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2011 07 05 CCeaf City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calls Tampico La Quinta, California 92253 Regular Meeting TUESDAY, JULY 5, 2011 3:30 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2011-055 Ordinance No. 488 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. Persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND TERRY DEERINGER, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4 CITY COUNCIL AGENDA 1 JULY 5, 2011 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JUNE 21, 2011 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JULY 5, 2011 2. ACCEPTANCE OF FISCAL YEAR 201 1 /2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) AWARD IN THE AMOUNT OF $16,152 FROM THE BUREAU OF JUSTICE ASSISTANCE, AND APPROVAL TO SUBMIT PROJECT APPLICATION 3. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31910, CAPISTRANO, LA QUINTA 57 ESTATES, INC. 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31910, CAPISTRANO, LA QUINTA 57 ESTATES, INC. 5. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 487 AMENDING TITLE 3, CHAPTER 3.34 OF THE LA QUINTA MUNICIPAL CODE CONCERNING THE LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES 002 CITY COUNCIL AGENDA 2 JULY 5, 2011 HABITAT CONSERVATION PLAN - MUNICIPAL CODE AMENDMENT 2001- 001 6. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE DESERT CLASSIC CONCOURS d'ELEGANCE 7. APPROVAL OF A CONTRACT FOR DEPOSIT OF MONIES WITH RABOBANK N. A. 8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2011 /2012 9. ADOPTION OF A RESOLUTION APPROVING THE RIVERSIDE COUNTY COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM AND EMERGENCY SHELTER GRANTS (ESG) INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR FISCAL YEARS 2012-2014, AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT 10. ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION FOR FISCAL YEAR 2011/2012 BUSINESS SESSION 1. CONSIDERATION OF THE INVESTMENT ADVISORY BOARD 2011 /2012 WORK PLAN A. MINUTE ORDER ACTION 2. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 11.44.100 (DOG PARK RULES AND REGULATIONS) TO CHAPTER 11.44 A. ORDINANCE ACTION 3. CONSIDERATION OF A USE AND MARKETING AGREEMENT BY AND BETWEEN DESERT CLASSIC CHARITIES AND THE CITY OF LA QUINTA A. MINUTE ORDER ACTION 4. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 201 1 /2012 CITY OF LA QUINTA BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT A. RESOLUTION ACTION 003 CITY COUNCIL AGENDA 3 JULY 5, 2011 5. CONSIDERATION OF AN APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE TO THE 2011 LEAGUE OF CALIFORNIA CITIES CONFERENCE A. MINUTE ORDER ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1 2 3 4 5 6. 7. 8. 9. 10 11 12 13 14. 15. 16. 17. 18. ANIMAL CAMPUS COMMISSION (FRANKLIN) BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (FRANKLIN) CITY COUNCIL AD HOC COMMITTEE REPORTS CVAG COMMITTEE REPORTS CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) C.V. CONSERVATION COMMISSION (SNIFF) C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) C.V. MOUNTAINS CONSERVANCY (FRANKLIN) C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) LEAGUE OF CALIFORNIA CITIES (HENDERSON) PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON). SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) INVESTMENT ADVISORY BOARD MINUTES DATED MAY 11, 2011 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT A. GENERAL PLAN MONTHLY UPDATE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE 004 CITY COUNCIL AGENDA 4 JULY 5, 2011 MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. REQUEST TO THE CITY OF INDIO TO COMPLETE NECESSARY STUDIES TO COMPLY WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT REGARDING FUTURE GOLDENVOICE CONCERTS AT INDIO POLO FIELDS (COUNCIL MEMBER FRANKLIN) RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING THE PLACEMENT OF PUBLIC NUISANCE ABATEMENT ASSESSMENTS ON THE 2011/2012 PROPERTY TAX ROLL A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, AND TITLE 13, SUBDIVISION, TO (1) CLARIFY THE LOCATION OF CERTAIN LANDSCAPED PARKWAYS 09.50.100►, (2) CORRECT AN ERROR REGARDING GUESTHOUSES AND SECONDARY DWELLING UNITS (§9.140.070), (3) ADJUST THE TIME EXTENSION PERIOD FOR DEVELOPMENT REVIEW PERMITS (§9.200.080), (4) DELETE OBSOLETE LANGUAGE REGARDING GUESTHOUSE EXAMPLES (§9.210.010), (5) REVISE DEFINITIONS TO BE CONSISTENT WITH STATE LAW (§9.280.030), AND (6) ALLOW A MINIMUM CUL-DE-SAC LENGTH OF 1320 FEET. APPLICANT: CITY OF LA QUINTA A. ORDINANCE ACTION 005 CITY COUNCIL AGENDA 5 JULY 5, 2011 ADJOURNMENT The next regular meeting of the City Council will be held on JULY 19, 2011 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, California 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of JULY 5, 2011, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on JULY 1, 2011. DATED: JULY 1, 2011 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. CITY COUNCIL AGENDA 6 JULY 5, 2011 006 Tur^F44" COUNCIL/RDA MEETING DATE: July 5, 201 1 ITEM TITLE: Approval of Demand Register Dated July 5, 2011 RECOMMENDATION: Approve Demand Register Dated July 5, 2011 BACKGROUND: Prepaid Warrants: 92303 - 923441 92426 - 92450) 924251- 92454) 92455} 92456} Voids} Wire Transfers} P/R 36367 - 36378) P/R Tax Transfers} Payable Warrants: 92345 - 924251 FISCAL IMPLICATIONS: 60, 760.19 297,160.45 10, 704.59 2,545.32 2,545.32 (11,194.23) 4,566,896.12 229,324.59 64,099.73 1,250,072.59 $6,472,914.67 Demand of Cash - City $1,956,401.30 Demand of Cash - RDA $4,516,513.37 Demand of Cash - HA $0.00 John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR I STUDY SESSION PUBLIC HEARING 44 007 CITY OF LA QUINTA BANK TRANSACTIONS 6115/11 - 6/28111 6/16/11 WIRE TRANSFER - LANDMARK 6/16/11 WIRE TRANSFER - YESSAYIAN PURCHASE 6/16/11 WIRE TRANSFER- NAVARRO ACQUISTION 6/17/11 WIRE TRANSFER - FORESITE ESCROW 6/24111 WIRE TRANSFER -ICMA 6124/11 WIRE TRANSFER - PIERS 6/24111 WIRE TRANSFER -LQCEA 6116/11 WIRE TRANSFER - PROPERTY ACQUISTION $138,790.08 $10,000.00 $71,848.14 $989,290.00 $15,655.59 $53,253.04 $157.50 $3,287,901.77 ....... ............... .. TOTAL WIRE TRANSFER OUT $4,566,896.12 .» 008 p p W I QN21 I allo1 . 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UI � 6q do M K � W � � d O a HI I f I 2 I � W � O U U ZI NJOWN a I Owl zWI WWI > W W I N I f a W .Z W W 2 W O I WON 0 s I mat N q Ix +WI Y � � Q I N WqI .+ J 2 U K � I W I O I LL > N Q *ZI C I IN, l- x Y 2 a 1 I. m 1 IN, W I H F I Z Q I wMI s a d Y O I uz1 W x U x i I I Z m O O I U Z I U Q Q I N a I N C I 01 m LLI JI p1 UIC HI W Z Id1 I Q I .9m I Hl-ImuI \ Z I m W I ,0=" I l W I N r m I N q 1 \1fOI C b M I d sa I co U'JI q r W Z I e K QOIr Q K do>I W O H I Z Z (YAM I � d d U I LL I Nvbm m PO.y O b . 0 v MOO Ik 0000 )k Ik O O O O �k Mc Ik 0000 IK > • Ik P.Nr P P P P NMmv m m m m Mbbm v v v v mbPm O O O O bbN r r r r bM o 0 o e M v m m b b b b N N N N mmmm e000 oeoo 0 �m ,-o mmmm vvvv N N N N PP PP ^no a •� 3 _ S ffi OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 5, 2011 BUSINESS SESSION: ITEM TITLE: Acceptance of Fiscal Year 201 1 /2012 CONSENT CALENDAR: 7' Edward Byrne Memorial Justice Assistance Grant (JAG) STUDY SESSION: Award in the Amount of $16,152 from the Bureau of Justice Assistance and Approval to Submit Project PUBLIC HEARING: _ Application RECOMMENDATION: Accept a Fiscal Year 201 1 /2012 Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $16,152 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 $16,152 in Fiscal Year 201 1 /2012. 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. BACKGROUND AND OVERVIEW: The U. S. Department of Justice, Bureau of Justice Assistance (BJA) has made law enforcement funds available for Federal Fiscal Year 201 1 /2012 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. 041 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: 1) to equip the DUI/Traffic Reconstruction equipment trailer including awning, mounted external lights, a fold up desk, and miscellaneous brackets/tie downs/shelves and storage accessories; 2) an Electronic Ticket Writer to replace one of the existing units that has been damaged; 3) three VieVu cameras and accessories for School Resource Officers to improve documentary evidence associated with school related investigations; 4) digital recording equipment including, cameras and voice recorders for School Resource Officers to improve documentary evidence associated with school related investigations; 5) computer storage devices for storing VieVu and other electronic storage; and one laptop to be used and shared by School Resource Officers, Business District and Community Programs personnel; cadet middle school program, classroom and community presentations, business meetings, special events/operations, etc. Additional equipment and supplies to maintain the JAG equipment including software upgrades, maintenance and accessories as needed. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept a Fiscal Year 201 1 /2012 Edward Byrne Memorial Justice Assistance Grant award in the amount of $16,152 from the U. S. Department of Justice, and grant approval to submit the project application; or 2. Do not accept a Fiscal Year 201 1 /2012 Edward Byrne Memorial Justice Assistance Grant award in the amount of $16,152 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, Thomas P. Genovese, City Manager 042 COUNCIL/RDA MEETING DATE: July 5, 2011 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31910, Capistrano, La Quinta 57 Estates, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to July 5, 2012 for Tract Map No. 31910, Capistrano, La Quinta 57 Estates, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Capistrano (Tract Map No. 31910) is located west of Monroe Street, north of Avenue 58, and south of Airport Boulevard (Attachment 1). On December 6, 2006, La Quinta 57 Estates, Inc. entered into an SIA for the Capistrano development. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. " On January 15, 2008, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements to December 6, 2008. In a letter dated June 13, 2011 (Attachment 2), the developer requested a time extension to May 31, 2013 to complete the remaining on -site improvements due to the current real estate market conditions which have severely impacted Capistrano. The remainder of the on -site improvements includes the asphalt concrete paving and dry utilities for the northern -half of the tract and rough grading for the 13 lots along the north property line. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA to July 5, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to July 5, 2012 for Capistrano, Tract Map No. 31910, La Quinta 57 Estates, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to July 5, 2012 for Capistrano, Tract Map No. 31910, La Quinta 57 Estates, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Cimothy R. J nas P.E. Public Works Dir for/City Engineer Approved for submission y: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from John Pedalino dated June 13, 2011 Uit RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JULY 5, 2012 FOR TRACT MAP NO. 31910, CAPISTRANO. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31910, Capistrano, on December 6, 2006; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by December 6, 2008, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to July 5, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on July 5, 2012. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. M W Resolution No. 2011- Tract Map No. 31910, Capistrano Adopted: July 5, 2011 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5" day of July 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 046 TM 31910 CAPISTRANO TICIN] NOT TO SCALE ATTACHMENT 1 Z MSIDER AVE 55 PRAT CT SITE MAP 047 ATTACHMENT 2 oC.Jejert ��ite, ince June 13, 2011 Mr. Timothy R. Jonasson, P.E. Director of Public Works, City Engineer City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Mr. Jonasson, ftMVED `A 16 7,- AWC1% 'ss Please consider this request for an extension of time to complete the Onsite and Offsite Improvements for Capistrano Tract 31910. Please note that since the date of the prior request for an extension, we have completed the parkway landscaping along Monroe St. The only remaining item for the offsite improvements is the median landscaping. The remaining onsite improvements are as follows; Street - AC Paving for the upper half of the tract Dry Utilities - Upper half of the tract Rough Grading- 13 Lots along the north property line. Based on existing real estate market conditions which have severely impacted Capistrano in particular, we are requesting an extension to complete the onsite and offsite improvements for Capistrano until May 31, 2011 Y, John Desert Elite, Inc. 78401—A/WY. I I I St. XoP. Q..&, 92253 (760) 777-9920 -':2. (760) 777-9918 048 T'df 4 4 a" AGENDA CATEGORY: COUNCH✓RDA MEETING DATE: July 5, 2011 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution to Extend the r L Time for Completion of the Off -Site Improvements for CONSENT CALENDAR: Tract Map No. 31910, Capistrano, La Quinta 57 STUDY SESSION: _ Estates, Inc. PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to July 5, 2012 for Tract Map No. 31910, Capistrano, La Quinta 57 Estates, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Capistrano (Tract Map No. 31910) is located west of Monroe Street, north of Avenue 58, and south of Airport Boulevard (Attachment 1). On December 6, 2006, La Quinta 57 Estates, Inc. entered into an SIA for the Capistrano development. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in LI response to changes in standards or conditions affecting or affected by the improvements. '. On January 15, 2008, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements to December 6, 2008. In a letter dated June 13, 2011 (Attachment 2), the developer requested a time extension to May 31, 2013 to complete the remaining off -site improvements due to the current real estate market conditions which have severely impacted Capistrano. The remainder of the off -site improvements includes the median landscaping on Monroe Street. The parkway landscaping along Monroe Street is complete. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA to July 5, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the 'approved Subdivision Improvement Agreement to July 5, 2012 for Capistrano, Tract Map No. 31910, La Quinta 57 Estates, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to July 5, 2012 for Capistrano, Tract Map No. 31910, La Quinta 57 Estates, Inc.; or 3. Provide staff with alternative direction Respectfully submitted, imothy ona Public Wor s Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from John Pedalino dated June 13, 2011 050 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JULY 5, 2012 FOR TRACT MAP NO. 31910, CAPISTRANO. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31910, Capistrano, on December 6, 2006; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by December 6, 2008, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to July 5, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on July 5, 2012. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. 051 Resolution No. 2011- Tract Map No. 31910, Capistrano Adopted: July 5, 2011 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5" day of July 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 052 ATTACHMENT 1 TM 31910 CAPISTRANO ICINITY MAP NOT TO SCALE 053 ATTACHMENT 2 • "ft e � eat c te, nC * JUN Is )n", June 13, 2011 Mr. Timothy R. Jonasson, P.E. Director of Public Works, City Engineer City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Mr. Jonasson, Please consider this request for an extension of time to complete the Ofsite and Offsite Improvements for Capistrano Tract 31910. Please note that since the date of the prior request for an extension, we have completed the parkway landscaping along Monroe St. The only remaining item for the offsite improvements is the median landscaping. The remaining onsite improvements are as follows; Street — AC Paving for the upper half of the tract Dry Utilities — Upper half of the tract Rough Grading —13 Lots along the north property line. Based on existing real estate market conditions which have severely impacted Capistrano in particular, we are requesting an extension to complete the onsite and offsite improvements for Capistrano until May 31, 2013. John Desert Elite, Inc. 78401 Jlwy. 111 St. X�& Qai.&, C4 92253 (760) 777-9920 _`7ax (760) 77 7- 9918 054 4r COUNCILIRDA MEETING DATE: July 5, 201 1 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval of Second Reading and Adoption 5 of Ordinance No. 487 Amending Title 3, Chapter 3.34 CONSENT CALENDAR: of the La Quinta Municipal Code Concerning the Local Development Mitigation Fee for Funding the STUDY SESSION: Preservation of Natural Ecosystems in Accordance with PUBLIC HEARING: _ the Coachella Valley Multiple Species Habitat Conservation Plan - Municipal Code Amendment 2011- 001. RECOMMENDATION Adopt Ordinance No. 487 on second reading. FISCAL IMPLICATIONS: The Multiple Species Habitat Conservation Plan is primarily funded by the Local Development Mitigation Fee, tipping fees and infrastructure mitigation payments from the Coachella valley association of Governments, Coachella Valley Water District, Caltrans, and Imperial Irrigation District. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 21, 2011, the City Council moved to take up Ordinance No. 487 on first reading. The City Council further moved to introduce Ordinance No. 487 on first reading. The motion to introduce Ordinance No. 487 carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None 055 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 487 on second reading; or 2. Do not adopt Ordinance No. 487 on second reading; or 3. Provide staff with alternative direction. Respectfully submitted, Approved for submission by: Thomas P. Genovese, City Manager 056 ORDINANCE NO. 487 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA TO AMEND TITLE 3, CHAPTER 3.34 OF THE MUNICIPAL CODE CONCERNING THE LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN CASE NO.: MUNICIPAL CODE AMENDMENT 2011-001 WHEREAS, the City Council of the City of La Quinta ("City") finds that the ecosystems of the City, the Coachella Valley and surrounding mountains located in central Riverside County, and the vegetation communities and sensitive species they support are fragile, irreplaceable resources that are vital to the general welfare of all residents; and WHEREAS, these vegetation communities and natural areas contain habitat value which contributes to the City's and the region's environmental resources; and WHEREAS, special protections and conservation goals for these vegetation communities and natural areas have been established to prevent future endangerment of the plant and animal species that are dependent upon them, all as more specifically set out in the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCP"); and WHEREAS, the MSHCP was adopted by the City Council on October 16, 2007, and the associated Implementing Agreement was executed by the City Council on October 16, 2007, to preserve the ability of affected property owners to make reasonable use of their land consistent with the requirements of applicable laws, which could include the National Environmental Policy Act ("NEPA"), the California Environmental Quality Act ("CEQA"), the Federal Endangered Species Act ("FESA"), the California Endangered Species Act ("CESA") and the California Natural Community Conservation Planning Act ("NCCP Act"); and WHEREAS, in order to further the purposes of the MSHCP, the City previously established a Local Development Mitigation Fee to assist in the maintenance of biological diversity and the natural ecosystem processes that support this diversity; the protection of vegetation communities and natural areas within the City, Coachella Valley and surrounding mountains located in central Riverside County which are known to support threatened, endangered or key sensitive populations of plant and wildlife species; the maintenance of economic development within the City by providing a streamlined regulatory process from which development can proceed in an orderly process; and the protection of the 057 Ordinance No. 487 Amend Muni Code Title 3, Chapter 3.34 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Adopted: , 2011 Page 2 existing character of the City and the region through the implementation of a system of reserves which will provide for permanent open space, community edges and habitat conservation for species covered by the MSHCP; and WHEREAS, the findings and studies upon which the Local Development Mitigation Fee was originally based, including the estimated acquisition costs for such property, conservation of those properties in perpetuity as required under the MSHCP and the growth projections for new development have now been updated to reflect the current market conditions, as set forth in the mitigation fee nexus report dated May 16, 2011 that was prepared at the direction of the Coachella Valley Conservation Commission ("Commission"), a copy of which is on file in the City Clerk's office; and WHEREAS, pursuant to Article 11, Section 7 of the California Constitution, the City is authorized to enact measures that protect the health, safety and welfare of its citizens; and WHEREAS, pursuant to the Mitigation Fee Act, Government Code sections 66000 at seq., the City is empowered to impose and modify fees and other exactions to provide funding of public facilities in the form of acquired habitat land preserved as a community amenity, and the public services required for conservation of this land in perpetuity in order to mitigate the effect of new development projects; and WHEREAS, all environmental impacts associated with the acquisition and conservation of lands were fully and thoroughly analyzed within the Environmental Impact Report/Environmental Impact Statement prepared and certified for the MSHCP, and the City Council made all appropriate environmental findings at the time that the MSHCP and the associated Implementing Agreement were approved on October 16, 2007. Accordingly, and pursuant to Public Resources Code section 21166 and State CEQA Guidelines Section 15162, no further environmental analysis is required. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. SHORT TITLE. This ordinance shall be known as the "Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan Mitigation Fee." SECTION 2. FINDINGS. City Council finds and determines as follows: 4 058 Ordinance No. 487 Amend Muni Code Title 3, Chapter 3.34 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Adopted: , 2011 Page 3 A. In order to implement the goals and objectives of the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCP") and to mitigate the impacts caused by new development in the city, lands supporting species covered by the MSHCP must be acquired, monitored and managed in order to achieve habitat conservation in perpetuity. B. The local development mitigation fee (the "fee") is necessary in order to supplement the financing of the acquisition of lands supporting species covered by the MSHCP and related public services, and to pay for new development's fair share of the cost of acquisition and perpetual conservation. C. - The appropriate source of funding for the costs associated with mitigating the impacts of new development to the natural ecosystems and covered species within the city, as identified in the MSHCP, is a fee paid for by residential, commercial and industrial development. The amount of the fee is determined by the nature and extent of the impacts from the development to the identified natural ecosystems and the relative cost of mitigating such impacts. D. The fee does not reflect the entire cost of the lands which need to be acquired and perpetually conserved in order to implement the MSHCP and mitigate the impact caused by new development. Additional revenues will be required from other sources. The city finds that the benefit to each development project is greater than the amount of the fee to be paid by that project. E. The use of the Fee is apportioned relative to the type and extent of impacts caused by the development. F. The costs of funding the proper mitigation for natural ecosystems and covered species identified in the MSHCP which are impacted by new development are apportioned relative to the type and extent of impacts caused by the development. G. The facts and evidence provided to and considered by the city council establish that there is a reasonable relationship between the need for acquiring and conserving in perpetuity the natural ecosystems and covered species identified in the MSHCP, and the impacts to such natural ecosystems and species created by the types of development on which the fee will be imposed; and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the Mitigation Fee Nexus Report. H. The fees collected pursuant to this chapter are reasonable and will not exceed the estimated total of cost of the acquisition and perpetual conservation of 059 Ordinance No. 487 Amend Muni Code Title 3, Chapter 3.34 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Adopted: , 2011 Page 4 the lands necessary to protect natural ecosystems and covered species, the plan and schedules for which are set forth in the MSHCP. Conservation of the land shall require monitoring and management beyond the life of the MSHCP permit. I. The fee shall be used to finance the acquisition and perpetual conservation of lands and certain improvements necessary to implement the goals and objectives of the MSHCP. SECTION 3. ADMINISTRATIVE RESPONSIBILITY. The Planning Director of the City shall be responsible for the administration of this Ordinance. Detailed administrative procedures concerning the implementation of this Ordinance may be established and set forth in a resolution adopted by the City Council. SECTION 4. DEFINITIONS. As used in this Ordinance, the following terms shall have the following meanings: "City" means the city of La Quinta, California. "City Council" means the city council of the city of La Quinta, California. "Certificate of occupancy" means a certificate of occupancy issued by the city in accordance with all applicable ordinances, regulations, and rules of the city and state law. "Coachella Valley Conservation Commission" means the governing body established pursuant to the MSHCP that is delegated the authority to oversee and implement the provisions of the MSHCP. "Conservation" means all the actions necessary for the permanent protection of species natural communities and habitat land as required of the Coachella Valley Conservation Commission under the MSHCP including land acquisition, land management, biological monitoring, law enforcement and administration. "Conservation areas" has the same meaning and intent as such term is defined and utilized in the MSHCP. "Credit" means a credit allowed pursuant to Section 3.34.110 of this chapter, which may be applied against the fee paid. "Fee" means the Local Development Mitigation Fee adopted pursuant to the Mitigation Fee Act, Gov.66000 et seq. 1 060 Ordinance No. 487 Amend Muni Code Title 3, Chapter 3.34 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Adopted: , 2011 Page 5 "Final inspection" means a final inspection of a project as defined by the building codes of the city. "Gross acreage" means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road right-of-way and/or legal property lines. "Local Development Mitigation Fee" or "Fee" means the development impact fee imposed pursuant to the provisions of this chapter. "Multiple Species Habitat Conservation Plan" or "MSHCP" means the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan, adopted by the city council on October 16, 2007. "Ordinance" means this Ordinance No. 487 of the City of La Quinta, California. "Project area" means the area, measured in acres, from the adjacent road right-of- way line to the limits of project improvements. Project area includes all project improvements and areas that are disturbed as a result of the project improvements on an owner's gross acreage, including all areas depicted on the forms required to be submitted to the city pursuant to this chapter and/or other applicable development ordinance or regulation of the city. Except as otherwise provided herein, the project area is the area upon which the project will be assessed the local development mitigation fee. "Residential unit" means a building or portion thereof used by one family and containing but one kitchen, which unit is designed or occupied for residential purposes, including single-family dwelling, multiple -family dwellings, and mobile homes on permanent foundations, but not including hotels and motels. "Revenue" or "Revenues" means any funds received by the city pursuant to the provisions of this chapter for the purpose of defraying all or a portion of the cost of acquiring and preserving vegetation communities and natural areas within the city and the region.which are known to support threatened, endangered or key sensitive populations of plant and wildlife species. SECTION 5. LOCAL DEVELOPMENT MITIGATION FEE. To assist in providing revenue to acquire and conserve lands necessary to implement the MSHCP, the fee shall be paid for each residential unit, development project or portion thereof to be constructed within the city. Five categories of the fee are defined and include: (1) residential units, density less than 8.0 dwelling units per acre; (2) residential units, density between 8.1 and 14.0 dwelling units per acre; (3) residential units, density greater than 14.1 dwelling units per acre; (4) commercial acreage; and (5) industrial 061 Ordinance No. 487 Amend Muni Code Title 3, Chapter 3.34 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Adopted: ,2011 Page 6 acreage. Because there can be mixed traditional commercial, industrial and residential uses within the same project, for fee assessment purposes only, the fee which is applicable to commercial or industrial portions shall be sited. If the mixed use occurs on the same parcel, the fee which is applicable to commercial or industrial projects shall be calculated by reference to the project area of the parcel. A fee schedule which contains the fee which is applicable to each of the five fee categories shall be adopted and may, from time to time, be amended by resolution ("resolution"). A. The amount of the local development mitigation fee for a commercial or industrial development project required to be paid shall be based on the acreage to be developed and shall be calculated on the basis of the project area, in accordance with the following: 1. The project area shall be determined by city staff based on the subdivision map, plot plan, and other information submitted to or required by the city. 2. If the difference between the net acreage, as exhibited on the plot plan, and the project area is less than one -quarter acre, the fee shall be paid on the full gross acreage. 3. An applicant may elect, at his or her own expense, to have a project area dimensioned, calculated, and certified by a registered civil engineer or licensed land surveyor. The engineer or land surveyor shall prepare a wet -stamped letter of certification of the project area dimensions and a plot plan exhibit thereto that clearly delineates the project area. Upon receipt of the letter of certification and plot plan exhibit, the city shall review the submitted documents. If the project area dimensions, the letter of certificate and the plot plan are acceptable to the city, the city shall calculate the local development mitigation fee required to be paid based on the certified project area. If the project area dimensions, the letter of certification, or the plot plan are not acceptable to the city, the applicant shall perform such actions as directed by the city in order to resolve any deficiencies perceived by the city. 4. Where construction or other improvements on project area are prohibited due to legal restrictions on the project area, such as Federal Emergency Management Agency designated floodways or areas legally required to remain in their natural state, that portion of the project area so restricted shall be excluded for the purpose of calculating the local development mitigation fee. n62 Ordinance No. 487 Amend Muni Code Title 3, Chapter 3.34 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Adopted: , 2011 Page 7 SECTION 6. IMPOSITION OF THE LOCAL DEVELOPMENT MITIGATION FEE. Notwithstanding any other provision of the city's municipal code, no permit shall be issued for any project except upon the condition that the local development mitigation fee applicable to such project has been paid in accordance with the provisions of this chapter. SECTION 7. PAYMENT OF LOCAL DEVELOPMENT MITIGATION FEE. A. The local development mitigation fee shall be paid in full at the time of the issuance of a .building permit for the project; provided however, that if the City's Municipal code provides for all fees assessed pursuant to the Mitigation Fee Act to be collected at a later time, then the fee collected pursuant to this chapter shall be collected at the same time as that mandated by the City's Municipal Code for the payment of all such other fees. B. In no event shall a final inspection be made or a certificate of occupancy be issued prior to full payment of the fee. C. The fee shall be assessed one time per lot or parcel, except in cases of the construction of additional residential units, subsequent development of portions of a commercial or industrial parcel for which the fee was not originally collected, or changes in land use the additional fee required to be paid in the case of such exception shall not include the amount of any previously paid fee for that parcel. No refunds shall be provided for changes in land use to a lower fee category. It shall be the responsibility of the applicant to provide documentation of any previously paid fee. D. The local development mitigation fee required to be paid under this chapter shall be the fee in effect at the time of payment. E. There shall be no deferment of the fee beyond final inspection or issuance of certificate(s) of occupancy. F. Notwithstanding anything in the city's municipal code, or any other written documentation to the contrary, the local development mitigation fee shall be paid whether or not the project is subject to conditions of approval by the city imposing the requirement to pay the fee. G. If all or part of the project is sold prior to payment of the local development mitigation fee, the project shall continue to be subject to the requirement to pay the fee as provided herein. 063 Ordinance No. 487 Amend Muni Code Title 3, Chapter 3.34 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Adopted: , 2011 Page 8 H. For projects which the city does not require a permit, final inspection or issuance of a certificate of occupancy, the fee shall be paid prior to any use or occupancy. I. For purposes of this chapter, congregate care residential facilities and recreational vehicle parks shall pay the commercial acreage fee. SECTION 8. REFUNDS. A. Except as provided in Section 8B, there shall be no refund of all or part of any Fee paid under this Chapter, except in cases of overpayment or miscalculation of the applicable fee. B. Collection of the fee associated with the Fringe -toed Lizard Habitat Conservation Plan (FTL HCP) ceased upon issuance of the MSHCP permit. Project that paid the FTL HCP fees are required to pay the Local Development Mitigation Fee but may obtain a refund of the FTL CHP fee from CVCC. Refunds shall be granted subject to the rules and regulation established by the Coachella Valley Conservation Commission. SECTION 9. COLLECTION, ACCOUNTING AND DISBURSEMENT OF LOCAL DEVELOPMENT MITIGATION FEES. A. Subject to the provisions of this section, all fees collected pursuant to this chapter shall be collected, administered and remitted for deposit into the account established therefore, to the Coachella Valley conservation commission in compliance with all applicable policies and procedures of the purpose of the Commission monthly. The fees will be expended solely for the purpose of Conservation of the vegetation communities and natural areas within the city and the region which support species covered in the MSHCP in accordance with the plans and schedules set out in the MSHCP and the policies that have or may be adopted pursuant thereto. B. The city may recover the costs of administering the provisions of this chapter using the revenues generated by the fees, in an amount and subject to the rules and regulations established by the Coachella Valley conservation commission. SECTION 10. AUTOMATIC ANNUAL FEE ADJUSTMENT. The fee established by this chapter shall be revised annually by means of an automatic adjustment at the beginning of each fiscal year based on the average percentage change over the previous calendar year set forth in the Consumer Price Index for "All Urban Consumers" in the Los Angeles -Anaheim -Riverside Area, measured as of the month of December in the calendar year which ends in the previous fiscal year. The first 064 Ordinance No. 487 Amend Muni Code Title 3, Chapter 3.34 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Adopted: , 2011 Page 9 fee adjustment shall not be made prior to a minimum of ten months subsequent to the effective date of the ordinance codified in this chapter. SECTION 11. EXEMPTIONS. The following types of construction shall be exempt from the provisions of this Ordinance: A. Reconstruction of a residential unit or commercial or industrial building damaged or destroyed by fire or other natural causes. B. Rehabilitation or remodeling to an existing residential unit, commercial or industrial building, and additions to an existing residential unit or commercial or industrial building. C. A second Residential Unit, constructed on residentialproperty previously developed with a single-family dwelling, and meeting all state and City requirements for such units. D. Existing improvements that are converted from an existing permitted use to a different permitted use, provided that no additional area of the property is disturbed as a result of such conversion. E. Projects for which the City is restrained by law from collecting the Fee due to a Development Agreement or vested tentative map entered into with or issued by the City prior to October 1, 2008. F. Construction of a family residential unit upon property wherein a mobile - home, installed pursuant to an installation permit, was previously located prior to the effect date of this Ordinance. G. Guest dwellings as defined in Section 9.280.030 of the municipal code. H. Additional single family residential units located on the same parcel pursuant to the provisions of any agricultural zoning classifications set forth in Section 9.140.070. I. Kennels and catteries established in connection with an existing single-family residential unit. J. Projects are exempt from paying the fee provided they meet each of the following three conditions: 1. Completion of required infrastructure improvements including, but not limited to, underground utilities, exterior project area walls, streets and curbs and 065 Ordinance No. 487 Amend Muni Code Title 3, Chapter 3.34 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Adopted: , 2011 Page 10 issuance of at least one building permit for a discrete primary structure, such as a single family home, prior to October 1, 2008 (date of MSHCP Permit Approval). 2. Continuous construction activity since October 1, 2008 as demonstrated by issuance of a building permit for a discrete primary structure and/or a certificate of occupancy permit for a discrete primary structure in each six month period between October 1, 2008 and April 1, 2011. 3. City registration of the Project and proposed lots to be exempted, in accordance with CVCC procedures, by September 1, 2011. Projects not meeting the standard exemption criteria above, that made verifiable payments, as part of a legal settlement, to specifically fund acquisition of habitat for a species listed as "endangered" under the federal Endangered Species Act are required to pay the LDMF but are eligible to receive a refund, on a pro rate per acre basis based on the actual acreage being assessed the LDMF. Any such Projects and proposed lots to be exempted must be registered in accordance with CVCC procedures by September 1, 2011. SECTION 12. FEE CREDITS. The City may grant to owners or developers of real property, a Credit against the Fee that would otherwise be charged pursuant to this Ordinance, for the dedication of land within a MSHCP Conservation Area, provided, however, that no Credit shall be given unless (A) the dedication is secured by a conservation easement acceptable to a grantee legally authorized to accept and hold such easements pursuant to Civil Code § 815.3 or pursuant to other legal instrument that ensures the area will be conserved in perpetuity; (B) the land to be dedicated is appropriate for conservation and dedication thereof is consistent with and furthers the goals of the MSHCP; and (C) the dedication and Credit complies with all procedures and policies of the Commission. The amount of the Credit granted shall be determined by an estimate of the fair market value of the land dedicated. Any Credit granted by the City shall be given in stated dollar amounts only. An applicant for a proposed Project may apply for Credit to reduce the amount of the Fee required to be paid prior to approval of the Project. Any Credit granted and the amount of the Fee to be paid shall be included as a condition of approval of the Project. However, if an applicant has already received approval from the City and has not previously applied for a Credit to reduce the amount of the Fee required to be paid, an applicant may apply for such Credit at any time prior to issuance of a grading permit for the Project and any Credit granted shall in that case be included as a condition of approval of the grading permit issued for the Project. 066 Ordinance No. 487 Amend Muni Code Title 3, Chapter 3.34 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Adopted: , 2011 Page 11 SECTION 13. SEVERABILITY. This Ordinance and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid, the remainder of this Ordinance shall not be affected thereby. If any part, sentence, paragraph, section, or clause of this Ordinance, or its application to any person entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section, or clause of this Ordinance, or person or entity; and shall not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or clauses of this Ordinance, or its application to other persons or entities. The City Council hereby declares that this Ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this Ordinance not been included herein; or had such person or entity been expressly exempted from the application of this Ordinance. SECTION 14. EFFECTIVE DATE. This Ordinance shall take effect September 1, 2011, however; in no event shall this Ordinance take effect prior to sixty (60) days after the date of its adoption. SECTION 15. REPEALED. Ordinance 453 is hereby repealed on the effective date hereof and all prior Ordinances adopting the Local Development Mitigation Fee are hereby repealed to the extent that they are inconsistent with the provisions of this Ordinance. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the _ day of July, 2011, by the following vote: AYES: Council Members NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California 067 Ordinance No. 487 Amend Muni Code Title 3, Chapter 3.34 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Adopted: , 2011 Page 12 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California •: Ordinance No. 487 Amend Muni Code Title 3, Chapter 3.34 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee Adopted: , 2011 Page 13 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) 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. 487 which was introduced at a regular meeting on the 21 st day of June 2011), and was adopted at a regular meeting held on the _ day of July 2011, 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, 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 MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Thomas P. Genovese, City Manage FROM: Maria Casillas, Marketing/Economic Development Manag-;?� DATE: September 1, 2011 SUBJECT: Desert Classic Concours d'Elegance A few days ago, while viewing the Desert Classic Concours d'Elegance official website, staff learned that the Concours will not be held in the City of La Quinta. The main car show was initially scheduled to take place at the La Quinta Resort & Club on Sunday, February 26, 2012. The event has been scheduled outside of La Quinta and will now take place at the Westin Mission Hills Country Club in Rancho Mirage. Staff contacted Concours officials immediately to confirm the change in venue. After a few attempts, staff heard back from the Concours and Mr. Paul Merrigan confirmed the move to Rancho Mirage for the main car show. Mr. Merrigan indicated that they have not completed plans for all their programs/activities and are still looking at holding an event in La Quints, possibly on Saturday, February 25, 2012. He understands that the City's offer of sponsorship was contingent upon the Desert Classic Concours d'Elegance main car show being held in La Quints. Staff advised that future requests for sponsorship would necessitate submitting a new request for Council's review. Today, at the La Quinta Marketing Committee meeting, the La Quinta Resort & Club confirmed that they learned directly from the Westin Mission Hills Country Club of the Concours' final decision to move to Rancho Mirage. The City/Concours contract had not been fully executed due to lack of signatures from the Concours and submittal of insurance certificates. Should you have any questions, please feel free to contact me. COUNCIL/RDA MEETING DATE: JUIv 5, 2011 ITEM TITLE: Approval of a Professional Services Agreement with the Desert Classic Concours d'Elegance RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement ("PSA") with the Desert Classic Concours d'Elegance in the amount of $10,000, and authorize the City Manager to execute the PSA. FISCAL IMPLICATIONS: If approved, the contract sum of $10,000 will be funded via the Concours d'Elegance Account (#101-1003-413.33-33). The event is expected to generate sales tax and also other revenues, such as transient occupancy tax. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The Desert Classic Concours d'Elegance intends to bring economic and promotional benefits to the City of La Quinta. BACKGROUND AND OVERVIEW: The Desert Classic Concours d'Elegance is a classic car exhibition being hosted at the La Quinta Resort & Club on February 26, 2012. The 2011 series of events spanned a full week in an effort to increase exposure and gain additional spectators. Events included: The Desert Classic Races at Chuckwalla Valley Raceway; a Vintage Car Show (held outside La Quinta); a 2011 Preview Party; "The Tour starting at Old :1 070 Town La Quinta; and the Desert Classic Concours d'Elegance (car show) & Vintage Car Auction (main events). If the main events do not take place, or if they take place in another city, the City of La Quinta is not required to pay the Concours the $10,000 sponsorship. In addition, all car sales are required to occur in La Quinta. As reported by event organizers, attendance for the 2011 classic car show and auction was 4,800 while total attendance reached 12,100 for all Concours-related events. More than 65 'national and international media representatives attended the 2011 Concours, garnering the event print, online, and broadcast coverage. Event organizers are looking to further expand their schedule of events and expect to see increased attendance from spectators and exhibitors in 2012. The Concours is a 501(c)(3) non- profit organization and net proceeds are distributed to charitable organizations. In May 2011, staff received a report from the Concours d'Elegance which contained a request for funding in the amount of $10,000. A few key pages from that report are attached for Council's reference (Attachment 1). On June 21, 2011, the City Council considered the City of La Quinta Preliminary Budget for Fiscal Year 201 1 /2012, and funded the Concours at $10,000. Staff, in consultation with the Concours, has prepared a Professional Services Agreement (Attachment 2) for Council's consideration. The following key items have been incorporated: 1) Concours will submit detailed marketing and media plan to City. 2) City shall receive guaranteed advertising and promotional benefits as part of Concours marketing, advertising, and media efforts. 3) City shall receive additional benefits related to event tickets, on -site activities, and VIP event attendance. 4) La Quinta businesses shall be granted opportunities to participate in main event and activities leading up to main event. 5) Concours shall work with key non-profit organizations, e.g., La Quinta Chamber of Commerce and La Quinta Arts Foundation. 6) Concours to report 2012 event attendance information to City. Upon Council approval, the City Manager will execute the attached Professional Services Agreement with the Desert Classic Concours d'Elegance. 'I oil FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with the Desert Classic Concours d'Elegance in the amount of $10,000, and authorize the City Manager to execute the Agreement; or 2. Do not approve a Professional Services Agreement with the Desert Classic Concours d'Elegance; or 3. Provide staff with alternative direction. Respectfully submitted, � c Mari Casillas Mar eting/Economic Development Manager Approved for submission by: Thomas P. n v i n Genovese, ese, City Manager Attachments: 1. Key pages from Desert Classic Concours d'Elegance report 2. Professional Services Agreement with the Desert Classic Concours d'Elegance 02 ATTACHMENT 1 i May 10, 2011 Thomas P. Genovese RECEIVED City Manager City of La Quinta MAY 10 2011 P. 0. Box 1504 La Quints, CA 92247 CITY OF IA OUINTA CITY MANAGER'S OFFICE Dear Mr, Genovese, The Desert Classic Concours d'Elegance is proud of its association with the City of La Quinta and appreciative of the continued support that the City has provided. The 2011 edition, the second year to be held in the City of La Quints, attracted considerable interest from car enthusiasts, media representatives and others. Articles and photos have appeared online and in widely distributed magazines such as Motor Trend, Auto Week and Hemmings Motor News. The photos and coverage of the Desert Classic Contours d'Elegance is certain to draw attention and visitors to the City of La Quints. The response we received from Exhibitors, Sponsors and Spectators was overwhelmingly positive. The series of events was expanded this year to add additional interest and attract more attention and participation. Our tribute to "100 Years of Indy 500 Race Cars", in honor of 100°i anniversary of the Indianapolis 500 this year; was extraordinary. One respected automotive journalist wrote "this year's Desert Classic had the one of the finest collection of historic Indianapolis 500 cars ever seen". The $10,000 that the City of La Quinta provided the 2011 event enabled us to increase our marketing and advertising budget and to reach -out to a broader audience. The extensive marketing and promotion provided by the City also greatly benefited the event, attracting additional attention and exposure. These marketing efforts helped to draw the most important classic car collectors and enthusiasts who will ensure -the continued success and growth of the event for future,years. We respectfully ask you to consider funding for the 2012 Desert Classic Contours d'Elegance at a level equal to or greater than what you generously provided for the 2011 event. We are currently working with the La Quinta Resort to finalize plans for 2012. We will again expand our schedule of events and hope to attract a larger audience. Funding from the City of La Ouinta will enable us to increase our marketing campaign and to bring economic benefit and recognition to the businesses and residents of the City. Thank you for your support. We look forward to working with you, City Staff, and the Mayor and City Council, to continue to improve and expand on the success of the Desert Classic Contours d'Elegance in 2012. Sincerely, Paul Merrigan Founder/Chairman. Reed Hellyer Executive Director 073 2022 EVENT RECAP OVERVIEW Each year, the Desert Classic Concours d'Elegance continues to grow, adding additional events to attract more people and create interest and excitement. In 2011, the series of events was extended to a full week with the addition of The Desert Classic Races at Chuckwalla Valley Raceway the weekend preceding the Concours d'Elegance. The races were held in partnership with the Vintage Auto Racing Association (VARA), the largest historic auto racing association in the country. More than 200 vintage cars competed in a series of races at this recently opened track. Although spectator amenities are limited at this time, the weekend races attracted more than 2000 spectators and participants. To increase exposure and gain additional spectators, The Desert Classic partnered with Palm Springs Modernism Week to produce the annual Modernism Week Car Show. Already an established event held in conjunction with the world- renowned Modernism Week, the event was upgraded and moved to an outdoor site adjacent to the Palm Springs Convention Center. Very successful, the event will continue to grow and provide promotion for the Desert Classic. To expand on the Concours d'Elegance and Tour, a Vintage Car Auction was added to the weekend schedule. Conducted by the established Canadian auction company, EG Auctions, the auction took place during the Sunday Concours d'Elegance. Approximately 70 cars were included in the auction. A preview party was held in Old Town La Quinta on Friday night preceding the Auction. The public was Invited to this free event and VIP guests were provided complimentary food and wine. Well received, the auction demonstrated that there is considerable potential for an expanded auction in conjunction with the Concours d'Elegance. 2011SPONSORS/PARTNERS Presenting Sponsor • La Quinta Resort & Club Premier Sponsors • City of La Quinta • Don & Carol Murray • Mercedes Benz Classic Center Sponsors • Cadillac • Tesla • Southern CA Automobile Club (AAA) • Morgan Stanley, The Cypress Group Partners • Motor Trend Classic • Palm Springs Life • Fiat • Nissan • EG Auctions • Riverside Automotive Museum Support From • Vintage Auto Racing Assoc • Chuckwalla Valley Raceway • Old Town La Quinta • Cuistot Restaurant • La Quinta Chamber of Commerce • Palm Springs Modernism Week • Meguiar's • Crater Lake Vodka • Monte de Oro Winery • Signature Party Rentals • Desert Portables 074 SCHEDULE OF EVENTS SATURDAY, FEBRUARY 19 & SUNDAY, FEBRUARY 20 The Desert Classic Races Chuckwalla Valley Raceway, Desert Center Co -sponsored by the Vintage Auto Racing Association (VARA) MONDAY, FEBRUARY 21 Palm Springs Modernism Week Vintage Car Show 1:00pm—4:00pm: Palm Springs Convention Center Free Public Event FRIDAY, FEBRUARY 25 Preview Party: The Desert Classic Vintage Car Auction, presented by EG Auctions 5:00pm - 8:00pm: Old Town La Quinta, La Quinta Free Public Event SATURDAY, FEBRUARY 26 The Desert Classic Tour 8:00am — 9:30am: Old Town La Quinta, La Quinta 12:00pm — 2:30pm: Cuistot Restaurant, El Paseo, Palm Desert Free Public Event Opening Reception 6pm - 9pm: La Quinta Resort & Club, La Quinta SUNDAY, FEBRUARY 27 The Desert Classic Concours d'Elegance presented by La Quinta Resort & Club & The Desert Classic Vintage Car Auction by EG Auctions 10:00am-4:00pm: La Quinta Resort & Club, Mountain Golf Course, La Quinta EVENT ATTENDANCE Event Date Event Name Number of Participants Feb. 19 & 20 Desert Classic Vintage Car Races- Chuckwalla Valley Raceway 2,000 Feb. 21 Desert Classic Modernism Week Car Show- Palm Springs Convention Center 1,500 Feb. 25 Desert Classic Vintage Car Auction Preview- Old Town La Quinta 1,500 Feb. 26 The Tour- Old Town La Quinta 900 Feb. 26 The Tour- El Paseo, Palm Desert 1000 Feb. 26 Opening Reception- La Quinta Resort 400 Feb. 27 Concours d'Elegance & Vintage Car Auction- La Quinta Resort, Mountain Course 4,800 Total Event Attendance 12,100 075 ECONOMIC IMPACT Total Estimated Visitor Revenue Generated: $1,100,000 • Lodging: $277,000 • Visitor Spending: $825,000 LODGING (Revenue from La Quinta Resort and estimates): $277,000 City of La Quinta Hotel Rooms Occupied: La Quinta Resort & Club: 196 room nights • Total Room Revenue Generated: $25,000. Total # of Guests staying at the Resort: 375. La Quinta Resort was fully occupied Saturday, Feb. 26 & Sunday, Feb. 27. Homewood Suites: • Overflow for La Quinta Resort: Hotel fully occupied. Room block held for Desert Classic. Estimate 80 room nights connected to the Desert Classic. Revenue: $12,000 Embassy Suites: • No official room block, however the hotel was fully occupied and some guests of the Desert Classic did reserve rooms. Additional Hotel Rooms outside City of La Quinta: • Approximately 3000 visitors from outside the Coachella Valley attended events associated with the Desert Classic Contours d'Elegance. We estimate that an additional 1500 people stayed at hotels or rental units in the Coachella Valley outside of the City of La Quinta, resulting in approximately 1200 room nights. At an average room rate of $199, the room revenue generated was $240,000. We estimate that the remaining visitors either stayed in private residences or made a day trip to the event. Visitor Spending (excluding lodging): $825,000 3000 Outside Area Visitors x 1.5 days @ $150 day = $675,000 2000 Local Visitors x 1 day @ $75 day = $150,000 Total Visitor Spending Revenue Generated: $825,000 076 EVENT DEMOGRAPHICS 2011 Concours Spectators z Southern CA - outside Valley (40%) s Coachella Valley (40%) Central/Northenn CA (8%) o Other States-12 (6%) Canada/Europe (6%) 2011 Concours Exhibitors Southern CA - outside Valley(65%) Coachella Valley (20%) Central/Northem CA (5%) Other States- 8 (10%) Demographic Overview of Spectators: Avid car enthusiasts, who are well educated, well established, willing to spend money to support their interest in classic automobiles and other luxury goods. • College educated • A combined annual Income in excess of $150,000 • Age: 40 and above • Own their home, townhouse and/or condominium • Have an appreciation for luxury Items Demographic Overview of Exhibitors: , Similar to the typical spectator, however the average age is 60 and above and annual income substantially higher, in excess of $300,000 with average net worth more than $2,000,000. 077 2011 Media Partners Motor Trend Classic Palm Springs Life v Media Exposure More than 65 Media representatives attended the 2011 Desert Classic Concours d'Elegance and articles appeared in national & international publications, both in print and on-line, reaching millions of people world- wide. Publications included: • Hemmings Motor News • Palm Springs Life • Vintage Racecar • Auto Week • Motor Trend Classic • Veloce Today • Auto Events Veloce Today Desert Classic Contours d'Elegance Continues to Impress By Michael Lynch, March 2011 "The entry continues to be among the most diverse of the great American concours....We cannot ignore that this year's Desert Classic had the one of the finest collection of historic Indianapolis 500 cars ever seen... The show continues to gain prestige among collectors and spectators, as well garnering the accolades of the motoring press." Motor Trend A Walk Through the 2011 Desert Classic Concours d'Elegance By Matt Stone, Senior Editor, March 2011 "La Quinta, California, rightly calls itself the Gem of the Desert. Indeed. This resort town lies just down the road from Palm Springs, and is well known for a world famous hacienda style resort, many fine residential communities, a charming "old town," lots of golf, and now an outstanding weekend for classic car lovers. The show is held on the "Mountain" portion of La Quinta Resorts golf course, and short of Pebble Beach, you couldn't ask for a finer place for a top notch car show." I-]eTmings Hemmings Motor News Desert Classic Concours 2011 By Arny Barer, June 2011 "In its fourth year, the Concours is rapidly approaching a place in the first tier of competitive events. Warm weather, the towering Imperial Palms and spectacular view from the magnificent La Quinta Resort venue, together with the almost inexhaustible availability of blue- chip vehicles in the area, combine to aid its progress.... Once again, the already great Desert Classic seems to have delivered a perfect dose of automotive bliss in the winter months." RE ATTACHN4ENT 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and THE DESERT CLASSIC CONCOURS D'ELEGANCE ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consu►tant shall provide those services related to marketing, advertising, public relations, and economic development as specified in the "Concours d'Elegance Marketing Efforts & Media Plan/City of La Quinta Benefits" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). The Desert Classic Concours d'Elegance, a premier car exhibition, shall take place February 26, 2012 at the La Quinta Resort & Club in La Quinta, California. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 979 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Ten ThousandDollars ($10,000) (the "Contract Sum"), except as provided in Section 1.6. All payents by the City are contingent upon the Concours d'Elegance car show and car auction taking place within the City. If for any reason, these events are not held within the City, Consultant shall immediately return any funds paid by the City. 2.2 Method of Payment. City shall issue a total of two equal payments to Consultant during the term of this Agreement in accordance with Exhibit "B" (the "Schedule of Compensation"). The two equal payments shall not exceed Contract Sum. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 01 3.4 Term. The term of this agreement shall commence on October 1, 2011, and terminate on April 15, 2012. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Reed Hellyer, Executive Director b. Paul Merrigan, Founder/Chairman It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-:Vl: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Workers' Compensation (per statutory requirements) Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall .be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.3 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds and to require all contractors and subcontractors to do likewise. ME, 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 INDEMNIFICATION. 6.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an 087 employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 7.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not MW• disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 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 8.7. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and "90 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. 8.6 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. 8.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3. 8.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.9 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. 09 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: THE DESERT CLASSIC CONCOURS UELEGANCE Attention: Reed Hellyer, Executive Director and/or Paul Merrigan, Founder/Chairman 78-365 Highway 111, #258 La Quinta, CA 92253 n92 10.2 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. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Am, CONSULTANT: THE DESERT CLASSIC CONCOURS WELEGANCE By: _ Name: Title: Date: MM Exhibit A Scope of Services Concours d'Elegance Marketing Efforts & Media Plan City of La Quinta Benefits Cooperative Marketing Efforts 1. The Desert Classic Concours d'Elegance ("Concours") and the City of La Quinta ("City") shall cooperatively work to promote the Concours as a premier car exhibition ("event") and the City of La Quinta as a premier resort destination. 2. Efforts shall include utilization of both the www.DesertConcours.com and www.PlayinLaQuinta.com websites. Each website shall have direct links to the other. Both Concours and City shall use its best efforts to increase attendance and expand the reach of event promotion. 3. City to promote Concours via its own marketing efforts including, but not limited to: City newsletter, Gem (City pages), La Quinta Area Events brochure, 2012 City Calendar, Community Services e- newsletter, City Facebook page, and tourism e-mail blast. 4. City to consider utilizing City -owned electronic message boards along Highway 1 1 1 and Washington Street to promote event. 5. Concours shall utilize opportunities available to promote event through La Quinta Chamber of Commerce, Old Town La Quinta, and Palm Springs Resort Communities Convention and Visitors Authority (CVA) as well as Concours website, e-newsletter, and Facebook page. 6. Concours, to work with key event organizers such as La Quinta Chamber of Commerce, La Quinta Arts Foundation, La Quinta Rotary, and the CVA to increase event visibility, leverage City sponsorships, implement effective cooperative strategies, and attract more people to stay/play and shop/dine in La Quinta. Promote new and current events and explore support for current events. Partner with other events to increase Concours visibility. 7. La Quinta Resort & Club to assist with marketing and promotion through public relations efforts as well as through La Quinta Resort website and e-newsletter. 8. Concours to work with La Quinta Chamber of Commerce to promote event and solicit participation from La Quinta businesses: Chamber to receive a list of Concours vendor and business needs to assist in identifying La Quinta-based businesses that can be utilized for those services. 095 • All Chamber members shall be invited to participate in event's Vendor Exposition area on the Concours site. • Concours to support and participate in the Chamber of Commerce Car Show in January2012. 9. Concours to work with La Quinta Arts Foundation: La Quinta Arts Festival shall be featured in Concours e- newsletter. Concours to provide a La Quinta Arts Foundation link on Concours website. • La Quinta Arts Festival rack cards shall be included in Concours entrants packets. • Concours shall offer La Quinta Arts Foundation a 10' x 10' vendor tent on Concours show grounds on day of event; La Quinta Arts Foundation to be charged only for tent rental fee and any other actual costs. La Quinta Arts Foundation efforts to support the Concours will entail a call out to volunteers, possible purchase of an advertisement in the Concours program guide, and placing Concours literature (and possibly a car) at Art Under the Umbrellas events of January 2012 and February 2012 as space permits. 10. Concours to work with Old Town La Quinta on various events leading up to the Concours: Tour Classique on February 25, 2012 from 8:00 a.m. to 10:30 a.m. to be held at Old Town La Quinta. Display of up to 100 automobiles participating in the Tour. Public invited to view the cars on display; no charge to attend. Certified Farmers Market car displays. Concours shall provide classic cars to be placed on "The Green" during Farmers Markets leading up to the Concours. 11. Concours to consider holding promotional events outside La Quinta Village leading up to the Concours. La Quinta business locations to be agreed upon by Concours and City. All car auction and sale effects associated with the Concours shall occur within the City. 12. Concours to report event attendance information to City within 45 days of event date, which is February26, 2012: • Concours to provide City with ticket sales information (i.e., number of tickets sold or given in advance of event) • Concours to provide City with number of tickets sold at gate on day of event • City, at its own discretion, to validate event attendance by arranging for attendance count at gate on day of event. 096 Concours Media & Advertising Plan 1. Concours shall submit to City its detailed Media & Advertising Plan by Decemberl6, 2011. 2. Said Concours Media & Advertising Plan shall outline public relations plan, media purchases, advertising venues, run dates/frequency, size of advertisements, and length of radio/TV commercials. 3. Concours advertisements, radio spots, television commercials, e-mail blasts, online promotions, signage, and other marketing -related tangibles shall display City logo and/or mention City along with La Quinta — "Gem of the. Desert" tagline or other tagline phrase developed by City. 4. City shall provide Concours a set of graphic guidelines outlining use of City logos, scripts, photography, text, and dimensions of graphic elements. 5. Concours advertisements, radio spots, television commercials, signage, and other marketing -related tangibles that display City logo or mention City tagline shall be submitted to City for review and comment with at least a two -working day turnaround time. Marketing Benefits to City Public Relations 1. Concours public relations firms (in Los Angeles and Coachella Valley) will target local, regional, and State-wide media/markets. 2. Monthly press releases will be distributed via PR Newswire and other sources. City will be mentioned as a premier sponsor on all press releases and material, and will be promoted as premier resort destination. Television 1 . Concours will include City logo or City mention as a premier sponsor in television commercials, promotions, advertisements, and on -air mentions. 2. If a Concours television spot is produced promoting the event, City logo or City name will be graphically shown as a premier sponsor; City shall have the option to develop a "tag phrase" that shall be incorporated into Concours television spot. 097 Radio Print 3. Include City logo, City as premier sponsor, or City "tag phrase" in all Time Warner Cable advance publicity spots on cable television, including those being expanded to San Diego market. 4. Mention City as premier sponsor in all related television interviews; for example, interviews on "Eye of the Desert." 1. City name will be mentioned as a premier sponsor in all local, regional, and national radio commercials, promotions, advertisements, and on - air mentions run by the Concours. For Concours-produced radio commercials, advertisements, and promotions, the City shall have the option to develop a City "tag phrase" that shall be incorporated into Concours radio spot. 2. For all live remotes scheduled in the City prior to or during the Concours, City name will be mentioned as a premier sponsor. 3. Radio interviews shall include interview with the Mayor or a City representative to the extent possible. 4. Interviews and appearances conducted in advance of the event on local radio and nationally broadcast Road & Track Speed Radio shall mention City as a premier sponsor, and City shall have the option to develop a City "tag phrase" that shall be incorporated into Concours radio spot. 5. City shall provide Concours promotional highlights of City for mentions on local radio stations such as KJAZ and JACK FM, which offer extensive pre -event publicity via popular DJs like Jim "Fitz" Fitzgerald 1. City logo or City name as a premier sponsor shall appear on all printed local, regional or national advertisements to be run by Concours. As an alternative, the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible. 2. City logo or City name as a premier sponsor shall appear on all local, regional, and national publications that Concours advertises in. As an alternative, City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible. 3. City name as a premier sponsor shall be mentioned in any editorials arranged in advance in lifestyle publications and automotive magazines (regionally and nationally) as well as local editorial opportunities with The Desert Sun and Palm Springs Life. 4. Desert Classic Concours d'Elegance event program: City is entitled to a one -page, full color advertisement that will promote the City of La Quinta; City to provide camera-ready art work. 1•e' Program ad placement will be traded with other Concours d'Elegance events and up -scale Art and Car Auctions (i.e., Concours will cross promote with events such as Rancho Palos Verdes Concours and Art Auction in Monterey). Advertising in event program shall be made available to local businesses. Each ticket holder at Concours shall receive event program, and program shall be distributed to sponsors and others. Throughout the year, program shall be mailed to businesses and media across the United States as part of a sponsorship solicitation packet. 5. City logo or City name as a premier sponsor shall be displayed on official event poster and flyer. As an alternative, City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible. 6. City logo or City name as a premier sponsor shall be displayed on a variety of signage prepared for the event to increase its awareness, including: directional signs, on -site and off -site banners, and any other signs throughout the City. 7. Local businesses shall be given opportunity to participate and promote the event through display of event posters and flyers. Web/Online/Electronic 1. There will be an active link to get to the City's tourism website (www.PlayinLaQuinta.com) directly from the Concours website (www. DesertConcours. com). 2. City will have a prominent position on Concours website from November 2011 through February2012, which may include an active banner. The banner will have a direct link to the City's tourism website. 3. La Quinta Resort & Club and Desert Classic Concours websites shall be used to promote the event and create links with other organizations. 4. Car Clubs and other auto -related organizations located regionally and in the other target markets shall be targeted for e-mail campaigns. 5. Concours shall work with the CVA to maximize on-line reach and exposure outside the Coachella Valley. 6. Concours and City shall work cooperatively to utilize electronic marketing, including but not limited to e-mail blasts to increase marketing of Concours and City. 099 Special Events & Added City Benefits 1. City shall be entitled to a tent on the Concours show grounds on day of event for any promotional or hospitality purposes as desired by City. 2. City shall receive 50 Concours d'Elegance tickets for distribution pursuant to the City's Ticket Distribution Policy. Each ticket entitles ticket holder to admission to car exhibition on February 26, 2012. 3. City shall receive up to six VIP parking passes for day of car exhibition on February 26, 2012 for distribution pursuant to City's Ticket Distribution Policy. 4. City shall receive 12 invitations to Opening Reception on February 25, 2012 for distribution pursuant to the City's Ticket Distribution Policy. 5. The Concours d'Elegance car show and car auction shall take place within the City. MMI Exhibit B Schedule of Compensation Two equal payments shall be issued in accordance to payment schedule set forth below. Compensation for work under this Agreement shall not exceed Contract Sum of Ten Thousand Dollars ($10,000). Amount Deliverables Date $5,000 Pre -event marketing, advertising, January 3, 2012 and public relations/progress payment $5,000 Event marketing, advertising, February 3, 2012 and public relations All payents by the City are contingent upon the Concours d'Elegance car show and car auction taking place within the City. If for any reason, these events are not held within the City, Consultant shall immediately return any funds paid by the City. 101 4 QN&M AGENDA CATEGORY: OF9 BUSINESS SESSION: _ COUNCIL/RDA MEETING DATE: July 5, 2011 CONSENT CALENDAR: ITEM TITLE: Approval of a Contract for Deposit of STUDY SESSION: Monies with RaboBank N.A. PUBLIC HEARING: Approve a Contract for Deposit of Monies with RaboBank N.A. (Attachment 1) and authorize the City Manager and the City Treasurer to execute the contract. FISCAL IMPLICATIONS: The account would serve as a short term investment account with same day access to funds similar to the Local Agency Investment Fund (LAIF) maintained by the State of California. The maximum amount of the account would be $40 million and is currently paying 10 basis points higher interest rate than LAIF. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVI RaboBank is offering a money market account that is indexed directly to the monthly LAIF rate. Every month on the 15th, RaboBank will reset the Money Market Rate to equal the previous month's LAIF rate plus 10 basis points. Effective June 1 st, this will equate to 0.588% (April's rate) + .10% or 0.688% on all funds kept in the Money Market Account. On June 15th the rate will reset to equal May's monthly LAIF rate plus 0.10%. • Asa money market account, funds are restricted to only 6 withdrawals per month. • Funds are collateralized 110% as per state law. The collateral is held by our trustee, Union Bank and monitored by the California Department of Financial Institutions. • Interest will be paid monthly, as opposed to Quarterly by LAIF. Interest is paid on 102 deposits on the 1st of the month for the prior month. Accounts must remain opened as of the last day of the month to receive interest for the prior period. • Account must maintain an average collected balance of $50,000 for the month to avoid a $25 maintenance fee. Maximum deposit amount is $50 million. • Other public entities currently depositing funds into this account include Butte County, Imperial County, Kern County, San Luis Obispo County, Kings County, Tulare County, Fresno County, Madera County, Merced County, San Joaquin County, City of Bakersfield, City of Visalia, City of Fresno, City of Merced and City of Palm Desert among others. The Fiscal Year 201 1 /2012 Investment Policy has the following parameters for this type of investment: The City Treasurer may invest in an interest bearing active bank deposit account collateralized by 110% of eligible securities in accordance with State Codes. The account would be limited to $40 million. While the State Code allows 100% of the portfolio to be invested the City Policy is more restrictive at 60% of the portfolio. The investment parameters for this collateralized bank deposit program are the same as the Local Agency Investment Fund (LAIF). In addition to the contract the City will also furnish the following information: • The Tax ID # for the City. • A letter on City letterhead listing who the authorized signers on the account (the City Manager and City Treasurer) will be along with their original signatures and signed by the Treasurer. • Each signer will need to provide his or her Driver's License number, the issue date and the expiration date so the signer can be identified by the bank. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract for Deposit of Monies with RaboBank N.A. and authorize the City Manager and the City Treasurer to execute the contract; or 2. Do not approve a Contract for Deposit of Monies with RaboBank N.A.; or 103 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas. P. Genovese, City Manager Attachment: 1. Contract for Deposit of Monies 104 ATTACHMENT 1 Contract For Deposit of Monies Rabobank THIS CONTRACT, relating to the deposit of monies, made as of July 5. 2011, between Thomas P. Genovese City Manager and John M. Falconer, City Treasurer, (hereinafter designated "Treasurer") acting in his or her official capacity as Treasurer (Treasurer, Finance Director, etc.), of the City of La Quinta. CA (hereinafter designated "Depositor"), and RABOBANK, N.A., (hereinafter designated Depository), having a shareholder's equity of Two Billion One Hundred Thirty Five Million Seven Hundred Ninety Thousand Nine Hundred Forty Six Dollars ($2,135,790,946) as of 12/31/2010. WITNESSETH WHEREAS, the Treasurer proposes to deposit in the Depository from time to time, commencing on July 5, 2011, monies in his custody in an aggregate amount on deposit at any one time not to exceed $40 million Dollars ($40.000,000.00), or the total of the paid -up capital and surplus of the Depository, whichever is the lesser amount, and said monies will be deposited subject to Title 5, Division 2, Part 1, Chapter 4, Article 2 (commencing with Section 53630) of the Government Code of the State of California; and WHEREAS, said provisions of the Government Code require the Treasurer to enter into a contract.with the Depository setting forth the conditions upon which said monies are deposited; and WHEREAS, in the judgment of the Treasurer, this contract is to the public advantage; NOW, THEREFORE, it is agreed between the parties hereto as follows: 1. This contract cancels and supersedes any previous contracts between the Treasurer and the Depository relating to the method of handling and collateralization of deposits of monies. 2. This contract, but not deposits then held hereunder, shall be subject to termination by the Treasurer or the Depository at any time upon 30 days written notice. Deposits may be withdrawn in accordance with the agreement of the parties and applicable federal and state statutes, rules and regulations. This contract is subject to modification or termination upon enactment of any statute, rule or regulation, state or federal, which, in the opinion of the Administrator of the Local Agency Security, is inconsistent herewith, including any changes relative to the payment of interest upon monies so deposited by the Treasurer. Upon notification from the administrator, the Treasurer may withdraw deposits in the event the Depository fails to pay assessments, fines, or penalties assessed by the administrator. 3. Interest shall accrue on any monies so deposited as permitted by any act of the Congress of the United States or by any rule or regulation of any department or agency of the Federal Government adopted ADM-382 (04/11) MIDO Finance/Treasury 1 105 pursuant thereto. If interest may legally be paid, all monies deposited in accordance with this contract shall bear interest at a rate agreed upon by the Treasurer and the Depository. 4. The Depository shall issue to the Treasurer at the time of each inactive deposit, a receipt on a form agreed to by the Depository and the Treasurer, stating the interest to be paid, if any, the duration of the deposit, the frequency of interest payments, and the terms of withdrawal. Each such deposit receipt is by reference made a part of this contract. 5. As security for said deposit, the Depository shall at all times maintain with the Agent of Depository named herein, commencing forthwith, eligible securities having a market value at least 10% in excess of the actual total amount of local agency monies on deposit with the Depository. If any eligible security is determined by the administrator of Local Agency Security of the state of California in accordance with Government Code Section 53661 to be not qualified to secure public deposits, additional security shall be substituted immediately by the Depository, as necessary, to comply with the requirements of this Paragraph. 6. Eligible securities are those listed in Government Code Section 53651. 7. The Agent of Depository, authorized by the Treasurer and the Depository to hold the eligible securities posted as collateral under this contract, is Union Bank of California, N.A. (see Section 8-below). Said Agent of Depository has filed with the Administrator of Local Agency Security of the State of California an agreement to comply in all respects with the provisions of Title 5, Division 2, Part 1, Chapter 4, Article 2 (commencing with Section 53630) of the Government Code. 8. Authority for placement of securities for safekeeping in accordance with Government Code Section 53659 is hereby granted to the Agent of Depository, including placement with any Federal Reserve Banks or branch thereof, pursuant to Government Code section 53657, or the Federal Home Loan Bank of San Francisco. 9. If the Depository fails to pay all or part of any deposits of the Treasurer which are subject to this contract when ordered to do so in accordance with the terms of withdrawal set forth on the deposit receipt (which is by reference made a part hereof), the Treasurer will immediately notify, in writing, the Administrator of Local Agency Security. Action of the Administrator in converting the collateral required by Paragraph 5 above for the benefit of the Treasurer is governed by Government Code Section 53665. 10. The Depository may add, substitute or withdraw eligible securities being used as security for deposits made hereunder in accordance with Government Code Section 53654, provided the requirements of Paragraph 5 above are met. 11. The Depository shall have and hereby reserves the right to collect the interest on the securities, except in cases where the securities are liable to sale or are sold or converted in accordance with the provisions of Government code Section 53665. 12. The Depository shall bear and pay the expense of transportation of eligible securities maintained as collateral to and from the designated Agent of Depository. 13. This contract, the parties hereto, and all deposits governed by this contract shall be subject in all respects to Title 5, Division 2, Part 1, Chapter 4, Article 2 (commencing with Section 53630) of the Government Code, and of all other state and federal laws, statutes, rules and regulations applicable to such deposits, whether now in force or hereafter enacted or promulgates, all of which are by this reference made a part hereof. 14. The Treasurer named herein waives the right to collateral based on insurance provided by the Federal Deposit Insurance Corporation not to exceed the maximum amount insured pursuant to federal law, in accordance with Government Code section 53653. IN WITNESS WHEREOF, the Treasurer in his official capacity has signed this contract in duplicate and the ADM-382 (04/11) MIDO Finance/Treasury .106 1 2 Depository has caused this contract to be executed in like number by its duly authorized officers. PUBLIC ENTITY TREASURER Rabobank, N.A. (Treasury Department only) John M. Falconer - City of La Quinta Treasurer Randall Shell - SVP/I'reasurer By: By: By: By: PUBILIC ENTITY CITY MANAGER Thomas P. Genovese - City Manager 0 0 ADM-382 (04111) MMO Finance/Treasnry 107 COUNCIL/RDA MEETING DATE: July 5, 2011 ITEM TITLE: Approval of a Professional Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 201 1 /2012 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION:_) CONSENT CALENDAR: b STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement ("PSA") with the La Quinta Chamber of Commerce for Fiscal Year 201 1 /2012 in the amount of $150,000, and authorize the City Manager to execute the PSA. FISCAL IMPLICATIONS: If approved, the contract sum of $150,000 will be funded via the La Quinta Chamber of Commerce Account (#101-1003-413.33-02). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the General Fund to encourage, support and promote economic development." The services, provided by the Chamber are consistent with this objective. BACKGROUND AND OVERVIEW: The City has been entering into an annual PSA with the La Quinta Chamber of Commerce since Fiscal Year 1991/1992. In preparation for continued services during Fiscal Year 201 1 /2012, the Chamber submitted a Contract for Services Proposal (attached to Exhibit A of the PSA) which requests a contract sum of $150,000. Staff has prepared a PSA between the City of La Quinta and the La Quinta Chamber of Commerce (Attachment 1), which includes the following services: . Business Retention/Promotion and Economic Development $ 25,000 . The GEM Community Newsletter $1 10,000 -d 108 . The Visitor's Center . Annual Financial Review/Audit $ 10,000 $ 5,000 More detail is provided in the PSA, Exhibit A "Scope of Services." The Chamber will provide quarterly written reports detailing the progress and results of the above -listed Chamber services. Per City Council policy, the Chamber is to submit a full audit every three years, and an annual financial review in intervening years. The Chamber submitted its financial review for Fiscal Year 2010/201 1. According to the Chamber's accountant, there are no major findings. The next full audit will be required this Fiscal Year (201 1 /2012). Approval of the PSA will allow the Chamber to implement various activities and programs within the areas indicated above during Fiscal Year 201 1 /2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 201 1 /2012 in the amount of $150,000, . and authorize the City Manager to execute the Agreement; or 2. Do not approve a Professional Services Agreement with the La Quinta Chamber of Commerce; or 3. Provide staff with alternative direction. Respectfully submitted, Maria asillas Marketing/Economic Development Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Professional Services Agreement 1 109 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and LA QUINTA CHAMBER OF COMMERCE ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the promotion, encouragement, representation and retention of businesses and business activities in the City of La Quinta, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 110 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additiona► Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of 111 Compensation") in a total amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4 112 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. The term of this agreement shall commence on July 1, 2011 and terminate on June 30, 2012 (initial term). Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. David Howard, Chairman of the Board b. , Lee Osborne, Past Chair C. Lee Osborne, Treasurer d. Kathleen McEntee, Secretary e. David Archer, President/CEO It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible 113 during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries 114 against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without written notice to City of ..» 115 proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums -for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.3 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1 . Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of 116 the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 117 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 0 118 16. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 INDEMNIFICATION. 6.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an 119 employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is 120 determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. At a minimum, three written progress reports, including an accounting of expenditures, shall be provided in November 2011, February 2012, and May 2012. 7.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of 121 services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 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 8.7. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 122 8.5 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. 8.6 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. 8.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3. 8.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.9 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. 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate. in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: LA QUINTA CHAMBER OF COMMERCE Attention: David Archer President/CEO 78-275 Calle Tampico La Quinta, CA 92253 124 10.2 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. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk Date 125 APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: LA QUINTA CHAMBER OF COMMERCE By: Name: Title: Date: 126 Exhibit A Scope of Services SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE FOR FISCAL YEAR 201 1-2012 The La Quinta Chamber of Commerce shall provide the following services per the attached Contract for Services Proposal: A. Business Retention/Promotion Economic Development 1. Village Business Contact & Event Coordination 2. Member Retention 3. New Member Recruitment 4. Member Communications 5. Events B. The GEM Community Newsletter C. The Visitor's Center D. Annual Financial Review/Audit The La Quinta Chamber of Commerce shall provide a full audit every three years and an annual financial review report in non -audit years. A full audit is required for Fiscal Year 2011 —2012. 171 78-275 Calle Tampico #B, La Quinta CA 92253 Ph:(760) 564-3199 Fax:(760) 564-3111 April 15, 2011 To: Tom Genovese, City Manager, City of La Quinta From: David S. Archer, President/CEO, La Quinta Chamber of Commerce Lee Osborne, Chairman of the Board of Directors, La Quinta Chamber of Commerce Re: 2011-2012 City -Chamber Contract for Services Proposal Thank you for the opportunity to submit this proposal for the La Quinta Chamber of Commerce to continue to partner with the City of La Quinta for the following services: Contract for Services (reviewed below): 1. Business Retention and Promotion 2. The GEM Community Newspaper 3. The Visitor's Center 4. Annual Financial Review Total Requested Amount: $150,000.00 Payment schedule as follows: July 29, 2011 $37,500.00 October 29, 2011 $37,500.00 January 29, 2012 $37,500.00 April 29, 2012 $37,500.00 Note: The Chamber will continue to provide quarterly reports (prior to the above dates) as has been the practice previous terms. We appreciate the opportunity to submit this proposal and look forward to continuing to provide these valuable services for the benefit of current and prospective residents and businesses that reside and conduct business in the City of La Quints The Voice of Business 128 reception(a)lachamber com wwv+ lochamber com The areas of service to be provided under the proposed Contract for Services are defined as follows: 1. Business Retention/Promotion and Economic Development $ 25,000 The following are the key areas on which The Chamber will focus and are included in Business Retention/Promotion and Economic Development: Village Businesses, Member Retention, New Members, Member Communications and Events; Village Businesses — The Chamber will continue to call upon 100% of the businesses located in the "Village" area and discuss: their business climate, challenges, and support needed from the Chamber and/or the City of La Quinta to persist in these tough economic times. Most recently the Chamber has hosted two very successful events: the Annual Car Show and the "Taste of La Quinta"- the Car Show attendance was estimated at approximately 5,000 and the "Taste" 2,000 visitors to the Village. The Chamber will continue to seek/develop opportunities to host events that drive traffic to the Village and its businesses, and drive momentum when coordinating complimentary events in the Village. The Chamber is exploring similar programs to the once held "Village Fest" and other community attractions. ❑ Metric/Reporting - The Chamber will continue to report in writing its findings regarding total number of businesses in the Village Area, number contacted, noted concerns/challenges, action taken for improvement, and additional event opportunities in its quarterly report to the City. Member Retention — While the Chamber employs various means for member retention, there has been and will continue to be a focus to gather information regarding member needs and feedback. This will be done through an outbound call campaign, general surveys ( mail and/or online) as appropriate, and event -specific surveys. Survey questions will be developed based upon existing information requirements and customized as appropriate. In addition, information derived from the normal sales process and follow up will be included in information to be analyzed and reported. Metric/Reporting - The Chamber will continue to compile all information gathered from each source and report on the comments, suggestions, and actions taken for improvement. New Members — For the first time in several years the Chamber has added and retained more members than it dropped. The Chamber will continue to allocate the resources necessary to make contact with the over 1,200 businesses within the City limits, as discussed above in the "Village Businesses" section. While there is a slight overlap, the tactic is the same: discuss the business climate (how they are doing), challenges, and support needed from the Chamber and/or the City of La Quinta to sustain in these tough economic times. Additionally, the Chamber has a goal of attaining over 500 Members by December 2011. 129 In addition, the Chamber will continue to analyze current events, responding with programs and events that engage the "New Member" and help stimulate business. ❑ Metric/Reporting - The Chamber will report in writing its findings regarding total number of businesses contacted, noted concerns/challenges, actions taken for improvement, and additional event opportunities in its quarterly report to the City. Member Communications — One of the most important areas continues to be communication. Specifically our focus on the Chamber internet communications our primary communication tool. The Chamber has targeted updating its technology and website presence as a priority in the coming fiscal year. Updated Member and Event information will be available on the website. We offer links to the City and its websites, members who participate, and other points of interest in La Quinta. We will continue to utilize social networking tools, such as: YouTube, FaceBook, Twitter, LinkedIn, and others, as appropriate. The La Quinta Chamber of Commerce continues with its radio campaign that is aired on the six Desert Radio Group radio stations covering the Coachella Valley. Spots promote upcoming events, highlight the Chamber, and many directly promote the City. Our promotional spots run over 30 times each month across the six local stations and additional advertising is being purchased as appropriate in various media outlets. ❑ Methods of Communication — Communication to our Members and Community continue through numerous avenues including; Inbound and Outbound calls, Email Blasts, The GEM Newspaper, The Chamber Website (www.lgchamber.com); City Map which has been developed and 10,000 copies are being distributed according to the distribution plan, and Radio and Cable spots as appropriate. ❑ Metric/Reporting - The Chamber will continue to report on in writing its website traffic and will include in the other means of communications from a statistical perspective, i.e. number of "followers" on the sites, traffic, etc. Events —The Chamber sponsors regularly scheduled member events including the Mayor's and Power Lunches, Monthly Mixers, and Ribbon Cuttings. We will continue to monitor these events and seek refinements to enhance the overall member experience. A number of special events include The Bob Hope Classic Breakfast and. the Taste of La Quinta have been added and received positive feedback and good attendance. These will be continually evaluated to ensure that they provide return to the vendors, businesses and participants. 130 As discussed with City Staff in previous months, programs to enhance "Business to Businesses" among members are being developed and implemented within our Business Retention and Economic Development plan. While the Chamber's greatest strength is its "consumer" base, additional avenues are being considered to aid local businesses with a "business" customer base. Events such as the "Spending Time on Your Business" Business Symposium, featuring local businesses and speakers with expertise in accounting, legal, banking, insurance, and marketing, was developed to provide perspective and highlighting the value of other La Quinta businesses. List of Events/Committees — The Chamber is known for its wonderful events and Committees that include; The Bob Hope Classic "Kickoff Breakfast," The Power Lunch, Where's Gamby?, Member Pot -Luck, Annual Rod & Custom Car Show, Toys for Tots, The Annual Mayor's Cup Golf Challenge, The Taste of La Quinta, The Mayor's Luncheon, City Picnic and Birthday Party, Mixers, Marketing Committee, Legislative Committee, and Events Committee. From a business -to -business perspective, the Chamber organized and held the "Legislative Summit" in September of 2010 that included cooperation from the Palm Desert and Indio Chambers, as well as a Candidates Forum for the City election held prior to the local elections. In additional, the Chamber will continue to support our community partners at their local events, such as: the La Quinta Arts Festival, Concourse de Elegance, and the Bob Hope Classic, while encouraging member businesses to participate. ❑ Metric/Reporting - The Chamber will continue to report in writing on the number of attendees and the viability of continuing/adding events. In addition, the Chamber will survey businesses regarding the return from (financial impact) these events. 2. The GEM Newsletter $110,000 The GEM is the only Chamber/City newsletter in the Valley distributed to each resident, Chamber member, and non -Chamber business in La Quinta every month. Current circulation is approximately 23,000. Feedback continues to indicate high readership and informative content. From a financial perspective the cost to produce the GEM has increase by approximately 13% on a nine month run rate basis over Fiscal Year 2009-2010, not including personnel expense which has not increased. The Publications Committee continues to oversee, enhance, and review the GEM's content and format. The format has been updated/upgraded, along with new feature articles and content to broaden the GEM's appeal. Articles like "How to Play Hole #1 at SilverRock" (featuring a hole each month) provides a regular column that generates interest and excitement, while featuring a City resource Our intention is to keep the GEM fresh and visually appealing with new content coming from suggestions from our readers/members. New member benefits include a feature in the GEM announcing their membership and promoting their business. 131 ❑ Metric/Reporting - The Chamber understands the City Council's perspective regarding the number of publications of the GEM and will produce at least ten issues. When economically viable, additional issues will be produced in support of the Chamber members, many of whom view this production as its main advertising vehicle. The Chamber will report on the number produced and track production expenses. Additional reports may be included, as appropriate. 3. The Visitor's Center $ 10,000 The Visitor Center, located within the Chamber office, continues to draw people down Washington Street from Highway 111. Community members are encouraged to visit with the Chamber Team and have a cup of coffee or, on occasion, enjoy home baked cookies on Friday. We strive to make the center as user-friendly and informative as possible, making brochure and business cards available within attractive racks. We continue to receive 5,000+ phone calls and 800+ visitors each year. Metric/Reporting — While the current phone system has limited reporting capabilities, we continue to monitor visits and report as appropriate and if/when data is available. The Chamber will continue to report on the number of visitors to the Chamber office, number of phone calls received, and provide samples of questions received and information requested. Additional reporting will be added, as appropriate. 4. Annual Financial Review $ 5,000 The Chamber understands the importance of its fiscal responsibility and has a system with checks and balances to ensure accurate and appropriate bookkeeping. The Chamber is currently being "audited" in accordance with the agreement and will provide the results upon delivery from the Auditors. Additionally, we proactively evaluate our processes and procedures to ensure the Chamber receives revenues (accounts receivable) on a timely basis and that outstanding payables are paid within appropriate timelines. Currently the Chamber is operating at a Fiscal Year to Date Net Profit for the first time in several years. Additional Items for Consideration As an ongoing process and in the spirit of information sharing with the City, the Chamber has several regularly scheduled meetings outlined below. There is a bi- monthly meeting with the appointed member of the City Council whereby City Staff, Chamber Team Members and Chamber Board Members discuss key issues affecting the City and the Chamber. Commercial and residential development, capital improvement projects, Chamber operations/activities, and Member issues are a few of the topics. On a Fiscal Year to Date Basis (10 months) the Chamber has provided approximately $14,000 in direct donations, fund raising, and free advertising, for numerous Valley Charities and continues to "tie" local Charities to each "Major" Event. 132 In addition to the two Legislative events noted above in the "Event' section, the Chamber supported a number of key initiatives that would benefit the Community and included the Redevelopment Agency, and Proposition 22 to name a few. On a quarterly basis the Chamber meets with the "Marketing" Committee comprised of City Staff, City Marketing Agency and other local entities (i.e. the La Quinta Arts Foundation, "Old Town" Properties, and Landmark Development) to discuss events and marketing strategies that mutually impact the group. Over the past year the Chamber continues to have presence at the majority of City Council meetings and has been an active participant, as appropriate. All of the activities described have helped the Chamber better understand the inner -workings and needs of the City and have given the City a better perspective of the services provided by the Chamber. Conclusion On behalf of the La Quinta Chamber of Commerce Board of Directors, we thank you for the opportunity to quote the City of La Quinta on a Contract for Services in the amount of $150,000.00 for the 2011-2012 year. Reporting will be provided in accordance with the appropriate timing of City Council meeting and the month following the Quarter end, October, January, and April. We look forward to the continuing to collaborate on making La Quinta the "Destination" City in the Coachella Valley and nurturing the relationship between the Chamber and the City. We sincerely appreciate your support. Respectfully; Davi S. Archer President/CEO La Quinta Chamber of Commerce ee Osborne Chairman of the Board of Directors La Quinta Chamber of Commerce Cc: Doug Evans, Assistant City Manager, the City of La Quinta 133 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation as indicated below for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all. work under this contract shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00) except as specified in Section 1.6 - Additional Services of the Agreement. Payment Schedule is as follows: July 29, 2011 $37,500.00 October 29, 2011 $37,500.00 January 29, 2012 $37,500.00 April 29, 2012 $37,500.00 134 Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance with the Project Schedule indicated below. The La Quinta Chamber of Commerce shall provide the City with three (3) written reports on its activities as required by this Agreement. 1. First Report - November 2011 2. Second Report - February 2012 3. Third Report - May 2012 135 Exhibit D Special Requirements None. 136 Tit�p 4 4 a" MEETING DATE: JUIY 5, 2011 ITEM TITLE: Adoption of a Resolution Approving the Riverside County Cooperation Agreement for Community Development Block Grant Funds, Home Investment Partnership Program and Emergency Shelter Grants ESG Investment Partnership Program Funds for Fiscal Years 2612-2014 and Authorize the Mayor to Sign the Agreement RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution Approving the Riverside County Cooperation Agreement for Community Development Block Grant Funds, Home Investment Partnership Program (HOME) and Emergency. Shelter Grants (ESG) Program Funds for Fiscal Years 2012- 2014 and authorize the Mayor to sign the Agreement. FISCAL IMPLICATIONS: Riverside County Economic Development Agency (EDA) staff is estimating the same level of grant funding and allocation of funds to participating jurisdictions as the previous year, which for the City of La Quinta was $180,000. Allocations for participating jurisdictions are based on population, overcrowding, and poverty rates from the 2010 Census data. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Riverside EDA is in the process of qualifying as an Urban County with the Department of Housing and Urban Development (H.U.D.) for Fiscal Years 2012-2014. The City must enter into this Cooperation Agreement with the County to be eligible to receive Urban County Community Development Block Grant (CDBG) Funds and to apply for HOME and ESG Program Funds, which is competitive housing and emergency shelter grant monies that may become available during the three-year term of the Agreement. The City of La Quinta has participated in this CDBG program for 28 years and has previously entered into three-year Cooperation Agreements with the County. The primary objective of the CDBG program is the development of viable urban 137 communities by providing adequate housing, a suitable living environment, and expansion of economic opportunities for persons of very low-, low-, and moderate - incomes. Towards achieving this objective, the Riverside County Housing Authority administers the federally funded Section 8 Rental Assistance Program. There are over 100 Section 8 rental assistance units in La Quinta. In addition, the City has a Redevelopment Agency that administers community development and affordable housing programs. The City completed construction of the Senior Center, street and traffic improvements on Avenida La Fonda, Avenida Bermudas, Calle Tampico, and Calle Sonora, all of which were funded, in part, with CDBG grant monies. Key provisions of the Cooperation Agreement include: 1) the City and County are obligated to take all actions necessary to assure compliance with all applicable federal statutes such as the Civil Rights Act of 1964, the Fair Housing Act, the Housing and Community Development Act of 1974, and the National Environmental Policy Act of 1969; 2) the City develops a Community Development Plan for the period of this Agreement; 3) the City shall follow the approved Citizen Participation Plan; and 4) the City certifies there is and there will be no undue influence in the appropriation of these funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution Approving the Riverside County Cooperation Agreement for Community Development Block Grant Funds and Home and ESG Program Funds for Fiscal Years 2012-2014 and authorizes the Mayor to sign the Agreement; or 2. Do not approve the Riverside County Cooperation Agreement for Community Development Block Grant Funds and Home and ESG Program Funds for Fiscal Years 2012-2014; or 3. Provide staff with alternative direction. Respectfully submitted, I /..� Zi Les Johnson, Planning erector Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Cooperation Agreement for Community Development Block Grant Funds for Fiscal Years 2012-2014 (3 copies) 138 RESOLUTION NO. 2011- A RESOLUTION ,OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE'S URBAN COUNTY PROGRAW FOR FISCAL YEARS 2012/2013, 2013/2014, 2014/2015 WHEREAS, the City of La Quinta, California, has elected to participate as unit of local government (Cooperating City) in the County of Riverside's Urban County Program for Federal Fiscal Years 2012/2013, 2013/2014, 2014/2015; and WHEREAS, the Cooperation Agreement will allow the City to carry -out activities which are funded by Community Development Block Grant and HOME funds; and WHEREAS, the Cooperative Agreement will allow the Cooperating City to participate in the Urban County Consolidated Planning Program. NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED, by the City Council of the City of La Quinta, siting in regular session on July 5, 2011,that: 1. The Cooperation Agreement between the County of Riverside and the City of La Quinta is hereby approved; and 2. The City Council hereby authorizes and directs the Mayor to execute the cooperation Agreement on behalf of the City of La Quinta. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 5t' day of July, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 139 City Council Resolution No. 2011- Cooperation Agreement for Urban County Qualification Adopted: July 5, 2011 Page 2 DON ADOLPH, Mayor, City of La Quinta, California ATTEST: Veronica Montecino, CMC. City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 140 ATTACHMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP PROGRAM, AND EMERGENCY SHELTER GRANT FOR FISCAL YEARS 2012-13, 2013-14, 2014-15 This Cooperation Agreement hereinafter referred to as "Agreement' is made and entered into this _ day of 2011, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and City of La Uinta, an incorporated municipality within the geographical boundaries of the COUNTY, hereinafter referred to as "CITY," who together are sometimes referred to herein individually as "Party" or collectively as the "Parties." RECITALS WHEREAS, the Housing and Community Development Act of 1974, as, amended (Public Law 93-383), hereinafter called "ACT", provides that Community Development Block Grant, funds hereinafter referred to as "CDBG", may be used for the support of activities that provide decent housing, suitable living environments, and expanded economic opportunities principally for persons of low and moderate -income; and WHEREAS, the HOME program, authorized by the HOME Investment Partnerships Act (HOME), was enacted as Title II of the National Affordable Housing Act of 1990, has as its purposes to: expand the supply of decent, affordable housing for low and very -low income families with emphasis on rental housing; build State and local capacity to carry out affordable housing programs; and provide for coordinated assistance to participants in the development of affordable low-income housing; and WHEREAS, the Emergency Shelter Grant, hereinafter referred to as "ESG", was authorized by the McKinney-Vento Homeless Assistance Act of 1987. The objectives of the Emergency Shelter Grant, to be renamed the Emergency Solutions Grant under the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009, are to increase the number and quality of emergency shelters and transitional housing facilities for homeless Cooperation Agreement For CDBG, HOME, and ESG Funds 2012-2015 Page 1 of 13 141 1 2 3 4 5 6 7 8 9 10, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 individuals and families, to operate these facilities and provide essential social services, and to help prevent homelessness. WHEREAS, CDBG regulations require counties to re -qualify as an Urban County under the CDBG program every three years; and WHEREAS, the execution of this Agreement is necessary to include CITY as a participating unit of general government under COUNTY's Urban County CDBG, HOME, and ESG programs. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived there from, the parties agree as follows: 1. GENERAL. This Agreement gives COUNTY authority to undertake, or assist in undertaking, activities for Fiscal Years 2012-13, 2013-14, and 2014-15, that will be funded from the CDBG program, the HOME Investment Partnership program, the Emergency Shelter Grant program, and from any program income generated from the expenditure of such funds. COUNTY and CITY agree to cooperate, to undertake, or to assist in undertaking, community renewal and lower -income housing assistance activities. COUNTY is qualified as an "Urban County" under the ACT. CITY, by executing this Agreement, hereby gives notice of its election to participate in an Urban County Community Development Block Grant program, hereinafter referred to as "CDBG programs". By executing this Agreement, CITY understands that it may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it participates in the Urban County's CDBG program and that CITY may only participate in the HOME program through the COUNTY'S Urban County program, not a consortium. The CITY may apply for ESG funds from the State of California, if permitted by the State. Cooperation Agreement For CDBG, HOME, and ESG Funds 2012-2015 Page 2 of 13 142 1 2. TERM. 2 The term of this Agreement shall be for three (3) years commencing on July 1, 3 2012, through June 30, 2015, unless an earlier date of termination is fixed by U.S. Department of 4 Housing and Urban Development, hereinafter called HUD, pursuant to ACT. 5 This Agreement will be automatically renewed for participation in successive 6 three-year qualification periods, unless the COUNTY or the CITY provides written notice to the 7 other Party that it elects not to participate in the next three-year Urban County program. 8 COUNTY will notify CITY of CITY's right not to participate in the next three-year period no 9 later than the date specified by HUD in the Urban County Qualification Notice. CITY shall 10 notify COUNTY no later than the date specified in COUNTY's notification that CITY elects not I 1 to participate in the next three-year Urban County Program. COUNTY will send copies of all 12 notifications required by this Paragraph to the HUD Field Office. ' 13 The terms of this Agreement shall remain in effect until the CDBG, HOME, and 14 ESG funds and program income received with respect to activities carried out during the three- 15 year qualification period are expended and the funded activities completed. Furthermore, neither 16 the COUNTY nor the CITY may terminate or withdraw from this Agreement while it remains in 17 effect. 18 3. PREPARATION OF FEDERALLY REQUIRED FUNDING 19 APPLICATIONS. 20 The Riverside County Economic Development Agency, subject to approval of 21 COUNTY's Board of Supervisors, shall be responsible for preparing and submitting to HUD, in 22 a timely manner, all reports and statements required by the ACT and the Federal regulations 23 promulgated by HUD to secure entitlement grant funding under the CDBG, HOME, and ESG 24 programs. This duty shall include the preparation and processing of COUNTY Housing, 25 Community, and Economic Development Needs Identification Report, Citizen Participation 26 Plan, the County Five -Year Consolidated Plan, One -Year Action Plan, Consolidated Annual 27 Performance and Evaluation Report (CAPER), and other related programs which satisfy the 28 application requirements of ACT and its regulations. Cooperation Agreement For CDBG, HOME, and ESG Funds 2012-2015 Page 3 of 13 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. COMPLIANCE WITH FEDERAL STATUTES REGULATIONS AND OTHER APPLICABLE STATUTES REGULATIONS AND ORDINANCES. (a) COUNTY and CITY will comply with the applicable provisions of the ACT and those federal regulations promulgated by HUD pursuant thereto, as the same currently exists or may hereafter be amended. The COUNTY and CITY will take all actions necessary to assure compliance with COUNTY's certifications required by Section 104 (b) of Title I of ACT. COUNTY and CITY will comply with the provisions of the following: National Environmental Policy Act of 1969; Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968; and Title 24 Code of Federal Regulations part 570; the Fair Housing Act; Cranston - Gonzales National Affordable housing Act (Public Law 101-625); Section 109 Title I of the Housing and Community Development Act of 1974 (42 U.S.C.§5309); Executive Order 11063, as amended by Executive Order 12259; Executive Order 11988; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.§4630, et. seq.); and other federal or state statute or regulation applicable to the use of CDBG or HOME Investment Partnerships Act (enacted as Title II of the National Affordable Housing Act of 1990) funds. (b) CITY agrees that CDBG funding for activities in, or in support of, CITY are prohibited if CITY does not affirmatively further fair housing within its own jurisdiction or impedes COUNTY actions to comply with its fair housing certification. (c) CITY and COUNTY shall meet the citizen participation requirements 24 CFR 570.301 and provide Riverside County citizens with all of the following: i. The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate -income; ii. A plan for minimizing displacement of persons as a result activities assisted with CDBG funds and to assist persons actually displaced as a result of such I activities; iii. A plan that provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate -incomes, residents of slum and blighted areas, and of areas in which funds are proposed to be used, and provides for Cooperation Agreement For CD30, HOME, and ESG Funds 2012-2015 Page 4 of 13 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 participation of residents in low and moderate -income neighborhoods; iv. Reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the ACT; V. Provide for public meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities and review of program performance. Meeting shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the disabled. (d) CITY shall develop a community development plan, for the period of this Agreement, which identifies community development and housing needs and specifies both short and long-term community development objectives. (e) CITY certifies, to the best of its knowledge and belief, that: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of , any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federally -appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The CITY shall require that the language provided in Section I4(e)(i) and (ii) of this Agreement be included in the award documents for all sub -awards at all Cooperation Agreement For CDEG, HOME, and ESG Funds 2012.2015 Page 5 of 0 145 I tiers (including subcontracts, sub- grants and contracts under grants, loans, and cooperative 2 agreements) and that all sub -recipients shall certify and disclose accordingly. This certification 3 is a material representation of fact upon which reliance was placed when this transaction was 4 made or entered into. 5 (f) In accordance with Section 519 of Public Law 101-144, (the 1990 HUD 6 Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting 7 the use of excessive force by law enforcement agencies within its jurisdiction against any 8 individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is 9 enforcing applicable State and local laws against physically barring entrance to, or exit from, a 10 facility or location which is the subject of such non-violent civil rights demonstrations within its I jurisdiction. 12 5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES. 13 The COUNTY's Board of Supervisors have adopted policies and procedures to 14 ensure efficient and effective administration of the CDBG, HOME, and ESG programs. 15 COUNTY will provide these policies and procedures to CITY within a reasonable time after this 16 Agreement's commencement date. COUNTY and City agree to comply with these said policies 17 and program objectives. is 6. OTHER AGREEMENTS. 19 Pursuant to Federal regulations at 24 CFR 570.501(b), CITY is subject to the 20 same requirements applicable to sub -recipients, including the requirement of a written agreement 21 set forth in Federal regulations at 24 CFR 570.503. For each fiscal year during the term of this 22 Agreement, COUNTY and CITY shall enter into an additional agreement, commonly known as a 23 Supplemental Agreement, that will have a term coinciding with a CDBG Program Year and 24 enumerate the project(s) CITY will implement with its entitlement funds. Said Supplemental 25 Agreement will set forth the time schedule for completion of said project(s) and any funding 26 sources, in addition to entitlement funds, that will be used in completing the project(s). If 27 substantial compliance with the completion schedule, due to unforeseen or uncontrollable 28 circumstances, cannot be met by CITY, the schedule for the project(s) may be extended by Cooperation Agreement For CDBG. HOME. and ESG Funds 2012.2015 Page 6 of 13 146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COUNTY. If COUNY determines that substantial progress toward drawdown of funds is not') made during the term of the Supplemental Agreement, the entitlement funds associated with the project(s) may be reprogrammed by COUNTY, to other activities as determined by COUNTY, after COUNTY provides appropriate written notice to CITY. COUNTY's decision not to extend the completion schedule associated with the project(s), or to reprogram the entitlement funds associated with the project(s), will not excuse CITY from complying with terms of this Agreement. 7. CITY agrees to submit to COUNTY, no later than the date specified by COUNTY prior to each program year, the activities that the CITY desires to implement with its entitlement funds, said designation to comply with statutory and regulatory provisions governing citizen's participation. Said designation is to be reviewed by the COUNTY's Economic Development Agency to determine that the projects are eligible under federal regulations for funding and inclusion in the One Year Action Plan of the County's Five -Year Consolidated Plan and consistent with both Federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds. Consistent with Paragraphs 3, 4, 5, 6, and 7 of this Agreement, COUNTY's Board', of Supervisors will make the final determination of the distribution and disposition of all CDBG funds received by COUNTY pursuant to the Act. 8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL. CITY warrants that those officers, employees, and agents, retained by it and responsible for implementing projects funded with CDBG have received, reviewed, and will follow the Community Development Block Grant Manual that has been prepared and amended by COUNTY, and by this reference, said Manual is incorporated herein and made a part hereof. 9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire real Cooperation Agreement For CDBG, HOME, and ESG Funds 2012.2015 Page 7 of 13 -14 7 1 2 3 4 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 property or to construct a public facility, CITY will comply with the National Environmental Policy Act of 1969 (42 U.S.C. §§4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources Code §§21000, et seq.), the Uniform Relocation Assistance and Real Acquisition Policies Act of 1970 (42 U.S.C. §§4630, et seq.), and the California Government Code Sections 7260 et seq., as those Acts may be amended from time -to -time and any Federal or state regulations issued to implement the aforementioned laws. In addition, the following is to occur: (a) Title to the real property shall vest in CITY; (b) The real property title will be held by or the constructed facility will be maintained by the CITY for the approved use until five years after the date that the project is reported as "Completed" within the annual Consolidated Annual Performance and Evaluation Report. (c) While held by CITY, the real property or the constructed facility is to be used exclusively for the purpose for which acquisition or construction was originally approved by COUNTY; (d) CITY shall provide timely notice to COUNTY of any action which would result in a modification or change in the use of the real property purchased or improved, in whole or in part, with CDBG or HOME funds from that planned at the time of acquisition or improvement, including disposition. (e) CITY shall provide timely notice to citizens and opportunity to comment on any proposed modification or change; (f) Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is or is not consistent with federal regulations governing CDBG funds; (g) Should CITY desire during the five (5) year period to use the real property or the constructed facility for a purpose not consistent with applicable federal regulations governing CDBG funds or to sell the real property or facility, then: Cooperation Agreement For CDBG, HOME, and ESG Funds 2012-2015 Page 8 of 13 3 ti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (i) If CITY desires to retain title, it will have to reimburse either COUNTY or the Federal government an amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised to when the property was acquired or the facility was constructed; (ii) If CITY sells the property or facility, or is required to sell the property or facility, CITY is to reimburse the COUNTY an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds comprised of the monies paid to initially acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds. 10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE OF CDBG FUNDS. CITY shall inform COUNTY of any income generated by the expenditure of CDBG funds received by CITY from COUNTY. CITY may not retain any program income so generated. Any and all program income shall be returned to the County and may only be used for eligible activities in accordance with all CDBG requirements, including all requirements for citizen participation. The COUNTY is required by HUD to monitor and report the receipt and use of all program income. CITY is required to track, monitor, and report any and all program income as requested by COUNTY. 11. TERMINATION. Except as provided for in Paragraph 2, CITY and COUNTY cannot terminate or withdraw from this Agreement while it remains in effect. 12. FORMER AGREEMENTS UTILIZING COMMUNITY DEUELOEMENT BLOCK E3RANT FUNDS BETWEEN COUNTY AND Cif Y, All agreements between CITY and COUNTY regarding the use of CDBG funds Ifor fiscal years 1975-76 through 2011-2012,and any Supplemental Agreements there under, shall remain in full force and effect. If the language of this Agreement is in conflict or Cooperation Agreement For COR O, HOME, and ESG Funds 2012-2015 Page 8 of 13 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 inconsistent with the terms of any prior said agreements between CITY and COUNTY, the language of this Agreement will be controlling. 13. INDEMNIFICATION CITY agrees to indemnify, defend and hold harmless COUNTY and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising from CITY acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnifications is prohibited by law. CITY shall promptly notify COUNTY in writing of the occurrence of any such claims, actions, losses, damages, and/or liability. CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by CITY under the program(s) fail to comply with any laws, regulations, or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended. 14. COMPLIANCE WITH LAWS AND REGULATIONS. By executing this Agreement, the Parties hereby certify that they will adhere to and comply with all federal, state and local laws, regulations and ordinances. 15. ENTIRE AGREEMENT. It is expressly agreed that this Agreement embodies the entire agreement of the in relation to the subject matter hereof, and that no other agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the Parties at the time of Iexecution. 16. SEVERABILITY. Each paragraph and provision of this Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect. 17. ASSIGNMENT. The Parties will not make any sale, assignment, conveyance or lease of any trust Cooperation Agreement For CDBG, HOME, and F,SG Funds 2012-2015 Page 10 of 13 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or power, or transfer in any other form with respect to this Agreement, without prior written approval of the other Party. 18. INTERPRETATION AND GOVERNING LAW. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 19. WAIVER, Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 20, JURISDICTION AND VENUE. Any action at law or in equity arising under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed in the consolidated Courts of Riverside County, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction. 21. AMENDMENTS No change, amendment, or modification to the Agreement shall be valid or binding upon CITY or COUNTY unless such change, amendment, or modification is in writing and duly executed. CITY and COUNTY agree to adopt any necessary amendments to this Agreement to incorporate changes required by HUD as set forth in the Urban County Qualification Notice. Amendments must be submitted to HUD as provided in the Urban County Qualification Notice and failure to do so will void the automatic renewal for such Cooperation Agreement For CDBG, HOME, and ESG Funds 2012-2015 Page 11 of 13 151 1 2 3 4 5 6 7 81 9' 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 qualification period. 22. AUTHORITY TO EXECUTE. The persons executing this Agreement or exhibits attached hereto on behalf of the Parties to this Agreement hereby warrant and represent that they have the authority to execute this Agreement and warrant and represent that they have the authority to bind the respective Parties to this Agreement to the performance of its obligations hereunder. 23. INCORPORATION OF RECITALS The Parties hereby affirm the facts set forth in the recitals above. Said recitals are incorporated herein and made an operative part of this Agreement. IN WITNESS WHEREOF, the COUNTY and CITY have executed this Agreement on the date shown below. ' (ATTEST: Kecia Ihem-Harper Clerk of the Board COUNTY OF RIVERSIDE By: By: for Bob Buster, Chairman Board of Supervisors Rob Field, Assistant County Executive Officer/EDA Date: I ATTEST: CITY OF LA QUINTA By: By: City Clerk Mayor Date: Cooperation Agreement For CDBG, HOME, and ESG Funds 2012.2015 Page 12 of 13 152 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY COUNSEL CERTIFICATION The Office of County Counsel hereby certifies that the terms and provisions of this Agreement are fully -authorized under state and local law and that the Agreement provides full legal authority for the COUNTY to undertake, or assist in undertaking, essential community development and housing assistance activities specifically urban renewal and publicly assisted housing. Pamela J. Walls County Counsel By: Deputy, Anita Willis s1cdbg\12.15 urban wunty program\cmp agreement 2012.2015.d0M Cooperation Agreement For CDBG. HOME, and ESG Funds 2012-2015 Page 13 of 13 0 153 5p�//�T 0 5 44Q �OF I1 COUNCIL/RDA MEETING DATE: July 5, 2011 ITEM TITLE: Adoption of a Resolution Memorandum of Understanding Between La Quinta and the La Quinta City Association for Fiscal Year 201 1 /2012 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ Approving a CONSENT CALENDAR: to the City of Employees' STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving a Memorandum of Understanding (MOU) between the City of La Quinta and the La Quinta City Employees' Association for Fiscal Year 201 1 /2012. FISCAL IMPLICATIONS: Negotiated benefits include: • City and Association agree to a zero percent (0%) cost -of -living adjustment for the term of this agreement. Re -open negotiations on insurance coverage in September 2011. • Continue Flexible Spending Account in which the City has paid the initial $350 set-up fee and will pay the $15 per new employee enrollment fee. Employees would pay the $4.00 per month fee as payroll deduction, or $5.60 per month if they choose the optional debit card for reimbursement. Continue the Educational Incentive Program, as amended for Fiscal Year 201 1 /2012, granting participant reimbursement of up to, but no more than, 6% of the total annual budgeted amount each fiscal year. 154 Amend Section 14.15.4 - Vacation Buy -Back, as outlined in the MOU, changing language to read "provided that the employee's vacation bank has been reduced by at least 40 hours." Amend Section 14.15.5 - Vacation Leave Transfer Policy, as outlined in the MOU, revising Section R to clarify donations "expire" upon the requesting employee's return to work on a full-time basis, and that the Finance Department will notify each donating employee that his/her unused donations are no longer needed. Require retiring employees to complete the "Unused Sick Leave Election Form" prior to receipt of final paycheck, choosing one of three options for treatment of their unused accrued sick leave, as outlined in the MOU. Continue Computer Loan Program for Fiscal Year 201 1 /2012. Loans made through this program will be a maximum of two years in duration and will be reimbursed through payroll deductions with 5% interest. This is a loan program and does not require an appropriation. Amended policy language has been inserted clarifying repayment obligations and authorizing the City to withhold remaining principal and interest from an employee's final paycheck in the event the employee leaves City service before their loan is repaid. Continue the Alternate Work Week Schedule for Fiscal Year 201 1 /2012. Change the Personnel Policies as outlined in Exhibit A to the Resolution. Supplement up to $40.00 per full-time City employee of the annual membership fee to Desert Recreation District's Fitness Center at the La Quinta Community Park. This MOU shall be retroactive to July 1, 2011. CHARTER CITY IMPLICATIONS: None. 155 BACKGROUND AND OVERVIEW: The City and the Association, in a series of meetings beginning March 24, 2011, met and conferred in good faith pursuant to the Meyers-Milias-Brown Act on matters relating to employment conditions and employer/employee relations including wages, hours, and other terms of employment. The attached Memorandum of Understanding (Exhibit "A" of the Resolution) is the result of these meetings and discussions. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving a Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association for Fiscal Year 201 1 /2012; or 2. Do not adopt a Resolution of the City Council approving a Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association for Fiscal Year 201 1 /2012; or 3. Provide staff with alternative direction. Respectfully submitted, &QAty I,j�Gl�iN[.2t/ Terry Deeriiinger, Humana Resources/ General Services Manager Approved for submission by: d Thomas P. Genovese, City Manager 156 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION (LQCEA) COMMENCING ON JULY 1, 2011, AND TERMINATING JUNE 30, 2012 WHEREAS, the City of La Quinta, hereinafter referred to as "City" and the La Quinta City Employees' Association, the recognized organization representing its members, hereinafter referred to as "Association," have met and conferred over wages, hours, terms, and conditions of employment pursuant to Government Code 3500, as amended;, and WHEREAS, the City and the Association have negotiated a Memorandum of Understanding for the period commencing on July 1, 2011, and terminating June 30, 2012; and WHEREAS, the Association ratified the Memorandum of Understanding on June 8, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City does hereby ratify and approve, ratify and authorize implementation of each economic and non -economic benefit and right set forth in the Memorandum of Understanding between the City and the Association, attached and incorporated herein as Exhibit "A" and said to the extent the City may legally do so in accordance with the time constraints of said Memorandum of Understanding. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5' day of July, 2011, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 157 Resolution No. 2011- Adoption of 2011-12 LQCEA MOU Adopted: July 5, 2011 Page 2 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 158 EXHIBIT A MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into by and between the CITY OF LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION ("Association"). WHEREAS, the City and the Association have met and conferred in good faith with respect to the wages, hours, and terms and conditions of employment of City employees and all other subjects within the scope of bargaining under the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), and have reached an agreement that they wish to set forth in writing in the form of this MOU; NOW, THEREFORE, the City and the Association agree as follows: SECTION 1: TERM. This MOU shall take effect on July 1, 2011, and shall remain in effect through and including June 30, 2012. SECTION 2: SALARY The Schedule of Salary Ranges (Schedule), which is attached hereto as Exhibit 1 and by this reference made a part hereof, shall remain in effect during the term (July 1, 2011 through June 30, 2012) of this MOU. Exhibit 1 reflects a zero percent (0%) COLA over the previous schedule in effect on June 30, 2011. 159 2011-12 MOU - Final July 2011 -1' SECTION 3: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE. A. Fiscal Year 2011-12. The parties agree to reopen negotiations in September 2011 in order to meet and confer on the amounts paid by the City and employees for the combined cost of medical, dental, vision and life insurance coverage for the next calendar year. The process to be utilized for determining increases in coverage is set forth in the Health Benefits Reopener Process Methodology (Health Benefits Methodology), which is attached hereto as Exhibit 2 and. by this reference made a part hereof. B. Contributions. The employee contribution for insurance coverage shall be paid by payroll deduction as a condition of enrollment and continuous insurance coverage. The benefits, terms and conditions of coverage shall be governed by the formal plan documents. C. Flexible Spending Plan. The City has implemented a Flexible Spending Plan through Total Administrative Services Corporation (TASC) for interested employees. The City has paid the initial one-time enrollment fee of $350.00 and will pay the $15.00 per employee enrollment fee for new employees who elect to join, and those employees who participate will pay the monthly administration fee and optional medical reimbursement debit card fee through payroll deduction. W 2011-12 MOU - Final July 2011 -2- SECTION 4: EDUCATIONAL INCENTIVE PROGRAM. All employees are eligible for tuition reimbursement pursuant to Section 15.25 of the City's Personnel Policies. The total of such reimbursement for all employees shall not exceed $17,250 during the term of this MOU at a maximum of $1,035 (or 6%) per employee. The last paragraph of Personnel Policy Section 15.25, Tuition Reimbursement, is amended to read as follows: No one employee may receive more than 6% of the total annual budgeted money available for tuition reimbursement. SECTION 5: MANAGEMENT RIGHTS. Except as limited by the terms of this MOU, the City retains sole and exclusive right to manage its operations and direct its work force using any or all of the powers and authority previously exercised or possessed by the City or traditionally reserved to management, including but not limited to the right to determine its organization and the kinds and levels of services to be provided; to direct the work of its employees; to assign work from one classification of employees to another, including work currently performed by employees in the classifications covered by this MOU; to establish work standards and levels of required performance; to utilize part-time or temporary employees; to pay wages and benefits in excess of those required by this MOU; to select, modify, alter, abandon, or modernize methods of conducting its operations; to build, move, modify, close, or modernize facilities, machinery, processes, and equipment; to establish budgetary 161 2011-11 MOU- Final Judy 2011 -3- procedures and allocations; to determine methods of raising revenues; to sublet and subcontract work except work currently performed by City employees; to take all necessary action in the event of an emergency; to establish and amend rules of conduct and to impose discipline and discharge; to establish and amend rules for safety and health; to select, hire, classify, reclassify, assign, evaluate, transfer, promote, demote, upgrade, downgrade, reprimand, discipline, suspend, discharge, lay off, and rehire employees; to determine job content and to create, combine or modify job classifications and rates or classes of pay; and to exercise all other customary powers and authority of management, regardless of whether the City has exercised such power previously. Nothing in this provision shall be construed to restrict grievances concerning any part of this MOU. In the event of an emergency, the City may amend, modify or rescind any provision of the MOU. Such amendment, modification or rescission shall remain in force only for the period of the emergency. The City shall have the sole and complete discretion to declare that an emergency exists for the purposes of this Section. City retains the right to reopen negotiations during the term of this MOU for the purpose of meeting and conferring on implementation of furlough days. SECTION 6: NON-DISCRIMINATION. All personnel decisions and actions, including but not limited to appointments, promotions, demotions, transfers, layoffs, and discharges, ..% 162 2011-12 MOU - Final My 2011 -4- shall be made without regard to race, color, creed, sex, marital status, age, national origin or ancestry, physical or mental disability, medical condition, sexual orientation, or any other unlawful consideration. Further, the City shall not discriminate against any employee based upon his/her activity on behalf of his/her membership in any employee association or group. SECTION 7: HOURS. Employee hours of work shall be as stated in the City's Personnel Policies unless superseded as provided in Section 13 herein. SECTION 8: HOLIDAYS. Holidays shall be recognized as provided in the City's Personnel Policy unless superseded as provided herein. SECTION 9: VACATION. 9.1 Accrual. Vacation accrual shall be as provided in the City's Personnel Policies unless superseded as provided herein. 9.2 Buy-back. Vacation buy-back shall be as provided in the City's Personnel Policies unless superseded as provided herein. SECTION 10: SICK LEAVE. Sick leave shall be accrued as provided in the City's Personnel Policies unless superseded as provided herein. 163 2011-12 MOU — Final July 2011 -5- SECTION 11: CalPERS RETIREMENT Government Code Section 20965 and the City's contract for retirement benefits with CalPERS permits conversion of unused sick leave to service credit, pursuant to certain restrictions. Upon retirement, employees are required to complete the "Unused Sick Leave Election Form" (Exhibit 3) prior to receiving their final paycheck. Upon retirement, employees will have the option of selecting one of the following: (1) receiving payout for the full amount of unused sick leave (pursuant to the payout schedule contained in Personnel Policy Section 14.20.4, as amended by this MOU); (2) receiving payout for a set amount of unused sick leave, and requesting conversion to service credit of the remainder; or (3) converting the entire amount of unused sick leave to service credit, waiving their right to a payout for unused sick leave. SECTION 12: COMPUTER PURCHASE PROGRAM. 12.1 The City agrees to continue the Computer Purchase Program (Program) as set forth in the previous MOU, and to fund the Program in the amount of $17,500 for the term of this MOU at a maximum of $1,750 per employee. Any employee who has participated in the Program and has paid his/her loan in full may participate again if there is money available after those employees who have not previously participated have been funded. 164 2011-12 MOU — Final July 2011 -6- 12.2 The Computer Purchase Program is amended to reflect changes in technology and clarifying an employee's loan repayment obligations, as shown on the attached Exhibit 4. SECTION 13: ALTERNATE WORK WEEK SCHEDULE. The City and Association agree to continue the Alternate Work Week Schedule ("AWWS") as set forth in Attachment 5, utilizing a 9/80 schedule, whereby employees may elect to participate in the AWWS by working eight 9-hour days and one 8-hour day, with every other 8-hour day off. The AWWS will continue for the term of this MOU, or until cancelled by Management, whichever occurs sooner. SECTION 14: PERSONNEL POLICY ADDITIONS AND AMENDMENTS. The City and Association have agreed to modify City Personnel Policies where appropriate to clarify the intent of those policies, as follows: a) Vacation policy - Section 14.15.2(F) Limitations: F. Vacation leave may be taken in any increment approved by management. (emphasis added) b) Vacation Buy -Back Policy (Section 14.15.4) - change existing language from "provided that the employee has taken at least 40 hours" to "provided that the employee's vacation bank has been reduced by at least 40 hours." (emphasis added) c) Vacation Leave Transfer Policy (Section 14.15.5 (R): R. Donated but unused vacation and compensatory time shall be credited back to the original donor once the requesting employee returns to work on a full-time basis. The Finance 165 2011-12MOU-Ri AJuly2011 -7- Department will notify each donating employee that his/her unused donations are no longer needed. d) Other minor changes to Personnel Policies intended to clarify ambiguous or unclear language. SECTION 15: EMPLOYEE FITNESS MEMBERSHIP SUBSIDY AT DESERT RECREATION DISTRICT FITNESS CENTER. The City agrees to subsidize the cost of membership at the Desert Recreation District's Fitness Center, which will be housed in La Quinta at the La Quinta Community Park on Avenida Montezuma. City employees may submit their paid receipt for Desert Recreation District membership to the City's Finance Department for reimbursement of $40.00 toward their $50.00 annual membership fee. SECTION 16: SOLE AND ENTIRE AGREEMENT. It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements, memoranda of agreement or memoranda of understanding, or contrary salary and/or personnel rules and regulations, administrative codes, provisions of the City (other than the Municipal Code), whether oral or written, expressed or implied, between the parties, and shall govern the entire relationship and be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law. The Association and the City agree that all personnel rules not specifically included herein shall be incorporated herein by this reference. The City reserves the right to add to, modify or delete 2011-12 MOU — Final July 2011 -8- 166 from its Personnel Policies, subject to its obligations under the Meyers-Milias- Brown Act. SECTION 17. WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT. During the term of this MOU, the Association agrees that it will not seek to negotiate or bargain with respect to wages, hours and terms and conditions of employment, whether or not covered by this MOU or in the negotiations preceding execution of this MOU, except as required by specific provisions of this MOU. Despite the terms of this waiver, the parties may, by mutual agreement, agree in writing to meet and confer concerning any matter during the term of this MOU. This MOU is hereby executed by the parties hereto as set forth below. DATED: DATED: CITY OF LA QUINTA 2011 By: Don Adolph, Mayor LA QUINTA CITY EMPLOYEES' ASSOCIATION By: By: By: 2011 167 2011-12 MOU - Final July 2011 -9- CITY OF LA QUINTA SCHEDULE OF SALARY RANGES FY 11/12 EXHIBIT 1 MONTHLY BASE STEP STEP STEP STEP STEP RANGE A B C D E 30 2,454.52 2,577.25 2,706.11 2,841.41 2,983.48 31 2,515.88 2,641.68 2,773.76 2,912.45 3,058.07 32 2,577.25 2,706.11 2,841.41 2,983.48 3,132.66 33 2,641.68 2,773.76 2,912.45 3,058.07 3,210.98 34 2,706.11 2,841.41 2,983.48 3,132.66 3,289.29 35 2,773.76 2,912.45 3,058.07 3,210.98 3,371.52 36 2,841.41 2,983.48 3,132.66 3,289.29 3,453.76 37 2,912.45 3,058.07 3,210.98 3,371.52 3,540.10 38 2,983.48 3,132.66 3,289.29 3,453.76 3,626.44 39 3,058.07 3,210.98 3,371.52 3,540.10 3,717.11 40 3,132.66 3,289.29 3,453.76 3,626.44 3,807.77 41 3,210.98 3,371.52 3,540.10 3,717.11 3,902.96 42 3,289.29 3,453.76 3,626.44 3,807.77 3,998.15 43 3,371.52 3,540.10 3,717.11 3,902.96 4,098.11 44 3,453.76 3,626.44 3,807.77 3,998.15 4,198.06 45 3,540.10 3,717.11 3,902.96 4,098.11 4,303.01 46 3,626.44 3,807.77 3,998.15 4,198.06 4,407.97 47 3,717.11 3,902.96 4,098.11 4,303.01 4,518.16 48 3.807.77 3,998.15 4,198.06 4.407.97 4,628.36 49 3,902.96 4,098.11 4,303.01 4,518.16 4,744.07 50 3,998.15 4,198.06 4,407.97 4,628.36 4,859.78 51 4,098.11 4,303.01 4,518.16 4,744,07 4,981.28 52 4,198.06 4,407.97 4,628.36 4,859.78 5,102.77 53 4,303.01 4,518.16 4,744.07 4,981.28 5,230.34 54 4,407.97 4,628.36 4,859.78 5,102.77 5,357.91 55 4,518.16 4,744.07 4,981.28 5,230.34 5,491.86 56 4,628.36 4,859.78 5,102.77 5,357.91 5,625.80 57 4,744.07 4,981.28 5,230.34 5,491.86 5,766.45 58 4,859.78 5,102.77 5,357.91 5,625.80 5,907.10 59 4,981.28 5,230.34 5,491.86 5,766.45 6,054.77 60 5,102.77 5,357.91 5,625.801 5,907.101 6,202.45 CITY OF LA QUINTA SCHEDULE OF SALARY RANGES FY 11/12 MONTHLY BASE STEP STEP STEP STEP STEP RANGE A B C D E 61 5,230.34 5,491.86 5.766.45 6,054.77 6,357.51 62 5,357.91 5,625.80 5,907.10 6,202.45 6,512.57 63 5,491.86 5,766,45 6,054.77 6,357.51 6,675.39 64 5,625.80 5,907.10 6,202.45 6,512.57 6,838.20 65 5,766.45 6,054.77 6,357.51 6,675.39 7,009.16 66 5,907.10 6,202.45 6,512.57 6,838.20 7,180.11 67 6,054.77 6,357.51 6,675.39 7,009.16 7,359.61 68 6,202,45 6,512.57 6,838.20 7,180.11 7,539.12 69 6,357.51 6,675.39 7,009.16 7,359.61 7,727.59 70 6,512.57 6,838.20 7.180.11 7,539.12 7,916.07 71 6,675.39 7,009.16 7,359.61 7,727.59 8,113.97 72 6,838.20 7,180.11 7,539.12 7,916.07 8,311.88 73 7,009.16 7,359.61 7,727.59 8,113.97 8,519.67 74 7,180.11 7,539.12 7,916.07 8,311.88 8,727.47 75 7,359.61 7,727.59 8,113.97 8,519.67 8,945.66 76 7,539.12 7,916.07 8,311.88 8,727.47 9,163.84 77 7,727.59 8,113.97 8,519.67 8,945.66 9,392.94 78 7,916.07 8,311.88 8,727.47 9,163.84 9,622.04 79 8,113.97 8,519.67 8,945.66 9,392.94 9,862.59 80 8,311.88 8,727.47 9,163.84 9,622.04 10,103.14 81 8,519.67 8,945.66 9,392.94 9,862.59 10,355.72 82 8,727.47 9,163.84 9,622.04 10,103.14 10,608.29 83 8,945.66 9,392.94 9,862.59 10,355.72 10,873.50 84 9,163.84 9,622.04 10,103.14 10,608.29 11,138.71 85 9,392.94 9,862.59 10,355.72 10,873.50 11,417.18 86 9,622.04 10,103.14 10,608.29 11,138.71 11,695.64 87 9,862.59 10, 355.72 10, 873.50 11,417.18 11,988.04 88 10,103.14 10,608.29 11,138.71 11,695.64 12,280.43 89 10, 355.72 10,873.50 11,417.18 11,988.04 12, 587.44 90 10,608.29 11,138.71 11,695.64 12,280.43 12, 894.45 91 10, 873.50 11,417.18 11, 988.04 12,587.44 13,216.81 92 11,138.71 11,695.64 12,280.43 12,894.45 13, 539.17 93 11,417.18 11,988.04 12, 587.44 13,21681 1387765 94 11,695.64 12,280.43 12894.45 13, 53117 14,216.13 95 1 11,988.041 12, 587.44 13:216.81 13,877.651 14, 571.53 MN EXHIBIT 2 Health Benefits Reopener Methodology 1. When calculating the "average" increase in total monthly costs, all health plans available to City employees at the time of the reopener shall be included, regardless of whether any City employees participate in such plans at the time of the reopener (since there is the potential for an employee to choose any of the plans during open enrollment, so all should be included). 2. Add together all increases and subtract all decreases and divide by the total number of health plans available to City employees at the time of the reopener to obtain an overall average percentage increase or decrease. 3. Multiply the overall average percentage increase or decrease by the existing monthly cap to obtain the recommended increase or decrease to the monthly cap. 4. Recommendation is subject to Council approval. 170 EXHIBIT 3 4 Fd� OFT UNUSED SICK LEAVE ELECTION FORM Government Code Section 20965 and the City's contract for retirement benefits with Ca1PERS provides that unused accumulated sick leave at time of retirement may be converted to additional service credit at the rate of 0.004 year of service credit for each day of unused sick leave (i.e., 250 days of sick leave equals one additional year of service credit). You will be required to have your available unused sick leave time certified by the City, should you elect to convert it to service credit upon retirement. I am requesting disposal of my unused sick leave as set forth below: Name of Employee: Retirement date: Last day of physical presence at City Hall: (Choose only one option below) Please pay me for all unused sick leave hours as of the retirement date indicated above. Please pay me for hours of unused sick leave, and certify the remainder for conversion to service credit. Please certify all of my unused sick leave hours for conversion to service credit. Employee Signature Received By: Y:IFORMS AND LETTERS'Forms-028-Unused Sick Leave Election Form Date Date ill EXHIBIT 4 Rev. July 2011-7" CITY OF LA QUINTA Computer Loan Program Criteria The following criteria apply to the Computer Loan Program for the City of La Quinta, California: ELIGIBILITY All full-time employees who have completed probation are eligible. This is strictly a volunteer program and the employee will use their own time and expense in order to participate. Also, program parameters such as the maximum loan amount, interest rate and scope of the program, will be evaluated on an annual basis. SCOPE The City has adopted a Windows XR7 operating system. All computers and other hardware must be compatible with the Windows operating system to be eligible. The following items are included: Computers, printers, Fnedems, monitor, scanner, backup devices, hard drive, CD/DVD ROMem drives, surge protector, wireless routers, speakers, battery backup, upgrading current equipment, including memory, CPU motherboard components and warranty costs for up to a one year period. Software that is commonly used at the City is eligible. Normal installation costs and sales tax are also included. The following items are not included: Software (not included as loaded software in the computer purchase unless commonly used at the City) and Internet software and service charges. The City Manager may approve items not included within the scope of this section. FRFO[IFNCY Two drawings will be held each fiscal year on July 31 and January 31. After an employee has participated in the program, the employee will not be eligible again until all loans are repaid in full and for the next twenty four (24) months after the date of their previous drawing. Page 1 of 6 172 Rev. July.201 t7/08 AMOUNT OF LOAN A maximum of $1,750 will be reimbursed to the City within 2 years. In the event that an employee is eligible to receive the entire $1,750 and spends less, the remaining amount cannot be carried over to the next year. For example, if an employee receives approval to spend up to $1,750 and only requires $1,000, the remaining amount of $750 cannot be loaned in future years. Loans are awarded based on the availability of funds. INTEREST RATE The interest rate is five percent (5%) per year simple interest payable in 26 or 52 equal installments from the nearest payroll date of the loan. A $1,750 loan would be repaid in accordance with Attachment No. 1, Early payoff of loans will be for the outstanding principal at the next payroll date after notification. SELECTION PROCESS Eligible employees must submit Intent to Participate form by July 3151 and January 31" of each year, subject to available funds. Employees will be grouped into two classes - New Participants and Repeat Participants. A separate drawing will be held for each class. New participants have priority over repeat participants. Repeat participants are not eligible for a drawing until 24 months from their previous drawing have passed and all loans are repaid. Any participant who has defaulted on a previous loan is ineligible for future loans. The Human Resources/Risk Manager will conduct a duly witnessed random blind drawing to determine the selection order of eligible employees. The first name drawn will be the first in the selection process and will continue until available funded slots are filled. A list of each employee participating in the program and the order selected will be compiled and will be available on request, Employees have sixty days to complete their purchase from the date of the drawing or when they become eligible, if later. Each year the City will determine the amount that may be loaned for the Computer Program. No carryover of unused funds to the next fiscal year is allowed. As an example, 16 employees apply for the program but only 15 employees apply by July 31". Only 15 employees are eligible for the drawing. The 16`h employee may apply at the January 31 drawing. If the City determines that it can fund $17,500 or (10 x $1,750) 5 employees will initially not be eligible for the program. A random drawing is held and 10 numbers are ranked from 1 - 10. The 10 employees purchase Page 2 of 6 173 I Rev. July 20117109 their equipment and they do not spend their entire allocation leaving $3,500. The remaining $3,500 would be assigned to employees 1 and 2 at the January drawing. EMPLOYEE RESPONSIBILITIES The employee is responsible for application to the Computer Loan Program by July 3151 and January 31' of each fiscal year. The employee is responsible for purchasing the equipment within sixty days of award, handling vendor complaints, and maintaining service of the equipment. The computer equipment will be purchased by the employee in the employee's name. The City's only role is to provide loans for the purchase and the collection of the loan. The City loan is for the purchase of computer equipment and eligible software with payment by the City for its portion made payable to the computer vendor and not to the employee. The City will give the check payable to the vendor to the employee. If the employee purchase is for more than the City loan amount, the employee is responsible for the difference. The City will not be responsible for any difference nor will it cosign for any loans. In addition, no City purchase order may be used for any purchase nor may any employee verbally or in writing represent that the City is purchasing equipment for its use. If the purchase price is greater than $1,750, the employee must make arrangements with a vendor to accommodate this method of payment. Prior to any payments being made, the employee must submit a sales quote for the items being selected to the Human Resources/Risk Manager. After being reviewed for eligibility, the employee will be notified of any items not qualifying under the Program. After the sales quote has been reviewed and modifications made, a check to the computer vendor will be produced. The vendor check will be given directly to the employee. The employee will then produce a final invoice to the Finance Director evidencing the transaction. The City will not make a loan if the previously described steps have not been complied with. For instance, the City will not reimburse an employee after a purchase has been made by the employee. REPAYMENT The employee will sign a slip authorizing withholding of the principal and interest amount from future paychecks and authorizing the City to withhold any remaining principal and interest still due and owing from their final paycheck, In the event the employee leaves City service before the loan is repaid.: Efepleyees who leave•the GiPy se.. -- - before -the-lean4s-repaid-`.4AI-pay the ►emainrng prfneipat..and iRtRFPS1 in their #+nai.-paysheok. If the loan amount exceeds the final paycheck after all other withholdings are made, the employee will pay the remaining principal amount due with Page 3 of 6 174 I Rev, July 20117109 personal funds within one week of leaving City service. It is the employee's responsibility to make payment. If such payment is not made within seven days, the employee is deemed to have defaulted on the loan. The City will commence actions it deems necessary to collect on the remaining loan. Interest will continue to accrue after default until repaid in full. Interest may accrue past the two-year term of the loan if still in default at the end of the second year. The City may turn the defaulted loan over to a collection agency, Small Claims Court; City legal resources or other measures necessary for collection. The City will attempt to recover any costs expended on collecting the loan from the employee. VENDOR SELECTION The City has not specified one particular vendor nor does it recommend a particular vendor. The employee is responsible for selecting a vendor and negotiating the price, warranty and other terms of the purchase, The City will only pay for up to one year of warranty costs if the employee has an interest in this area. Those items are listed in the Scope Section of this Policy. The employee is responsible for any mailing and service charges not covered by any warranties. USE OF COMPUTERS The City does not restrict the use of this equipment to its employees. The City encourages employees to use the computers. Employees may not claim hours worked at home. The City's only criterion is that the computers remain in the employee's residence during the term of the loan and be Windows 7X4? compatible. If the equipment is returned or sold before the end of the loan, the outstanding principal and any accrued interest to the next payroll date are due and payable. If the loan amount exceeds the paycheck, the repayment process described previously will be followed. EARLY DUE DATE OF LOAN The loan is for a two-year period unless the following events occur in which case the principal and interest is due to the next payday: Sale of the Computer • Moving the computer from the residence • Return of equipment to the vendor Page A of 6 115 Rev. July.,201,17/09 ATTACHMENT The attached form will be used to document the transaction. Page 5 of 6 116 I Rev. July 2011 i108 CITY OF LA QUINTA COMPUTER LOAN PROGRAM EMPLOYEE NAME (Please print) DATE: SUPPORTING DOCUMENTATION: SALES QUOTE $ (Please attach all documentation) AMOUNT OF AUTHORIZED LOAN $ I have received and read the Computer Loan Policy of the City of La Quinta and hereby authorize the City to withhold the following amount from my paycheck for the number of pay periods indicated in the following table: Number of Pay Periods: (Please circle one) 26 (S ); or 52 ($ - ) In the event I leave City service before the loan is repaid I hereby authorize the City to withhold any remaining principal and interest still due and owing from my final paycheck, and to pursue other collection remedies in accordance with the provisions of the Computer Loan Policy. Employee Signature Date: Finance Director Signature Date: PLEASE RETURN TO THE HUMAN RESOURCES/RISK MANAGER Page 6 of 6 117 EXHIBIT 5 City of La Quinta 9/80 Alternate Work Week Schedule (AWWS) 1. Participation Participation in the 9/80 Alternate Work Week Schedule (AWWS) is voluntary and subject to Department Director approval consistent with the needs of the City. Employees shall be required to sign the "Alternate Work Week Schedule Agreement" (Attachment A) acknowledging receipt and acceptance of the requirements of this policy. This policy will remain in place until the expiration of the current Memorandum of Understanding with the La Quinta City Employees' Association, or until cancelled by management, whichever occurs sooner. 2. Work Schedule Participants in the 9180 AWWS elect to work from 7:30 a.m. to 5:30 p.m. Monday through Thursday each week, and from 8:00 a.m. to 5:00 p.m. every other Friday, including a one hour unpaid lunch period each day, with the opposite Friday being designated as the "Regular Day Off' (RDO). Variations of this schedule may be approved by the Department Director for select positions when doing so will result in more efficient operations for the department (i.e., Code/Animal Control Officers; certain Public Works positions, certain Community Services positions; etc.). Employees may also elect to stay on a regular 5/40 work schedule (8 hours per day, 5 days per week). 3. FLSA Workweek The work period shall consist of, for FLSA purposes, a fixed and regularly recurring period of seven consecutive 24-hour periods (168 hours), or 40 hours worked within a seven-day period, beginning at noon on Friday and ending at noon the immediately subsequent Friday. 5/40 Employee Example: MON TUES WED THURS FRI Week 0 4 hrs (before noon) applies to week prior to Week 1 4 hrs after noon applies to Week 1 Week 1 8 hrs 8 hrs 8 hrs 8 hrs 4 hrs before noon applies to Week 1 4 hours after noon applies to Week 2 Week 2 8 hrs 8 hrs 8 hrs 8 hrs . 4 hrs before noon applies to Week 2 4 hours (after noon) applies to Week 3 The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity or efficiency as determined by the department director. A/B Schedules — To continue to provide service to the public every Friday, employees on a 9/80 schedule are to be divided between two schedules, known as the "A" or "B" schedule, based upon departmental needs. For identification purposes, the schedules shall be known as follows: "A" schedule shall have "Payday" Friday off "B" schedule shall have the "Non -payday" Friday off Created December 2009 9/80 Employee Example (Schedule A): MON TUES WED THURS FRI Week 0 4 hrs (before noon) applies to week prior to Week 1 4 hrs after noon applies to Week 1 Week 1 9 hrs 9 hrs 9 hrs 9 hrs 8 hour Regular Day Off Week 2 9 hrs 9 hrs 9 hrs 9 hrs 4 hrs before noon applies to Week 2 4 hours (after noon) applies to Week 3 9/80 Employee Example (Schedule B): MON TUES WED THURS FRI Week 1 9 hrs 9 hrs 9 hrs 9 hrs 4 hrs before noon applies to Week 1 4 hours after noon applies to Week 2 Week 2 9 hrs 9 hrs 9 his 9 hrs 8 hour Regular Day Off "RDO's other than Fridays are utilized only by specific positions designated and approved by Department Directors for purposes of maintaining departmental efficiency. For staff on a 9/80 work schedule that includes Saturday and/or Sunday, the work period will begin four hours after the start time of the day of the week which constitutes the employee's alternating Regular Day Off. The work week shall end exactly 168 hours later. 4. Schedule Changes Changes to an employee's schedule may only be made when an employee requires a schedule change to accommodate major life changes (e.g. change in daycare situations, care for seriously ill relative, death of spouse, adoption of child, etc.). Directors have discretion to temporarily change an employee's schedule because of business demands, vacation schedules, disciplinary issues, etc. All such temporary changes initiated by a Director must be for a minimum of two weeks and must begin at the beginning of a pay period. 5. Notification Both Human Resources and Payroll must be notified in writing at least 2 weeks in advance on the form referenced as Attachment A, when an employee begins or ends the 9/80 AWWS. The beginning notification must include the beginning date of the 9/80 AWWS, the RDO, and the 8-hour workday. The ending notification must designate the ending date of the 9/80 AWWS. 6. 6-Hour Workday For FLSA covered (non-exempt) employees, changes in the starting time or ending time (flexing the work shift) on the 8-hour day is not permitted unless specifically authorized to meet departmental work demands. Since flexing the work shift on the 8-hour workday incurs overtime liability, the Participant's time card must reflect appropriate hours worked to correspond with the flexing of the work shift. For example, an employee eligible for overtime cannot report to work one (1) hour late and work one hour over his/her regularly scheduled shift to make up for the one hour. The employee must use one (1) hour of available leave, authorized leave, or unauthorized leave without pay, to cover the one (1) hour absence. Created December 2009 2 179 7. Lunch The Personnel Policies should be referred to regarding lunch breaks (Section 6.30). However, all employees on a 9/80 AWWS shall be required to take a minimum of one (1) hour lunch break (with the exception of Maintenance personnel). An employee may not combine the two (2) 15-minute breaks with the one (1) hour lunch break (for employees who currently have the 2 breaks and the half (1) hour lunch break, with the exception of Maintenance personnel) nor can the two (2) 15- minute breaks be used to leave early or to make up time when the employee arrives to work late. 8. 9180 Timekeeping Accurate time records must be maintained when administering the 9/80 AWWS. The employee and supervisor are responsible for accurate time reporting of hours worked and accounting for use of any and all accrued leave. 8.1 Implementation: When an employee first begins the 9/80 AWWS, the initial timecard must specify the start date of the 9/80 AWWS and the RDO in the upper left hand corner (Sample 1). The code "9/80" and the RDO must be annotated in the upper left hand corner on each subsequent time card (Sample 2). 8.2 Leaves of Absence: 8.2.1 Military leave, long-term W/C injury absences and other approved leaves of absence of more than two (2) weeks require eight (8) hours or less of the employee's time per day. Therefore, employees on the 9/80 AWWS will be required to change to a regular five (5) day 40-hour work schedule during a leave of absence. The employee's timecard must be annotated "Off 9/80" in the upper left hand corner of the card with the date the employee is taken off the 9/80 AWWS and the schedule reverts to a regular 40-hour workweek (8 hours per day; 40 hours per week) (Sample 3). Removing employees from the 9/80 AWWS because of a leave of absence usually requires special time keeping; therefore, please contact Payroll for assistance. 8.2.2 Jury duty: The provisions of the City's Personnel Policies shall continue to apply, however, if an employee is called to serve on jury duty during the employee's normal day off, Saturday or Sunday, then the jury duty shall be considered the same as having occurred during the employee's day off from work; therefore, the employee will receive no added compensation. 8.3 Holidays: For all holidays, including the floating holiday, the City will pay for the standard eight (8) hours of work. 8.3.1 On Workday: When a holiday falls on a regular nine (9) hour workday, the employee must use one (1) hour of personal accrued vacation, compensatory time, floating holiday, or administrative leave to make up the ninth (9t°) hour in order to receive a full paycheck. Each employee shall designate on his/her timesheet whether vacation, compensatory time, floating holiday or administrative leave should be used. The time may not be charged to sick leave. If a person has no leave time, he/she will be docked one (1) hour of Leave Without Pay (LWOP), which requires supervisor approval in advance (same as Sample 2). Created December 2009 3 1 80 8.3.2 On RDO: When a holiday falls on an employee's RDO, the employee will be required to take an alternate day off within the same week, subject to supervisory approval, and the employee will be required to use one (1) hour of personal accrued vacation, compensatory time, floating holiday, or administrative leave hour to make up for the ninth (9`h) hour in order to receive a full paycheck. Each employee shall designate on his/her timesheet whether vacation, compensatory time, floating holiday or administrative leave should be used. The time may not be charged to sick leave. If a person has no leave time, he/she will be docked one (1) hour of Leave Without Pay (LWOP), which requires supervisor approval in advance (Sample 4). 8.4 Overtime for FLSA Covered Employees: 8.4.1 Supervisory Approval: Overtime worked will be credited to the employee as compensatory time or paid overtime with supervisor approval (Sample 5). 8.4.2 Overtime at Time and One -Half: Employees eligible to receive overtime (FLSA covered employees), will continue to receive overtime in accordance with the MOU or the City's Personnel Policies for all hours in excess of forty (40) hours in a work week. 8.4.3 Overtime on RDO: An employee may occasionally be required to work overtime on their RDO. If or when this occurs, the employee will receive payment or be credited with compensatory time for the number of hours worked. The timecard must be coded RDO on the specific RDO day and the number of overtimehours worked must be identified below on that same day (Sample 6). 8.5 Absences: 8.5.1 9-Hour Day Absences: An employee who is absent on a nine (9) hour workday will be charged with nine (9) hours of paid leave. 8.5.2 LWOP: An employee who is absent on either Authorized or Unauthorized Leave Without Pay on a nine (9) hour day will be coded as nine (9) hours of either Authorized or Unauthorized Leave Without Pay. 9. Personal Time Off To the greatest extent possible, employees should attempt to schedule medical or other personal appointments on their scheduled regular Friday off (RDO). Also, employees should make all efforts to avoid taking miscellaneous time off on the "working' Fridays to avoid undue hardship on their fellow coworkers. 10. Emergencies All employees on the 9/80 AWWS are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Director or designee may require such service from any of said employees. This includes staff shortages in a department. In the case of staff shortages, management will notify the affected employee at least one (1) week prior to the change of the work schedule. Policy questions regarding the AWWS may be directed to the Human Resources/Risk Manager at Extension 7041. Timekeeping questions may be directed to the Senior Account Technician at Extension 7059. Created December 2009 - 4 181 04 �� AGENDA CATEGORY: BUSINESS SESSION: _ COUNCIL/RDA MEETING DATE: July 5, 2011 CONSENT CALENDAR: ITEM TITLE: Consideration of Investment Advisory STUDY SESSION: Board 201 1-2012 Work Plan PUBLIC HEARING: RECOMMENDATION: Approve the Investment Advisory Board 2011 /2012 Work Plan. FISCAL IMPLICATIONS: Fiscal implications consist of Board Members meeting expenses, budgeted at $4,500, and staff support time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Municipal Code Section 2.70.030 sets forth the work plan items for the Investment Advisory Board for each year as follows: 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 of change of financial institutions, custodians, brokers and dealers. 182 The Investment Advisory Board met on June 8, 2011 and is not recommending that any additional Work Plan Items be added to those outlined in the Municipal Code. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Investment Advisory Board 201 1 /2012 Work Plan; or 2. Do not approve the Investment Advisory Board 201 1 /2012 Work Plan; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager 183 COUNCIL/RDA MEETING DATE: July 5, 2011 ITEM TITLE: Consideration of an Ordinance Amending Title 11 of the La Quinta Municipal Code to Add Section 11.44.100 (Dog Park Rules and Regulations) to Chapter 11.44 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. _, on first reading amending Title 11 of the La Quinta Municipal Code to add Section 1 1.44.100 (Dog Park Rules and Regulations) to Chapter 11.44.. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta does not have any provision in its municipal code regulating rules for the dog parks. Z The increasing popularity of the dog parks in La Quinta has created issues that require the City to clarify responsibilities and possible grounds for enforcement within the dog park areas. Currently, the La Quinta Municipal Code addresses prohibited conduct in parks and recreation areas 01.44.060), rules regarding dog licensing 00.08.010), leash laws (10.28.010), and clean-up (10.28.025). The proposed Dog Park Rules Ordinance will provide additional regulations for situations regarding dog conduct, spectators, unsupervised children, food, and special events within the City's' dog parks. 184 Staff has conducted research with assistance from the California Joint Powers Insurance Authority to determine the need for a municipal code provision to regulate rules for all City dog parks. At the June 13, 2011 meeting, the Community Services Commission unanimously approved the proposed dog park rules to be recommended to the City Council for approval. The following rules are suggested: A. Dog parks are to be used by dog owners (handlers) and their dogs only. All other activities are prohibited. B. Dog owners using the dog park are using it at their own risk. C. The City is not responsible for injuries to people and dogs or illnesses dogs may contract. D. The City reserves the right to eject anyone from the dog park at any time for any reason. E. Adults must accompany children 12 years old and younger. F. Dog Park hours are 6 a.m. to 10 p.m. G. Dogs must never be left unattended. H. All dogs must have current vaccinations and a current City dog license. I. Unruly dogs are not allowed. J. Female dogs in Estrus (heat) are not allowed. K. Dogs are only allowed in the area that is designated for their weight class. L. Dogs in small dog areas are to be 25 lbs. or less M. Dog owners must clean up after their dog(s). N. Owners must stop their dog(s) from digging. Any holes created must be filled by the owner of the dog(s). O. No smoking, alcohol, or drug use is permitted. P. No loitering permitted in the designated dog park. 185 Q. Unauthorized pieces of equipment, obstacles, or apparatus are not allowed in the designated dog park (skateboards, scooters, bicycles, etc.). R. No dog food (e.g., dog treats) or human food allowed in the dog park. S. Glass containers are not allowed in the dog park. T. Special events or contests are not allowed in the dog park without first obtaining written authorization from the City. FINDINGS AND ALTERNATIVES: The alternatives available to the Council include: 1. Motion to take up Ordinance No. _, by title and number only and waive further reading. Motion to introduce Ordinance No. _, on first reading amending Title 11 of the La Quinta Municipal Code to add Section 11.44.100 (Dog Park Rules and Regulations) to Chapter 11.44; or 2. Do not introduce an Ordinance amending Title 11 of the La Quinta Municipal Code to add Section 11.44.100 (Dog Park Rules and Regulations) to Chapter 1 1.44; or 3. Provide staff with alternative direction. Respe fully submitted, Edie H ton Community ervices Director Approved for submission by: `-�✓�?J Thomas P. Genovese, City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE, TO ADD SECTION 11.44.100 — DOG PARK RULES AND REGULATIONS. WHEREAS, the City wishes to amend the La Quinta Municipal Code to regulate rules for all dog parks; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta does ordain as follows: SECTION 11.44.100. Section 11.44.100 is hereby added to Title 11, the "PARKS AND RECREATION AREAS" Chapter of the La Quinta Municipal Code, reads in its entirety as follows: Section 11.44.100 Dog Park Rules and Regulations. A. Dog parks are to be used by dog owners (handlers) and their dogs only. All other activities are prohibited. B. Dog owners using the dog park are using it at their own risk. C. The City is not responsible for injuries to people and dogs or illnesses dogs may contract. D. The City reserves the right to eject anyone from the dog park at any time for any reason. E. Adults must accompany children 12 years old and younger. F. Dog Park hours are 6 a.m. to 10 p.m. G. Dogs must never be left unattended. H. All dogs must have current vaccinations and a current City dog license. I. Unruly dogs are not allowed. J. Female dogs in Estrus (heat) are not allowed. K. Dogs are only allowed in the area that is designated for their weight class. 181 Ordinance No. 2011- Dog Park Rules and Regulations Adopted: July 5, 2011 Page 2 of 3 L. Dogs in small dog areas are to be 25 lbs. or less. M. Dog owners must clean up after their dog(s). N. Owners must stop their dog(s) from digging. Any holes created must be filled by the owner of the dog(s). O. No smoking, alcohol, or drug use is permitted. P. No loitering permitted in the designated dog park. Q. Unauthorized pieces of equipment, obstacles, or apparatus are not allowed in the designated dog park (skateboards, scooters, bicycles, etc.). R. No dog food (e.g., dog treats) or human food allowed in the dog park. S. Glass containers are not allowed in the dog park. T. Special events or contests are not allowed in the dog park without first obtaining written authorization from the City. PASSED, APPROVED, and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 5`" day of July, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California RM Ordinance No. 2011- Dog Park Rules and Regulations Adopted: July 5. 2011 Page 3 of 3 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 189 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July, 5, 2011 3 BUSINESS SESSION: ITEM TITLE: Consideration of a Use and Marketing Agreement by and Between Desert Classic Charities CONSENT CALENDAR: and the City of La Quinta STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a Use and Marketing Agreement by and between Desert Classic Charities and the City of La Quinta in an amount not to exceed $110,000, and authorize the City Manager to execute the Agreement subject to any minor modifications approved by the City Manager and the City Attorney. FISCAL IMPLICATIONS: Police services are estimated to be $70,000; fire/emergency medical services are estimated to be $25,000; and waste/recycling services are estimated to be $15,000; for a not -to -exceed total of $110,000. The City will also. provide in -kind services, including the use of four traffic safety message boards, and installation of Tournament banners in the Village. These services are funded from the Fiscal Year 2011-2012 budget and no new appropriation is required. CHARTER CITY IMPLICATIONS: The City's Charter allows the City to utilize general fund revenues to encourage, support, and promote economic development. The annual Bob Hope Classic golf tournament (being referred to as the "Tournament"), which is organized by Desert Classic Charities, will take place in the City of La Quinta and benefit the local economy. BACKGROUND AND OVERVIEW: In June 2007, the City entered into an Amended Use Agreement with Desert Classic Charities (dba Bob Hope Classic) for use of the Arnold Palmer Classic Course at 190 SilverRock Resort (Attachment 1). One year later, Classic officials requested the City's participation in related public safety and recycling costs; in return, they agreed to provide enhanced marketing and promotional benefits to the City. To that end, every year since 2008, a Supplemental Marketing Agreement has been negotiated between the City and Hope Classic (last year's agreement is provided as Attachment 2). This past January, all golf play took place within the City of La Quinta. Four golf courses were part of the rotation, including the Arnold Palmer Classic Course at SilverRock Resort, the La Quinta Country Club, and the Nicklaus and Palmer courses at PGA West. In April 2011, it was announced that Humana, partnered with the William J. Clinton Foundation, would be the new Title Sponsor of the Bob Hope Classic for eight years. Also announced was that the Tournament for 2012 would undergo prospective changes. Some of the changes and new developments staff is aware of include: 1. Tournament has a new Title Sponsor —Humana 2. William J. Clinton Foundation to hold two-day Health Conference during Tournament Week 3. Reduction to four days of play instead of five 4. Increase of professional players from 128 to 144 5. Reduction of amateur players from 384 to 144 6. Number of participating courses will drop from four to three 7. Arnold Palmer Classic Course at SilverRock not in rotation It is staff's understanding that the Tournament format changes were made in response to suggestions made by Professional Golfers Association (PGA) Tour players. Many details of the enhanced Tournament will undoubtedly continue to be worked out. City staff has had numerous discussions with Classic officials regarding plans for 2012 and beyond. These discussions have resulted in the preparation of a new agreement that the City Council is being asked to consider today which is titled, "Use and Marketing Agreement by and between Desert Classic Charities and the City of La Quinta" (Attachment 3). In essence, it melds the Amended Use Agreement as it relates to the 45-acre parking area and the Supplemental Marketing Agreement. Key points of this new agreement are highlighted below: • Term — The term will coincide with that of the partnership/agreement among Humana, the William J. Clinton Foundation, and the PGA TOUR; and terminate after the Tournament of 2019. However, the continuation of the agreement from year to year beyond the 2012 Tournament would be contingent upon the City Council appropriating the necessary funding for the agreement during the budget process. If the funding was not appropriated, the agreement would be terminated. 191 • Marketing Benefits - The City will continue to be recognized as an official Tournament Sponsor and the Host City. The Classic will provide the City with special event passes and tickets to the Tournament, and serve as a facilitator with Humana to promote wellness and healthy living in La Quinta via events, advertising, and public relations. The Classic is encouraged to work with La Quinta hotels, businesses, and key partners (such as the Chamber of Commerce). A complete list of co -marketing initiatives in included is Exhibit "B" of the agreement. • Parking Facilities - The Classic is entitled to use a 45-acre site at SilverRock for event parking. A replacement site will also be made available in lieu of the 45- acre site if the City decides to make a separate use of the area. • SilverRock Golf Course - If the Arnold Palmer Classic Course at SilverRock is selected for play in the future and the parties agree to its inclusion, the parties would need to enter into a new agreement patterned after the Amended Use Agreement pertaining to applicable operations, fees, and PGA standards for course preparation. • Public Safety and In -kind Services - The City will incur the costs associated with Tournament public safety, fire, emergency services, solid waste disposal, and recycling. The total for these services is not to exceed $1 10,000. In -kind services involve the Public Works Department providing four traffic safety message boards and installation of Tournament banners in the Village. • Existing Use Agreement - The existing Amended Use Agreement would be terminated and would be replaced with this Agreement. The fact that SilverRock will not be included in the rotation results in cost savings and benefits to the City. The course will remain open during Tournament Week, which is of benefit to residents and visitors. City staff will continue to work closely with the Classic and Humana to ensure a prominent La Quinta message is incorporated in all Tournament marketing materials and promotions. Staff is also working on a list of potential healthy/active living events that can be held prior, during, and after Tournament Week that will position La Quinta as one of the healthiest cities in the nation. 192 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Use and Marketing Agreement by and between Desert Classic Charities and the City of La Quinta in an amount not to exceed $1 10,000, and authorize the City Manager to execute the Agreement subject to any minor modifications approved by the City Manager and the City Attorney; or 2. Do not approve a Use and Marketing Agreement by and between Desert Classic Charities and the City of La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, Mari asillas Mar eting/Economic Development Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Amended Use Agreement with Desert Classic Charities 2. Supplemental Marketing Agreement by and between Desert Classic Charities and the City of La Quinta 3. Use and Marketing Agreement by and between Desert Classic Charities and the City of La Quinta -A 193 ATTACHMENTI AMENDED USE AGREEMENT BY AND BETWEEN DESERT CLASSIC CHARITIES AND THE CITY OF LA QUINTA This Use Agreement ("Agreement") is entered into this li' day of �j,�e_ 2007, by and between the City of La Quinta, a municipal corporation ("City") and the Desert Classic Charities, dba Bob Hope Chrysler Classic, a California public benefit corporation ("Hope Classic"). The City and the Hope Classic are sometimes hereinafter individually referred to as 'Party" and collectively as "Parties." In consideration of the mutual promises and covenants hereinafter set forth, the Parties agree as follows. SECTION 1. Recitals Section 1.1 The La Quinta Redevelopment Agency ("Agency") owns certain real property generally located on the western side of Jefferson Street between Avenue 52 and Avenue 54 in the City of La Quinta (the "Property"). Section 1.2 The Agency has developed on the Property one golf course and anticipates that it will develop a second golf course on the Property. The completed golf course on the Property (the "SilverRock Tournament Course" formally named the "Arnold Palmer Classic Course") is a championship golf course generally suitable for use by professional golfers who participate in golf tournaments conducted or sponsored by the PGA Tour, Inc. ("PGAT"). As used herein, the SilverRock Tournament Course may, subject to mutual future written agreement between the parties, include the second 18-hole golf course yet to be planned or constructed. The Agency has authorized the transfer the SilverRock Tournament Course to the City, which has assumed the maintenance and operation functions the SilverRock Tournament Course. Section 1.3 The City and the Hope Classic desire and intend that the I -lope Classic have exclusive use of the SilverRock Tournament Course for one (1) consecutive seven-day period each year (the "Exclusive Period") occurring sometime between the first day of January and last day of February, or within a different time period designated by PGAT and agreed to by Hope Classic and the City. The purpose of the Exclusive Period is to allow the Hope Classic to conduct the Bob Hope Chrysler Classic. The City and the I -lope Classic agree that the Silver Rock Tournament Course has been designated as "A Home Course of the Bob Hope Chrysler Classic." U9,015610-0065 '�a11. 194 449424 22 a05 31(01 SECTION 2. Conditions Precedent. _The transfer of the SilverRock Tournament Course to the City by the Agency shall be conditions precedent to the parties' obligations under this Agreement. SECTION 3. Exclusive Use of SilverKock "lournament course ana conduct or Tournament at SilverRock Tournament Course. In consideration of the payment by the Hope Classic to the City of One Dollar ($1.00) per year, as well as other good and valuable consideration including, without limitation, the good reputation and benefits accorded to the City associated with the Bob Hope Chrysler Classic being conducted in part at the SilverRock Tournament Course, the City and the Hope Classic agree that for the Term of this Agreement (as hereinafter defined), the Hope Classic shall have an exclusive license to use the SilverRock Tournament Course during the Exclusive Period solely for purposes of conducting the Bob Hope Chrysler Classic. The Ilope Classic agrees that during each year of the Term„ the SilverRock Tournament Course will be part of the rotation for the Tournament, and that each year, a portion of the Tournament will be played on the SilverRock Tournament Course. Such exclusive use shall be deemed to include use by third parties with whom the Hope Classic enters into agreements for purposes of food and goods concessions, site preparation, and the delivery, set up, and pick up of equipment, provided that the third parties have agreed in writing to independently satisfy the insurance and indemnity provisions contained in this Agreement in favor of the City. The Parties understand and agree that the use of the SilverRock Tournament Course during the Exclusive Period shall include the use of the Parking Facilities (as hereinafter defined). The Exclusive Period shall not extend to the clubhouse which serves the SilverRock Tournament Course, except that the City will use a good faith effort to provide within the permanent clubhouse a secure area for Tournament contestants who require security, which area shall not be accessible by the public. The Hope Classic recognizes that the clubhouse will remain open to the City, to the public, and to golfers on the second anticipated golf course during the Exclusive Period, and cannot be closed. Within seven days after the conclusion of the Exclusive Period, the Hope Classic shall be responsible for returning the condition of the SilverRock Tournament Course, and all other portions of the Property utilized in connection with the Tournament, to the same condition that the facilities where in prior to the Exclusive Period. The restoration of the SilverRock Tournament Course shall be subject to the review and approval of the City Manager or his or her designee. The obligation to restore the SilverRock Tournament Course to its prior condition shall be the obligation of the Hope Classic even if the condition to be repaired or restored was caused by one or more of the subcontractors, agents, or sublicensees of the Hope Classic. SECTION 4. Replacement Tournament/Sponsor. If the Hope Classic ceases to conduct the Bob Hope Chrysler Classic during the Term of this Agreement, or if the named sponsor of the tournament changes, this Agreement will extend to a successor or replacement golf tournament only if all of the following conditions are met: (1) the tournament is conducted and sponsored by the PGAT; (2) the tournament provides equal or greater media exposure and goodwill for the City and the SilverRock Tournament Course; (3) the tournament and/or new sponsor is approved by the Hope Classic; (4) the tournament is approved by the City Council; and (5) the new sponsor is approved in writing by both the PGAT and 1-lope Enterprises, Inc, With regard to condition (4) stated in the prior sentence, the City Council hereby agrees that a tournament will automatically satisfy that condition and is considered "pre -approved" by the City Council if it meets all of the following three criteria: (i) the Bob Hope name is used in the title of the tournament; (ii) the tournament is at least four (4) days in length; and (iii) the tournament is conducted and sponsored by the PGAT. The Bob Hope Chrysler Classic and a replacement tournament meeting all of the five (5) requirements in the 119/015610-0065 -2- - 449424.22 a0513 1/0 195 first sentence of this Section are. collectively referred to hereinafter as the "Tournament"). If the Hope Classic ceases to conduct the: Bob Hope Chrysler Classic as it currently is conducted, or if the named sponsor of the event changes, this Agreement shall terminate unless the replacement tournament meeting these five requirements is to be conducted without missing a year. SECTION 5. Grant of Non -Exclusive Use of the Property. The Parties further agree that the [lope Classic shall have a non-exclusive license for access to and use of the SilverRock Tournament Course, and all facilities and amenities related thereto on the SilverRock Tournament Course, for a period commencing twenty-one (21) days prior to the Exclusive Period and extending to the Exclusive Period, and then again commencing at the conclusion of the Exclusive Period and extending seven (7) days following the Exclusive Period (the "NonExclusive Period"), solely for the purpose of installing temporary equipment and facilities, removing such equipment and facilities, restoring the SilverRock Tournament Course to its prior condition, and completing other activities necessary for the preparations for the Tournament or for carrying out the Post -Tournament requirements of this Agreement. Any and all activities conducted by the Hope Classic and its agents and concessionaires on the Property during the Non -Exclusive Period shall be conducted in such a manner so as to in no way interfere with the regular and ongoing use and enjoyment of the SilverRock Tournament Course by golfers, clubhouse users, and by the City. In addition, the activities by the Hope Classic or its agent and concessionaires on the Property during the Non -Exclusive Period shall be conducted in such a manner so as to in no way interfere with the use, enjoyment, or construction of any other part of the Property. Such non-exclusive use shall be deemed to include use by third parties with whom the Hope Classic enters into agreements for purposes of completing the required activities during that period, provided that the third parties have agreed in writing to independently satisfy the insurance and indemnity provisions contained in this Agreement in favor of the City. SECTION 6. Notice of Exclusive Period. The Hope Classic shall provide to the City written notice of the dates of the Exclusive Period at least ninety (90) calendar days prior to the commencement of the Exclusive Period. If the PGAT announces its schedule for the coming year prior to the ninety (90) day period, the Hope Classic shall provide such written notice within five (5) business days of its receipt of such schedule information. SECTION 7. Parkins; Facilities. Prior to the commencement of the Term of this Agreement, the City shall designate approximately 45-acres of the Property ("the 45- Acre Site"), which will be able to accommodate parking during the Tournament. Once the 45-Acre Site has been designated by the City, the Hope Classic will provide a one- time contribution of Fifty Thousand Dollars ($50,000.00) ("One -Time Contribution") to the City, or at the City's election, to the Agency, for the installation of turf, irrigation, and soil preparation and contouring on the 45-Acre Site. The One -Time Contribution will be made within thirty (30) days after the date that the City or Agency approves the award of a contract for the development of the 45-Acre Site. If, after the 45-Acre Site is initially developed in a manner that can accommodate Tournament parking, the City determines to change use of the 45-Acre Site in a manner that will no longer accommodate Tournament parking, the City will designate 45-acres in another 1191015610-0065 44942422 .05/31/07 «". 196 location of the Property to be used for Tournament parking ("the Replacement 45-Acre Site"). The areas designated by the City for parking shall be referred to hereinafter as the "Parking Facilities". Hope Classic shall be responsible for all measures necessary to prevent dust generation from the Parking Facilities during the Exclusive Period. The Hope Classic shall have exclusive use of and shall be responsible for operating the Parking Facilities during the Exclusive Period. Within seven days after the Exclusive Period, the Hope Classic shall return the Parking Facilities to the condition that the Parking Facilities were in prior to the Exclusive Period. However, as to the Replacement 45-Acre Site, if the surface is not turfed or paved, the City shall be responsible for the installation of soil stabilizer. In addition, the agreements that the Hope Classic enters with any operator or operators of the Parking Facilities must require that the operator(s) provide the same or greater levels of insurance and indemnity favor of the City as are set forth Section 15 and Section 16.2, below. The Hope Classic agrees that the City shall have no liability for any injuries or losses arising out of the use of the Parking Facilities. SECTION 8. Maintenance of Golf Course/Alterations. Except for the Hope Classic's obligation to return the SilverRock Tournament Course to its prior existing condition as specified in Section 3, the City shall, at its cost and expense, maintain the SilverRock Tournament Course throughout the year in good condition. In addition, during the thirty (30) day period prior to the Exclusive Period, the City shall take such further necessary steps to prepare the SilverRock Tournament Course for the Tournament in accordance with the course conditioning plan as required by the PGA Tour Tournament officials and the Hope Classic. The Hope Classic recognizes and agrees that the City will not close the SilverRock Tournament Course or limit the play thereon prior to the Exclusive Period under any circumstances. The City shall continue to be responsible, at its cost and expense, for the operation and maintenance of the SilverRock Tournament Course throughout the Exclusive Period. Before making any substantial modifications or substantial changes ("Proposed Alteration") to the SilverRock Tournament Course, the City shall notify the PGA Tour Tournament officials and provide said officials a reasonable opportunity to provide input on the Proposed Alteration. The City shall consider the input in good faith. The City retains the sole and absolute right to reject the input of the PGA Tour Tournament on the Proposed Alterations and to make Proposed Alterations in a manner contrary to the recommendations and comments of the PGA Tour Tournament officials. However, in the event that the City does so and the PGA Tour Tournament officials determine that the SilverRock Tournament Course is no longer in a condition suitable to be utilized in the Tournament, the Hope Classic shall have the right to cancel this Agreement and neither party shall have any further obligations hereunder. SECTION 9. Designation of SilverRock Tournament Course. Following the execution of this Agreement, the City, the Agency, their agents, and their respective successors -in -interest on other portions of the Property, if any, may designate and refer to the SilverRock Tournament Course as "a home course of the Bob Hope Chrysler Classic [or Tournament Name]" or as "a course of the Bob Hope Chrysler Classic (or Tournament Name]." In addition, the City. and the Agency, in the promotion of the SilverRock Tournament Course, may use the Hope Classic logos, without alteration except as to size, copies of which are attached hereto as Exhibit "A" ("Logos"). The authorized references may appear in brochures, in advertising, and on signage relating to the Property. The Hope Classic represents and warrants that it has the legal authority to grant these rights, and understands that these rights are a material 119l015610-W65 449424 22 aO5!31!07 " 197 inducement to the City to enter into this Agreement, and further agrees to hold harmless, indemnify and defend the City and Agency for any claims asserted against it for the use of the above -referenced language. Use of the Logos by persons other than the City or Agency is subject to the prior written approval of the Hope Classic. The Parties understand and agree that the Tournament shall, in part, be conducted at other regional golf courses each year in addition to the SilverRock Tournament Course. The Hope Classic agrees to use its best efforts to cause the broadcast partner televising the Tournament to televise certain spots depicting and promoting the SilverRock Tournament Course and the City of La Quinta, and to identify the location as being in the City of La Quinta. In the event that the Classic Club for any reason is not to be used as the course for the final day of the Tournament, the SilverRock Tournament Course will be the first alternate as the course for the final day of play so long as the course and property may be configured in similar fashion to that used at the Classic Club a copy of such configuration is attached hereto as Exhibit "B". SECTION 10. Parkina, Concession and Annual Payment. The Hope Classic shall have exclusive authority and responsibility for the operation of the Parking Facilities and any and all concessions of food and/or goods on the SilverRock Tournament Course during the Exclusive Period, except with respect to facilities located within the clubhouse. The Parties agree that during the Exclusive Period, the Hope Classic solely shall be entitled to collect and retain any and all parking fees and payments with respect to use of the Parking Facilities, as well as fees and payments from food and other concessions on the SilverRock Tournament Course, except for the continuing operations of food and concession facilities located within the clubhouse. In addition, the Hope Classic shall be entitled to receive from the City the sum of One Hundred Thousand Dollars ($100,000.00) each year payable within thirty (30) days after the conclusion of the Tournament being held at the SilverRock Tournament Course, provided that the restoration requirements of Sections 3 and 7, and the equipment removal requirement of Section 5, have been timely satisfied and the condition of the SilverRock Tournament Course and Parking Facilities has been,approved by the City Manager or his or her designee. SECTION 11.1lone Classic Participation in Design of Golf Course; Berms and Lakes. Section 11. Design Input. The Hope Classic may continue to submit suggestions and comments to the City, Agency and Design Team relative to the design of the second course and/or City -proposed modifications to the SilverRock Tournament Course. Neither the City nor the Agency has agreed to design the second golf course to accommodate Tournament play, and it is currently anticipated that the second golf course will be designed for resident and tourist play. Nonetheless, the City shall apprise, and shall request the Agency to cause the Design team to apprise, the Hope Classic of all plans and revised plans for any significant modifications to the SilverRock Tournament Course and relating to the design of the second golf course so that the Hope Classic will have reasonable and sufficient time to prepare and submit to the 1191015610-0065 449424 22 a05131107 -5- N. 198 Agency, the City, and the Design Team, comments and suggestions concerning the modifications to the SilverRock Tournament Course and any second course being designed and constructed. The Hope Classic recognizes that while its comments will be considered, the comments may or may not be incorporated into the final design, and further acknowledges that the approval of the final design for modifications to the SilverRock Tournament Course or for the second golf course rests solely with the Agency, the City, and their staff. SECTION 12. Second Course. In the event a second golf course is constructed on the Property, the Hope Classic may, subject to a future mutual written agreement of the Parties, have the option of changing the Tournament from the SilverRock Tournament Course to the yet unnamed second golf course so long as standards of the PGA Tour are met. The Parties acknowledge that the Agency and the City have no obligation to design the second golf course to meet PGA Tour standards or to design or construct the second golf course. SECTION 13. Effective Date of Agreement. The effective date of this Agreement shall be the date of execution of this Agreement by the last party to execute the Agreement (the "Effective Date"). SECTION 14. Term of Agreement. The Term of this Agreement shall commence on January 1, 2008.This Agreement shall remain in effect for a period of ten (10) years ("the Term"), and terminate on December 31, 2018. The Parties acknowledge that as to the first year of the Term, a portion of the first Non - Exclusive Period may pre -date the Term. The Hope Classic shall comply with all of its obligations under this Agreement for any such portion of the first Non - Exclusive Period which predates the Term. however, the City shall have no obligation to make any payments to the Hope Classic for such time period. The Term may be extended beyond the original 10-year Term with the written mutual consent of both Parties for an additional ten (10) years. :Notwithstanding any provision herein or in this Agreement to the contrary, the Parties agree that if and when, if at all, the PLAT terminates its affiliation with or sponsorship of the Tournament, then either Party may, but is not obligated to, terminate this Agreement upon submission of written notice to the other Party, without further right or obligation of either Party to the other Party, except for any unfulfilled obligations otherwise existing at the time of termination of this Agreement. In addition, as specified in Section 4, if the Hope Classic ceases to conduct the Bob Hope Chrysler Classic and no replacement tournament meeting the five requirements of Section 4 is to be conducted, this Agreement shall terminate. The Hope Classic agrees to provide written notice to the City within 10 business days of (1) any action by the PGAT indicating is has or may terminate its affiliation with or sponsorship of the Tournament; and (2) any action or decision that may cause the Hope Classic to not conduct the Bob Hope Chrysler Classic. SECTION 15. Insurance, Section 15.1 Minimum Scone of Insurance. The Hope Classic and the City shall each procure and maintain throughout the term of this Agreement, at their respective cost and expense, the following types of insurance to govern their use of the Property: (1) a 1191015610-0065 _6_ 449424 22 n05131107 199 comprehensive general liability and property damage insurance and (2) worker's compensation insurance (as required by law) and employers' liability insurance ("Insurance Policies"). Such Insurance Policies shall insure against all claims for death and injuries to persons and damages to property which may arise from or in connection with the use of the Property. Section 15.2 Minimum Limits of Insurance. Coverage shall provide limits no less than: (1) General Liability: $10,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Agreement or the general aggregate limit shall be twice the required occurrence limit; and (2) Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employers' liability limits of $1,000,000.00 per accident for bodily injury or disease. Section 15.3 Insurance Endorsements. The Insurance Policies shall contain the following provisions, or the Hope Classic and the City, respectively, shall provide endorsements or additional party certificates to add the following provisions to the Insurance Policies: Section 15.4 General Liability. The general liability policy shall be endorsed to state that: (A) the other Party, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the performance of the Agreement by the insuring Party and its officials, officers, directors, administrators, agents, representatives, employees or volunteers, including materials, parts or equipment furnished in connection with such services; and (B) the insurance coverage shall be primary insurance with respect to the other Party and its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the insuring Party's scheduled underlying coverage. Any insurance or self-insurance maintained by the other Party or its directors, officials, officers, employees and agents shall be excess of the insuring Party's insurance and shall not be called upon to contribute with it in any way. The Hope Classic shall also list the City's golf course operator as an additional insured. Section 15.5 Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the other Party and its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the insuring Party. Section 15.6 All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, reduced or canceled except after ten (10) days prior written notice by first class mail has been given to the other Party. Section 15.7 Separation of Insureds• No Special Limitations. The Insurance Policies required by this Section shall contain standard separation of insureds provisions. In addition, such Insurance Policies shall not contain any special 11910 15610.0065 -7 _ „p . . 200 449424.22 a05/31/07 limitations on the scope of protection afforded to the other Party or its directors, officials, officers, employees and agents. Section 15.8 Acceptability of Insurers. Insurance is to be placed with: (1) insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the non -insuring Party; (2) with a joint powers agency acceptable to the non -insuring Party; or (3) under a self insurance program acceptable to the other Party. Any deductible under the Insurance Policies issued shall be the responsibility of, and paid by, the insuring Party. Section 15.9 Verification of Coverage. Each Party shall have the right of reasonable approval over any Insurance Policy obtained by the Other Party. Each Party shall fumish original certificates of insurance and endorsements effecting coverage required by this Agreement with the other Party. The certificates and endorsements for each policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Each Party reserves the right to require complete, certified copies of the required Insurance Policies at any time. Each Party may at any time review the insurance coverage obtained by the other Party, the coverage limits, the provider, or the form of the policy and may require that alternate or modified coverage be obtained if, in any Party's prudent business judgment, the policy is insufficient to provide adequate protection against the kind and extent of risk that is foreseeable for the use of the Property under this Agreement. SECTION 16. Indemnity. Section 16.1 City to Indemnify. The City hereby agrees to indemnify, defend, and hold the Hope Classic and its officials, officers, employees, volunteers, and agents ("Hope Classic Indemnified Parties") harmless against and from any liability for any claim, action or proceeding against the Ilope Classic Indemnified Parties that arises solely out of any negligent acts, omissions, or willful misconduct by the City and its officials, officers, employees, volunteers and agents in the performance of any act related to the subject matter of this Agreement. In their sole discretion and at their own cost and expense, the Hope Classic Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of their choice; however, such participation shall not relieve the City of any obligation imposed pursuant to this Agreement. The Hope Classic shall promptly notify the City of any such claim, action or proceeding and shall cooperate fully in the defense of the same. Section 16.2 Hope Classic to Indemnify. The Hope Classic hereby agrees to indemnify, defend, and hold the City, its golf course operator, the Agency, and their respective officials, officers, employees, volunteers, and agents ("City Indemnified Parties") harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that arises solely out of any negligent acts, omissions, or willful misconduct by the Hope Classic and its officials, officers, employees, volunteers, and agents in the performance of any act related to.the subject matter of this Agreement. The Hope Classic further agrees to indemnify, defend, and hold the City Indemnified Parties harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that (1) relates to the Tournament; (2) relates in any way to the use of Property (including, but not limited to, the SilverRock Tournament Course, the Parking Facilities, or the portions of the Property leading thereto) in connection with the 119f015610 0065 -9_ 449424 22 z05131,ro7 O p Tournament; or (3) arises or accrues during the Non -Exclusive Period as a result of the activities of the Hope Classic or its officials, officers, employees, volunteers, agents, or contractors In their sole discretion and at their own cost and expense, the City Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of its choice; however, such participation shall not relieve the Hope Classic of any obligation imposed pursuant to this Agreement. The City shall promptly notify the Hope Classic of any such claim, action or proceeding and shall cooperate fully in the defense of the same. Section 16.3 Claims Arising from Joint Acts or Omissions. The City and the Hope Classic, respectively, shall provide their own defense with respect to any claim, action or proceeding that arises out of the joint acts or omissions of the Parties arising from this Agreement. In such situation, both the City and the Hope Classic shall retain their own legal counsel and shall bear their own defense costs. Each Party shall waive any right to reimbursement of defense costs from the other. Section 16.4. Joint Defense. Notwithstanding the provisions of Section 16.3 above, the City and the Hope Classic may agree in writing to a joint defense of any claim, action or proceeding that arises out of the joint acts or omissions of the Parties. Any such agreement may provide that the Parties appoint mutually acceptable legal counsel to defend such claim, action or proceedings. In such a case, the Parties shall bear equally the cost of any joint defense and any amount paid by the Parties in settlement of, or as a result of a court judgment, arbitration or mediation award related to the claim, action or proceeding, if any. The Parties shall also share equally in any amount awarded to or received by both Parties in settlement of, or as a result of, a court judgment, arbitration or mediation award of such a claim, action or proceeding Neither Party may bind the other Party to any settlement of such a claim, action or proceeding, without the express written consent of the other Party. Section 16.5. Comparative Fault. Notwithstanding any provision contained herein to the contrary, in the event of any settlement, court judgment, or arbitration or mediation award that allocates or determines the comparative fault of the Parties, either Party may seek the reimbursement from the other Party, of defense costs, settlement payments, judgments or awards, that are consistent with such comparative fault to the extent that such settlement, judgment, award, payment or cost are not covered by insurance the Parties are required to maintain under this Agreement. SECTION 17. No Unstated Requirements. The Parties agree that in carrying out this Agreement, the City shall not be responsible to take any actions, or refrain from taking any action, beyond those expressly set forth in this Agreement in order to comply with any PGAT rules, regulations or requirements. The Hope Classic shall be solely responsible, at its expense for both of the following: (1) obtaining any necessary approvals from the PGAT in order to conduct the Tournament at the SilverRock Tournament Course; and (2) meeting all of the rules, regulations or requirements of the PGAT to conduct the Tournament at the SilverRock Tournament Course. This Section shall not supersede the obligations imposed upon the City in Section 8 of this Agreement. 1 J9/015610.0065 -9- 449424 22 45/31107 202 SECTION 18. Entire Agreement• Amendment. This Agreement and the terms herein stated shall constitute the entire Agreement between the Hope Classic and the City and supersedes all prior written and verbal agreements, representatives, promises or understandings between the Parties. However, this Agreement shall not supersede the license agreement entered into between the Agency and the Hope Classic, for the 2004 Bob Hope Chrysler Classic. Any amendment to this Agreement, or its terms, must be made in writing and be executed by both Parties. SECTION 19. Assignment and Sublease. This Agreement or any interest of either Party herein shall not at any time after the date hereof, without the prior written consent of the other Party, be assigned or transferred. SECTION 20. Operational Contacts. The Hope Classic and the City shall provide each other with the names and telephone numbers of personnel that are responsible for the day to day operations of programs and facilities including after-hours contacts in the event of emergency situations. Said list shall be updated as needed based on personnel changes. SECTION 21. Additional City Benefits. The Hope Classic shall provide to the City the following additional benefits. Section 21.1 Membership on Committee. The City, at its option, may have a representative on the Fund Distribution Committee ("Committee") during the Term of this Agreement. If the Committee is dissolved, the City will hold a seat on the replacement committee that determines the distribution of the charitable funds generated by the Hope Classic. The representative shall have the same voting rights and other privileges as all other members of the Committee. Section 21.2 Event Related Items. The City annually shall be provided, free of charge, with all of the following: (1) ten (10) seats (a table with preferred seating) at the Bob Hope Classic Ball; (2) ten (10) passes to the Bob Elope Club; (3) one thousand (1000) passes to the Tournament play at SilverRock Tournament Course; and (4) the City will be recognized as an official sponsor of the Tournament. Section 21.3 Player Spots. The City may purchase ten (10) Ball Sponsor spots at the current established price for players in the tournament with the standard eligibility requirements. Any Ball Sponsor spots not purchased by October I" shall revert to the Hope Classic so that they may sell them to other persons. Section 21.4 Advertisin> . Joint press release will be utilized for the announcement of the inclusion of the SilverRock Tournament Course in the Tournament rotation for the 2008 tournament. All banners and signage placed on the Property during the Tournament shall be subject to the written approval of the City Manager. SECTION 22.. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Party to the other shall be in writing and shall be sufficiently given and served upon the other Party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: City: City Manager 11W015610-0065 _ 10_ 44942., 22 s0841109 •. fl 203 City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Hope Classic: Bob Hope Chrysler Classic, 11.0. Box 865 Rancho Mirage, CA 92270 Attn: President Either Party may change its address by giving notice to the other Party in the manner provided for in this Section. SECTION 23. Non -Discrimination. Each of the Parties hereto covenants by and for itself, its administrators and assigns, and all persons claiming under or through it, that this Agreement is made subject to the condition 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 use, occupancy or enjoyment of the Property subject to this Agreement. SECTION 24. Waiver. The failure of either Party to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained. SECTION 25. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. SECTION 26. Attorneys Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action. SECTION 27. Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. Any legal action or proceeding brought to enforce the terms and provisions of this Agreement shall be brought in the Superior Court of the State of California, Riverside County or in the United States District Court, Central District of California. SECTION 28. Agency as Third Party Beneficim. With regard to the provisions in this Agreement which reference the Agency, the Agency shall be deemed to be a third party beneficiary of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate originals as of the dates set forth below, 1191015610.6065- 449424 22 a0501/07 •„11 204 DATED: j r e/C, ,goo,, AT ,. Veronica Montecino, mity Clerk CITY OFFLLA QUINTAD By/�yt•tw�! g�� City Manager, City of La Quinta DESERT CL S-SIC CHARITIES By: APP ED A Si T ORM' l ity AttorKey, City of ,a uinta APPROVED AS TO M D-XrEWn, Best Best & Krieger, Counsel for Desert classic Charities 119:015610.0065 -12- 7 05 449424 22 a05!31 /07 L ATTACHMENT SUPPLEMENTAL MARKETING AGREEMENT BY AND BETWEEN DESERT CLASSIC CHARITIES AND THE CITY OF LA QUINTA This Supplemental Marketing Agreement ("Agreement') is entered into this day of .>F.;:,, :.P1 ve <.. , 2010, by and between the City of La Quinta, a municipal corporation ("City") and the Desert Classic Charities, dba Bob Hope Classic, a California public benefit corporation ("Hope Classic"). The City and the Hope Classic are sometimes hereinafter individually referred to as "Party" and collectively as "Parties." RECITALS A. The Hope Classic holds a professional golf tournament played each January in Coachella Valley over four different golf courses (the "Hope Classic Tournament'). B. The City owns and maintains a golf course on certain real property generally located on the western side of Jefferson Street between Avenue 52 and Avenue 54 in the City of La Quinta (the "SilverRock Tournament Course"). C. On or about June 6, 2007, the City and the Hope Classic entered into an Amended Use Agreement providing that the Hope Classic have exclusive use of the SilverRock Tournament Course for one (1) consecutive seven-day period each year for ten (10) years for the purpose of conducting the Hope Classic Tournament. D. All courses used in the 2011 Hope Classic Tournament are located in the City of La Quinta. E. The event was successful last year; therefore, the Parties mutually desire to enter into this Agreement for a second year with the intent to leverage marketing dollars to enhance promotion of the City and the Bob Hope Classic, bring more visitors to the City and rTournament, and to expand community participation. F. The Parties mutually desire to enter into this Agreement for the purpose of providing certain base levels of community safety resources, solid waste disposal and recycling services, and in -kind services during the 2011 Hope Classic Tournament at the PGA West, the La Quinta Country Club, and the SilverRock Tournament Course in the City of La Quinta (the "La Quinta Courses") in exchange for additional marketing and advertising that will promote and provide publicity for the City and the SilverRock Tournament Course. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: SECTION 1. Term. The Term of this Agreement shall be effective on August 3, 2010, and terminate on September 30, 2011. 2284/015610-0002 - qe90s6.0i xoMmo 206 SECTION 2. Public Safety Services. Section,1,,1, Public Safety Services at the La Quinta Courses. The Parties agree that for the Term of this Agreement, City shall provide a base level of public safety services for that portion of the 2011 Hope Classic Tournament held at the La Quinta Courses as specified in Exhibit "A", attached hereto and incorporated herein by this reference ("Public Safety Services"), Any additional public safety services requested by the Hope Classic at the La Quinta Courses during the Term of this Agreement not specified in Exhibit "A" shall be charged to and paid for by the Hope Classic. Section J 2. Public Safety Services Beyond the La Quinta Courses. This Agreement does not afford public safety services for any and all 2011 Hope Classic Tournament events held outside City limits, and any and all 2011 Hope Classic Tournament events held within City limits beyond the La Quinta Courses as provided in Section 1.1 herein. The Hope Classic must contract directly with the Riverside County Sheriff's Department for any and all public safety services not covered by Section 1.1 of this Agreement. SECTION 3. Solid Waste Disposal And Recycling Services. The Parties agree that for the Term of this Agreement, City shall provide solid waste disposal and recycling services at the La Quinta Courses as specified in Exhibit "B", attached hereto and incorporated herein by this reference ("Solid Waste Services"). The Hope Classic shall pay for any additional services that are not specified in Exhibit "B". SECTION 4. Marketing Benefits. In consideration for the Public Safety Services and Solid Waste Services, the Hope Classic shall provide to the City additional marketing benefits as provided in Exhibit "C", attached hereto and incorporated herein by this reference ("Marketing Benefits"). SECTION 5. In -Kind Services. The City of La Quinta agrees to provide four (4) traffic safety message boards, and the City's Public Works Department shall install street banners in the Village, as provided in Exhibit "D". SECTION 6. Indemnity. Section 6.1 City to Indemnify. The City hereby agrees to indemnify, defend, and hold the Hope Classic and its officials, officers, employees, volunteers, and agents ("Hope Classic Indemnified. Parties") harmless against and from any liability for any claim, action or proceeding against the Hope Classic Indemnified Parties that arises solely out of any negligent acts, omissions, or willful misconduct by the City and its officials, officers, employees, volunteers and agents in the performance of any act related to the subject matter of this Agreement. In their sole discretion and at their own cost and expense, the Hope Classic Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of their choice; however, such participation shall not relieve the City of any obligation imposed pursuant to this Agreement. The Hope Classic shall promptly notify the City of any such claim, action or proceeding and shall cooperate fully in the defense of the same. 2284101561OA002 _ 969056.01 a07/27/10 207 Section 6.2 Hope Classic to Indemnify. The Hope Classic hereby agrees to indemnify, defend, and hold the City, its golf course operator, the Agency, and their respective officials, officers, employees, volunteers, and agents ("City Indemnified Parties") harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that arises solely out of any negligent acts, omissions, or willful misconduct by the Hope Classic and its officials, officers, employees, volunteers, and agents in the performance of any act related to the subject matter of this Agreement. The Hope Classic further agrees to indemnify, defend, and hold the City Indemnified Parties harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that relates to the Tournament. In their sole discretion and at their own cost and expense, the City Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of its choice; however, such participation shall not relieve the Hope Classic of any obligation imposed pursuant to this Agreement. The City shall promptly notify the Hope Classic of any such claim, action or proceeding and shall cooperate fully in the defense of the same. Section 6.3 Claims Arising from Joint Acts or Omissions. The City and the Hope Classic, respectively, shall provide their own defense with respect to any claim, action or proceeding that arises out of the joint acts or omissions of the Parties arising from this Agreement. In such situation, both the City and the Hope Classic shall retain their own legal counsel and shall bear their own defense costs. Each Party shall waive any right to reimbursement of defense costs from the other. Section 6.4. Joint Defense. Notwithstanding the provisions of Section 6.3 above, the City and the Hope Classic may agree in writing to a joint defense of any claim, action or proceeding that arises out of the joint acts or omissions of the Parties. Any such agreement may provide that the Parties appoint mutually acceptable legal counsel to defend such claim, action or proceedings. In such a case, the Parties shall bear equally the cost of any joint defense and any amount paid by the Parties in settlement of, or as a result of a court judgment, arbitration or mediation award related to the claim, action or proceeding, if any. The Parties shall also share equally in any amount awarded to or received by both Parties in settlement of, or as a result of, a court judgment, arbitration or mediation award of such a claim, action or proceeding. Neither Party may bind the other Party to any settlement of such a claim, action or proceeding, without the express written consent of the other Party. Section 6.5. Comparative Fault. Notwithstanding any provision contained herein to the contrary, in the event of any settlement, court judgment, or arbitration or mediation award that allocates or determines the comparative fault of the Parties, either Party may seek the reimbursement from the other Party, of defense costs, settlement payments, judgments or awards, that are consistent with such comparative fault to the extent that such settlement, judgment, award, payment or cost are not covered by insurance the Parties are. required to maintain under this Agreement. 2284/015610-0002 %9056.01 a07/27/10 -3- •" 208 SECTION 7. Entire Agreement; Amendment. Except as provided herein, this Agreement and the terms herein stated shall constitute the entire Agreement between the Hope Classic and the City and supersedes all prior written and verbal agreements, representatives, promises or understandings between the Parties. However, this Agreement shall not supersede the Amended Use Agreement entered into between the Agency and the Hope Classic on or about June 6, 2007. Any amendment to this Agreement, or its terms, must be made in writing and be executed by both Parties. SECTION 8. Assignment. This Agreement or any interest of either Party herein shall not at any time after the date hereof, without the prior written consent of the other Party, be assigned or transferred. SECTION 9. Operational Contacts. The Hope Classic and the City shall provide each other with the names and telephone numbers of personnel that are responsible for the day to day operations of programs and facilities including after- hours contacts in the event of emergency situations. Said list shall be updated as needed based on personnel changes. SECTION 10. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Party to the other shall be in writing, and shall be sufficiently given and served upon the other Party, if sent by United States ,registered mail, return receipt requested, postage prepaid and addressed as follows:.. City: City Manager City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Hope Classic: Bob Hope Classic, P.O. Box 865 Rancho Mirage, CA 92270 Attn: President Either Party may change its address by giving notice to the other Party in the manner provided for in this Section. SECTION 11. Waiver. The failure of either Party to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained. SECTION 12. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. 22841013610-0002 9690-16.01 j07/27110 0 �•n. 209 SECTION 13. Attorneys Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action. SECTION 14. Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. Any legal action or proceeding brought to enforce the terms and provisions of this Agreement shall be brought in the Superior Court of the State of California, Riverside County or in the United States District Court, Central District of California. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate originals as of the dates set forth below, DATED: ` i Veronica J. ontecino, City Clerk AP ROVE AS TO FORM `Cit Att rney, City o a Quinta APPROVED'AS TO FORM Dave ErwiV Best Best & Krieger, Counsel for Desert classic Charities 9490 V6,0) 47`7i 10 -S- CITY OF LA QUINTA City Manager, City of La QLJnta DESERT CLASSIC CHARITIES BY '•a 210 EXHIBIT "A" PUBLIC SAFETY SERVICES To assist Hope Classic in the Police and Fire Public Safety efforts during the term of this agreement, the City agrees to pay for Police Services in an amount not to exceed $70,000; and for Fire and EMT Services in an amount not to exceed $25,000. These costs will provide a base level of public safety services for that portion of the 2011 Hope Classic Tournament held at the La Quinta courses, including; The Arnold Palmer Classic Course at SilverRock Resort, the La Quinta Country Club, and the Nicklaus and Palmer courses at PGA West. 2294/01$610-0002 _6_ a69(156.oi 107P7110 211 EXHIBIT "B" SOLID WASTE DISPOSAL AND RECYCLING SERVICES In an effort to promote the green recycling efforts and maintain solid waste diversion mandates of the City of La Quinta (the "City") and to supplement funding for the Desert Classic Charities, dba Bob Hope Classic ("Hope Classic") the City agrees to pay for the waste and recycling fees in an amount not to exceed $15,000. 22841015610.0002 _7_ - 969056.01 n0721110 'rp EXHIBIT "C" 2011 HOPE CLASSIC IN KIND SPONSORSHIP Cooperative Marketing Programs 1. Hope Classic and City of La Quinta shall cooperatively work to develop a year round marketing program that will market the tournament and the City as a year round golf resort. Efforts shall include utilization of both the BHCC.com and PlayinLaQuinta.com websites and to the extent feasible shall use paid search engines to drive traffic to each website. Each website shall have direct links to the other. Both Hope Classic and City shall use its best efforts to increase attendance and expand the reach of tournament promotion. 2. Hope Classic and City shall use social media such as Facebook and phone applications ("apps"), to extent possible, to promote the tournament and all of its related activities as well as promote the City as a premier tourist destination. 3. Hope Classic and City will use its best efforts to engage the La Quinta business community in the promotion and marketing of the tournament., This may include a La Quinta business expo exhibit which could feature restaurants and retailers. Hope Classic shall offer a prominent location at PGA West for La Quinta businesses and shall offer reduced rental rates (reduced rates shall be defined at a later date). The City shall provide a letter signed by the Mayor encouraging participation in support of Hope Classic from La Quinta businesses and residents. 4. Hope Classic will assist the City and La Quinta hotels in developing Hope Classic hotel, tournament, and golfing package promotions by providing up to 150 Grounds Badges, and up to 500 daily tickets to La Quinta hotels for the sole purpose of joint advertising of hotel, tournament, and golfing packages for Hope Classic, local hotels, and the City. No value may be placed upon the badges and tickets other than their face value. Hope Classic Media & Advertising Plan 1. Hope Classic shall submit to City its detailed Media & Advertising Plan by September 15, 2010. 2. The Hope Classic Media & Advertising Plan shall outline media purchases, advertising mediums, run dates/frequency, size of advertisements, and length of radio/TV commercials. Plan shall not include rates/costs for media purchases. 3. Plan shall include enhanced regional marketing in an effort to drive more visitors to La Quinta from throughout Southern California. Hope Classic will work with the City on cooperative regional advertising that may include regional magazines and business journals (i.e., Los Angeles, Orange County, San Diego, and Inland Empire), area newspapers, and digital 223001561 MOW 90056.01 07127n0 it 2 A marketing all intended to yield value added coverage such as editorials and online exposure. 4. The Hope Classic will look into further expanding its marketing coverage in important Regional Drive-in Markets, inclusive of Los Angeles and Orange County. The City and Hope Classic will further discuss working together to form a cooperative effort, to market the City, the event, and the cities lodging to the driving distance market. 5. 2011 Hope Classic Tournament creative graphic design for ads, banners, posters, billboards, etc. shall be submitted to City for review and comment by October 1, 2010, This requirement for submission does not include generic Host Course, i.e. Palmer Private at PGA West, signs/signage produced for 2010 tournament that will be used again for 2011 tournament. 6. All artwork, radio spots, commercials, emails, graphics and other marketing -related tangibles involving City, SilverRock, or La Quinta hotels/businesses shall be submitted to City for review and comment with at least a two -working day turnaround time. This requirement for submission does not include generic Host Course, i.e. Palmer Private at PGA West, signs/signage produced for 2010 tournament that will be used again for 2011 tournament. Benefits to City of La Quinta, Television 1. The Hope Classic will exercise its best efforts to encourage "The Golf Channel" to include the City of La Quinta in its commercials, promotions, on -air mentions, and advertisements in connection with their broadcast of the Hope Classic, Should Hope Classic produce commercials, promotions, and advertisements exclusively for The Golf Channel, the City shall have the option to develop a City of La Quinta "tag phrase" that shall be incorporated into promotional material. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by Hope Classic; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements, 2. City logo or City name will be graphically shown as "Host City" in video commercials on all targeted local and/or regional stations that might be 2284/015610.0002 90056.01 A07/27/10 run. City logo or City name will be mentioned as "Host City" on all commercials that are run by the Hope Classic on Time Warner Cable's local channels. As an alternative to "Host City" the City may request the use of a marketing phrase such as "SHOP, DINE, STAY in La Quinta" in commercials. The Hope Classic will work with the City in developing commercials. City will provide Hope Classic with City 30-second spots for incorporation in Time Warner Cable broadcast. In 214 Print 4. Hope Classic will work to increase/leverage television coverage with other advertisers in an effort to reach a regional market. 1. City name will be mentioned as "Host City' in all local and/or regional radio advertising run by the Hope Classic. For Hope Classic produced radio commercials, promotions, and advertisements, the City shall have the option to develop a City of La Quinta "tag phrase" that shall be incorporated into promotional material. 2. City name will be mentioned as "Host City" during any live remotes conducted by the Hope Classic. For Hope Classic produced radio commercials, promotions, and advertisements, the City shall have the option to develop a City of La Quinta "tag phrase" that shall be incorporated into promotional material. 3. If a radio live remote is scheduled to be held in the City prior to or during the 2011 Hope Classic, the City name will be mentioned as "Host City' during that live remote. Promotion will include popular local DJ as the emcee and special guests including, but not limited to, the Bob Hope Classic Girls. Radio promotion to include interview with the Mayor or a SilverRock representative. For Hope Classic produced radio commercials, promotions, and advertisements, the City shall have the option to develop a City of La Quinta "tag phrase" that shall be incorporated into promotional material. 1. City logo or City name will be written as "Host City" in all Hope Classic ads to be run in The Desert Sun newspaper. As an alternative to "Host City, the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by Hope Classic; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 2. City logo or City name will be written as "Host City' in all regional or national publications that the Hope Classic advertises in. As an alternative to "Host City' the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by Hope Classic; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 3. City logo or City name will be written as "Host City' on all five pairings sheets, one four (4) day and four (4) single day pairing sheets. As an alternative to "Host City' the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible, and as mutually agreed upon by Hope Classic and City to promote the City of La Quinta in 2284/015610-0002 969056.01 a07127/10 -10- 215 Web the best light possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by Hope Classic; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 4. Hope Classic Commemorative Program: City entitled to a 4-page editorial about the City of La Quinta in addition to a welcome letter signed by the Mayor to be displayed inside the front section of the program; City to provide camera ready art work. 5. City logo or City name will be written as "Host City" on a variety of signage prepared for the tournament. Details include: on -course directional signs, banners located in and around Old TownNillage area, and other signs throughout the City of La Quinta. As an alternative to "Host City" the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible, and as mutually agreed upon by Hope Classic and City to promote the City of La Quinta in the best light possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by Hope Classic; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 6. City logo or City name will be written as "Host City" on the official tournament poster. As an alternative to "Host City" the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible, and as mutually agreed upon by HOPE CLASSIC and City to promote the City of La Quinta in the best light possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by Hope Classic; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 1. City and Hope Classic shall work cooperatively to promote "SHOP, DINE and STAY in La Quinta" in the re -designed Hope Classic website. 2. All hotels within the City of La Quinta will be featured in the Lodging section of the Hope Classic website. 3. There will be an active link to get to the City's tourism website (www.PlayinLaQuinta.com) directly from the Hope Classic website. 4. The City will have a prominent position on the Hope Classic's website, www.BHCC.com, from November 2010 through January 2011, which may include an active banner. The banner will have a direct link to the City's tourism website. 5. Hope Classic/hotellgolf packages will be developed in coordination with Hope Classic, the Arnold Palmer Classic Course at SilverRock, and La Quinta hotels; and posted on respective parties' website to promote stay and play in La Quinta during and/or after the Hope Classic. 22841015610-0002 -1 1 - 969056.61 107/22/10 Electronic 1. Hope Classic and City will work cooperatively to utilize electronic marketing, including but not limited to email blasts to increase marketing of Hope Classic and City. 2. Use Hope Classic email blasts to promote hotel packages and other Hope Classic, City, SilverRock, shop/dine/play/stay La Quinta marketing efforts. 3. Tap into Southern California Golf Association/FORE membership email via Hope Classic connection to promote hotel packages and other Hope Classic, City, SilverRock, shop/dine/play/stay La Quinta marketing efforts. Events & Other Promos 1. The Hope Classic will make best efforts to open the Bob Hope Store and participate in a Museum exhibition within the City of La Quinta for the 2011 event. 2. The City business community, including hotels will be given the opportunity to utilize and host a hospitality tent on the 18th fairway of the Host Course. The participating businesses will be responsible for the hard costs associated with the building and catering of the structure. The Hope Classic will waive any and all sponsorship fees that are typically part of the hospitality structures. 3. The City will be given twelve Bob Hope Club Memberships. 4. The Hope Classic will provide special guests (PGA Tour Players, Celebrity Guest) to attend a Mayor's luncheon or breakfast if the event is planned at a mutually agreeable time during the lead up to the event. Hope Classic will consider providing the venue during a practice round of the 2011 Hope Classic. 5. The Hope Classic will work with the City of La Quinta to expand upon the "City of La Quinta Day" during the Hope Classic. The number of tickets will be increased and associated with the special day for La Quinta residents. Additional concepts to make the day special to residents of La Quinta shall be pursued by City and Hope Classic. 6. The Hope Classic will host the Charity Check Distribution event within the City of La Quinta again at a mutually agreed upon location. 7. City, in coordination with Hope Classic and City marketing partners, shall explore the possibility of hosting a small welcome reception for Golf Channel crew members. Benefits to Hope Classic Assist the Hope Classic in Police and Fire Public Safety efforts. The city agrees to pay for all Police Services within La Quinta City Limits that have to do with the Hope Classic in an amount not to exceed $70,000. The city agrees to pay for all fire and EMT services that take place within La Quinta 228GO15610.0002 -12- 9G9956.01 aD7R7/10 N 217 4. 5. A 2?84i01500-0002 969056.01 ,071271)0 that have to do with the Hope Classic in an amount not to exceed $26.000. In an effort to promote the green recycling efforts and maintain solid waste diversion mandates of the city of La Quinta and to supplement funding for the Hope Classic the city agrees to pay for the waste and recycling fees in an amount not to exceed $15,000. In an effort to promote the City of La Quinta and its association with the Bob Hope Classic, the city agrees to focus a percentage of its budgeted marketing dollars to be used in joint or co -promotions with Hope Classic, SilverRock Resort and La Quinta businesses. The ads will include at a minimum the Hope Classic Name, Dates, Website, and Phone number. This will not only help to bring people into the city, but will help solidify and build the reputation of the city as host to one of the longest running PGA Tour events, The city and Hope Classic agree to meet and further develop a joint marketing plan. The Hope Classic will have a prominent position on the City's "www.PlaylnQuinta.com" website, from November 2010 through January 2011. The Hope Classic will receive an active Banner during this time frame. The banner will have a direct link to the Hope Classic Website. In an effort to keep the streets running and moving in the safest and most efficient manner during the Hope Classic, The City of La Quinta agrees to supply four (4).traffic safety message boards provided the City does not have a traffic safety event elsewhere in the city during the Hope Classic. The City will use the. Public Works department to install the Street Banners that promote the event and the City of La Quinta's affiliation with the Hope Classic within the Village. -13- M.� 218 EXHIBIT "D" IN -KIND SERVICES 1. In an effort to move traffic in the safest and most efficient manner possible during the Hope Classic, the City of La Quinta agrees to supply four (4) traffic safety message boards provided the City does not have a traffic safety event elsewhere in the City during the Hope Classic. 2. The City's Public Works Department will install the Street Banners that promote the event and the City of La Quinta's affiliation with the Hope Classic within the Village. 22841015610.0002 969056.01 07PMO 14- p 219 ATTACHMENT 3 Use and Marketing Agreement by and between Desert Classic Charities and the City of La Quinta This Use and Marketing Agreement ("Agreement") is entered into this day of , 2011 by and between the City of La Quinta, a municipal corporation ("City") and the Desert Classic Charities, a California public benefit corporation ("Classic"). The City and Classic are sometimes hereinafter individually referred to as Party or collectively as Parties. RECITALS: A. The Classic holds a professional golf tournament played each year (usually in January or February) in the Coachella Valley over different golf courses ("The Tournament'). The City owns and maintains property generally located on the western side of Jefferson Street between Avenue 52 and Avenue 54 in the City of La Quinta ("the Property"). On or about June 6, 2007, the City and Classic entered into an Amended Use Agreement providing for various items to be provided and supplied during the Tournament each year for ten years for the purpose of assisting in the Classic Tournament. B. Four courses which were used in the 2010 and 2011 Classic Tournaments are located in the City of La Quinta at SilverRock Resort, two at the PGA West Golf Club and the La Quinta Country Club. C. Earlier in 2011, Humana ("Sponsor"), the William J. Clinton Foundation ("Clinton") and the PGA TOUR ("PGAT") entered into a partnership for the benefit of The Tournament. Such partnership has an eight -year term, expiring after the 2019 Tournament. As a condition of this partnership, Classic formed a Tournament Committee comprised of representatives of all partners. D. The number and selection of courses to be used each year are subject to the determination by the Tournament Committee and PGA Tour. For 2012, SilverRock Resort was not selected as one of the Tournament courses. E. The parties mutually desire to enter into this Agreement to replace the Amended Use Agreement, to leverage marketing dollars, to enhance promotion of the City and the Classic bringing more visitors to the City and to the Tournament and to expand community participation including utilization of restaurants, hotels, retail stores, and other amenities located within the City of La Quinta. ..0 220 F. The parties mutually desire to enter into this Agreement for the purpose of providing certain base levels of community safety resources, solid waste disposal and recycling services and in -kind services during the Tournament as it is conducted each year at courses that are within the city limits of La Quinta ("La Quinta Courses") at PGA West, the La Quinta County Club or any other course determined by the PGA Tour and Tournament Committee to be utilized in exchange for the additional marketing and advertising that will promote and provide publicity for the City and The Tournament and to provide substantial parking for participants and visitors to The Tournament. NOW, THEREFORE, in consideration of the above recitals and mutual covenants set forth and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: Section 1. Term of Agreement. The Term of this Agreement shall commence on July 2011. Unless terminated earlier pursuant to the terms of this Agreement, this Agreement shall remain in effect after the conclusion of the Tournament of 2019 (the "Term"). The Term may be extended beyond the termination date with the written mutual consent of both Parties for an additional period of years. Notwithstanding any provision herein or in this Agreement to the contrary, the Parties agree that if and when, if at all, the PGAT terminates its affiliation with or sponsorship of the Tournament, then either Party may, but is not obligated to, terminate this Agreement upon submission of written notice to the other Party, without further right or obligation of either Party to the other Party, except for any unfulfilled obligations otherwise existing at the time of termination of this Agreement. In addition, as specified in Section 7, if the Classic ceases to conduct the Tournament and no replacement tournament meeting the requirements of Section 7 is to be conducted, this Agreement shall terminate. The Classic agrees to provide written notice to the City within 10 (ten) business days of (1) any action by the PGAT indicating it has or may terminate its affiliation with or sponsorship of the Tournament; and (2) any action or decision that may cause the Classic to not conduct the Tournament. Section 2. Early Termination. For the 2013 Tournament and each Tournament thereafter, the City's funding obligation under this Agreement is subject to and contingent upon the City Council's appropriation of the necessary funding during the annual budget preparation and adoption. Should the City Council not appropriate the funding necessary for this Agreement for any year during its Term, the City shall give notice to the Classic on or before July 15`h of that year, and the Agreement shall be terminated effective upon such notification. Section 3. Marketing Benefits. In consideration for the public safety services, solid waste services, and parking, the Classic shall provide to the City additional marketing benefits as provided in Exhibit "B" attached hereto and '" 221 incorporated herein by this reference ("Marketing Benefits"). The Parties shall review and approve the Marketing Benefits annually. Section 4. Public Safety Services. Section 4.1 Public Safety Services at the La Quinta Courses. The Parties agree that for the Term of this Agreement, City shall provide a base level of public safety services for that portion of the Tournament held at the La Quinta Courses as specified in Exhibit "A", attached hereto and incorporated herein by this reference ("Public Safety Services"). Any additional public safety services requested by the Classic at the La Quinta Courses during the Term of this Agreement not specified in Exhibit "A" shall be charged to and paid for by the Classic. Section 4.2 Public Safety Services Beyond the La Quinta Courses. This Agreement does not afford public safety services for any and all events held outside City limits, and any and all Tournament events held within City limits beyond the La Quinta Courses. The Classic must contract directly with the Riverside County Sheriff's Department or private security for any and all public safety services not covered by this Agreement. Section 5. Solid Waste Disposal and Recycling Services. The Parties agree that for the Term of this Agreement, City shall provide solid waste disposal and recycling services at the La Quinta Courses as specified in Exhibit "A", attached hereto and incorporated herein by this reference ("Solid Waste Services"), The Classic shall pay for any additional services that are not specified in Exhibit "A". Section 6. In -Kind Services. The City of La Quinta agrees to provide four (4) traffic safety message boards, and the City's Public Works Department shall install street banners in the La Quinta Village, as provided in Exhibit "C". Section 7. Parking Facilities. The City has designated approximately 45 acres of the Property (the "45 Acre Site"), which will be able to accommodate parking during the Tournament. The Classic has previously provided a one-time contribution of Fifty Thousand Dollars ($50,000.00) ("One Time Contribution") to the City for the installation of turf, irrigation, and soil preparation and contouring on . the 45 Acre Site. If the City determines to change use of the 45 Acre Site in a manner that will no longer accommodate Tournament parking, the City will designate 45 acres in another location at the Property to be used for Tournament parking (the "Replacement 45 Acre Site") in which case City shall pay for grading, access and other improvements including soil stabilization. If the Classic wishes to use an alternative location at the Property for Tournament parking, it may request the City to designate an alternative location. The City's decision of whether to designate an alternative site is in the City's sole and absolute discretion. If the City does designate an alterative site at the Classic's request, the Classic shall pay for Is 222 all costs of grading and other improvements including soil stabilization. The City shall not be responsible for any costs associated with the improvement or use of an alternative site requested by the Classic. Each year, the Classic shall notify the City of its parking plans no later than October 1 prior to the Tournament. If the Classic notifies the City after October 1 that it will not be utilizing the 45 Acre Site, the Classic will be responsible for reimbursing the City for any incurred costs associated with preparing the 45 Acre Site. The areas designated by the City for parking shall be referred to hereinafter as the "Parking Facilities." Classic shall be responsible for all measures necessary to prevent dust generation from the Parking Facilities during the week of the Tournament. The Classic shall have exclusive use of and shall be responsible for operating the Parking Facilities during the week of the Tournament in accordance with required standards and regulations that include, but are not limited to the Americans with Disabilities Act (ADA) and the California accessibility regulations. Within seven (7) days after the Tournament, the Classic shall return the Parking Facilities to the condition that the Parking Facilities were in prior to the week of the Tournament. However, as to the Replacement 45 Acre Site, if the surface is not turfed or paved, the City shall be responsible for the installation of soil stabilizer. In addition, the agreements that the Classic enters with any operator or operators of the Parking Facilities must require that the operator(s) provide the same or greater levels of insurance and indemnity favor of the City as are set forth in this Agreement. The Classic agrees that the City shall have no liability for any injuries or losses arising out of the operation of the Parking Facilities, including but not limited to provision and maintenance of the required number of ADA accessible parking spaces. In addition, the Classic shall be responsible for providing handicap accessible restroom facilities adjacent to the handicapped parking area. Section 8. Course Selection. Although the PGAT and Tournament Committee did not select the SilverRock Resort course to be part of the 2012 selection of courses for the playing of the Tournament, SilverRock Resort course may be considered at a future time as one of the courses for the playing of the Tournament if the City and the Classic agree that they wish to have it within the rotation in the Tournament. If at some point in the future the SilverRock Resort course is selected by the PGAT and the Tournament to be in the Tournament rotation, and both the City and the Classic agree to include it in the rotation, the City and the Agreement shall enter into a new agreement that contains the requirements for operations, fees, and course conditions that were in the original Amended Use Agreement. Section 9. Replacement Tournament/Sponsor. If the Classic ceases to conduct the Tournament during the Term of this Agreement or if the named sponsor of the Tournament changes, this Agreement will extend to a successor or replacement tournament if following conditions are met: (1) the Tournament is conducted and sponsored by the PGA Tour (2) the Tournament provides equal or 223 greater media exposure and good will for the City (3) the Tournament and/or new sponsor is approved by the Classic (4) the Tournament is approved by the City Council. Condition number (4) will be automatically satisfied if (i) the Tournament is at least four (4) days in length and the (ii) Tournament is conducted and sponsored by the PGA Tour. Section 10. Indemnity. Section 10.1 City to Indemnify. The City hereby agrees to indemnify, defend, and hold the Classic and its officials, officers, employees, volunteers, and agents ("Classic Indemnified Parties") harmless against and from any liability for any claim, action or proceeding against the Classic Indemnified Parties that arises solely out of any negligent acts, omissions, or willful misconduct by the City and its officials, officers, employees, volunteers and agents in the performance of any act related to the subject matter of this Agreement. In their sole discretion and at their own cost and expense, the Classic Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of their choice; however, such participation shall not relieve the City of any obligation imposed pursuant to this Agreement. The Classic shall promptly notify the City of any such claim, action or proceeding and shall cooperate fully in the defense of the same. Section 10.2 Classic to Indemnify. The Classic hereby agrees to indemnify, defend, and hold the City, its golf course operator, the La Quinta Redevelopment Agency, and their respective officials, officers, employees, volunteers, and agents ("City Indemnified Parties") harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that arises solely out of any negligent acts, omissions, or willful misconduct by the Classic and its officials, officers, employees, volunteers, and agents in the performance of any act related to the subject matter of this Agreement. The Classic further agrees to indemnify, defend, and hold the City Indemnified Parties harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that relates to the Tournament. In their sole discretion and at their own cost and expense, the City Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of its choice; however, such participation shall not relieve the Classic of any obligation imposed pursuant to this Agreement. The City shall promptly notify the Classic of any such claim, action or proceeding and shall cooperate fully in the defense of the same. Section 10.3. Joint Defense. Notwithstanding the provisions of Section 5.3 above, the City and the Classic may agree in writing to a joint defense of any claim, action or proceeding that arises out of the joint acts or omissions of the Parties. Any such agreement may provide that the Parties appoint mutually •. 11 224 acceptable legal counsel to defend such claim, action or proceedings. In such a case, the Parties shall bear equally the cost of any joint defense and any amount paid by the Parties in settlement of, or as a result of a court judgment, arbitration or mediation award related to the claim, action or proceeding, if any. The Parties shall also share equally in any amount awarded to or received by both Parties in settlement of, or as a result of, a court judgment, arbitration or mediation award of such a claim, action or proceeding. Neither Party may bind the other Party to any settlement of such a claim, action or proceeding, without the express written consent of the other Party. Section 10.4. Comparative Fault. Notwithstanding any provision contained herein to the contrary, in the event of any settlement, court judgment, or arbitration or mediation award that allocates or determines the comparative fault of the Parties, either Party may seek the reimbursement from the other Party, of defense costs, settlement payments, judgments or awards, that are consistent with such comparative fault to the extent that such settlement, judgment, award, payment or cost are not covered by insurance the Parties are required to maintain under this Agreement. Section 11. Insurance. Section 11.1 Minimum Scope of Insurance. The Classic and the City shall each procure and maintain throughout the term of this Agreement, at their respective cost and expense, the following types of insurance to cover their use of the Property and their performance under this Agreement: (1) a comprehensive general liability and property damage insurance and (2) worker's compensation insurance (as required by law) and employers' liability insurance ("Insurance Policies"). Such Insurance Policies shall insure against all claims for death and injuries to persons and damages to property which may arise from or in connection with the use of the Property. Section 11.2 Minimum Limits of Insurance. Coverage shall provide limits no less than: (1) General Liability: $10,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Agreement or the general aggregate limit shall be twice the required occurrence limit; and (2) Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employers' liability limits of $1,000,000.00 per accident for bodily injury or disease. Section 11.3 Insurance Endorsements. The Insurance Policies shall contain the following provisions, or the Classic and the City, respectively, shall provide endorsements or additional party certificates to add the following provisions to the Insurance Policies: Section 11.4 General Liability. The general liability policy shall be endorsed to state that: (A) the other Party, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the performance of the Agreement by the insuring Party and its officials, officers, directors, administrators, agents, representatives, employees or volunteers, including materials, parts or equipment furnished in connection with such services; and (B) the insurance coverage shall be primary insurance with respect to the other Party and its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the insuring Party's scheduled underlying coverage. Any insurance or self-insurance maintained by the other Party or its directors, officials, officers, employees and agents shall be excess of the insuring Party's insurance and shall not be called upon to contribute with it in any way. The Classic shall also list the City's golf course operator as an additional insured. Section 11.5 Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the other Party and its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the insuring Party. Section 11.6 Coverages. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, reduced or canceled except after ten (10) days prior written notice by first class mail has been given to the other Party. Section 11.7 Separation of Insureds• No Special Limitations. The Insurance Policies required by this Section shall contain standard separation of insureds provisions. In addition, such Insurance Policies shall not contain any special limitations on the scope of protection afforded to the other Party or its directors, officials, officers, employees and agents. Section 10.8 Acceptability of Insurers. Insurance is to be placed with: (1) insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in California, and satisfactory to the non -insuring Party; (2) with a joint powers agency acceptable to the non -insuring Party; or (3) under a self insurance program acceptable to the other Party. Any deductible under the Insurance Policies issued shall be the responsibility of, and paid by, the insuring Party. Section 11.9 Verification of Coverage. Each Party shall have the right of reasonable approval over any Insurance Policy obtained by the Other Party. N 226 Each Party shall furnish original certificates of insurance and endorsements effecting coverage required by this Agreement with the other Party. The certificates and endorsements for each policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Each Party reserves the right to require complete, certified copies of the required Insurance Policies at any time. Each Party may at any time review the insurance coverage obtained by the other Party, the coverage limits, the provider, or the form of the policy and may require that alternate or modified coverage be obtained if, in any Party's prudent business judgment, the policy is insufficient to provide adequate protection against the kind and extent of risk that is foreseeable for the use of the Property under this Agreement. Section 12. Compliance with Law. The Classic agrees to abide by 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. Section 12.1 Covenant Against Discrimination. Classic 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, disability, or ancestry in the performance of this agreement. Classic shall take affirmative action to insure that anyone employed or contracted by the classic during and for the tournament is treated without regard to their race, color, creed, religion, sex, marital status, national origin, disability, or ancestry. Section 13. Additional City Benefits. The Classic shall provide to the City the following additional benefits. Section 13.1 Membership on Committee. The City, at its option, may have a representative on the Fund Distribution Committee ("Committee") during the Term of this Agreement. If the Committee is dissolved, the City will hold a seat on the replacement committee that determines the distribution of the charitable funds generated by the Classic. The representative shall have the same voting rights and other privileges as all other members of the Committee. Section 13.2 Event Related Items. The City annually shall be provided, free of charge, with all of the following: (1) ten (10) seats (a table with preferred seating if such is offered) at the Tournament's Opening Event; (2) ten (10) passes to the Bob Hope Club (or successor entity); (3) ten (10) passes to the Tournament's Closing Evening Event; (4) two thousand (2000) passes to the Tournament; and (5) the City will be recognized as an official sponsor of the Tournament and shall be exclusively designated as Host City. Additional marketing N 221 benefits shall accrue for the City as outlined in the Cooperative Marketing Plan outlined in Exhibit "B". Section 14. Entire Agreement; Amendment. Except as provided herein, this Agreement and the terms herein stated shall constitute the entire Agreement between the Classic and the City and supersedes all prior written and verbal agreements, representatives, promises or understandings between the Parties. This Agreement shall supersede the Amended Use Agreement entered into between the City and the Classic on or about June 6, 2007. That Agreement shall have no further force and effect. Any amendment to this Agreement, or its terms, must be made in writing and be executed by both Parties. Section 15. Assignment. This Agreement or any interest of either Party herein shall not at any time after the date hereof, without the prior written consent of the other Party, be assigned or transferred. Section 16. Operational Contacts. The Classic and the City shall provide each other with the names and telephone numbers of personnel that are responsible for the day to day operations of programs and facilities including after- hours contacts in the event of emergency situations. Said list shall be updated as needed based on personnel changes. Section 17. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Party to the other shall be in writing and shall be sufficiently given and served upon the other Party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: City: City Manager, City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Classic: Desert Classic Charities Attn: President P.O. Box 865 Rancho Mirage, CA 92270 Either Party may change its address by giving notice to the other Party in the manner provided for in this Section. Section 18.• Waiver. The failure of either Party to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained. ay. 228 Section 19. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. Section 20. Attorneys Fees. If either Party commences an action against the other Party either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action. Section 21. Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. Any legal action or proceeding brought to enforce the terms and provisions of this Agreement shall be brought in the Superior Court of the State of California, Riverside County or in the United States District Court, Central District of California. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate originals as of the dates set forth below. DATED: CITY OF LA QUINTA ATTEST: Veronica Montecino, City Clerk City Manager, City of La Quinta DESERT CLASSIC CHARITIES 0 x 22,91 APPROVED AS TO FORM: City Attorney, City of La Quinta APPROVED AS TO FORM: David Erwin, Best Best & Krieger, Counsel for Desert Classic Charities n 230 EXHIBIT "A" PUBLIC SAFETY SERVICES AND SOLID WASTE DISPOSAL AND RECYCLING SERVICES To assist Classic in the Police and Fire Public Safety efforts during the term of this Agreement, the City agrees to pay for Police, Fire and EMT Services. In addition, in an effort to promote the green recycling efforts and maintain solid waste diversion mandates of the City of La Quinta and to supplement funding for the Desert Classic Charities, the City agrees to pay for the waste and recycling fees. The total paid by the City for the services mentioned above shall not exceed $1 10,000. This total may increase in the future based upon costs for such services reflected by increases from Fire, Police, EMT, solid waste disposal, and recycling services. The parties shall periodically meet to determine costs for future year's Classic. p 231 EXHIBIT "B" 2012 COOPERATIVE MARKETING AGREEMENT Marketing Programs 1. Classic and City of La Quinta shall cooperatively work to develop a year round marketing program that will market the Tournament and the City as a year round golf resort. Efforts shall include utilization of both the Tournament's website and City's tourism website (www.PlayinLaQuinta.com), and to the extent feasible shall use paid search engines to drive traffic to each. Each website shall have direct links to the other. Both Classic and City shall use its best efforts to increase attendance and expand the reach of Tournament promotion. 2. Classic and City shall use social media such as Facebook and phone applications ("apps"), to extent possible, to promote the Tournament and all of its related activities as well as promote the City as a premier tourist destination. 3. Classic and City will use its best efforts to engage the La Quinta business community in the promotion and marketing of the Tournament. This may include a La Quinta business expo exhibit, which could feature restaurants and retailers. Classic shall offer a prominent location at the Tournament Host Course for La Quinta businesses and shall offer reduced rental rates (reduced rates shall be defined at a later date). The City shall provide a letter signed by the Mayor encouraging participation in support of the Tournament from La Quinta businesses and residents. 4. Classic will assist the City and La Quinta hotels in developing Classic hotel, tournament, and golfing package promotions by providing up to 150 Clubhouse Badges and up to 500 daily tickets to La Quinta hotels for the sole purpose of joint advertising of hotel, tournament, and golfing packages for Classic, local hotels, and the City. No value may be placed upon the badges and tickets other than their face value. Classic Media & Advertising Plan 1 . Classic shall provide to the City a copy of its Media & Advertising Plan by October 15, 2011. 2. The Classic Media & Advertising Plan shall outline, as determined by that date, media purchases, advertising mediums, run dates/frequency, size of advertisements, and length of radio/TV commercials. Plan shall not include rates/costs for media purchases. .:« 232 3. Plan shall include enhanced regional marketing in an effort to drive more visitors to La Quinta from throughout Southern California. Classic will work with the City on cooperative regional advertising that may include regional magazines and business journals (i.e., Los Angeles, Orange County, San Diego, and Inland Empire), area newspapers, and digital marketing all intended to yield value added coverage such as editorials and online exposure. 4. The Classic and the Tournament Committee will look into further expanding its marketing coverage in important Regional Drive-in Markets, inclusive of Los Angeles and Orange County. The City and Classic will further discuss working together to form a cooperative effort, to market the City, the Tournament, and the City's lodging to the driving distance market. 5. Tournament graphic design for ads, banners, posters, billboards, etc, which has been designed by Classic, shall be submitted to City for review and comment by October 15, 2011. This requirement for submission does not include generic Host Course, i.e. Palmer Private at PGA West, signs/signage produced for 2011 Tournament that will be used again for. 2012 Tournament. 6. All artwork, radio spots, commercials, emails, graphics and other marketing -related tangibles involving City, SilverRock, or La Quinta hotels/businesses designed by Classic shall be submitted to City for review and comment with at least a two -working day turnaround time. This requirement for submission does not include generic Host Course, i.e. Palmer Private at PGA West, signs/signage produced for 2011 Tournament that will be used again for 2012 Tournament. Benefits to City of La Quinta Television 1. The Classic will exercise its best efforts to encourage "The Golf Channel" to include the City of La Quinta in its commercials, promotions, on -air mentions, and advertisements in connection with their broadcast of the Tournament. Should Classic produce commercials, promotions, and advertisements exclusively for The Golf Channel, the City shall have the option to develop a City of La Quinta "tag phrase" that shall be incorporated into promotional material. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by Classic; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. n; 233 Radio Print 2. City logo or City name will be graphically shown as "Host City" in video commercials on all targeted local and/or regional stations that might be run. 3. City logo or City name will be mentioned as "Host City" on all commercials that are run by the Classic on Time Warner Cable's local channels. City will provide Classic with City 30-second spots for incorporation in Time Warner Cable broadcast. 4. Classic will work to increase/leverage television coverage with other advertisers in an effort to reach a regional market. 1. City name will be mentioned as "Host City" in all local and/or regional radio advertising run by the Classic. For Classic produced radio commercials, promotions, and advertisements, the City shall have the option to develop a City of La Quinta "tag phrase" that shall be incorporated into promotional material. 2. City name will be mentioned as "Host City" during any live remotes conducted by the Classic. For Classic produced radio commercials, promotions, and advertisements, the City shall have the option to develop a City of La Quinta "tag phrase" that shall be incorporated into promotional material. 3. If a radio live remote is scheduled to be held in the City prior to or during the 2012 Tournament, the City name will be mentioned as "Host City" during that live remote. Promotion will include popular local DJ as the emcee and special guests including, but not limited to, the Classic Girls. Radio promotion shall include interview with the Mayor or a City representative. For Classic produced radio commercials, promotions, and advertisements, the City shall have the option to develop a City of La Quinta "tag phrase" that shall be incorporated into promotional material. 1. City logo or City name will be written as "Host City" in all Classic - produced Tournament ads to be run in The Desert Sun newspaper. As an alternative to "Host City," the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by Classic; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 2. City logo or City name will be written as "Host City" in all regional or national publications that the Classic produces and advertises in. As to 234 Web an alternative to "Host City" the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by Classic; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 3. City logo or City name will be written as "Host City" on all pairings sheets, one three (3) day and three (3) single day pairing sheets. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by Classic; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 4. Tournament Commemorative Program: o City entitled to a 4-page editorial about the City of La Quinta in addition to a welcome letter signed by the Mayor to be displayed inside the front section of the program; City to provide camera ready art work. 5. City logo or City name will be written as "Host City" on a variety of signage prepared for the tournament. Details include: "street banners" located in and around Old Town/Village area, and other signs throughout the City of La Quinta. As an alternative to "Host City" the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible, and as mutually agreed upon by Classic and City to promote the City of La Quinta in the best light possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by Classic; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 6. City logo or City name will be written as "Host City" on the official Tournament poster. As an alternative to "Host City" the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible, and as mutually agreed upon by Classic and City to promote the City of La Quinta in the best light possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by Classic; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 1 . City and Classic shall work cooperatively to promote "SHOP, DINE and STAY in La Quinta" in the Classic website. 2. All hotels within the City of La Quinta will be featured in the Lodging section of the Classic website. a 235 3. There will be an active link to get to the City's tourism website (www.PlayinLaQuinta.com) directly from the Classic website. 4. The City will have a prominent position on the Classic's website, from November 2011 through January 2012, which may include an active banner. The banner will have a direct link to the City's tourism website. 5. Classic/hotel/golf packages will be developed in coordination with Classic, the Arnold Palmer Classic Course at SilverRock, and La Quinta hotels; and posted on respective parties' website to promote stay and play in La Quinta during and/or after the Tournament. Electronic 1. Classic and City will work cooperatively to utilize electronic marketing, including but not limited to email blasts to increase marketing of Tournament and City. 2. Use Classic email blasts to promote hotel packages and other Tournament, City, SilverRock, shop/dine/play/stay La Quinta marketing efforts. 3. Tap into Southern California Golf Association/FORE membership email via Classic connection to promote hotel packages and other Tournament, City, SilverRock, shop/dine/play/stay La Quinta marketing efforts. Events & Other Promos 1 . The Classic will make best efforts to open a retail store and participate in a La Quinta Museum exhibition within the City of La Quinta for the 2012 event. 2. The City business community, including hotels will be given the opportunity to utilize and host a hospitality tent on the 181h fairway of the Host Course. The participating businesses will be responsible for the hard costs associated with the building and catering of the structure. The Classic will waive any and all sponsorship fees that are typically part of the hospitality structures. 3. The City will be given twelve Bob Hope Club Memberships. 4. The Classic will provide special guests (PGA Tour Players, Celebrity Guest) to attend a Mayor's luncheon or breakfast if the event is planned at a mutually agreeable time during the lead up to the event. Classic will consider providing the venue during a practice round of the 2012 Classic. La Quinta Chamber of Commerce shall sponsor. 5. The Classic will work with the City of La Quinta to expand upon the "City of La Quinta Day" during the Tournament. The number of tickets will be increased and associated with the special day for La is , 236 Quinta residents. Additional concepts to make the day special to residents of La Quinta shall be pursued by City and Classic. 6. The Classic will host the Charity Check Distribution event within the City of La Quinta again at a mutually agreed upon location. 7. City, in coordination with Classic and City marketing partners, shall explore the possibility of hosting a small welcome reception for Golf Channel crew members. Benefits to Classic 1. Assist the Classic in Police and Fire Public Safety efforts. The City agrees to pay for all Police Services within La Quinta City Limits that have to do with the Tournament. In addition, the City agrees to pay for all Fire and EMT Services that take place within La Quinta that have to do with the Tournament. In an effort to promote the green recycling efforts and maintain solid waste diversion mandates of the city of La Quinta and to supplement funding for the Tournament the City also agrees to pay for the waste and recycling fees. . The total paid by the City for the services mentioned above shall not exceed $1 10,000. 2. In an effort to promote the City of La Quinta and its association with the Tournament, the City agrees to focus a percentage of its budgeted marketing dollars to be used in joint or co -promotions with Classic, SilverRock Resort and La Quinta businesses. The ads will include at a minimum the Tournament Name, Dates, Website, and Phone number. This will not only help to bring people into the city, but will help solidify and build the reputation of the city as host to one of the longest running PGA Tour events. The City and Classic agree to meet and further develop a joint marketing plan. 3. The Tournament will have a prominent position on the City's "www.PlaylnQuinta.com" website, from November 2011 through January 2012. The Classic will receive an active Banner during this time frame. The banner will have a direct link to the Tournament Website. 4. In an effort to keep the streets running and moving in the safest and most efficient manner during the Tournament, the City of La Quinta agrees to supply four (4) traffic safety message boards provided the City does not have a traffic safety event elsewhere in the city during the Tournament. 5. The City will use the Public Works Department to install the Street Banners that promote the event and the City of La Quinta's affiliation with the Classic within the La Quinta Village. to 237 Collaboration/Cross-Marketing among Classic, City, and Humana 1. In acknowledgement of the strong synergies that exist between Humana's intentions to use the Tournament to promote wellness and healthy living and City's on -going efforts to promote itself as one of the healthiest cities in the nation (e.g. taking the lead on promoting healthy lifestyles via nutrition, recreation, and exercise, as well as working on infrastructure to facilitate healthy activities like walking, running, hiking, biking, and golf), Classic will work to encourage joint marketing initiatives during the month of the Tournament and throughout the year that will further develop Humana's communication objectives while promoting the City of La Quinta as an award -winning Healthy Eating Active Living (H.E.A.L.) City. 2. Classic shall encourage Humana to work with the City of La Quinta, City businesses and key City partners such as the La Quinta Chamber of Commerce and La Quinta Arts Foundation. " 238 EXHIBIT "C" IN -KIND SERVICES In an effort to move traffic in the safest and most efficient manner possible during the classic, the City of La Quinta agrees to supply four (4) traffic safety message boards provided the City does not have a traffic safety event elsewhere in the City during the Classic. The City's Public Works Department will install the Street Banners that promote the event and the City of La Quinta's affiliation with the Classic within the La Quinta Village. " 239 COUNCIL/RDA MEETING DATE: July 5, 2011 AGENDA CATEGORY: /'' ITEM TITLE: Consideration of a Resolution Approving BUSINESS SESSION: "[ the Fiscal Year 201 1 /2012 City of La Quinta Budget CONSENT CALENDAR: _ and Establishing the City's Appropriation Limit STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council approving the Fiscal Year 201 1 /2012 City of La Quinta Budget and establishing the City's Appropriation Limit; and receive and file the Five -Year Resource Allocation Plan. FISCAL IMPLICATIONS: All Fiscal Year 201 1 /2012 revenues, operational appropriations and capital project funding are included in the Proposed Fiscal Year 201 1 /2012 Budget (Attachment 1). The final estimated net increase (decrease) in the General Fund balances for Fiscal Year 2011/2012 is $0, after changes have been made based upon the June 21, 2011 Preliminary Budget Council Meeting (Attachment 2). In order to balance this year's General Fund budget an application of $3,1 12,226 in available Fund Balances reserves was required. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the City Council Meeting of June 21, 2011, the City Council adopted the Preliminary Budget and provided staff direction regarding the Final Budget for the 201 1 /2012 Fiscal Year. Additionally, staff has provided a list of continuing appropriations/encumbrances for Fiscal Year 2010/201 1, as well as, a copy of the June 21, 2011 Staff Report for reference (Attachments 3 & 4). n 240 As indicated in the City Manager's Budget Message, staff believes that this has been a particularly challenging budget year. For the first time in the City's history, the City has had to draw on $3.1 million of General Fund reserves to balance the budget. While this is primarily due to a decrease in revenues over the past three years, it is also driven by potential State actions to eliminate or modify redevelopment. While the City has been careful to keep its fiscal house in order, the State has not and plans to augment its budget on the backs of cities. Despite this, through creativity, ambition and determination, La Quinta remains the very successful City it has been and continues its reputation as the "Gem of the Desert." As a result, staff has decreased the budget estimates for most general fund departments while still maintaining a conservative fiscal policy. Contingency Grant Program At the budget hearing on June 21, 2011, staff was directed to change the preliminary budget line item for the Coachella Valley Economic Partnership from $50,000 to $25,000. Staff was also directed to change the Contingency Grant Program line item from $0 to $25,000 and to add a line item for $1,140 to the Final Budget for the La Quinta Historical Society. Also provided for the City Council review is the City's annual Five -Year Resource Allocation Plan (RAP) (Attachment 5). The RAP uses general assumptions, which are included in the attachment, to project revenues and expenditures for the next five years. In addition, the RAP lists the projected staff needs for the next five years. City staff requests that this item be received and filed. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1) Adoption of a Resolution of the City Council approving the Fiscal Year 2011 /2012 City of La Quinta Budget and establishing the City's Appropriation Limit; and receive and file the Five -Year Resource Allocation Plan; or 2) Adoption of a Resolution of the City Council approving the Fiscal Year 201 1 /2012 City of La Quinta Budget and establishing the City's Appropriation Limit; and receive and file the Five -Year Resource Allocation Plan, as amended; or 3) Provide staff with alternative direction. M 241 Respectfully submitted, NMII�m John M. Falconer, Finance Director Attachments: 1 2. 3. 4. 5. Approved for submission by: Thomas P. Genovese, City Manager City of La Quinta Fiscal Year 201 1 /2012 Annual and Supporting Document (under separate cover) Changes between Preliminary vs. Final Budget Accounts Appropriations/Encumbrances June 21, 2011 Staff Report City's Five -Year Resource Allocation Plan Budget ..„ 242 RESOLUTION NO. 2011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 2011 /2012 AND APPROVING A BUDGET FOR FISCAL YEAR 2011/2012 WHEREAS, each year the La Quinta City Council adopts a Budget for Revenues and Expenditures for the upcoming Fiscal Year; and WHEREAS, the City Council desires to make provisions for a level of services commensurate with the needs of the City; and WHEREAS, the City Council has reviewed said budget and has had several public meetings to receive public input; and WHEREAS, the City Council has, after due deliberation and consideration, made such amendments in the proposed budget as it considers desirable; and WHEREAS, Section 7910 of the government Code of the State of California provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year; and WHEREAS, Section 7902(b) of the Government Code sets forth the method for determining the said appropriations limit, to be based upon the limit applicable for the prior fiscal year and adjusted for changes in the cost -of -living and in City population. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta to adopt, as follows: SECTION 1. The appropriations limit for the City of La Quinta established in accordance with Section 7902(b) of the California Government Code, for Fiscal Year 2011-2012 is $91,910,124. SECTION 2. It is hereby found and determined that in compliance with Government Code Section 7910, the documentation used in the determination of said appropriations limit for Fiscal Year 201 1 /2012 was available to the public in the Finance Department of the City and in the Office of the City Clerk at least fifteen days prior to this date. SECTION 3. The Fiscal Year 201 1 /2012 Budget which is on file with the City Clerk is hereby approved. " 243 Resolution No. 2011. Budget Approval FY 2011/2012 Adopted: July 5. 2011 Page 2 SECTION 4. The Redevelopment Agency agrees to the reimbursement to the City for services performed by the City on behalf of the Agency. Such reimbursement, as computed and included in the budget document, shall include salary, salary related Costs, direct costs, and indirect overhead costs. SECTION 5. Continuing Appropriations which remain unspent and were authorized by Council in Fiscal Year 2010/2011 are approved in the Fiscal Year 2011/2012 Budget in an amount not to exceed $1,944,600 of which $243,482 will be offset by grant funding (Attachment 1). SECTION 6. Encumbrances for Fiscal Year 2009/2010 for committed appropriations are approved in the Fiscal Year 2010/2011 Budget in an amount not to exceed $136,010 of which $623 will be offset by grant funding (Attachment 1). SECTION 7. Budget adjustment procedures are approved as follows: A. Additional appropriations and the transfer of cash or unappropriated fund balance from one fund to another shall be made only upon City Council approval. B. Transfers of budgeted appropriations between divisions or capital projects shall be made only upon City Council approval. C. Transfers of budgeted appropriations between accounts within a division or capital project may be made with the approval of the City Manager or his designee. D. Prior year budget continuing Appropriations and Encumbrances for unexpended capital project appropriations remaining from uncompleted prior year capital projects shall be made with City Manager approval. these carry-over appropriations are for prior year Council approved capital projects and shall not exceed the approved project budget. SECTION 8. The City Council, recognizing the need for maintaining Fund Balance reserves has established a General Fund Cash Flow Reserve for Fiscal Year 2010/2011. of 8.25% of the Fiscal Year 2011/-2012 budget which amounts to $3,304,383 for Fiscal Year 2010/2011, and has also established a General Fund Emergency Reserve for Fiscal Year 2010/2011 of 35% of the Fiscal Year 2011/2012 budget plus $4,000,000 which amounts to $18,018,595. In addition, the following N 244 Resolution No. 2011- Budget Approval FY 2011/2012 Adopted: July 5, 2011 Page 3 are the estimated reserves to General Fund Balances as of June 30, 2011 including the already mentioned cash flow and emergency reserve amounts: City of La Quinta Reserves & Designations Fiscal Year End 2010/201 1 Advances to other funds $ 15,502,903 Deposits 9,830 Prepaids 23,393 Encumbrances 124,576 Carry over appropriations 1,535,118 Debt service payment 169,631 Post retirement health care benefits 1,258,059 Land held for resale 8,320,000 Future operational deficit 7,500,000 Cash flow 3,304,383 Emergency reserve 18,018,595 Continuing operation and projects 35,747,637 $ 91,514,125 SECTION 9. The City Manager shall render a monthly report to the City Council on the status of City operations as it relates to the approved budget and any amendments thereto. .PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: " 245 Resolution No. 2011- Budget Approval FY 2011/2012 Adopted: July S. 2011 Page 4 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La,Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ..« 246 A„RL#nmcII |< | [ R5 e| . \! % § M R| # } | „ „ . „. )2{ 9 �§ / \\ ! 247 MI 1f1Vl mIVKvI r City of La Quinta Changes Between Preliminary vs. Final Budget Accounts Fiscal Year 2011-2012 Preliminary I I Final Fund - Preliminary Budget - Reserve 0 0 Application of reserves - operational deficit (2,353,717) (1,140) (2,354,857) Contingency Grants 0 25,000 25,000 Coachella Valley Economic Partnership 50,000 (25,000) 25,000 La Quinta Historical Society 0 1,140 1,140 Subtotal - Changes (2,303 717) 0 (2,303,717) Reserves as of June 30, 2011 General Fund Preliminary Budget Chan es Final Budget Deposits and Prepaids 9,930 23,293 33,223 1 st Half Bond Debt Service 169,631 0 169,631 Future Post Retirement Health Benefits 1,258,059 0 1,258,059 Encumbrances and Continuing Appropriations - General Fund 1,592,250 67,444 1,659,694 Land held for resale 8,320,000 0 8,320,000 Future Operational Deficits 7,500,000 0 7,500,000 Advances to other funds 15,502,903 0 15,502,903 Cash flow reserve - 8.25% of budget 3,304,289 94 3,304,383 Emergency reserve - 35% of budget plus $4,000,000 18,018,196 399. 18,018,595 lContinuing Operations & Projects 35,838,867 (91,230) 35,747,637 Total 91,514,125 0 91,514,125 P% I 1 P1 V l un v... . a _M 249 to i � r►�,nrv�� •r � ' �0'4,i • i AGENDA CATEGORY: COUNCIURDA MEETING DATE: June 21, 2017 BUSINESS SESSION: ITEM TITLE: Consideration of Fiscal Year 2011/2012 CONSENT CALENDAR: _ Preliminary Budget STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt the Fiscal Year 2011/2012 Preliminary Budget and direct staff to prepare a Fiscal Year 2011/2012 Final Budget for the July 5, 2011 City Council Meeting. FISCAL IMPLICATIONS: All Preliminary Fiscal Year 2011/2012 revenues, operational appropriations and capital projects funding are included in this Preliminary Budget. Pursuant to City Council direction, staff has presented the City Council with a balanced General Fund budget using $3.1 million of General Fund Balance reserves from the estimated $91.5 million General Fund Balance at June 30, 2011. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Introduction As the City. Council is aware, the Budgeting process actually starts in February when the City Council discusses the City Council Goals and the Annual Financial Management review. The Annual Financial Management review. is the first component of the strategic planning process; and along with the discussion of the City Council goals are the building blocks of the budget. The City Council has since reviewed and approved the Economic Development Plan, the Capital ,�� 250 Improvement Program and the Marketing Plan for the upcoming Fiscal Year. Each of these components have been incorporated into the proposed budget. This preliminary Fiscal Year 2011/2012 Budget is similar to the format implemented in previous years. This format utilizes two separate documents to develop the City, Redevelopment Agency, Financing and Housing Authorities Budget. The first of the two documents utilized for presentation of this year's budget is titled: "Fiscal Year 2011/2012 Preliminary Budget," and includes the total scope of operations for the City, Agency, Financing and Housing Authorities. The second document is titled: "Supporting Document." This document provides the detail for each program operation and the justification for any of the changes requested. Executive Summary The following table shows a comparison of the revenues and expenditures in the General Fund from Fiscal year 2011/2012 and 2010/2011: Fiscal Year 2011/2012 2010f2011 Change Estimated Budgeted Revenues 31,424,168 33,998,738 (2,574,570) Application of Reserves - Personnel Reductions Application of Reserves - Operational Deficit Transfers In - 757,369 2.353,717 135,844. 0 0 158,800 757,369 2,353,717 (22,956) Reirnimmements 6,0116,214 5,984,194 32,020 Toted Sources 40687312 40141732 545580 Estimated Operating Expenditures Transfers Out 40,051,987 635,325 39,356,130 785,454 695,857 (150,129) Total Uses 40,687,312 40,14104 545,728 Net income (loss) 0 - 148 (148 General Fund Reserves The General Fund is the only fund in the City in which the City Council has total discretion over. the appropriation of funds. For nearly thirty years. the City has experienced continued growth in its General Fund Balance or its "reserves" and has one of the highest balances in the Coachella Valley. These reserves represent the net income that has been received from year to year since incorporation and is projected to be at $91.5 million at June 30, 2011. This balance has resulted from current and past Council's belief that the City should operate within its means on a year to year basis. Unfortunately, for the last three years the country has been experiencing a recession which has impacted the City in many ways — lower property tax collections, lower sales tax revenues, lower development fees and. permits, lower transient occupancy taxes and lower interest income from lower interest rates. To combat these revenue declines, the City has been reducing its expenditures including staff and. outside contractors and consultants. For instance, the total authorized positions in FY201 1/2012 are 89 positions compared to 105 in . FY 2008/2009. It is important to note that this decrease in staff positions would have been greater, which many of our surrounding communities have experienced, if not for the City's belief to contract out to the private sector for many of the services that our residents receive. To deal with this revenue downturn, the City has cut its costs wherever possible with the intent of lessening any direct impact of services to our residents' and visitors' perception of La Quints as the "Gem of the Desert." Some of the cost savings undertaken to date include: (1) dowering the amount of funds allocated to maintain our pavement management program, (2) lowering, or in some cases eliminating, funding for future equipment replacement, information technology improvements, and park equipment improvements, (3) reducing staff travel and training, (4) as mentioned previously lowering or reducing outside contract inspection for building and safety and public works services, .(5) shifting or increasing activities previously funded by the General Fund to other funds, (6) paying cash whenever possible for items previously financed due to low interest rates on investments, and (7) implementing an early staff retirement program. It is important to note that during this slow down, the City has not closed facilities, reduced hours of operations, implemented furloughs, reduced staffing levels (other than employee -initiated reductions, e.g. retirement), limited or reduced standby and call out pay, or proposed a future staff reduction plan. While staff continues to look for ways to decrease costs, the economic downturn that has impacted the City continues into the current Fiscal Year 2011 /2012 and the State of California Governor's proposed budget actions may have further impacts. 252 While other cost cutting measures mentioned earlier could be considered at this time or may more. than likely have to be considered in the future if the economy .does not improve, staff believes that the next step is to reserve 0.5 million of fund balances to cover possible operating deficits for the next three years. In addition to the aforementioned cost cutting measures, during these three years the City Council may want to look at looking at new revenue sources, which some of our surrounding communities have in place — park assessment districts, utility user taxes, and public safety taxes or by increasing our existing revenues, such as sales tax or transient occupancy rates. The following table shows a breakdown of the estimated Fund Balance as of June 30, 2011 as further detailed on page C-2 of the Budget Document: City of La Quinta Reserves & Designations Fiscal Year End 2010/2011 Advances to other funds Deposits Prepaids Encumbrances Carry over appropriations Debt service payment Post retirement health care benefits Land held for resale Future operational deficit Cash flow Emergency reserve Continuing operation and projects S 15,502,903 9,830 100 132,132 - 1,460,118 169,631 1,258,059 8,320,000 7,500,000 3,304,289 18,018,196 35,838,867 $ 91,514,125 As the table illustrates that even after the application of $7.5 million of reserves toward possible future deficits the General Fund has $35.8 million of continuing operation and project reserves. �.. 253 Summary of This Year's Budget Revenues — General Fund This year's General Fund projected revenues of $40.68 million, which includes $3..11 million of reserves, is up from the $40.14 million from the prior year as projected in the following table: REVENUE TYPE INCREASES - Application of reserves- Operational deficit 8 2,353,717 - Application of reserves - Personnel reductions 757,369 Transient Occupancy Tax 500,000 Sales Tax 499,000 Miscellaneous 68,800 Document Transfer Tax 57,200 County Fire Operations; 34,690 Change in Reimbursements 32,020 Fees for Service 10,760 Franchise Fee 3,130 4,316,686 (DECREASES) Interest. 5 (2,809,450) Property Tax (552,200) Motor Vehicle in Lieu (312,800) Intergovernmental (68,000) Change in Transfer in (22,956) Licenses & Permits (5,700) Subtotal (3,771,106) Total 545,580 S Reconciliation: Prior Year Revenues FY 2610/2011 S 34,157,538 Previous Year Reimbursement FY 2010/2011 5,984,194 Budget Summary FY 2009/2010 Sources $ 40,141,732 Budget Summary FY 2011/2012 Sources 40,687,312 Change S 545,580 254 Revenues - Use of Reserves In order to balance the FY 2011 /2012 General Fund Budget, staff is proposing the use of $3.11 million in reserves. Approximately, $757,000 of this amount is for the cost cutting early retirement program which will save an estimated $1.3 million in salary and fringe benefit costs after FY 2011 /2012. The balance of $2.35 million is from an operational deficit, which would not have been created but for the early repayment of General Fund loans made to the Redevelopment Agency.. This early repayment was .necessitated by the Governor's proposal to eliminate Redevelopment Agencies state-wide and has resulted in a loss of $3.38 million in interest income to the General Fund. Revenue Increases The.major increase in revenues for FY 2011/2012 is transient occupancy tax $506,000 and sales taxes - $499,000. The following charts show the five year budgets for these two revenue sources: Transient Occupancy Tax 9 6,000,000 . . 5,000.000 go 4,000,000NEW 3,000,000 geo . 2,000,000 00 NEW �■ �■ S■ M■ !■t ,,, ,,, �■, �■ ®■ME- - 0■ �■ IM Eli Ell The charts indicate that while the FY 2011/2012 budgets for these two revenues are budgeted to increase they are a combined $3.4 million less than the amounts budgeted in FY 2007/2008. Revenue Decreases With the Governor's proposal to eliminate the Redevelopment Agencies with the FY 2011/2012.State budget, the outstanding loans of $41 million between the City and Agency were at risk of being lost. As a result, in March and April of 2011, the Redevelopment Agency repaid. all of the outstanding loan amounts to the City. These were long term loans that were due in approximately twenty years and paid interest between 7% and 10%. While on one hand the Agency had the financial resources to repay the loans, the other impact is that with interest rates at historical lows the reinvestment of these proceeds will result in a net loss of approximately $3 million. Overall, FY 2011 /2012 interest income is projected to be $2.8 million less than FY 2010/2011. While staff is projecting an increase in sales tax and transient occupancy tax, the City is projecting an 8.5% or $552,200 decrease in property taxes coming into the General Fund as compared to the prior year FY 2010/2011 budget. This is based upon previously approved property revaluations by the County Assessor and based upon the sale of properties. Expenditures — General Fund This year's General. Fund projected expenditures of $40.69 million is up from the 440.1.4 million from the prior year as projected in the following table which reflects by Department the increase and decreases from last year's budget: DEPARTMENT TOTAL EXPENDITURES CHANGES REIMBURSEMENTS CHANGES INCREASES Department General Government 327,661 296,906 624,567 Community Services 102,997 24,731 127,728 Public Works 322;727 (244,814) 77,913 Fse 38,022 (3,382) 34,690 Finance 57,099 (30,980) 26,119 Subtotal 848,506 42,511 891,017 (DECREASES) Departments Building & Safety (50,571) (33,728) (84,299) Planning (22,852) (50,703) (73,655) City Clerk (79,226) 9,900 (69,326) Police 0 0 0 Subtotal (152,649) (74,531) (227,180) Net Increase in Expenditures 695,857 (32,020) 663,838 Decrease in Transfers (150,129) Total $545,728 Reconciliation: Prior Year Expenditures FY 2010/2011 $39,356,130 Previous Year Transfers Out FY 2010/2011 785,454 Budget Summary FY 2010/2011 Sources $40,141,584 Budget Summary FY 2011/2012 Sources 40,687,312 Change $545,728 �r 2.57 Decreases in General Fund Expenditures With the estimated reduction in revenues forecasted for Fiscal Year 2011 /2012, the following reductions over $50,000 in the Budget, as outlined in Attachment 1, have been proposed with the intent to not decrease service level to the public, whenever possible. Some of the more notable planned expenditure decreases in this year's budget include: • Decrease in existing salaries ($862,300). • Decrease of 0(125,700) in legal expenses. • Decrease of ($50,000) in marketing service expenses. • Decrease of ($50,000) in CVWD Conservation program. • Decrease of ($92,275) in Grant Program. • Decrease of 0100,000) in the COPS Program. • Decrease of ($90,000) in Public Works contract inspections. Increases in General Fund Expenditures The following are some of the notable increases in the General Fund over $50,000; • Increase of $757,369 in funding early retirement payments (funded by reserves). • Increase of $561,562 equipment replacement fund charges. • Increase of $483,227 information technology fund charges. • Increase of $117,274 in Police salaries & fringe benefits (offset by other line item decreases). Personnel The following changes for Fiscal Year 2011 /2012 are being recommended to the Authorized Positions list as detailed in Section I are as follows: Ten (10) positions being recommended for deletion from the City authorized positions listing bringing the City-wide total from 99 in Fiscal Year 2010/2011 to 89 in Fiscal Year 2011 /2012. • City Manager Department — Assistant City Manager Development Services • City Manager Department — Assistant City Manager Management Services • -City Manager Department — Management Assistant • City Clerk — Deputy City Clerk • Finance Department — Senior Account Technician • Building & Safety. Department - Building & Safety Manager • Building & Safety Department — Special Projects Assistant • Building & Safety Department Senior Building Inspector 258 • Public Works Department — Associate Engineer • Public Works Department — Maintenance Worker II • An interim transfer of an Assistant Planner from the Planning Division to the City Manager Development Services Division. The position of Building & Safety Manager is being deleted and the Building & Safety Director position is being reclassified from Range 93 to Range 87. The following positions will have title changes only (no changes to salaries), to more accurately reflect the duties resulting from the organizational restructuring, with the job descriptions as outlined in Attachment 2: Formerly New Title Senior Plans Examiner Plans Examiner/Inspection Supervisor Human Resources/Risk Manager Human Resources/General Services Manager Economic Development Manager Economic Development/Housing Manager Economic Development Manager Marketing/Economic Development Manager The Fiscal Year 2011/2012 budget contains no increases in cost of living. This year's budget does include merit increases for those employees who are eligible. After FY 2011/2012, the estimated salary & fringe benefit savings from the deletion of the ten (10) positions is projected to be $1.3 million. In FY 2011/2012, the budget contains a one time line item for the purchase of two .additional years of retirement service credit for (9) nine of the (10) ten employees totaling $757,369. Police and Fire. Department Budget Discussions Police Services — the overall budget for Police Services has remained unchanged from the prior year. The Police Department budget represents the largest service level cost in the preliminary budget. Police Services represents 31.2% of total General Fund expenditures for Fiscal Year 2011/2012 as compared with 31.7% of the Fiscal Year 2010/2011 budget. This year the Police budget is increased by one Grant Funded Motor Officer position and decreased by one non -grant funded Motor Officer. As previously mentioned the total Police Budget for FY 2011/2012 did not change from the $12,712,089 budgeted in FY 2010/2011. Line items that did increase include $117,274 in salary and fringe benefit costs, $49,292 in booking fees, and $40,606 for motorcycle equipment charges. Line items that decreased from the prior year include $100,000 in COPS funding, $32,500 in City funded special M 2v9 enforcement funds, and $24,500 in JAG Grant funding. Also included within the Police Department proposal is $190,000 in special enforcement funds, $70,000 for Bob Hope Classic costs for public safety, and..$81,300 for rent expenses for the Highway 111 Police sub -station. Fire Services — the overall budget for Fire Services has increased by $38,022 to a total of $4,949,503 for Fiscal Year 2611/2012. This represents the third largest service level in the proposed budget. Fire Services represents 12.4% of total General Fund expenditures for Fiscal Year 2011/2012 as compared with 12.5% for .Fiscal Year 201012011. The primary factor for the increase is $18,490 in salary and fringe benefit costs, and $20,000 for property and earthquake insurance. No change in Fire Services personnel is being recommended. Revenues for these services have come from the Fire Structural Tax and. Property Tax increment from Project Area 1 and 2, which should exceed appropriations and continue to result in a surplus. Internal Service Funds Update The City has three internal service funds - Equipment Replacement, Information Technology and Park Maintenance Equipment & Facility. These funds were established to set aside each year funds to ultimately replace fixed assets: For example, the City currently charges approximately $20,000 for ten years to purchase a street sweeper. This is done so that in ten years the City is not faced with a $200,000 funding request which could dramatically impact the budget process. In this. year's budget, as was the case last year, these charges have been reduced in order to help in balancing the General Fund budget. The amount that was reduced in Fiscal Year 2011 /2012 is reflected in the following table and the current cash balances as of: May 31, 2011: FY 11/12 FY 11/12 FY 11/12 BUDGETED NORMAL REDUCED May 31st FUND CHARGES CHARGES CHARGES Cash on Hand Equipment Replacement 589,338 589,338 1,623,038 Information Technology 485,522 485,522 944,687 Park Maintenance Equipment & Facility 0. 432,234 432,234 699,052 1074860 1507.094 432;234 3,266,777_ It should be noted that the fixed assets in the Park Maintenance Equipment & Facility Fund are generally in good condition and have been maintained to operating order. 260 Community Marketing Service Projects The following table lists Community Marketing Service items exceeding $5,000 as contained in the Preliminary Budget: AGENCIES FY 11/12 BUDGETED Chamber of Commerce 160,000 La Quints Arts Foundation 145,800 Grant Contingency Soroptomist Facility Rent 5,025 Prestige @ PGA 5,000 Boys & Girls Club- Facility Use (1) 70,000 YMCA Pool Contract 28,000 Concours D'Elegance 10,000 Jacqueline Cochran Regional Airport (Airshow and dues) 15,000 Coachella Valley Economic Partnership 50,000 Date Festival 5,000 (1) $30,000from Community Development Block Grant Other Funding Requests - Community Organizations The City received four (4) requests from community organizations for Fiscal Year 2011/2012 totaling $177,140 $1,140 from the La Quinta Historical Society for a fee waiver at the La Quinta.Museum for two events — historic plaque program and the Thirtieth Birthday program, $15,000 from the Old Town Artisan Studio to increase the number of non -fee student class opportunities and match funds for this community outreach program, $36,000 from the La Quints Chamber of Commerce for a waiver of $1,000 per month for 36 months through November 30, 2014 for office space in the La Quints Library, and $125,000 from the La Quinta Arts Foundation for production and promotion of the La Quinta Arts Festival (the FY 2011/2012 has $145,800 budgeted for the festival. and Senior Center rental). In the past, the City Council has considered these funding requests at this time or referred,. as deemed appropriate, the request(s) to the grant process. It should be noted that the Preliminary FY 20111201.2 budget has no proposed funding for the grant process which has historically been budgeted for at $100,000 other than $5,025 for the Soroptomist facility rent. Attachment 3 lists Fiscal Year 2010/2011 Grants/Contingency/Contracts/Other activities funded by the City and Attachment 4 has the four organizations funding request backup. State Budget Impacts The FY 2011/2012 budget has been prepared with the understanding. that the La Quinta Redevelopment Agency will remain a legal entity. The Governor has proposed the elimination of Redevelopment Agencies state-wide as early as June 30, 2011. With this as a distinct possibility the City loans to the Agency were N 261. repaid in FY 2010/2011 earlier than anticipated and has resulted in $3.2 million less in interest income to the General Fund. The General Fund budget also contains $1.6 million in reimbursements for project planning, which would potentially be eliminated if the Governor's proposal to eliminate the Agencies is successful. In addition, the FY 2011/2012 budget does not include $100,000 in Citizens Options for Public Safety (COPS) and does not include the state subsidy of approximately $60;000 for jail funding. Since the passage of Proposition 22, the FY 2011/2012 Redevelopment Agency budget does not include a payment to the State of California for Supplemental Education Relief Augment Funds. In FY 2010/2011 and FY 2009/2010, $4.85 million and $23.58 million, respectively were paid to the State. Timeline Attached is a brief outline of the City staff presentation of the Preliminary Budget (Attachment 5) as well as a one -page summary of highlights of this year's budget (Attachment 6). Also attached are a Summary and Supporting Fiscal Year 2011/2012 Preliminary Budget for Council's consideration (Attachment 7). Staff is requesting that, at the June 21, 2011 City Council meeting, the Council review and make amendments as necessary to the Preliminary Budget. Subsequent to this review, staff is. requesting approval of the Preliminary Budget with a July 1; 2011, effective date. Staff will then incorporate all changes pursuant to the discussion of the Preliminary Budget and schedule the item for consideration at the July 5, 2011, City Council meeting for Final Budget adoption. Capital improvement Program The Fiscal Year 2011/2012 Preliminary Budget incorporates the planned capital expenditures for next year, which total $19,691,294. The projects can be found on Pages H-1and H-2 and include funding for five (3) major CIP projects; Dune Palms Bridge Improvements at the Whitewater River, Coral Mountain Apartments, and median island improvements on Fred Waring Dr and Palm Royale. 1-1 also lists the sales and transient tax reimbursements that the City of La Quinta General Fund is estimated to pay which total $505,000 for Fiscal Year 2011/2012. Five -Year Resource Allocation Plan City staff is currently completing the Five -Year Resource Allocation Plan (RAP). This five-year plan forecasts the. operating expenditures and the anticipated . 262 revenues to pay for these expenditures. Staff will incorporate any changes between the Preliminary Budget and the final budget into the Five -Year Resource Allocation Plan which is scheduled for presentation at the July 5, 2011 City Council meeting. Summary Overall, the City's General Fund Budget is a challenging story. As identified on page C-1 of the Preliminary Budget, this year's budget is currently balanced and contains a surplus of $0. This memorandum is intended only as a summary of the issues and details of the budget. We look forward to these discussions with the City Council at the June 21, 2011 City Council special meeting. The City staff will be prepared with recommendations, and requests to report on methods/suggestions to balance the operating budget. FINDINGS AND ALTERNATIVES: City staff is requesting: 1) Review and comment on the 201 1 /2012 Fiscal Year Budget and provide direction regarding any proposed changes to the document; and 2) Approval of the 201 1 /2012 Fiscal Year Preliminary Budget as amended at the June 21, 2011, City Council Special Meeting. (Any approved changes by the City Council to be incorporated into the Final Budget for adoption on July 5, 2011.) Respectfully submitted, Aifw�,M,- 4m,_� vJohn M. Falconer, Finance Director Approved for submission by: /Thomas P. Genovese, City Manager 263 Attachments: 1. Changes between Fiscal Year 2011/2012 & 2010/2011 General Fund Expenditures 2.. Job Descriptions — New Titles 3. Grants/Contingency/Contracts/Other & Department Requests 4. Other Funding Requests — Community Organizations 5., Staff Outline 6. -Major Highlights 7. Preliminary Budget — two documents WIN to C a ppgp Q �y F M Oa+fNN NO •• Nc O.g 6NbN NN. NR1� t+l 61 Pl v ul go �t s gpo oglegg 64-ikpit nr co m y fi elf E LL m a `m �u � G 0 N ��Sma� C7 a � ��Ea•s�a v' S co c SE .11 HalN$c25.Ws 0�x7a'i i ,. � ccc 7_ w _ a-Yui�>a�9c)a awui>ti76w o � � S g N_ m m C C C 265 966 U O NQ ppC N 3 3'� gg B 8 g L LL 8. p� q N N LC p F' C . O C Wes m �d O 9 ui o V zo�5 9 of Vm� N cr g rb3 �m��uiWm�n� O .ppaapp SSpp GMG ODe-�O.-M�O LL ' F E O Y�i1N 100� g taV,qvi ciggg •- §Alp § . I -� � < . ■§¥;.§ 6 § §>§� . ��. «_ , 2�■ � ® $§§$k§� ■ § § �B� �■ ¥-_ _ \. ©;i 270 .. ...g,to �. .. a _ %#§§§§¥@§ k§B§k§§ ■ ! R«©ale ©e8 A#«#■■■ CL ■■§§§§§ < © gig K##■ �00 $K#,■gs PLANS EXAMINER/INSPECTION SUPERVISOR GENERAL STATEMENT OF JOB Under direction, performs complex work involving the review and examination of the non-structural components of commercial, industrial, and residential building plans for compliance with adopted building,mechanical, electrical, plumbing and energy codes, health and safety codes, business and professions codes, zoning codes, and other applicable laws and ordinances. DISTINGUISHING CHARACTERISTICS This job class functions at an advanced supervisory level. Employees in this classification follow a framework of policies and objectives. Employees must possess a thorough knowledge of current federal, state, county and city laws, codes, and ordinances related to building inspection and construction. Employees must be capable of effective oral and written communication of code requirements to the public, builders, and design professionals. REPORTS TO: Building & Safety Director. ESSENTIAL FUNCTIONS The following duties are normal for this. pos/tion. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. • Supervises Building & Safety building and inspection staff including instructing, recruiting, selecting, and allocating employees, reviewing and planning work, maintaining standards, coordinating activities, and transferring or promoting employees; recommends salary increases and discipline; writes performance appraisals; • Reviews building permit applications and submittal documents for completeness and appropriateness for the requested permit; • Performs plan check activities: reviews building and construction plans and associated documents for compliance with adopted building, mechanical, electrical, plumbing and energy codes, health and safety, codes, business and professions codes, zoning codes, and other applicable laws and ordinances, • Coordinates plan check activities with other City departments, other municipal and county organizations, and outside consultants; • Monitors, coordinates and reviews the work of full-time contractors performing plans examination; .A 273 • Assumes lead responsibility for the plan review process; • Investigates complaints and potential violations of building codes and/or hazards; issues notices of non-compliance regarding code requirements; • Operates a personal computer utilizing various commercial and proprietary applications software; • Calculates construction valuation and building permit fees; • Maintains logs to track project status; • Provides oral and written information to the public, builders, and design professionals, including the interpretation of building codes, zoning codes, and local ordinances; • Attends and participates in staff meetings, in-house training, and other periodic outside training seminars; • Performs code research and participates in establishing work priorities; • Performs occasional building inspections; • Supports office staff by answering inquiries at the public counter and on the telephone, printing and issuing building permits, and providing back-up coverage in the absence of the Counter Technician. MINIMUM TRAINING AND EXPERIENCE High school graduation or equivalent; 3 years of experience in the construction industry and the building trades involving work performed in conformance with standard building codes; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Required Licenses and Certifications Requires a valid Class C California Drivers. License and a safe driving record; Requires possession of at least one of the following: a current Building Inspector Certificate or Building Plans. Examiner Certificate Issued by the International Code Council Requires ability to obtain a Building Plans Examiner Certificate issued by the International Code Council within one year of employment if not already possessed. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of.• • All types of building construction materials and methods; • Accepted building construction safety standards; a. 274 • Proper principles, methods, techniques and practices of building inspection; • Procedures involved in the enforcement of codes and local ordinances; • Federal, state, .county, and City building and zoning codes and related laws and ordinances. Physical Requirements: • Ability to operate a variety of office equipment and tools related to the job; • Ability to coordinate eyes, hands and fingers in performing skilled tasks including driving; • Ability to exert moderate physical effort in medium work involving stooping, crouching, climbing and lifting; • Ability to exert a negligible amount of force frequently to lift, carry push, pull or otherwise move objects. Supervisory. Responsibilities: • Ability to assign, review, plan, and coordinate the work of other employees or contractors; • Ability to provide instruction and guidance to staff; and promote staff development and motivation; and analyze problems that arise in the areas under supervision and recommend solutions: • Ability to recommend the discipline or. discharge of staff, .approve. transfers or promotion of employees; i • Ability to assess . the work of employees and write performance appraisals. Mathematical Ability: • Ability to accurately and quickly add, subtract, multiply and divide; • Ability to accurately compute and use fractions and decimals and geometric equations. Judgment and Situational Reasoning Ability. • Ability to apply concepts of rational: thinking in interpretation, communication, and application of building code requirements; • Ability to use Independent . judgment in fairly routine situations, such as inspecting properties, applying complex building codes, and checking plans for compliance. Language Ability and Interpersonal Communication. - Ability to comprehend_ and correctly use a variety of informational documents including blueprints, structural calculations, truss calculations and energy calculations; _ I i n 275 Ability to accurate) • ty y prepare plan check correction lists, calculate � building. permit fees, letters of correspondence, and reports using prescribed format and conforming .to all rules of punctuation, grammar, diction and style; Ability to comprehend a variety of reference books .and manuals including municipal codes, building standards, professional society reports, handicapped accessibility codes, and state building codes; • Ability to establish and maintain effective working relationships with local residents, contractors, developers, coworkers, supervisor and other City personnel through verbal and written communication: Environmental AdeprabOy. • Ability to work in an outdoor environment while performing inspections and in an office environment. The City of Le Quints is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and j incumbents to discuss potential accommodations with the employer. July 2011 If I FLA QUINTA BUILDING AND SAFETY DIRECTOR GENERAL STATEMENT OF JOB Under executive direction, plans, organizes, directs and reviews the activities, staff and programs of the Building and Safety Department to include Building Inspection, Code. Compliance/Animal Control, Facility Maintenance & Emergency Services functions.. Provides technical and professional support to other City Departments, City Manager, City Council and various commissions and committees. Recommends, establishes and implements departmental objectives; assists In establishing and implementing City goals and objectives within general policy guidelines. DISTINGUISHING CHARACTERISTICS This job class functions at a department director level, Employees in this classification exercise overall responsibility for policy development, program planning, fiscal management, administration and operation of the units of the department consistent with overall, City. goals, objectives, policies and procedures. This classification manages subordinate managers, building and safety and clerical staff. This job class requires a thorough knowledge of zoning, public nuisance ordinances and vehicle codes. REPORTS TO; City Manager. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other dudes may be required and assigned. . ➢ Assigns and supervises the work performed by the Building & Safety Department staff; ➢ Regulates and controls the use occupancy and maintenance of structures within the City limits, according to legal and safety standards; Directs and participates in the development and implementation of goals, objectives, policies and procedures for the Department; ➢ Administers all contracts with the County providing animal control, public health, disaster. preparedness and other activities related to community safety; Evaluates and makes recommendations regarding services received from agencies; D Supervises managers and staff of assigned units, ; including instructing, recruiting, selecting, and allocating employees, reviewing and planning work, maintaining standards, coordinating activities, and transferring or promoting employees; recommends salary increases and discipline; writes performance appraisals; ➢ Coordinates all Building and Community Safety activities and maintains records and liaison with other City departments and with affected public and private 211 agencies; ➢ Performs non-structural plan checking; coordinates structural plan check . activities; ➢ Maintains records and prepares Building Division activity reports; D Oversees and .coordinates the activities of Code Compliance, Animal Control and Building and Safety divisions, Emergency Services, and Building Facilities; ➢ Develops comprehensive disaster/emergency plans for the City; D Establishes goals and policies related to immediate and long-rangebuilding and community safety development; recommends changes to the Municipal Code as necessary; ➢ Develops and manages the department budget; ➢ Attends City Council meetings; appears before. public and private agencies to present and discuss building and community safety policies; ➢ Performs various related essential duties as required. MINIMUM TRAINING AND EXPERIENCE . A Bachelor's degree is required from an accredited college or university with major course work in Planning, Public Administration, Business Administration, Engineering, or a closely related field; at least 4 years of progressively responsible experience in reviewing or Inspecting commercial, industrial and residential buildings, code enforcement, public safety or related fields, including at least 2 years of supervisory experience; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Required Licenses and Certification Requires a valid Class C California Driver's License Requires certification as a Building Inspector from the International Conference of Building Officials KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Know/edge of. codes, ordinances, laws, and regulations governing zoning and building requirements; D modern methods of construction, acceptable safety standards, public health administration and disaster preparedness; D contract administration and service evaluation ➢ budget preparation and administration; D principles and techniques of supervision; ➢ organizational structure of the city and city services as they relate to building and safety. Physica/ Requirements. • Ability to operate a variety of tools, equipment and vehicles, including adding machine, personal computer, copier, and fax; • Ability to coordinate eyes, hands and fingers in performing skilled tasks including driving; a 278* City of La Quints: Building and Safety Director; • Ability to exert light physical effort in sedentary to light work involving sitting most of the time, but may involve walking or standing for brief periods of time., Supervisorial Responsibilities. • Ability to assign, review, plan and coordinate the work of other employees; Ability to provide instruction and guidance to. staff; and promote staff development and motivation; and analyze problems that arise in the areas under supervision and recommend solutions; • Ability to recommend the discipline or discharge of staff, approve transfers or promotion of employees; • Ability to assess the work of employees and write performance appraisals. Mathematical Ability: • Ability to compute and use. fractions and decimals; • Ability to compute and apply calculations involving formulas and variables. Judgment and Situational Reasoning Ability: Ability to apply concepts of rational thinking in interpretation and application of municipal code on a case by case basis; •. Ability to apply concepts of rational thinking in budgeting; Ability to apply principles of synthesis functions in long-range planning; • Ability to apply principles of influence systems, i.e. supervision; Ability to use independent judgment in sometimes non -routine situations, such as interpreting and enforcing complex building codes. Language Ability and Interpersonal Communication: Ability to comprehend and correctly use a variety of informational documents including invoices, building, Incident and soils reports; • Ability to prepare agenda reports, annual and mid -year budgets, agreements, specifications, letters of correspondence and performance reviews using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including city Municipal Code, architectural plans, personnel manual, business and professionals code and. contractors licensing code; • Ability to communicate and maintain effective working relationships with local residents, architects/engineers, City safety personnel, coworkers, City Manager, contractors, consultants and other City personnel verbally and in writing; • Ability to prepare and present accurate, concise reports to Commissions and the City Council. THE CITY OFLA QU17VTA ECONOMIC DEVELOPMENT/HOUSING MANAGER GENERAL STATEMENT OF JOB Under limited supervision, performs a wide variety of responsible and complex administrative and analytical duties, including but not limited to, evaluation and analysis of economic development and redevelopment issues; preparation and presentation of staff reports and analysis; project development and support; provides information and assistance to the public regarding assigned programs and services; oversees and coordinates the execution of development projects from conception to completion, advises Council and/or Redevelopment Agency concerning project planning, development, scheduling, .parcel and building design, implementation strategies, contract preparation and supervision. Performs related work as required. REPORTS TO: City Manager, Assistant.City Manager orDepartment Director. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties maybe required and assigned s Participates in special projects including complex research of new programs and services, budget analysis and preparation, legislative and feasibility analyses; prepares and presents reports; • Prepares comprehensive technical records and analytical reports pertaining .to economic development, redevelopment, marketing, and other assigned areas; conducts research and comprehensive data collection efforts to support analysis; • Conducts preliminary negotiations and assists in final negotiations with owners and developers of properties scheduled for development;. Performs administrative work in planning,'analysis, and implementation of specific. economic development projects; • Prepares and monitors economic development project schedules and budgets, and oversees and coordinates the irnplamentation of the project through completion; • Assists in preparation of the City's Economic Development Plan; assists in negotiating economic development agreements, - Prepares project, pro forma or issues analysis wtilizing analytical, quantitative and intuitive skills; Collects, compiles, and analyzes complex information from various sources related to assigned programs; prepares reports which present and interpret data, and identifies alternatives; ensures compliance with City of La Quinta: Economic Development/Housing Manager local, State and Federal regulations; assists in review of new state and federal legislation; makes and justifies recommendations; j • Coordinates and collaborates with departments, divisions and outside agencies; • Serves as liaison between project team, city departments, outside public agencies, Chamber of Commerce, and the community to promote andfacilitate planning and execution of development projects; provides information and serves as a resource; • Serves on a variety of committees as assigned; prepares and presents staff reports to the Council and other Boards and Commissions; • Prepares and coordinates the preparation and/or review of written materials.on projects Including, but not limited to, development agreements, leases, maps, progress reports, and agenda items;. • Directs, reviews, and evaluates work of third -party contractors, including, but not limited to, design firms; marketing firms, landscape designers, architects, and economic development analysts; • May represent and/or assist the City Manager in presentations before the City Council, Boards, Commissions, and the public; • May represent the City Manager in negotiating and conferring with consultants and/or with person(s) involved in contract execution; • Assists with coordination of management of affordable housing program; • Performs supervisory duties including assigning, reviewing and planning work and. writing performance evaluations for assigned subordinate personnel in City Manager's Office; • Performs various related essential duties as required. MWIMUM TRAINING AND EXPERIENCE A Bachelors degree with major course work in public administration, business administration or a closely related field and three years experience in various areas of general government administration, management, or economic development. Required Licenses and Certification Requires a valid Class C California Drivers License. KNOWLEDGE AND ABILITIES REGUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of. • principles and practices of public administration, including goal setting, program and budget development and implementation; + methods of research; program. analysis, and report preparation; • principles and procedures of financial and statistical record keeping and reporting; • modern office procedures, methods and computer equipment; principles of marketing and promotions; • basic economic development practices and policies; 282 City of t.a Quinta: Economic Development/Housing Manager • . negotiating skills and practices; • Human Resources/risk management practices and procedures; • customer service principals and practices; • pertinent Federal, State and local laws, codes and regulations. Physical Requirements. • Ability to operate a variety of automated office machines including an adding machine, copier, personal computer, typewriter and fox machine; • Ability to, coordinate eyes, hands and fingers in performing semi -skilled tasks including word processing; • Ability to exert negligible physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, cant', push, pull, or otherwise move objects. SopervJsodal Responsibilities. • Ability to assign, review, plan and coordinate the work of other employees; • Ability to provide instruction and guidance to staff; and promote staff development and motivation; and analyze problems that arise in the areas under supervision and recommend solutions; • Ability to recommend the discipline or discharge of staff, approve transfers or promotion of employees; • Ability to assess the work of employees and write performance appraisals. Mathematical Ability. • Ability to add, subtract, multiply and divide; e Ability to compute and use fractions and decimals. Judgment and Situational Reasoning Ability.• - • Ability to apply principles of synthesis functions in assisting in the , development of long and short range plans; • Ability to use independent judgment under public scrutiny or on short notice such as when making public presentations or responding to media or public inquiries; • Ability to apply principals of influence systems such as supervising; • Ability to use independent judgment in fairly non -routine situations,, such as recognizing scope of authority and maintaining confidentiality when necessary; • Ability to use independent judgment under pressure during negotiations. Is 12 83 City of La Quints: Economic Development/Housing Manager Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of Informational documents including City and department rules, laws and policies, messages, reports, and meeting minutes; • Ability to prepare letters of, correspondence, memos, transmittals, forms, and reports using prescribed format and conforming to all rules of punctuation, grammar, diction and. style; • Ability to comprehend a variety of reference books and manuals including dictionary, computer software manuals and phone directory; • Ability to communicate effectively, both in writing and orally; • Ability to maintain effective working relationships with officials, coworkers, supervisor, members of the public, and other City personnel verbally and in. writing. Environmental Adaptability: • Ability to work independently; • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. Incompliance with the Americans With Disabilities Act La Quinta will provide reasonable accommodations to qualified individuals with disabilities.and encourages both prospective employees and Incumbents to discuss potential accommodations with the employer. THE CITY OF LA QUINTA HUMAN RESOURCES/GENERAL SERVICES MANAGER GENERAL STATEMENT OF JOB Under -administrative direction of the City Manager or his/her designee, organizes and administers City personnel, affirmative action, and employee development functions; provides professional assistance to management staff in personnel and related matters; performs related work as assigned. This position manages activities throughout the City related to 1) personnel management, which includes recruitment and selection, affirmative action, job analysis and classification, compensation and benefits evaluation administration, employee training and development, compliance with FMLA, FLSA, and ADA statutes and regulations, and employee records maintenance; 2) risk management, which includes review and recommendations of all City insurance policies and programs and analyses of procedures, systems, and policies of the City's Risk Management program; 3) oversees employee benefits programs; 4) management assistance relating to general services and/or special projects, which may involve analyzing ways .of reducing City costs or enhancing City revenues; 6) representing the City as part of the Negotiating team in collective bargaining and 6) representing the City on the Ij Joint Powers Authority or other intergovernmental organizations. REPORTS TO: City Manager or his/her designee ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and j assigned.. Personnel Confer with City management regarding personnel; affirmative action, or employee relations activities or problems. Under the direction of the City Manager or his/her designee, assist in the implementation of City's affirmative action plan; develop comprehensive. classification and compensation and benefits program; develop programs of employee training and development. Assist in recruitment and selection activities for regular and temporary City staff; interprets city policies and procedures to employees; explain benefit plans and provisions to employees; process changes in employee and/or dependent :status to benefit plans; orient new employees to City policies, procedures, and benefits. n 985 Assist the. City's Employee Relations/Labor Attorney, and/or Department Directors in the conducting of internal investigations related to employee grievance complaints or discipline and recommend courses of action. Monitor developments and legislation related to personnel and risk management matters; evaluate their impact upon City operations and recommend policy and procedural improvements: Represent the City as part of the Negotiating . team in collective bargaining. Act as the City's Employee Relations Officer for specific duties delegated by the City Manager. Develop proposals and counterproposals for collective bargaining. Assist Department Directors in the evaluation process for employees under their supervision. Insurance Plan, develop, coordinate, and manage the City's Risk Management Program. Develop systems, procedures, policies, and programs to reduce risk - exposure. Manage self insurance plans, including general liability, unemployment insurance, workers'compensation, and short-term disability; provide for financial .payment of expensesand claims, oversee independent consultants. Serve as the City's ADA Coordinator. Recommend procedures to conform with CAL/OSHA requirements; advise departments on loss control and liability areas; evaluate effectiveness of programs. and procedures, Inspect City facilities and initiate corrective actions to ensure safe working conditions; maintain liaison with City's legal representatives. Emn/oYee Benefits Provide benefit program orientations for employees during enrollment periods; manage the processing of individual employee benefit claims and problems; provide information concerning benefits and retirement to j employees. Identify areas of risk and develop alternatives for providing ..maximum .coverage at most efficient cost; analyze and interpret financial reports and insurance .statistics; prepare proposals and specifications for the purchase of insurance and other risk -related services. Prepare special reports and perform periodic reviews of City health benefit plans, workers compensation plans, general liability plans to determine the most effective and adequate coverage. Perform related duties as determined appropriate and assigned by the City Manager or his/her designee. MINIMUM TRAINING AND EXPERIENCE A Bachelors degree or equivalent from an accredited college or university with major course work in business administration, human resources, public administration or a. related field; five years experience in various areas of personnel, risk management or general government administration; or any equivalent N 286 combination of training and :experience which provides the required skills, knowledge and abilities. Required Licenses and .Certification Requires a valid Class C California Drivers License KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of. Public agency administration; Principles and practices of governmental budgeting and- finance administration; General laws and regulations regarding budgeting for municipalities; Principles and practices of administration, supervision and training, City organization, operation, policies and objectives; . Applicable city, state and federal laws and regulations; Principles and techniques of recruitment, selection, employee relations, labor relations; risk management, loss control and employee health and safety. programs; Administrative principles and practices, including goal setting, program and budget development and implementation and employee evaluation and supervision; Human resources principals including labor laws and risk management principles including injury . prevention, administration of workers compensation benefits and employee return to duty programs. Physical Requirements: Ability to operate a variety of automated office machines including an adding machine, copier, computer, typewriter and fax.machine; Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks Including data entry; Ability to exert light physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Supervisodal Responsibirmies: Ability to assign, review, plan, and coordinate the work of.other employees; Ability to provide instruction and guidance to staff; and promote staff development and motivation; and analyze problems that arise in the areas under supervision and recommend solutions; Ability to recommend the discipline or discharge of staff, approve transfers or promotion of employees; . n. 281 i Ability to assess the work of employees and write performance appraisals. Mathemedca/ Abl/ity: Ability to add, subtract, multiply and divide; Ability to calculate and apply formulas using variables. Judgment and Situational Reasoning Ability: Ability to apply sound principles of record keeping; Ability to apply principles of.supervision; Ability to use independent sound judgment in periodically non -routine situations, such as evaluating financial and other data and programs and providing recommendations for improvements; Ability to apply sound .principles of labor relations, including contract. negotiations. Language. Ability and Interpersonal Communication: Ability to comprehend and correctly use a variety of informational documents including logs, ledgers, and financial records; Ability to prepare. financial statements, reports and other written materials using prescribed format and conforming to all rules of punctuation, .grammar, diction and style;. Ability to comprehend a variety of reference books and manuals including policy manual, Employee Handbook and ordinances, and computer manuals; Ability to communicate effectively with staff, .coworkers, City Manager and members of. the City Council, members of the public, and other City Personnel verbally and in writing.. i Environments/ Adaptability: Ability to work in an office environment., E uints is an Equal Opportunity Employer. In compliance with.the Disabilities Act, La Quinta will provide reasonable accommodations iduals.with disabilities and encourages both prospective employees to discuss potential accommodations with the employer.. JULY 2011 s. 288 THE CITY OFLA QUINTA MARKETINGIECONOMIC DEVELOPMENT MANAGED GENERAL STATEMENT OF JOB Under limited supervision, performs a wide variety of responsible and complex administrative and analytical duties, including but not limited to, evaluation and analysis of marketing and economic development issues; preparation and presentation of staff reports and analysis; project development and support; provides information and assistance to the public regarding assigned programs and services; serves as the City's Public Information Officer; oversees and coordinates the execution of marketing and development projects from conception to completion; advises Council and/or Redevelopment Agency concerning marketing activities, project planning, development, scheduling, parcel and building design, implementation strategies, contract preparation and supervision. Performs related work as required. REPORTS TO: City Manager, Assistant City Manager or Department ;Director. ESSENTIAL FUNCTIONS The fol%wing duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be. required and assigned. • Participates in special projects including complex research of new programs' and services, budget analysis and preparation, legislative and feasibility analyses; prepares and presents reports; • Prepares comprehensive technical records and analytical reports pertaining to economic development, marketing, and other assigned areas; conducts research and comprehensive data collection efforts to support analysis; • Performs administrative work in planning, analysis, and implementation of specific economic development projects; • Prepares and monitors economic development project schedules and budgets, and oversees and coordinates the implementation of the project through completion; • Assists in preparation of the City's Economic Development Plan; prepares marketing and promotional materials in support of City's economic development efforts; assists in negotiating. economic development agreements; • Prepares project; pro forma or issues analysis utilizing analytical, quantitative and intuitive skills; + ' Collects, compiles, and analyzes complex information from various sources related to assigned programs; prepares reports which present and interpret date, and.identifies alternatives; ensures compliance with 2gg_ City of Le Quinte: Marketing/Economic Development Manager local, State and Federal regulations; assists in review of new state and federal legislation; makes and justifies recommendations; • Coordinates and collaborates with departments,, divisions and outside agencies; • Serves as liaison between project team, city departments, outside public agencies, Chamber of Commerce, and the community to promote and facilitate planning and execution of development projects; provides information and serves.as a resource; • Serves on a variety of committees as assigned; prepares and presents staff reports to the .Council and other Boards and Commissions; • Prepares and coordinates the preparation and/or review of written materials on projects including, but not limited to, marketing plans, development agreements, leases, maps, progress reports,. and agenda items; • Directs, reviews, and evaluates work of third -party contractors, including, but not limited to, design firms, marketing firms, landscape. designers, architects, and economic development analysts; • May represent and/or assist the City Manager in presentations before the City Council,Boards, Commissions, and the public; • May represent the City Manager in negotiating and conferring with consultants and/or with person(s) involved in contract execution; + Coordinates economic development activity relative to marketing programs, public information, economic data compilation and evaluation, and establishment of programs to meet City objectives and policies; j • Performs supervisory duties including assigning, reviewing and planning work and writing performance evaluations for assigned subordinate personnel in City Manager's Office; • Performs various related essential duties as required. MINIMUM TRAINING AND EXPERIENCE A Bachelors degree with major course work in public administration, business administration or a closely related field and three years experience in various areas of marketing, general government administration, management, or economic development: Reguued Licenses and Certification Requires a valid Class C California Drivers License. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledgeof. • principles of marketing and promotions; + principles and practices of public administration, including goal setting, program and budget development and implementation; • methods of research, program analysis, and report preparation; 290 City of Le Quints! Marksting/Economic Development Manager • principles and procedures of financial and statistical record keeping and reporting; • modem office procedures, methods and computer equipment; • basic economic development practices and policies; • negotiating skills and practices; • Human Resources/risk management practices and procedures; • customer service principals and practices; • pertinent Federal, State and local laws, codes and regulations. Physical Requirements: • Ability. to operate a variety of automated office machines including an adding machine, copier, personal computer, typewriter and fax machine; • Ability to coordinate eyes, hands,and fingers in performing semi -skilled tasks including word processing; • Ability to exert negligible physical effortin sedentary to light work involving sitting most of the time, but may involve walking or moving from one, area of the office to another, and standing for brief periods of time; Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Supervisonal Responsibilities: • Ability to assign, review; plan and coordinate the work of other employees; • Ability to provide Instruction and guidance to staff; and promote staff development and. motivation; and analyze problems that arise in the areas under supervision and recommend solutions; • Ability to recommend the discipline or discharge of staff, approve transfers or promotion of employees; • Ability to assess the work of employees and write performance appraisals. Mathematical Ability: • Ability to add, subtract, multiply and divide; • Ability to compute and use fractions and decimals. Judgment and Situational Reasoning Ability: • Ability to apply principles of synthesis functions in assisting In the development of long and short range plans; • Ability to use independent judgment under public scrutiny or on short notice such as when making public presentations or responding to media or public inquiries; • Ability to apply principals of influence. systems such as, supervising;. . • Ability to use independent judgment in fairly non -routine situations, such as recognizing scope of authority and maintaining confidentiality when necessary; 291 City of La Quints: Marketing/Economic Development Manager • Ability to use independent judgment under pressure during negotiations. Language Ability and Interpersonal Communication. • Ability to comprehend and correctly use a variety of informational documents including City and department rules, laws and policies, messages, reports, and meeting minutes; • Ability to prepare letters of correspondence, memos, transmittals, forms, and reports using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • . Ability to comprehend a variety of reference books and manuals Including dictionaty,,computer software manuals and phone directory; • Ability to.communicate effectively; both in writing and orally; • Ability to maintain effective working relationships with officials, coworkers, supervisor, members of the public, and.other City . personnel verbally and in writing. Environmental Adaptability. • Ability to work independently; f • Ability to work in an office environment. ' abduQdma a Dept Requests FY2011fz012 - Footnote Celetrty Soap Box 00" (p mium Imldwo . Coemese VAky Re we MY:slon DeedtChew Colnoum lrBODIUM RDersbeColatb OOb FesOvel . n..�..u,a V.er. C.wwwL. De,h,aahin COnStlghcy . Palm Sp ngs CulDual Center Le Qdrrla IUW Sor110115oOSAsra . Soropton" Grant - Odrer Yatule Gnurt Case For Rhewsbe Carob Ina Palm Desert WitteSdWol SYOIro Rwomy Center . . La QueBa{Ogh Sawd Bisddrewks 6r181 SemelOaro Spw . Ad ForMB La Q0Y0a High Sdwa Ghls "Campwb Group Assoc hb Callum Theaeb Rand) Recovery Centers, Inc. Sddere Organized SeMoec' Keeping Marub Safe CveryVay . LACome Hgh$shod . Frentdn, SerVtamm Elea wbry Tcd3PorTOmorrewlnc (2) (4) Attachment 3 Thloullh 13dw-11 Actual T AMpebd FY 10M1.. AcNell FY10M1 Corn~ Commb 4.600 zoos - 2005 50,000 0 50,000 50,OOD 50,000 50.000 - 0 50,000 10.000 10,000 0 10.000 6,000 . - 6.000 0 d,o00 50,000 $0,000 0- 60.000 9,600 1,000 5.026 2,700 1,000 2,500 1,000 1,000 5.000 2.000 1.000 2,000 1,000 1.000 1,000 1,000 2.000 Z500 2.000 5.000 5,000 3,500 1,000 6,025 Z700 1.000. 2,500 1,000 1,000 5,000 2;000 1,000 Y,00D 1,000 1,000 1,000 1,000 2,000 2.500 2,OD0 5,000 3,600 1,000 5.025 2.700 1,0w 2,600 1,000 1,000 5.000 2,0o0 1.000 z,000 1,000 1,000 1.000 1.000 2.000 2,500 2,000 5.000 ... 5.0w - 12,000 4.000 0 0 10,000 5.000 50,000 89,800 5,026 Connote LAOrtrrtaChemberdCwuneroe 150,000 150,000 0 160.000 - 150,000 . Bob Hope Chbafer Classic ' 0- 100.000 100.000 0 Le Quirts Arts Foundation -FadOb Rent 20,E00 - 20,000 0 20.800 MAN Conummof Plonle 3.000 2,598 - - Z598 - -K384 3,000 . . Says &Ghts CND - FacDlty Use $4,384 54,384 0 70.000' - YMCA Fritz B"Pool Contract 32,000 22,961 9,039 32,000 28,000 Deport Resents CamentiOn Vhfivrs AuOwtb' 120,500 125.250 - 125.250 135,000 Medmeng Savloss 600,000 408.330 91,064 600.000 450.000 DeseR Raeate Purport 15000 1$000 1 16000,- -18000- - Subblal ,884 909,329 100703 1,010032' 1z O Old Town Artisan&WIo 10,000 0 10,000 10,000 0 16,000 . - La Qdnt9 Hwarosl Sodom, La Quin Ads Famdatiar-Ads Fadval' 0 125,000 0 14000 0. 0 0 125,000 0 i25,000 1,140 125,000 136, 125,000 10,000 MOOD 125,000 141,140- Sublow ' TOtel T 10 �{ 1334 16070.T 1 7 1 71 177140 Nola 1- Requestswit be waled oust Into FY 2011/2012 Ndb2-Thelde mquaetblalsdmmysarsof$W,000ofwmtYMonb S12.0001n FY2011/2012 . Nots 3-Aewuntoanndlled Of =ADD npesen4 rent olC0yllacOndutng the festival . Note 4-$5.000 sbwted for Ore Air ShowMrd$10.000.Wocatedpor membership ._ N 293 Attachment 4 Ms. Edie Hylton, Director May 25, 2011 Department of Community Services CityefLaQuitta P. O. Box 1504 La Quinn, California 92247-1504 Deal Ms. Hylton: LA nr RLIA IRSTORUC.A1 SOC'1M - REOUFNT TO WAIVE EMS Tim IA Quints Historical Society, a non-profit group dedicated to the preservation of the rich cultural history of the City of La Quinta, is requesting that the City waive fees for two fond raising events over the nest fiscal yeas The events will support the society's goals for educational programming in the community to share the history of the City, pa ogr�ing to support exhibits mounted in. the La Quinia Museum relative to the City, completing acquisitions that enhance cd bits and supporting our historical plaque recognition program: The two events the society is considering this year are• November 10, 2011, an event coordinated with a tour of the historic sites in the City conmumorated with new plaques and. the newly completed site map prepared by the Historic Preservation Commission. The event will be appnnely 6 hours total duration and the fee would be $570 basedmverrent rental rates for the dowastaks and kitchen of the Museum. February 25, 2012, an event to commemorate the Thirtieth Birthday of the City off Qumts. Again the event would require rental of the Museum and kitchen for a totarof6 hours for a fee of $570. The Society is requesting waiver of the fees with the understanding that the terms of the rental would require the Society being responsible for insurance, cleaning and any security costs that may still be necessary for the event. The Society would also be required to supply a refundable $500 security deposit at the time the rental agreement is submitted for each event. Thank you in advance for your attention to this request and, should any further information be required plevip do not hesitate to call. V Truly Yours, t Williams, President La Historical Society " 294 Vktvry Gland President Doug Forsbdg Vice Praund Greg SOBS Txasitrer 11�r.�ou Le Pierre Secref�y SOMA 3r4bjq Director, .iata¢�eLit7kfeum Dimdor Julia Burt Director May 12, 2011 Don Adolph, Mayor City of La Quinta 78-495 Calle Tampico La Quints, CA 92253 Dear Mayor Adolph, On behalf of the Old Town Artisan Studio, our Board -of Directors, and hundreds of local artisans, I would. lice to express out appreciation for the opportunity to submit our finding proposal to the City. We would like to respectfully request finding in the amount of $15,000 to match privately donated funds The requested funding would allow the Studio to continue to expand outreach work with the community.: As this request may be larger than the normal gait finds allotted, we are bringing this for consideration at budget pig time. Please feel five to contact me directly to answer any questions or to provide additional information to the staffor Council. Best regards, Dave Isom Executive Director (760) 399-0950 Cell (760) 777-1444 Studio daveeisonQmsn.com W OLD TOWN ARTISAN STUDIO 78.100 Main Street, Suite 104. • La Qu,inta, CA 92253 a 760.777-1444 295 OLD TOWN ARTISAN STUDIO With only two years of operations under our belt the Old Town Artisan Studio has firmly established itself as a key asset to the City of La Quints and Old Town, in particular. On a daily basis, our footprint continues to grow within our home city, the eastern Coachella Valley non-profit world; and the Valley arts community. The mission of the Studio sets us apart as. a unique experience for local .citizens to enjoy. Crated to provide a high quality.ciay arts program for artists of all ages, incomes, and levels of skill, the studio continues to strive to create new opportunities for a growing constituency. Recognizing the therapeutic value of a socially interactive, creative, hands-on artistic endeavor, we offer our programs to other La Quints and Coachella Valley charities on a non - fee basis. As you are aware, we also serve the public with a variety of fee based programs that add to the fun, creative and exciting atmosphere of the Studio. These revenue generating classes are designed to support our non -fee based programs and our operating expenses. Thanks to the 20102011 FY grant from the. City and a growing base of generous donors, we have beenable to increase the number of classes offered and citizens served. Each week, we are blessed to be able to serve such groups as the Gerald R. Ford Branch of the Boys & Girls Club of Coachella Valley, Big Brothers 019 Sisters, the Y, Desert Arc, La Quints High School mainstreamed impaired students, senior groups, cancer survivors, Alzheimer patients, Girls Scouts, and others. Although we know the exact amount of money expended on these programs, the true value is immeasurable. We cannot place a price on the smile of an artist, be they 8 or 80, a novice or lifelong artist, when they complete their piece of art. The value of the artistic expression and Its contribution to the fabric of the community is something we cherish. Having seen first-hand, the impact on the self esteem of a special needs teen, the amazing Interaction between youth and seniors in our °Bridging the Gap" program, watching the ekcitement of our Youth Advisory Board as they plan for the future of 'art in the youth community, we have focused increased energies on providing as many programs as funds aloes. - .-" 296 We can report that one hundred percent of the grant received from the City of La Quints sent directly into our restricted charitable organization account to be used specifically to cover hard costs for our non -fee based. classes. We respectfully ask the City of La Quints to match funds donated specifically for our community outreach program. As we continue to nurture the relationships with our many constituencies, support from the city would allow.us to increase the number of classes offered and citizens served. During the past year, our Board and staff have worked diligently to grow our budget. Our efforts have allowed the Studio to become stable financially. We continue to draw people .from all over the Valley, state, and country to Old Town. On any given day, you might run into artists from La Quints or Canada or New York, enjoying the creative experiences available at the Studio. Our clients enjoy shopping, dining, sipping on a latte, and creating memories. Our business associated tell us how much they appreciate our contributions to the 'feet and vibe° of Old Town. We are excited about where we grow and go from this point forward. Our Board hag expanded by three, we successfully completed multiple fund raising events, created our "Circle of Friends" program; expanded the number of artisan and patron members, { and secured grant funding from multiple sources. We are about to begin a series of classes 1 for residents of the Coachella Valley Rescue Mission and are hoping to create programs for the Court Appointed Special. Advocates (CASA) .clients.. We are fielding requests from a variety of other sources and a continued partnership with the City would allow that to happen sooner than later. Currently, Old 'town Artisan Studio conducts almost 200 non fee student class experiences j per.month. To. help us expand that number, we respectfully ask the City for a.Grant in the amount of S15,000 to match necsrwy donated funds. We believe that we can increase. the number of student dais opportunities by another 30percent With the cutting of so many art Programswithln the local school districts, it is even more important that the Studio continue to d0br.artexperfences for youth. Thank you.for your consideration of our request. We look forward to an opportunity to discuss this with you. Dave tson Executive Director' Old Town Artlsan Studio — 78100 Main Street, Suite 104 le Quints, CA 9M — (760) 777-1444 . iwww.0idTownArtisonStudio.org - i 297 A • • April 14, 2011 r c m- o Mr. Thomas P. Genovese, City Manager City of La Quints e c P. O. Box 1504 La Quints, CA 92247 a A R T S ti Re: ` 2011-12 Application for Contract Services Agreement. Dear Tom, May this serve as La Quints Arts Foundation's formal request for the City's consideration of a 2011112 Contract Services Agreement in the amount of $125,000 for production and promotion of Le Quints Arts Foundation and the City of La Quinta's 30' anniversary season of activities as follows:_ e 30 h La Quints Arts Festival, scheduled March 8-11, 2012 e Art. Under the Umbrellas at Old Town La Quints — Total of 8 dates e 5°i Le Quints Blues & Brews —November 19, 2011 Due to accelerated budget schedules we have not had the opportunity to fully investigate, plan and commit to a schedule ofevents with our Board of Director's approval. However, We anticipate a schedule similar to FY 2010/11, and we look forward to partnering with the City of La Quints and others to.appropriately commemorate our respective anniversaries. The economic climate, along with certain logistic issues continues to present challenges which LQAF has addressed by committing additional manpower and Foundation resources for all LQAF programs. LQAF increased 2010/11 marketing .expenditures for Art Under the Umbrellas by 41 % as well as incurring a 21% increase in production costs including event amenities; music, traffic control, signage, and Old Town stipend. La QuIrda Blues & Brews saw an 28% Increase in marketing ,effort, and increased costs of 18% for, security, sheriff, traffic plarilnstsliation and rentals for the enhanced site layout La Quints Arts Festival's most significant unanticipated impact was a 72% increase in cost for police services, plus 28% increased traffic control costs as a result of their revised.traffic routing. Rentals, permits, private security, logistics and on -site maintenance have all felt Ina -eases. Recognizing it is taking more to motivate patrons to part with their resources on non -essential activities and discretionary items like art, we were compelled to significantly Increase La Quints Arts Festival marketing budgets over 26% in an effort to reach new audiences and increase awareness. F% (1q %4-1244 Fax {7q 564.6M , www LW.com I 7815Q Cab Tampko, Suite 215, La QWnta, CA 92253 29g We were grateful to have received the restroom and sanitation facilities and waste collection and disposal equipment gratis from Buntec this year to correct over -charges for the many past years in violation of the franchise agreement with the City. As we understand, recycling and waste collection costs will continue to be included at no cost for LQAF events. Patron parking for La Quinta.Arts Festival continues to be at the top of the list heeding long term solution. Parking options continue to be eliminated, remain the source of most complaints from the community, and we expend extensive effort and expense to secure panting from 9 property owners; insure and stabilize the properties, and communicate the various options to the festival attendee. With reduced work force on Friday's at City Hall, perhaps utilizing some parking in the City lot on LaFonda may be investigated., Understanding the adverse eoonomy poseson-going challenges for all, LQAF has been very proactive in taking measures to best leverage assets and maintain a premium quality of service to the community. To address the impact of escalating costs, we have undergone strict economizing with a zero -based budget, we have cultivated volunteer labor, formed new mutually beneficial partnerships, and attempted to reach and engage new supporters in order to keep the cost of our activities affordable and avoid requesting an increase in our Contract for Services. As indicated in our follow up report, these efforts bore fnrii with increased attendance and higher art sakes, and positive recognition for the City of La Quints and La Quinta Arts Foundation. In partnership with the City and in particular La Quinta's Community Services Department, and local business partners, La Quinta Arts Foundation is grateful and proud to have developed and collaborated on activities so widely embraced by the community and beyond. We look forward to continuing to bring programs for the benefit of the residents, merchants and visitors to the City of La Quinta. Sincerely,. cwwaty ��f� Christi Selamone Executive Director V. Mayor Don Adolph Council Members Evans, Franklin, Henderson, Sniff Edie Hylton, Community. Services Director i �P ot MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager..(% DATE: June 21, 2011 SUBJECT: La Quinta Chamber of Commerce tease Agreement Attached you will find a copy of a memorandum provided to staff by the. La. Quinta Chamber of Commerce regarding the Lease Agreement by and between the City of La Quinta and the La Quinta Chamber of Commerce commencing December 1, 2011 and terminating on November 30, 2014. Attachment i i MEMORANDUM To: Lee Osborne From: Thomas L McDermott Date: February 21, 2011 Re: LQCC - Lease Agreement I have reviewed the Lease Agreement (the "Agreement') between the City of La Quinta and the La Quints, Chamber of Commerce and have the following changes. 1. The Lease Agreement shall be for a term commencing on December 1, 2011 and terminating on November 30, 2014. 2. Paragraph 6 shall be amended as follows: "Beginning on December 1, 2011, and continuing throughout the Term, Tenant shall pay to Landlord yearly rent for use of the Premises in the amount of One Dollar ($1.00). Such One Dollar ($1.00) payment shall be made on December 1, I of each year of the Term. In addition to said One Dollar ($1.00) payment, Tenant shall also pay Landlord a flat monthly rate equally to Three Hundred Dollars j ($300.00) for gas, water and electric utility charges. Tenant shall be responsible to pay all other utilities for the premises directly to the utility provider of such service. All payments made under this Section shall be hereinafter refeaed to as "Rent" and shall be paid by Tenant in advance on the first (18) day of December of each year or, in the case of utilities, on.the first (P) day of each month without notice or demand from Landlord at Landlord's address as provided by Section 24 below." TZwjI cc:.David Archer :a 3�2 Attachment 5 June 21, 2011 Staff Outline for Fiscal Year 2011 /2012 Preliminary Budget City Manager - 5 minutes • Summary of Financial Condition • Summary of Preliminary Budget • Summary of Revenues T. Expenditures 2. Review Items Listed on Transmittal Letter i Finance Director - 15 minutes j j i • B-1 -. Present Organizational Chart • B-9 Review of community profile which compares changes in the categories listed. B-1 - Present General Fund Revenue Pie Chart which shows percentages. Mention that Pages D-1 through D-5 graph major revenue items and we are prepared to go over them if requested. • B-6 - Present General Fund Operating Expenditure's Pie Chart - not net of reimbursement. This indicates in what areas the City is directing its efforts. • 675 - Present City, RDA, Financing and Housing Authority expenditures by component - this is how each dollar of total expenditures is broken down. • C-1 Review of the Budget Summary by Fund which brings together the. financial activities of all the City, RDA and Financing Authority Funds. 303 aty of. La Quints FY 2011=2 - Major Highlights staff Resources: Reduced Funding for a Assistant City Manager Reduced Funding for a Assistant City Manager Reduced Funding for a Management Assistant Reduced Funding for a Deputy City Clark Reduced Funding for a Senior Account Clerk Reduced Funding for a Special Project Assistant Reduced Funding for a Building 6 Safety Manager Reduced Funding for a Senior Building Inspector Reduced Funding for an Associate Engineer Reduced Funding for a Maintenance Worker II. Capital Spending S Major Projects - - Dune Palms Road Bridge Improvements Coral Mountain Apartments Fred Weringftlm Royale Island Median Improve Hwy 111 & Washington St Intersection Improvements Village land Acquisition Washington St Dual Left at Ave 48 - Tffift Signal - Eisenhower Dr and Sinaloa REVENUES . AO Funds Anticipated Fund Sources Three Major Fund revenues: General Fund ROA PA#1 Debt Service 1 . RDA PA#1 Debt Service 2 General Fund Anticipated Funding Sources (A) Major Sources of General Fund Revenues Selea Intagovemmental Hotal Room Tax EXPENDITURES All Funds Anticipated Uses Three Major Fund Expenditures: Capital Projects RDA PA 1 Debt Service Fund . RDAPA2 DabtSwvlceFurtd General Fund Anticipated 6gremlih es (B) SurpWDeBdt) (A)-(B). Attachment 6 13Jun-11 DePartmen t City Manager - Development Sam= City Manager - Management Services - Management Servlfffi City Clark Finance Building -Administration Building Building - Public Works - Development Services PublicWorks - Maintenance 8 Operations FY 2010/2011 .. Chanoe Y 2011=12 19,891294 $ 6,267,50 $ 13,423,796 12,408.000 5,037,754 1,115.240 513,300 $ 3,900,0W - $ 445,018 $ 430,ODD 124A7,077 $123,008.321 - $ 1,288,756 131,424,168 $33,998,738 $ (2;574,570) R35,212,600 1$39,648,800 $ (4,436,200) 619,202,124 $ 22,293,800 $ (3,091-,876) _ 40,11R.312 $40,141,732 $ - _ 545,5$0, 18.10% 19.52% -1.42% 28A3% 2729% 1.14% 15.12% 12.50% 2.62% 64,=,715 $149,672,832 $ - . 4,977,8811 20,196,294L40,141,584 $ 13,145,282 39,843,422 $ (4,334,10D) 21,007,692 $- (9,OW,570) 40,687,312 $ -' 545,728$0 148 A 1 1 Alil71virlm 1 0 City of La Quints Resource Allocation Plan Revenue/Expenditure Summary Five Year Forecast June 25, 2011 Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 Operations Expenditures 40,053,127 41,537,210 44,178,470 46,686,228 48,036,074 49,947.657 TOTAL OPERATIONS EXP 40,053,127 ' 41,537,210 44,178,470 45,686,228 48,036,074 49,947,657 Less: General Fund Revenues 31,424,168 31,591,327 32,763,181 33,679,885 34,627,039 35,606,741 Sub -Total Variance 8,628.959 (9,945,883) 11,415,289 (12,006,343) 13,409,035 14,340,916 Less: Reimbursements Gas Tax Fund Lighting & Landscaping Civic Center Developer Impact Fee Capital Improvement Fund Library&Museum Fund AB 939 RDA Reimbursements to General Fund 994,900 1,002,996 202,056 341,827 1,776,094 71,580 1,626,761 994,900 1,002,996 202,056 0 1,745,847 71,580 1,626,761 994,900 1,002.996 202,056 0 1,780,700 71,580 1,626,761 1.019,773 1,028,071 202,056 0 1,834,100 71,580 1,626,761 1,045,267 1,053,773 202,056 0 1,889,200 71,580 1,626,761 1,071,399 1,080,117 202,056 0 1.945,800 71,580 1,626,761 Total Reimbursements 6,016,214 5,644, 140 5,678,993 5,782,341 5,888,637 5,997.713 Transfers In CDBG Indian Gaming COPS & JAG Grants Total 30,000 105,844 0 30,000 0 0 30,000 0 0 30,000 0 0 30,000 0 30,000 0 0 136,844 30,000 30,000 30,000 30,000 30,000 Transfers Out Police/Fire Capital Projects Agreements Total 2,000 128,325 505,000 2,000 0 355,000 2,000 0 325,000 2,000 0 325,000 2,000 0 325,000 2,000 0 325,000 635,325 357,000 327,000 327,000 327,000 327,000 Application of reserves 3,112,226 0 0 0 0 0 TOTAL VARIANCE (0) (4,628,743) (6,033,296) (6,521,002) (7,817,398) (8,640,203) .11 306 City of Le Qulnta Resource Allocation plan Revenue Summary Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 TAXES Property Tax 1.764,800 1,764,800 1,764,SD0 1,808.900 1,854.100 1.900,500 No Low Property Tax Distribution 3.922.500 3.922,500 3,922.500 4.020.600 4,121,100 4,224.100 Property Tax -Statutory Payment 270,000 270,000 270,000 276,800 283.700 290,800 Document Transfer Tax 441.500 441,500 441.500 452,500 463,800 475,400 Sales Tax 5,352,000 5,352,000 5.352,000 5,485,800 5.622,900 5,763,S00 Sales Tax Reimbursement 1,7S4,000 1,784,000 1,784,000 1.828.600 1,874,300 1,921,200 Transient Occupancy Tax 4,751.000 4,751,000 4,751,000 4,869,800 4,991,500 5,116,300 Franchise Tax 1.457,730 1,457,730 1,457,730 1,494,130 1,531,530 1.569,830 19,743.530 19,743,530 19,743.530 20,237,130 20.742,930 21,261,630 TOTAL TAXES LICENSE a PERMITS Business License 298,400 298,400 298.400 305.900 313,500 321,300 Animal License 32,300 32,3DD 32,300 33.100 33,900 34,700 Building Permits 188,300 188.300 188,300 193.000 197,BD0 202,700 Plumbing Permits 24,800 24,800 24,800 25,400 26.000 26,700 Electrical Permits 24,400 24,400 24,40D 25,000 25,600 26,200 Mechanical Permits 25,2D0 25.200 25,20D 25,800 26,400 27,100 Garage sale permits 16.100 16,100 16.100 16,500 16,900 17,300 Misc. Permits 39.900 1 39,900 1 39.900 40,9D0 1 41,900 42,900 649,400 649.400 649,400 665.600 682,000 698.900 TOTAL LICENSES a PERMITS FEES General Government Fees 1,885 1.885 1,885 1,885 1.885 1,885 Community Services Fees 389,360 389,360 389,360 389,360 389,360 389,360 Finance fees 7.600 7,800 7,800 7.800 7,800 7,BD0 Bldg S Safety Fees 240,560 240,560 240,560 240,560 240,560 240.560 Community Development Fees 55.800 55,800 55,800 55.800 55.800 56,800 Public Works Fees 200,055 200,055 2D0,055 205,055 210.155 215,455 895.460 895.460 S95,460 900,460 905,560 910,860 TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,315,000 3,315.000 3,315,000 3,397,900 3.482,800 3,569,900 Off Hwy Vehicle License Motor Vehicle Code Fines 0 112.900 0 112,9D0 0 112,900 0 112,900 0 112,900 0 112,900 Parking Violations Misc Fines 42,900 151,400 42,900 151,400 42,900 151,400 42,900 151,40D 42.900 151,400 42,900 151,400 CSA152 253,000 253,000 253,ODD 253,011)0 253,000 253,000 CVWD 16,800 16,800 16,8D0 16.800 16,800 16,800 Federal Grams 12.900 0 0 0 0 0 State Grams 0 0 0 0 0 0 County Grams County Fire Service Credit- Operations TOTAL INTERGOVERNMENTAL 0 5.028,178 0 5.208,237 0 1 6,380,091 0 6,699,095 0 1 7,034.049 0 7,385,751 8,933,078 9.100.237 10.272.091 10,673,995 1 11,093,849 11,532,651 INTEREST 1,043.900 1,043,900 1,043,900 1,043,900 1,043,900 1,D43,900 MISCELLANEOUS 158,800 158,800 158,80D 158,800 158,800 158,800 TOTAL GENERAL FUND 31,424,168 31,591,327 32,763,181 33,679,885 34,627,039 35,606,741 Summery of General Fund Revenues TAXES LICENSE S PERMITS FEES INTERGOVERNMENTAL INTEREST MISCELLANEOUS TOTAL GENERAL FUND 19,743,530 649,400 895,460 8,933,076 1,043,900 158,800 19,743,530 649.400 895,460 9,100,237 1,043,900 158,800 19,743,530 649,400 895,460 10,272,091 1,043,9D0 158,800 20,237,130 665,600 900,460 10,673,995 1,043,9D0 158.800 20,742,930 682.000 905,560 11,093,849 1,043,900 158,800 21,261,630. 698,9D0 910.860 11,532,651 1,043.900 158,800 31,424,168 31,591,327 32,763,181 33,679,885 34,627,039 35,606,741 City of La Quinta Resource Allocation Plan Operations Expense Summary By Program Five Year Forecast Approved Five Year Estimate -To 11- 22 2012-13 2013-14 2014-15 2015-16 2016-17 GENERAL GOVERNMENT: LEGISLATIVE CITY MANAGER'S OFFICE 830,989 492,411 844,700 501,263 868,100 505,100 892,300 511,000 917,400 526,300 943,400 542,100 DEVELOPMENT SERVICES 1,528,752 1.561,446 1,584,000 1,618,500 1,667.100 1.717,200 MANAGEMENT SERVICES 2,065,677 2:092,438 2,107,800 2.131.200 2,195.100 2,261.000 4,917,829 4,999,847 5,D65,000 5,153,000 5,305,900 5,483,700 TOTAL GENERAL GOVERNMENT CITY CLERK 574.071 593,819 599.100 607,300 625,500 644,300 COMMUNITY SERVICES PARKS& RECREATION ADMIN 96B,522 1.003,064 1,015,600 1,034.900 1,065,900 1,097.800 SENIOR CENTER 422,560 427,900 433,300 441,500 454,800 468,400 RECREATION PROGRAMS 209,820 214,707 217,400 221,500 228,200 235,000 LIBRARY PARK MAINTENANCE 1,422,696 1,077.556 1,464,433 1.096.700 1,493,700 1,116,200 1.538,500 1,146,000 1.584,700 1,180,400 1,632,200 1,215.900 MUSEUM OTAL COMMUNITY SERVICES 270,758 281,414 287.000 295,600 304,500 313,600 4,371,912 4,488,216 4.563.200 4,678.000 4,818,500 4,962,900 FINANCE: FISCAL SERVICES 974.738 1,004,669 1,013,300 1.026,600 1,057,400 1,089.100 CENTRAL SERVICES 340,191 387.151 394,900 406,700 418,900 431,500 1,314,929 1,391,720 1,408,200 1,433.300 1,476,300 1,520,600 TOTAL FINANCE BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 282.327 291,623 293.800 297,200 306,200 315,400 BUILDING 553,689 581,987 587,400 595,700 613,600 632,100 CODE COMPLIANCE 1,069,895 1,146,507 1,157.700 1,174,800 1,210,000 1,246,400 ANIMAL CONTROL 459,697 501,154 507,300 516.700 532.200 548,200 CIVIC CENTER BUILDING-OPER 1,2D4,194 1,226,000 1,248,300 1.282.400 1.320,900 1,360.600 FIRE EMERGENCY SERVICES 4.949,503 195,392 5,208,237 187.400 6.380,091 189,500 6,699.095 192.700 7.034,049 198.400 7,385,751 204,400 8,714,697 9,142.908 1D,364,091 10,758,595 11.215,349 11,692,851 TOTAL BUILDING& SAFETY POLICE POLICE TOTAL POLICE 12,712,089 13,347,694 14,506,879 15,232.233 16,536,025 17,363.006 1217121089 13,347,694 14,506,879 15.232.233 16,536,025 17,363,006 PLANNING: ADMINISTRATION PLANNING TOTAL PLANNING 654,999 557,344 659,50D 575,746 664,200 580,000 671,400 586,600 691,500 604,200 712,300 622,400 1.212,343 1,235,246 1,244.200 1,258,000 1,295,700 1,334,700 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION DEVELOPMENT SERVICES MAINVOPERATIONS- STREETS MAINT/OPERATIONS- LTGILANDSCAP ENGINEERING SERVICES TOTAL PUBLIC WORKS 579,632 603,874 1,945.933 1.533,561 1,572,357 591.923 633,651 1,972,300 1,563,792 1,576,192 597,400 639,300 1,999,100 1,593.500 1,598,500 605,800 648.100 2,040,2D0 1,638,900 1,632,800 623,900 667,500 2,101500 1,688,100 1,681.800 642,600 687,500 2,164.500 1.738,700 1,732,300 6,235,257 6,337,758 6.427,800 6.565,000 6.762,800 6,965,600 TOTAL GENERAL FUND OPERATING EXP 40,053.127 41,537,210 44,178.470 45.686.228 46.036,074 49,947,657 TRANSFERS OUT 635,325 3571000 327,000 3271000 327,000 327,000 GENERAL FUND REIMBURSEMENTS 6,016.214) (5,644.140) 5,678.993) 5,782,341 (5,888,637) (5,997,713 NET GENERAL FUND EXPENDITURES 34,672,238 36,250,070 38,826,477 40,230,887 42.474,437 44,276,944 •M.1 308 TOTAL City of La Quints Resource Allocation Plan Personnel Allocation Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 GENERAL GOVERNMENT: LEGISLATIVE 0.00 0.00 0.00 0.00 0.00 0.00 CITY MANAGER'S OFFICE 2.00 2.00 2.00 2.00 2.00 2.00 DEVELOPMENT SERVICES 5.50 5.50 5.50 5.50 5.50 5.50 MANAGEMENT SERVICES 4.50 4.50 4.50 4.50 4.50 4.50 12.00 12.00 12.00 12.00 12.00 12.00 TOTAL GENERAL GOVERNM CITY CLERK 5.00 5.00 5.00 5.00 1 5.00 5.00 COMMUNITY SERVICES COMMUNITY SERVICE - AD 5.00 5.00 5.00 5.00 5.00 5.00 SENIOR CENTER 3.00 3.00 3.00 3.00 3.00 3.00 PARKS & RECREATION PRO 1.00 1.00 1.00 1.00 1.00 1.00 PARK MAINTENANCE 1.35 1.35 1.35 1.35 1.35 1.35 SILVERROCK 0.40 0.40 0.40 0.40 0.40 0.40 MUSEUM 0.00 0.00 0.00 0.00 0.00 0.00 10.75 10.75 10.75 10.75 10.75 10.75 OTAL COMMUNITY SERVICES FINANCE: FISCAL SERVICES 8.00 8.00 8.00 8.00 8.00 8.00 CENTRAL SERVICES 0.00 0.00 0.00 0.00 0.00 0.00 8.00 8.00 8.00 8.00 8.00 8.00 TOTAL FINANCE BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 2.00 2.00 2.00 2.00 2.00 2.00 CODE COMPLIANCE 8.50 8.50 8.50 8.50 8.50 8.50 ANIMAL CONTROL 3.00 3.00 3.00 3.00 3.00 3.00 BUILDING 4.50 4.50 4.50 4.50 4.50 4.50 EMERGENCY SERVICES 1.00 1.00 1.00 1.00 1.00 1.00 CIVIC CENTER BUILDING -OP 2.00 2.00 2.00 2.00 2.00 2.00 TOTAL BUILDING & SAFETY 21.00 21.00 2.1.00 21.00 1 21.00 21.00 PLANNING: ADMINISTRATION 4.00 4.00 4.00 4.00 4.00 4.00 PLANNING 4.00 4.00 4.00 4.00 4.00 4.00 8.00 8.00 8.00 8.00 8.00 8.00 . COMMUNITY DEVELOPMENT PUBLIC WORKS: PUBLIC WORKS ADMINIST 3.00 3.00 3.00 3.00 3.00 3.00 DEVELOPMENT SERVICES 4.00 4.00 4.00 4.00 4.00 4.00 ENGINEERING SERVICES 5.50 5.50 5.50 5.50 5.50 5.50 MAINT/OPERATIONS - STREE 10.75 10.75 10.75 10.75 10.75 10.75 MAINT/OPERATIONS - LIGHT 1.00 1.00 1.00 1.00 1.00 1.00 24.25 24.25 24.25 24.25 24.25 24.25 TOTAL PUBLIC WORKS TOTAL -CITY PERSONNEL 89.00 89.00 89.00 89.00 89.00 89.00 POLICE FIRE TOTAL-CONTRACTPERSONNEL 55.00 25.00 55.00 25.00 57.00 29.00 57.00 29.00 59.00 29.00 59.00 29.00 80.00 80.00 86.00 86.00 88.00 88.00 GRAND TOTAL 1 169.00 1 169.00 1 175.00 175.00 177.00 177.00 GRAND TOTALIWITHOUT ANNEXATIO 169.00 1 169.00 L175.00 175.00 177.00 177.00 309 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 GENERAL GOVERNMENT: LEGISLATIVE Salaries 146,900 146,900 146,900 146.900 146,900 146,900 Benefits 121,440 123,900 130,100 136,600 143,400 150,600 Services & Supplies 562,649 573,900 591,100 608,800 627,100 645,900 Equipment 0 0 0 0 0 0 Total 830,989 844,700 868,100 892,300 917.400 943,400 Positions Total 0 0 0 0 0 0 a 310 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 1 2015-16 2016-17 GENERAL GOVERNMENT: CITY MANAGER Salaries 309,200 309,200 309,200 309,200 318,500 328,100 Benefits 112,530 114,800 117,100 120,600 124.200 127,900 Services & Supplies 70,681 77,263 78,800 81,200 83,600 86,100 Equipment 0 0 0 0 0 0 New Positions 0 1 0 0 0 1 0 492,411 501,263 505,100 511,000 526,300 1 542,100 - Total Positions City Manager 1 1 1 1 1 1 Executive Assistant 1 1 1 1 1 1 Total 2 2 2 2 2 2 New Salary Costs 0 0 0 0 J_ 0 N.. 311 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 GENERAL GOVERNMENT: DEVELOPMENT SERVICES Salaries 436,400 436,400 436,400 436,400 449,500 463,000 Benefits 204,010 208,100 212,300 218,700 225,300 232,100 Services & Supplies 888,342 916,946 935,300 963,400 992,300 1,022,100 Equipment 0 0 0 0 0 0 Total 1.528,752 1,561,446 1,584,000 1,618,500 1,667,100 1,717,200 Positions Economic Development Project Manager 1 1 1 1 1 1 Economic Development/Housing Manager 1 1 1 1 1 1 Interim - Management Assistant 1 1 1 1 1 1 Management Assistant 1 1 1 1 1 1 Executive Assistant 1 1 1 1 1 1 ORos Assistant 0.5 0.5 0.5 0.5 0.5 0.5 Total 5.5 5.5 5.5 5.5 5.5 5.5 312 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 GENERAL GOVERNMENT: MANAGEMENT SERVICES Salaries 1,327,869 1,327,900 1,327,900 1,327,900 '1,367,700 1,408,700 Benefits 179,920 183,500 187,200 192,800 198,600 204,600 Services & Supplies 557,888 581,038 592,700 610,500 628,800 647,700 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 2, 665,677 2,092,438 2,107,800 2,131,200 2,195,100 2,261,000 Total Positions Management Analyst 1 1 1 1 1 1 Management Assistant 1 1 1 1 1 1 Human Resources/Risk Manager 1 1 1 1 1 1 Executive Assistant 1 1 1 1 1 1 Office Assistant 0.5 0.5 0.5 0.5 0.5 0.5 Total 4.5 4.5 4.5 4.5 4.5 4.6 New Salary Costs 0 0 0 0 0 313 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 CITY CLERK CITY CLERK Salaries 326,300 326,300 326,300 326,300 336,100 346,200 Benefits 167,680 171,000 174,400 179,600 185,000 190,600 Services & Supplies 80,091 96,519 98,400 101,400 104,400 107,500 Equipment 0 0 0 0 0 0 New Positions 0 0 0 574,071 593,819 599,100 607,300 625,500 644,300 Total Positions City Clerk 1 1 1 1 1 1 Deputy City Clerk 1 1 1 1 1 1 Secretary 1 1 1 1 1 1 Office Assistant/Receptionist 1 1 1 1 1 1 Office Assistant 1 1 1 1 1 1 5 5 5 5 1 5 1 5 Total New Salary Costs 0 0 0 0 0 314 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 COMMUNITY SERVICE ADMINISTRATION Salaries 373,500 373,500 373,500 373,500 384,700 396,200 Benefits 178,690 182,300 185,900 191,500 197,200 203,100 Services 8 Supplies 416,332 447,264 456,200 469,900 484,000 498,500 Equipment 0 0 0 0 0 0 New Positions Total 968,522 1,003.064 1,015,600 1,034,900 1,065,900 1,097,800 Positions Community Services Director 1 1 1 1 1 1 Recreation Supervisor 1 1 1 1 1 1 Recreation Supervisor 0.5 0.5 0.5 0.5 0.5 0.5 Recreation Coordinator 0.5 0.5 0.5 0.5 0.5 0.5 Senior Secretary 1 1 1 1 1 1 Office Assistant 1 1 1 1 1 1 Total 5 1 5 5 5 5 5 New Salary Costs 0 0 0 0 0 315 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 COMMUNITY SERVICE SENIOR CENTER Salaries 159,300 159,300 159,300 159,300 164,100 169,000 Benefits 90,640 92,500 94,400 97,200 100,100 103,100 Services & Supplies 172,620 176,100 179,600 185,000 190,600 196,300 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 4227560 427,900 433,300 441,500 454,800 468,400 Total Positions Recreation Supervisor 1 1 1 1 1 1 Senior Ctr Activities Coord 1 1 1 1 1 1 Senior Center Assistant 1 1 1 1 1 1 Total 3 3 3 3 3 3 New Salary Costs 0 0 0 0 0 316 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 COMMUNITY SERVICE PARK & RECREATION Salaries 81,900 81,900 81,900 81,900 84,400 86,900 Benefits 33,970 34,600 35,300 36,400 37,500 38,600 Services & Supplies 93,950 98,207 100,200 103,200 106,300 109,500 Equipment 0 0 0 0 0 0 New Positions 209,820 214,707 217,400 221,500 228,200 235,000 Total Positions Recreation Supervisor 0.5 0.5 0.5 0.5 0.5 0.5 Recreation Coordinator 0.5 0.5 0.5 0.5 0.5 0.5 Total 1 1 1 1 1 1 New Salary Costs 0 0 0 0 0 317 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 COMMUNITY SERVICE LIBRARY Salaries 0 0 0 0 0 Benefits 0 0 0 0 0 Services & Supplies 1,422,696 1,464,433 1,493,700 1,538,500 1,584,700 1,632,200 Equipment 0 0 0 0 0 0 Total 1,422,696 1,464,433 1,493,700 1,538,500 1,584,700 1,632,200 Positions 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 4 318 City of La Ouinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 1 2016-17 COMMUNITY SERVICE PARK MAINTENANCE Salaries 121,900 121,900 121,900 121,900 125,600 129.400 Benefits 53,980 55,100 56,200 57,900 59,600 61.400 Services B Supplies 901,676 919,700 938.100 966,200 996.200 1.025,100 Equipment 0 0 0 0 0 0 Nev, Positions 0 1,077,556 1,096,700 1,116.200 1,146.000 1,180,400 1,215,900 Total Positions Maintenance Manager 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Foreman 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Worker l 0.25 025 0.25 0.25 0.25 0.25 Goff and Park/Landscape Manager-SilverRock 0.6 0.6 0.6 0.6 0.6 0.6 1.35 1.35 1.35 1.35 1.35 1.35 Total New Salary Costs 0 0 0 0 .0 N 319 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 COMMUNITY SERVICE MUSEUM Salaries 0 0 0 0 0 0 Benefits 0 0 0 0 0 0 Services & Supplies 270,758 281,414 287,000 295,600 304,500 313,600 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 270,758 281,414 287,000 295,600 304,500 313,600 Total Positions Total 0 0 0 0 0 0 New Salary Costs 1 0 0 0 0 0 320 City of La Quints Resource Allocation plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 FINANCE: FISCAL SERVICES Salaries 569,300 569,300 569,300 569.300 586.400 604,000 Benefits 262,240 267,500 272,900 281,100 289.500 298,200 Services & Supplies 143,198 167.769 171,100 176,200 181,500 186,900 Equipment 0 0 0 0 0 0 974,738 1.004,569 1,013,300 1.026,600 1,057,400 1.089,100 Total Positions Finance Director 1 1 1 1 1 1 Accounting Manager 1 1 1 1 1 1 Financial Services Assistant 1 1 1 1 1 1 Account Technician 1 1 1 1 1 1 Senior Account Clerk 2 2 .2 2 2 2 Senior Secretary 1 1 1 1 1 1 Information Technology Analyst 1 1 1 1 1 1 B 8 8 8 8 8 Total Nev, Salary Costs 0 0 0 0 0 321 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 FINANCE: CENTRAL SERVICES Salaries 0 0 0 0 0 Benefits 0 0 0 0 0 Services & Supplies 340,191 387,151 394,900 406,700 418,900 431,500 Equipment 0 0 0 0 0 0 Total 340,191 387,151 394,900 406,700 418,900 431,500 Positions Total 0 0 0 0 0 0 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 1 2016-17 PUBLIC SAFETY POLICE Salaries Benefits Services & Supplies Equipment New Positions " Total 12,712,089 0 13,347,694 0 14,015,079 0 491,800 14,715.833 0 516,400 15,451,625 0 1,084,400 16,224,206 0 1,138.800 12,712,089 13,347,694 14,506,879 15,232,233 16,536,025 1 17,363,006 Positions Patrol Officer School Resource Officer Target Team Motor Officer - Narcotics Task Force Officer Gang Task Force Officer Dedicated Lieutenant Dedicated Sergeant Community Service Officer Commercial District Officer Total 31 3 6 4 1 1 1 2 5 1 31 3 6 4 1 1 1 2 5 t 33 3 6 4 1 1 1 2 5 1 33 3 6 4 1 1 1 2 5 1 35 3 6 4 1 1 1 2 5 1 35 3 6 4 1 1 1 2 5 1 55 55 57 57 59 59 New Salary Costs 0 491,800 0 569,400 0 323 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 BUILDING & SAFETY ADMINISTRATION Salaries 179,600 179,600 179,600 179,600 185,000 190,600 Benefits 79,600 81,200 82,800 85,300 87,900 90,500 Services & Supplies 23,127 30,823 31,400 32,300 33,300 34,300 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 282,327 291,623 293,800 297,200 306,200 315,400 Total Positions Building and Safety Director 1 1 1 1 1 1 Counter Technician 1 1 1 1 1 1 Total 2 2 2 2 2 2 New Salary Costs 0 0 0 0 0 M 324 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 BUILDING & SAFETY BUILDING & SAFETY Salaries 312,600 312,600 312,600 312,600 322,000 331,700 Benefits 155,780 158,900 162,100 167,000 172,000 177,200 Services & Supplies 85,309 110,487 112,700 116,100 119,600 123,200 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 553,689 581,987 587,400 595,700 613,600 632,100 Total Positions Plans Examinerlinspection S 1 1 - 1 1 1 1 Building Inspector II 2 2 2 2 2 2 Counter Technician 1 1 1 1 1 1 Office Assistant 0.5 0.5 0.5 0.5 0.5 0.5 4.5 4.5 4.5 4.5 4.5 4.5 Total New Salary CostsT-1 0 0 0 0 0 -U-5 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 BUILDING B SAFETY CODE COMPLIANCE Salaries 587,400 687,400 587,400 587,400 605,000 623,200 Benefits 292,550 298,400 304,400 313,500 322,900 332,600 Services & Supplies 189,945 260,707 265,900 273,900 282,100 290,600 Equipment 0 0 0 0 0 0 1,069,895 1,146,507 1,157,700 1,174,800 1,210,000 1,246,400 Total Positions Community Safety Manager 1 1 1 1 1 1 Senior Cade Compliance Officer 1 1 1 1 1 1 Code Compliance Officer II 2 2 2 2 2 2 Code Compliance Officer I 1 1 1. 1 1 1 Counter Technician 1 1 1 1 1 i Office Assistant 0.5 0.5 0.5 0.5. 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 1 0.5 0.5 0.5 0.5 0.5 8.5 8.5 8.5 8.5 8.5 8.5 Total New Salary Costs 0 0 0 0 0 N 326 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 BUILDING & SAFETY ANIMAL Salaries Benefits Services & Supplies 194,500 98,950 166,247 194,500 100,900 205,754 194,500 102,900 209,900 194,500 106,000 216,200 200,300 109,200 222,700 206,300 112,500 229,400 Equipment Total - 0 0 0 0 0 0- 459,697 501,154 507.300 516,700 532,200 548,200 Positions Animal Control Officer II 1 1 1 1 1 1 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Total 3 3 3 3 1 3 1 3 New Salary Costs 0 0 0 0 0 -" 327 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 BUILDING & SAFETY CIVIC CENTER OPERATIONS Salaries 110,600 110,600 110,600 110,600 113,900 117,300 Benefits 62,080 63,300 64,600 66,500 68,500 70,600 . Services & Supplies 1,031,514 1,052,100 1,073,100 1,105,300 1,138,500 1,172,700 Equipment 0 0 0 0 0 0 New Positions 0 0 10 0 0 1,204,194 1,226,000 1,248,300 1,282,400 1,320,900 1,365,600 Total Positions Facilities Maintenance Coordinator 1 1 1 1 1 1 Maintenece Worker 1 1 1 1 1 1 1 Total 2 2 2 2 2 2 New Salary Costs 0 0 0 0 0 328 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate - 2011-12 2012-13 2013-14 2014-15 1 2015-16 2016-17 BUILDING & SAFETY FIRE Salaries Benefits Note 1 Services & Supplies Equipment New Station operating e Total - 4,949,503 0 0 5,208,237 0 0 5,468,649 0 911,442 5,742,081 0 957,014 6,029,185 0 1,004 864 6,330,644 0 1,055.107 4,949,503 5.208.237 6,380,091 6699095 7 034,049 7,385,751 Positions Captain Medic Engineer Engineer Fire Fighter II - Medics Fire Fighter II Fire Service Inspector 3.0 2.0 6.0 6.0 7.0 1.0 3.0 2.0 6.0 6.0 7.0 1.0 3.5 2.5 7.0 7.0 8.0 1.0 3.5 2.5 7.0 7.0 8.0 1.0 3.5 2.6 7.0 7.0 8.0 1.0 3.5 2.5 7.0 7.0 8.0 1.0 Total 25 25 29 29 29 29 New Salary Costs 0 562,000 0 0 0 Note: Fourth Fire Station opens in FY 13/14. Costs do not include construction of station or equipment Note 1 - Revenue expected - Fire tax Credit applied General Fund contribution Estimated credit balance available 4,150,000 799,503 4,949,503 5,000,000 4,200,497 4,150,000 4,150,000 1,058,237 2,230,091 5,208,237 6,380,091 3,142,260 912,170 4,254,000 4,360,000 4,469,000 2,445,095 2,674,049 2,916,751 6,699,095 7,034,049 7,385,751 (1,532,925) (4,206,974) (7,123,726) y 329 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 BUILDING & SAFETY EMERGENCY SERVICES Salaries 84,100 84,100 84,100 84,100 86,600 89,200 Benefits 38,270 39,000 39,800 41,000 42,200 43,500 Services & Supplies 63,022 64,300 65,600 67,600 69,600 71,700 Equipment 10,000 0 0 0 0 0 Total 195,392 187,400 189,500 192,700 198,400 204.400 Positions Emergency Services Coordinator 1 1 1 1 1 1 Total 1 1 1 1 1 1 330 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 PLANNING ADMINISTRATION Salaries 426,700 426,700 426,700 426.700 439,500 452,700 Benefits 171,500 174,900 178,400 183,800 189,300. 195,000 Services & Supplies 56,799 57,900 59,100 60,900 62,700 64,600 Equipment 0 0 0 0. 0 0 New Positions 0 1 0 0 0 0 654,999 659,500 664,200 671,400 691,500 712,300 Total Positions Planning Director 1 1 1 1 1 1 Planning Manager 1 1 1 1 1 1 Executive Secretary 1 1 1 1 1 1 Secretary 1 1 1 1 1 1 Total 4 4 1 4 4 4 4 New Salary Costs 0 0 0 0 0 331 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved "Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 PLANNING PLANNING Salaries 363,000 363,000 363,000 363,000 373,900 385,100 Benefits 158,790 162,000 165,200 170,200 175,300 180,600 Services & Supplies Equipment 35,554 0 50,746 0 51,800 0 53,400 0 55,000 0 56,700 0 New Positions Total 0 557.344 575,746 580,000 586,600 604,200 622,400 Positions Principal Planner Associate Planner 2 1 2 1 2 1 2 1 2 1 2 1 Assistant Planner 1 1 1 1 1 1 Total 4 4 4 4 4 1 4 New Salary Costs 0 0 0 TO 0 332 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 PUBLIC WORKS ADMINISTRATION Salaries 318,200 318,200 318,200 318,200 327,700 337,500 Benefits 131,880 134,600- 137,200 141,300 145,500 149,900 Services & Supplies 129,452 139,223 142,000 146,300 150,700 155,200 Equipment 0- 0 0 0 0 0 New Positions 0 0 0 0 0 579,532 591,923 597,400 605,800 623,900 642,600 Total Positions Public Works Director / City Engineer 1 1 1 1 1 1 Management Analyst Senior Secretary 1 1 1 1 1 1 1 1 1 1 1 1 Total 3 3 3 3 3 3 New Salary Costs 0 0 0 0 0 333 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 PUBLIC WORKS DEVELOPMENT SERVICES Salaries 347,300 347,300 347,300 347,300 357,700 368,400 Benefits 156,290 159,400 162,600 167,500 172,500 177,700 Services & Supplies 100,284 126,851 129,400 133,300 137,300 141,400 Equipment 0 0 0 0 0 0 New Positions 603,874 A 633,551 1 639,300 648,100 667,500 687,500 Total Positions Principal Engineer 1 1 1 1 1 1 Associate Engineer 0.5 0.5 0.5 0.5 0.5 0.5 Assistant Engineer II 1 1 1 1 1 1 Counter Technician 1.5 1.5 1.5 1.5 1.5 1.5 4 1 4 1 4 4 .4 4 Total New Salary Costs 0 0 0 0 0 334 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 PUBLIC WORKS STREET MAINTENANCE Salaries 629,200 629,200 629,200 629,200 648,100 667,500 Benefits 335,060 341,800 348,600 359,100 369,900 381,000 Services & Supplies 981,673 1,001,300 1,021,300 1,051,900 1,083,500 1,116,000 Equipment 0 0 0 0 0 0 New Positions 1,945,933 1,972,300 1,999,100 2,040,200 2,101,500 2,164,500 Total Positions Maintenance Manager 0.5 0.5 0.5 0.5 0.5 0.5 Maintenance Foreman 2 2 2 2 2 2 Maintenance Worker II 2.75 2.75 2.75 2.75 2.75 2.75 Maintenance Worker 1 5 5 5 5 5 5 Counter Technician 0.5 0.5 0.5 0.5 0.5 0.5 Office Assistant 0 0 0 0 0 0 Total 10.75 10.75 10.75 10.75 10.75 10.75 New Salary Costs 0 0 0 0 0 335 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 PUBLIC WORKS LIGHTING & LANDSCAPE Salaries 80,500 80,500 80,500 80,500 82,900 85,400 Benefits 36,870 37,600 38,400 39,600 40,800 42,000 Services & Supplies 1,416,191 1,445,692 1,474,600 1,518,800 1,564,400 1,611,300 Equipment 0 0 0 0 0 0 New Positions 17533,561 1,563,792 1,593,500 1,638,900 1,688,100 1,738,700 Total Positions Maintenance Manager 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Foreman 0.75 0.75 0.75 0.75 0.75 0.75 Maintenance Worker II 0 0 0 0 0 0 Total 1 1 1 1 1 1 New Salary Costs 0 0 0 0 0 336 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 PUBLIC WORKS ENGINEERING SERVICES Salaries 457,600 457,600 457,600 457,600 471,300 485,400 Benefits 206,920 211,100 215,300 221,800 228,500 235,400 Services & Supplies 862,837 907,492 925.600 953,400 982,000 1,011,500 Equipment 45,000 0 0 0 0 0 New Positions 1,572,357 1,576,192 1,598,500 1,632,800 1,681,800 1,732,300 Total Positions Principal Engineer 1 1 1 1 1 1 Associate Engineer 0.5 0.5 0.5 0.5 0.5 0.5 Assistant Engineer II 2 2 2 2 2 2 Assistant Engineer 1 1 1 1 1 1 1 Signal Technician 1 1 1 1 1 1 5.5 5.5 5.5 5.5 5.5 5.5 Total New Salary Costs 0 0 0 0 0 337 City of La Quinta Five Year Resource Allocation Assumptions Assumptions Revenues 2012-13 2013-14 2014-15 2015-16 2016-17 Property Taxes 0.00% 0.00% 2.50% 2.50% 2.50% No Low Property Tax 0.00% 0.00% 2.50% 2.50% 2.50% Document Transfer Tax 0.00% 0.00% 2.50% 2.50% 2.50% Sales Tax 0.00% 0.00% 2.50% 2.50% 2.50% Transient Occupancy Tax 0.00% 0.00% 2.50% 2.50% 2.50% Franchise Tax 0.00% 0.00% 2.50% 2.50% 2.50% License and Permits 0.00% 0.00% 2.50% 2.50% 2.50% Public Works fees 0.00% 0.00% 2.50% 2.50% 2.50% Motor Vehicle In -Lieu 0.00% 0.00% 2.50% 2.50% 2.50% County Fire Service Credit 0.00% 0.00% 2.50% 2.50% 2.50% Expenditures 2012-13 2013-14 2014-15 2015-16 2016-17 Salaries 0.00% 0.00% 0.00% 3.00% 3.00% Benefits 2.00% 2.00% 3.00% 3.00% 3.00% Services and Supplies 2.00% 2.00% 3.00% 3.00% 3.00% Police costs 5.00% 5.00% 5.00% 5.00% 5.00% Fire costs 5.00% 5.00% 5.00% 5.00% 5.00% Police Cost per Position 234,150 245,900 258,200 271,100 284,700 Fire Cost per Position 133,800 140,500 147,500 154,900 162,600 City Staff Cost per Position 118,500 124,400 130,600 137,100 144,000 Gas Tax Fund 0.00% 0.00%1 2.50% 2.50% 2.50% Lighting & Landscaping 0.00% 0.00%1 2.50% 2.50% 2.50% n 338 COUNCIL/RDA MEETING DATE: July 5, 2011 ITEM TITLE: Consideration of Appointment of Voting Delegate and Alternate to the 2011 League of California Cities Conference RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 5 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of a voting delegate and an alternate for the 2011 League of California Cities Annual Conference. FISCAL IMPLICATIONS: On June 21, 2011, the City Council approved overnight travel for four Council Members to attend the conference. Funds have been included in the City Manager Fiscal Year 2011 /2012 Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year the League of California Cities requests the member cities to designate a voting representative and alternate who will be attending the business meeting and the annual conference. As of the writing of this staff report, Council Members Evans, Franklin, Henderson and Mayor Adolph plan to attend the annual conference in San Francisco, California, September 21-23, 2011 (Attachment 1). The deadline for providing this information to the League of California Cities is August 26, 2011. The City Council will be dark the meetings of August 16 and September 6, 2011. N 339 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the selection of a voting delegate and an alternate for the League of California Cities Annual Conference; or 2.. Do not approve the selection of a voting delegate and an alternate; or 3. Provide staff with alternative direction.. Respec Ily submitted, G Veronica ontecino, CMC City Cle c Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. League of California Cities memo June 9, 2011 340 1400 K STxuT S. u axwo. CA 95814 xx:(916) 658-8200 M(916) 658.8240 June 9,2011 ATTACHMENT1 LEAGUE OF CALIFORNIA Council Action Advised by August 26, 2011 � L TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 21 23, San Francisco The League's 2011 Annual Conference is scheduled for September 21-23 in San Francisco. An important part of the Annual Conference is the Annual Business Meeting (at the closing General Assembly), scheduled for 2.30 p.m., Friday, September 23, at the San Francisco Moscone West Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 26, 2011. This will allow us time to establish voting delegate/alternates' records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a cogy of the council resolution that reflects the council action taken. or have Your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.ore. In order to cast a vote, at least one person must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up -more- 341 the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name -badges that will admit them into the voting area during the Business Meeting. • Transii8rring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates ford themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. e Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the San Francisco Moscone West Convention Center, will be open at the following times: Wednesday, September 21, 8:30 am. — 6:00 p.m.; Thursday, September 22, 7:30 a.m. — 4:00 p.m.; and September 23, 7:30-10:00 am. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but not during a roll call vote, should one be undertaken. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, August 26th. If you have questions, please call Mary McCullough at (916) 658-8247. Attachments: • 2011 Annual Conference Voting Procedures . Voting DelegatelAltemate.Form- -.----- ?42 LEAGUE 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 LI: OF CAL I FORN I A www.cacities.org CITIES Annual•Conference Voting Procedures 2011 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or altemates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to . the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city s voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. 343 LEAGUE OF CALIFORNIA CITIES CITY: 2011 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 26, 2011. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one votive delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name, Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk Phone: (circle one) (signature) Date: Please complete and return by Friday. August 26 to: League of California Cities FAX: (916) 658-8240 ATTN: Mary McCullough E-mail: mccullom@cacities.org 1400 K Street (916)658-8247 Sacramento, CA 95814 VdingDale&n Lesarl l.dx n 344 REPORT/INFORMATIONAL ITEM: 116 INVESTMENT ADVISORY BOARD Meeting May 11, 2011 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 Park followed by the Pledge of Allegiance. PRESENT: Board Members Mortenson, Blum, Park and Spirtos ABSENT: None OTHERS PRESENT: John Falconer, Finance Director, Lynn Love, Relations Manager, Wells Fargo Bank, Louise West, Accounting Manager, Diane Martin, Financial Services Assistant and Vianka Orrantia, Senior Secretary If PUBLIC COMMENT - None III CONFIRMATION OF AGENDA - Confirmed IV CONSENT CALENDAR 1. Approval of Minutes of Meeting on April 13, 2011 for the Investment Advisory Board. Board Member Spirtos requested a correction be made to page 3, item B., fourth sentence to read, ."possible alternative, since #ian IN staff has come across another possible [... 1." MOTION - It was moved by Board Members Spirtos/Mortenson to approve the Minutes of April 13, 2011 as amended. Motion carried unanimously. V BUSINESS SESSION A. Banking Services Presentation by Wells Fargo Bank Lynn Love, Relations Manager of Wells Fargo Bank gave a brief presentation of the proposed banking services and savings being offered for the extension of a three year contract between Wells Fargo Bank and the City of La Quinta. " 345 Mr. Falconer clarified for the Board that the existing contract with Wells Fargo Bank will expire on December 31, 2011. Mr. Falconer advised that staff, Louise West and Diane Martin work closely with Wells Fargo on a daily basis, and were present to address any concerns and/or answer any questions that the Board might have regarding Wells Fargo Bank. In response to Board Member Blum, Mr. Falconer advised that the last page of the staff report reflects the breakdown based on the City's current activity. The bank proposed an additional 25% savings from the City's current rates and a 55% discount over standard pricing. The current standard rate is at $2,600 a month, the City's current average is at $1,600 per month and under the new contract the rate will be $1,200 per month, with a savings of $5,000 per year or a total savings of $15,000 over the three years. General discussion ensued amongst the Board and staff regarding the various services provided by Wells Fargo Bank and the savings derived from some of the services being offered under the new contract. In response to Mr. Falconer, Ms. Love advised that the new rates being offered under the new contract would become effective immediately. Motion — It was moved by Board Members Mortenson/Blum to recommend to Council for approval a Banking Services Contract with Wells Fargo from January 1, 2012 through December 31, 2014. Motion carried unanimously. The Board thanked Ms. Love for her presentation and attendance, in addition to thanking Mrs. West and Mrs. Martin. B. Transmittal of Treasury Report for March 2011 Mr. Falconer presented and reviewed the staff report for the month of March advising the Board of a decrease in the cash balance by $6.80 million for the month due to $5.7 million for debt service payments, $4 million to Capital Improvement Projects of which $3.6 million for land in the Village between the Library and Old Town. Mr. Falconer stated that the land acquisition was a result of the potential closure of the Redevelopment Agency. " 346 Mr. Falconer advised of a Commercial Paper purchase and a Federal Home Loan Bank Discount Note purchase as a result of maturing investments. He further advised that the portfolio remains at 50 basis points comparable to the previous year and the average maturity of the portfolio ended the month at 218 days. Mr. Falconer commented on staff's consideration of alternatives to LAIF, which he stated will be discussed later in the meeting. In response to Board Member Spirtos, Mr. Falconer advised that the Quimby funds have been budgeted as reflected on page 8. The funds were intended to fund a regional park with other neighboring cities and the County; however, due to current the economy, there have been no further discussions or plans for the park. Mr. Falconer further advised that the Park Equipment Replacement Fund was budgeted for items such as equipment replacement at the City parks and the City's pool renovation. Mr. Falconer commented that due to the declining general fund revenue the City has not been able to budget additional monies back into this particular fund. In response to Board Member Spirtos, Mr. Falconer clarified that the Landscape and Lighting Fund reflects a negative balance due to paying monthly maintenance fees but is reimbursed twice a year from the County. General discussion ensued amongst the Board and staff regarding the change in the City's landscaping from turf to desert scape. In response to Board Member Mortenson, Mr. Falconer advised that due to some settling in the economy staff feels at ease with investing in LAIF at this time but would still consider other investment alternatives. General discussion ensued amongst the Board and staff regarding alternatives to LAIF. In response to Chairman Park, Mr. Falconer clarified as to why the City does not report the reimbursement monies received twice a year from the County for lighting and landscaping as a positive balance on the Distribution and Cash Balance report. MOTION — It was moved by Board Members Blum/Spirtos to review, receive, and file the Treasurers Report for March 2011. Motion carried unanimously. 3 " 347 C. Continued Discussion of the Investment Advisory Board 2011-2012 work Plan and Fiscal Year 2011-2012 Investment Policies Mr. Falconer advised of the process of the approval of a draft investment policy to be presented at the June meeting for discussion with the City Manager and City Attorney, upon approval of the draft policy by the Board, staff will forward the policy for final approval by the City Council. Mr. Falconer advised of his attendance to the annual CMTA Conference and his efforts to seek out from other government entities other investment alternatives. Mr. Falconer advised that due to the low interest rates, mutual funds were not a suggested alternative at this time. Mr. Falconer further advised that at the CMTA Conference other alternatives to LAIF such as the CAMP Program, Caltrust Program, and the County Pools were discussed. These three investments have been discussed by the Investment Advisory Board in the past and at the conference he was informed that the Government Code Section dealing with County pools states that the disbursement of funds could be delayed up to 30 days. In response to Board Member Blum, Mr. Falconer advised that he would investigate as to whether or not the 30 day delay applies to LAIF. In response to Board Member Mortenson, Mr. Falconer summarized the CAMP investment tool and how it works. General discussion ensued amongst the Board and staff regarding possible alternative investment tools, including the interest bearing active bank deposit program with Rabobank. In response to Board Member Mortenson, Mr. Falconer advised that he would reconfirm the CUSIP numbers listed on the Union Bank Holdings — Reporting Trades sheets (custodian for Rabobank) for the Cook County, Illinois School District investment. MOTION — It was moved by Board Members Blum/Spirtos investigate further the Rabobank investment program. Motion carried unanimously. In response to Board Member Blum, Mr. Falconer advised that if directed by the Board, staff will further investigate the. Rabobank investment program and will incorporate his findings into a staff report as well incorporate into the investment policy for the Board's consideration at the next scheduled meeting. n " 348 VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — April 2011 A general comment was made by Mr. Falconer on the decline of the T-Bills. Noted and Filed B. Pooled Money Investment Board Reports — February 2011 Noted and Filed C. Update on California Municipal Treasurers Association Conference Mr. Falconer updated the Board on the conference in San Diego, California that was attended by staff. VII BOARD MEMBER ITEMS - None VIII ADJOURNMENT MOTION - It was moved by Board Members Mortenson/Blum to adjourn the meeting at 5:06 p.m. Motion carried unanimously. S mitted b Vianka Or antia Senior Secretary 5 349 Department Report: IA / T o� o .4 4Q944(t OF TO: FROM: DATE: The Honorable Mayor and Members of the City Council Thomas P. Genovese, City Manager k July 5, 2011 4- SUBJECT: Department Report - Response to Public Comment The following public comment was made at the June 21, 2011 City Council meeting: 1. Katie Barrows, member of the member of the Stewards of the Fred Wolff Nature Preserve and Trice Healy, Franklin school teacher, gave an update on the Nature Walk Program and their collaboration with the local schools. They thanked the Community Services Department staff for their assistance with the program. "A 350 Department Report: 1_ 10 4 �W F 9 FCEM OF TtT4''°w TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directo!w, DATE: July 5, 2011 SUBJECT: Department Report - General Plan Monthly Update Throughout the month of June, City staff continued their work finishing up the remaining elements and special studies for the General Plan update. The Environmental Hazards chapter of the General Plan, which includes Noise, Soils and Geology, Flooding and Hydrology, and Hazardous Materials, was completed in draft form and is currently under review by the Technical Advisory Committee. As a part of the City's efforts in preparing a Greenhouse Gas Inventory and Reduction Plan for the General Plan Update, two planning staff members attended a Greenhouse Gas Inventory workshop held on June 21 s` at the Coachella Valley Association of Governments (CVAG) office in Palm Desert. The Greenhouse Gas Reduction Plan, Traffic and Circulation, Economic Development, Land Use, and Housing sections are all nearing draft completion and are expected to be ready for Technical Advisory Committee review later next month. p 351 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 05, 2011 BUSINESS SESSION: _ ITEM TITLE: Public Hearing to Consider Adoption of a Resolution Approving the Placement of Public Nuisance CONSENT CALENDAR: _ Abatement Assessments on the 201 1 /2012 Property STUDY SESSION: Tax Roll PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council approving the placement of public nuisance abatement assessments on the 201 1 /2012 Property Tax Roll as listed in the Resolution. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The purpose of this Public Hearing is to provide the City Council the opportunity to hear and consider all public objections and protests, if any, to the report filed with the City Council containing a description of each real property parcel cleared or cleaned by the City of La Quinta. Notices of tonight's Public Hearing were posted advising of the hearing date. Notice of Public Hearing also was published in The Desert Sun newspaper on June 25, 2011. No written communications have been received as of this report's preparation. It 352 All of the listed property owners have been notified of the costs associated with the abatements and have been given more than 30 days in which to reimburse the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution of the City Council approving the placement of public nuisance abatement assessments on the 201 1 /2012 Property Tax Roll as listed in the resolution; or 2. Do not adopt a resolution of the City Council approving the placement of public nuisance abatement assessments on the 2011/2012 Property Tax Roll; or 3. Provide staff with alternative direction. Respectfully submitted, & Safety Director Approved for submission by: Thomas P. Genovese, City Manager " 353 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, LA QUINTA ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE WHEREAS, Chapter 11.72 of the La Quinta Municipal code provides for the declaration and determination of certain conditions of property to be a public nuisance and further provides for the abatement of said nuisance by certain procedures including abatement by the City and collection of the cost of said abatement on tax rolls; and WHEREAS, in accordance with said abatement procedures, the Building and Safety Director of the City of La Quinta, as agent of the City Manager, has determined that a public nuisance exists on the following described premises, and has been given the notice required by law, and the owner thereof has failed to appeal said determination and has failed to abate said nuisance as required in said notice; and WHEREAS, in accordance with said abatement procedure, the Building and Safety Director has, by contract, provided for the abatement of said public nuisance on said properties and has filed a report thereon with the City Council and the City Council has conducted a hearing on said report and the assessment of said costs against said properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City Council hereby finds, determines, and declares that the City has abated a Public nuisance on each of the following described premises and has conducted a hearing on assessment of the costs of said abatement in the time and manner as required by law and further determines that there were no objections or protests to assessments of said costs by any interested party. 2. The City Council hereby finds, determines, and orders that the report of the Building and Safety Director relative to assessment of costs is hereby approved and the City Council hereby orders that the following costs are hereby assessed as liens against the following properties and the amount of said assessment shall be collected at the time and in the manner of ordinary property taxes. to 854 Resolution No. 2011 Fund Number 68-2378/Nuisance Abatement Adopted: July 05, 2011 Page 2 Name Crouse Duran Vanvliet Battersby Garcia Overstreet Khoury Federal National Mortgage Assn. Orange River Woods/Chickerno Rossworn Bridge Myerson APN 604-233-007-1 643-181-004-3 643-193-002-8 643-193-003-9 770-171-004-1 773-062-025-4 773-145-016-2 773-163-017-9 773-221-002-4 773-254-003-7 773-271-028-3 774-134-007-7 774-215-005-5 Cost $2,220.24 $1,640.53 $1,582.79 $3,701.80 $ 200.00 $ 200.00 $1,270.15 $4,256.22 $ 300.00 $ 245.00 $ 125.00 $ 325.00 $1,507.54 Admin fee Total $386.97 $225.00 $193.75 $450.00 $ 50.00 $ 50.00 $250.00 $195.88 $ 75.00 $ 61.25 $ 31.25 $ 81.25 $ 200.00 $2,607.21 $1,865.53 $1,776.54 $4,151.80 $ 250.00 $ 250.00 $1,520.15 $4,452.10 $ 375.00 $ 306.25 $ 156.25 $ 406.25 $1,707.54 3. The City Clerk is hereby directed to transmit a certified copy of the Resolution to the tax collector of the County of Riverside and said tax collector is hereby requested to collect the amount of each assessment herein at the time and in the manner of ordinary property taxes. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day, of July, 2011, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: .M 355 Resolution No. 2011 Fund Number 68-2378/Nuisance Abatement Adopted: July 05, 2011 Page 3 DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 356 COUNCIL/RDA MEETING DATE: July 5, 2011 ITEM TITLE: Public Hearing to Consider an Ordinance Amending Title 9, Zoning, and Title 13, Subdivision, to 1) Clarify the Location of Certain Landscaped Parkways (§9.50.100), 2) Correct an Error Regarding Guesthouses and Secondary Dwelling Units (§9.140.070), 3) Adjust the Time Extension Period for Development Review Permits (§9.200.080), 4) Delete Obsolete Language Regarding Guesthouse Examples (§9.210.020), 5) Revise Definitions to be Consistent with State Law (§9.280.030), and 6) Allow a Minimum Cul-de-Sac Length of 1320 Feet RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Z Motion to take up Ordinance Nos. and by title and number only and waive further reading. Motion to introduce Ordinance Nos. and on first reading amending the La Quinta Municipal Code Section 9, Zoning, and Section 13, Subdivision. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW Over the past year, staff has logged a handful of minor errors, policy determinations, and legislative actions that necessitate a revision or update to the Municipal Code. Routine adjustments to the Code are typical and necessary in order to stay up-to-date and to correct inconsistencies. Staff previously brought forward code updates to the City Council on May 4, 2010. " 357 PROPOSAL: A majority of the Zoning Code amendments being proposed with this update involve routine error corrections or legislative actions. Two proposed items which are not error or legislative -related include a proposal to double the minimum cul-de-sac street length and a proposal to allow certain time extensions to be approved for up to two years. All of the proposed changes are minor in nature, will not have an effect on existing development, and are in conformance with existing General Plan policies. Clarification Regarding the Location of Certain Landscaped Parkways (§9.50.100) Last November, staff received a question regarding the wording of a development standard for Low Density Residential zoned properties of less than 10 acres located south of Avenue 52. The particular development standard in question states that a landscaped parkway is required on "all public streets," though the intent of the wording was to only apply along arterial streets. This oversight occurred due to the fact that there are very few public local or collector streets south of Avenue 52. Installing a landscaped parkway along a local or collector street is generally infeasible. A Director's policy memorandum was issued on November 30, 2010, specifying that a landscaped parkway would be required along "all arterial streets" (Attachment: ZOA 10-103 Zoning Ordinance Exhibit "A"). Correcting an Error Regarding Guest Houses and Secondary Units with Equestrian Residential Uses 09.140.070) Although the code was revised in October of 2007 to bring guesthouse and second dwelling unit requirements into conformance with state housing law, Agriculture/Equestrian Residential Uses Table 9-10 within Section 9.140.070 contains an overlooked provision which continues to erroneously identify a requirement for Minor Use Permits. This proposed code change will correct the table and bring it into conformance with state law (Attachment: ZOA 1 1-103 Zoning Ordinance Exhibit "B"). Adjusting the Time Extension Period for Development Review Permits (§9.200.080) As the recent economic slowdown has resulted in substantial construction delays for a number of previously approved projects, staff is proposing to amend the code to allow development review permits a time extension of up to two years. The current code allows a one-year time extension following its initial two year period of validity. Development review permits are defined in Section 9.210.010 as including "site, architectural, lighting and landscape plans, related development plans, and sign . programs." Time extension applications which remain incomplete and inactive would also become eligible for automatic withdrawal (Attachment: ZOA 11-103 Zoning Ordinance Exhibit "C"). IA 358 Deletion of Obsolete Language Referencing Guesthouse Examples (§9.210.020) The code section which defines a Minor Use Permit contains an obsolete example necessary for deletion: "for example, a guesthouse on a lot containing a main residence." The Minor Use Permit requirement for guesthouses was removed from the Municipal Code in October of 2007 in response to changes in state law. Guesthouses are a permitted accessory use within all residential zones (Attachment: ZOA 1 1-103 Zoning Ordinance Exhibit "D"). Revised Definitions of Child Day Care Uses to be Consistent with State Law (§ 9.280.030) The definition of Child Day Care in the Municipal Code is based upon that identified under state law. Section 1596.78 of the State Health and Safety Code defines child care uses and was recently modified by the State Legislature. The proposed code amendment will match the City's definition with that of State law (Attachment: ZOA 11-103 Zoning Ordinance Exhibit "E"). Extend the Maximum Permitted Cul-de-Sac Length to 1320 Feet Section 13.24.07 of the Subdivision Ordinance regulates street design and currently limits the maximum cul-de-sac length to 660 feet. The standard enforced by the Riverside County Fire Department is 1320 feet. Staff is requesting the City standard be adjusted to match the current County fire code standard of 1320 feet. (Attachment: ZOA 11-103 Subdivision Ordinance Exhibit "A"). ANALYSIS: While most of the proposed code amendments are error corrections or result from state legislation, two of the proposed amendments are discretionary changes. Increasing the time extension period for development review permits to two years would benefit applicants by reducing the frequency of their applications and public hearings. Allowing cul-de-sac street lengths to be doubled to 1320 feet, the maximum permitted under County Fire and Transportation regulations would eliminate the inconsistency between the City and County codes and provide developers with greater flexibility in their subdivision design. Environmental Review The proposed code amendments have been determined to be exempt from the California Environmental Quality Act (CEQA). Because the proposed changes are minor in nature and constitute error corrections, inconsequential design changes, the codification of existing policy, or are the result of state legislative action, the proposed code amendments will have no impact on the environment. In addition, future projects 41 359 which may be affected by any of the proposed changes would be individually addressed under the California Environmental Quality Act. Planning Commission The Planning Commission conducted a public hearing and considered the proposed text amendments at its June 14, 2011 meeting (Attachment 1). Following the staff report, the Commissioners had no comments or questions regarding the items and no public comments were made. The Planning Commission approved Resolutions 201 1-004 and 2011-005, recommending Council approval of the proposed Zoning and Subdivision Code Amendments. Public Notice This project was advertised in The Desert Sun newspaper on June 3, 2011 and June 24, 2011. To date, no comments have been received. Any written comments received following the posting of this report will be handed out at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Ordinance. The alternatives available to the Council include: Motion to take up Ordinance Nos. and by title and number only and waive further reading. Motion to introduce Ordinance Nos. and on first reading amending the La Quinta Municipal Code Section 9, Zoning, and Section 13, Subdivision. 2. Do not move to take up Ordinance Nos. and 3. Provide staff with alternative direction. Respectfully submitted, J 1 O Les Johnson, Plannin Director Approved for submission by: Thomas P. Genovese, City Manager H 360 Attachment: 1. Planning Commission Minutes — June 14, 2011 361 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1) A CLARIFICATION REGARDING THE LOCATION OF CERTAIN LANDSCAPED PARKWAYS (§9.50.100), 2) CORRECTING AN ERROR REGARDING GUEST HOUSES AND SECONDARY UNITS (§9.140.070), 3) ADJUSTING THE TIME EXTENSION PERIOD FOR DEVELOPMENT REVIEW PERMITS (§9.200.080), 4) DELETION OF OBSOLETE LANGUAGE REFERENCING GUESTHOUSE EXAMPLES (§9.210.020), AND 5) REVISED DEFINITIONS OF CHILD DAY CARE USES TO BE CONSISTENT WITH STATE LAW (§9.280.030). WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Zoning Ordinance; and WHEREAS, the City has, from time to time, made amendments to the Zoning Ordinance to address changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14`h of June, 2011, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to 1) clarify the location of certain landscaped parkways (§9.50.100), 2) correct an error regarding guesthouses and secondary dwelling units (§9.140.070), 3) adjust the time extension period for development review permits (§9.200.080), 4) delete obsolete language regarding guesthouse examples (§9.210.020), and 5) revise definitions to be consistent with state law 09.280.030), and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 5`h day of June, 2011, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" through "E," on file in the Planning Department. SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby finds that this Ordinance is consistent with the La Quinta General Plan. The Zoning Ordinance Amendment is consistent with the General Plan insofar as it M 362 Ordinance No. Zoning Ordinance Amendment 2011-103 July 5, 2011 Page 2 of 3 amends the Zoning Code to be consistent with California requirements for second units; implements existing City policies that are in conformance with those in the General Plan; removes inconsistent, conflicting, and incompatible portions of text; and allows for continued high quality development in the City. SECTION 3. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(13)(3), Review for Exemptions of the CEQA Guidelines. SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 6. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 7. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 5`" day of July, 2011, by the following vote: AYES: NOES: a 363 Ordinance No. Zoning Ordinance Amendment 2011-103 July 5, 2011 Page 3 of 3 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 M 364 Ordinance No. Zoning Ordinance Amendment 2011-103 Exhibit "A" 9.50.100 RL district property subdivision development standards, ten acres or less, located south of Avenue 52. A. Applicability. The following development standards shall apply to all subdivisions less than ten acres in size located in the RL district, south of Avenue 52, and west of Monroe. B. Development Standards. 1. A minimum lot size of twenty thousand square feet shall be required, unless: a. The proposed subdivision establishes a minimum of twenty - residential lots). The open space shall include amenities and features such as passive open space, trails, play areas or equipment, picnic facilities, recreational amenities, clubhouse facilities and/or active use parks. Retention basins may be considered as part of the twenty-five percent open space requirement provided they are designed as an integral part of the project, fully landscaped, and accessible for passive and active use. b. The minimum lot size within the proposed subdivision is equal to or greater than the minimum lot size of the residential lots within the abutting subdivided properties created prior to August 2, 2007. c. Driveway access should be consolidated with other neighboring properties. 2. Under no circumstances shall lots be less than ten thousand square feet in size. 3. A landscaped parkway of thirty feet in depth shall be required on all Elie arterial streets. 4. All other development standards of the RL district, including but not limited to setbacks, building height and parking requirements, shall apply. C. Official Zoning Map. The city's official zoning map shall identify as an overlay all properties potentially affected by these provisions. (Ord. 440 § 2, 2007) .0 365 Ordinance No. Zoning Ordinance Amendment 2011-103 Exhibit "B" 9.140.070 Low density/agricultural-equestrian residential district. TABLE 9-10 PERMITTED USES IN THE AGRICULTURAL/EQUESTRIAN RESIDENTIAL DISTRICT Accessory Uses and Structures Guest houses, subject to Section 9.60.010 M M A Second units, "granny flats" and employee quarters, subject o Section 9.60.090 M M A " 366 Ordinance No. Zoning Ordinance Amendment 2011-103 Exhibit "C" 9.200.080 Permit expiration and time extensions. A. Period of Validity. The period of validity for a development review permit shall begin on the permits effective date as set forth in Section 9.200.060. The period of validity shall run indefinitely unless'.: 8::; °-es pursuant to subsection C of this section. B. Establishment. A development review permit shall be deemed established if the following actions occur within twenty-four months of the effective date of the approval or within such other time period designated by the approval: 1. In the case of a development review permit where ministerial permits are required, such permits have been issued. 2. In the case of a development review permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued. C. Expiration. A development review permit shall expire and be of no further force or effect if: 1. The permit is not established within twenty-four months of the permits effective date or such other time period designated by the permit approval, by state law or by this code; or 2. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. D. Time Extensions. 1. Upon application before expiration of the period of validity, the original decision -making authority may grant an extension to the period of validity for up to one two years if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision -making authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B). 2. Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted. (Ord. 284 § 1 (Exh. A) (part), 1996) .." 367 Ordinance No. Zoning Ordinance Amendment 2011-103 Exhibit "D" 9.210.020 Conditional use permits and minor use permits. A. Purpose. The purpose of a conditional use permit or minor use permit is to provide for individual approval or denial of land uses requiring such permits under this code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. For purposes of this section, the term "use permit" includes both conditional use and minor use permits. B. Definitions. "Use permit" means a discretionary entitlement under the provisions of this zoning code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. 1. Conditional Use Permits. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, residents or businesses; for example, kennels or animal shelters. 2. Minor Use Permits. Uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents or businesses. In most cases, such uses are accessory to a main or principal use on the property; for example, a guesthouse on a let ..of 368 Ordinance No. Zoning Ordinance Amendment 2011-103 Exhibit "E" 9.280.030 Definition of terms. "Child day care home" or "family day care home" means, consistent with Section 1596.78 of the State Health and Safety Code: a child day care (a) "Family day care home" means a home that regularly provides care protection and supervision for 14 or fewer children in the provider's own home for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. (b) "Large family day care home" means a home that provides family day care for 7 to 14 children inclusive, including children under the age of 10 years who reside at the home. (c) "Small family day care home" means a home that provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home. 369 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 13 OF THE LA QUINTA MUNICIPAL CODE, TO ALLOW A MINIMUM CUL-DE-SAC LENGTH OF 1320 FEET WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Subdivision Ordinance; and WHEREAS, the City has, from time to time, made amendments to the Subdivision Ordinance to address changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14`h of June, 2011, hold a duly noticed Public Hearing for review of a Subdivision Text Amendment to allow a minimum cul-de-sac length of 1320 feet within Section 13.24.070 of the La Quinta Municipal Code, and recommended approval of the proposed Amendment to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 51h day of June, 2011, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 13, the Subdivision Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibit "A," on file in the Planning Department. SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby finds that this Ordinance is consistent with the La Quinta General Plan insofar as it allows for continued high quality development in the City. Because the amendment conforms to the design and safety policies within the Traffic and Circulation Element and the Infrastructure and Public Services Element, the Subdivision Text Amendment is consistent with the goals, objectives and policies of the General Plan. SECTION 3. ENVIRONMENTAL. The Planning Director has determined said Subdivision Text Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Subdivision Code Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines; and 91 370 Ordinance No. Zoning Ordinance Amendment 2011-103 July 5, 2011 Page 2 of 3 SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 6. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 7. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 5t' day of July, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California 4 371 Ordinance No. Zoning Ordinance Amendment 2011-103 July 5, 2011 Page 3 of 3 ATTEST: Veronica Montecino, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California " 37? Ordinance No. Exhibit "A" 13.24.070 Street design —Generally. F. Cul-de-sacs shall not exceed a distance of six hundred sixty one thousand three hundred and twenty feet in length (measured from the centerline of the intersection to the center of the cul-de-sac) unless provided with improved emergency access/outlet routes no more than sk huffed sixty one thousand three hundred and twenty feet from the end of the cul- de-sac. ..11 313 ATTACHMENT #1 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calls Tampico, La Quinta, CA June 14, 2011 7:03 P.M. I. CALL TO ORDER A. A regular meeting of the La Quinta Planning Commission was called to order at 7:03 p.m. by Chairman Alderson. PRESENT: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. ABSENT: Commissioners Weber. STAFF PRESENT: Planning Director Les Johnson, City Attorney Kathy Jenson, Principal Engineer Ed Wimmer, Planning Manager David Sawyer, Principal Planner Andrew Mogensen, Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved by Commissioners Wilkinson/Barrows to approve the minutes of April 26, 2011 as submitted. AYES: Commissioners Barrows, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioners Quill, and Weber. ABSTAIN: None. V. PUBLIC HEARINGS: A. Environmental Assessment 2010-610 Specific Plan 2004- 071 Amendment No 1 Site Development Permit 2003-762, Extension No. 4, and Amendment No. 1; a request by WSL La Quinta, LLC, for consideration of development plans for La Paloma, a 208-unit senior living community located on the northeast corner of Washington Street and Avenue 50. 374 Planning Commission Minutes June 14, 2011 Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Commissioner Quill joined the meeting at 7:07 p.m. Planning Director Johnson stated staff had just a received a letter, from MSA Consulting, and needed time to review the changes requested in the letter. (Copy distributed to the Commissioners). He recommended the Commission take public testimony and continue the item to the next meeting to allow adequate time for Planning and Public Works staff to review and adequately respond to the request. Chairman Alderson noted the suggestion and asked if there were any questions of staff. There being none from other Commissioners, Chairman Alderson asked for clarification on the height of the towers and what the client was requesting. Staff responded the client was asking for 36-feet, instead of 28-feet, on the one tower feature, which would be the highest projection. Chairman Alderson asked if there were any violations with parking. Staff responded there were no violations and commented on carports and proper shading for parking areas without carports. Chairman Alderson commented on the north property line and the new fence planned. Staff said the plans called for a new wall spanning the entire northern property line. Where there were fences or existing walls, it would be up to the property owners to work out an agreement with La Paloma to tear down and replace those walls. There being no further questions of staff, Chairman Alderson opened the public hearing portion of the meeting and asked if the applicant would like to speak. Mr. John Rimbach, President of West Living (WSL La Quinta, LLC), 5796 Armada Drive, Suite 300, Carlsbad, CA 92208, introduced himself and said they were the owners of the site, and then gave some background on acquisition of the property. He explained the -2- 175 Planning Commission Minutes June 14, 2011 previous plans and said they were now designing this project as a straight rental project with a full continuum of care, residential -based care from independent living, assisted living, and a small Alzheimer/dementia component. They have eliminated the nursing home component from the prior project plan. The project is now deemed to be more affordable and more economically viable, than the previous project plans. He then explained the licensing requirements and said his development team would come up to answer questions and give further details on the project. Chairman Alderson asked Mr. Rimbach about the new plan for rental, instead of sales, of the units. He then asked about the monthly rates on the units. Mr. Rimbach explained the continuum of care within the project and said the monthly rates had not yet been established. Gregory Irwin, Irwin Partners Architects (IPA) 245 Fischer Avenue, Suite B-2, Costa Mesa CA 92626, introduced himself and said they had spent a lot of time looking at what was previously approved and tried to create a project that would make them better neighbors than what was previously approved.. He had one correction, noting the tower entry piece was actually below the height limit. The difference between the roof and what would make it an architectural projection was off. He then explained further why it was still within the actual height limit. Chairman Alderson asked about the color palette and the blue element shown, which was actually clear glass and not an additional color element. Mr. Irwin confirmed it was glass. Discussion followed on the color palette, the garage doors and the use of opaque glass. Mr. Marvin Roos, MSA Consulting, 34-20 Bob Hope Drive, Rancho Mirage, CA - introduced himself and said they had been the project engineers on this property. since 1987. He then gave some background on the property. He commented on the letter they submitted saying it actually was only about four comments, because some of the items were just notations. He understood the staff's need to review the letter since there were concerns from their southern neighbor, UHC, who had a representative present to discuss it from their perspective. He then commented on the following letter points: -3- p 376 Planning Commission Minutes June 14, 2011 • Driveway alignment on Avenue 50 • Left in/left out movements e Improvements on Avenue 50, east of their proposed entry • Direct discharge into the evacuation channel • A u turn lane southbound on Washington • A uniform wall on the northern boundary • Dropping the site and including a retaining wall. General discussion then followed regarding dropping the site, importing fill, and the design of the retaining wall. Mr. Roos also stated the letter requested that the site development permit approval be for two years, rather than one, and explained why. Mr. Ron Gregory - Project Landscape Architect with RGA Landscape Architects - 74020 Alessandro Drive, Palm Desert, CA - introduced himself and commented on the earlier statements made regarding the multitude of fountains within the project, as well as the mention of the lawn area. He explained how they have to figure water calculations, as required by the State, the Water District, and the City. He said they have to use a water factor for different types of plant materials, and that is also used for fountains. He explained how the factors were utilized for any body of water as well as all landscaping. He continued by saying water, and especially in smaller recirculating water features, will be very important to people who will be living there. So, he hoped that would be taken into consideration. He told how a question was brought up, at ALRC, regarding the use of turf for the putting green and the pool area. The turf that is being used on the putting green is all faux turf, and will require no water. The turf that is being used in the pool area is real turf and is cooler. Faux turf is actually as hot as a paved surface would be. He added that even with the use of real turf, they still fit within the maximum water use guidelines. The rest of their landscaping was all water -efficient and desert -type material. Commissioner Wilkinson asked about recovering the condensation off of air conditioning and using it to fill fountains, etc. Mr. Gregory said their Firm was currently working on two projects taking that into account and the problem was that it was extraordinarily expensive. n 3ll -4- Planning Commission Minutes June 14, 2011 General discussion followed regarding the recovery, of air conditioning condensation and various components of LEED certification. General discussion followed on faux turf versus real turf, and under what circumstances their individual uses are appropriate. Commissioner Barrows asked for Mr. Gregory's comments on why more native species are not being used and gave some examples of non-native species that are used frequently in their place. Mr. Gregory gave anecdotal evidence of projects he was currently working on using native species. He said one of the problems with native plants was that some of them had a very short shelf life. A plant such as brittle bush requires a fair amount of maintenance and doesn't tend to last as long as some of the non-native species. The other problem was that the native plants typically put on a great show in late winter and early spring, then they weren't at their best the.rest of the year. He said they were trying to introduce more of them, especially as they are being encouraged to do so in the pursuit of higher LEED scores. He added there was a problem with finding a sufficient quantity of native plants for projects of this size. Commissioner Barrows said this project seemed like a really good opportunity to use native plants. She then asked about the water features and commented on staff's recommendations that the smaller water features seemed appropriate but they were concerned about the entry water feature. The entry water feature only provided an aesthetic benefit and no other usage, such as folks walking over and sitting around the feature. She asked for Mr. Gregory for his perspective on that feature. Mr. Gregory said, at first, he didn't understand what was meant by more than just an aesthetic feature, but he now understood about people gathering around and enjoying the benefits of the water feature. General discussion followed on: • What other purposes the water feature could/should serve. • The current design of the water feature • Additional discussion of the recycling of air conditioning condensation and its possible uses. Planning Commission Minutes June 14, 2011 Chairman Alderson asked if there were any more questions of the applicant. There being none he asked if there was any public comment. Mr. David Pendergrass, representative for James A. Shirley Construction Co., 5462 Jurpe Avenue, Riverside CA — introduced himself and commented on how much he appreciated the fact that staff, and the developer, worked with him to have an opportunity to competitively bid on a project like this. He said it was just such a difference from what he had previously experienced in other communities. He wanted to take the opportunity to say thank you and added that it was good that the City apparently was working with local contractors and because of that his firm supported a project like this. Chairman Alderson said it was very good to hear that local people were being considered. Mr. Mark Irving- Urban Housing Communities, 2000 East Fourth Street, Suite 205, Santa Ana CA 92705 — introduced himself and said he was at the meeting for several purposes. First, he was representing the owners of the property to the south of this project, who were also part of the specific plan originally approved in 2004. He stated they were still under that specific plan. He continued, with his second point, saying he was at the meeting to try to protect the left in on their property, currently within the specific plan. The ingress into the property would be on Avenue 50, otherwise they just have right ins and right outs. So, it is very important to make sure they maintain that. Third, his firm was in support of the applicant's project. Fourth, they were asking staff to review the condition of approval regarding realigning the driveways and providing ingress and egress. He said they were supportive of that effort. Fifth, he agreed with the location and use of the entry fountain. He explained a similar situation where the fountain acted as a noise buffer and he agreed with the current design. Chairman Alderson asked if there was any further public comment. There being none, Chairman Alderson did not close the public hearing since the matter was going to be continued. He suggested a -6- u 319, Planning Commission Minutes June 14, 2011 continuation of two weeks to allow time for staff to review this as the letter had not been received until late afternoon on the day of the meeting. Planning Director Johnson asked the Chairman if either he, or any of the other Commissioners, had any items for staff to discuss with the applicant, prior to the continued meeting, to bring them forward so staff would have that opportunity. Chairman Alderson said he would like staff to clarify the alignment of the driveways and confirm whether the project on the south was still included in the specific plan. Commissioner Quill commented on several items: • This was a more viable project than the previous one. • He agreed with the approval of the Site Development Permit for two years, instead of one. • There should be real turf where there is a recreational component (i.e., swimming pools). • He agreed with Commissioner Barrows' comments regarding the use of native species. • He agreed with direct discharge, into the channel, if there were no issues involved, it was done under an SWPPP, and the water was cleaned up as it went out. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to continue the public hearing recommending approval of Specific Plan 2004-071, Amendment No. 1, to June 28, 2011. AYES: Commissioners Barrows, Quill, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. B. Zoning Ordinance Amendment 2011-103; a request by the City of La Quinta for consideration of the following amendments to the La Quinta Municipal Code: A clarification regarding the location of certain landscaped parkways (§9.50.100), Correcting an error regarding guest houses and secondary units (§9.140.070), Adjusting the time extension period for development review permits (§9.200.080), Deletion of obsolete language referencing guesthouse examples a 30 Planning Commission Minutes June 14, 2011 (§9.210.010), Revised definitions of child day care uses to be consistent with State Law (§9.280.030), and Extend the maximum permitted cul-de-sac length to 1320 feet (§13.24.070), to be effective City -Wide. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill had no questions but commented on the positive nature of the change for the permitted cul-de-sac length going from 660 to 1320 feet. Chairman Alderson said he had no further questions, but did mention staff did a good job of analysis in clearing up these items. There being no further questions of staff, Chairman Alderson noted the City was the applicant and asked if there was any public comment. There being none, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to adopt Resolution 2011-004 recommending approval of Zoning Ordinance Amendment 2011-103 as submitted in the staff report. AYES: Commissioners Barrows, Quill, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to adopt Resolution 2011-005 recommending approval of Zoning Ordinance Amendment 2011-103, cul-de-sac amendment as submitted in the staff report. AYES: Commissioners Barrows, Quill, Wilkinson and Chairman Alderson. NOES: None, ABSENT: Commissioner Weber. ABSTAIN: None. -8- 381 Planning Commission Minutes June 14, 2011 VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None Vill. COMMISSIONER ITEMS: A. Discussion of the recent City Council Meetings. It was decided the meetings of June 7, and June 21, 2011 would be discussed at the next regularly scheduled Commission meeting. B. Commissioner Wilkinson is scheduled to attend the June 21, 2011, City Council meeting. C. The new City Council Meeting Attendance Schedule will be included in the June 28, 2011, packet. D. A brief discussion of the Summer Schedule was held. It was decided it would be discussed further, and date(s) chosen, at the next regularly scheduled Commission meeting. IX: DIRECTOR ITEMS: None X. ADJOURNMENT: There being no further business, it was moved by Commissioners Wilkinson/Barrows to adjourn this regular meeting of the Planning Commission to the next meeting to be held on June 28, 2011. This meeting was adjourned at 8:09 p.m, on June 14, 2011. Respectfully submitted, Caroly Walker, Executive Secretary City of La Quinta, California .a.. 382 -9-