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2012 02 07 CC6T# 4 4V adja City Councif agendas and staff reports are available on the City's web page: www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, FEBRUARY 7, 2012 3:30 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2012-004 Ordinance No. 496 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Osborne 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. 001 CITY COUNCIL AGENDA 1 FEBRUARY 7, 2012 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 1. PROCLAMATION DECLARING FEBRUARY AS FREE APPLICATION FOR STUDENT FEDERAL AID (FAFSA) MONTH 2. ARCHIVING CITY COUNCIL MEETINGS WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JANUARY 17, 2012 CONSENT CALENDAR Consent Calendar items are considered routine in nature and are approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 7, 2012 2. APPROVAL TO EXCUSE BOARD MEMBER ANDREA SPIRTOS FROM THE FEBRUARY 8, 2012 INVESTMENT ADVISORY BOARD MEETING 3. APPROVAL OF AN APPROPRIATION FOR THE FRITZ BURNS DOG PARK IMPROVEMENTS 4. DENIAL OF CLAIM FOR DAMAGES FILED BY RENATE SENTERS; DATE OF LOSS JANUARY 12, 2012 5. DENIAL OF CLAIM FOR DAMAGES FILED BY DENNIS BAUTISTA; DATE OF LOSS DECEMBER 19, 2011 6. RATIFICATION OF AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO -ATTEND THE LAND USE LAW AND PLANNING CONFERENCE HELD FEBRUARY 3, 2012 IN LOS ANGELES, CA CITY COUNCIL AGENDA 2 FEBRUARY 7, 2012 ' 002 7. APPROVAL TO EXCUSE COMMISSIONER ALLAN WILBUR'S ABSENCE FROM THE JANUARY 19, 2012 HISTORIC PRESERVATION COMMISSION MEETING 8. ACCEPTANCE OF THE CITY OF LA QUINTA GOVERNMENT ACCOUNTING STANDARDS BOARD 45 VALUATION AS OF JULY 1, 2011 9. APPROVAL OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT SHARED BOUNDARIES 10. APPROVAL OF A COOPERATIVE AGREEMENT WITH THE CITY OF INDIO FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT SHARED BOUNDARIES 11. APPROVAL OF THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS, AND AUTHORIZE STAFF TO ADVERTISE FOR BID, THE WASHINGTON STREET TURN LANE IMPROVEMENTS AT AVENUE 48, AND APPROPRIATE INFRASTRUCTURE FUNDS, PROJECT 2010-06 BUSINESS SESSION 1. CONSIDERATION OF APPOINTING TWO CITY COUNCIL MEMBERS TO SERVE ON THE CIVIC CENTER ART PURCHASE COMMITTEE 2. CONSIDERATION OF RENAMING THE NATURE PRESERVE AND TRAIL TO "FRED WOLFF NATURE PRESERVE" AND "BEAR CREEK TRAIL" 3. CONSIDERATION OF SELECTION CRITERIA FOR CITY MANAGER RECRUITMENT STUDY.SESSION 1. DISCUSSION OF REVENUE ALTERNATIVES FOR THE CITY OF LA QUINTA REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (FRANKLIN) 5. C.V. CONSERVATION COMMISSION (EVANS) It 003 CITY COUNCIL AGENDA 3 FEBRUARY 7, 2012 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT Cox) 7. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 8. CVWD JOINT WATER POLICY COMMITTEE (ADOLPH) 9. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (OSBORNE) 10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 11. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 12. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 13. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TEAL) 14. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 16. SUNLINE TRANSIT AGENCY / SUNLINE SERVICES GROUP (ADOLPH) 17. COMMUNITY SERVICES COMMISSION MINUTES DATED DEC.12, 2011 18. INVESTMENT ADVISORY BOARD MINUTES DATED DECEMBER 14, 2011 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENT(S) 2. CITY ATTORNEY 3. CITY CLERK - NONE 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 B. INDIO POLO FIELDS GOLDENVOICE CONCERTS UPDATE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE PUBLIC HEARINGS - NONE NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL WILL ADJOURN AND NOT RECONVENE AT 7:00 P.M. UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT HAVE NOT BEEN CONSIDERED ADJOURNMENT 004 CITY COUNCIL AGENDA 4 FEBRUARY 7, 2012 The next regular meeting of the City Council will be held on February 21, 2012 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, Deputy City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on February 3, 2012. DATED: February 3, 2012 ,S�Mi V h4� SUSAN MAYSELS Deputy City Clerk City of La Quinta, 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. 005 CITY COUNCIL AGENDA 5 FEBRUARY 7, 2012 La Q•� Quin,?' F ILA ��9 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Susan Maysels, Deputy City Clerk VIA: - Mark Weiss, Interim City Manager DATE: February 2, 2012 SUBJECT: Conflict of Interest The following conflict(s) of interest due to the proximity of residence has been identified by staff for an item(s) on the February 7, 2012 City Council agenda. Council Member Evans - Agenda Item: Consent Calendar #11 APPROVAL OF THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS, AND AUTHORIZE STAFF TO ADVERTISE FOR BID, THE WASHINGTON STREET TURN LANE IMPROVEMENTS AT AVENUE 48, AND APPROPRIATE INFRASTRUCTURE FUNDS, PROJECT NO. 2010-06 cc: Interim City Manager City Attorney Department Directors �� O106 wiq COUNCIURDA MEETING DATE: February 7, 2012 ITEM TITLE: Approval of Demand Register Dated February 7, 2012 RECOMMENDATION: Approve Demand Register Dated February 7, 2012 BACKGROUND: Prepaid Warrants: 94608 - 94644} 66,181.02 94645 - 946661 181,422.97 Voids} 0.00 Wire Transfers} 220,943.11 P/R 36555 - 36563} 195,410.75 P/R Tax Transfers} 53,800.49 Payable Warrants: FISCAL IMPLICATIONS: 94667 - 94776} 423,100.57 $1,140,858.91 Demand of Cash -City $1,108,483.98 Demand of Cash - Successor Agency of the RDA $32,374.93 Demand of Cash - HA $0.00 Demand of Cash - HA Comm $0.00 MJohn M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR I STUDY SESSION PUBLIC HEARING "- 007 CITY OF LA QUINTA BANK TRANSACTIONS 1/10/12 - 1/24/12 01/10/12 WIRE TRANSFER - TASC 01/20/12 WIRE TRANSFER - ICMA 01/20/12 WIRE TRANSFER - PERS 01/20/12 WIRE TRANSFER - LQCEA 01/20/12 WIRE TRANSFER - PERS 01/20/12 WIRE TRANSFER - PERS 01/20/12 WIRE TRANSFER - LANDMARK $1,372.46 $14,811.34 $54,054.58 $145.00 $2,181.73 , $2,181.73 $146,196.27 TOTAL WIRE TRANSFER OUT $220,943.11 ,n.r 008 I p q aOO E d=W I W W H O (9 I L ¢ d f- z z I LLQ I W S WE x= U O Li i N i O I N I M 1 rl 1 rl 1 O I W I a 1 q 1 Y U W S F• U IM•I J Z � N O I J H H I > N L d I O\ WHI a[M "U I d ti I d \ rn I ¢ ^I W 1 o pl rc• �LL H O H W Z 1 ¢ a X W z Z O O . O Z I U U I 1 W 1 I � I qW1 \� I Y Q I up1 W 2 U X m m ¢ I a H . zIw I H 0 I L • O I N 0 1¢ O Z. .t .WI I Z d H J1Y a r mwz 1 tV U ' I O ¢ I WU N O \ J Z 1 > \ M O 1 W .z 10 o U a 1 p• J 1 W W L O 1 Z U 1 I Z. <= CO. 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FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all board members and, in response, Investment Advisory Board Member Spritos has requested of the City Council to be excused from the February 7, 2012 meeting. The request was made prior to the meeting, as noted in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 10 027 1. Approve Investment Advisory Board Andrea Spirtos request to be excused from the from the February 7, 2012 Investment Advisory Board Meeting; or 2. Deny Investment Advisory Board Member Spirtos request; or 3. Provide staff with alternative direction. Respectfully submitted, a�4'K - 'L"� John M. Falconer, Finance Director Approved for submission by: �¢ . Mark Weiss, Interim City Manager Attachment: 1. Request from Investment Board Member Spirtos It 028 A I I AUHMENT 1 5J C VV / ,N lachella Valley Serving People In Need Official Promoter Of TOUR oE-PALM SPRINGS Board of Directors President Bob Liedner Secretary Nancy Samuelson January 10, 2012 Treasurer Aftab Dada John Falconer, Finance Director Board Members City of La Quinta Bill Feist 78-495 Calle Tampico Jerry Goldstein La Quinta, CA 92253 Advisory Board Tim Esser Jim Dowler Re: Request for Excuse from February IAB Meeting Executive Director Andrea Spirtos Dear John: I respectfully request to be excused from the February 8, 2012 meeting of the Investment Advisory Board. The event is two days away from the Tour de Palm Springs, for which I am the Executive Director. We are anticipating between 10,000 and 11,000 riders this year which would make the event the largest charitable bicycle ride in the nation. In my place I am confident Frank Blum will do an amazing job conducting the meeting. Please present this request to City Council on my behalf. Thank you very much and I will see you in March. Most sincerely, Andrea Spirtos it 1 029 74854 Velie Way, Suite 9 • Palm Desert, CA 92260 Phone 760.674.4700 • Fax 760.674.4730 Titiv,' 4 4 Qum& AGENDA CATEGORY: COUNCIL/RDA/HA MEETING DATE: February 7, 2012 BUSINESS SESSION: ITEM TITLE: Approval of an A CONSENT CALENDAR: 3- pp Appropriation for the Fritz Burns Dog Park Improvements STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve an appropriation of $10,000 from Unallocated Quimby Funds for improvements to the Fritz Burns Dog Park. FISCAL IMPLICATIONS: Funding for this request is available in unallocated Quimby Fund reserves (Account No. 220-0000-290.00-00) . CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On January 11, 2011, the City received a petition with over 85 signatures stating that they would like to see the small dog area at Seasons Dog Park made larger. Staff met with representatives from the large and small dog owners and discussions began on possible options for increasing the size of the small dog area. Several small dog owners indicated that they only use the large dog area because the small dog area is too small. Additionally, they indicated that there are more small dogs using the facility than large dogs. Neighbors living adjacent to Seasons Dog Park became aware of the discussions with the dog owners and requested involvement to express their concerns regarding the potential impacts. Residents on Desert Fall Way, one of two access streets to the park, were concerned that an expansion of the small dog area would increase the traffic and parking in the neighborhood. N - 030 On March 7, 2011, the Community Services Commission held a Study Session regarding the expansion of the small dog area at Seasons Dog Park based on a petition received from residents. The staff report included two scenarios that the Commission considered for recommendation to the City Council. The Commission also heard comments from dog owners. Most dog owners at the meeting expressed their concern over the size of the small dog park area and indicated they would like to see the scenario with the largest small dog area be selected. Two large dog owners spoke to the Commission and indicated that they want the large dog area kept large enough for their big dogs to run. The discussion was concluded with the Commission requesting staff to seek additional information (including other options) regarding the use of the dog park, identify the concerns from the neighborhood with regard to expanding the small dog area, and to obtain costs to retrofit Fritz Burns Dog Park into a small dog only facility. On March 20, 2011, staff distributed a neighborhood survey to 35 homes near the Seasons Dog Park. There were 15 surveys returned and the results from the survey indicated that vehicle traffic and noise was a concern if the small dog park became larger. On May 9, 2011, the Community Services Commission reviewed the results of the neighborhood survey, an additional scenario for Seasons Dog Park, and the cost estimate to convert the Fritz Burns Dog Park into a small dog only facility. The Community Services Commission recommended that no changes be made at Seasons Park and for the City Council to consider improvements at the Fritz Burns Dog Park to become a small dog only facility. On June 7, 2011, the City Council was presented with the Community Services Commission's recommendation. The cost estimate to renovate the Fritz Burns Dog Park into one area for small dogs only was $10,000. This estimate also covered the cost of a shade structure over a concrete pad with a new bench and a drinking fountain for dogs. Residents with large dogs expressed their concerns to the City Council about making the facility for small dogs only. The City Council decided the facility needed to remain available for both large and small dogs with the installation of the recommended improvements. The direction to improve the facility for both the large and small sections doubled the scope of work and became two shade structures over concrete pads with a new bench and dog drinking fountain on each side. Site plans and engineering for the shade structures were completed and staff purchased the site amenities with the original $10,000 project allocation. Three bids were received for the concrete and amenities installation. Based on the lowest bid, an additional $10,000 for a total of $20,000 in funding is required to complete the project with the amenities for both the large and small sections. 031 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an appropriation of $10,000 from unallocated Quimby Funds for improvements to the Fritz Burns Dog Park; or 2. Do not approve an appropriation of $10,000 from unallocated Quimby Funds for improvements to the Fritz Burns Dog Park; or 3. Provide staff with alternative direction. Respectf Ily submitted, Edie Hylton Community Services Director Approved for submission by: Mark Weiss, Interim City Manager 032 a, CF`y OF'It�� . COUNCIUSA MEETING DATE: February 7, 2012 AGENDA CATEGORY: BUSINESS SESSION: _ ITEM TITLE: Denial of Claim for Damages Filed by: CONSENT CALENDAR: Renate Senters; Date of Loss - January 12, 2012 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Renate Senters; Date of Loss — January 12, 2012. FISCAL IMPLICATIONS: The amount of the claim was unspecified. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Renate Senters with a reported date of loss of January 12, 2012 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Renate Senters with a reported date of loss of January 12, 2012; or ,s 033 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Terry L. beeringer, Human Resources/ General Services Manager Approved for submission by: k'�- XQ�- Mark Weiss, Interim City Manager Attachment: 1. Renate Senters, Claim for Damages of 034 ►rs FILE WITH CITY CLERKS OFFICE City of Le Quints P.O. Box 1504 La Quinta, CA 92253 CLAIM FOR DAMAGES TO PERSON OR PROPERTY J(N 1 TAI n 3 03 ,CITY OF LA OUINTA �ITY CLERK'S OFFICE INSTRUCTIONS 1. Claims for death, Injury to person or to personal property must be filed not later than six months after the occurrence (Gov. Code §911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code § 911/2) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. S. This claim form must be signed on page 2 at the bottom. 6. Attach separate sheets, If necessary, to give full details. SIGN EACH SHEET. TO: (Name of City) City of La Quinta Name of Claimant Renate Senters 78785 Sunbrook Lane La Quinta, CA Home Address of Claimant City and State Business Address of Claimant City and State Give address and Phone No. to which you desire notices or communications to Sent regarding this claim 78785 Sunbrook Lane, La Quinta, CA 92253 When did DAMAGE or INJURY occur? Date: 1/12/2012 Time: appr. 10:25 am If Claim is for Equitable Indemnity, give date claimant served with the complaint: Date: Birth Date of Claimant: Occupation of Claimant: Teacher Home Phone of Claimant: 760 6101646 Business Phone of Claimant: 760 5683201 Claimants Social Security No.: Names of any city employees involved in INJURY or DAMAGE: Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give street names and address and measurements from landmarks. The damage occurred in the right lane of Washington Ave. in La Quinta, south of Highway 111, about halfway between Calle Tampico and Highway 111. Describe in detail how the DAMAGE or INJURY occurred. 1 was in the right lane when I saw a construction sign (I think Awas a stop sign, but I am not sure) and a pylon in the left lane. The car In the left lane ran over the sign and it flew up. Then it either bounced off the car in the middle lane and hit my car or bounced oft the street and hit my car. Why do you claim the City is responsible? - There was a construction truck with the sign "right lane dosed ahead" shortly before the incidence happened and another construction vehicle and more pylons shortly after the debris hit my car. The object that hit my car was obviously connected to that construction. Describe in detail each INJURY or DAMAGE The left fender, the rim of the left front wheel, and the drivers door are damaged. Please see attached photos. SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 035 The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (EXACT): Estimated prospective damages as far as known: Future expenses for medical and hospital $NIA $yet unknoM care Damage to Property Expenses for medical and hospital care NIA Future loss of earnings $. - $NIA $NIA toss of earnings $, NIA Other prospective special damages $NIA special damages for $NIA Prospective general damages Total estimated prospective damages $NIA General damages ? Total damages incurred to date $. Total amount claimed as of date of presentation of this claim $ Was damage and/or injury investigated by pnlira? No if so what City?. Where paramedics or an ambulance called?. No if so, name, City or ambulance - if injured, state date, time, name and address of your initial visit WITNESSES to DAMAGE or INJURY: List all persons and address of person known to have information: Address. _Phone. Name _Phone Name, Address_ Phone Name Address DOCTOR AND HOSPITALS: Phone octor Address. Phone- D- otor Address- Phone. Donor _ ,Address. READ CAREFULLY For all accident claims place on following diagram name of streets, including North, South, East and West. Indicate place of accident by "X" and by showing house numbers or distances to street corners. If City vehicle was involved, designate by letter "A" location of City Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City Vehicle: location of City vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X". NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. L� $ 10EwALx PARKWAY SIDEWALK 7 % Signature of CIO ant or person filing on his behalf giving relationship Typed Name: to Claimant: 11.1tQ,4t 1340141r RenateSenters Date: 1/12/2012 NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim Is a felony (Pen. Code § 72.) it 036 - cFM OF COUNCII✓SA MEETING DATE: February 7, 2012 AGENDA CATEGORY: BUSINESS SESSION: _ ITEM TITLE: Denial of Claim for Damages Filed by: CONSENT CALENDAR: Dennis Bautista; Date of Loss - December 19, 2011 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Dennis Bautista; Date of Loss - December 19, 2011. FISCAL IMPLICATIONS: The amount of the claim was unspecified. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Dennis Bautista with a reported date of loss of December 19, 2011 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Dennis Bautista with a reported date of loss of December 19, 2011; or if 037 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, S� l& Terry Ltbeeringer, Hldman Resources/ General Services Manager Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Dennis Bautista, Claim for Damages 0 038 4 �'_ tlti1 V1 I MW FILE WITH: CLAIM FOR DAMAGES "EMT FOP Ff"q jT6@P CITY CLERK'S OFFICE P.O.Box 1504a TO PERSON OR PROPERTY P.O. Box7504 C LaQuinta,CA92253 CITY CLERK'S OFFICE INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code § 911.2.) 2. Claims for dama es to real property 9 p perry must be filed not later than 1 yearafter the occurrence. (Gov. -- -1 c Code § fire claim 3. Read entire claim form before filing. c— � � 4. See page 2 for diagram upon which to locate place of accident. r— o r*r 5. This daim form must be signed on page 2 at bottom. i— -'- 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET, x' T0: [Name of Cityj G a Da of BiM If WWWAL o (= Name of Claimant pOccupation of Cla' nt: C> n r� Home Address of Claimant City and Stat Horrre T lephone of imant 76 sY Business Address of Claimant: City and State Busin ss Telephone of Claimant - 5 '33S Give Give address and telephone number to which you desire notices or communications to be sent Claimants Social Security No.: regarding claim; 70)�� When did DAMAGE or INJURY occur? Date: /?'� & Time: /0-'M -t Names of any city employees involved in INJURY or DAMAGE: If Claim is for Equitable Indemnity, give date claimant served with the complaint Date: Where did DAMAGE or INJURY occur? Describe fully. and locate on diagram on reverse side of this sheet. Where aromrriate. rive street names and address and measurements from landmarks: lqy /'?w �> r/f awq �u � aw io#ko10 &u14�5 err--r )mq NrA'%1JWNg l 9MI 5i�7 .52tlAW1 AAu4,%o i#4�,i4,eMa Describe in detail how the DAMAGE or INJURY occurred. .�% l Qlll�R 51 9tltll q jj elz CAZ24 4.eIVWI,4410V ?fl 1r41AI, 04 y . Why do you claim the city is responsible? Describe in detail each INJURY or DAMAGE SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE H "' 039 The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: 'Damage to property .... I ........ _ _ ... $ _ __...... Future expenses for medical and hospital care Expenses for medical and hospital care ..... $_ ______________ Future Toss of earnings ....................$ Loss of earnings ........................ Special damages for $ $ Other prospective special damages ..........$ ..................... Prospective general damages .....:........$ General damages ...................... . $ Total estimated prospective damages .......$ Total damages incurred to date .......... $ _ Total amount claimed as of date of presentation of this claim: $ Was damage and/or injury investigated by poll NO If so, what city? Were paramedics or ambulance called? _ If so, name city or amb lance If injured, state date, time, name and address of doctor of your initial visit WITNESSES to AMAGE or INJURY: List all persons and addresses of ersons known to have infprmation: r Name SA�TfSTj Address/ _M"�� IA 42t_(2tli&t Phon��</� 2 Name ---Address Phone Name Address — _._ Phone DOCTOR AND HOSPIT S: Hospital Address _ Phone Doctor Address Phone Doctor Address _.� Phone READ CAREFULLY Forall accident claims place on following diagram name of streets, including North, accident by"A-1"and location of yourself or your vehide at the time of the accident East, South, And West; indicate place of accident by "X" and by showing house by "B•t".and the point of impact by "X.' numbers or distances to street comers. If City Vehicle was involved, designate by letter "A' location of City Vehicle when you first saw it, and by "B" location of yourself NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw CityVehicle; location of City vehicle at time of signed by claimant. - SIDEWALK CURB -. .. ' CURB mlyx ylr' a//IN S' ,sl�,tfli Signature of Claimant or person filing on his behaftgiving relationship Typed Name: Date: to Claimant NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code § 72.) It 040 4 XP Q"mrcu AGENDA CATEGORY: COUNCIL/SA MEETING DATE: February 7, 2012 BUSINESS SESSION: _ CONSENT CALENDAR: ITEM TITLE: Ratification of Authorization of Overnight STUDY SESSION: - Travel for One Member of the City Council to Attend PUBLIC HEARING: _ the Land Use Law and Planning Conference Held February 3, 2012 in Los Angeles, California RECOMMENDATION: Ratify the authorization of overnight travel for Council Member Kristy Franklin to attend the Land Use Law and Planning Conference held February 3, 2012 in Los Angeles, California. FISCAL IMPLICATIONS: The Fiscal Year 201 1 /2012 Budget has allocated funds for travel, training, and meetings for the City Council. Funds for this conference are available in the Legislative Program's Travel, Training, and Meetings account (No. 101-1001-411.51- 01). Expenditures for this conference are estimated as follows: Registration $495 Travel $145 Hotel and parking $188 Meals 0 day x $75) $75 TOTAL S903 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The University of California, Los Angeles (UCLA) Extension's annual Land Use Law and Planning Conference is the leading source of information on California land use legislation, case law, and the emerging issues that frame land use and development practices in the nation's most populous state. The program's unique cross -disciplinary approach explores the full range of perspectives drawn from the land use planning, legal, development, and environmental communities, and demonstrates how these il 041 factors influence the day-to-day work of planners, developers, environmental regulators, and attorneys. (Attachment 1) This conference, which was held on February 3, 2012, did not provide sufficient time for authorization of overnight travel by City Council. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Ratify the authorization of overnight travel for Council Member Kristy Franklin to attend the Land Use Law and Planning Conference held February 3, 2012 in Los Angeles, California; or 2. Do not ratify the authorization for overnight travel; or 3. Provide staff with alternative direction. Approved for submission by, Mark Weiss, Interim City Manager Attachment: 1. UCLA Extension's Land Use law and Planning Conference Registration Form 042 Attachment 1 14 043 The daxhp ba im M Me Grote at Fanun Ma Met In Lasaingnles, Cdlilamla. May 21, 2001 Qeage by Exist; scandal under the Grant* Commnrls Anrlbetcn-Share Mike 2b Generic defend About UCLA Extension. UCLA Extensionis the continuing education division of the University of California at Los Angeles (UCLA). We offer courses evenings and weekends in Westwood and Downtown LA., plus online classes available around the globe. Courses range from business, arts, engineering, and IT to entertainment studies,. public policy, public health, the humanities, and more. Explore UCLA Extension at: uclaextension.edu Enrollment Form Please Print Winter2012 Please fill In Information reeuestad helnw_ Reg* I course Title and Number Credit Status Fee W8588 Land Use Law and Planning conference Law 86A1 ❑3. nmrarclmt 5. [15 CE ❑ fld name Name (First/Middle/Last) ❑ Male ❑ Female Position or Title Organization (25 Character Limit) Business Address City/State2lP Area Code/DayCme Phone Email Address A roster of attendees will be made available at the conference. Please check the box below If you do not want your name included. ❑ Please do aotindude my name on the participant roster. ❑ Check enclosed payable to: The Regents of the University of California ❑ Purchase Order or Authorization to Bill Organization enclosed 0 Check enclosed payable to: The Regents of the University of California Charge: ❑ AmericanExpress ❑ Discover Mo/Yr ❑ MasterCard Authorizing Signature Expiration Date ❑ VISA Mail to: P.O. Box 24901, Dept. K, UCLA Extension, Los Angeles, CA 90024-0901 In order to tweed our canmuraty outreach eaods, we ask our students to canptare the following information. Providing this information is voluntary. it is rebounded for eutietiul purposes of - ❑ AaiaNPscinc Islander ❑ Caucaeim 73 Native Amwicanuglia a Native ❑ Bhcidgi icon Amencen a RiepanicAugeolCNc sho ❑ Other ❑ Decline to auto In accordance with apylioable federal laws and University policy, the University of California does not discriminate In any of Its poli- cies, Vocetlures, or Fractions on the basis of race, color, national origin, sex, sexual orientation, age, or disability. Inquiries regarding the University's equal opportunity policies may be directed to Offse of Registrar, UCLA Extension, Suite 214. 1W95 Le Conte Ave., /r Westwood. VoiceRDD: (310) 8258845. For information on services for students with disabilities, or questions about accessibility, O, .t 4 4 -]851 please call (310) 825lvoice or TTYI. 6. COUNCIL/RDA MEETING DATE: February 7, 2012 ITEM TITLE: Approval to Excuse Commissioner Allan Wilbur's Absence from the January 19, 2012, Historic Preservation Commission Meeting RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Approve a request from Commissioner Allan Wilbur to be excused from attending the January 19, 2012, Historic Preservation Commission meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "If a member absents him or herself from ...scheduled meetings ... (a) board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the City Council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or -excuse is granted by the City Council, the absence shall not be counted toward the ... limitations on absences." ..to 045 Staff has discussed this section with all Commissions and in response, Historic Preservation Commissioner Wilbur notified staff, just prior to the meeting, that he would be unable to attend the January 19, 2012, Historic Preservation Commission meeting. He has requested the City Council excuse him, after -the -fact, from that meeting. The request is being made as noted in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request from Commissioner Allan Wilbur to be excused from attending the January 19, 2012, Historic Preservation Commission meeting; or 2. Deny Commissioner Wilbur's request; or 3. Provide staff with alternative direction. Respectfully Planning Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Request from Commissioner Wilbur 4 p46 ATTACHMENT 1 Walker From: Wilbur, Allan (awilburCaosusd.us) [mailto:awilburCaDosusd.usl Sent: Thursday, January 19, 2012 1:36 PM To: Carolyn Walker Subject: HPC Meeting Today Carolyn, 1 am confirming that I will not be able to attend the Jan.19, HPC meeting due to a schedule conflict with my teaching duties. . I have an elementary school class in Palm Springs and school does not dismiss until 3:25 pm. Please excuse me from the meeting today. Thank you, Allan Wilbur HPC Commissioner CONFIDENTIALITY STATEMENT: The information in this e-mail inclusive of any attachment(s) is covered by the Electronic Communications Privacy Act, 18 USC SS 2510-2521 and is legally privileged. It is intended only for the attention and use of the named recipient. If you are not the intended recipient, you are not authorized to retain, disclose, copy or distribute the message and/or any of its attachments. If you received this e-mail in error, please notify me by return email and delete this message. 047 ME TWO r COUNCIL/SA MEETING DATE: February 7, 2012 ITEM TITLE: Acceptance of the City of La Quinta Government Accounting Standards Board 45 Valuation as of July 1, 2011 AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept the City of La Quinta (City) Government Accounting Standards Board (GASB) 45 Valuation as of July 1, 2011. FISCAL IMPLICATIONS: The upcoming Fiscal Year 2012/2013 Annual Budget and the Fiscal Year 201 1 /2012 Comprehensive Annual Financial Report (CAFR) will reflect a general fund reserve of $1,523,401, which represents the present value of future post -retirement benefits for current and future retirees as of July 1; 2011. In addition, GASB 45 requires that the Fiscal Year 201 1 /2012 CAFR have a footnote reporting the difference of the Annual Required Contributions (ARC) as calculated by the actuary of $138,992 and the pay- as-you-go amount estimated to be $17,039 or $121,953 as a liability. The term "Annual Required Contributions" is misleading in that GASB 45 does not actually require that the City pre -fund this amount. However, the shortfall of the pay-as-you-go amount to the ARC, $121,953, will be reflected in the City's CAFR Statement of Net Assets as of June 30, 2012. While the Fiscal Year 2011/2012 Statement of Net Assets will not be available until August 2012, the prior year Fiscal Year 2010/201 1 CAFR reported net assets in governmental activities of $480.8 million, so the $121,953 will have little impact on this statement. This liability account will increase from year to year as the excess of the ARC over the pay-as-you-go amounts accumulate. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City, as most governmental agencies, has been paying their other post retirement employee benefits (OPEB) on a pay-as-you-go basis. The City has a relatively low OPEB obligation since it has limited the OPEB contribution to the legal minimum under the Public Employees Retirement System (PERS) medical benefit program. The City does not have any other OPEB programs beside the PERS medical benefits program. As a PERS medical benefits program member, the City is required to make a minimum employer contribution toward the total medical premium for only those retirees who elect to receive PERS medical benefits under Section 22892 of the Public Employee's Medical and Hospital Care Act (PEMHCA). PEMHCA establishes the minimum health care premium contributions each year, which for calendar year 2012 is $112 per month. This rate is adjusted annually for the medical component of the CPI -Urban Wage Earners. The program parameters are further discussed in the Post Retirement Coverage in the actuarial report (Attachment 1). The City has twelve 0 2) retirees who have retired and elected to continue to receive PERS medical benefits. The actuarial report assumes that 60 percent of future retirees will elect to participate in the PERS medical program upon retirement. The City must obtain actuarial valuations of its retiree health insurance program under GASB 45 not less frequently than once every three years. GASB 45 requires agencies to establish the requirements for the measurement of these OPEB expenditures and establishes the reporting requirements for these future liabilities. In addition, GASB 45 dictates how these expenditures and liabilities will be reported in the financial statements. In some ways, all that GASB 45 does is to require employers to plan for their OPEB liabilities in the same way they are required to plan for their future retirement (PERS) liabilities. Before GASB 45, the future liabilities and the actuarial ARC were not required to be disclosed in the CAFR. As a result of GASB 45, governmental agencies are now required to plan for these future OPEB liabilities. In June 2004, GASB issued accounting standards for retiree healthcare benefits, GASB 43 and GASB 45. As mentioned earlier, GASB 45 requires public employers such as the City to perform periodic actuarial valuations to measure and disclose their retiree healthcare liabilities for the financial statements of both the employer and a trust be established to set aside to pre -fund these benefits. GASB 45 will require the City to disclose an unfunded liability for the City's current and future retiree health cost obligation both in the footnotes and on the balance sheet of the City's financial statements. To accomplish these objectives, the City selected Demsey, Filliger and Associates (DF&A) to perform an actuarial valuation of the retiree health insurance program as of 049 July 1, 2008. On June 16, 2009, the City Council accepted the actuarial valuation of the retiree health insurance program as of July 1, 2008 and approved the establishment of an Actuarial Liability General Fund Reserve. On January 4, 2012, DF&A performed the BASB 45 actuarial valuation of the City's retiree health insurance program as of July 1, 2011. Based on the study they performed, DF&A determined that the amount of the actuarial liability for current and future retirees as of July 1, 2011 is $1,523,401. This was done based upon a census of the current employees and our retirees. If the City were to place this amount in a fund earning interest at a rate of 5 percent annually, and if all other actuarial assumptions were met, the fund would have exactly enough to pay all expected benefits. Staff is recommending continuing in Fiscal Year 2012/2013, and possibly Fiscal Year 2013/2014, the current practice of paying for the OPEB on a pay-as-you-go basis. Staff ultimately believes that it should begin the practice of moving away from the pay-as-you-go practice and begin a funding level closer to the ARC. On page 6 of 14 of the actuarial report, four different funding strategies are listed. Staff has reviewed these strategies and is recommending a level contribution for twenty years be considered in the future. It is important to understand that the level amount of $119,300 will change each time the actuarial report is prepared since each report looks at investment gains and losses or plan performance in determining future contributions into the plan. In order to move to this level contribution program, the City must establish a trust, which is outside the City's control to manage these contributions. GASB 45 does not allow for the City to administer this OPEB program internally. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the City of La Quinta GASB 45 Valuation as of July 1, 201 1; or 2. Do accept the City of La Quinta .GASB 45 Valuation as of July 1, 201 1; or 3. Provide staff with alternative direction. 4 r50 Respectfully submitted, O an na Management Analyst Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. City of La Quinta GASB 45 Valuation as of July 1, 2011 051 Attachment 1 OL Demsey Filliger + ASSOC IATES January 4, 2012 Mr. Oscar Santana Management Analyst City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Re: City of La Quinta ("City") GASB 45 Valuation Dear Mr. Santana: This report sets forth the results of our GASB 45 actuarial valuation of the City's retiree health insurance program as of July 1, 2011. In June, 2004 the Government Accounting Standards Board (GASB) issued its final accrual accounting standards for retiree healthcare benefits, GASB 43 and GASB 45. GASB 43/45 require public employers such as the City to perform periodic actuarial valuations to measure and disclose their retiree healthcare liabilities for the financial statements of both the employer and the trust, if any, set aside to pre -fund these liabilities. The City must obtain actuarial valuations of its retiree health insurance program under GASB 43/45 not less frequently than once every three years. To accomplish these objectives the City selected Demsey, Filliger and Associates (DF&A) to perform an actuarial valuation of the retiree health insurance program as, of July 1, 2011. This report may be compared with the valuation performed by DF&A as of July 1, 2008, to see how the liabilities have changed since the last valuation. We are available to answer any questions the City may have concerning the report. Financial Results We have determined that the amount of actuarial liability for City -paid retiree benefits is $1,523,401 as of July 1, 2011. This represents the present value of all benefits expected to be paid by the City for its current and future retirees. If the City were to place this amount in a fund earning interest at the rate of 5.0% per year, and all other actuarial assumptions were exactly met, the fund would have exactly enough to pay all expected benefits. Demsey, Filliger & Page I of 14 1/4/2012 Associates 052 This includes benefits for 12 retirees as well as 94 active employees who may become eligible to retire and receive benefits in the future. It excludes employees hired after the valuation date. When we apportion the $1,523,401 into past service and future service components under the Projected Unit Credit Cost Method, the past service liability (or "Accrued Liability") component is $907,015 as of July 1, 2011. This represents the present value of all benefits earned to date assuming that an employee earns retiree healthcare benefits ratably over his or her career. The $907,015 is comprised of liabilities of $609,144 for active employees and $297,871 for retirees. Because the City has not established an irrevocable trust for the pre -funding of retiree healthcare benefits, the Unfunded Accrued Liability (called the UAL, equal to the AL less Assets) is also $907,015. GASB 45 had an effective date of July 1, 2008 for the City. GASB 43, pertaining to the financial statements of a retiree trust itself, would have taken effect one year earlier (June 30, 2008); however, the City has no trust at present so GASB 43 is not yet applicable. We have determined that City of La Quinta's "Annual Required Contributions", or "ARC", for the fiscal year 2011-12, is $138,992. The $138,992 is comprised of the present value of benefits accruing in the current year, called the "Service Cost", and a 30-year amortization of the UAL. We estimate that the City will pay approximately $1.7,039 for the 2011-12 fiscal year in healthcare costs for its retirees and their covered dependents, so the difference between the accrual accounting expense (ARC) and pay-as-you-go is an increase of $121,953. There are two adjustments to the ARC that are required in order to determine the City's Annual OPEB Cost (AOC) for the 2011-12 fiscal year. We have calculated these adjustments based on a Net OPEB Obligation (NOO) of $337,311 as of June 30, 2011, resulting in an AOC for 2011-12 of$133,915. We show these numbers in the table on the next page and in Exhibit II. All amounts are net of expected future retiree contributions, if any. Demsey, Filliger & Page 2 of 14 1 /4 2012 4Associates 053 City of La Quinta Annual Liabilities and Expense under GASB 45 Accrual Accounting Standard Projected Unit Credit Cost Method Present Value of Future Benefits (PVFB) Active Retired Total: PVFB Accrued Liability (AL) Actives Retired Total: AL Assets Annual Required Contributions (ARC) Service Cost At Year -End 30-year Amortization of Unfunded AL Total: ARC Adjustments to ARC Interest on Net OPEB Obligation* Adjustment to ARC* Total: Annual OPEB Cost (AOC) for 2011-12 Amounts for $1,225,530 297,871 $1,523,401 $609,144 297,871 $907,015 $79,989 59,003 $138,992 *Amounts based on June 30, 2011 Net OPEB Obligation of $337,311. The ARC of $138,992, shown above, should be used without adjustment for the 2011-12, 2012-13 and 2013-14 fiscal years, but the Annual OPEB Cost for the 2012-13 fiscal year must include an adjustment based on the Net OPEB Obligation (NOO) as reported in the June 30, 2012 financial statement, which has not yet been determined precisely. When the City begins preparation of the June 30, 2012 government -wide financial statements, DF&A will provide the City and its auditors with complimentary assistance in preparation of footnotes and required supplemental information for compliance with GASB 45 (and GASB 43, if applicable). Demsey, Filliger & Page 3 of 14 1/4/2012 Associates 0 5 4 n Differences from Prior Valuation The most recent prior valuation was completed as of July 1, 2008 by DF&A. The AL (Accrued Liability) as of that date was $590,676 (see page 3 of the prior report), compared to $907,015 as of July 1, 2011. In this section, we provide a reconciliation between the two numbers so that it is possible to trace the AL from one actuarial report to the next. Several factors have caused the AL to change since 2008. The passage of time increases the AL as the employees accrue more service and get closer to receiving benefits. There are actuarial gains/losses from one valuation to the next, and changes in actuarial assumptions and methodology for the current valuation. To summarize, the most important changes were as follows: 1. We increased the initial healthcare trend rate from 5% to 8% to reflect our expectations of an approaching spike in medical trend, coupled with the uncertain effects of the recently enacted federal healthcare legislation. This change caused an increase in the AL of $13,365. 2. The PERS Health administrative charge was lowered from 0.45% of premium to 0.36% of premium. This change caused a decrease in the AL of $4,013. 3. There was a net census gain (a decrease in the AL) of $22,468, primarily due to a reduction in staff size. The estimated changes to the AL from July 1, 2008 to July 1, 2011 may be summarized as follows: Changes to AL AL AL as of 7/1/08 $590,676 Passage of time 329,455 Change in trend rates 13,365 Change in PERS Health admin. charge (4,013) Census (gain) (22,468) AL as of 7/1/11 $907,015 Demsey, Filliger & Page 4 of 14 Associates It 055 1 /4/2012 GASB 43 and GASB 45 Compliance Issues There are two considerations regarding GASB 43 and GASB 45 that we would like to mention at this point: (1) Both statements specify that in order for a retiree fund to be counted as "assets" for purposes of the statements, the fund must be set aside in a separate, irrevocable trust, that may not be used for any purpose besides the payment of plan benefits to retirees. The trust must also be beyond the reach of creditors of both the employer and/or the plan administrator, if any. For example, an earmarked reserve in the general fund is not expected to meet this definition of "assets". We recommend that the City consider taking steps to establish a retiree fund that meets the GASB requirements, as soon as possible. (2) There has been some confusion among public agencies throughout California over what GASB 45 does and does not require. Specifically, many agencies initially believed that GASB 45 required pre -funding of retiree healthcare plans. This is not the case - the standard applies only to the expense to be charged to the agencies' income statements. Contributing to the confusion is the terminology used in both GASB 43 and GASB 45 for the annual expense - it's called the "Annual Required Contributions", even though it's neither required nor (necessarily) contributed. Relationship between GASB 45 And City Funding Policy We do not believe that it is necessary or even desirable for an agency to establish a policy of funding exactly the ARC on a cash basis each year. The reasons for this are a bit complex and beyond the scope of this report, but the important thing to understand is that GASB 45 pertains to the income statement, and funding pertains to cash flow, and there is no,need for the two to be directly linked, at least for now. Despite these concerns, we do recommend that the City adopt a policy of pre -funding its retiree healthcare plan as soon as possible. The benefits of pre -funding into an irrevocable retiree trust are numerous. To name a few, the City can expect the establishment of an irrevocable trust to result in: (1) improved return on investments; (2) healthier City financial statements; (3) lower ARC in future years (since pre -funded amounts reduce future years' amortization charges on the Unfunded AL, and the actuary may use a higher discount rate); (4) more predictable and manageable cash flows; and (5) greater economic security for City employees and retirees. Demsey, Filliger & Page 5 of 14 Associates 1/4/2012 -.1i 056 Funding Schedules There are many ways to approach the pre -funding of retiree healthcare benefits. In the Financial Results section; we determined the annual expense for all City -paid benefits. The expense is an orderly methodology, developed by the GASB, to account for retiree healthcare benefits. This amount will fluctuate from year to year based on the asset performance and as the population matures. It will eventually reach zero when the last eligible retiree dies. The GASB 45 expense has no direct relation to amounts the City may set aside to pre -fund healthcare benefits. The table on the next page provides the City with three alternative schedules for funding (as contrasted with eeWensing) retiree healthcare benefits. The schedules all assume that the retiree fund earns 5.0% per annum on its investments, and that contributions and benefits are paid mid -year. The schedules are: 1. A level contribution amount for the next 20 years. 2. A level percent of the Unfunded Accrued Liability. 3. A constant percentage (3%) increase for the next 20 years. We provide these funding schedules to give the City a sense of the various alternatives available to it to pre -fund its retiree healthcare obligation, The three funding schedules are simply three different examples of how the City may choose to spread its costs. By comparing the schedules, you, can see the effect that early pre -funding has on the total amount the City will eventually have to pay. Because of investment earnings on fund assets, the earlier contributions are made, the less the City will have to pay in the long run. Of course, the advantages of pre -funding will have to be weighed against other uses,of the money. The table on the following page shows the required annual outlay under the pay-as-you-go method and each of the above schedules. The three funding schedules include the "pay-as-you- go" costs; therefore, the amount of pre -funding is the excess over the "pay-as-you-go" amount. These numbers are computed on a closed group basis, assuming no new entrants, and using unadjusted premiums. 0 Demsey, Filliger & Page 6 of 14 1/4/2012 Associates y 057 City of La Ouinta Sample Fundine Schedules (Closed Group) Fiscal Year Beginning Pay-as-you-go Level Contribution for 20 years Level% of Unfunded Liability* Constant Percentage Increase 2011 $17,039 $119,300 $217,684 $93,123 2012 19,881 119,300 179,562 95,917 2013 23,492 119,300 149,264 98,794 2014 27,269 119,300 125,319 101,758 2015 31,236 119,300 106,482 104,811 2016 35,626 119,300 91,752 107,955 2017 40,398 119,300 80,346 111,194 2018 45,470 119,300 71,625 114,530 2019 50,558 119,300 65,068 117,965 2020 55,769 119,360 60,227 121,504 2021 61,204 119,300 56,753 125,150 2022 67,057 119,300 54,369 128,904 2023 73,416 119,300 52,870 132,771 2024 79,947 119,300 52,089 136,754 2025 86,527 119,300 51,867 140,857 2026 93,348 119,300 52,064 145,083 2027 100,495 119,300 52,581 149,435 2028 107,574 119,300 53,340 153,918 2029 113,995 119,300 54,250 158,536 2030 120,663 119,300 55,200 163,292 2031 127,329 0 56,163 0 2032 133,743 0 57,098 0 2033 139,968 0 57,956 0 2034 145,718 0 58,703 0 2035 150,500 0 59,299 0 2036 154,760 0 59,684 0 2037 158,459 0 59,843 0' 2038 161,488 0 59,763 0 2039 163,821 0 59,432 0 2040 165,362 0 58,846 0 2041 165,949 0 57,999 0 2042 165,537 0 56,886 0 2043 164,158 0 55,508 0 2044 161,785 0 53,874 0 2045 158,390 0 51,996 0 2046 154,051 0 49,891 0 2047 148,809 0 47,584 0 2048 142,738 0 45,099 0 2049 135,895 0 42,469 0 2050 128,385 0 39,726 0 2055 85,530 0 25,550 0 2060 45,491 0 13,525 0 2065 19,396 0 5,822 0 2070 7,135 0 1,959 0 2075 2,207 0 659 0 Demsey, Filliger & Page 7 of 14 1/4/2012 Associates 058 Actuarial Assumptions In order to perform the valuation, the actuary must make certain assumptions regarding such items as rates of employee turnover, retirement, and mortality, as well as economic assumptions regarding healthcare inflation and interest rates. Our assumptions are based on a standard set of assumptions we have used for similar valuations, modified as appropriate for the City. For example, turnover rates are taken from a standard actuarial table, T-5, increased by 125% at all ages. This closely matches the City's historic turnover patterns. Retirement rates were also based on recent City retirement patterns. Both assumptions should be reviewed in the next valuation to see if they are tracking well with experience. The discount rate of 5.0% is based on our best estimate of expected long-term plan experience. It is in accordance with our understanding of the guidelines for selection of this rate under GASB 45 for unfunded plans such as the City's. The healthcare trend rates are based on our analysis of recent City experience and our knowledge of the general healthcare environment. For purposes of projecting the PEMHCA administrative fee, we used the average equivalent single -retiree premium based on current retiree health planselection. A complete description of the actuarial assumptions used in the valuation is set forth in the "Actuarial Assumptions" section. Projected Annual Pay -as -you go Costs As part of the valuation, we prepared a projection of the expected annual cost to the City to pay benefits on behalf of its retirees on a pay-as-you-go basis. These numbers are computed on a closed group basis, assuming no new entrants, and are net of retiree contributions. Projected pay-as- you-go costs for selected years are as follows: FYB Pay-as-you-go 2011 $17,039 2012 19,881 2013 23,492 2014 27,269 2015 31,236 2020 55,769 2025 86,527 2030 120,663 2035 150,500 2040 165,362 2045 158,390 2050 128,385 2055 85,530 2060 45,491 2065 19,396 2070, 7,135 2075 1 2,207 Derosey, Filliger & Page 8 of 14 1/4/2012 Associates if 059 Breakdown by Employee/Retiree Group Exhibit I, attached at the end of the report, shows a breakdown of the GASB 45 components (ARC, AL, Service Cost, and PVFB) by bargaining unit (or non -represented group) and separately by active employees (future retirees) and current retirees. Net OPEB Obligation (NOO) and Annual OPEB Cost (AOC) Exhibit II shows a development of the City's Net OPEB Obligation ("NOO") as of June 30, 2009, 2010, and 2011, and the Annual OPEB Cost ("AOC") for the fiscal years 2009-10, 2010-11, and 2011-12. Certification The actuarial certification, including a caveat regarding limitations of scope, if any, is contained in the "Actuarial Certification" section at the end of the report. We have enjoyed working with the City on this report, and are available to answer any questions you may have concerning any information contained herein. Sincerely, DEMSEY, FILLIGER AND ASSOCIATES T. Louis Filliger, FSA, EA, MAAA Partner & Actuary Demsey, Filliger & Page 9 of 14 - 1/4/2012 Associates ..• 060 Benefit Plan Provisions This report analyzes the actuarially projected costs of the City of La Quinta's retiree health insurance program. Our findings and assumptions are based on census data as of the valuation date and PEMHCA premiums blended 50-50 for calendar years 2011 and 2012. Active Employee Coverage Medical coverage is provided through CaIPERS under the Public Employees' Medical and Hospital Care Act (PEMHCA), also referred to as PERS Health. Employees can choose one of five medical options: Blue Shield Access HMO, Kaiser HMO, PERSCare PPO, PERSChoice PPO, and PERS Select PPO. The City sets its monthly contribution rates for health insurance on behalf of active employees according to the PEMHCA statutory minimum ($108.00/month for calendar 2011 and $ 112.00/month for calendar 2012.) These amounts are indexed (increased) in all future years according to the rate of medical inflation. The City pays a 0.36% of premium administrative charge for all active employees. Post -Retirement Coverage The City offers the same medical plans to its retirees as to its active employees, with the general exception that upon reaching age 65 and becoming eligible for Medicare, the retiree must join one of the Medicare Supplement coverages offered under PEMHCA. Employees become eligible to retire and receive City -paid healthcare benefits upon attainment of age 50 and 5 years of covered PERS service, or by attaining qualifying disability retirement status. The City's contribution on behalf of all eligible retirees is the same as for active employees ($108.00/month for calendar 2011 and $112.00/month for calendar 2012, increased in all future years according to the rate of medical inflation.) The'City pays a 0.36% of premium administrative charge on behalf of all retirees. The following table shows January 1, 2011 monthly PERS Health (PEMHCA) premiums for retirees within the "Other Southern California" region: Blue Shield Access HMO Kaiser HMO PERS Care PPO PERS Choice PPO PERS Select PPO Basic Plan Retiree $567.87 $477.95 $819.18 $516.28 $451.48 Retiree +l 1,135.74 955.90 1,638.36 1,032.56 902.96 Family 1,476.46 1,242.67 2,129.87 1,342.36 1,173.85 Medicare Supplement $337.88 $282.30 $433.66 $375.88 $375.88 Retiree Retiree + 1 675.76 564.60 867.32 751.76 751.76 Family 1,013.64 1 846.90 1 1,300.98 1 1,127.64 1 1,127.64 Demsey, Filliger & Page 10 of 14 1/4/2012 Associates C61 Valuation Data Active and Retiree Census Age distribution of retirees included in the valuation Under 55 0 55-59 2 60-64 8 65-69 1 70+ 1 Total 12 Average Age 62.33 Age/Years of service distribution of active employees included in the valuation Years 04 5-9 10-14 15-19 20-24 25-29 30+ Total Age <25 0 0 25-29 2 2 4 30-34 3 7 1 11 35-39 2 5 1 0 8 40-44 4 6 3 0 2 15 45-49 2 6 3 0 1 0 12 50-54 5 5 3 2 1 2 0 18 55-59 3 6 3 0 0 0 0 12 60-64 1 2 2 2 0 1 0 8 65+ 1 0 1 3 0 1 0 6 All Ages 23 39 17 7 4 4 0 94 Average Age: 47.96 Average Service: 8.65 Demsey, Filliger & Associates Page I 1 of 14 1/4/2012 C62 Actuarial Assumptions The liabilities set forth in this report are based on the actuarial assumptions described in this section. Valuation Date: July 1, 2011 Actuarial Cost Method: Projected Unit Credit Amortization Method: 30-year level dollar, open period Discount Rate: 5.0% per annum Return on Assets: 5.0% per annum Pre -retirement Turnover: According to the Crocker-Sarason Table T-5 less mortality, increased by 125% at all ages. Sample rates are as follows: 25 17.4% 30 16.2 35 14.1 40 11.6 45 8.9 50 5.8 55 2.1 Pre -retirement Mortality: 1994 Group Annuity Mortality, male and female tables. Sample deaths per 1,000 employees are as follows: Age Males Females 25 0.71 0.31 30 0.86 0.38 35 0.92 0.51 40 1.15 0.76 45 1.70 1.05 50 2.77 1.54 55 4.76 2.47 60 1 8.58 4.77 Post -retirement Mortality: 1994 Group Annuity Mortality, male and female tables. Sample deaths per 1,000 retirees are as follows: Age Males Females 65 15.63 9.29 70 25.52 14.73 75 40.01 24.39 80 66.70 42.36 85 104.56 72.84 90 164.44 125.02 Demsey, Filliger & Page 12 of 14 1/4/2012 Associates C 6 `) Claim Cost per Retiree or Spouse: Retirement Rates: Actuarial Assumptions (Continued) Age Medical/ 55-64 $5,984 65+ 4,511 50-54 2.0% 55-57 5.0 58-59 8.0 60-61 12.0 62 15.0 63 20.0 64 25.0 65 50.0 66 60.0 67 100.0 Of those having met eligibility to receive PERS retirement benefits. The percentage refers to the probability that an active employee who has reached the stated age will retire within the following year. Trend Rate: Healthcare costs were assumed to increase according to the following schedule: FYB MedicaVRx 2011 8.0% 2012 7.0 2013 6.0 2014+ 5.0 Waiving Coverage: 40% (applies to future retirees only) Inflation: 4.0% per year (used to project PERS statutory minimum) of Retirees with Spouses: Future Retirees: 80% of future retirees were assumed to have spouses at the time of retirement. Female spouses assumed three years younger than male spouses. Current Retirees: Based on actual spousal data. Dern sey, Filliger & Page 13 of 14 1/4/2012 Associates - t� ; 064 Actuarial Certification The results set forth in this report are based on our actuarial valuation of the health and welfare benefit plans of the City of La Quinta ("City") as of July 1, 2011. The valuation was performed in accordance with generally accepted actuarial principles and practices. We relied on census data for active employees and retirees provided to us by the City in October, 2011. We also made use of claims, premium, expense, and enrollment data, and copies of relevant sections of healthcare documents provided to us by the City. The assumptions used in performing the valuation, as summarized in this report, and the results based thereupon, represent our best estimate of the actuarial costs of the program under GASB 43 and GASB 45, and the existing and proposed Actuarial Standards of Practice for measuring post - retirement healthcare benefits. Throughout the report, we have used unrounded numbers, because rounding and the reconciliation of the rounded results would add an additional, and in our opinion unnecessary, layer of complexity to the valuation process. By our publishing of unrounded results, no implication is made as to the degree of precision inherent in those results. Clients and their auditors should use their own judgment as to the desirability of rounding when transferring the results of this valuation report to the clients' financial statements. The undersigned actuary meets the Qualification Standards of the .American Academy of Actuaries to render the actuarial opinion contained in this report. Certified by: T. Louis Filliger, FSA, EA, MAAA Date: 1/4/12 Partner & Actuary Demsey, Filliger & Page 14 of 14 Associates 1/4/2012 C65 N_ O N V 7 Or0 O O O OQi ti W L N h b T r V1 fn N N OOi r � = V3 V3 fH EA fA EA V3 F O ti a .0 's ti ro v 0 a q 00 Vl r v1 N N �O r b o0 .-. b W W h r N O N � ti O G W T fR 69 69 69 fA EA N F O N O a G a O iC lz L N G � � O � a a rp a ¢ E b ¢ o W o 7 0 ice+ 99 G C v A Via' y Q a v 3 i ro O N, d'd 12 06 066 City of La Quinta Development of Annual OPEB Costs Net OPEB Obligation 6/30/2008 ARC for 2008-9 Interest on Net OPEB Obligation Amortization adjustment to ARC Annual OPEB Cost 2008-9 Employer Contribution Net OPEB Obligation 6/30/2009 ARC for 2009-10 Interest on Net OPEB Obligation Amortization adjustment to ARC Annual OPEB Cost 2009-10 Employer Contribution Change in Net OPEB Obligation 2009-10 Net OPEB Obligation 6/30/2009 Net OPEB Obligation 6/30/2010 ARC for 2010-11 Interest on Net OPEB Obligation Amortization adjustment to ARC Annual OPEB Cost 2010-11 Employer Contribution Change in Net OPEB Obligation 2010-11 Net OPEB Obligation 6/30/2010 Net OPEB Obligation 6/30/2011 ARC for 2011-12 Interest on Net OPEB Obligation Amortization adjustment to ARC Annual OPEB Cost 2011-12 Demsey, Filliger & Associates Amount 116,821 116,821 8,877 107,944 116,821 5,397 (4,181) 118,037 3,515 114,522 107,944 222,466 116,821 11,299 9,015) 119,105 4,260 114,845 222,466 337,311 138,992 16,866 21,943) 133,915 Exhibit I1 1/4/2012 It 067 T-itf 4 4 a" COUNCIL/SA MEETING DATE: February 7, 2012 ITEM TITLE: Approval of a Cooperative Agreement with the County of Riverside for the Operation and Maintenance of Traffic Signals and Safety Lighting at Shared Boundaries RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: (� CONSENT CALENDAR: 1 STUDY SESSION: PUBLIC HEARING: Approve a cooperative agreement with the County of Riverside for the operation and maintenance of traffic signals and safety lighting at shared boundaries and authorize the Mayor to execute the agreement. FISCAL IMPLICATIONS: Under the proposed agreement (Attachment 1), the maintenance costs for the two (2) traffic signals jointly owned by the City of La Quinta and the County of Riverside would be distributed as follows: 1. Intersection of Fred Waring Drive and Dune Palms Road - sixty-seven percent (67%) by La Quinta, thirty-three percent (33%) by County. 2. Intersection of Fred Waring Drive and Adams Street - seventy-five percent (75%) by La Quinta, twenty-five percent (25%) by County. Currently, the City of La Quinta maintains the above mentioned traffic signals that are located on shared boundaries with the County of Riverside. With the approval of the cooperative agreement, La Quinta will be able to recover the signal maintenance and operational costs from the County at the percentages shown above. The approximate increase in revenue anticipated with the approval of this agreement is $450 per year. CHARTER CITY IMPLICATIONS: None. C68- BACKGROUND AND OVERVIEW: i In the past, the City of La Quinta contracted with the County of Riverside for traffic signal and safety lighting maintenance services and the County billed the City for the percentages of the intersections owned by the City. The City now has a full-time traffic signal technician, so individual signal maintenance costs can now be determined with enough accuracy to generate invoices for signals shared with adjacent agencies. On December 13, 2011, the County of Riverside approved the attached cooperative agreement for the operation and maintenance of traffic signals and safety lighting at shared boundaries. Staff recommends approval of the cooperative agreement allowing the City. to invoice the County of Riverside for their fair share of the traffic signal maintenance costs. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a cooperative agreement with the County of Riverside for the Operation and Maintenance of Traffic Signals and Safety Lighting at Shared Boundaries and authorize the Mayor to execute the agreement; or 2. Do not approve a cooperative agreement with the County of Riverside for the Operation and Maintenance of Traffic Signals and Safety Lighting at Shared Boundaries and do not authorize the Mayor to execute the agreement; or 3. Provide staff with alternative direction. Respectfully submitted, mothy ono� i�on, P.E. Public Works DHctor/City Engineer Approved for submission liy: Mark Weiss, Interim City Manager C69 Attachment: 1. Cooperative Agreement with the County of Riverside for Operation and Maintenance of Traffic Signals and Safety Lighting at Shared Boundaries 070 ATTACHMENT 1 COUNTY OF RIVERSIDE ��4 TRANSPORTATIONAND ., LAND MANAGEMENTAGENCY Transportation Department Jza,t C. Perez Director of Trmuportation January 28, 2012 Timothy R. Jonasson Public Works Director/City Engineer City of La Quinta. P.O. Box 1504 La Quinta, CA 92247-1504 RE: Cooperative Agreement for Operation and Maintenance of Traffic Signals and Safety Lighting Dear Mr. Jonasson Enclosed are four (4) col signals on the boundary Riverside Board of Sipe approved by the City. After approVSt l5yA he Cit Copy" and. "Transpeoatl County of Riverside T-T , Riverside, CA 92504-';;:. If yorr-ttaacfrt anr.aueatioru Sincerely, Jack Cummings Technical Engineering Unit Supervisor enclosures (4) cc: Juan Perez, Director of Transportation Paul Russell, Highway Operations Superintendent 2950 Washington Street • Riverside, Caiifomia 92504 DTI OFFICE (951) 955-6885 • FAX (951) 276-9648 Contract No. �%' /!3 Riverside Co. Transportation COOPERATIVE AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY LIGHTING This agreement (hereinafter "Agreement") entered into this _ day of 2011, is between the City of La Quinta, a California municipal corporation, referred to herein as "LA QUINTA" and the County of Riverside, referred herein as "COUNTY." LA QUINTA and COUNTY are collectively referred to in this Agreement as "PARTIES." 'cr Q RECITALS d Q. 1) LA QUINTA and COUNTY desire to specify the terms and conditions under — — which-trafffo signals on sharrfd-boundanes wiltbe mainfafned as well as the _obligatiens and --responsibilities of the PARTIES 0 2) Two (2) traffic signals are jointly owned by LA QUINTA and COUNTY as follows: a) Intersection of Fred Waring Drive and Dune Palms Road — Sixty-seven percent (67%) by LA QUINTA, thirty-three percent (33%) by COUNTY. b) Intersection of Fred Waring Drive and Adams Street — Seventy-five percent (75%) by LA QUINTA, twenty-five percent (25%) by COUNTY. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the PARTIES agree as follows: Section 1) Scope of Services: LA QUINTA shall provide routine maintenance work and emergency call -out service on traffic signals, street safety lighting, flashing beacons, and other electrically operated traffic control or warning devices associated with the traffic signals. Routine maintenance services hereunder shall include the following work: inspect the signal system and clean the control cabinet every eight (8) weeks; clean and re -lamp signal heads as required; clean and re - lamp luminaires as required. Emergency call -out services shall include all repairs and maintenance of the subject traffic control and warning devices or DEC 132011 3.2?3 072 reasonable temporary measures necessary to preserve the public safety in the event of a signal system failure. LA QUINTA shall apply to the local power company for service and arrange for delivery of electrical power to the signals. 2) Extra Work: In the event that LA QUINTA determines that any work it has been requested or directed to perform is beyond the scope of this Agreement and therefore constitutes extra work ("Extra Work"), LA QUINTA shall promptly notify COUNTY of that determination before performing such Extra Work. If COUNTY agrees that the requested work constitutes Extra Work, and authorizes LA QUINTA, in writing, to perform the Extra Work, COUNTY shall provide extra compensation to LA QUINTA upon a fair and equitable basis in accordance with LA QUINTA's standard rates. LA QUINTA shall determine whether such work constitutes Extra Work, however, COUNTY shall be entitled to any and all legal remedies in the event of a dispute concerning such determination. 3) Records: Records for the work provided under this Agreement shall be kept by LA QUINTA and shall include the costs of all services performed. Such records shall be maintained for at least two (2) years and, upon reasonable notice, shall be made available for inspection by COUNTY. 4) Term and Termination: Once signed by all PARTIES, this Agreement shall remain in force until terminated in accordance with this section. This Agreement may be terminated by any PARTY hereto upon thirty (30) days written notice to the other PARTY of such termination. Any payment obligations outstanding shall survive such termination. 5) Invalid Provision: The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. OU 6) Amendment and Waiver: This Agreement may be amended or revoked at any time by a written agreement executed by LA QUINTA and COUNTY. No change or . modification of this Agreement shall be valid unless the same is in writing and signed by all PARTIES. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the PARTY granting such waiver, and in no event shall any such waiver be deemed to be a waiver of any other term, covenant or condition of this Agreement. 7) Attorneys' Fees: In the event that any PARTY to this Agreement shall bring action to enforce the provisions of this Agreement or as a result of any default in the performance of any of the provisions of this Agreement, the prevailing PARTY in such action shall be entitled to recover all of the costs and expenses, including reasonable attorneys' fees, incurred by such PARTY in connection with such action. 8) Governing Law: This Agreement shall be construed and governed by the laws of the State of California. 9) Binding Effect: This Agreement shall.be binding upon and inure to the benefit of LA QUINTA and COUNTY. 10) Independent Counsel: Each PARTY has had the opportunity to consult with its own attorney with respect to this Agreement, and in the event that any language contained herein is construed to be vague or ambiguous, this Agreement shall not be strictly construed against any PARTY. Section II COUNTY AGREES: 1) To pay thirty-three percent (33%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the signal at the Intersection of Fred Waring Drive and Dune Palms Road. COUNTY shall pay 074 LA QUINTA such 33% operation and maintenance obligation within thirty (30) days of receipt of billing therefore. 2) To pay twenty-five percent (25%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the signal at the Intersection of Fred Waring Drive and Adams Street. COUNTY shall pay LA QUINTA such 25% operation and maintenance obligation within thirty (30) days of receipt of billing therefore. Section III LA QUINTA AGREES: 1) To operate and maintain the facilities and LA QUINTA will pay sixty-seven percent (67%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the signal at the Intersection of Fred Waring Drive and Dune Palms Road. 2) To operate and maintain the facilities and LA QUINTA will .'pay seventy-five percent (75%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the signal at the Intersection of Fred Waring Drive and Adams.Street. Section IV IT IS MUTUALLY AGREED AS FOLLOWS: 1► No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES, and no verbal understanding or agreement not incorporated herein shall be binding on either party hereto. 2) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed in COUNTY shall be vested in COUNTY and all materials, equipment, and appurtenances installed in LA QUINTA shall be vested in LA QUINTA. 3) Neither COUNTY nor any officer or employee therefore shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement. It is also agreed that, pursuant, to Government Code Section 895.4, LA QUINTA shall fully indemnify and hold COUNTY harmless from any liability imposed for 075 injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement except to the extent that such injury results from COUNTY's own misconduct or negligence. 4) Neither LA QUINTA nor any officer or employee therefore shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold LA QUINTA harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement except to the extent that such injury results from LA QUINTA's own misconduct or negligence. NOTICES: Any notice required to be sent pursuant to this Agreement shall be sent by regular mail, addressed as indicated in the signature blocks which follow: City of La Quinta Mark Weiss, Interim City Manager City of La Quinta PO Box 1504 La Quinta, CA 92253 Dated: By: Donald Adolph, Mayor County of Riverside Transportation and Land Management Agency Transportation Department Juan C. Perez, P.E., T.E. Director of Transportation P.O. Box 1090 Riverside, CA 92502 Dated: By: Bob Buss, Chairman Board of Supervisors 076 ATTEST: ATTEST: By: By. Veronica J. Montecino, CMC, City Clerk Kecia arper-I iem Clerk of the Board APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: MI�.� M. Katherine Jenson, City Attorney Pam al,,, CountyGCounsel � APPROVED AS TO CONTENT: APP ED AS TO CONTENT: By:. By; Timothy R. Jonasson, P.E. Juan erez, P.E., T.E. Public Works Director/City Engineer Director of Transportation 077 Exhibit A All rates subject to yearly update City of La Quinta hourly rates: Standard Rate Overtime Rate Traffic Signal Technician $45.51 $60.23 Bucket Truck $27.00 . $27.00 Republic ITS — On -call / after-hours response hourly rates: Regular Time Overtime Operations Superintendent $108.05 $162.07 Lead Signal Technician $84.38 $126.57 Signal Technician $80.26 $120.39 Service Truck $27.01 $27.01 Crane $66.89 $66.89 Bucket $27.01 $27.01 Compressor $15.44 $15.44 Concrete Saw $10.29 $10.29 Loops. 1-4 $427.04 Loops 5+ $385.88 Material Mark-up 15% Premium Time $211.09 $163.76 $155.62 $27.01 $66.89 $ 27.01 $15.44, $10.29 4 078 Tit<r^FlaQ" COUNCIL/SA MEETING DATE: February 7, 2012 ITEM TITLE: Approval of a Cooperative Agreement with the City of Indio for the Operation and Maintenance of Traffic Signals and Safety Lighting at Shared Boundaries RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 0 STUDY SESSION: PUBLIC HEARING: Approve a cooperative agreement with the City of Indio for the operation and maintenance of traffic signals and safety lighting at shared boundaries, and authorize the Interim City Manager to execute the agreement. FISCAL IMPLICATIONS: Under the proposed cooperative agreement (Attachment 1), the maintenance costs for the seven (7) traffic signals jointly owned by the City of La Quinta and the City of Indio would be distributed as follows: 1. Intersection of Jefferson Street and Avenue 48 - fifty percent (50%) by La Quinta, fifty percent (50%) by Indio. 2. Intersection of Jefferson Street and Avenue 49 - fifty percent (50%) by La Quinta, fifty percent (50%) by Indio. 3. Intersection of Jefferson Street and Avenue 50 - seventy-five percent (75%) by La Quinta, twenty-five percent (25%) by Indio. 4. Intersection of Blackhawk Way/Westward Ho Drive and Dune Palms Road - seventy-five percent (75%) by La Quinta, twenty-five percent (25%) by Indio. 5. Intersection of Dune Palms Road and Desert Crest Drive - sixty-seven percent (67%) by La Quinta, thirty-three percent (33%) by Indio. 6. Intersection of Miles Avenue and Dune Palms Road - seventy-five percent (75%) by La Quinta, twenty-five percent (25%) by Indio. 7. Miles Avenue Pedestrian Signal east of Dune Palms Road - fifty percent (50%) by La Quinta, fifty percent (50%) by Indio. 40 079 Currently, the City of La Quinta maintains seven signals that are located on shared boundaries with the City of Indio. With the approval of the proposed cooperative agreement, La Quinta will recover the signal maintenance and operational costs from the City of Indio at the percentages listed above. The approximate increase in revenue anticipated with the approval of this agreement is $2,000 per year. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In the past, the City of La Quinta contracted with the County of Riverside for traffic signal and safety lighting maintenance. It was difficult to accurately monitor individual traffic signal maintenance costs. With the City now having a full-time traffic signal technician, costs can be determined with enough accuracy to generate invoices for collection of signal maintenance costs that need to be shared with adjacent agencies. On January 10, 2012, the City of Indio approved the attached cooperative agreement for the operation and maintenance of traffic signals and safety lighting at shared boundaries. Staff recommends approval of the cooperative agreement so that the City of Indio can be invoiced for their fair share of the maintenance costs. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a cooperative agreement with the City of Indio for the Operation and Maintenance of Traffic Signals and Safety Lighting at Shared Boundaries and authorize the Interim City Manager to execute the agreement; or 2. Do not approve a cooperative agreement with the City of Indio for the Operation and Maintenance of Traffic Signals and Safety Lighting at Shared Boundaries and do not authorize the Interim City Manager to execute the agreement; or 3. Provide staff with alternative direction. Respectfully submitted, 6Publ �jhy R on on, P.EWor s Director/City Engineer 080 N Approved for submission by: �kj 4\'o Mark Weiss, Interim City Manager Attachment: 1. Cooperative Agreement with the City of Indio for Operation and Maintenance of Traffic Signals and Safety Lighting at Shared Boundaries 081 ,ATTACHMENT 1 COOPERATIVE AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS AND SAFETY LIGHTING This Cooperative Agreement for Operation and Maintenance of Traffic Signals and Safety Lighting (hereinafter "Agreement") entered into. this%Y day of a/Z,.2eTf, is between.the City of La Quints, a. California municipal corporation, referred ✓�. to herein as "LA QUINTA" and the City of Indio, a California municipal corporation, referred herein as "INDIO". LA QUINTA and INDIO are collectively referred to in this Agreement as "PARTIES". RECITALS 1) LA QUINTA and INDIO, municipal corporations and members of the California Joint Powers Insurance Authority, desire to specify the terms and conditions under which traffic signals located on shared boundaries will be maintained, as well as the obligations and responsibilities of the PARTIES with respect to those traffic signals. 2) Seven (7)-traffic signals are jointly owned by LA QUINTA and INDIO (hereinafter referred to as "traffic signals") as follows: a) Intersection of -Jefferson Street and Avenue 48 — Fifty percent (50%) by LA QUINTA, fifty percent (50%) by INDIO. b) Intersection of Jefferson Street and Avenue 49 — Fifty percent (50%) by LA QUINTA, fifty percent (50%) by INDIO. c) Intersection of Jefferson Street and Avenue 50 - Seventy-five percent (75%) by LA QUINTA; twenty-five percent (25%) by INDIO.' d) Intersection of Blackhawk Way/Westward Ho Drive and Dune Palms Road — Seventy-five percent (75%) by LA QUINTA, twenty-five percent (25%) by INDIO. e) Intersection of Dune Palms Road and Desert Grest Drive — Sixty -Seven percent (67%) by LA QUINTA, thirty-three percent (33%) by INDIO. f► Intersection of Miles Avenue and Dune Palms Road — Seventy-five percent (75%) by LA QUINTA, twenty-five percent (25%) by INDIO. g) Miles Avenue Pedestrian Signal east of Dune Palms - Fifty percent (50%) by LA QUINTA, fifty percent (50%) by INDIO. it 082 NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the PARTIES agree as follows: Section I — SCOPE OF SERVICES 1) General Scope of Services: This Agreement provides for the routine maintenance work and emergency call -out service on traffic signals, street safety lighting, flashing beacons, and other electrically operated traffic control or warning devices associated with the traffic signals. Routine maintenance services hereunder shall include the following work: inspect the signal system and clean the control cabinet every eight (8) weeks; clean and re -lamp signal heads as required; clean and re - lamp luminaires as required. Emergency call -out services shall include all repairs and maintenance of the subject traffic control and warning devices or reasonable temporary measures necessary to preserve the public safety in the event of a signal system failure. LA QUINTA shall apply to the local power company for service and arrange for delivery of electrical power.to the signals. 2) Extra Work: Any work to be performed beyond the scope of services described in paragraph 1), above, shall constitute extra work VExtra Work"). Extra Work shall be compensated for with extra compensation calculated in a fair and equitable method in accordance with LA QUINTA's current rates and/or La Quinta's emergency/after-hours contractor's current rates. The current rates as they exist upon the effective date of this Agreement are set forth in Exhibit A. LA QUINTA may update those rates from time to time, and shall provide notice to INDIO of such updated rates. LA QUINTA shall promptly notify INDIO of any. work that it has determined constitutes Extra Work before performing such Extra Work. If INDIO agrees that the subject work constitutes Extra Work, and authorizes LA QUINTA, in writing, to perform the Extra Work, INDIO shall compensate LA QUINTA for the Extra Work in accordance with this paragraph and LA QUINTA's then current rates. LA QUINTA shall make the final determination whether such work constitutes Extra Work, provided, however, that INDIO shall be entitled to any and all legal remedies in the event of a dispute concerning such determination, including the right to terminate this Agreement with 30-days notice. Section II — LA QUINTA'S OBLIGATIONS 083 LA QUINTA AGREES: 7► To operate and maintain the facilities and LA QUINTA will pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the signal at the intersection of Jefferson Street and Avenue 48. 2) To operate and maintain the facilities and LA QUINTA will pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the signal at the intersection of Jefferson Street and Avenue 49. 3) To operate and maintain the facilities and LA QUINTA will pay seventy-five percent (75%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the signal at the intersection of Jefferson Street and Avenue 50. 4) To operate and maintain the facilities and LA QUINTA will pay seventy-five percent (75%) of all operations, maintenance, repair, and replacement costs; including electrical energy costs, for the signal at the intersection of Blackhawk Way/Westward Ho Drive and Dune Palms Road. 5) To operate and maintain the facilities and LA QUINTA will pay sixty-seven percent (67%) of all operations, maintenance, repair, and replacement.costs, including electrical energy costs, for the signal at the intersection of Dune Palms Road and Desert Crest Drive. 6) To operate and maintain the facilities and LA QUINTA will pay seventy-five percent (75%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the signal at the intersection of Miles Avenue and Dune Palms Road. 7► To operate and maintain the, facilities and LA QUINTA will pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the Miles Avenue Pedestrian Signal east of Dune Palms Road. 81 -Records: Records for the work provided under this Agreement shall be kept by LA QUINTA and shall include the costs of all services performed. Such records shall be maintained for at least two (2) years and, upon reasonable notice, shall be made available for inspection by INDIO. �jl Section III - INDIO'S OBLIGATIONS INDIO AGREES: 1) To pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the signal at the intersection of Jefferson. Street and Avenue 48. INDIO shall pay LA QUINTA such 50% operation and maintenance obligation. 2) To pay fifty'percent (SON of all operations, maintenance, repair,,and replacement costs, including electrical energy costs, for the signal at the intersection of Jefferson Street and Avenue 49. INDIO shall pay LA QUINTA such 50% operation and maintenance obligation. 3) To pay twenty-five percent (25.%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the signal at the intersection of Jefferson Street and Avenue 50. INDIO shall pay LA QUINTA such 25%.operation and maintenance obligation. 4) To pay twenty-five percent (25%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the signal at the intersection of Blackhawk Way/Westward Ho Drive and Dune Palm Road. INDIO shall pay LA QUINTA such 25% operation -and maintenance obligation. 5) To pay thirty-three percent (33%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the signal at the intersection of Dune Palms Road and Desert Crest Drive. INDIO shall pay LA QUINTA such 33% operation and maintenance obligation. 6) To pay twenty-five percent (25%) of all operations, maintenance, repair, and . replacement costs, including electrical energy costs; for the signal at the intersection of Miles Avenue and Dune Palms Road. INDIO shall pay LA QUINTA such 25% operation and maintenance obligation. 7) To pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for the Miles Avenue Pedestrian Signal east of Dune Palms Road. INDIO shall pay LA QUINTA such 50% operation and maintenance obligation. 8) To pay all of the above -referenced amounts within thirty (30) days of receipt of the billing therefore. 085 Section IV — GENERAL PROVISIONS 1) Term and Termination: Once signed by all PARTIES, this Agreement shall remain in force until terminated in accordance with this section. This Agreement may be terminated by any PARTY hereto upon thirty (30) days written notice to the other PARTY of such termination, Any payment obligations outstanding shall survive such termination. 2) Invalid Provision: The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 3) Amendment and Waiver: This Agreement may be amended or revoked at any time by a written agreement executed by LA QUINTA and INDIO..No change or modification of this Agreement shall be valid unless the same is in writing and signed by all .PARTIES. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the PARTY granting such waiver, and in no event shall any such waiver be deemed to be a waiver of any other term; covenant or condition of this Agreement. 4) Attorneys' Fees: In the event that any PARTY.to this Agreement shall bring action to enforce the provisions of this Agreement or as a result of any default in the performance of any of the provisions of this Agreement, the prevailing PARTY in such action shall be entitled to recover all of the costs and expenses, including reasonable attorneys' fees, incurred by such PARTY in connection with such action. 5) Governing Law: This Agreement shall be construed and governed by the; laws of the State of California 6) Independent Counsel: 086. Each PARTY has had the opportunity to consult with its own attorney with respect to this Agreement, and in the event that any language contained herein is construed to be vague or ambiguous, this Agreement shall not be strictly construed against any PARTY. 7) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES, and no verbal understanding or agreement not incorporated herein shall be binding on either party hereto. 8) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed in INDIO shall be vested in INDIO and all materials, equipment, and appurtenances installed in LA QUINTA shall be vested in LA QUINTA. 9) Neither INDIO nor any officer or employee therefore shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall fully indemnify and hold INDIO harmless from any liability imposed for injury (as defined by Government Code Section 810..8) occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement except to the extent that such injury results from INDIO's own misconduct or negligence. 10) Neither LA QUINTA nor any officer or employee therefore shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, INDIO shall fully indemnify and hold LA QUINTA harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement except to the extent that such injury results from LA QUINTA's own misconduct or negligence. 11. NOTICES: 0.81 Any notice required to be sent pursuant to this Agreement shall be sent by regular mail, addressed as indicated in the signature blocks which follow: City of La Quinta City of La Quinta Mark A: Weiss, Interim City Manager 78-495 Calle Tampico La Quinta, CA 92247-1504 City of Indio City of Indio Dan Martinez, City Manager 100 Civic Center Mall Indio, CA 92202 IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement to be executed as of the date first written above. Dated: By: Mark A. Weiss, Interim City Manager ATTEST: By: Veronica J. Montecino, CMC, City APPROVED AS TO FORM: By: M. Katherine Jenson, City Attorney APPROVED AS TO CONTENT: By: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Dated: t — tO -(A By: Dan Martinez, City Manager ATTES By: �u�us.� e Clerk ynthia Hernandez, City APPRO D O FORM: By: 7W�� RoxanWff. Diaz, City Attorney APPROVED AS TQ CONTENT: By: Granf Eklund, P.E. Public Works Director/City Engineer Exhibit A All rates subject to yearly update City of to Quinta hourly rates: Standard Rate Overtime Rate Traffic Signal Technician $45.51 $60.23 Bucket Truck $27.00 $27.00 Republic ITS — On -call / after-hours response hourly rates: Regular Time Overtime Premium Time Operations Superintendent $108.05 $162.07 $211.09 Lead Signal Technician $84.38 $126.57 $163.76 Signal Technician $80.26 $120.39 $156.52 Service Truck $27.01 $27.01 $27.01 Crane $66.89 $66.89 $66.89 Bucket $27.01 $27.01 $27.01 Compressor $15.44 $15.44 $15.44 Concrete Saw $10.29 $10.29 $10.29 Loops 1-4 $427.04 Loops 5 + . $385.88 Material Mark-up 15% 10 089 T-Vf 4 4 a" COUNCIL/RDA MEETING DATE: February 7, 2012 ITEM TITLE: Approval of the Plans, Specifications and Engineer's Estimate of Probable Construction Costs, and Authorize Staff to Advertise for Bid, the Washington Street Turn Lane Improvements at Avenue 48, and Appropriate Infrastructure Funds, Project Number 2010-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I I STUDY SESSION: PUBLIC HEARING: Appropriate unspent infrastructure funds, in the amount of $242,074, for use on the Washington Street turn lane improvements at Avenue 48, approve the plans, specifications and engineer's estimate (PS&E) of probable construction costs, and authorize staff to advertise for bid, the Washington Street Turn Lane Improvements at Avenue 48, Project Number 2010-06. FISCAL IMPLICATIONS: The turn lane improvement project on Washington Street at Avenue 48 (Attachment 1) was originally included within the City's Fiscal Year 2010/201 1 through Fiscal Year 2014/2015 Capital Improvement Program (CIP). During Fiscal Year 2010/201 1, the project was originally programmed to receive funding from Redevelopment Agency (RDA) Project Area No. 2 funds ($333,763), and from contributions ($111,255) from an adjacent developer. In Match 2011, the City Council recognized the potential for the loss of the RDA Project Area funds and appropriated unspent Proposition 1 B funds for use on the project. The current economic conditions have stalled development on the adjacent undeveloped property making it unlikely that any developer contributions will be available in the foreseeable future. Furthermore, due to the State's actions, RDA funds are no longer available for this project. Therefore, staff recommends that the unspent infrastructure funds, in the amount of $242,074, originally assigned to the Washington Street Storm Drain Improvements Project, adjacent to the Saint Francis of Assisi Church, be reassigned to make up this short fall. 090 If the City Council chooses to appropriate the unspent infrastructure funds toward the turn lane improvements on Washington Street at Avenue 48, the following is the project's revised funding and funding sources: Infrastructure Funds $242,074 Proposition 1B Funds (SB 1266) $436,180 Total Funding Available: $678,254 Considering the engineer's estimate of probable construction costs, in the amount of.$427,467, the following is the anticipated budget to complete the project: Design: Inspection/Testing/Survey: Construction: City Administration Contingency: Total: CHARTER CITY IMPLICATIONS: $135,000 $41,680 $427,467 $21,000 $53,107 $678,254 The project is partially funded with State Proposition 1 B. As such, the project is subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The improvements at Washington Street and Avenue 48 will widen the southbound lanes of Washington Street to accommodate a dual left turn pocket from southbound Washington Street onto eastbound Avenue 48. Widening Washington Street will require new curb and gutter, new meandering sidewalk and Americans with Disabilities Act (ADA) compliant access ramps, utility relocation, signal modification, and striping and signing. Other improvements at this intersection include relocation of the existing pedestrian crosswalk from the south side of the intersection to the north side, and re -striping Avenue 48 to include triple left turns onto southbound Washington Street. On April 20, 2010, the City Council adopted a Resolution approving the Fiscal Year 2010/2011 through 2014/2015 Capital Improvement Program (CIP). The Washington Street dual left turn at Avenue 48 improvements were included within the adopted CIP and scheduled for funding during Fiscal Year 2010/2011. 091 On August 3, 2010, the City Council approved a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the combined projects Washington Street dual left turn at Avenue 48, Project Number 2010-06 and Washington Street dedicated right turn lane at Eisenhower Drive, Project Number 2010-09. On November 16, 2010, the City Council approved a Professional Services Agreement (PSA) with Albert A. Webb Associates, in the amount of $70,696, to prepare the plans, specifications and engineer's estimate (PS&E) for the combined projects Washington Street dual left turn at Avenue 48, Project Number 2010-06 and Washington Street dedicated right turn lane at Eisenhower Drive, Project Number 2010-09 and authorize City Manager to execute the Agreement. On March 1, 2011, the City Council appropriate unspent Proposition 1 B Funds for use on the Washington Street dual left turn lanes at Avenue 48 and the Washington Street dedicated right turn lane at Eisenhower Drive, and approved Amendment No. 1 to the Professional Services Agreement (PSA) with Albert A Webb Associates for additional engineering services to modify the signal and raised median at the intersection of Washington Street and Calle Tampico. Staff is currently working with the St. Francis Church on reimbursement for the City's portion of the drainage improvements constructed with the church's parking lot project on Washington Street that were to be paid from infrastructure funds in the City's Washington Street Drainage Storm Drain Improvements Project. At this time there are enough funds to reimburse the church and provide the funding indicated for this project. The final phase of the Washington Street storm drain improvements will require an appropriation when the church requests abandonment of the frontage road after they construct a traffic signal to take access at Lake La Quinta Drive and Washington Street sometime in the future. The PS&E for the Washington Street Turn Lane Improvements at Avenue 48 are now complete and ready to be advertised. The PS&E are available for review within the City's Public Works Department. Contingent upon City Council's approval of the PS&E and authorization to advertise the project for bid on February 7, 2012, the following is the project schedule: City Council Approves PS&E Project is Advertised City Council Considers Construction Award Construction (60 Working Days) Project Closeout February 7, 2012 February 8-March 8, 2012 March 20, 2012 April thru July 2012 August 2012 pg2 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate Unspent Infrastructure Funds, in the amount of $242,074, for use on the Washington Street Turn Lane Improvements at Avenue 48, approve the plans, specifications and engineer's estimate (PS&E) of probable construction costs, and authorize staff to advertise for bid, the Washington Street Turn Lane Improvements at Avenue 48, Project Number 2010-06; or 2. Do not appropriate Unspent Infrastructure Funds, in the amount of $242,074, for use on the Washington Street Turn Lane Improvements at Avenue 48, do not approve the plans, specifications and engineer's estimate (PS&E) of probable construction costs, and do not authorize staff to advertise for bid, the Washington Street Turn Lane Improvements at Avenue 48, Project Number 2010-06; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R on s n, P.E. Public Works Di for/City Engineer Approved for submission by: �- r�S-sr- Mark Weiss, Interim City Manager Attachment: 1. Vicinity Map pg3 el ATTACHMENT LAKE LA QUINTA LAGUNA DE LA PAZ rAJ L-J-1 t-�, RANCHO LA QUINTA � COUNTRY CLUB PROPOSED IMPROVEMENTS VICINITY MAP Not to Scale CITY COUNCIL MEETING: February7, 2012 ITEM TITLE: Approval of the Plans, Specifications and Engineer's Estimate of Probable Construction Costs, and Authorize Staff to Advertise for Bid, the Washington Street Turn Lane Improvements at Avenue 48, and Appropriate Infrastructure Funds, Project 201 06 w 094 APPLICANT: Timothy R. Jonasson, P.E., Public Works Director/City Engineer COUNCIL/RDA MEETING DATE: February 7, 2012 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Consideration of Appointing Two City STUDY SESSION: Council Members to Serve on the Civic Center Art Purchase Committee PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: An amount of $10,000 has been budgeted in the Civic Center Art Purchase Account No. 270-0000-451.74-80. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This year the La Quinta Arts Festival will be held from March 8 to 11, 2012 at the Civic Center Campus. Since 1989, with the exception of 2004 and 2005,.the City has been selecting artwork from the La Quinta Arts Festival ("Festival") to be displayed at various City facilities. Two City Council Members, with assistance from two Community Services Commission members, have viewed the artwork at the Festival for consideration of an art purchase. Council Members Henderson and Franklin participated on the Civic Center Art Purchase Committee in 2011. Should the City Council decide to participate in purchasing artwork this year from the Festival, the Community Services Commission will be asked to assist this year's Civic Center Art Purchase Committee. It 095 This year, as part of the City and the La Quinta Art Foundation's 30" Anniversaries, the Foundation will be featuring glass sculpture artist Randy Strong (Attachment No. 1). The Art Purchase Committee may want to consider a piece from Mr. Strong's collection. Historically, the Art Purchase Committee has met the first day of the Festival to select art for the City and deliver it to the City after the Festival. The Art Purchase Committee may wish to meet prior to the start of the Festival to discuss suitable artwork and specific locations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint two City Council members to serve on the Civic Center Art Purchase Committee to select Civic Center Art during the La Quinta Arts Festival; or 2. Do not participate in the selection of artwork from the La Quinta Arts Festival; or 3. Provide staff with alternative direction. Respectfully submitted, iA - Edie Hylt Community Services Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Randy Strong Information 096 J W � Z._._.J.. U-) OW M W �< V, R}k Y F g r v x v �y 1 W J � T vi Y � N N - Y Y LU Q O N <. .� u v ru p 2 L 6 N rc 4J J a Y W i N >. LL < L N z O ve- QJ Q N N p p Q N Y N O C Q O C N M l7 C vi p rp LL. y Y 3 N v1 > rQ O v`-i V1 O N i W p N r6 T.i ._6 J N N Q O �...N ro w rNJ: s Q L 0 J � N J 0 Q: > z (O r i Q a — a v �> W. 4J V fp N p cc: i- �1 Q °� c w w p o i C. >^ (y6 V1O `N N � On J W Q � cc LC M C!J W E Q Q u i n t a ?i Twyl 4 4 Qu&rry COUNCIL/SA MEETING DATE: February 7, 2012 ITEM TITLE: Consideration of Renaming the Nature Preserve and Trail to the "Fred Wolff Nature Preserve" and 'Bear Creek Trail" RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: Z CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the renaming of the Nature Preserve and Trail to the "Fred Wolff Nature Preserve" and 'Bear Creek Trail." FISCAL IMPLICATIONS: 1► elm CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 19, 2003, the City Council approved the purchase of 19 acres of land zoned as Open Space as part of the General Plan. The property is located west of Avenida Montezuma, between Calle Ensenada and Calle Chillon. On December 8, 2003, the Community Services Commission hosted a public meeting requesting input as to what amenities the community would like to see at the newly acquired 19 acre park. The overwhelming response from the public was to maintain the site as a nature preserve. On July 6, 2004, the City Council approved the name of the 19 acre Nature Preserve to be the "Fred Wolff Bear Creek Nature Preserve." A plaque recognizing the Nature Preserve was installed and dedicated on March 18, 2006 just south of Calle Ensenada on the west side of the Nature Preserve. it 099 The La Quinta Cove Community Association formed the Stewards of the Fred Wolff Bear Creek Nature Preserve (Stewards). Staff meets regularly with representatives of the Stewards group regarding the Master Plan and outdoor education programming for the Nature Preserve. The Master Plan was approved by the City Council on March 6, 2007. The 2007 Master Plan recommended improving safety, landscape, and communication. Safety recommendations include posting and enforcing rules and regulations, improving the ability to visually observe the property and securing the area with a low fence. The landscape recommendations include planting only those varieties that are listed in the approved plant list, removing mailboxes from the property, and limiting trails to only those that are necessary within the Nature Preserve. The communication recommendations include developing signs to improve the visitor experience, maintain communications with other municipal and environmental groups, and establish a working relationship with the Coachella Valley Water District. On January 19, 2010, the Stewards recommended the 8.99 acres of property directly to the south of the Nature Preserve be included in the Master Plan. The City Council approved the inclusion of this property into the Nature Preserve. On November 8, 2010, the updated Nature Preserve Master Plan was presented to the Community Services Commission for review and comment. Highlights to the updated plan included addressing continued safety of the area through landscape maintenance, police monitoring, signage, landscape improvements, future plant replacement, mailbox relocation, minimizing trail fragmentation, and ongoing communication with the users, residents, and public agencies. On December 22, 2011, the Community Service Department received a letter (Attachment 1) from the Stewards requesting a modification for the names of the "Fred Wolff Bear Creek Nature Preserve" and the "Fred Wolff Bear Creek Trail." The Stewards recommend modifying the name of the Nature Preserve to "Fred Wolff Nature Preserve" and modifying the name of the Trail to 'Bear Creek Trail" for the entire length of the trail. On January 4, 2012, City staff received an email of support from Kay Wolff (Attachment 2). On January 9, 2012, the Community Services Commission approved the recommendation to the City Council to the rename the Nature Preserve and Trail. ,t 100 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the renaming of the Nature Preserve and Trail to the "Fred Wolff Nature Preserve" and 'Bear Creek Trail"; or 2. Do not approve the renaming of the Nature Preserve and Trail to the "Fred Wolff Nature Preserve" and 'Bear Creek Trail"; or 3. Provide staff with alternative direction. Respectf Ily submitted, , Edie Hylt n Community Services Director Approved for submission by: �- �a%A— Mark Weiss, Interim City Manager Attachments: 1. Letter from the Stewards dated December 22, 2011 2. Email from Kay Wolff dated January 4, 2012 101 Stewards of the Fred Wolff Bear Creek Nature PreservATTACHMENT 1 December 22, 2011 Edie Hylton Community Services Director City of La Quinta - P. O. Box 1504 La Quinta, CA 92247 Dear Edie: Please take into consideration this recommendation from the Stewards of the Fred Wolff Bear Creek Nature Preserve to make modifications to the names of the Trail and Nature Preserve. The official name of the Nature Preserve is "Fred Wolff Bear Creek Nature Preserve". We recommend simplifying the name of the Preserve to "Fred Wolff Nature Preserve" and simplifying the name of the Trail to "Bear Creek Trail". Officially, the Trail is called "Bear Creek Trail" from Tampico to Montezuma and "Fred Wolff Bear Creek Trail" from Montezuma to Tecate. We believe that shortening the names will diminish confusion yet maintain the historical links to both Bear Creek and Fred Wolff. By way of background, On July 6, 2004, the City Council approved the designation of 19 acres (located west of Avenida Montezuma, between Calle Ensenada and Calle Chilton) as a Nature Preserve to be named "Fred Wolff Bear Creek Nature Preserve." On January 19, 2010, the City Council approved the addition of 8.99 acres of property directly to the south of the Preserve (between Avenida Chilton and Avenida Tecate) per the recommendation of the Stewards and the Community Services Commission. This action enlarged the total acreage of the Nature Preserve to almost 28 acres. We members of the La Quinta Cove Neighborhood Association formed the "Stewards of the Fred Wolff Bear Creek Nature Preserve." Together with City Staff, we developed the Master Plan and outdoor education programming for the Fred Wolff Bear Creek Nature Preserve. Highlights to the Master Plan include addressing continued safety of the area through landscape maintenance, police monitoring, signage, landscape improvements, future plant replacement, mailbox relocation, minimizing trail fragmentation, and ongoing communication with the users, residents, and public agencies. We request that you present this proposal to the Community Services Commission for their support of these name modifications so we may forward this request to City Council for official action. Sincerely, JnStewards of the Fred Wolff Bear Creek Nature Preserve 102 ATTACHMENT 2 kaywolff@msn.com znt Wednesday, January 04, 2012 to: Angela Guereque; Katie Barron Cc: Edie Hylton Subject: RE: Preserve and Trail Report Thanks for the copy of the staff report. Unfortunately, I and it won't be over in time for me to make the meeting. ?was going to attend to state that I support and have urges 1, ay oppose the deletion of Fred's name from the section of for Trail users and staffers, and will not require such a mout Thanks to city staff who have supported these changes. Kay Subject: Preserve and Trail Report Date: Wed, 4 Jan 2012 16:56:45 -0800 From: ague=ue@la-quinta.org To: kaywolffCulmsn.com kbarrows((lcvag.orn Please find attached the staff report that will be pres )12. Angela Guereque, Senior Secretary City of La Quinta, Community Services Department 78-495 Calle Tampico, La Quinta, CA 92253 (760) 777-7156 FAX (760) 777-1231 aauereque(aJa-quinta.org n . 18 PM booked myself for a film at the Film Festival that afternoon, the name changes, and as the grieving widow, do not in any he Trail. Simplification of both names will be less confusing ful of words to refer to these two great locations. to the Community Services Commission on January 9, ,� 103 AGENDA CATEGORY: COUNCIL/SA MEETING DATE: February 7, 2012 BUSINESS SESSION: ITEM TITLE: Consideration of Selection Criteria for City Manager Recruitment CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Consider recommendations from Peckham & McKenney and public input and establish selection criteria and guidelines for the City Manager position. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On January 17, 2012, Council interviewed three executive search firms who conduct City Manager and Finance Director recruitments, and chose the firm of Peckham & McKenney. A Contract Services Agreement has been duly executed by both parties, and the first step in the process involves establishing selection criteria for the City Manager recruitment. The City's normal selection process for all City positions includes a behavioral assessment tool called the Predictive Index ("PI"). The PI uses an instrument, called a PRO, which is given to each Council member in and is designed to solicit feedback on the behavioral attributes that represent, in their opinions, the 104 "frequent and important aspects of the job of City Manager." The data from all five PRO's is then consolidated into a "composite" representing the collective responses of the entire Council. That "composite," called the Final PRO, is provided as Attachment 1. Based upon input from the Council members and selected executive staff, Ms. Peckham will be prepared to present a synopsis of her findings at the council meeting, receive additional City Council input and hear public comment as to the desires and wishes of the citizenry, with an eye toward developing the appropriate materials for the recruitment. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Establish selection criteria and guidelines for the City Manager position; or 2. Provide staff with alternative direction. Respectfully submitted, Terry L. beeringer Human Resources/General Services Manager Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Final PRO for City Manager position 105 City Manager Completed By: FINAL PRO - Terry Deeringer Survey Date: 2/1/2012 Report Date: 2/1/2012 The results of the PRO® should always be reviewed by a trained Predictive Index analyst. The PRO Reporter® provides you with a brief overview of the results of the PRO®. If you have not yet attended the Predictive Index® Management Workshop, please consult someone who has attended in order to do a thorough job analysis. „ o , PRO fix: CilyUnnaW0a 2"QM CnmPktoder: COMP� Bi:F R -Tm OmbW GVA�eM o lesa...... loos H.w Av YI r .. . The focus of this position is a confident, independent action, initiative, a sense of urgency, and the ability to make decisions and take responsibility for them. A well -suited candidate can react and adjust quickly to changing conditions and come up with practical ideas for dealing with them. The style is purposeful, directed at getting things done quickly. There is a great deal of challenge and pressure, and people and problems must be handled with confidence and determination. The position requires a self-disciplined person who can handle details as long as they only an intermittent aspect of the job, and not the primary responsibility. This job requires self-assurance and competitive drive. There is a strong demand for high quality, organized and repeatable results. The responsibilities are broad in scope, encompassing a wide variety of activities requiring rapid shifts in priorities. This is primarily a task -focused job, requiring a somewhat authoritative, directive leadership style that encourages results -driven, task -oriented collaboration. JOB CHARACTERISTICS Below are the salient job characteristics, summarized and categorized. For best success, find candidates who thrive in the environment described below. Pace and Variety of Activities • Faster -than -average pace; ability to learn quickly, thoroughly, and in detail • Must recognize and adjust to change • There is considerable variety in the work Focus • Strategic, big -picture thinking backed by an added focus on the tactical aspects of the work • Setting and achieving specific standards for self and for others; an emphasis on schedule and quality .W . 106 City Manager Page 2 • Primarily task -focused, with some action -oriented collaboration required occasionally Decision -Making • Seeks and accepts decision authority & responsibility • Will effectively weigh risk against the benefit; while not cautious, a calculated decision maker • An independent decision maker, will occasionally utilize team consensus or collaboration Communication and Collaboration • Requires a lively and incisive communicator, more authoritative than persuasive in style • A stimulating influence on others, while being firm, direct, and self-assured in dealing with them • Some collaboration within own team but a more independent style in general Delegation and Leadership Style • Prefers to delegate routine detail work; will follow up closely and critically for standards and schedule • Capable of delegating some authority, with close follow-up and control • Maintains control of overall agenda, includes others in a task -focused manner • Creates a disciplined process Prepared by FINAL PRO on 2/1/2012 Copyright © 1994-2000, 2002, 2005 by Praendex, Inc. All rights reserved. 9_ 107 f AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 7, 2012 BUSINESS SESSION: ITEM TITLE: Discussion of Revenue Alternatives for the CONSENT CALENDAR: City of La Quinta STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: I Discuss revenue alternatives for the City of La Quinta to offset costs for various City services. FISCAL IMPLICATIONS: The City's major revenue sources included. in the Fiscal Year 2011/1012 budget are as follows: Sales Tax Sales Tax Reimbursement Property Tax Property Tax - No low 1% 5,352,000 1,784,000 7,136,000 County fire services - pass through agreement and structural fire tax Transient Occupancy Tax 11% 10% 1,764,800 3,922,500 5,687,300 5, 028,178 4,050,000 450,000 4,500,000 106 Revenues from the City's lighting and landscape district and CSA 152 have for some time fallen short of the City's expenditures for right-of-way and parks maintenance. The following table contains the costs and funding for the Landscape and Lighting Assessment District (L & L) and park maintenance costs for Fiscal Year 201 1 /2012: FY201 1 /2012 Budget FY201 1 /2012 Budget L & L Costs Park Maintenance Costs Total Uses $1,533,561 $1,077,556 $2,611,117 Future Parks Facility Replacement Charges (1) $432,234 $432,234 $1,533,561 $1,509,790 $3,043,351 Sources L&L Revenues $964,219 $964,219 CSA 152 $253,000 $253,000 Subtotal $1,217,219 $1,217,219 General Fund $316,342 $1,509,790 $1,826,132 (1) In Fiscal Year 201 1 /2012 these costs were not funded due to budget . deficits in the General Fund The table indicates a shortfall of $1,826,132 to fund parks and right-of-way landscape maintenance this fiscal year. In total, the City's Fiscal Year 201 1 /2012 budget draws $3.1 million from reserves to balance the General Fund Budget. Redevelopment Agency Dissolution Impact Staff is working on the fiscal impact to the General Fund from the dissolution of the La Quinta Redevelopment Agency, effective February 1, 2012. Staff has identified the following areas where General Fund revenues are most likely to decrease — County Fire and Library tax increment, which fund the fire, library and museum operations, and General Fund Reimbursements. These losses may be partially offset by small gains in the General Fund property tax. Staff -is working on an administration budget for February 1, 2012 through June 30, 2012, which will indicate funding the new successor agency will need to operate. Staff believes that the reimbursements for administration and planning budgeted in Fiscal Year 2011/2012 of $1.8 million will be reduced beginning in 109 February 1, 2012 and thereafter. The current legislation allows for the successor agency to receive 5% of the property tax allocated to the successor agency to cover administrative costs from February 1, 2012 through June 30, 2012 and 3% of the property tax allocated to the La Quinta's Redevelopment Obligation Retirement Fund (which is post -pass -through payments) for administrative costs for Fiscal Year 2012/2013 and thereafter with a $250,000 minimum. Part of the planning costs may be able to be included in a new category of project management if they can specifically be identified with a project that is approved by the Oversight Board. CHARTER CITY IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: Revenue alternatives, including taxes, fees, et.al. are offered for City Council discussion and consideration: A. Tax Increases: Such may be proposed as either general taxes (i.e. for general municipal services requiring simple majority approval) or special taxes (i.e. for a specific use such as police, fire, et. al. requiring 2/3 voter approval). These may take the form of new or increased taxes (utility user tax, parcel tax,. entertainment/admissions tax, landscape and lighting, etc.), or increases to existing taxes (business registration, transient occupancy/hotel). Taxes require voter approval; majority approval for general taxes and.2/3 approval for special taxes. The following is a list of typical taxes used by municipalities with a discussion of each to follow. • Admissions Tax • Business License Tax • Utility User Tax • Transit Occupancy Tax • Parcel Tax Admissions Tax - In November 2000, the City of Indian Wells City Council adopted an ordinance establishing an admissions tax (Attachmentl) for the Indian Wells Tennis Garden that was approved by 61 % of the voters. The admissions tax placed into effect at that time was 3% of the ticket price with the ability to increase it up to 5% in three years. In 2003, the tax was increased to 5% as authorized by the 2000 ballot measure. In August 2005, the City of Indian Wells adopted a resolution calling and giving notice of the holding of a special municipal election in November 2005 granting the authority for the City Council to increase the admissions tax from 5% up to 10% in incremental increases over 10 years as ,. 110 needed to pay for public services and to offset the costs associated with supporting the tennis tournament held at the Indian Wells Tennis Garden. The City of La Quinta could consider holding discussions with the Humana Challenge Golf Tournament regarding a similar admissions tax. The City Council could also consider a general tax for entertainment including golf .or special events. Golf taxes are common in the Midwest. Courses are considered retailers and as such must collect sales tax on all taxable property and services. Included is golf equipment, cart rentals, green fees, concession sales and alcohol and non-alcoholic beverages and items of clothing. Golf courses may purchase tax free those items they will resell, rent or lease to customers. The State of California considered a statewide tax specific to golf in 2008/2009 but ultimately chose not to pursue the option out of concern regarding its impact on the golf industry. Currently the League of California Cities is unaware of a municipality having a tax specifically for golf. Business License Tax - Another example of a tax is the City's business license tax. Currently, the City has budgeted $298,400 per year based on the existing business tax ordinance on gross receipts which has remained unchanged since incorporation. Generally speaking if a business is located in the City, it pays tax based upon gross receipts. Out of City businesses that conduct business in the City pay based upon the number of vehicles. If a change to this ordinance is made, a legal analysis would be required to determine if in fact it would require a 2/3rds voter approval. Utility User Tax - Utility user taxes can either be special taxes or general taxes, depending on their purpose. They are collected by utility providers as part of their regular billing and then remitted to the taxing entity. Since 2001, there have been 45 local measures concerning Utility Users Taxes (UUT) to increase or adopt a new tax. All 45 measures to increase or adopt a new UUT since 2001 were by cities. Six were special taxes designated for a specific purpose and required two-thirds voter approval. The City of Coachella recently adopted a 5% UUT as a general tax measure on electricity, natural gas, water, sewer, telecommunications, and refuse services. The City of Indio in 2010, increased from a 3% to 6% UUT as a general tax measure on telecommunications, electricity, natural gas, video, and water. The measures were only required to be adopted by a majority vote (50% plus 1). If a tax measure specifies that the revenues collected will only be used for designated purposes, such as park maintenance, then it would be a special tax, and would have had to have been adopted by a two-thirds vote. Under California law, transactions (sales) and use taxes may be approved locally and added to the combined state and local sales and use tax rate. Of the 80 cities that currently impose a transactions and use tax, only eight do so under special legislation from prior to 2003. Altogether, there are currently 59 cities with general purpose rates and 22 with special purpose transactions and use taxes. On November 8, 2011, the City of Palm Springs voters approved a 1 % sales tax add - on for enhancing neighborhood services and safety, revitalizing downtown, and reinvesting in streets and parks. This is expected to generate an additional $8 million a year in sales tax revenue for the city. On June 8, 2010, City of Cathedral City voters approved a 1 % sales tax add -on for general purposes. Cathedral City estimated that the increase would generate $3 million dollars annually for Cathedral City services. Transient Occupancy Tax (TOT) - The TOT, also known as room tax or bed tax, is a tax collected by an operator from each guest, or transient, with the room payment and, subsequently, remitted to the city. The authority to levy TOT is granted to the legislative bodies of both cities and counties by California Revenue and Taxation Code 7280. On November 8, 2011, the City of Indian Wells voters approved an increase in transient occupancy tax from a rate of 9.25% to 11 .25%. The new tax rate is projected to generate approximately $1 million annually in additional revenue. Comparison of various tax rates for Coachella Valley Cities: City Name Sales Tax UUT Sales Tax (Add -on) TOT La Quinta 7.75% - 10%or1 1 % Cathedral City 7.75% 3% 1 % 11 % Coachella 7.75% 5% 9% Desert Hot Springs 7.75% 5% 12% Indian Wells 7.75% - 11.25% Indio 7.75% 6% 10% Palm Desert 7.75% 506 9% Palm Springs 7.75% - 1 % 11 .5%or13.5% Rancho Mirage 7.75% 11 % Note: Of the sales tax, only one percent is paid to the City. Regarding TOT, La Quinta and Palm Springs have a higher TOT rate for group hotels (11 % and 13.5% respectively.) Parcel Tax - A parcel tax is a particular type of excise tax that is based on either a flat per -parcel rate or a rate that varies depending on use, size and/or number of units on each parcel. Parcel taxes may be levied for general purposes or restricted to a particular purpose. However, regardless of use, parcel taxes generally require two-thirds voter approval. Among city revenue sources, parcel taxes are not as common as other locally imposed taxes. 112 Tax Increase Requirements In 2003, Governor Gray Davis signed SB566 (Scott) which gave every city and county the ability to seek voter approval of local transactions and use tax increase under the following conditions: • The transactions and use tax may be imposed at a rate of .25% or a multiple thereof, • The ordinance proposing the tax must be approved by a two-thirds vote of all members of the governing body, • If for general purposes, the tax must be approved by a majority vote (50% plus 1 if considered during a Municipal Election where Council Seats are also under consideration) of the voters in the city, • If for specific purposes, the tax must be approved by a two-thirds vote of the voters in the City, and • The maximum combined rate of a transactions and use taxes in any location may not exceed 2%. From a timing standpoint, the City would need to file resolutions with the Register of Voters calling the election and requesting consolidation services by August 10, 2012 in order to have a tax measure placed on the November 6, 2012 ballot (See Attachment 2). B. Benefit Assessment Districts: Another funding mechanism for City Council's consideration that is not considered a tax or fee are benefit assessment or special benefit districts. Over the past several years, the City Council has discussed the options of a special tax versus a citywide park, open space, trail assessment district formation. Attachment 3 is a technical memorandum prepared by Willdan Financial, dated May 12, 2009,. which evaluates the feasibility of establishing a new Citywide Park, Open Space and Trail Assessment District. Attachment 4 is a sample ballot timeline for the formation of a new citywide park, open space and trail assessment district. Assessment district formation can take place at any time of year since only a mail -out ballet is required. Jim McGuire, Willdan Financial Services Senior Project Manager, and Catherine Lew, The Lew Edwards Group, will be present to answer any questions regarding their proposals for assessment district formation, as well as requirements for establishing special or general taxes. C. Fee increases: Staff collects fees as allowed by law after analyzing the cost of services and programs. Fee increases in some programs may actually diminish revenue depending upon program/fee elasticity; additionally, such increases may negatively affect the social and community benefit afforded by such programs (i.e., healthy cities, youth recreation and education, etc.). Fee increases do not require a public vote, but may be imposed when substantiated by a cost -of -service analysis pending successful completion of the public hearing process. The last "N. 113 comprehensive fee study was performed in 1996 by David M. Griffith & Associates, LTD which included review of Building and Safety, Community Development, Development/Traffic (i.e. Engineering), Parks and Recreation and animal license fees. Therefore, City Council may wish to consider funding a new study before considering increases in City fees. 1. Community Services Department: Youth Sports Player Fees: In the last decade, many cities in California and across the country have implemented sports player fees to help defray the increasing costs of sports programs. Several cities in the Coachella Valley are currently assessing user fees for their 501(c)(3) youth sports leagues. Among these are the City of Coachella which recently implemented sports user fees in July 2011, Cathedral City, and Palm Springs. The reserved and scheduled use of City owned sports fields provide youth sports associations with facilities for sports including soccer, youth baseball and softball, and football. These sports fields are currently permitted for use by La Quinta youth through recreational sports. associations at no cost. The recognized City sanctioned youth sports associations are La Quinta American Youth Soccer Organization (AYSO), La Quinta Sports and Youth Association (LQSYA), and the Palm Desert/La Quinta Football Association (PDLQ). The total number of players from the three recreational organizations is approximately 3,000. La Quinta youth make up approximately 50% or 1,500 of the participants with the remaining 1,500 players coming from neighboring cities and unincorporated areas. Should a youth player fee be assessed, a slightly higher rate could be considered for non-resident youth players. The direct cost of annual field maintenance of the Sports Complex, La Quinta Park, and Colonel Paige sports fields is approximately $300,000 annually to maintain 38.75 acres. This cost includes contract park maintenance, in -field mix, and the sports lighting and water at La Quinta Park (water at the Sports Complex and Colonel Paige sports fields are paid by Desert Sands Unified School District as part of the Joint Use Agreement). This cost does not include city staff or park equipment repair and replacement funding. Attachment 5 is a summary analysis of youth player fees for City Council consideration. The City Council may want to consider these fees once they receive a positive recommendation from the Community Services Commission. Non -Sanctioned Competitive Teams Using La Quinta Fields: The City also rents the sports fields to non -sanctioned competitive teams for field use when not used by local sports associations. Based on the cost to maintain 114 sports fields and to recoup some of the costs of sports field maintenance and lighting, the City Council may consider increasing the current fee of $5 per hour be increased to $25 per hour. Based on historical use of the sports fields by these outside groups, an increase in the fee from $5 to $25 would increase revenue from $3,300 in 2011 to $16,500 annually. Facility and Park Rental Fees: Facility rental fees were updated in May of 2008 with the opening of the La Quinta Museum and Phase 11 of the Library. Fees for the Senior Center multipurpose room and Park Rentals should be considered for fee increases at this time due to the increased cost to maintain these facilities. Attachment 6 is a list of facility and park rental fees as recommended by the Community Services Commission for City Council consideration. It is anticipated that approximately $15,000 in revenues would be generated annually by the fees recommended in Attachment 6. The City Council may, given the Commission's review and recommendation, request staff to bring this item back for consideration as a future business item. 2. Public Works Department Fees: On December 3, 1996, the City Council approved a resolution (Attachment 7) setting subdivision map check, improvement plan check, encroachment permit and other fees. Virtually all of the identified fees were set at a fixed rate with no built in cost escalation factors. Therefore, no increase has occurred in the past 15 + years. Additionally, since 1996, some Federal and State Laws (i.e. water quality laws) have changed. The City is now providing a number of development related services for free since there currently is no fee specifically identified in the 1996 resolution. In 2009, staff estimated the number of hours required on average for various engineering functions in order to quantify the plan check and construction inspection fee levels necessary for full cost recovery of these services. On average staff estimated Public Works plan check and construction inspection fees for a large commercial project would increase 55%, Public Works fees for plan check and construction inspection for a small residential project would increase 60%, and Public Works fees for plan check and construction inspection for a large residential project would increase 34% for full cost recovery. Therefore, using these higher Public Works fees and assuming 2008 plan check and permit activity level staff estimated an increase of between $50,000 and $100,000 in revenue to the City per year. 3. Planning Department Fees: On August 18, 1998, the City Council approved Resolution 98-84 (Attachment 8) establishing a new fee schedule for applications administered by the Community Development Department (now Planning Department). Virtually all of the identified fees are set at a fixed rate and no increase has occurred in the past 13+ years. In addition, the fee schedule allows for a 50% discount of the lesser application feels) when multiple related applications are submitted. In 2006, Planning Department staff conducted preliminary work to assess actual cost for application processing. Based upon this information, it was concluded that many of the current fees are well below (50% or greater) the actual costs incurred. In addition, staff is also aware that the neighboring cities of Palm Desert and Indio have updated their fees in the past few years to be a deposit and hourly rate schedule. This type of fee schedule provides for the fees collected to be consistent with the actual staff time spent processing the application. Since several application fees have been identified to be well below actual cost, a more thorough assessment and likely fee increase should be considered. With future fee revenue being dependent upon the level and complexity of development projects, it is difficult to estimate additional revenue as a result of a fee increase. Planning Department fee revenues over the past two years have averaged approximately $55,000. Based upon the same amount of permit activity and revenue as the past two years, it is anticipated that either a standard fixed or an hourly rate based fee schedule increase would potentially generate an additional $30,000 to $50,000 per year. 4. Building and Safety Department Fees: On December 3, 1996, the City Council approved Resolution 96-93 (Attachment 9) establishing a new fee schedule for permits and plan reviews associated with construction activities regulated by the Building & Safety Department. The fees addressed in the resolution have remained unchanged for more than 15 years. For the sake of comparison, consider building permit activity in calendar year 2008, when La Quinta issued 239 permits for single family dwellings. That number is more than three times the number issued in 2011, but less than 20 percent of the number issued during 2004, our peak year. A preliminary analysis of building permit fees suggests that, in 2008, if building permit and plan review fees had been 30 percent higher than existing, the individual permit for a 1,950 square -foot home in the Cove would have cost the applicant an additional $500. At the same time, the General Fund would have realized approximately $382,000 in additional revenues. D. Alternative Fund and Grant Opportunities: Staff has aggressively pursued known grant options in public works, community services, fire and police. An example of this is the Adams Street Bridge which 116 received 88% of its funding from Federal Highways Administration. Staff will continue to bring grant opportunities forward as they are found appropriate for the City's needs. E. Economic Development: Successful economic development programs, such as La Quinta's, stimulate economic activity thereby resulting in additional fee and tax revenue without increasing the fee or tax rates. Patrons pay transient occupancy taxes when staying in hotels located within the City; sales taxes are realized from each purchase made within the community; and the increased activity may contribute additionally to higher property values resulting in additional property tax revenue over time. Additional benefits may include local shopping and service opportunities. Staff will present economic development alternatives with the Economic Development Plan at an upcoming City Council meeting. SUMMARY: The City of La Quinta has enjoyed economic growth, particularly in the last 15 to 20 years, that has allowed it to provide residents with premium public services at very low or often no cost including very well maintained and aesthetically pleasing public facilities. While development boomed in that same time period the City enjoyed quality development by maintaining very competitive development fees while maintaining high development standards. With the changing economic environment of the last three years additional revenue streams are necessary in order to maintain the high level of service the City's residents and development community have come to expect. Special or general taxes, assessments and user fees, in combination with an outreach and education program, may provide an additional revenue source or sources to address this challenge. OPTIONS AVAILABLE TO CITY COUNCIL: 1. Discuss revenue options and provide direction to staff as appropriate on the following: a. Analyzing potential fee adjustments relating to planning, building, public works, recreation and administrative fees; this may involve soliciting proposals from qualified consulting firms to assist in determining appropriate cost -based fee relationships; b. Retaining consulting assistance for the purpose of surveying community attitudes toward tax alternatives and, if a measure is pursued, to assist in coordinating public information materials; and c. Retaining consulting assistance in preparing necessary documentation for formation of a possible assessment district. k 2. Provide staff with alternative direction. Respectfully submitted, imothy of s n, P.E. Public Wor s Dir ctor/City Engineer Approved for submission by: ��J.'.- C� Mark Weiss, Interim City Manager Attachments: 1. City of Indian Wells City Council Adopted Ordinance Establishing an Admissions Tax 2. Special Election Timeline for Placement of a Special Tax Measure on the Riverside County Ballot 3. Willdan Financial Services Technical Memorandum 4. Citywide Park, Open Space & Trail Assessment District Project Formation Timeline 5. Summary Analysis of Youth Player Fees 6. Facility and Park Rental Fees 7. City Council Resolution 96-95 Adopting Revised Fees Relative to Subdivision Map Checks, Plan Checks, Encroachment Permits and Other Fees 8. City Council Resolution 98-84 Adopting Community Development Department (Current Planning Department) Fee Schedule 9. City Council Resolution 96-93 Adopting Building & Safety Department Fee Schedule 118 ATTACHMENT ORDINANCE BILL NO. 2000-18 • AN ORDINANCE OF THE CITY OF INDIAN WELLS, CALIFORNIA, ESTABLISHING AN ADMISSIONS TAX AND AMENDING THE INDIAN WELLS MUNICIPAL CODE THE PEOPLE OF THE CITY OF INDIAN WELLS, CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 3.14 is hereby added to Title 3 of the Indian Wells Municipal Code to read as follows: CHAPTER 3.14 ADMISSION TAX 3.14.010 DEFINITIONS. For purposes of this chapter, certain words and phrases shall be construed as follows: (1) "Admission charge" shall mean any charge, whether or not so designated for the right or privilege to enter, occupy, or use a seat or space in any facility as hereinafter defined, or to participate as a patron in any event. It shall also mean season passes or subscriptions but shall not be construed to include complimentary, promotional or otherwise free -of -charge tickets or passes given by any operator or person. (2) "Director" shall mean the Director of Finance of the City or his or her designee. (3) "Facility" shall mean and include any building, structure, place or location wherein or at which any form of event is or can be held, carried on or conducted. (4) "Event" shall mean any entertainment, amusement or recreational activity, for - which an admission charge is made, and shall include, but shall not be limited to: shows of all kinds, all sporting contests and athletic events, exhibitions, concerts, lectures, theatrical and musical performances, fairs, and festivals. (5) "Operator" shall mean any person conducting, operating, or maintaining in whole or in part as principal, agent, officer, employee or independent contractor any event, or facility, as defined in this chapter, taxable under this chapter. For purposes of collecting the tax provided for in this chapter, there are two classes of operators, as follows: la) one who conducts, operates, or maintains an established fixed facility, wherein events are held, carried on or conducted in the operator's normal course of business, hereinafter referred to as a "fixed operator'; and (b) any other operator, hereinafter referred to as a "nonfixed operator." (6) "Patron" shall mean any person who pays or on account of whom is paid any admission charge or admission price for the right or privilege of being admitted to or to use any facility, or to participate in any event. (7) "City" shall mean the City of Indian Wells. 9 C 324 -119 City of Indian Wells Ordinance Bill No.2000-18 Page 2 3.14.020 TAX IMPOSED. There is hereby imposed a tax in an amount equal to _ percent of the price of the admission charge, including a season ticket or subscription, for the privilege of admission to any event in or at a facility: Such tax is a debt owed by the patron to the city, which debt shall be extinguished only by payment to the operator or to the city. Such tax shall be in addition to all other taxes or fees imposed by law. 3.14.030 OPERATORS DUTIES. Each operator shall collect the tax imposed by this chapter from any patron when he or she pays an admission charge or purchases an admission ticket or season ticket or subscription. All taxes collected by operators pursuant to this Chapter shall be held in a separate bank account in trust for the benefit of the City until payment thereof is made to the Director, or in lieu of such separate bank account an operator may provide a collection security pursuant to Section 3.14.110. 3.14.040 EXEMPTIONS. An application shall be filed with the Director for exemption from the tax imposed by this chapter if the charge paid for the event is one specified by this section. The Director may require such information in the application for the certificate of exemption, or in addition hereto, as will enable the Director to determine whether the charge for which the exemption is sought is eligible therefore. The following charges shall be exempt when approved by the Director: (1) Charges levied as membership or user fees for social, or private clubs and organizations, where annual membership or user fees are required as admission to the organization and or for use of the facilities i.e. golf, tennis and activities held at private country clubs; (2) Charges for registration or participation in educational events or activities held or conducted by established public or private schools which operate and maintain fixed facilities devoted to educational purposes; (3) Admission fees charged by bona fide non-profit organizations for events. 3.14.050 REGISTRATION. (1) Prior to conducting, operating, or maintaining any event or facility which is subject to this chapter, each operator shall register with the Director and obtain from him or her an "admission tax collection certificate" to be at all times posted in a conspicuous place on the premises, or on file with the manager of the facility. (2) . Upon registration, a nonfixed operator shall make an advance deposit with the Director equal to the estimated amount of the tax to be collected by the operator. 9 C ,n 325 ,„ 120 City of Indian Wells Ordinance Bill No.2000-18 Page 3 • 3.14.080 CONTENTS OF CERTIFICATE. The certificate issued pursuant to Section 3.14.050 shall include, among other things, the following: (1) The name of the operator; (2) The address of the facility; (3) The date upon which the certificate was issued; (4) If issued to a nonfixed operator, the period of time during which the event, or if successive events on consecutive days, the total period for all events; (5) "This admission tax collection certificate signifies that the person named on the face hereof has fulfilled the requirements of the city's admission tax regulations by registering with the Director for the purpose of collecting from patrons the admission tax and remitting said tax to the Director. This certificate does riot authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner. This certificate does not imply that the business.is either lawful or lawfully conducted and it does not constitute a permit." 3.14.070 TERM OF CERTIFICATE. All certificates issued pursuant to Section 3.14.050 shall be valid for the following periods: • (1) Permits issued to fixed operators shall be valid for one year, and may be renewed annually thereafter. (2) Permits issued to nonfixed operators shall be valid for the period of each specific event for which the certificate is issued. A separate certificate shall be required for each individual event, except events which are scheduled to occur an consecutive days, in which case a single certificate shall be valid for all successive occurrences of the event. 3.14.080 RENEWAL OF CERTIFICATE. The Director shall issue or renew a certificate under this chapter except on a finding that: (1) The applicant for such certificate or renewal has willfully failed to remit or has expressed his or her intent to fall to remit the tax imposed by this chapter; or (2) The applicant for such certificate or renewal has failed to -supply the Director with any information or records required to be submitted pursuant to this chapter. 3.14.090 NONTRANSFERABILITY. No admission tax collection certificate may be transferred or assigned. 3.14.100 REPORTING AND REMITTING. Each operator shall, on the date or within the time hereafter prescribed, make a return to the Director, on forms provided by the Director, of the total admissions . charges collected and received and the amount of tax collected from patrons. At 9 C 326, ,� 121 City of Indian Wells Ordinance Bill No.2000-18 Page 4 the time the return is filed, the full amount of any tax collected and due shall be • remitted to the Director. Those amounts not paid shall immediately become delinquent. The Director may establish special reporting periods for any operator if the Director deems it necessary to assure collection of the tax, and the Director may require further information to be included in the return. Returns and payments are due and payable immediately upon cessation of business by the operator for any reason. The regular reporting and remittance period shall be as follows. (1) For each fixed operator, on or before the last day of the month following the close of the prior month, or at the close of any shorter reporting period that may be established by the Director; (2) For each nonfixed operator, not later than ten days after the conclusion of the event, or within such shorter reporting period that may be established by the Director. The Director shall calculate any additional tax due that exceeds the amount of the nonfixed operator's deposit, and that amount shall be immediately paid by the operator to the Director. If reconciliation of the deposit amount with the return indicates a refund is due, it will be refunded to the operator within fifteen days. 3.14.110 COLLECTION SECURITY. The Director, whenever he or she deems it necessary to assure faithful compliance with this chapter, may require any operator subject to the provisions of this chapter to deposit with the Director security for payment of taxes. The amount of the security shall be fixed by the Director but shall not be greater than twice the estimated average liability for the period for which accounting and return are required under Section 3.14.100. Such security may be in the form of cash, cashiers' check made payable to the city, certified check made payable to the city, or a surety bond inuring to the benefit of the city, which bond shall be executed by a. corporation authorized to do business in the State of California. 3.14.120 PENALTIES AND INTEREST. (1) Tax Returns and Remittance of Deficiency Determinations. (a) Original Delinquency. Any operator who fails to file a tax return or pay a deficiency determination within the time required shall pay a penalty of ten percent of the tax in addition to the amount of the tax. (b) Continued Delinquency. Any operator who fails to file a tax return or pay a deficiency determination on or before a period of thirty days following the date on which it first became delinquent shall pay a second delinquency penalty of fifteen percent of the amount of tax in addition to the amount of tax and the ten percent penalty first imposed. (c) Interest shall accrue as prescribed in subsection (3) below. (2) Tax Returns and Deficiency Determinations. (a) Negligence. If the Director determines that any tax found to be due under this chapter or the delinquent filing of a tax return is due to negligence, a penalty of 122 City of Indian Wells Ordinance Bill No.2000-18 Page 5 . fifteen percent of the amount of tax shall be added thereto in addition to any other penalties that may be imposed. (b) Fraud.. If the Director determines that any tax found to be due under this chapter or the delinquent filing of tax return is due to fraud or an intentional disregard or an intent to evade this part or authorized rules and regulations, a penalty of fifty percent of the tax shall be added thereto In addition to any other penalties which may be imposed. (c) Interest shall accrue as prescribed in subsection (3) below. (3) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one and one-half percent per month or fraction thereof on the amount of tax, exclusive of penalties, from the last day of the month following the monthly period for which the amount or any portion thereof should have been paid until the date of payment. (4) Relief from Penalties and Interest. (a) Excusable Delay. If the Director finds that an operator's failure to make a timely return or payment is due to reasonable cause and circumstances beyond the operator's control, and occurred, notwithstanding.the exercise of ordinary care and the absence of willful neglect, the Director may walve the penalty provided for in subsection (1) above. Any person seeking to be relieved of the penalty shall file with the Director a statement under penalty of perjury setting forth the facts upon which the claim for relief is based. (5) Penalties Merged with Tax. Every penalty and such interest as.accrues under the provisions of this. section shall become part of the tax herein required to be db paid. 3.14.130 FAILURE TO COLLECT. If any operator required to collect and remit the tax imposed by this chapter fails to file and return a remittance, the Director shall proceed in such manner as he or she may deem best to obtain facts and information on which to base his or her estimate of the tax due. As soon as the Director obtains such facts and information on which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he or she shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. 3.14.140 DEFICIENCY DETERAMATION. If the Director has reasonable cause to believe the return or returns of the amount of tax required to be paid to the city by any operator are erroneous, he or she shall compute and determine the amount required to be paid upon the basis of (i) facts contained in the return or returns, (ii) other substantial evidence, or (iii) application of standard accounting techniques. A deficiency determination for one period shall not constitute a release or waiver for other deficiencies in the same or another period. 9 C o....�.,.,a 328 City of Indian Wells Ordinance Bill No.2000-18 Page 6 3.14.150 OFFSETTING OF OVERPAYMENT. In making a determination pursuant to Sections 3.14.110 and 3.14.120, the Director may offset any overpayments for a period or periods, against penalties, and against interest on underpayments. Interest on overpayments (for purposes of offsetting as in this section provided) and underpayments shall be computed in the. manner set forth in Section 3.14.120. 3.14.160 NOTICE OF DETERMINATION. The Director shall give to the operator written notice of any determinations made Pursuant to Section 3.14.110 and 3.14.120. This notice may be served personally or by depositing in the United States postal service, postage. pre -paid, and addressed to the operator at his or her address as it appears in.the records of the Director. In case of service made by mail of any notice required under this chapter, the service is complete at the time of deposit of the notice. 3.14.170 HEARING. Any operator served pursuant to Section 3.14.160 may within fifteen days after servicing or mailing such notice, make application in writing to the Director for a hearing by the Director to review the amounts determined and assessed under Sections 3.14.110 and 3.14.120. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Director shall .become final and conclusive and immediately due. Any operator against whom interest or penalties have been assessed pursuant to Section 3.14.120 may make an application in writing. for a hearing with the Director to review the amounts of tax owing and accrued penalties and interest thereon within thirty days after notice of delinquency. If such application is made, the Director shall give not less than five days written notice in the manner prescribed by Section 3.14.160 to the operator to show cause at a time and place fixed in such notice why such amount specified therein should not be assessed including such tax interest and penalties, if any. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the Director shall determine the proper tax together with interest and penalties thereon to be remitted and shall thereafter give written notice thereof to the operator in the manner prescribed in Section 3.14.160. The amount determined -to be due shall be payable after fifteen days unless an appeal is taken as provided in Section 3.14.180. 3.14.180 APPEAL. Any operator aggrieved by any hearing decision of the Director may appeal to the City Council. Said appeal must be made within 15 days of the hearing decision. 9 C �m max„ 329 124 11 • City of Indian Wells Ordinance Bill No.2000-18 Page 7 The decision of the council shall be final and conclusive. Any amounts determined shall be due and payable on the service of notice of the decision, which shall be served in the manner set forth in Section 3.14.160. 3.14.190 RECORDS: Every operator liable for the collection and payment to the city of any tax imposed by this chapter shall keep and preserve all records sufficient in nature to determine the amount of such.tax as the operator may have been liable for the collection of payment to the city. Records which shall be kept shall include, but are not limited to, records of admission on a daily/subscription basis by number and price and all cash register tapes and sales records. The Director may examine the books, papers, records and equipment of any operator liable for the tax imposed by this chapter and may investigate the. character of the business of the operator in order to verify the accuracy of any return made, or if no return is made by the operator, to ascertain and determine the amount required to be paid. 3.14.200 REFUNDS. (1) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided herein; provided, that a claim in writing therefore, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Director within one year of the date of payment. The claim shall be on forms furnished by the Director. (2) An operator may claim a refund or take as credit against taxes collected and remitted any amount overpaid, paid more than once or erroneously or illegally collected or received. Neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the patron or credited to an admission charge subsequently payable bythe patron to the operator (3) A patron may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the manner provided in subsection (1), but only when a tax was paid by the patron directly to the Director or when the patron, having paid the tax to the operator, establishes to the satisfaction of the Director that the patron fiat been unable to obtain a refund from the operator who collected the tax. (4) No refund shall be paid unless the claimant establishes his or her right thereto by written records showing entitlement thereto. 3.14.210 ACTIONS TO COLLECT. Any tax required to be paid by any patron under the provisions of this chapter shall be deemed a debt owed by the patron to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the G:KIlGMiK beM1A9 9 C 330 U 125 City of Indian Wells Ordinance Bill No.2000-1 a Page 8 operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. 3.14.220 AMENDMENTS Section 3.14.010 and 3.14.030 through 3.14.220 may be amended by the City . Council to further the purposes of this Chapter. SECTION 2. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. The City Council, and the electorate by referendum, do hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional. SECTION 3. This ordinance, or any provisions thereof other than those provisions, if any, which provide for modification by the City Council of the City of Indian Wells, may only be amended or repealed by a majority of the voters voting on the ordinance or provisions thereof at any initiative or referendum election. SECTION 4. This ordinance shall be referred to, and shall be effective only if approved by a majority of the voters residing within the City voting at an election to be held on November 7, 2000, and shall go into effect ten (10) days after the City Council has, by resolution, declared that this ordinance was approved by a majority of the voters voting thereon. SECTION 5. The Mayor shall certify to the passage and adoption of this ordinance by the electorate voting thereon on the 7th day of November, 2000. I hereby certify that the foregoing ordinance was PASSED, APPROVED AND ADOPTED by the people of the City of Indian Wells on the 7th day of November, 2000. PERCY L. BYRD MAYOR 9 C 331 126 City of Indian Wells Ordinance Bill No.2000-16 Page 9 ATTEST: GEORGE J. WATTS CITY MANAGERMITY CLERK I* APPROVED AS TO FORM: JOHN L. COOK CITY ATTORNEY 12� 332 ATTACHMENT 2 Special Election Timeline for placement of a Special Tax Measure on the Riverside County Ballot Board of Directors must file Resolutions Calling the Election and Requesting Last day to Request August 10, 2012 E.C. §§ 104 Consolidation and Services with the Registrar of Voters by this dale. Both Consob'dab'an 10402, f0403 Resolutions must be adopted at the same time. Board Secretary must submit Ordinance / Measure to the Registrar of Voters EC. §§ 9222, by this date. The statement of all measures submitted to the voters shall be i0'p August 10, 2012 Ordinance/measure 9223, 13247 abbreviated on the ballot. The statement shall contain not more than 75 words for each measure to be voted on. (Bd! August 10, 2012 Boundary Changes E.C. § 12262 Last day boundary changes may be made for this election. E.C. § 12111; Board Secretary shall publish a notice of election including a synopsis of the (2;3) August 10, 2012 Public Notice of Election G.C. §§ 6060, measure(s). The last day to submit arguments to the Board Secretary should 6061 be included in the notice and it shall be published once. Last day to Submit Tax- E.C. § 9400 at In connection with a bond issue specified in E.C. § 9400, a statement shall (pit) August 10, 2012 rate Statement seq. be mailed to the voters with the sample ballot for the bond election. Vuhenever a legislative body has ordered that a measure be submitted to the (5:i1 August 15, 2012 Last day to Wrfhdraw E.C. § 9605 voters of any jurisdiction at an election, me order of election shall not be Measure emended or withdrawn after this date. Attorney of the Board prepares and submits analysis of measure. Analysis August 20, 2012 Impama/Analysis of E.0 § 9280 shall be printed in the ballot pamphlet preceding the arguments and shall not Measure exceed 500 word.. Last day to file arguments with the Board Secretary. Arguments shall not August 20, 2012 Last day to file E.C. §§ 9282, exceed 300 words and shall be accompanied by a Statement of Authors Arguments 9286 lane. No more than five authors may sign the statement, farm Last day to file Rebuttals Last day to file rebuttals to arguments with the Board Secretary. Rebuttals (;is! August 30, 2012 to Arguments E.C. § 9285 are limited to 250 words. ;Sul September 11, 2012 Older printing of election E.0 § 9295 Register of Voters prepares copy for printer and orders ballots. materials Mail Sample Ballots and E.C. §§ 9223, 9280 et Between these dates the Registrar of Voters shall mail a sample ballot to i21 j 09/27/12 - 10/16/12 Election Materials to seq., 13303, G.C. each voter, who is registered at least 29 days prior to the election. Voters § 57148 Men ballots are to be counted by computer, the Registrar of Voters may r t 1) October 26, 2012 Process Absentee Voter E.C. § 15101 et. begin processing ballots 7 business days prior to the election. No count may and Mailed Ballots seq. be made urdil after the polls dose on election day. The polls will be open from 7:00 a.m. and will close at 8:00 p.m. Absentee ' November 6, 2012 ELECTION DAY ballots may be turned in, before the polls dose, at any polling place in the jurisdiction. E.C. §§ 10260 at 2 November 8, 2012 Canvass Election seq., 15301 at Registrar of Voters shall commence the official canvass on this day. Returns seq. During the Official Canvass the Elections Official shall conduct a public 3 - 15 11/09/12 - 11/21/12 Percent Manual One Per cent E.C. § 15360 manual tally in 1 percent of the precincts chosen at random by the elections TallyOfficial. No later than this date, the Registrar of Voters will certify the election results. As soon as the canvass is completed, the Registrar of Voters shall send a E.C.§§f026Z statement of the results of the election to the Board Secretary. The 20 November 26, 2012 Statement of Results f0263, 15372 statement shall show (1) whole number of votes cast in the District, (2) measures voted upon, (3) number of voles given at each precinct for and against each measure. 128 W1LLDA `1 C' Gxr PmpnrnlfonG Ciy u/1sQuium V4 ii"�� Financia75ervlces ATTACHMENT 3 May 12, 2009 Page 1 aJ 19 Memorandum To: Tim Jonasson and Ann Weaver, City of La Quinta From: Jim McGuire, Jennie Carter, Willdan Financial Services Date: May 12, 2009 Re: La Quinta Proposed Park Maintenance District Preliminary Rate Structure Summary of Findings On behalf of the City of La Quinta ("Cityl, Willdan Financial Services ("Willdan'� has conducted a preliminary analysis of the City's park, open space and trail improvements to evaluate the feasibility of establishing a district to provide a revenue source (funding) to support the maintenance and enhancement of the City's recreational improvements for the properties within the City. Over the recent months, Willdan has worked closely with City staff gathering relevant information regarding the City's park and recreational improvements and developing the parameters for establishing a possible Citywide Assessment District ("District") to fund the ongoing operational and maintenance costs of the parks, trails and open spaces (collectively referred to as "maintenance"), as well as the long term repairs, renovations and rehabilitation costs associated with those improvements and • facilities (collectively referred to as "capital costs"). While this memo identifies an estimate of the possible assessments that may be associated with this District, these assessments are only a preliminary estimate of those possible assessments based on some basic assumptions regarding the overall cost of providing the improvements, cost allocations and the method of apportionment. Ultimately, the various preliminary findings and factors that are outlined in this memo will require further analysis and refinement (particularly the budgeted costs and method of apportionment) if the City decides to move forward with the possible formation of the District. This additional analysis and refinement of the costs and assessments would be addressed in the development of an Engineer's Report that is required pursuant to the Landscaping and Lighting Act of 1972 and the California Constitution (Proposition 218). As part of this evaluation, Willdan has reviewed the improvements and budget information provided by the City and has researched parcel data and factors that support the formation of an assessment district within the boundaries of the City. Secured roll data, including parcel numbers, acreage, ownership, and land use codes were analyzed against and united with current geographic information system data in an effort to determine a basic method of apportionment and rate structure for an assessment district. While our evaluation concludes that an assessment district is a feasible approach for the City to consider, such a district would require the establishment of benefit zones which would reflect differences in special benefits and assessments within the City (Zones of Benefit). Although approximately 83% of the parcels within the City could be assessed for special benefits received from all park and recreational improvements, approximately 15% would be subject to special benefit . assessments for trail maintenance and capital costs only and the remaining properties (less than 2%) 12g May 12, 2009 Page 2 of 19 ® have been identified as receiving no measurable special benefits and would not be assessed for existing improvements. Although our evaluation has determined that an assessment district with zones of benefit is a viable approach to creating a revenue source to support the City's recreational improvements, such an assessment district requires that general benefits be separated from special benefits and the District may only assess for special benefit. Our analysis of the improvements and associated costs suggests that approximately fifty-five percent (55%) of the regular annual maintenance costs would be considered special benefit, but capital costs, such as enhancement, renovation and rehabilitation of the improvements would be largely considered special benefits and recovered through the assessments, but such projects and costs need to be clearly identified and evaluated further as part of developing an Engineer's Report for the District. As outlined in this memo, we estimate that the City could recover approximately $1,268,500 of the 52,190,200 estimated to fully fund the maintenance and long term needs of the City's current park, open space and trail system infrastructure. The following provides a more detailed analysis of our findings and identifies key elements for the City to consider. Method of Apportionment Based on the provisions of the 1972 Act and the California Constitution, this section of the memo summarize an analysis of the benefits associated with the City's existing park, open space and trail improvements that may be incorporated into a citywide special benefit assessment district (both • general and special); the resulting district structure (zones of benefit); and the formulas used to calculate potential proportional special benefit assessments based on the entirety of the cost to provide the improvements (method of assessment). Benefit Analysis The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include but are not limited to the construction, maintenance, operation, and servicing of park and recreational improvements. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value: ,The net amount to be assessed upon lands within an assessment district may be apportioned by ally' formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benots to be received ly each such lot or panel from the improvements. " In conjunction with the provisions of the 1972 Act, the California Constitution Article XIIID addresses several key criteria for the lei, of assessments, notably: Article XIIID Section 2d defines District as: `District means an area determined by an agency to contain all parcels which will receive a sperial benefitfrom a proposed pablic improvement or prope ly-related service 0 130 May 12, 2009 Page 3 of 19 Article XIIID Section 2i defines Special Benefit as: "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit. " Article XIIID Section 4a defines proportional special benefit assessments as: `An agency which proposes to levy an assessment shall identifil all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cast of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the properly related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. " The method of apportionment (cost allocation) established for an assessment district requires that each assessed property receives special benefits from the improvements and services that are funded by such assessments, and the assessment obligation for each parcel reflects that parcel's proportional special benefits as compared to other properties that receive special benefits as outlined in the preceding definitions of the 1972 Act and the California Constitution. In reviewing the location and extent of the City's parks, open spaces and trail system (Please refer to Diagram 1— Improvement Details for an overview of the City's park, open spaces and trails) and the relationship these improvements have to properties within the City, it has been determined that all properties in the City (with the exception of the small area east of Monroe Street) are within one and a • half miles (1 '/z miles) of an existing park and/or open space area, which is well within what would typically be considered the average service area for local parks and open spaces. (Please refer to Diagram 2 — Z5 Mile Park and Open Space Radius for an overview of the sphere of influence of the City's park based on a 11/2 mile radius). Furthermore, these parks and open spaces can be easily accessed by the City's interconnecting trail system that is immediately adjacent to all but approximately two percent (29/o) of the City's properties and/or developments. While this would suggest that collectively, the City's parks, open spaces and trails provide a direct and local benefit to the properties within the City, it is also reasonable to conclude that the use and accessibility to these improvements is not limited to the properties and the owners of such properties and therefore provide some identifiable general benefit. In our evaluation of the City's trail system it was determined that the City has an extensive trail system that extends throughout most of the City and these various trail segments provide direct access to the City's parks and open spaces as well as other trails, of which approximately twenty percent (20%) of these trail segments provide access points to and from areas outside the City. This accessibility from outside the City suggests potential use by the general public and a measurable degree of general benefit. Similarly, consideration must be given to the likely or potential use of the City's parks by the general public to establish a level of general benefit for those improvements. Although actual park usage is often times difficult to quantify, in our research, the City's Community Services Department provided policy guidelines that the City has followed for a number of years that has limited non- resident participation in various recreational leagues to be no more than 25%. Clearly this indicates that the City (at least from a policy perspective) has limited or attempted to limit the general public's 131 • • May 1$ 2009 Page 4 of 19 use of the City's recreational improvements which in turn enhances a special benefit nexus to properties within the City. Collectively, trail accessibility from outside the City and limits on non- resident league participation strongly suggests that less than twenty-five percent (approximately 22.5%) of these combined improvements and their associated maintenance costs would be quantified as general benefit to the public at large. In conjunction with the measure of general benefit to the public at large, it is also recognized that because these improvements are collectively associated with the entire City and are not necessarily specific to a particular development or developments (which is often times the case with assessment districts), clearly there is some measure of general benefit to the properties within the City as well as the general public. Therefore, in addition to those costs attributable as general benefit to the public at large, it is reasonable to conclude that an additional percentage of the annual maintenance costs for parks, open spaces and trails should be considered general benefit to properties within the City (District). For purposes of this preliminary evaluation, the general benefit to properties within the City has been estimated to be approximately twenty percent (20%) based on two considerations: 1.) If such improvements (park and recreation improvements) provide a certain degree of general benefit to the public at large, properties within the district and the owners of those properties should reasonably have a similar level of general benefit from those improvements (22.5% based on the previous discussion); 2.) Although it is certainly reasonable to conclude that parcels within 11/z miles of the City's various parks and open spaces each benefit from such improvements and the trail system clearly enhances that benefit nexus, it is also reasonable to assume that a measure of special benefit requires a more direct local nexus. Therefore, utilizing a reduced park radius of between '/2 of a mile and '/4 of a mile (which would be considered reasonable walking distance and clearly a direct local association between the various park sites and the surrounding developments and subdivisions), it has been determined that only about seventeen percent (17%) of the developments, subdivisions and properties within the City would be outside this more closely defined park radius. (Please refer to Diagram 3 — Special Benefit Park Radius for an overview of the sphere of influence of the City's parks based on a radius of less than'/4 of a mile). Together these two considerations would suggest an average general benefit percentage of 20% to properties within the District. Based on the preceding discussion, collectively it is reasonable to conclude that approximately forty- three percent (42.5 %) of the City's annual maintenance cost for the existing parks, open spaces and trails should be considered general benefit (22.5 % to the public at large and 20% to properties within the City). However for purposes of this preliminary evaluation, the following discussion regarding budgets and assessments assumes a more conservative estimate of general benefit (Forty- five percent [459/6]). This general benefit allocation would be applicable to the regular annual maintenance costs and incidental expenses associated with the improvements. Conversely, the costs to maintain various quasi -park improvements such as City Hall and the Civic Center Campus are considered to be entirely general benefit costs, while capital costs (excluding City Hall and the Civic Center Campus) are considered to be entirely special benefit because such efforts are for enhancement or expansion of the existing improvements which is entirely for the special benefit of properties in the City. 132 ,Llay 12, 2009 Page S o(19 Assessment Methodology In order to calculate and identify the proportional special benefit received by each parcel and their proportionate share of the improvement costs, it is necessary to consider not only the improvements and services to be provided, but the relationship each parcel has to those improvements as compared to other parcels in the District. Article %IIID Section 4a reads in part: "...The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement or for the cost of the property related service being provided No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. " Parks, open spaces and trails, like most public improvements, provide varying degrees of benefit (whether they be general or special) based largely on the extent of such improvements, the location of the improvements in relationship to the properties, and the reason or need for such improvements as itotelates to individual properties. In this analysis of a possible citywide district these issues are each considered in determining the proportional special benefit to each parcel by the use of benefit zones that reflect the extent and location of the improvements in relationship to the properties, as well as the specific use and size of each property which reflects each parcel's need for such improvements and its reasonable cost of the proportional special benefit as compared to other properties that benefit from those improvements. Zones of Benefit In an effort to ensure an appropriate allocation of the estimated annual cost to provide the improvements based on proportional special benefits, this potential citywide assessment district would likely be established with benefit zones ("Zones") as authorized pursuant to Chapter 1 Adicle 4, Section 22374 of the 1972 Act: `The diagram and assessment may classy various areas within an assessment district into different tioues where, by reason of variations in the mature, location, and evient of the improvements, the various areas will receive differing degrees of beri fnt from the improvements. A tiore shall consist of all territory which will receive substantially the same degree of ben ft from the improvements. " While the California Constitution requires that "the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation e,,penes of a public improvement...", it is reasonable to conclude that the location and extent of the specific improvements in relationship to those neighborhoods or groups of parcels immediately- adjacent or in close proximity to those improvements must be considered. In reviewing the location and extent of the various park, open space and trail improvements and the relationship these improvements have to properties within the City, it has been determined that these improvements are clearly local amenities that are directly associated with or desired for the development of such properties to their full and best use. As such, these local improvements have a direct and particular special benefit to the properties within close proximity to such improvements, which enhance their access or use of such improvements and provide a level of service and 0 amenities that are not directly associated with other properties. 133 May 12, 2009 Page 6 of 19 ® As previously noted, with the exception of a small percentage of the parcels along the eastern boundary of the City, generally parcels within the City are located within a 1'/2- mile radius of an existing park or open space, and have direct and/or easy access to a park or open space via the City's existing trail system. In narrowing this radius to '/a mile, each parcel's proportional special benefit from the parks and trails is further clarified. In recognition of these differences, the District would initially be established with three (3) Zones to reflect the proportional special benefits that various properties receive from the various improvements and associated costs. The following provides a description of the three Zones: Zone 01 Zone 01 incorporates and includes those developments and properties in the City that are within '/a of a mile (radius) of a park and/or open space, and is adjacent to or in close proximity to one of the City's trail segments that provide direct and easy access to those parks and open spaces. Accordingly, parcels within this Zone would be assessed for their proportional share of the costs to maintain these parks, trails and open spaces, as well as their proportionate share to fund related capital improvements, replacements, expansion and renovation of these improvements. Zone 02 Zone 02 incorporates and includes those developments and properties in the City that are more than 3/4 of a mile (radius) from an existing park and/or open space, but is adjacent to or in close proximity to one of the City's trail segments that provide direct and easy access to those parks and open spaces. Accordingly, parcels within this Zone would be assessed for their proportional share of ® the annual costs to maintain the trails but not the parks and open spaces. However, because of their easy access to the parks and open space areas via the trail system it has been determined that these properties should be assessed for their proportionate share to fund related capital improvements, replacements, expansion and renovation of not only the trails, but the park and open space improvements. C Zone 03 Zone 03 incorporates and includes those parcels within the City that are not included in Zones 01 or 02. These developments and properties are more than '/, of a mile (radius) from an existing park and/or open space, and are not currently adjacent to or in close proximity to one of the City's existing trail segments. Accordingly, parcels within this Zone would not be assessed for the annual costs to maintain the trails, parks or open spaces. While a case could be made that these parcels would receive special benefits from various capital improvement, replacement, expansion and renovation projects associated with the City's parks, trails and open spaces, those special benefits would likely depend on the specific projects. Therefore, for purposes of this preliminary analysis, it is assumed that properties within Zone 03 would have limited or no special benefit from these projects and would be exempt from special benefit assessments until such time that trails and/or parks are expanded so that these properties have a direct local presence from those improvements. Although our analysis suggests that three Zones of benefit would be initially established for a citywide assessment district based on the current improvement infrastructure, these Zones could potentially be consolidated into two Zones and possibly a single Zone if the City were to add additional trails within Zone 03 and/or construct one or more parks in the eastern area of the City. 16 134 • May 12, 2009 Page 7 0(79 Please refer to Diagram 4— Zone and Improvement Detail for an overview of the three Zones and the relationship to the various improvements. For clarity purposes, Diagram 5 — Zone Detail provides an overview of the Zones without the improvement overlay. Equivalent Benefit Units In addition to the use of Zones, the method of apportionment established for an assessment district should reflect the proportional special benefit of each parcel utilizing a weighted methodology of apportionment. For purposes- of determining an appropriate cost allocation, in this preliminary analysis we have utilized a weighted methodology typically referred to as an Equivalent Benefit Unit (EBU) methodology. This method of apportionment establishes the typically detached single-family home site as the basic unit of assessment. a single-family residential unit is assigned one (LO) Equivalent Benefit Unit (EBU) and other property types (land uses) are proportionately weighted (weighted EBU) based on a benefit formula that equates each property's specific characteristics and special benefits to that of the single-family residential property. This proportional weighting may be based on several considerations that may include, but are not limited to: the type of development (land use), development -status (developed versus undeveloped), size of the property (acreage or units), population densities or other property related factors including any development restrictions or limitations; as well as the property's location and proximity, to the improvements (which is addressed by its Zone designation). For the improvements and assessments outlined in this memo, it has been determined that the most . • appropriate proportional special benefit calculation for each.parcel is reasonably determined by three basic property characteristics: • Location — as previously noted, each parcel in the District shall be identified and grouped into one of three Zones based on each parcel's proximity and relationship to the District improvements. Land use — for purposes of this analysis, we have classified and grouped various land uses into a few basic categories including: Developed Non -Residential Properties (various commercial, industrial, institutional and other non-residential properties including government owned properties); Residential Properties (Single-family, Multi- family, condominiums and timeshares-); and Vacant land (undeveloped properties that may be zoned for either residential or non-residential use). • Property Size — acreage for non-residential properties; Units for residential properties. Property, size (acreage or units) provides a definable and comparative representation of each parcel's proportional special benefit not only to similar types of properties but to other properties as well. The following is a summary of the property types and Equivalent Benefit Unit assignments utilized for this preliminary analysis. The method of special benefit allocation to each parcel type shown below is based on typical industry standards, but adjusted to reflect the City's overall development characteristics including comparable residential density statistics from the U.S. Census Bureau from the years 2005-2007, and other documentation provided by the City. If the City chooses to move • forward with the formation of an assessment district, it is likely that this basic allocation by land use 135 :Moy 12, 2009 Page 8 of 19 ® may be expanded or modified to more accurately reflect the proportional special benefits to various property types-. EBU Multi' Limits Developed Single Family _ ":�a rvrf-1 h7M�laU_.:i.ii'r- _ _ 1.00 Lrk!*�51 per Parcel _:�iJlel.t No Limits ,�b.�itT�7 _ No Limits - �U tAl.4l��Acrti�.i�.-...Itii�U11 �:�,Ji ✓.�.rF'{,a u;l ._ �— _ yI"}.,`` `iL _._. Minimum of 1 EBU, Maximum of 5 EBUs per Parcel�.i Developed Condo C1�t697 _ Vacant 4t71s - 0.75 per Unit g�>. _ 0.50 _ �" atop per Acre_ ..Y31.fiiT,+:.31 Based on the preceding method of special benefit allocation to each parcel type shown above and the parcel land use information from the most recent County secured roll data and the County's geographic information system ("GIS"), the following provides a summary of the number of parcels and Equivalent Benefit Units for each land use classification applied in this assessment analysis. Developed Single Family 15,818 15,818.00 Developed Condo 1,279 959.25 Vacant 5,223 7,014.98 ` N' Cost Allocations Pursuant to the provisions of the California Constitution, the proportionate special benefit derived by each parcel within an assessment district and its corresponding assessment obligation shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement. The following formulas are used,to calculate each parcel's Levy Amount (proportional assessment obligation): Step 1: Based collectively on the preceding discussion and findings, the estimated annual cost to provide the various District improvements have been identified as either general benefit or special benefit. Those improvement costs determined to be of general benefit shall not be assessed to properties within the District and these costs are deducted from the total budget to establish the improvement costs determined to be of special benefit. Total Budget —.General Benefit Costs = Total Special Benefit Costs Step 2: Those improvement costs determined to be of special benefit are apportioned to each of the three Zones established, in proportion to the cost of providing the improvements for that Zone. As previously noted, it has been determined that 136 May 12, 2009 - Page 9 of 19 ® properties within Zone 03 do not receive identifiable local special benefits from the City's existing improvements and receive only general benefit from those improvements and facilities. Therefore, no costs are budgeted as special benefit in this Zone and the properties therein are not assessed. Zone Specific Special Benefit Costs = Total Zone Budget Step 3: The Total Zone Budget minus any additional contributions from the City or other revenue sources establishes the "Balance to Levy" for that Zone. This Balance to Levy amount is proportionately allocated to each parcel within the Zone based on their calculated EBU. Total Zone Budget — Additional City Contribution = Balance to Levy (Zone) Step 4: Each parcel's proportional special benefit is calculated based on the Equivalent Benefit Unit rationale previously discussed: Parcel's Land Use Benefit x (Acreage or Units) = Parcel's EBU Step 5: The total number of Equivalent Benefit Units for each Zone is determined by the sum of all individual EBU(s) applied to parcels that receive a special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for each Zone is established by taking the Balance to Levy in that Zone, and dividing that amount by the total number of EBU(s) for that Zone. • Total Balance to Levy/Total EBU = Assessment Rate (Calculated per Zone) Step 6: This Assessment Rate is then applied back to each parcel's individual EBU to determine the parcel's proportionate benefit and assessment obligation. Rate per EBU x Parcel EBU = Parcel Levy Amount The potential costs (budgets) that would be used to establish the assessment rate for each Zone are outlined in the following section. Budget (Cost) Assumptions In this analysis, Willdan has utilized budget details provided by the City for fiscal year 2008/2009, as displayed in the following table, to establish an estimate of expenses to properly maintain the improvements: ® 131 Q 1IR 4m 0 . Iµ 31 � S�� l� :Alm';�►�lm� "- r ry cu Ilil,l, a c3 IY�NIc iNl�lrl�l' an�I I ® coom 1 I . oi, , �i�►o �ia� ion$ �. l� � � i�i .� i,. - � a a 9 C d-lay 12, 2009 Page 11 of 19 ® Based on the cost assumptions and calculations described in the preceding table, it is estimated that approximately 2.19 million dollars ($2,190,200) is required to maintain the City's current park, open space and trail system infrastructure of which approximately $542,600 is budgeted for the City's long term repairs, renovations and capital improvement projects. However, only about $1,268,500 of these costs have been identified as special benefit costs, with approximately $1,194,100 being associated with Zone 01 properties; approximately $74,400 associated with Zone 02 properties; and no costs being associated with Zone 03 properties. Utilizing these cost estimates, a preliminary estimate of proposed assessments for properties within the City has been developed. based on the equivalent benefit units referenced in the preceding discussions. The following tables provide a summary of the special benefit cost allocations to the various Zones and land use types within those Zones. Total Cost Allocation Developed Single Family 1.00 0.75 15,818 1,279 15,818.00 644,330 959.25j _$ 39,074 Developed Condo _.-_� tit §r: i• a1) _ ?(1 _ _ nr.i _ - ti F 1 ''L Vacant _- _S: 0.50 - - 5,223 7,014.98 285,748 Zone 1 Cost Allocations m .- ,one Developed_{SiyngleFaGm'ily 13,725.00 $ 635.294 i Developed Condo 959.25 44,401_ _ ---.�. (G7'el:iill!�'1FI�..___ --_�_—�-Vacant v _ 5,182.58 239,888 Based on the preceding tables, a single-family residential property in Zone 01 would have an annual assessment of approximately $46.30, which would be the assessment rate per EBU for that Zone. Zone 2 Cost Allocations 0 yak, 12, 2009 Page 12 of 19 ® Based on the preceding tables, a single-family residential property in Zone 02 would have an annual assessment of approximately $15.30, which would be the assessment rate per EBU for that Zone. Zone 3 Cost Allocations Type _ e +' . Zone 3�, ': Zone 3 '.: EBUs:' Total Asmt Developed Single Family Developed Condo Vacant 395.12 - Based on the preceding table, parcels within Zone 03 only receive general benefit from the existing improvements and therefore this Zone would have an assessment rate that is $0.00 per EBU. If the City elected to pursue the implementation of a special tax rather than an assessment utilizing a similar method of apportionment but not the Zone structure, this same revenue amount (approximately $1,268,500) would equate to an annual tax rate of approximately $40 (amount per a single-family- residential property) but applied to all properties in the City including those in Zone 03. If the City wanted to pursue the full funding of the improvements through a special tax (approximately $2,190,200), the annual tax rate would be approximately $94 (amount per a single- family residential property). • Regardless of whether the City selects an assessment district or a special tax to fund the City's parks and recreational improvements, the measure submitted to the property owners or voters should include an annual inflationary- adjustment to be applied to future assessment/tax rates. Because the cost of operating, servicing and maintaining park, open space and trail improvements are impacted by inflation over time, the proposed assessment rates or tax rate and corresponding parcel assessment/tax should include an annual inflationary adjustment based on either a set percentage rate, or the annual percentage change in the local Consumer Price Index. Special Tax vs. Assessment District While the primary objective of Willdan's efforts and the focus of this memo has been to outline the feasibility and overall structure necessary to establish a Citywide Assessment District for the City's park, open space and trail system improvements, consideration should also be given to the possibility of establishing a special tax to fund such improvements and costs. Although a special tax requires a two-thirds (66.7%) approval of registered voters to implement compared to the simple majority approval of property owners for an assessment (weighted ballots), the following are some notable distinctions between special taxes and assessments that the City should consider: Advantages of a Special Tax a A special tax does not require the detailed support and analysis of special benefit and general benefit required for an assessment and given the recent State Supreme Court decision (Silicon 140 May 12, 2009 Page13of19 Valley Taxpayers Association rersris the Santa Clara Canty Open Space Authority), judicial review and possible challenges are a greater concern for an assessment than previously was the case; > A special tax can include costs which an assessment cannot (an assessment district cannot assess for general benefit while a special tax is only limited by the purposes specified for the special tax); > The cost allocation structure for a special tax is typically more simplistic than an assessment district. A special tax usually is based on a single rate for the entire City (a flat rate that may be applied to various land uses or even a simple per parcel tax) compared to that of an assessment district that because of special benefit and proportionality requirements (particularly for a Citywide district), inevitably requires more than a single assessment rate and a more detailed or complex apportionment to various property types; > Because the cost allocation structure is usually less complicated for a special tax, public education and informational efforts are usually more focused on the need and advantages of the revenue source rather than explaining the differences in assessments which tend to make the ballot measure less controversial; > Although a special tax has a greater voter threshold, those that are most likely to support funding for park and recreational improvements are usually the residents of the City (registered voters). Conversely for an assessment balloting, out-of-town property owners, multi -family residential property owners (apartments) and non-residential properties may be less likely to support such an assessment and could have a significant impact on the voting results; • > For the City of La Quinta, in addition to funding park and recreational improvements, a special tax could be constructed to also fund recreational services and programs and/or funding of the Citv's median landscaping (replacement of the current assessments which has limited revenue capabilities-); and > For an assessment district, expansion of the existing improvements would likely facilitate modifications to the existing zones (areas of benefit) and increases to the assessments for the affected areas, a special tax would not require such modifications ultimately reducing administrative costs. Advantages of an Assessment > The most obvious advantage for pursuing an assessment rather than a special tax is the simple majority approval threshold, and if multi -family residential property owners (apartments) and non-residential properties (specifically commercial properties) are generally supportive of such assessments, the chances for a successful ballot outcome are good; > Each property is assessed only for their proportional special benefits and benefits compared to other properties. Properties only pay for the local improvements that directly benefit the property (Example: In the proposed assessment district structure previously discussed, properties in Zone 3 would not be assessed unless and until local parks, open space or trails are constructed in their area); u 1�1 May 12, 2009 Page 14 of 19 ® > While the City cannot use City funds to advocate either a special tax or an assessment, because approval of an assessment is not considered an election, there are fewer restrictions on the use of City funds for public outreach and education; > Balloting for an assessment can be done any time during the year (although there are some legal opinions to the contrary), while a special tax requires the election to be scheduled and conducted at specified dates established by the California Elections Code; and > Balloting for a new assessment may be conducted by a mailed ballot proceeding, while the balloting for a special tax does not currently provide for a mailed ballot proceeding. (Typically a mailed ballot proceeding is less expensive to conduct than an election handled through the County Registrar of Voters). Additional Considerations The assumptions and calculations detailed in the preceding discussions reflect a preliminary estimate of possible assessment rates for the City's parks, open spaces and trails based on existing estimated maintenance cost data. Although the estimated assessment rate options outlined in this analysis certainly suggest that an assessment district may be a viable approach to funding the City's parks, open spaces and trails, there are several issues that must be considered: > The estimated annual maintenance costs outlined in this memo are based on the City's Fiscal Year 2008/2009 Park Operations Cost. • > Our analysis relies heavily on County secured roll data for identifying and determining individual land uses and property characteristics (which is sometimes incomplete or inaccurate) as well as the County's geographic information system ("GIS'�. Although an assessment rate based on this data is certainly appropriate, a detailed audit of all City parcels to identify accurate land use designations for all parcels, acreage for commercial and vacant properties and unit counts for multi -family residential properties is likely needed before assessment rates can be finalized. 11 > While we have included Capital costs based on the City's FY 08/09 Budget for Parks, the estimated costs and subsequent assessment rate estimates presented in this memo do not include the possible higher costs that will inevitably result from the City's plans to enhance and renovate the City's existing parks, open spaces and trail system. Further identification and estimates of the associated costs for those specific improvements or enhancements will need to be developed before finalizing an assessment rate that would fund this increased burden. In the next phases of the project (if authorized by the City) Willdan will continue to refine the methodology presented here by working on the parcel database as well as collaborating with the City staff to develop reasonable cost estimates and methodology for the rate structure. We look forward to our continued collaboration on this project with the entire team as the project progresses. Please feel free to call or email Jim McGuire to discuss these findings at 951.587.3536 and jmcguire@willdan.com 142 b9ny 12, 2009 Page 15 of 19 E • N W+E 5 VWILLDAN Financial Services • Diagram 1 Improvement Details La Quints Park Maintenance District (Parks, Open Spaces and Trails) �s1,M 143 ,Lfny 12, 2009 Pa ge16of 19 • F-I L N W+E S (WILLDAN Financial Services • Diagram 2 1.5 Mile Park and Open Space Radius Le Was Perk Maintenance Mdrict (Parka Open Spews end Trails) R.v W5nM 144 Alay 12, 2009 Page 17 of 19 • • tse.m r::•w..mmy ®m• sw o m'= N W+E S �WILLj DAN Financial Services • Diagram 3 Special Benefit Park Radius Le Ouinte Perk Maintenance District (Parks, Open Speces and Traits) Rwisetl snvog 145 May 12, 2009 Page 18 of 19 • r W+E S WILLDAN r <;_ Financial Services • Diagram 4 Zone and Improvement Detail La Quints Park Maintenance District (Parks, Open Spaces and Tmils) ner'i SM IO It 146 • • Alnp 12, 2009 Pr3e 19 of 19 N W+E s WWILLDAN Financial services Diagram 5 Zone Detail Le Ouinta Perk Maintenance District (Parka Open Speces and Trails) a A. snvos 141 city rim Quiou ATTACHMENT 4 Laredreape & Lighueg Maio¢troves, District Formation & Balloting for Fiscal Yeu 201L20U Fmumrd Ballot Timlimm FP fog u n' 1 v r fi led p,2zd P 5 d I Y`m u i .i/ le 'IF�ftd i Ii0 iAv i:6:.r 5;= E 1'• Mtn ar'sdf�x P@� _.p .1:",r d:-ri ffmhoR Meedog To discuss the Diane and cis WI ex mclso ns—Deluswo of puldud issues, Chy Merida 02/27/12 — 03/02/12 FeJay Couvaddiscs,Dole,,patches beclufin, reproanunn and iuvicex), budI urt mvxdon uranv other facron tlru n,ay wed the anmry, proposed timelinenr wifuts re, saw, Is. 9orvey Cundoemd: Surtq'effom mndumeJ to deruminel muny nfpnmd'agwith sPeae lax of Monday 03/05/12 — O5/25/12 Fiat's saurnt bomt A 11dan m kws and xe ,ces eaisring improvement, services, beepers .A xacssmenu. Fsrablobm x Moods) 115/28/12 — 07/1'fi/12 Faulty polimiva,— database 6nhn partied,alennfe, PossibleI..... mm[ isues xad any xddeiolA docmnsoula n, miry or parcel iof..... h—needed fauna lm C., C.,F I Add rI it,, pd. Id i4 - l' J pl d 1 i-: f � ry \hmJxy n]/u9/1_n — If//2n/12 Pru69 peopn ' J pIoocI,, rero that In., I,lotgmnn LoI and prop tad I.... n :encs AtAdin updams P.—IDambxsa and de,elopchiedRodexaacmm wtd corail—wou,(mdhod of Mondav u)/2S/12 — 09/10/12 Fiiday, spa p Al —I 118/13/12 — 09/10/12 Fddxy IX'lldan beeves daelopiv end resting de' III dealt of Ns, Enyelel Rcpnn Alwo&Y 09/10/12 — 09/14/12 FrirlxY IXtlldan pmoid. Cem wuh draft oHow u-m ❑npna'ra Report Gay m—,, domed 0.upumand psm9dcs commmn and aav wda—d mod.fxations It he Disaio s+.vctua, A1onJa Y n9/1)/❑ — I19/31/1_n Frttay wd,,sed/oa ampmamrnts odltl As.; shenI to Potannuart GpI Redwo I .rl sai di. - (o 11111 Chv s,f, A diJan Mond" u9/24/I2 — 10/12/12 Pndxy ated u'sil Pedometer C pnea s Report m COY surf PubGe Outreach EffrthlbPubl'x ourmadriswhassed Public ueraad efforts can Include beed' , Monday lu/6/12 — 11/16/12 Food" work dom, era to udo., properoy munem about the imposed and bxilot pmam. Wild- A--trge FI-� h® -Repo land n,d6 ( ,h Cut swifts Widdxn Mnudn Y 11/19/12 11/32 — 0/1y Fmw, .,d.ro noised 1.1rams, Enginrels Retort m Cp vaff Ciry acorn's modified Report and pmvNes commems and ane add eat peopood rowifaese, to the Dimid. 12/113/12 — 12/14/12 Friday 11"o, isuldan xuhmin hater Meetin, Rewlweentand ledmumry 0npneds hidoa to Coy xnd delev elecuon4 Aloud,, 3 12/31/12 — 01/W/13 Fecla, ) cvpamofead, lathe City is,, w1hicun a, the Cey Grouch p..,k.i, for hire..[ Mrsow, *Invent Mewing: CoI adopts rhae Resolntiemsl.)Inuoung Pmwellnb, l) Adopnon ufde ToradaY 01/H/H 2n®nee2s ll=jioe })Rezolu:ion o[Intent hlondate 01/21/13 (11/25/13 Ridav AXd1dw peodes Cagwid drafts othre No ace Is Bdld for w w, and xppnn'xl Nhadm 01/28/13 — 112/ol/13 Fnd.y Gty meas., Natice& BAI., said ptowd.,,jldw widimmnssnn Alundxv II'/U4/13 M/09/13 Foday IX'dldci utece f al avuions to Note. &Pallor[,sued ma C., staff mmmnm Prpperry Omar, Ballot and Nodar Mailed: \\ dldm Pious, wad nr.ah th, orals, acid trJle, Moods, I?/I1/13 — (12/ti/13 Friday as Jomote'nn llre worstsand bdlotl..mat he swelod paupeemurmers ofamrd xr Ivan 45 days pevrm Publt H... u,, A didan In bar ter iovs 1. Coy eels Repua bseJ am Gry Cr I super at loran Aiee.an, (fsq),sX dd n Monday 02/16/13 — 0J/Ol/13 Friday drafts PethhC Hann, Resolutions \ot Use pm..des Cu, —,It(r wood) EnpI Report and odic Hearing Resolutions Cov reviews Moodie Ill/W/IJ — 03/Otl/13 FrvlaY Hnp:xxN or sod R-1.1iens and ma'alo(rnl m:mncna Mould, 0}/11/13 — 03/IS/13 Fndn' 1Y91dm maim face re —inns I. Cnpnneds Report unJ RI'al—cal lnsvxl ut Gv sgffmannvnts X "Idut albous. Pt 11wera,t. twitansmdFatal be, a4Rep 1. Cul ' dJcYxx¢elearonc Mond.' 03/18/11 — II.3/22/13 PddaY copxS aflAdh to 111.City (-aides ......the C C' l p kayo' fill due e 11 H atop Public Hearing Cawcil holds polite bearing regarding the District nJ relatad asnssmemx. Afor be 04/02/0 * public teomtany by been closed (pubic, he.dnsl, the Ballot am than opined and rabulxmd. The Gy Toerday Conical stiew emolows, the xevmdne"Coundl Nimme, for adopt-ofIlc Resolutions air Em xodad Public Headnq The prevwva Hearin. may becomhmed to Ibis datum fivliae the ballot Tuer da Y o4/16/U mbolausen nod approve of the public I Iemn, Risnletwm Friday 08/09/13 * Submitml of Levy or Couory Roll The amv0 dares pm emea vovve arc ptsceoomen aria are ••t=••.. •-•-v. Ciry Caoocil.veeuogv ne rypiolly heH on We Lt vnd 3rd Toeeday otevch month vt3:00 p.m. ATTACHMENT 5 Summary Analysis of Youth Player Fees prepared by: Community Services Department A common method cities use to assess a youth player fee is to determine a percentage of the annual maintenance costs that should be paid by the sports associations. For example, if the City determines that the youth sports associations should pay 25% of the cost of the field maintenance and utilities, a fee is established by dividing the percentage by the number of players in the association. Several examples are as follows: Youth Player Fees at 25% of the maintenance costs of $300,000 1,500 Resident Youth $20 annually = $30,000 1,500 Non -Resident Youth $30 annually = $45,000 Total Player Fees $75,000 Youth Youtl Player Fees at 30% of the maintenance costs of $300,000 1,500 Resident Youth $25 annually = $37,500 1,500 Non -Resident Youth $35 annually = $52,500 Total Player Fees $90,000 Player Fees at 35% of the maintenance costs of $300,000 1,500 Resident Youth $30 annually = $45,000 1,500 Non -Resident Youth $40 annually = $60,000 Total Player Fees $105,000 A youth sports player fee, if determined by the City Council, could be paid as part of the sports registration fees prior to the start of the sports seasons. For example, LQYSA players would be charged a player fee for playing during the Spring baseball recreation league, AYSO players would be charged a player fee for playing during the Fall/Winter soccer recreation league. If players choose to play an extended amount of time in the youth sports organizations' sanctioned competitive seasons respectively, then players would be charged an additional player fee for the additional season field use (i.e. - winter ball season in LQYSA; spring select season in AYSO). Playing during the youth sports organizations' competitive seasons is optional and separate from the regular recreational sports' season. Once registrations are accepted by the sports associations each season, a seasonal payment would be made to the City to defray the ongoing costs of field maintenance. Should the City Council wish to consider a youth sports fee as part of the cost recovery strategies, staff would begin public information efforts with the local sports associations and plan for a future implementation date. ATTACHMENT 6 Facility and Park Rental Fees prepared by: Community Services Department Senior Center Multi -Purpose Room CLASS V CLASS II*• CLASS III*** CLASS IV"*** Current rate $55/hour $75/hour $100/hour $125/hour Recommended rate No Change No Change $125/hour $175/hour Fees approved in 2002 for small park events (50 people or less) are listed below with the recommended rates for residents and non-residents. La Quinta Park & Fritz Burns Park CLASS V CLASS II*• CLASS III*** CLASS IV*••• Park Parties (50 people or less) Current rate $50 (4 hours) $50 (4 hours) $50 (4 hours) $60 (4 hours) Recommended rate No Change No Change $65 14 hours) $90 14 hours) Civic Center Gazebo & Amphitheater (50 people or less) CLASS V CLASS II*• CLASS III... CLASS IV**** Current rate $50/hour $75/hour $100/hour $150/hour Recommended rate No Change No Change $125/hour $175/hour There is currently no fee for larger park events (Non-profit events with 100 people or more) for the La Quinta Park, Fritz Burns Park, and the Civic Center Campus. Park rental fees for small park events and large events should be considered because of their impact on park maintenance. LQ Park & Fritz Burns Park (Non-profit events with 100 people or CLASS I* CLASS II*• CLASS III... CLASS IV**** more) Current rate None None None None Recommended rate None $50/hour None None +$100 deposit Civic Center Campus (Non-profit events CLASS I• CLASS II*• CLASS III••• CLASS with 100 people or more) IV••,* Current rate None None None None Recommended rate None $150/hour None None +$200 deposit All of the above fees have been reviewed by the Community Service Commission and approved for recommendation to the City Council. *CLASS I: La Quints youth, 5011c13 recreation organizations "CLASS II: La Quints non-profit and community based organizations and Desert Sands Unified School District ***CLASS III: La Quinta Residents ****CLASS IV: La Quints business and profit organizations, non -city residents y 150 ATTACHMENT 7 RESOLUTION NO. 96-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 83-6, ADOPTING REVISED FEES RELATIVE TO SUBDIVISION MAP CHECKS, PLAN CHECKS, ENCROACHMENT PERMITS, AND OTHER FEES. The City Council of the City of La Quinta does resolve as follows: SECTION 1. Resolution No. 83-6 is hereby amended, and revised fees, as shown on the attached Exhibit "A", are hereby adopted, relative to subdivision map checks, plan checks, encroachment permits, and other fees. WHEREAS, this action is exempt under California Environmental Quality Act (CEQA), Article 18, Statutory Exemptions, Section 15273 (a) "Rates, Tolls, Fares, & Charges." WHEREAS, this hearing to set fees was duly noticed pursuant to Government Code Section 66016, Local agency fees; new fees and increases; ^ procedures. WHEREAS, the City commissioned David M. Griffith & Associates to prepare the Fee Study Analysis presented in the staff report, incorporated herein, and available for public review, WHEREAS, the City Council hereby finds that the study provides adequate evidence to conclude that the amount of the fees are less than the administrative cost to provide the service, PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 3rd day of December, 1996 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None n GLENDA L. HOLT, Mayor ^ City of La Quinta, California 151 i' Resolution No. 96-95 Page 2 ATET: AUNDRA "LJUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California " 152 N � � 2 �>— LU U. L AE \ ; In UA 9 1 k §_ jk 7 § k \ § ° k § /\ a d d ) � k z § ■ I | ! ! ■ k § , z ! _ z 40 ! . % k k k k k / % k k ; . # n . \ z . 0 @ 2 } ' - § ` a 2 \ � \ ( k § k U.« § 2 § § 2 � } cc 9L } j ; § ( �3 § § § [ . u LLJ§ k\ j< cI £�' 0D _j§ . k � f■ s �§ a■ . ■� � � � |� �!k #�§ / ■ ■�. 4 | Q F— m 1 zpgp$� p1' m � m ymgm ow > p • p m"m oo m3 ? dg om� TL EimB �5 >0En pp? ya G Eou aE N c2£ O q �m Ct me. Eu++ v'i Ofi �02 gt� " u $`o E a• A ge0n^ e1Lewe sO mm� m QQ 25^c9m cv ccs@Ec x c,q «Ymoo 3££ sm 5�p �xeTco o. � m$u�Fggo Y^zS sN $mi� ill 3= ASS `. ;�,o P o E E LL_9s0 gN m n e o y o g o E is fa R: z z as $ $ E em E ,g3ESfi 8� $ c.s K xM iza n^ E 5� cga $ c S u e F m O ¢ i Q EEE: W Q N z F Ot Q a tiV.i Q6UW UO. af6-pWYf N rrZQ_o , " a:O> = ¢ O � O WW jr Z U w iiO O z z 59 Ez44B3�m.F O g GZ m W 2 in S 4 o E C, m o Q cc z u 0 a € ai! o Z E F g LU S ^ N 4 154 § � B § is 155 ATTACHMENT 8 RESOLUTION NO. 98-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING RESOLUTION NO. 96-94, ADOPTING THE FEE SCHEDULE TO TITLE 9 - ZONING CODE AND RESCINDING RESOLUTION NO. 96-94. "ZONING" - TITLE 9 - FEE SCHEDULE WHEREAS, the State Government Code provides that fees may be collected to cover the cost of administering permits, plan review, and inspection activities; and WHEREAS, the City Council of the City of La Quinta, California, has adopted Section 5.60.040, of the Le Quinta Municipal Code in 1982, establishing the provision to adopt fees by Resolution for the processing of such permits, reviews, and inspections, and WHEREAS, pursuant to the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83-63, the Community Development Director has determined that this action is exempt under Article 18, Section 15273(a) "Rates, Tolls, Fares and Charges"; and WHEREAS, it has been determined that said fees require an amendment to be in conformance with Zoning Code requirements and processing costs; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that it does hereby amend and revise Resolution No. 96-94 as shown in Exhibit "A", the Fee Schedule, attached hereto and made part of. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 4"', day of August, 1998 by the following vote: AYES: . Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None Resolution No. 98-84 Adopted: 8/4198 Page 2 JOHN PENA, or. City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of Le Quinta, California APPROVED AS TO FORM: A .6r�_ DAWN C. HONEYWELL, City Attorney City of La Quirita, California 157 Resolution 98-84 8/4/98 EXHIBIT "A" "OF LA QUINTA Community Development Department FEE SCHEDULE Date Effective: Agricultural Preserve ............................................... Appeals to Planning Commission ...................................... $800 $175 Appeals to City Council .............................................. $175 Building Moving Permit ............................................. $1,000 Certificate of Compliance* ........................................... $100 ZoneChange....................................................$2,710 Eondition Ghenge.................................................. Conditional Use Permit $M .............................................$2,000 Conditional Use Permit - Village ....................................... $750 Conditional Use Permit - Village ...................................... $1,000 Cove Residential Permit ............................................. $100 Cove Residential Adjustment ......................................... $300 Cove Master Design Guidelines ....................................... $250 Day Care - Large Family ........................................... $25 Development Agreement ........................................... $2,500 Environmental Assessment ......... ... . '. . $550 Environmental Impact Report ...... (Deposit Dependent on Scope of Repor$2-,4@ General Plan Amendment ........................................... $4,000 Home Occupations................................................v$70 Lot Line Adjustment **(New*") ........................................ $250 Minor Adjustment* ................................................. $200 Minor Use Permit ................................................... $75 Parcel Map......................................................$1,000 Parcel Map- Waiver ............................................... $1,000 Parcel Map - Amendment* ........................................... $500 Parcel Map - Minor change "Revision* ............................. $500 $456 Parcel Map - Revised dime Time Extension* ........................ $500 $68B Parcel Merger ..................................................... $200 Reversion to Acreage ............................................... $400 SignPermit ....................................................... $100 Sign Program - When submitted after Site Development Permit approval ....... $500 Site Development Permit ........................................... $2,000 Site Development Permit - Compatibility Review .......................... $750 Site Development Permit - Amendment ................................. $750 -- Site Development Permit - Time Extensions .... $500$200 Specific Plan.....................................................$4,000 Specific Plan - Amendment ......................................... $2, 000 Statutory Condominium - Subdivision .................................. $3,000 ..o. 158 EXHIBIT "A" Resolution 98-84 Street Name Change ............................................. $75 Street Vacation .................................................. $400 Temporary Use Permit .............................................. $100 Tentative Tract Map ............................................... $ 0 Tentative Tract - Revision ............... I ........................ $175750 Tentative Tract Map - mhjai-�Amendment (After Recordation) .... $1750$250 Tentative Tract Map - Time Extension` .............. $1,000 T18ctM8F Revised..............................................$2,300 Transfer of Rights NPH............................................. $400 Transfer of Development Rights ....................................... $500 Variance ................................................. ..... $1,700 Zoning Text Amendment $1,500 ........................................... Permit is exempt from Environmental requirements. '• One Lot Line Adjustment allowed per year, per tract or parcel map, per property owner MAole Aoolication Discount The most expensive application will be charged a full fee, with subsequent related applications discounted 50%. This discount does not apply to Environmental Impact Assessments. _ Note: strikeouts represent deletions. italicized print represents new wording. 159 ATTACHMENT 9 CITY COUNCIL RESOLUTION 96-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA -QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 88- 103, ESTABLISHING COMPREHENSIVE FEE SCHEDULE FOR PERMITS, PLAN REVIEWS, AND OTHER ACTIVITIES UNDERTAKEN - PURSUANT TO BUILDING AND CONSTRUCTION REGULATIONS. WHEREAS, the Government Code provides that fees may be collected to cover the costs of administering permit, plan review, and inspection activities; and, WHEREAS, it is appropriate to establish fees and deposits which provide for the user of services to pay for the cost of providing the services; and, WHEREAS, the International Conference of Building Officials has prepared standardized 1985 fee schedules (Uniform Administrative Code) which are in widespread use, based on their experience with permit, plan review, and inspection activities; and, WHEREAS, in the administration of otherstandardized codes which are in r widespread use, fees and charges have also been established for certain services; and, i s WHEREAS, it is desirable and appropriate to establish a comprehensive fee schedule including current charges for services, fee schedules from the State Building Code, Uniform Solar Energy Code, Uniform Administrative Code (UBC, 1985 Edition), and other standardized fee tables, as well as local estimates for services which are based on standard hourly rates; and, WHEREAS, this action is exempt under California Environmental Quality Act (CEQA), Article 18, Statutory Exemptions, Section 15273(a) "Rates, Tolls, Fares, & Charges." WHEREAS, this hearing to set fees was duly noticed pursuant to Government Code Section 66016, Local agency fees; new fees and increases; procedures. WHEREAS, the City commissioned David M. Griffith & Associates to prepare the Fee Study Analysis presented in the.staff report, incorporated herein, and available for public review, # WHEREAS, the City Council hereby finds that the study provides adequate evidence to conclude that the amount of the fees are less than the administrative cost to provide the service, 11 160 Resolution No. 96 - 93 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quints, California, does hereby amend and revise Resolution 88-103 and establish the following comprehensive fee schedule in the following Tables, 1 through 11, for permits, plan reviews, and other activities undertaken pursuant to building and construction regulations which are based on the Uniform Administrative Code. (UBC, 1985 Edition), unless otherwise footnoted: VALUATION TABLE NO. 1 - BUILDING PERMITS PERMIT FEE $1.00 to $ 500.00 $15.00 $501.00 to $2,000.00 $15.00 for the first $500.00 plus $2.06 for each additional $100.00 or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,001.00 to 50,000.00 $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $ 50,000.00. $50,001.00 to $100,000.00 $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 of fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. O 161 Resolution No. 96 - 93 $1,000,001.00 and up $3,539.50 for the first $1,000,000.00 plus 2.00 for each additional $1,000.00 or fraction thereof. TABLE NO. 2 - ELECTRICAL PERMITS For Issuing Each Permit: ................................... $15.00 New Residential Buildings The following fees shall include all wiring and electrical equipment in or on each building, or other electrical equipment on the same premises constructed at the same time. For new multi -family -residential buildings (apartments and condominiums) s; having three or more Jiving units, not including the area of garages, carports, and other non-commercial automobile storage areas constructed at the same time, per square foot: .................................. $.03 For new single- and two -family -residential buildings, not including the area of _garages, carports, and other non-commercial automobile storage areas constructed at the same time, per square foot: ............... .$.35 For other types of residential occupancies and alterations, additions, and modifications to existing residential buildings, use the UNIT FEE SCHEDULE. Commercial Buildings For new non-residential buildings per square foot: ............... $.02 Private Swimming Pools ("I) For new private, residential, in -ground swimming pools for single-family and multi -family occupancies, including a complete system of necessary branch circuit wiring, bonding, grounding, underwater lighting, water pumping, and ?i other similar electrical equipment directly related to the operation of a swimming pool, each: ................................ $30.00 LJ, 162 Resolution No. 96 - 93 For other types of swimming pools, therapeutic whirlpools, spas, and alterations to existing swimming pools, use the .... UNIT FEE SCHEDULE (*I) Fee origin: Same valuation as Building Permit Fee Table Carnivals and Circuses Carnivals, circuses, or other traveling shows or exhibitions utilizing transportable -type rides, booths, displays, and attractions: For electric generators and electrically -driven rides, each:......... $5.00 For mechanically -driven rides and walk-through attractions or displays having electric lighting, each: ............................ $4.50 For a system of area and booth lighting, each: ................ $4.50 For permanently -installed rides, booths, displays, and attractions, use the ................................... UNIT FEE SCHEDULE Temporary Power Services For a temporary service power pole or pedestal, including all pole or pedestal -mounted receptacle outlets and appurtenances, each:.... $15.00 For a temporary distribution system and temporary lighting and receptacle outlets for construction sites, decorative light, Christmas tree sales lots, fireworks stands, etc., each: .. ..........:.......'..... $7.50 Unit Fee Schedule Receptacle, Switch, and Lighting Outlets For receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters: First 20, each: ...................................... $ .75 Additional outlets, each: ............................... $..45 NOTE: For multi -outlet assemblies, each five feet or fraction thereof may be considered as one outlet. % 16 CS1 r1 IJ Resolution No. 96 - 93 Lighting Fixtures For lighting fixtures, sockets, or other lamp -holding devices: First 20, each: ................................... 0.75 Additional fixtures, each: ........................... $.45 For pole or platform -mounted lighting fixtures, each: ............. $.75 For theatrical -type lighting fixtures or assemblies,.each:........... $35 Residential Appliances For fixed residential appliances or receptacle outlets for same, including wall -mounted electric ovens; counter -mounted cooking tops; electric ranges; self-contained room, console, or through - wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor -operated appliances not exceeding one horsepower (HP) in rating, each: ................................... $3.00 NOTE: For other types of air conditioners and other motor - driven appliances having larger electrical ratings, see Power Apparatus. Non -Residential Appliances For residential appliances and self-contained, factory -wired, non- residential appliances not exceeding one horsepower (HP), kilowatt (KW), or kilovoltampere (KVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each: ............................................. NOTE: For other types of air. conditioners and other motor - driven appliances having larger electrical ratings, see Power Apparatus. Power Apparatus For motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, as $3.00 1G4 Resolution No. 96 - 93 I follows: Rating in horsepower (HP), kilowatts (KW), kilovoltamperes (KVA), or kilovoltamperesreactive (KVAR): Up to and including 1, each: ............................ $3.00 Over 1 and not over 10, each: ........................... $7.50 Over 10 and not over 50, each: ......................... $15.00 Over 50 and not over 100, each: ........................ $30.00 Over 100, each: .................................... $45.00 NOTE: (1) For equipment or appliances having more than one motor, transformer, heater, etc., the sum of the combined ratings may be used. (2)These fees include all switches, circuit breakers, contactors, thermostats, relays, and other directly - related control equipment. Signs, Outline Lighting, and Marquees E For signs, outline lighting systems, or marquees supplies from one branch circuit, each: ...................................... $15.00 For additional branch circuits within the same sign, outline lighting system or marquee, each: .................................... $3.00 Services For services of 600 volts or less, and not over 200 amperes in rating, each: .................................................$18.50 For services of 600 volts or less, and over 200 amperes to1,000 amperes in rating, each: ....................................... $37.50 For services over 600 volts or over 1,000 amperes in rating, each:. $75.00 Miscellaneous Apparatus, Conduits, and Conductors For electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is herein set forth: ............... $11.00 ,o 165 Resolution No. 96 - 93 NOTE: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures, appliances, power apparatus, busways, signs, or other equipment. TABLE NO. 3 - MECHANICAL PERMITS For Issuance of Each Permit: ................................ $15.00 1. For the installation or relocation of each forced -air or gravity -type furnace or,:; burner, including ducts and vents attached to such appliance, up to and including 100,000 BTU/H:............................... $9.00 2. For the installation or relocation of each forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance over 100,000 BTU/H:............................... .........$11.00 3. For the installation or relocation of each floor furnace, including vent: $11.00 4. For the installation or relocation of each suspended heater, recessed wall heater, or floor -mounted unit heater: ........................ $9.00 i 5. For the installation, relocation, or replacement of each appliance vent installed and not included in an appliance: .................. . $4.50 6. For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by the UMC:................................. $9.00 7. For the installation or relocation of each boiler or compressor to and including three horsepower, or each absorption system to and including 100,000 BTU/H:..................................... $9.00 8. For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 BTU/H, and including 500,000 BTU/H:.............. $16.50 9. For the installation or relocation of each boiler or compressor over 15 i horsepower to and including 30 horsepower, or each absorption system over 500,000 BTU/H to and including 1,000,000 BTU/H:........... $22.50 9 y 10. For the installation or relocation of each' boiler or compressor over 30 it 166 Resolution No. 96 - 93 horsepower to and including 50 horsepower, or for each absorption system over 1,000,000 BTU/H to and including 1,750,000 BTU/H:....... $33.50 11. For the installation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each absorption system over 1,750,000 BTU/H:................................... $56.00 12. For each air -handling unit to and including 10,000 cubic feet per minute, including ducts attached thereto: $6.50 NOTE: This fee shall not apply to an air -handling unit which is a portion of a factory -assembled appliance, cooling unit, evaporative cooler, or. absorption unit for which a permit is required elsewhere in the UMC. 13. For each air -handling unit over 10,000 cfm:................. $11. 00 14. For each evaporative cooler other than portable -type: ........... $6.50 15. For each ventilation fan connected to a single duct: ............ $6.50 16. For each ventilation system which is not a portion of any.heating or air- conditioning system authorized by a permit: .................. $6.50 17. For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood: ........................ 06.50 18. For the installation or relocation of each domestic -type incinerator: . $11.00 19. For the installation or relocation of each commercial- or industrial -type incinerator: ...................... I .................. $45.00 20. For each appliance or piece of equipment regulated by this code, but notclassified in other appliance categories, or for which no other fee.is listed herein: ............................................ $6.50 Resolution No. 96 - 93 TABLE NO. 4 - PLUMBING PERMITS For Each Permit Issuance: .................................. $15.00 1. For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection therefor): ....... $6.00- 2. For each building sewer: .............................. $15.00 3. For rainwater systems, per drain (inside building) :.............. $6.00 4. For each cesspool: .................................. $22.50. 5. For each private sewage disposal system: .................. $45.00 6. For each water heater and/or vent: ........................ $7.50 7. For each industrial waste pretreatment interceptor including its trap and vent, excepting kitchen -type grease interceptors functioning as fixture traps 12.00 __J B. For installation, alteration, or repair of water piping and/or water -treating equipment, each: .................................... $3.00 9. For repair or alteration of drainage or vent piping, each fixture:..... $3.00 10. For each lawn sprinkler system on any one meter, including backflow protection devices therefor: ....................................... $9.00 11. For atmospheric -type vacuum breakers not included in Item 2 : Ito 5: ....................................... $7.50 over 5, each: ................................... $1.50- 12. For each backflow protective device other than atmospheric -type vacuum breakers: 2 inches and smaller: ............................ $7.50 over 2 inches: .................................. $15.00 13. For each gas piping system of one to four outlets: .............. $3.00 i. 14. For each gas piping system of five or more outlets, per outlet: ....... $.75 F i. 15. For each gas meter: ................................... $15.00 168 Resolution No. 96 - 93 TABLE NO. 5 - GRADING PERMITS 50 cubic yards or less: ..................................... $15.00 51 to 100 cubic yards: ...................................... 22.50 . 101 to 1,000 cubic yards: ............. $22.50 for the first 100 cubic yards Plus ........... $10.50 for each additional 100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards: ......... $117.00 for the first 1,000 cubic yards plus .......... $9.00 for each additional 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic yards: ..... $198.00 for the first 10,000 cubic yards plus ......... $40.50 for each additional 10,000 cubic yards or fraction thereof 100,001 cubic yards or more: ...... $562.50 for the first 100,000 cubic yards plus ......... $22.50 for each additional 10,000 cubic yards or fraction thereof __ : t - -- -- 0 160 Resolution No. 96 - 93 TABLE NO. 6 - SOLAR PERMITS (*2) For collectors (including related piping and regulating devices) Up to 1,000 square feet: ................................ $4.50 Between 1,001 and 2,000 square feet: ...................... $7.50 More than 2,000 square feet: ........................... $5.00 plus $1.00 per 1,000 square feet or fraction thereof over 2,000 square feet For storage tanks (including related piping and regulating devices) Up to 750 gallons: .....:.............................. $3.00 Between 751 and 2,000 gallons: .......................... $4.50 More than 2,000 gallons: ............................... $3.00 plus .......... $1.00 per gallons or fraction thereof over 2,000 gallons. For rock storage Up to 1,500 cubic feet: ................................. $3.00 Between 1,501 and 3,000 cubic feet: ....................... $4.50 More than 3,000 cubic feet: ............................. $3.00 plus ....... $1.00 per cubic feet or fraction thereof over 3,000 cubic feet For each appliance or piece of equipment for which no listed: ........... $3.00 (*2) Fee origin: Uniform Solar Energy Code 110 Resolution No. 96 - 93 TABLE NO. 7 - SIGN PERMITS (`3) $1.00 to $500.00 $501.00 to 02,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,000.00 and up $15.00 $15.00 for the first $500.00 plus $2.00 for each additional$100.00, or fraction thereof, to and including $2,000.00. $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $252.00 for the first $26,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $ 50,000.00. $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 of fraction thereof,to and including $100,000-00. $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof. (*3) Fee Origin: Same valuation as Building Permit Fee Table 171 Resolution No. 96 - 93 TABLE NO. 8 - SWIMMING POOL PERMITS (" 4) $1.00 to $500.00 $501.00 to $2,000.00 $15.00 $15.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00. ('4) Fee origin: Same valuation as Building Permit Fee Table $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 and up $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 of fraction thereof, to and including $100,000.00. $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof. 16 172 Resolution No. 96 - 93 TABLE NO. 9 - RETAINING WALL PERMITS ("5) 9► $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $15.00 $15.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, toand including $2,000.00. $45.00 for the first .$2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. (" 5) Fee origin: Same valuation as Building Permit Fee Table $50,001.00 to $100,000.00 $100,001.00 and up $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 of fraction thereof, to and including $100,000.00. $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof. For buildings or structures, signs, swimming pools or spas or hot tubs, and retaining walls: 65% of the permit fee as set forth in the appropriate Table For Title 24 energy reviews: 10% of the plan check fee for the building or structure For checking compliance with handicap regulations where applicable: 10% of the plan check fee for the building or structure For electrical, mechanical, plumbing, and solar: 25% of the permit fees as set forth in the appropriate Table Multiple Structure For multiple identical units submitted for review and permitted at the same time shall receive a discount. The first unit shall pay the entire plan check fee set forth above. Subsequent units shall pay 25% of the single structure plan check fee. For grading plan checking: 50 cubic yards or less; ................................ No Fee 51 to 100 cubic yards: ............................... $15.00 101 to 1,000 cubic yards: ............................. $22.50 1,001 to 10,000 cubic yards: .......................... $30.00 10,001 to 100,000 cubic yards: ............. $30.00 for 10,000 cubic yards ................ plus $15.00 for each 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yards: .......... $165.00 for 100,000 cubic yards ................ plus $9.00 for each 10,000 cubic yards or fraction thereof 200,001 cubic yards or more: ....... $255.00 for the first 200,000 cubic yards .......... plus $4.50 for each additional 10,000 cubic yards or fraction thereof For additional plan checking required by changes, additions, or revisions to approved 1l4 Resolution No. 96 - 93 t :. plans: .................. $35.00 per hour, with ahalf-hour minimum charge TABLE NO. 11 - MISCELLANEOUS FEES Demolition(*6):......................................... $45.00 NOTE: Fee may be waived by Building official if building to be demolished is used for practice drills by Fire Department. Compliance survey (*7):.................................. $100.00 Building relocation (*8): 50% of permit and plan check fees, as determined from the appropriate Tables. Mobile home (other than temporary dwelling): $200.00 Permit issuance: Each permit:.......... $15.00 Each supplemental permit: $4.50 Inspections outside of normal business hours (two-hour minimum charge), per hour: .................................................... *$30.00 Re -inspection (per Administrative Code Section), each: .............. *$30.00 Inspections for which no fee is indicated (one-half hour minimum charge), per hour: ..................................................... *$30.00 Replacement of inspection record card (*9): .................. $15.00 Replacement of job copy of approved plans (*9): .................. $20.00 Appeal: (* 10) To Board of Appeals: ....................... Actual cost plus 15% To City Council: .......................... Actual cost plus 1.5% * Or total hourly cost to the jurisdiction, whichever is the greatest. This cost shall e include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. e,�.v Resolution No. 96 - 93 (*6) Fee Source: Projected to involve three inspections (initial, septic abandonment, final) @ $15.00 each. $15.00 represents a one -half-hour minimum charge as outlined in UAC. (*7) Fee Source: Present Fee Schedule - no change. (*8) Fee Source: Present Fee Schedule - no change. (*9) Fee Source: Estimated time required for replacement at $30.00 per hour.($30.00 outlined in UAC with a one -half-hour minimum.) (*10) Fee Source: Present Fee Schedule - no change Investigation Fee (for work commenced without permit): Equal to permit fee required by this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 3rd day of December, 1996, by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None Z&z,z GLENDA L. HOLT, Mayor City of La Quinta, California I T: AUNDRA L. JLKOLA, City Clerk City of La Quinta, California it 176 Resolution No. 96 - 93 APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California REPORT/INFORMATIONAL ITEM: COMMUNITY SERVICES COMMISSION MINUTES December 12, 2011 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:30 p.m. by Chairperson Fitzpatrick. Commissioner Blakeley led the Pledge of Allegiance. PRESENT: Commissioners Blakeley, Engel, Fitzpatrick, Lawrence, and Leidner STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf & Parks Manager; Christina Calderon, Recreation Supervisor, and Angela Guereque, Senior Secretary PUBLIC COMMENT - Joseph Oleson introduced himself as a potential Council Member. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Blakeley/Leidner to confirm the agenda as submitted. Motion carried unanimously. PRESENTATIONS - None. APPROVAL OF MINUTES 1. Approval of October 10, 2011 Minutes Motion - It was moved by Commissioners Engel/Lawrence to approve the minutes as submitted. Motion carried unanimously. CONSENT CALENDAR - None. BUSINESS SESSION 1. Consideration of a Recipient for the 2012 Senior Inspiration Award Program Recreation Supervisor Calderon presented the staff report. it 178 Community Services Commission Minutes -2- December 12, 2011 Commissioner Lawrence stated that Ann Kosich does a lot of volunteering and suggested nominating Ann Kosich. Chairperson Fitzpatrick suggested nominating Jack Barth. Commissioner Lawrence suggested nominating Ann Kosich. Motion - It was moved by Commissioners Leidner/Lawrence to recommend Ann Kosich for the 2012 Senior Inspiration Award Program. Motion carried unanimously. STUDY SESSION - None. DEPARTMENT REPORTS 1. Update on Sahara Mustard 2. Department Report for September 2011 3. Department Report for October 2011 4. Department Report for November 2011 COMMISSIONER ITEMS 1. Report from Commissioners Regarding Meetings Attended. 2. Calendar of Monthly Events PUBLIC HEARING - None. OPEN DISCUSSION ADJOURNMENT It was moved by Commissioners Leidner/Lawrence to adjourn the Community Services Commission meeting at 6:00 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on January 9, 2012 commencing at 5:30 p.m. in the City of La Quinta Study Session Room, 78-495 Calle Tampico, La Quinta, CA 92253. Angela Guerequ� Community Services Senior 179 REPORT/INFORMATIONAL ITEM: _ I�_ INVESTMENT ADVISORY BOARD Meeting December 14, 2011 I 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 Chairperson Spirtos followed by the Pledge of Allegiance. PRESENT: Board Members Mortenson, Blum, Spirtos, Park and Donais ABSENT: None OTHERS PRESENT: John Falconer, Finance Director, Louise West, Accounting Manager, Vianka Orrantia, Senior Secretary and Bryan Gruber, Lance Sol[ & Lunghard LLC, Audit Manager II PUBLIC COMMENT - None III CONFIRMATION OF AGENDA - Mr. Falconer requested that upon approval of the confirmation of agenda that Section VI, Item A be the first item of discussion. Board concurred. IV CONSENT CALENDAR 1. Approval of Minutes of Meeting on November 9, 2011 for the Investment Advisory Board. MOTION - It was moved by Board Members Blum/Donais to approve the Minutes of November 9, 2011. Motion carried unanimously. *At this time Section VI, Item A was discussed. ff 180 V BUSINESS SESSION A. Transmittal of Treasury Report for October 2011 Mr. Falconer presented and reviewed the staff report for the month of October advising the Board that the portfolio decreased by $1.16 million ending the month at $166.3 million. Mr. Falconer further advised that the decrease was due to major capital improvement expenditure projects as follows: $403,000 spent on the "A" Street extension project, $199,000 spent on the Coral Mountain Apartment Project, $111,000 spent on the Phase 2 Washington Street Drainage Project and$100,000 on the Adams Street Bridge Project. Mr. Falconer advised that the investment activity resulted in an average maturity decrease of seven days from the prior month ending the month of October at 117 days and the overall portfolio performance at four basis points ending the month at .35%, with the pooled cash investments at a little over .50% basis points. Mr. Falconer further advised on the $17 million investment due to mature on December 15, 2011 and a reinvestment of $7 million in commercial paper and $10 million into LAIF. Mr. Falconer noted that the $7 million purchase in commercial paper was a short-term note to coincide with the anticipated $18 million payment due to the State of California in mid -January. In response to Board Member Mortenson, Mr. Falconer clarified that bond funds mentioned in the November meeting minutes on page 2, third paragraph were individual investments made listed on page 6 of the Treasurers Report. MOTION — It was moved by Board Members Mortenson/Donais to review, receive, and file the Treasurers Report for October 2011. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL *A. City of La Quinta Fiscal Year 2010/2011 Audited Financial Report At this time Mr. Falconer clarified the audit process and introduced the City's audit representative Mr. Bryan Gruber of Lance Soil & Lunghard, LLP, Audit Manager. Mr. Gruber presented the Audited Financial Statement for year ending June 30, 2011. Mr. Gruber advised the Board on the audit and the audit process. He further advised that the audit process is conducted in two steps: 1) Interim is ;, 181 Audit, which is conducted during the fiscal year, at that time the City's internal controls are reviewed. These procedural controls are in place to protect the City's assets and to ensure proper financial reporting. In relation to cash and investments the procedures are also audited to ensure proper reporting of the City's cash and investment balances, in addition to the compliance of the City's Investment Policy with respect to the City's investment portfolio. 2) The second phase of the audit is conducted after the year-end (the second phase was conducted in the month of August, 2011); at this time the amounts of the disclosures that are reported in the financial statements are audited to ensure they are properly stated in all material respect. This is done through various procedures, i.e. the City's cash and investments, third party confirmations letters are sent to all banks for 100% cash balances to ensure proper reporting. In addition, a review of disclosures in the financial statements is also conducted to ensure compliance with the City's Investment Policy. In response to Board Member Blum, Mr. Gruber advised that that a blank confirmation is sent so that it is completed by the investment institution by June 30, additional follow-up procedures are also conducted after June 30 and prior to the initial audit. Mr. Gruber advised that the only item identified in the Auditor's report was a footnote related to the uncertainty of the Redevelopment Agency. Mr. Gruber reviewed for the Board the City's financial performance as follows: Pages 46 - 48: Footnote 3 is a review of the City's cash and investment balances and disclosures relating to Interest Rate Risk, Credit Risk (this item was added this year due to the downgrading long-term sovereign credit rating from AA + to AAA), Concentration of Credit Risk, Custodial Credit Risk and Investment in State Investment Pool. Pages 17 - 19: Statement of Net Assets is the amounts which assets exceed liabilities. A decrease by approximately $30 million was noted this year due to the Coachella Valley Housing Coalition, Low - Mod apartment complex. Mr. Falconer advised that page 17 reflects approximately half billion in fixed assets, $319,278, 803 are included as part of this sum due to the fact that the City is required to capitalize their roads and right-of-way of roads. Mr. Falconer further advised that the decline in the net activity was due to the contribution of 3 IN the construction of the Wolff Water Apartments and the relinquishing of the apartments to Wolff Waters. Mr. Gruber advised that one of the two supplemental reports included as a hand-out to the Board and staff was a GASB 31 audit adjustment for LAIF and Bank of New York Investments of $269,103 and was recommended by the auditors as a journal entry to staff. In response to Board Member Mortenson, Mr. Falconer clarified that the line item on page 46 for U.S. Treasury Bills in the amount of $30,073,080 should be a one-year note. In response to Board Member Blum, Mr. Falconer clarified that the public safety overall total of $19,826,372 on page 26 includes various aspects of public safety and the break down for the total is referenced on page 28. Mr. Falconer further clarified that on page 105 is a budgetary line item for Public Safety of $2,000. This amount was a result of fallen officer Bruce Lee and the City Council's decision to contribute to any future fallen officers family. In response to Board Member Blum, Mr. Falconer clarified that $1,051,000 on page 15 was a carryover of appropriations from the previous fiscal year of unused funds budgeted for slurry seal of City streets. In response to Chairperson Spirtos, Mr. Falconer advised the Board that the corrected estimated population on page iv, third paragraph, second sentence should read 37,836. Mr. Falconer further advised that the final revision of the audit report had the reduced population number in it based on the 2010 consensus. Chairperson Spirtos commented on the current expenditures for Planning on pages 26 and 27 and the possible impact the State Supreme Court decision could have if the decision is made to abolish the Redevelopment Agencies. General discussion ensued amongst the Board and staff regarding the potential impact of the State Supreme Court's decision and the impact to the Redevelopment and the City. In response to Chairperson Spirtos, Mr. Falconer clarified for the Board the Developer Agreement Payable on page 53. 4 183 The Board and staff thanked Mr. Gruber for his attendance and review of the Financial Audited Report. Noted and Filed B. Month End Cash Report — November 2011 Mr. Falconer presented and reviewed the Month End Cash Report advising the Board that Rabobank's initial interest rate quoted to the City will not remain in effect until the end of the term of the contract, although the interest rate remains ten basis points below LAIF, as a result staff will actively manage the account and will begin drawing down on the account. Mr. Falconer advised that LAIF remains at 38 basis points and the overall portfolio at $67 billion. In response to Board Member Mortenson, Mr. Falconer advised that LAIF has been investing in Mortgages, with the current investments at 0.62%. In response to Board Member Mortenson, Mr. Falconer updated the Board on his short-term interim appointment as acting City Manager and the current appointment of Mark Weiss as the Interim City Manager for approximately six months until a permanent City Manager is in place. General discussion ensued amongst the Board and staff regarding the request for proposal process of the recruitment of a City Manager. Noted and Filed C. Pooled Money Investment Board Reports — September 2011 Mr. Falconer presented and reviewed the Pooled Money Investment Board report advising the Board that the portfolio remains the same in comparison to the previous year, and the maturities slightly longer. Noted and Filed D. November 1, 2011 Joint Meeting Minutes with the City Council Noted and Filed q 184 5 VII BOARD MEMBER ITEMS - None Vlll , ADJOURNMENT MOTION - It was moved by Board Members Mortenson/Donais to adjourn the meeting at 4:59-p.ui`Motion carried unanimously. Senior Secretary 0 185 Department Report: (A o� NOFT TO: The Honorable Mayor and Members of the City Council FROM: Mark Weiss, Interim City Manager DATE: February 7, 2011 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the January 17, 2012 City Council meeting: 1. Donald Griffith, President of Desert Sands Unified School District (DSUSD), invited Council Members to participate in the March 2, 2012 "Read Across America" program at Adams Elementary School The DSUSD has provided Dr. Seuss books for the Council to use for the program, and welcomed them to tour any of the District Facilities. Mayor Adolph thanked Mr. Griffith for his presentation and asked him to present the books to the City Clerk. Council Member Evans stated she would like to be in the program, and asked what time "Read Across America" will begin. Mr. Griffith explained all schools are integrating the program into their daily schedule and suggested she contact Principal Rice at Adams Elementary to schedule her time. 186 Department Report: 7,6, _F C v y OF T TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Director�� DATE: February 7, 2012 (v/ SUBJECT: General Plan Monthly Update As a result of inaccurate build -out assumptions in the unincorporated area within and near Vista Santa Rosa, a change order was initiated last month in order to re- run the General Plan's Traffic Impact Analysis. The inaccurate assumptions resulted in inflated traffic count projections. The model re -run will more accurately estimate future traffic impacts based upon current County General Plan land use designations for the subject unincorporated area. Staff also has been working closely with Terra Nova in updating the City's General Plan map. Land use calculations are being adjusted to reflect the updated map. Upon completion of the Traffic Impact Analysis and General Plan map, staff will begin reviewing and editing the draft Environmental Impact Report (DEIR) and the final remaining land use and circulation elements, the last major tasks involved in the process before the public review period can begin. As a result of the need to re -run the traffic model, the time frame for completion of the General Plan Update has been extended. Staff is preparing to bring forth, for preliminary consideration, key land use and traffic items to the Planning Commission in late March and City Council in April. The DEIR and draft General Plan is now scheduled to be circulated for public review in May. This effort will include opportunity for public engagement and solicitation of feedback through community meetings as well as standard notification and distribution of the draft material. 1. 4 187 Department Report: 1,5 iyFC- O�w `NOFWt `V TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directt9- DATE: February 7, 2012 ((/� /// SUBJECT: Department Report - Indio Polo Fields Goldenvoice Concerts — Status Update During the October 18, 2011 City Council meeting, Council Members considered a revised special events agreement between the City of Indio and Goldenvoice for the 2012 and 2013 Coachella Music and Arts Festival and Stagecoach concerts. After careful consideration and deliberation, the City Council unanimously supported a letter being sent under the Mayor' signature requesting Indio to consider the revised agreement. On October 19, 2011, the Indio City Council unanimously approved the revised two-year agreement. Since approval of the agreement, efforts have focused upon preparation for the three upcoming concerts. General operations meetings were conducted on November 10, 2011 and January 19, 2012. In addition, multiple sub -group meetings have been conducted specific to certain detailed plans, such as traffic, camping, and shuttles. The next general operations' meeting is scheduled for February 16, 2012. All three concerts are now sold out. All camping is sold out for Stagecoach and only a few "elite" camping opportunities remain for Coachella. Ticket sales for shuttles are strong with the likelihood of 30,000 utilizing one of the shuttle services being offered. Follow-up meetings with the surrounding Homeowner Associations are now being scheduled with most being conducted on February 9, 2012 and February 15, 2012. ,, 188