cl°�a Ync.0 a� a o Eat_ mD� IFcg m.4 c II 1� OJ U �J aa O Cd M 7gco u i Ny� VJ� N U G w5 G t-rS a uwi W y �p V U t To R t 5 N 19 &0f5w�i g co gm=2o�C co moo =y'g Y ,=..r mco � Y o S & w N U$ r�N E ip y U wx �n � y OlV LA£ i rycjw-C C t r cy m o m a c 1O BF-`o 3 $ 354 ATTACHN ENT 3 V TMIL 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 10 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 12 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 13 -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 360 15 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 16 For media, pleasecontact Andrea Carter - Furino/Greene Creative, at (760) 773- 1707 or andrea(o)fgcreative.com. 362 17 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) 364 19 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 365 20 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. 363 23 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 p� 25 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 y _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. �.. 372 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 .� • � },*ip � �II,�NJM - � . 1 1 • � Gu+y,r of 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. ; .. 3l q 29 HMENT4 0q°4 pU�/4a�¢ uw 6� Qaa���000 (9@9me Dow qb(s Q@1@10 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. a®fb C�PltLi1- C5[�!i CIp�t4 "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. Y , Ytr R a. g75 30 0 ggvs p��g4ua�¢ uw day Qau�a�000' C @M@ Doug fib¢ �awQ 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. r Fto Q�... (llft?�, 'cZi 376 31 on u�4�oe4 C @B@ �opw 4b¢ garrv° Make a day of it and visit the La Quinta Museum go hiking browse La Quinta's Y fabulous shopping venues and indulge j at a number of casual and fine �-- r dining restaurants. Moonr ht�h>g„ h`�ovie."G3isney F60" - AM11 Old Town La Quinta � Bring your blanket and.cateh a flick.0 ' the stars! piss ta(f CI'mic. S'•1 outnstTtent ow Civic Center Campus; 78-495 Calle Tam= p (760) 777-7090 4 Gain one hour of hands-on ihstrvetion `J and participate in a round of Disc Go101 f % bu cn do i ime ^ rKtt 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. 4 377 (« HIS pp��/4u�¢ 6w 6� Qaat�4a000`� Qom¢ Doug Make a day of it and visit the La Quinta 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. wawmi ,,r wo ,17 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. va ;rely i;a L,rt� Qu�yft-a.... —(OAL14-P Mfet -- 378 33 " hr Qoi ¢ Doulm ab¢ 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 - $to P.il& t aii9M 9I9xiet " Wher 4h(t NNFlai 4ipin we" Old roam la Quinta — FREE _. More Information: (760) 777.7090 Bring your blanket and catch a flick under the starsl Presented by the City of la Quinta, Old Town _. to Quinta and Time Warner Cable. �0ipi4 P4 sarapat the timers Um . . 6a Quinta Museum; (760) 777-71" 'i:i ' Celebrating PT Barnum's 200", birthdayl This dynamic exhibit honors the life and legacy of PT Barnum, renowned clown and actor. It includes a 10-foot circus tent for visitors to walk through =-.. and view circus memorabilia. 379 Mom t�►fiiiylnL�ttuiin+t7a I« Q- - ��`�✓'x°,(J�J, �? � Make a day of it and visit the La Quinta -, Museum, go hiking, browse La Quinta's ' fabulous shopping venues and indulge at a i number of casual and fine dining restaurants. �itl�oflligil& f�itanfiie: "ihlhaFta9he�iMiif� Old Town to Quinta - FREE More Information: (760) 777.7090 i Bring your blanket and catch a Flick under the starst Presented by the City of la Quinta, Old Town La Quinta and Time \Varner Cable. Golf? Pi y'lbegias f4imit sow Sth kgistraffoa Enrollment Fee - S59.00 More Information: (760) 777-7090 This 13-week program allows golf enthusiasts to play some of the finest courses in the Valley at special rates, including SilverRock Resort, Classic Clu! Wmott Shadow Ridge and more! Singles or Team. Divisions available. 9dday, Dst°ae 99 — l ffNdf ilil3i$ 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. Sf,Aj! i w 380 61 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. (�frlt�.Wyr�eae� ' 11 @ PO4 (�t�Itt!i�0aBiililet "P-Oieee the Wi1d 4961a�s des" Old Town La Quinta — FREE p? I More Information: (760) 777-7090 l Bring your blanket and catch a flick under the stars! I Presented by the City of La Quinta, Old Town La Quinta and Time Warner Cable. " t vwd!m .¢ Biases" ff V La Quinta Museum; (760) 777.7170 Calabratiug aatartatusi ut ftaad, P7 maruamf , 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. f �• 381 .?j*yj4> VQUjfI-tiSi C0MI 36 12:00 p.m, - Midnight 10 Bonds,10 Hours $20.00 Enioy wine and food sp=491s, raffle prF= snd LIVE MUSICI (760) 771-8950 wi Opener WAY r, i ;K i r AMID- 12L .® Closer 382 37 NOW OPEN - FREE La Quinta Museum (760) 777 7170 Celebrating the art of quilting throughout history. "�• sdd F wo� �f►'�'l�Jl3lb�:z.'fi�'rt 8.00 a.m. - FREE E)(onng "The History of the la Quinta Cove (760) 777-7040_ Meet at Shade Shelter on the Bear Geek Nature Trail at fhe comer of Cade Enserkada and Avenida Monte Other Inside Skyscraper banner ads featuring: °Disney Earth2 I I Starts at Dusk FREE of charge. Bring your blanket and catch a flick under the stars. 383 38 Opener Wrr+ ;::tMR: ,o o. v �5_' WVVIJtfl� �=y� "et f Closer 38 i 39 Mv Featuring: "Disney Earth" n n � _ Starts at Dusk 010`1`own alquin FREE of charge. Bring your blanket and catch a flick under the stars: 101, 11-1,11, � Other Inside Super poster banner ads 2.00 p.m. - Mclnight Old To" CCOOED 10 Bands, 10 Hours - $20.00 Enjoy wine and food specia's, raffle prizes and UVE MUSK� (760) 771-8950 3.A -Ali YMJ' € S..$�..orr tiITIWMJIM a.. 385 40 WAFf 111 ► W4 S-R& In 1imeJ NOW OPEN - FREE La Quinta Museum (760) 777 7170 Celebrating the art of quilting throughout history. i Other Inside Super poster banner ads Z 8:00 a.m. - FREE 6ploring `The History of the La Gu nta Cove"; (766) 777-7090- Meet at Shade Shelter on the Bear Creek Nature Trail at the comer of Cade Ensenada and Avenida Montezurna. Jake 5 4 FJ�!! if V lJtV 4!F .. Wy-�_]�Naslz..l fig, y.. �1.��¢'},ra y}__., _CriM 386 41 0 r•1 e In ATTACHMENT 5 a.,. 38 42 Fie Edt Vew Favorites Twis Help 5� r9jJ-1,®Facebodc l La.QunteC --------_- -- _ _ - ATTACHMENT 6 Q Suggest m Friends to Quinn has svmethlrq fo everyone! Gdfmg at St,.Rock stnoem dining and shappng u the Village area &along Highway 111: bdxg and lung in doe Santa Rosa .eena, so marry ream.. wt The Gem of are, Desert! ."layrlaeunta.rmn FavorRe Pages 1 Page is g a Cs,esruty S Is Quinn C Ifornia A gorgeous day to be in La Quinn! Take a hike, bike a!ang ---------- ---- --- - - 14Qsdt& our scenic trails, eat at amazing restaurants... come an dovml Phi I' Mar iat Ii:53am 2 of a a&,ura See 4G 13 stephmve D'Eurtad+io Greene dkes tlns. Wall Photos Updated en � wedresdat �Q�.g, n Quinn California e k Near CiN eannen rea4d ^n pgflle Tp Tuesday a ;;0:nfes .' i' NaY 26 at ;:29pm share LS 3 people tie Via. t fan p` uto See Al La Qubrta California Just a few pictures showcasing our beautiful city! Come play .[p[L! & in Lo Quinn -r... i''FA Events 2 Wmmrg ecen6 see Ad IQ Photos Nt aw,Pe-cyst Tuesday of.., zt,vvv shams oz.d.v hneai z, x;r. lay Map 2aa[ L2spn share Pain St., RESTAURAW vA.x gi z peach, Ns &vs. la- La Quinta California C� Wag Into %rotor Discussions Events la Quinta Cannrratothers lost Qthm Is Quints California Great event planned for Thursday evening at Old Town iiPArtisan Studio! Girls Night Out, from 6 to 8 pm. Learn to make beautdol fused glass till jewelry and wear your creation home! Call (760)777-1 1 for reservations and details! r� �Yesterdav at g:5tam Share 13 3 people Ids that. Yeitw ayg1gaim ThatawaMs Yke fun! Yesterday at 32:a2pn � f-taq La Quints Cafif amia Here's the latest ad with our events... IM Tuesday at 12: 50M Scare b 2 people lie ft. 1nl.1hoo L¢alw HAY ,CA,9z26ng3 Le Quinn, CA. 3 Mon . Fri: 9M.-430pm 410 People n&e lh¢ LPPatrtk Dana WM Evam Sanderson Nctals ski*ice La Quints CaliforniaLa Quints appreciates all our new fans... almost 200 in jug a Jule Edue "chael c1bei Inldlemo v Not. See aA TWLa Quinn Ca&foma tYs Art & Wine night at Old Town Cellar tonight See you all O there! n T:xtdav a t 3: 2 tan i3 2 peace Da, Ws. st 1441r'+&, few days! Help us reach 1000 fans by suggesting to }roar Farebaok friends, we r; appreciate it. We will continue to po even[ into and hope to see you all in La • Quints! TueadaV at 11:33am s"J 3 people bke rids. create w Ad nuilm eR Right to x vote In tlmse tough times, CA voters hould have A say on how our mmnieY is spent. con ,as on lb—Tar7aYers light to Yak. Laura Ambr. Goes Tax{Nynt Right W vote. 6 L&e art.com x Artcdn is now on Facebook, Correct with flow arasts, vkw nen art & shxe your pvm. 6ernme a fan today! Il Lie Talented x photographer? I rr Despn your ono s Flalh U.* ar, weba!fewiMrea. prat hiAsp feahaes. anybe .seconds, ar ftm anytime. Slot now fw o Feer 6 Like, Mxe Ada 388 31 ATTACHMENT 7 sbu 4 � fz fisg a ono` o R O g E o 9 8 �9 �a 1 ass I 0��. , �4 �oss�¢x9��;� ag$iAk "ggs °s�LL3a�g;,a�z so g"� 9g o` n4F9 a �€a `a"vim` s � qY=A e,3MI � � sID NU sVs o S P gi go a adg g H ��gppgsg4 �Pbg ay3b,,���� �33��$�q3 Lie, � a 6 �� �yys8o F •Sy u;a VWSwIemP�M � 2p��$ €e ms Fn s ass �s��ge ��cypg 4 S �g6 �o ��o ; g Z➢pnym ���o fill nV y_" & 4uTiS 59� ao��a .eiq' ogtA avmsda fit b u�q ° 5 S DO y: $Bs q6P b o. u a W C Q a $8�oWN ggg Fg o Eoeom •' m m E y 2 p8r3 H too o n S ge`sa sus �d k il _i 1.61 ff s e r 0 dg?•"ng_ ,. 390 45 ATTACHMENT Help shape the future of 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 He pohape �[he you irr off qot" ° 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 — - 392 47 Department Report: / ",8 fa��`°'. cF�r of r9w 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 $173,426 for a rehabilitation factor of 42%. All houses have had the Smart Irrigation Controller installed to help conserve water. Once the homes have been substantially rehabilitated, they will either be sold or rented to qualified owner/tenants. Starting July 1, 2010, staff will initiate a second round of home acquisitions. Attachments: 1 . 54-120 Ave. Carranza before & after photos 2. 53-710 Ave. Rubio before & after photos 3. 53-940 Eisenhower photo 4. 52-608 Ave. Diaz before & after photo 5. 52-280 Ave. Velasco photo .. 1395 3 A 14e0 A� N. 4 I Yi " IIA ♦r 2 • ��t �" i H� ^ .►. I yy Fj tl 1 I NY: ^ (. G 5 i a � s ny J Y S � I y i 1 ' After t. I D C i yyx 4. x� 9 � t 8 1 s y? tr, yn' u�: • to »^ i� f dI '+ nl 1 r�ry F i � f � . 9 dlC Y 1j� ATTACHMENT 3 fi. 53-940 Eisenhower e�3 a j T v°} !�nYp7 `yY� A i p t ,bi b M i mr tit gL. e 4,1. t ° - d ¢ Ab Ygd'c a+yfi d fe } " ATTACHMENT 4 52-608 Diaz II L ,Y•. k. x 1 u f R . AI d'� n Yea -. - • a a; " �4 .k q d A 11 ;�i n "$' L ^, h � , rf • �^ �a ) I :ea L I $ y. 1 i f • Yt y^ a, r r'3'•!j �r �; 3 �l Before IF After --TO 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 m m .+ a .+ l It at ei N O coa ( O 0% 0( N M .y N N N N N M M a M i M O 00 O N Of n tD C O t0 I i �tD ' ai N ' n N at M I .a , N a .mot tD a a! ID O M N .t to 7 N 00 N m .+ a( N n 7 �. VI 1D O Of P OD P % M Ln M ID O > O O N L ._,� Ln A N eni 0 N �N-t i N i a t-t G N N= n N .. ~ _N N( 00 N �...}. �. H U. fag M ! y ! ��.fir t0 It ei �N m I to O n N n N in N iD N �a N= M N b O N n ro CA ti 0 a a m N w 00 N a0 O 1D O 0 III) ti ti n N tD I at OD n tD fl N OD at 7 OD ( a n at N( IO M i a M N n' to O m tD n N N m a 0ei a m tD U ti N M 7 I W L f > C M F O V1 ev ! t d M ( - ! .i._I H Q1 CO 0% at ei W_- Of O �... 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Z � C O F- W O .0 N °L W r z (n W W w > z 2 > w (n w 0 a d wF- wm pw z 2 W m a 0 U a-W aQ Q aU a� N Vw o a) V a z W pr Q W zCLPp Q rw EZ w E; oQ E oZ2 a n a(nU O NUU W n U =(n0 D J cnU F- F-U N � NU LL J W 2 m N J 0 W z � > m ma=�0. a 412 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. 4^0 L 1 Z H Lu 20 IL cc: LUo CL 0 W Z N p w } c�2a z�g z a z a W ap a Z Q O � m U :D w <n p U) Y W U -o 'O m m 'O m m m m mm "O 'O 'O m'6 'O '6 'O 'O 'O W m a> a> o m m m m m m m m m m a> m m m m a> U 2 +c+ icy +c_+ iC� iC YC i- #C+ YC_ YC_ YC_ YC_ 4C+ iC-� +C+ YC_ YC_ +C+ +C_+ +C+ 0 C C C C C E E C C E C C E C C C C C C E Z L .O -0 -0 -0 -0 -0 -0 n -0 -0 -0 -0 -0 n -0 a -0 a a m W a m 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 z J a u N v w u u u u u u u v y m N m a O 0 0 0 0 0 0 0 0 0 0— O O O O O N � 0 0 �t 0 Z a cn z 0 J N a UJ a) ~ r- a W u y U a + m Z c F}- m — co c o E a> a H U E N m E u> °) °) Q E 'O U W N aE> aa'> a C C N d � Q m"� C a) m y 3 s .> E E a aa> m a Q a N E E U o E -C U m o o m M a> a p ++ M m 7 ++ m m y C m Z) a m m U) m Q a) m C E a d a 'O N m E m d m to m 0 O O O' C cC6 a> a NC N N U Z a) m o m c a p +> o m U m > o m a> o o m o Y Y Q tm 0c _0 C>> .° m C C C E C a) a) C C E m C C �, Upw i(D-i acncncncnHHHiNN (n 421 N O 0 N (o O LO O N N (15 O H a U LU w a a a a a a a a a a a a a a a a 0 (1) () (3) a) a) Q) Q) a) a) a) a) a) Q) a) a) Q) w Y Y y Y y Y Y Y Y Y Y Y Y Y Y Y w > E E E E E E E E E E E E E E E E > 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 a Q. 0 N w N 0 M 0 0 N 0 s O d' O N (O N N O N O COa Q W U) CD -a Do J O a LL �: W Z K w W Q IL y O _ d > Y a) c = c U) Ln a) yN N E N Q) Co N w H - N m E .0 � V) E m J V E E ti— a a a) a) a ul s a w a w 0 a m a) M a C C1 d CO aN+ C O U .N d m a a) a Y E a) E °C cc cc o aa. C E E s 0 ( " a m� w @ maw Nu m C C U C C N a C m o m E a a) °) a) — a) w n) o= o a H m a Y c a E a > a z >>> t U Z U '0 C a3 Fo U a 0� .Y 'y U J J J Y N 01 (57 a Q U a C>= a) .O a) U C a C a) U a) a) 0 N +M C a) C .0 C C 00 QUoLuU-d2NC(n(Ynf-F->NN " 422 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. 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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 >C7c 3 x y r o m 9 3 >D tom^ nr zm �O mc"r' ❑ < C' '�< -G to n O R 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 a m m < o x < z 'A a a an c <c o0 0 oa y O m m p t� X C y r' c< r a r a n ... m o ._ < z -�� me zn a, m a� O O a z a r 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- \ _\ /j \/ ) k} ) \/ \ �= o &66/ Cc )a\$ \ a CD �\ � CD �\ \\ § �- /u \\ ) § c E 2 9d .a4 273j/2 . 3ƒ ) \( \\ }� § \ \� \\ 2 ? k( \( � § § K e \ (E )§ { ■ �/ / 2 \ \k� \\ � . 73 § 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. ...n 515 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 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. .....q 516 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 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 ".-OL 517 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 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. „,;; 518 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 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. ....0 ._1 51.9 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 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 P.a •I 520 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 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, »...; 521 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 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 to-0 522 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 (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 Nw,�r 523 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMP SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 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. 524 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 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). ....1 525 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 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 �. ^ 526 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 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 Nw°� 527 CITY COUNCIL RESOLUTION 2010- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-860 ST FRANCIS PARKING LOT JUNE 15, 2010 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 d'f 8 tI �'�prni ub �Q+D r 529 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 2479ro156101M 107415MI 30SIlVlO 530 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 247910156uwooz 1074352.013M/11/10 A 531 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.o1305/11/10 532 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, ---CL 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. -4- 546 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.) 8 550