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2012 05 15 CC&0444dja City Council 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 I La Quints, California Regular Meeting TUESDAY, MAY 15, 2012 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2012-013 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 2. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION (CITY MANAGER) • N fs CITY COUNCIL AGENDA 1 MAY 15, 2012 3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6, CITY DESIGNATED REPRESENTATIVE: BOBBI PECKHAM, UNREPRESENTED EMPLOYEE (CITY MANAGER) RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MAY 1, 2012 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED MAY 15, 2012 2. RECEIVE AND FILE TREASURER'S REPORT DATED MARCH 31, 2012 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2012 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR AMENDED TRACT MAP 31732, PALIZADA, KB HOME COASTAL, INC. 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR AMENDED TRACT MAP 31732, PALIZADA, KB HOME COASTAL, INC. 002 CITY COUNCIL AGENDA 2 MAY 15, 2012 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR AMENDED TRACT MAP 31733, PALIZADA, KB HOME COASTAL, INC. 7. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR AMENDED TRACT MAP 31733, PALIZADA, KB HOME COASTAL, INC. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 33336, PALO VERDE II, STANDARD PACIFIC CORP 9. APPROVAL TO EXCUSE COMMISSIONER ROBERT WILKINSON'S ABSENCE FROM THE MAY 8, 2012 PLANNING COMMISSION MEETING , 10. APPROVAL TO EXCUSE BOARD MEMBER JENNIFER DONAIS FROM THE MAY 9, 2012 INVESTMENT ADVISORY BOARD MEETING 11. APPROVAL TO EXCUSE BOARD MEMBER DAVID PARK FROM THE MAY 9, 2012 INVESTMENT ADVISORY BOARD MEETING 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR PARCEL MAP 33954, PHOENIX ROW III, LLC 13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR PARCEL MAP 33954, PHOENIX ROW III, LLC 14. APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING, INC. TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2012/2013 15. ADOPTION OF A RESOLUTION TO REAFFIRM ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152 16. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR FIVE CITY COUNCIL MEMBERS TO ATTEND THE 2012 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD SEPTEMBER 5-7, 2012 IN SAN DIEGO, CALIFORNIA CITY COUNCIL AGENDA 3 MAY 15, 2012•. 4 003 17. APPROVAL OF A JOINT USE OF FACILITY AND SERVICE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY 18. APPROVAL OF A CONTRACT SERVICES AND REVOCABLE LICENSE AGREEMENT WITH VERMILLION'S ENVIRONMENTAL , PRODUCTS & APPLICATIONS, INC. FOR SILVERROCK RESORT UNDEVELOPED PROPERTY 19. ADOPTION OF A RESOLUTION APPROVING REVISIONS TO THE CITY CLERK'S JOB DESCRIPTION AND SALARY RANGE ADJUSTMENT 20. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CLEARSOURCE FINANCIAL CONSULTING TO COMPLETE A COMPREHENSIVE FEE AND RATE STUDY AND APPROPRIATION OF FUNDS BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION REVISING FACILITY USE FEES FOR PARK AND FACILITY RENTALS, INITIATING YOUTH PLAYER FEES FOR SPORTS FACILITIES, AND REVISING FEES FOR SENIOR CENTER LUNCHEONS AND BRIDGE GROUPS 2. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP / INFORMATION EXCHANGE COMMITTEE 3. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 2 OF THE LA QUINTA MUNICIPAL CODE TO REVISE CHAPTER 2.10 (CITY CLERK) A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. 496 ON FIRST READING 4. CONSIDERATION OF APPOINTMENT OF CITY MANAGER AND APPROVAL OF EMPLOYMENT AGREEMENT FOR SELECTED CITY MANAGER CANDIDATE STUDY SESSION 1. DISCUSSION OF THE DRAFT 2012/2013 ECONOMIC DEVELOPMENT PLAN 2. DISCUSSION OF MARKETING STRATEGIES FOR FISCAL YEAR 2012/2013 CITY COUNCIL AGENDA 4 MAY 15, 2012 ' p•. 004 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) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 7. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 8. C.V.W.D. 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. PLANNING COMMISSION MINUTES DATED FEBRUARY 28 & APRIL 10, 2012 18. ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE MINUTES DATED JANUARY 4, 2012 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. OVERSIGHT BOARD MEETING UPDATE 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR B. SCHEDULE TO CONSIDER COMMISSION APPOINTMENTS 4. BUILDING & SAFETY DEPARTMENT REPORT FOR APRIL 2012 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR APRIL 2012 6: FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT A. DEPARTMENT REPORT FOR APRIL 2012 B. INDIO POLO FIELDS GOLDENVOICE CONCERTS STATUS UPDATE 8. PUBLIC WORKS DEPARTMENT REPORT FOR APRIL 2012 9. POLICE DEPARTMENT REPORT FOR APRIL 2012 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE a CITY COUNCIL AGENDA 5 MAY 15, 2012 005 MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO MEETING OF THE CITY AS SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY, FOLLOWED BY THE LA QUINTA FINANCING AUTHORITY AND THE LA QUINTA HOUSING AUTHORITY MEETINGS RECONVENE AT 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO ALLOW OUTDOOR SALES AND DISPLAY AT RETAIL STORES GREATER THAN 100,000 GFA (§9.100.120), AND TO MODIFY THE PERMITTED FREQUENCY OF SIDEWALK SALES AND COMMERCIAL EVENTS (§9.100.130). APPLICANT: CITY OF LA QUINTA A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. 496 ON FIRST READING 2. PUBLIC HEARING TO CONSIDER RESOLUTIONS APPROVING A SECOND EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 2007-105 AND SITE DEVELOPMENT PERMIT 2006-875 FOR AN APPROXIMATELY 234,450 SQUARE FOOT RETAIL AND MEDICAL OFFICE DEVELOPMENT ON APPROXIMATELY 25 ACRES LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE. APPLICANT: MAYER VILLA CAPRI, L.P. CITY COUNCIL AGENDA 6 MAY 15, 2012. N 006 3. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO REQUIRE A SPECIFIC PLAN FOR ANY NEW DEVELOPMENT ON A LOT THAT IS ONE-HALF ACRE OR GREATER IN SIZE AND LOCATED WITHIN THE VILLAGE COMMERCIAL DISTRICT 09.65►. APPLICANT: CITY OF LA QUINTA A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. 497 ON FIRST READING. 4. PUBLIC HEARING TO ADOPT A RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2012/2013 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 ADJOURNMENT The next regular meeting of the City Council will be held on June 5, 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, Interim 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 May 1 1, 2012. DATED: May 10, 2012 SUSAN MAYSELS, terim City Clerk City of La Quinta, California r..M _. CITY COUNCIL AGENDA 7 MAY 15, 2012 .- " 007 Public Notices • The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. • If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777-7103. A one (1) week notice is required. • If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. • Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA 8 MAY 15, 2012 0 / Tn o� �o a9mro N OFTZ' MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Susan Maysels, Interim City Clerk " VIA: Mark Weiss, Interim City Manager {7?� DATE: May 10, 2012 SUBJECT: Conflict of Interest The following conflicts of interest have been identified by staff for items on the May 15, 2012 City Council agenda. Council Member Osborne - Consent Calendar Item #17 due to his position on the Boys and Girls Club Board of Directors: APPROVAL OF A JOINT USE OF FACILITY AND SERVICE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY Council Member Osborne - Public Hearing Item #2 due to the proximity of the site to his residence: PUBLIC HEARING TO CONSIDER APPROVING A SECOND EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 2007-105 AND SITE DEVELOPMENT PERMIT 2006-875 FOR AN APPROXIMATELY 234,450 SQUARE FOOT RETAIL AND MEDICAL OFFICE DEVELOPMENT ON APPROXIMATELY 25 ACRES LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE. APPLICANT: MAYER VILLA CAPRI, L.P. cc: Interim City Manager City Attorney Department Directors CITY A/HA/FA MEETING DATE: May 15, 2012 ITEM TITLE: Approval of Demand Register Dated May 15, 2012 Approve Demand Register Dated May 15, 2012 BACKGROUND AND OVERVIEW:. Prepaid Warrants: Payable Warrants: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 95746 - 95767 } $642,192.51 95768 - 95791 } $52,534.23 Voids } $941.96- Wire Transfers) $336,119.53 P/R 36616 — 36620 } $193,163.45 P/R Tax Transfers} $53,878.29 95792 - 95865 } $202,545.14 $1,276,946.05 FISCAL IMPLICATIONS: Demand of Cash City $1,276,946.05 Demand of Cash -Successor Agency of RDA $0.00 Demand of Cash — HA $0.00 Res ectfully submitted, John M. Falconer, Finance Director .'A 010 Approved for submission by: Mark Weiss, Interim City Manager CITY OF LA QUINTA BANK TRANSACTIONS 4/25/12 - 5/08112 04/27/12 WIRE TRANSFER - ICMA $10,069.67 04/27/12 WIRE TRANSFER - LQCEA $140.00 04/27/12 WIRE TRANSFER - PERS $52,646.90 05/1/12 WIRE TRANSFER - TASC $1,322.60 05/2/12 WIRE TRANSFER - LANDMARK $165,882.46 05/2/12 WIRE TRANSFER - PERS $106,057.90 TOTAL WIRE TRANSFER OUT $336 119.53 "'a 012 PREPARED 05/08/2012, 8:54:12 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 05/08/2012 CHECK DATE: 05/08/2012 CITY OF LA QUINTA, CALIFORNIA --------------------------------------------•---------------------------------------------------------------------------------------- VEND NO SEQH VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000002 00 ACE HARDWARE 110524 003567 00 05/08/2012 101-5008-419.56-55 SMALL TOOLS 21.54 110406 003568 00 05/08/2012 101-5008-419.56-02 CIVIC CTR R&M 3.76 110406 003569 00 05/08/2012 101-5008-419.43-88 CIVIC CTR R&M 48.18 110388 003570 00 05/08/2012 101-5008-419.43-88 CIVIC CTR R&M 29.37 110388 003571 00 05/08/2012 101-5008-419.56-55 CIVIC CTR R&M 11.30 110388 003572 00 05/08/2012 101-5008-419.56-02 CIVIC CTR R&M - 14.53 110446 003573 00 05/08/2012 101-5008-419.56-02 CIVIC CTR SUPPLIES 33.14 VENDOR TOTAL + 0004992 00 ADVANCED INC 14101 003581 00 05/08/2012 101-3002-451.42-15 JANITORIAL SVC 14101 003583 00 05/08/2012 101-3004-451.42-15 JANITORIAL SVC 14102 003574 00 05/08/2012 101-3005-451.56-52 CMP RESTROOMS 14101 003582 00 05/08/2012 101-3005-451,42-15 JANITORIAL SVC 14101 003584 00 05/08/2012 101-3006-451.42-15 JANITORIAL SVC 14101 003579 00 05/08/2012 101-5008-419.42-15 JANITORIAL SVC 14101 003585 00 05/08/2012 101-5054-421.42-15 JANITORIAL SVC 14101 003580 00 05/08/2012 101-7003-431.42-15 JANITORIAL SVC VENDOR TOTAL ■ 0005170 00 ALSCO INC LYUH601060 003541 00 05/08/2012 101-7003-431.44-07 UNIFORM RENTAL - LYUM601060 003542 00 05/08/2012 101-7004-431.44-07 UNIFORM RENTAL VENDOR TOTAL ■ 0000296 00 AMERICAN FORENSIC NURSES INC 61345 003540 00 05/08/2012 101-5054-421.36-31 BLOOD ALCOHOL 61416 003591 00 05/08/2012 101-5054-421.36-31 BLOOD ALCOHOL VENDOR TOTAL ■ 0000016 00 AMERIPRIDE UNIFORM SERVICES 1400325686 003574 OD 05/08/2012 101-3002-451.42-15 JANITORIAL VENDOR TOTAL ■ 0005831 00 AQUATECHNEX LLC 3399 003540 00 05/08/2012 101-3005-451.32-30 APR -LAKE MAINT VENDOR TOTAL 0001499 00 BEST SIGNS INC -78370 003547 00 05/08/2012 101-3005-451.56-52 PARK SIGNS s VENDOR TOTAL ■ 0000137 00 -BOYS &.GIRLS CLUB OF COACHELLA VLLY 50112 003564 00 05/08/2012 101-3001-451.33-10 CONTRACT AGREEMENT O VENDOR TOTAL ■ I-"0000106 00 CANON FINANCIAL SERVICES, INC. W11812972 003574 00 05/08/2012 101-4002-415.43-19 CONTRACT CHARGE VENDOR TOTAL 0000947 00 CASSEL, LLORA 161.82 11561.59 1,936.64 475.00 1,673.28 1,155.82 4,605.85 961.64 555.82 12,925.64 80.00 16.18 96.18 41.08 82.16 123.24 60.00 60.00 325.00 325.00 508.95 508.95 10,000.00 10,000.00 3,696.52 3,696.52 PREPARED 05/08/2012, 8:54:12 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 05/08/2012 CHECK DATE: 05/08/2012 CITY OF LA CUINTA, CALIFORNIA - - ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SE0# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000947 00 CASSEL, LLORA VARIOUS 003573 00 05/08/2012 101-3003-451.33-43 INSTRUCTOR PYMT 207.20 VENDOR TOTAL + 207.20 0000022 00 COW GOVERNMENT INC J171621 003535 00 05/08/2012 101-3001-451.56-01 PRINTER 314.75 J171621 003535 00 05/08/2012 502-0000-512.56-22 COMPUTER SUPPLIES 66.52 VENDOR TOTAL + 381.27 0004115 00 CHECKMATE TELEPHONE EXCHANGE 120402232101 003574 00 05/08/2012 101-5006-426.51-07 A/C ANSWERING SVC 180.85 VENDOR TOTAL ■ 180.85 0000140 00 COACHELLA VALLEY PRINTING GROUP INC 74672 003567 00 05/08/2012 101-4001-415.53-01 RECEIPT BOOKS 411.22 VENDOR TOTAL x 411.22 0004573 00 COMMUNITY HEALTH AGENCY MAR'12 003540 00 05/08/2012 101-5006-426.51-07 SHELTER SVC 7,761.44 HS000003626 003547 - 00 05/08/2012 101-5006-426.51-04 DEC -RABIES TESTING 50.00 A0000158 003574 00 05/08/2012 101-5006-426.51-04 RABIES TESTING 100.00 VENDOR TOTAL ■ 7,911.44 0006624 00 COUNTY OF RIVERSIDE ZBS4101 003591 00 05/08/2012 101-5004-424.34-04 DWELLING ABATEMENTS 41.32 VENDOR TOTAL * 41.32 0003033 00 DATA TICKET, INC. 40524 003547 00 05/08/2012 101-5004-424.31-19 MAR -CITATION SVC 2,246.55 40794 003574 00 05/08/2012 101-5004-424.31-19 MAR -CITATION SVC 845.55 VENDOR TOTAL ■ 31091.90 0000112 00 DEPARTMENT OF JUSTICE 905408 003540 00 05/08/2012 101-5054-421.36-31 BLOOD ALCOHOL 315.00 VENDOR TOTAL * 315.00 0000026 00 DESERT ELECTRIC SUPPLY S1892590001 003540 00 05/08/2012 101-7004-431.56-52 ELECTRICAL 226.28 'OS1895782001 003540 00 05/08/2012 101-7004-431.56-52 ELECTRICAL 68.72 S1889459001 003540 00 05/08/2012 101-7004-431.56-52 ELECTRICAL 95.59 S1895735001 003540 00 05/08/2012 101-7004-431.56-52 ELECTRICAL 121.73 S1892590002- 003540 00 05/08/2012 101-7004-431.56-52 ELECTRICAL/MATERIAL 497.81 d VENDOR TOTAL + 1,010.13 i'000307 00 DESERT SANDS UNIFIED SCHOOL DIST 4h?012/906 003591 00 05/08/2012 101-5054-421.36-16 12/15-1/11 OFFICER 9,673.68 VENDOR TOTAL ■ 9,675.68 0006627 00 ELIAS, FRANCISCO - 59616 003591 00 05/08/2012 101-0000-228.30-00 REFUND 50.00 PREPARED 05/08/2012, 8:54:12 EXPENDITURE.APPROVAL LIST PAGE 3 PROGRAM: GM339L - AS OF: 05/08/2012 CHECK DATE: 05/08/2012 CITY OF LA GUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SE00 VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0006627 00 ELIAS, FRANCISCO VENDOR TOTAL * 50.00 0004499 00 EVANS & ASSOCIATES, DAVID 317035 003540 00 05/08/2012 401-1870-551.35-07 MAR -DESIGN 2,989.50 VENDOR TOTAL * 2,989.50 0004899 00 FG CREATIVE INC 2897 003531 00 05/08/2012 101-1003-413.55-07 MEDIA BUY-D E 626.75 2898 003531 00 05/08/2012 101-1003-413.55-07 SPRING NEWSLETTER 7,094.83 2904 003531 00 05/08/2012 101-1003-413.55-07 SHOPPING MAP - 2,500.00 2901 003531 00 05/08/2012 101-1003-413.55-07 ARTWORK -VILLAGE - 800.00 2903 003531 00 05/08/2012 101-1003-413.55-07 ONLINE CAMPAIGN 11500.00 2902 003531 00 05/08/2012 101-1003-413.55-07 PHOTOS -NEWSLETTER 122.40 2909 003573 00 05/08/2012 101-1003-413.55-07 JUN-PPC FB 500.00 2908 003573 00 05/08/2012 101-1003-413.55-07 MAY -TOURISM WS 500.00 2910 003573 00 05/08/2012 101-1003-413.55-07 APR -RADIO TAG 150.00 2911 003573 00 05/08/2012 101-1003-413.55-07 GRAPHIC DESIGN/PHOTO 1,825.20 2907 -003573 00 05/08/2012 101-1003-413.55-07 MAY-PR/RETAINER 6,000.00 VENDOR TOTAL * 21,619.18 0001896 00 FLAGS A FLYING 951272 003573 00 05/08/2012 101-3006--451.43-01 MUSEUM FLAGPOLE 100.00 VENDOR TOTAL * - 100.00 0003047 00 GALLS RETAIL 224736 003574 - 00 05/08/2012 101-5054-421.36-19 UNIFORM-DAVIS 204.23 224735 003574 00 05/08/2012 101-5054-421.36-19 UNIFORM-RAMOS 204.23 VENDOR TOTAL * - 408.46 0006625 00 GRAPHTEK INTERACTIVE 99993042 003591 00 05/08/2012 101-5054-421.55-07 FEB-JAN SERVICES 300.00 VENDOR TOTAL * - 300.00 0000371 00 GUNNER, BRAD 320902-1 003573 -00 05/08/2012 101-3003-451.33-43 INSTRUCTOR PYMT - 182.00 VENDOR TOTAL * 182.00 0006628 00 HANDLEMAN, JACKIE 59514 003591 00 05/08/2012 101-3000-342.70-00 REFUND 8.00 r VENDOR TOTAL * 8.00 0000454 00 HIGH TECH IRRIGATION INC .. 259091 003547 00 05/08/2012 101-7004-431.56-52 ELECTRIC/IRRIG 55.90 VENDOR TOTAL * 55.90 0 0000709 00 HIGH TECH MAILING SERVICES F-+ 24611 003540 00 05/08/2012 101-1003-413.55-07 POSTAGE -NEWSLETTER 2,898.12 VENDOR TOTAL * 2,898.12 0000035 00 HOARD INC, HUGH PREPARED 05/08/2012, 8:54:12 - EXPENDITURE APPROVAL LIST PAGE 4 PROGRAM: GM339L AS OF: 05/08/2012 CHECK DATE: 05/08/2012 CITY OF LA QUINTA, CALIFORNIA -------------------------------------------------`---------------------------------------------------------------------------------- VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK - HAND -ISSUED NO ------------------------------•----------------------------------------------------------------------------------------------------- NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000035 00 HOARD INC, HUGH 63043 003531 00 05/08/2012 101-3002-451.43-52 HVAC 98.50 62840 003567 00 05/08/2012 101-5008-419.43-88 PUBLIC BLDG MAINT 1,106.94 62841 003567 00 05/08/2012 101-5008-419.43-88 PUBLIC BLDG MAINT 2,195.43 VENDOR TOTAL ■ 0002937 00 INTOXIMETERS - 360089 003578 00 05/08/2012 101-5054-421.56-02 OPERATING SUPPLIES VENDOR TOTAL ■ 0006459 00 JOHNSON, PHYLLIS 320604-2 003573 00 05/08/2012 101-3003-451.33-43. INSTRUCTOR PYMT VENDOR TOTAL ■ 0006619 00 JUMPERS ZONE PARTY RENTALS 6 003524 00 04/27/2012 101-3001-451.33-62 CITY PICNIC VENDOR TOTAL * 0000865 00 KRIBBS CONSTRUCTION, BRUCE 1007 003540 00 05/08/2012 601-0000-451.43-65 SRR LIGHT BALLARD VENDOR TOTAL ■ 0003498 00 L 6 L AUTOMOTIVE $690 003573 00 05/08/2012 501-0000-511.43-40 VEH#49 R&M VENDOR TOTAL * 0001239 00 LIGHT SOURCE 95956 003547 00 05/08/2012 101-5008-419..43-88 LIGHT BULBS VENDOR TOTAL r 0000080 00 LOCK SHOP INC, THE E623044 003564 00 05/08/2012 101-3004-451.43-01 LIBRARY DOOR RSM AA00007448 003563 00 05/08/2012 101-3005-451.43-64 SPORTS COMPLEX 0001065 00 NIETO, RUBEN VENDOR TOTAL ■ 75 003540 00 05/08/2012 501-0000-511.43-43 CAR WASH 0006571 00 NORITSU AMERICA CORPORATION VENDOR TOTAL t I0377021 003531 00 05/08/2012 101-5008-419.43-88 PUBLIC BLDG R&M 0005770 00 OAKES, JOSEPH A VENDOR TOTAL ■ 320601-2 003573 00 05/08/2012 101-3003-451.33-43 INSTRUCTOR PYMT O F-+ VENDOR TOTAL ■ 0000041 00 OFFICE DEPOT 605600936001 003540 00 05/08/2012 101-1004-413.56-01 OFFICE SUPPLIES 606201274QD1, 003540 00 05/08/2012 101-1004-413.56-01 OFFICE SUPPLIES 3,400.87 205.00 205.00 44.10 44.10 CHECK #: 95755 .00 410.00 410.00 602.65 602.65 228.43 228.43 162.96 32.63 195.59 624.00 624.00 491.83 491.83 196.00 196.00 53.05 35.87 941.96- 941.96- -PREPARED 05/08/2012, 8:54:12 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 05/08/2012 CHECK DATE: 05/08/2012 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO - DESCRIPTION AMOUNT AMOUNT 0000041 00 OFFICE DEPOT 606133502001 003540 00 05/08/2012 101-2001-411.56-01 OFFICE SUPPLIES 145.03 605440789001 003567 00 05/08/2012 101-5054-421.56-02 OPERATING SUPPLIES 120.81 - VENDOR TOTAL ■ 354.76 0000130 00 ON-TRAC 7394485 003567 00 05/08/2012 101-4002-415.51-31 OVERNIGHT MAIL 73.94 VENDOR TOTAL > - 73.94 0006517 00 PECKHAM & MCKENNEY 2 003573 00 05/08/2012 101-1002-413.32-01 EXEC SRCH FIRM 91833.00 VENDOR TOTAL ■ 9,833.00 0005546 00 PLACENTIA, AMBER 59617 003591 00 05/08/2012 101-0000-228.50-00 REFUND 50.00 VENDOR TOTAL ■ 50.00 0005663 00 PLANIT REPROGRAPHICS SYSTEMS 21032 003543 00 05/08/2012 401-1876-551.45-01 PLANS/SPECS 2011-13 299.00 VENDOR TOTAL ■ 299.00 0005127 00 PLUG & PAY TECHNOLOGIES INC 1123515847 003573 00 05/08/2012 101-3003-451.55-45 APR -CC FEE 20.00 VENDOR TOTAL • 20.00 - 0006154 00 PSI DIGITAL IMAGING SOLUTIONS 26638 003574 00 05/08/2012 101-3001-451.56-01 BANNER PAPER 449.42 - VENDOR TOTAL • 449.42 0000227 00 RALPHS CUSTOMER CHARGES 212019991 003574 00 05/08/2012 101-3002-451.56-02 REFRESHMENTS 119.95 VENDOR TOTAL ■ 119.95 0004086 00 RIVERSIDE COUNTY INFORMATION 99900070001203 003540 00 05/08/2012 101-4002-415.41-25 MRK MAINT 25.12 VENDOR TOTAL x 25.12 0006246 00 ROJAS TKD 'S VARIOUS 003573 00 05/08/2012 101-3003-451.33-43 INSTRUCTOR PYMT 112.00 VENDOR TOTAL ■ 112.00 0000615 00 SECURITAS SEC SVCS USA INC -Y13522591 003574 00 05/08/2012 101-3000-342.60-00 4/14 SECURITY 126.00 F_A VENDOR TOTAL ■ 126.00 -4006044 00 SHARK POOLS 12220501 - 003574 00 05/08/2012 101-3001-451.33-13 MAY -POOL SVC 575.00 VENDOR TOTAL ■ 575.00 0000647 00 SOUTH COAST AIR QUALITY MANAGEMENT PREPARED 05/08/2012, 8:54:12 EXPENDITURE APPROVAL LIST PAGE 6 PROGRAM: GM339L AS OF: 05/08/2012 CHECK DATE: 05/08/2012 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000647 00 SOUTH COAST AIR QUALITY MANAGEMENT 2469020 003577 00 05/08/2012 101-3002-451.41-30 JUL'11-JUN'12 SR CTR 113.88 2468608 003576 00 05/08/2012 101-5008-419.34-04 JUL'11-JUN'12AQMD FEE 113.88 VENDOR TOTAL * 227.76 0000048 00 STAPLES ADVANTAGE 3173237266 003567 00 05/08/2012 101-1003-413.56-01 OFFICE SUPPLIES 34.30 3173443868 003540 00 05/08/2012 101-3001-451.56-01 OFFICE SUPPLIES 176.21 3172608857 003591 00 05/08/2012 101-4001-415.56-01 OFFICE SUPPLIES- 32.29 3173574027 003567 00 05/08/2012 101-4002-415.56-07 PAPER SUPPLY 55.49 3172608857 003591 00 05/08/2012 101-4002-415.56-07 PROD PAPER 76.29 5173237264 003531 00 05/08/2012 101-5001-424.56-01 OFFICE SUPPLIES 182.87 3173202943 005529 00 05/08/2012 101-5054-421.56-02 OPERATING SUPPLIES 61.03 3173202948 003530 00 05/08/2012 101-5054-421.56-02 OPERATING SUPPLIES 170.58 3173574025 003567 00 05/08/2012 101-5054-421.56-02 OFFICE SUPPLIES - 116.90 3173503135 003567 00 05/08/2012 101-5054-421.56-02 OPERATING SUPPLIES 338.29 VENDOR TOTAL * 1;244.25 0006446 00 STOREY, KAREN BL#108721 003564 00 05/08/2012 101-1000-321.00-00 REFUND 7.00 VENDOR TOTAL * 7.00 0002912 00 STOWELL, ZEILENGA, RUTH, VAUGHN & 25705 003547 00 05/08/2012 101-0000-228.10-00 12-008 DEV DEP 3,105.00 VENDOR TOTAL * 3,105.00 0004808 00 SUN APPLIANCES SERVICES 160285 003574 00 05/08/2012 101-5055-422.43-61 ST#70 DRYER R&M 90.00 VENDOR TOTAL * 90.00 0000179 00 SUNGARD PUBLIC SECTOR INC, 49868 003591 00 05/08/2012 502-0000-512.43-01 EXECUTIME MAINT 58.43 VENDOR TOTAL * - 58.43 0000053 00 SUNLINE TRANSIT AGENCY 43585 003566 - 00 05/08/2012 101-4000-341.30-00 APR -BUS PASSES 238.00- 43585 003565 00 05/08/2012 501-0000-511.43-34 APR -BUS PASSES 3,012.00 VENDOR TOTAL * 2,774.00 s0000054 00 TAG/AMS INC 2642479 003574 00 05/08/2012 101-1004-413.32-10 RANDOM DOT TEST 65.00 VENDOR TOTAL * 65.00 [- �0006626 00 THOMPSON, LU 9602 003591 00 05/08/2012 101-3000-342.10-00 REFUND 96.00 00 VENDOR TOTAL * 96.00 0000714 00 TOP OF THE LINE SIGNS 4430 003591 00 05/08/2012 101-5054-421.55-07 MARKETING SP 149.00 VENDOR TOTAL * 149.00 0000058 00 TRAFFEX ENGINEERS INC PREPARED 05/08/2012, 8:54:12 EXPENDITURE APPROVAL LIST PAGE 7 PROGRAM: GM339L AS OF: 05/08/2012 CHECK DATE: 05/08/2012 CITY OF LA OUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEO# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000058 00 TRAFFEX ENGINEERS INC 10 OF 11-07 003591 00 05/08/2012 101-7006-431.32-08 APR -PROF FEES 0000060 00 TRULY NOLEN INC VENDOR TOTAL 660041370 003532 00 05/08/2012 101-7004-431.56-52 BEE REMOVAL 0005068 00 TWOLEY, DANIEL VENDOR TOTAL 59515 003591 00 05/08/2012 101-3000-342.70-00 REFUND 0005643 00 UNITED STATES POOLS CORPORATION VENDOR TOTAL ■ 44047 003574 00 05/08/2012 503-0000-451.43-50 FB POOL -RAILS VENDOR TOTAL * 0006133 00 US AIR CONDITIONING DISTRIBUTORS 8103465 003586 00 05/08/2012 101-3003-451.56-02 MAINTENANCE 8103465 003588 00 05/08/2012 101-3006-451.43-01 MAINTENANCE 8103465 003590 00 05/08/2012 101-5054-421.56-02 MAINTENANCE 8105465 003587 00 05/08/2012 101-5055-422.43-61 MAINTENANCE 8103465 003589 00 05/08/2012 101-5055-422.43-61 -MAINTENANCE 0002431 00 VINTAGE ASSOCIATES SI113871 003540 - 00 05/08/2012 SI113556 003537 00 05/08/2012 SI113356 003538 00 05/08/2012 SI113805 003540 00 05/08/2012 SI113770 003540 00 05/08/2012 SI113763 003540 00 05/08/2012 SI114141 003540 00 05/08/2012 SI113356 003539 00 05/08/2012 SI115356 003536 00 05/08/2012 0006135 00 WELLNESS WORKS 14 003574 00 05/08/2012 3 0004401 00 WILLDAN FINANCIAL SERVICES 1017478 003534 00 05/08/2012 1017478 003533 00 05/08/2012 0 H 0001927 00 WOODARD GROUP, THE CO BL#3825 003574 00 05/08/2012 0005108 00 YOUNG ELECTRIC SIGN COMPANY 101-3000-360.25-00 101-3004-451.30-96 101-3005-451.34-04 101-3005-451.56-52 101-3005-451.56-52 101-3005-451.56-37 101-3005-451.56-52 101-3006-451.34-04 101-7004-4.31.34-04 VENDOR TOTAL * R MEMORIAL TREE - APR -PARK MAINT APR -PARK MAINT REPAIROSEASONS MAIN RBM@SEASONS VANDALISMOSEASONS IRR MAIN REPAIR APR -PARK MAINT APR -PARK MAINT VENDOR TOTAL * 101-1004-413.32-07 APR-EAP COUNSELING VENDOR TOTAL * 735-0000-234.10-00 AD ADMIN 740-0000-234.10-00 AD ADMIN 101-1000-321.00-00 REFUND VENDOR TOTAL * VENDOR TOTAL * 13,752.50 13,752.50 150.00 150.00 8.00 8.00 1,729.78 1,729.78 13.36 6.03 52.85 3.17 4.17 79.58 350.00 560.00 31,540.00 416.00 313.57 310.40 264.75 425.00 12,200.00 46,379.72 172.00 172.00 148.43 805.98 954.41 19.00 19.00 PREPARED 05/08/2012, 8:54:12 EXPENDITURE APPROVAL LIST PAGE 8 PROGRAM: GH339L AS OF: 05/08/2012 CHECK DATE: 05/08/2012 CITY OF LA OUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SE00 VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO ------------------------------------------------------------------------------------------------------------------------------------ NO DATE NO DESCRIPTION AMOUNT AMOUNT 0005108 00 YOUNG ELECTRIC SIGN COMPANY 8003741205 003545 00 05/08/2012 101-3005-451.32-07 ELECTRICAL SVC 2,000.00 8003741205 003546 00 05/08/2012 101-7004-431.32-07 ELECTRICAL SVC 9,475 00 0006623 00 YOUNG, LAUREN ANIMAL LIC 003591 00 05/08/2012 0006622 PM29351 0000813 2396584 :s O IU O 00 111 VENTURE LLC 003591 00 05/08/2012 00 4IMPRINT 003574 1564 00 05/08/2012 VENDOR TOTAL ■ 101-5000-322.20-00 REFUND VENDOR TOTAL * 101-0000-228.10-00 261-062 DEV DEP VENDOR TOTAL * 101-3001-451.33-04 PROMO ITEMS - VENDOR TOTAL * HAND ISSUED TOTAL TOTAL EXPENDITURES e■ GRAND TOTAL ■e■*****�• 11,475.00 20.00 20.00 19,520.00 19,520.00 2,299.53 2,299.53 941.96- 202,545.14. 941.96- 201,603.18 PREPARED 05/05/2012, 10:48:04 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 05/04/2012 CHECK DATE: 05/04/2012 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME 'EFL, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ - NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0006621 00 ALL IN ONE 582432 003561 00 05/04/2012 101-5055-422.56-55 REQUIRED POSTINGS 62.75 VENDOR TOTAL * 62.75 0005674 00 CIGNA HEALTH CARE _ 1367119 003558 00 05/04/2012 101-0000-209.43-00 MAY -DENTAL INSUR 8,158.24 VENDOR TOTAL * 8,158.24 0000268 00 COACHELLA VALLEY WATER DIST VARIOUS 003550 00 05/04/2012 101-3005-451.40-03 WATER SVC 86.76 VARIOUS - 003551 00 05/04/2012 101-3005-451.40-05 WATER SVC 43.64 VARIOUS 003552 00 05/04/2012 101-3005-451.40-06 WATER SVC 178.06 VARIOUS 003553 00 05/04/2012 101-5055-422.41-16 WATER SVC - 203.82 VARIOUS 003549 00 05/04/2012 101-7004-431.41-19 WATER SVC 6,060.52 VENDOR TOTAL * 6,572.80 0006620 00 FERGUSON HEATING & COOLING CD545557 003558 00 05/04/2012 101-5055-422.43-61 COOLER REPAIR 93.21 VENDOR TOTAL * 93.21 0004683 00 FRANKLIN, KRISTY REIMB 003558 00 05/04/2012 101.-1001-411.51-01 TRAVEL EXP-LA 376.29 - VENDOR TOTAL * 376.29 0000136 00 GAS COMPANY, THE 9422738006 003558 00 05/04/2012 101-3002-451.41-13 GAS SVC 79.56 15294440449 003558 00 05/04/2012 101-3004-451.41-13 LIBRARY GAS 26.55 2692565001 003558 00 05/04/2012 101-5008-419.41-13 CIVIC CENTER 505.26 1208591246 003558 00 05/04/2012 101-5055-422.41-13 ST#32 GAS SVC 27.58 VENDOR TOTAL * 638.95 0006114 00 HESS, PAUL REIMB - 003558 00 05/04/2012 101-5056-425.51-01 TRAINING SUPPLIES 44.01 - VENDOR TOTAL * 44.01 0003427 00 HSBC BUSINESS SOLUTIONS 53698 003557 00 05/04/2012 101-5004-424.56-34 CODE CAMERAS - 423.38 VENDOR TOTAL * 423.38 0000269 00 IMPERIAL IRRIGATION DIST VARIOUS 003554 00 05/04/2012 101-7004-431.41-04 ELECTRIC SVC 86.65 VENDOR TOTAL * 86.65 0006609 00 IVANHOE LA QUINTA COVE LLC 29436 003558 00 05/04/2012 101-0000-228.10-00 261-122 DEV DEP 20,000.00 C VENDOR TOTAL * 20,000.00 0006619 00 JUMPERS ZONE PARTY RENTALS INV37 003561 00 05/04/2012 101-3001-451.33-62 CITY PICNIC 741.92 O - VENDOR TOTAL * 741.92 N 0000518 00 PALM SPRINGS DESERT RESORTS )-A PREPARED 05/03/2012, 10:48:04 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 05/04/2012 CHECK DATE: 05/04/2012 CITY OF LA CUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEO# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION- AMOUNT - AMOUNT 0000518 00 PALM SPRINGS DESERT RESORTS 5812 003559 - 00 05/04/2012 101-1001-411.51-01 CVA AWARDS CEREMONY 5812 003560 00 05/04/2012 101-1003-413.55-08 CVA AWARDS CEREMONY 0002605 00 SAN DIEGO PADRES VENDOR TOTAL ■ 1240012120502 003558 00 05/04/2012 101-0000-136.00-00 CADET BB TICKETS 0001970 00 SILVER ROCK RESORT 50312 003558 00 05/04/2012 VENDOR TOTAL * 101-1001-411.51-01 GOLF TOURNEY 0000046 00 SMART 8 FINAL - VENDOR TOTAL 410198977 003557 00 05/04/2012 101-3002-451.56-02 SUPPLIES VENDOR TOTAL ■ 0000150 00 SPARKLETTS 72041212 003557 00 05/04/2012 101-7003-431.56-02 WATER 0000909 00 STANDARD INSURANCE COMPANY VENDOR TOTAL x 6430680001 003561 00 05/04/2012 101-0000-209.47-00 MAY -LIFE INSUR 6430680001 003561 00 05/04/2012 101-0000-209.55-00 MAY-STD/LTD INSUR VENDOR TOTAL ■ 0006006 00 STANDARD INSURANCE COMPANY RV 6430680002 003558 00 05/04/2012 101-0000-209.48-00 0003020 365361520 365361520 365361520 365361520 365361520 365361520 565561520 565361520 365361520 365361520 365361520 365361520 a 0003892 V3393252D "-b002290 iV 00 TELEPACIFIC COMMUNICATIONS 003557 00 05/04/2012 003557 00 05/04/2012 005557 00 05/04/2012 003557 00 05/04/2012 003557 00 05/04/2012 003557 00 05/04/2012 003557 00 05/04/2012 . 003557 00 05/04/2012 003557 00 05/04/2012 003557 00 05/04/2012 003557 00 05/04/2012 003557 00 05/04/2012 101-3001-451.53-13 101-3005-451.40<04 101-3005-451.43-59 101-3006-451.41-22 101-4002-415.41-22 101-4002-415.41-22 101-4002-415.41-22 101-4002-415.41-22 101-5054-421.41-22 101-5056-425.41-22 101-7004-431.34-04 101-7004-431.34-04 MAY-ADDL LIFE INSUR VENDOR_ TOTAL FB POOL FB IRRIG LQ PARK MUSEUM ALARM PHONE SVC PHONE SVC PHONE SVC PHONE SVC BERMUDAS PHONE SVC IRRIG CLOCK IRRIG MODEM 00 USA MOBILITY WIRELESS, INC. VENDOR TOTAL ■ 003557 00 05/04/2012 101-4002-415.41-25 PAGERS 00 VERIZON CALIFORNIA VENDOR TOTAL ■ 30.00 30.00 60.00 11500.00 11500.00 160.00 160.00 208.32 208.32 219.71 219.71 629.83 5,147.84 5,777.67 642.53 642.53 45.15 45.15 225.75 45.15 449.82 320.41 507.20 270.90 135.45 1,012.35 45.15 45.15 5,147.63 77.29 77.29 PREPARED 05/05/2012, 10:48:04 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L AS OF: 05/04/2012 CHECK DATE: 05/04/2012 CITY OF LA GUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEON VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ------------------------------------------------------------------------------------------------------------------------------------ NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0002290 00 VERIZON CALIFORNIA UH8-9234 003555 00 05/04/2012 101-5054-421.43-62 TI LINE 277.49 564-6974 003556 00 05/04/2012 401-1829-551.45-01 PH LINE 2001-22 46 12 0000068 00 VERIZON COMMUNICATIONS 1160767123 003558 00 05/04/2012 0002955 00 VERIZON WIRELESS 1074907958 003557 00 05/04/2012 1074907958 003557 00 05/04/2012 0001742 00 VISION SERVICE PLAN - (CA) 1019440001 003558 00 05/04/2012 VENDOR TOTAL ■ 323.61 101-4002-415.41-22 INTERNET 3/25-4/24 79.99 VENDOR TOTAL ■ 79.99 101-1001-411.41-25 MOBILE PH 3/14-4/13 26.16 101-4002-415.41-25 MOBILE PH 3/14-4/13 1,494.16 VENDOR TOTAL * 1,520.32 101-0000-209.45-00 MAY -VISION INSUR 1,618.96 VENDOR TOTAL ■ 1,618.96 TOTAL EXPENDITURES ■ 52,554.23 GRAND TOTAL*xxx* 52,534.23 PREPARED 04/26/2012, 9:11:18 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 04/27/2012 CHECK DATE: 04/27/2012 CITY OF LA QUINTA, CALIFORNIA ------------------------------------------------------------------------------------------------------------------------------------ VEND NO SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO ----------------------------------------------------------------------------------------------------------------------`------------- NO NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000015 00 ADT SECURITY SERVICES 69382835 003511 00 04/27/2012 101-3002-451.41-30 MAY -ALARM 307.51 VENDOR TOTAL ■ - 307.51 0000133 00 CALPERS LONG-TERM CARE PROGRAM 20120427 PRO427 00 04/27/2012 101-0000-209.49-00 PAYROLL SUMMARY 106.00 VENDOR TOTAL * 106.00 0000268 00 COACHELLA VALLEY WATER DIST 342923677056 003511 00 04/27/2012 101-1003-413.32-22 DUST CONTROL ._ 7.00 110521324960 003511 00 04/27/2012 101-3005-451.40-07 WATER SVC 393.10 VARIOUS 003511 - 00 04/27/2012 101-5005-451.40-09 WATER SVC 22.36 333089851124 003511 00 04/27/2012 101-3005-451.40-12 WATER SVC 113.35 317099849626 003527 00 04/27/2012 101-3005-451.40-01 MONTICELLO PARK 1,205.08 316343848870 003527 00 04/27/2012 101-3005-451.40-12 WATER-LQ PARK 3,630.84 269363692128 003511 00 04/27/2012 101-5055-422.41-16 ST#70 WATER 70.45 328951850852 003511 - 00 04/27/2012 101-5055-422.41-16 ST#32 LANDSCAPE 79.48 328913850850 003511 00 04/27/2012 101-5055-422.41-16 ST#32 FIRE PROTECTION 10.00 328921850848 003511 00 04/27/2012 101-5055-422.41-16 ST#32 WATER 60.37 -310073841308-003511 00-04/27/2012-lD7-5055=422-41=16-ST#93-FIRE-PROTECTION 20.00 279151738268 003511 00 04/27/2012 101-5055-422.41-16 ST#93 WATER 390.33 279153738270 003511 00 04/27/2012 101-5055-422.41-16 ST#93 LANDSCAPE 346.60 VENDOR TOTAL x 6,348.96 0006047 00 CORAL MOUNTAIN PARTNERS LP 15 003525 00 04/27/2012 401-1852-551.80-04 DISBURSEMENT REQ 598,108.00 VENDOR TOTAL ■ 598,108.00 0006026 00 FUN SERVICES 22125 003524 00 04/27/2012 101-3001-451.80-05 CITY PICNIC 11599.00 VENDOR TOTAL ■ 11599.00 0003427 00 HSBC BUSINESS SOLUTIONS 20755 003524 00 04/27/2012 101-1001-411.56-02 FRAMES 107.70 VENDOR TOTAL ■ 107.70 0000269 00 IMPERIAL IRRIGATION DIST 50229968 003511 00 04/27/2012 101-3005-451.40-61 ELECTRIC-LQ PARK 2,443.47 50059934 003527 00 04/27/2012 101-3005-451.40-65 MINI PARK 17.18 50422540 003527 00 04/27/2012 101-3006-451.41-01 MUSEUM 683.65 VARIOUS 003512 00 04/27/2012 101-7004-431.41-04 ELECTRIC SVC 437.80 VARIOUS 003513 00 04/27/2012 101-7004-431.41-07 ELECTRIC SVC 40.39 VENDOR TOTAL * 3,622.49 0003184 00 JOHNSON, LES i REIMB 003526 00 04/27/2012 101-6002-463.51-01 MEALS-COMM MTG 33.39 VENDOR TOTAL ■ 33.39 0000077 00 JONASSON, TIM O REIMB 003524 00 04/27/2012 101-7001-431.51-01 LUNCH MEETING 72.36 N A PREPARED 04/26/2012, 9:11:18 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 04/27/2012 CHECK DATE: 04/27/2012 CITY OF LA OUINTA, CALIFORNIA ---------------------- VEND NO ------------------------------------------------------------------------------------------------------------- SEQ# VENDOR NAME EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO .NO DATE NO DESCRIPTION AMOUNT AMOUNT 0000077 00 JONASSON, TIN 0006619 00 JUMPERS ZONE PARTY RENTALS 6 003524 00 04/27/2012 0004884 00 MAYSELS, SUSAN REIMB 003515 00 04/27/2012 0005775 00 MOYA, DANIEL 61 003526 00,04/27/2012 0000250 00 NAI CONSULTING INC 12 OF 2011-07 003523 .00 04/27/2012 12 OF 2011-07 003522 00 04/27/2012 12 OF 2011-07 003516 00 04/27/2012 12 OF 2011-07 003517 .00 04/27/2012 12 OF 2011-07 003518 00 04/27/2012 12 OF 2011-07 003519 00 04/27/2012 12 OF 2011-07 003520 00 04/27/2012 12 OF 2011-07 003521 00'04/27/2012 0001786 00 SOUTHERN CALIF GAS CO 9605120297 003514 00 04/27/2012 VENDOR TOTAL * 101-3001-451.33-62 CITY PICNIC VENDOR TOTAL * 101-2001-411.56-01 HEAD PHONES VENDOR TOTAL * 401-1863-551.45-01 REHAB 54645NAVARO VENDOR TOTAL * 101-7001-431.32-07 MAR -PROF FEES 101-7006-431.32-07 MAR -PROF FEES 401-1762-551.35-07 MAR -PROF FEES 401-1804-551.80-01 MAR -PROF FEES 401-1841-551.35-07 MAR -PROF FEES 401-1846-551.32-10 MAR -PROF FEES 401-1870-551.32-10 MAR -PROF FEES 401-1871-551.35-07 MAR -PROF FEES VENDOR TOTAL * 501-0000-511.43-34 MAR -FUEL VENDOR TOTAL * 0000150 00 SPARKLETTS 57041212 003526 00 04/27/2012 101-5054-421.41-16 WATER 32033012 .003511 00 04/27/2012 101-7003-431.56-02 WATER 0000056 00 TIME WARNER CABLE 800061909 003511 00 04/27/2012 800034625 003524 00 04/27/2012 0004621 00 TOWER ENERGY GROUP 9747812-IN 003515 00 04/27/2012 0000058 00 TRAFFEX ENGINEERS INC OF ,11-07 003515 00 04/27/2012 0000063 00 UNITED WAY OF THE DESERT 20120427 PR0427 00 04/27/2012 O n� cn VENDOR TOTAL * 502-0000-512.50-03 CABLE 4/20-5/19 502-0000-512.30-03 MAY -CABLE VENDOR TOTAL * 501-0000-511.43-34 FUEL 4/1-15/12 VENDOR TOTAL * 101-7006-431.32-08 MAR -PROF FEES VENDOR TOTAL * 101-0000-209.81-00 PAYROLL SUMMARY 72.36 941.96 941.96 26.92 26.92 1,700.00 1,700.00 4,275.00 250.00 2,671.24 125.00 11525.00 1,425.00 1,195.92 500.00 11,967.16 287.55 287.55 125.77 163.09 288.86 8.42 594.11 602.53 2,618.60 2,618.60 13,005.75 13,005.75 68.68 PREPARED 04/26/2012, 9:11:18 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L - AS OF: 04/27/2012 CHECK DATE: 04/27/2012 CITY OF LA QUINTA, CALIFORNIA ____________________________________________________________________________________________________________________________________ VEND NO SE08 VENDOR NAME - EFT, EPAY OR INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND -ISSUED NO NO NO DATE NO DESCRIPTION - AMOUNT AMOUNT 0000063 00 UNITED WAY OF THE DESERT VENDOR TOTAL ■ 68.68 0002290 00 VERIZON CALIFORNIA 345-2951 003525 00 04/27/2012 101-3005-451.43-59 LO PARK 91.82 771-0105 003525 00 04/27/2012 101-3006-451.41-22 MUSEUM ELEVATOR 117.84 360-5653 003509 00 04/27/2012 101-7004-431.41-04 SIGNAL 4/7-5/6 38.18 771-9713 003510 00 04/27/2012 101-7004-431.41-04 HWY111/WASHINGTON 33.06 771-0231 003511 00 04/27/2012 101-7004-431.41-04 APR -SIGNAL 39.85 VENDOR TOTAL ■ 320.75 0000070 00 WAL MART COMMUNITY - 7010PFHVW 003524 00 04/27/2012 101-3003-451.56-02 DISC GLF EVENT 38.34 VENDOR TOTAL * 38.34 0003350 00 WIMMER, ED REIMB 003524 00 04/27/2012 101-7002-431.51-01 DVBA LUNCH 2O.00 VENDOR TOTAL ■ 20.00 TOTAL EXPENDITURES xxa 642,192.51 GRAND TOTAL rr■**•r i 0 N 642,192.51 PREPARED 05/03/2012, 13:35:40 CITY OF LA QUINTA, CALIFORNIA - PAGE 1 PROGRAM: GM313U ACCOUNTS PAYABLE UPDATE LIST REPORT NUMBER 124 GROUP NUMBER 02114 VOID CHECK GROUP ACCOUNTING PERIOD: 11/2012 GROUP USER ID SMANCILLA - GROUP CREATED BY SMANCILLA GROUP UPDATED BY SMANCILLA --------------------------------------------- TRANS* TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR SEQ VENDOR NAME INVOICE NUMBER AMOUNT DESCRIPTION 1 DESCRIPTION 2 DUE DATE CHECK* CHECK DATE TYPE LAST TRANS DISC/RETAINAGE WORK ORDER JOB* FACILITIES ID ----------------------------------------------------------------------------------------------------------- 100 05/03/2012 003524 00 101-3001--451.33-62 0006619 00 JUMPERS ZONE PARTY R 6 941.96- CITY PICNIC 00/00/0000 00957SS 04/27/2012 N GROUP TOTALS - - COUNT: I AMOUNT: 941.96- :s C7 - n� �r�Flw4� MEETING DATE: May 15, 2012 AGENDA CATEGORY: ITEM TITLE: Receive and File Treasurer's Report dated BUSINESS SESSION: March 31, 2012 Z CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File. FISCAL IMPLICATIONS: Receive and File Treasurer's Report dated March 31, 2012for the City of La Quinta. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Receive and File Treasurer's Report dated March 31, 2012 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. 028 Respectfully submitted, A-�& Jo n M. Falconer, Finance Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Treasurer's Report, City of La Quinta "is 029 2 ATTACHMENT 1 � If MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Directorfrmasurer SUBJECT: Treasurer's Report for March 31, 2012 DATE: April 30, 2012 Attached is the Treasurer's Report for the month ending March, 2012. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in Investment types for the month: Investment Beginning Purchased— Notes Sold/Matured Other Ending Chance LAW - $ 31,975,663 $ 6,200,000 $ (1,500,000) 0 $ 36.675.653 4,700,000 Interest bearing active bank deposit 39,896,313 15,974 39,912,287 15,974 0 Certificates of Deposit US Treasuries 724,000 58,371,968 - 10,800,000 (2) (10,800,000) (2,158) 724,000 58,369,810 (2,168) US Gov't Sponsored Enterprises 23.998,996 9,000,000 (2) (9,000,000) (2,835) (1,889) 23,996,161 9,996.828 (2,835) (5,001,889) Commercial Paper 14,998,717 10,000.000 (2) (15,000.000) 0 Corporate Notes Mutual Funds 3,585,189 108,086 (2) 1 87443 6,551 0 3,612$83 27,194 Subtotal $ 173,550,836 $ 36,124,060 $ 36.387,443 $ 331 $ 173,287,122 $ 263,714 Cash $. 6,838,073 1 8 3 $ 7,181,145 S 343,072 41 7,181,145 Total i 5] 9l 1 $ 143.568.588 $ 331 $ 172,944,050 $ 7,444,859 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quints, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. LM ��c�� S/3 Zo L- John M. Falconer Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other, investments before warrants are presented for payment by the payee at the bank. " 030 3 Treasurer's Commentary For the Month of March 2012 Cash Balances - The portfolio size decreased by $7.74 million to end the month at $172.94 million. The major reason for the decrease was $6.8 million spent on debt service payments on March 1". Major Capital Project payments of approximately $2.5 million were made during the month with $1.76 million of this amount going toward the Coral Mountain Apartment Project and $302,000 going toward the Adams Street Bridge Project. Investment Activity - The investment activity resulted in an average maturity increase of two (2) days from the prior month to end the month of March at 74 days. The Treasurer follows a buy and hold investment policy with one (2) Commercial Paper purchases totaling $10 million and one (1) Federal Home Loan Bank Discount Note totaling $9 million purchased. In addition, $10.8 million of U.S. Treasury Bills were purchased. The sweep account earned $7 in interest income for the month of March and the bank fees for the month were $ 1,698 which resulted in a net decrease of $1,691 in real.savings. Portfolio Performance - The overall portfolio performance had a two (2) basis point decrease from the prior month and ended at .34% for the month, with the pooled cash investments at .44%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding .45% which reflects the current interest rate environment. Looking Ahead In the short term, the Treasurer will be investing in short term commercial paper or GSE paper. a 031 0 CITY OF LA QUINTA PERMISSIBLE DEPOSITS AND INVESTMENTS March 31, 2012 The City Treasurer will be permitted to invest in the following types of investments subject to the maximum percentage compliance limits and bid process requirements: All maturities must be less than the maximum allowed. Restrictions Maximum Matudt Credit QualityExce lions <=$250,000 er institution 3 ears FDIC Insured None <=$250,000 per institution 3 years FDIC Insured None Except no more than $8 million may be invested over 2 years 10 years None Restricted to per -issuer limits below: 3 ears None 100 $30.0 million $25 0 million $20.0 million $20.0 million $95.0 million 15 % 90 da s Standard 8 Poors/Mood 's None Al P1 $10,000 000 er Issuer 3 ears at least Standard & Poors "AA" None $40,000,000 per account Utilize DVP 3 years Unrated None $30,000,000 per account 10 years $40,000,000 per bank On demand collateralized 110% of eligible securities None Maintain $1 per share par value. Utilize DVP 60 days AAA by two of three rating agencies or assets of $500 million and investor SEC licensed > 5 yrs None s Annualized Earnings of Pooled Cash Investments 0.443 Annualized Earnings of Fiscal Agent Investments 0.049 % - Annualized Earnings of All Investments 0.341% A\� Gly d L+ Wnru 5urmaM1 d rNxWigs GN, PeOeveloprpm PYe^[Y anJ Financ�ny PUOronry March 31. i012 C CaeN\InrnMaMs N2:77v2 )dBialn-APdryNree +GYvMmerCpe0nlyJ aPsia b DnAd NM YM-Der Sv u sMH LIIe ISswlitlelrRTerm Fur�Mg PDxR1wa5l0e%nv mK f V9B806,)00<]2B08 PsplresJl DD IH2) GVarvinealliozIMsIsG2 8S) S $ MviBAIuWee l a,NIbWWly WBO OB1 usn 61 6J Par SSCQCd0,C0.NU SY3e2fmDOYeiR1mlp00e11n23l NYAllDaltla/(uM1Mn0ry 113 2 0," 6]2D Dnays 00YI21H5]J0DIX%o MeaY YYieM pA BDYSIbiAArSddkweNM O W W TWl CIV lmnlmpnla TMI,, Cain s Nrpelm.nis A Clly 01la as.. Summary d NdNnys CnV.b Bv lcpnenl AyAN,aIN Frnannry AulnonlY Matryt 31,1, 2U12 PmllollO RDA Inve51nm15 IRDN51 AmM Accrue0 UnEeaIrEN MCM1.eI Oays Pai SeN Malunty CnBlnal Days YlelO ro M090urt Cos.,.,-AVar1ad01 Se"s ues Value 03m Lo Value MaWnl ol]J Daleen Dale WMeNn Metun 20D$0.0A1 LIP 1tta5ury Brll V122% S )935c12 S 1532j4 ]WC.B00 I,OW000 L22/2012 B2DY2012 102 01$4% US BanF 2004 MUusinB Plojscl Yes 1rea5ury Bill V.122% 2]9B.39a 11061 2.]B910000 1)] 2BWOD0 3Y22R012 a/LO!!01$ IB$ 0.122fi uS Baru 2011 RDA 2De0t 5esnce Reserve Yes lredwry BrA VOB2T 508.)tl] I]I) Mill 1A, OOO,VOV 8/]13011 812doo.2 351 0o92fi uS Bank 2011 FInannnB Aullooly..'e, FunO treas,NO U010% 'l.]90 ]5U 11]4) 2,398,IN 54 2<W.000 2/232D12 S2i2012 YI 00]t% US Bang 2011 Ron, AulMnly Debi 5—YA l.easury&II OU92% 25Y906] 1d,, 2}YB.]U 145 26.b"0 9l]R011 --012 351 OUB2% US Banh So 2U11 RevMue BmoS 0101 evionus lreasury&II DO]0% Y9909fi1 339 100W.dw Od N I000100U 2422012 Sea.2 Bl 001% U.5 San, l S ".2.1 3 4 112]< 3 26.J8102B 2B401000 PwHdIo RDP InvKOnen15 Inlesesl NuuNiot A¢rvcd Untealiieo NaM1el Days Pay SeNemenl Ablunly Original Uay YrNU 10 "Do" Ve CusloEran Ava 11er5Ll Su _uet/1 Fate Value Corn Loss Value A. Melun c _ Dale Dale no sons. Malum Suu ce __ 2UfI Reenue BwWS Vess FMLB 0060% b 14B90tl76 E _I2< 5 154b].OW 5 15.OVOn BRBYE011 4/SR012 19] OOfiO% US BanF i01aI�U5. Goremmenl5ttunrre5 $ 14,9B8p]fi 4 - $ 124 S 15,000,CW IS.OW,OW Foodd1o�Nkxcey Mlkl Mylud FunEs ` M1kmey Markel Booh AYv. VmedIRa01e Ms.N Days to Managenre"l irvs iladlil Mu1WI Fred RA. nWAs CJW Value MIWn Bond l55ve Fees CMCCentxeUS.Ban1 PUlec1 Vsss I51 Pnrenan 0PA% 5 1 I9WCIry Mall Revenue B-. 00%el AYeow Ddily CMC Len1el USBanFDAN Svc Yes 1zI PmMOn OW]% Wp 1. Ctly WII RKeene.. 1 p0i RDA U. S. BankDebr SYs Yes 1DAmA— 0000% NIA 1 1. be. Bonds-RDA1 1. RDA U S. Bank- Cl P 1is Aso.1 0000% NIA 1Yd5 Mcuyny BOnoz -RpA 152 legs RDA U. S. Dank - $Venal FUM I Isl Amman 0000% WA - 1. Nouse" Bonds- RDA 162 1.FA Sancta BCnO ISt MrenCan 0000% 100.oB5 WA 100,0.K I IBB6 FA Sene3 Bond 2004 in Ade'1 B85Us BanF.E— Yen 1sl Pmnr3n 0cW% 25]80] WA 2VW7 2Wi FrnBnnnB .1-1, 2002RDAU.S. Sanh CIP Yes 151 Amewn OPA'% 1185.]L WA I.A. 2W2.nes Bons-RDA1 2011 Fissures,AVOpnN Debi Samce Yea 1sl=. .di 1 198E Sen. ft. -RDA2 2011 FIn0n.b, Aidn"s F.—A Fund No 131 Amenon 00W% NO. W650 1 1995 Rousing Bonds- RDA 182 2o11 FI1ranon, Audson C01 Yes 151 Amenan 0000% NO 1 NW Series Bonds-RDA2 M lI Fnandng Aunson, RWSing Fun YK IstNrenOn 0000% e2d NI WA 520.24] 1 2.1 SenK Bonds � RDA1 2011RM2Debt Se1NGe Yes 1. AmMon OBW% WA I 2W15ervs DonK�RDAI 2011 RDA20ed5e1aNReserve Fund No 151 MRnan 0W0% 525 NIA 5$5 1 2U115enu BdbS�RUP2 2011 RDA 2 RedevHWment Fund Yes 151 Amman O.CW 1d33,260 WA 193J260 1 2UI1 Series Bonds-R042 2011 RDA 2 C01 Yes tSl Amman 0MZ WA I 2031 5anes Bends-ROA 2W3 Unable RDA V. S. Bank L01 Yes ISI Amenan OWO% WA 2WJ SeriesBends ROpl 2WJ iauIYe RDALL S. BankLIP Yes ISl Amenson 0000% WA 2W35enesBends-RDA I 2009Fin AUBr LSNAe CIP Yes 1. Pnrfvlan 0000% N. 1 2004 ReenP AUNwlry lossFrn AUIIr US BdnF C01 151NreriOn 0000% WA 2CO4Rgncrn Autlrpu SudroA MUIwI Fund f ]fi123B3 S - S E 3.612.303 s' Total FbuI Agent MvOSIMMS S 110011II F '13 It.150115 111 y GA.Taal 3 113?u,050 1 S 12]] 1 $ Avenge 11.0., la Days 1 1 002% O W LA City of La Quinta Summary of Investment Activities City, Redevelopment Agency and Financing Authority March 31, 2012 Type Principal Date Yield to Maturity ury 2,800,000 3/22/2012 0.124% 7FHLB 7FundingCommercial ury 8,000,000 3/22/2012 0.124% 9,000,000 3/9/2012 0.915% al Paper 5,000,000 3/22/2012 0.230°/al Paper 5,000,000 3/30/2012 0.150% LAIF- City State Pool 51000,000 3/6/2012 LAI F-City State Pool 1,200,000 3/27/2012 Rabobank onthl Reinvested Interest Income - Monthly 15,974 36,015,974 ents SoIdlMatured Type Principal Date Yield to Maturity U.S. Treasury (2,800,000) 3/22/2012 0.025% U.S. Treasury (8,000,000) 3/22/2012 0.025% r GSE (9,000,000) 3/9/2012 0.050% nic Finance AMC Commercial Paper (5,000,000) 3/6/2012 0.180Corp Commercial Paper (5,000,000) 3/30/2012 0.040% ank Commercial Paper (5,000,000) 3/22/2012 0.320% LAIF-City State Pool (1,000,000) 3/9/2012 LAI F- City State Pool (500,000) 3/15/2012 Mutual Funds Bond Draw 87,443 Total Investments Sold/Matured 1 (36,387,443) Checking & Savings - Net Change $ (7,181,145) Unamortized PremiumlDiscounl Change $ 107,755 Investment Change $ 180,388,909 Prior Month Ending Balance 36,015,974 Plus : Investments Purchased (36,387,443) Less: Investments Sold (7,181,145) Checking & Savings - Net Change 107,755 Unamortized Premium/Discount change Month End in Balance $ 172,944,050 C=] cm pl La 0uinla olambulun of call 6lmeslmeMu 6 Balances Nil 2012 0114lbullon of Cash B 1—aBnFnb )]53B )21aa la uS 112A81y 8 96,9 FUM 812,1284 28)128lNdo2 FuM3 99] O6]pellmpadlees 0)1830Putulc LT.NP Paal 0152)9al Rewnm., FUM - yp3206IPMaed Fu a 2,02],236meM ReplafeMoM FuNd 1138,212a5pn Tactlmbpy FuNd 65! 015Epulpmem 8 Fadllry 120.113)sope Q LIM., FUM 36l sawmPA Respl 109088 Suppounil l Pen]bn Plan 18) )02 T..B e n Fall SubtoHl f y!681.W0 so. Su Pmled Area Propel Area 2 S 15.996708 CapM1al lmg.AM AFulls 1 f 9191,206 S 6807,502 Dom $ervira furls pom D 55)1 458 600,308 (31,%1) $ 600,305 $ 5,543.397 aMApency Low 6lMlA M.— FUMs 332424% 20260 410 54 002 Mo So.,$ b,p11,160 t 21 IMISO $ 76,145,319 Ne al AuMo 1332450 751 2.204 L3. al rta. a Inmme FUMs 9ub[eMl S 1 ]]3160 So t 6H,)N f ],000,301 Filunc A.M. =-emFUM¢F- 11111900 111119 Cell SUMa Su6bh1 f 111118 { 122,9N,O50 TWI CD W T Jul 11 20,5]8 A usl B,B]6,520 Be mbar Ne.]]B Odobe� ,055 Nosembel -1,0%.198 Oemmber WB,]% Jarxa 12 Fedua MaRI A II M JUre 1.05].Bt9 6830.0]] -N3.0I2 Lasl6lnvedmenb 21,]iB.)13 1i.9]8,]d5 1]3]8,)15 15260.981 26,6509& 39.130,B65 ]9,W5.853 ]19]5,65] 36,1175 ,&5] Stlle Pwl 10,W11 15,00],114 39,511615 ]9,53],820 39.%BB2d ]9861.%0 I9,3B1,019 >B,B%.]t] ]9.91228) InRreAbeMlq aNm Bank Bemyl SB,B12159 SB,W))21 ]29dB,195 80,%5,235 W,%2 �]0 13,%]8% IJ B]0,9]] 30,]]1988 38.J68,810 LLS.iRauy BlllsMohS Enlerylxi 1B,B91,159 18.99],]]I 149al 11 goal 14 Sol 1d,%1,613 23,%],020 23,%O,B% 23,9%,161 U.B. Lomrnmem SmnwRE 1.%].I]J 0 0 0 6,999,13] 11,9%,SP 11,990.)ti 99%,828 Prime Commertlal Paper t9.%2.BB8 IOOb SA 5015]52 5,008776 5=025 0 0 0 0 CArp]rala 10031 J23 na%9 1u.90o nd,696 n1,C% 12!CN rz1.a% ns.a% T21,030 1z4099 0D unrcmRadoepoa IS 3B)1i5 153580R 16 i6]BCB 161I021] Ifi 0021] 161]2569 15 %]991 3585oo 3B133B3 Mutual Fulls 1819122]9 16]195018 16B ]3B 1] 16292315/ 1625160]6 1B03B]BTS 180 ]M 939 1]29M %0 TaUI 186838/28 T Jul 10 A U. Se mbar Odom Nom.Ba Decal Janua 11 FeOm 5 SOL]6] mail l S 1019288] A II f 892)12 Ma S (782.812) Jum S 2)],2M Lul Olnvedmema $ (519,652) S 115]fi.3YJ 3 (210A80) S 4818)9 S 656 fi16 $ 926,611 S J12]]B55 $ 115-.— $ 1)2%,%0 S 12,61T,fl5B $ 31,I1T.BSB S 31,%0,181 S J),SB8.191 S 31.]88,181 of Paul S O.J11 B1] S ]1 ]11,613 5 16,9p 6II $ 1!12],855 0]9&,%0 S 119]1,651 5 B],950.217 5 918i9216 S 91.0%569 S 91.9[0.1]t f 8/911905 S M,921A01 f ]1,W0.152 S 56838,5% US. Tttasury BilILNORs S B],835.011 f 9T%6.51B S 8l.%6,929 i $ S 23,6%,1fi1 $ - S 21.%],%2 S 24%B,SB1 $ 19.%3CW $ 19,985,818 S 19,958,R9 $ 19.99 1547 US. GoMmmeMSponsmeb EMINMilas S'10,8%,2% S 5 - $ - S 9995828 $ - f- 8.9%.191 S 6%B,BO] j 1,%),11B f l,8%.261 $ 19.9YI,062 $ t9,993.880 Prism COmmRreial Pacer S - S 5 15.1O]]8 $ 15.131260 $ 15.119416 $ 15107,239 $ 150%.%1 S 15.0"ago S 10073,092 S 10,Gil $ 10.03732 $ 1001/211 Cmpolde Notes f 15,18).310 5 15.155,163 S S al i S _M. i S $ 3 S S S Sol Cel?Ial M DeWsi1 S %8,0� S B89.� BB,o� ]969,0% 1of 1%00�]1 1J8001 1%%90J0 I%90.W] 1529E K1 Mutual FUMa 1192I2528 181283680 118818 ]]8 188%5%5 I61 L2]13T 15)221803 151 W8915 1611P M3 f 190 M2 ]SB Total 1BOIl]100 1W 51]d93 151335255 T Ju 09 All u51 Se mmr October Wromml OemMMe 960,81d Janua 10 $ (6P,2M) Febtua f 5.0.25 Maim S Boll A rA S 1,0]].216 Ma S 215810 Ju e (1229,]31) Can 61nve5Mema S (]40,516) S 11A0193d f B16 U6 $ 1215593 $ (5005%) S S 16%8,1% S 56,)80,15 $ 19630,05 5 191W.O5 f 47 Sol232 $ SLfi51$]2 S 50,]51.232 $ 51ale Pool S 53,80],506 i 35,15].5% 5 IBAO).5BB $ "Al $ "JoB.19t 1029]S NB $ %.82B,B2] 8%S �1499B,5u �18,%],]]I 10.99T4%1 U S. Treaury BlllyNoi¢s $11 ],BP S% $10T911,J91 S 101.930,520 $ 100,%B.BOI S fPoSAN S 9837 WB $ S S >s 995,W8 $ Us. Gaw MNa Sponwree Elfaprix- $ $ $ $ f - $ $ $ $ - $ - $ 5 - prvmCommerdalPam� $ 1.%B.%B $ - 3 - 152B8,IW $ 1 S 152I1.T01 5 15.282998 15,200,968 15238,015 $ 1533]Adt 11209.0(1 $ 1120]A00 3 15,191201 $ 15.1]9,51] Lpfmrat Niles S 12,115,512 $ 12, 111]R 3 S 1209,DON $ 1,209,000 S 1209.000 f 120B.W] $ S 1,200,%0 $ f 1,209.0.rv3 S 12G.W0 $ S 12W.%3 $ 1209,000 $ 969.090 LelRWles of Cemsl comil S Sol 3 12M000 $ %1153 9N 10] tl1652 111652 111 653 111651 581 ]% FUM] SP %1 169 U1155 16690600 1%118920 IBt ]003fi1 1%203 O5 101800 ]% 1B]1119% 1865%555 1828]2 R] TOmI 189 US 83B 18787403 $17350046 Jul OB A ud Be mm� Odom Noromba I.lumbe� Janua 09 S 16,218901 Febma $ 6]18.5% Mal S 12010f 1) A nl S 156I,01] Ma S 2.)B],009 Jule i %BA80 vedmenu $ IA911,15B) $ t0,BT99]6 S 10,35ij S {t A]5.933' f 11112<]) 1698L9a) $ 1962.617 3 IBO].91fi $ 58.11955] $ 51819.55] f I9,BI8.553 $ 512%.185 f 59,]%,I05 f 569%.105 S.I f 11 %]820 S d650]930 $ <9263920 S gA8].B1] 5 63jh]61 $ %)35,438 $ 0.)BJ,J1B $ 100005288 S'OB B]8.)1T $1150]S,I12 $122%8)61 $ 11 T.BR,81] aury Bals)Nolel $ 12.)80,593 S 20,03].U2 57.762273 $ 3381!b9 S 1]8139& $ 35057.460 $ Q86],2% $ 3 36911,858 $ 101]6930 $ 1045503]5 $ 7,911960 f T%1,165 $ $ - $ nmM SpumO ad Enlelplu5 1T.MF $ 54]&,8T1 S )tfi $ 21928]]1 $ 219]3372 S 6%1,1)6 S - $ - f - $ S S !%T029 S d9%,T]d membl Papal $ 2]951.001 $ 22910 $ !9%,B% $ 1969 fi26 $ 49%,591 S 1,991520 S !all S 1903,]92 $ 1.314 S 12122]85 y 12, 1%19,3 NoMs $ 7978,235 5 T081113 $ T%50L . UI Bill M, 115%J08 11521102 8092166 %2]fi 909]9 S 186622 ]d1 1)9 ]]B813 t]11%11] 1 173 )fl 025 2026P390 751621 19169]BIS 5180 %161J 1B83%d93 S16B 910 901 100165000 f 159 W1 ]3d 1618302BB City of La Quints Casn Flew Analysis FY 11112 Six Month Forecast Be infB.I..ace Actual I Total YTO Thrcu h 3131113 M-12 May 12 Juner12 July-12 net 12 Se erMa, l2 10,321.960 122.946,016 147,116.792 163,991]90 162,206,391 155,523,212 1"373,606 190,$1,9a0 Pmperert Transax Sales SiverR- OMer 35,436.546 2,261925 4,134.649 2,759,747 1 059621 14962,956 0 831.425 390,120 585613 0 1.988901 1,815240 212650 5a2,641 339681 0 2062654 3],109 411,43] 1078055 20I,3II 1061950 4655161 69,253 95020 0 1953T1 0 16360T8 45,440 95020 0 28,235 0 2tl163 29,528 149,706 332,698 11T,283 0 600315 3I,433116 4,558.183 8526,163 4,252,504Library 2,120.]]1 26650233 Reven 60,614,44 3.805,238 5.511.865 7,01.090 1,995,722 "I'm 1 R9,530 a1,5N,989 Expenditures $Nalie5 8 Fringe BerohlS SucceSaor A9ercy to Me Ra'Jevelopmenl Agenq OMar erpeMllures cap"PTjws O ,, Servce Pnnci ainnlemptPads Through) Talal Ex ntlliortl 7,642,918 2,027644 27,517612 11,404,986 26482649 811628 2J4,092 4,962,618 3.627,310 9 811628 359.279 3,863,721 3,602339 0 811,628 624,263 4, 197,8% 3.602,239 0 811828 245,767 3,736.336 3A71761 412909 1,212,443 250,826 4,972,137 3.471.T61 0 811628 2506z6 3,74,013 ]<11)81 0 12.918.5"1 3.991.602 52,994,324 '32.&52,052 28,095555 J1,075,809 9,6]6,42 6,6J6,866 9,2M,48 8,678.400 9.911.98T 6,276.036 131,454,042 NH Revenuaslfv n011uns flB,N1.185) l,O1j311 IJ.R5,0011 (1.b5'sood (6,682,679) 49.885,073 cnangaS m Aaseizhiaeulfiea (91 z.69o) M'573.SW139.524,108 (912,Sled EnOi Cash Balance Vz,9N,018 16T.118,292 1W,891,T90 162,2M.J91 155.533.712 1]0,534.106 NelChagafn G5110elone MaWtln981vesOmMs It2,]23.84) 15,931,2241 IJ,R5,001) (t.T61,400)(66928T9) 150.291.T531 Pro ecls d (Sources)Nses o/Gah -Fiscal Agent BOM Money paused 0 0 0 0 0 0 Bond Sale Pmceeds 0 0 0 0 0 0 Mower, lnvea0reM5 (15,0W0001 (12,4016001 0 0 00600.0001 Ded Service MOn MdIkH 0 0 0 0 13,200.000) 0 0 To1el 15006000 12401000 0 0 3200000 10600030 lain ceonal Propcl m.., MaM1H 1 0 1 15.000,000 1 27.401.001) 127.401.000 127.401.000 1 30.601000 1 41,401000 I Ma r Chan es in Cash Rover Ana six prom Prior Report Revenues: I I Sales Tax higher than budgeted E1 Did reures: 2) Did rot Spend Monty PA I did or w e clrem in for H Bond FUM: Housing AWbwity PA 1 0id nor spell $PSk for Housing DavelopmeM. 17 0 W YTO Forecast 1) (3 n ;m .0�oc�cin a:<A a'ovoovoN�'= o 000,o�oc000000000'o^'000000000N00000"'"'"'"' o. .P. 000 om ........ � _.P.u%. n$ @mw"rn'omaa $oo W=mom-a um X X X �"ae X aX X� X X X a° X X X X X X a a• a'e e a° a° � X e v� � a�� e e e X e e X X X� e,� X X X a a X X a a° oo,y .......o po o oo. N O O O O ........... O O O O O O O » N, N tJ, N N P N q C+ om O Np.P �. Jm. P PNO m vNJ q j a��'m�$J-JPNPPN� a�a°XX��XXXXa°XXXXXea°XXX��XXa'Xaea'X ea°XX:�XXXXef XXa°e a%XXXXXero.+m XXXd c n HNNmnN$^o'�-onduNm g'm��NSWNam$`Na `m°mm$ro=a NPm��aNiimm$"OO1�m�mea'P o o oo oom 0000 0000 0000000 i000wbNroo b b obb��o,000-»>,�0000� .. _ .W wPaPaPPmwPPmmJPPw$�>oo'm room -ooP$P gtaReo ie 3°XXd°XXXXd'd°T'XXXe°A°o a`T'XXXee XXXXXXXXeXXXXXXXXXXT° i O O O O o o O O O O O O Opa ............... vw SSA' N G OON m0�J0N0. PPG.P. U�PpO �mPN JOWW�ro anm Z o o o o O O O o .......... O N O OOo �NNwIJ m W'P is (J (��'IJV P_PP' V�P.W�pf'"N CO O o o o O O o 'O 0 Y N N O Yi O P o W W W ...... o O 6 m 8N O O'O 00 0 m m d m N fs C XXeeXxxeeXeeXeXeeeeeXeXeeeeXeeeXXeeeeeeXXXeeX O Zy3 o 0000. O O O O O O O O O O O O O O 0 0 0 T A A 'a m''nun"o'uNuwoaa'm Pm''m'NNVNwammao-om 4. S 000 o o o o-u . b. o. P mm�iN NN fl ��. pNXPmmo P �'w 0+0amN. eexeeeXXxeXeeeXeeeeXXXeeXeXXXees� eeeeeeeeeee XXee e ee XX e eeXee goo wad Nye City of La Quinta Chart of Interest Rates October 2011 through March 2012 0.60% , 0.50% 0.40% 0.30% Percent 161KIV7 0.10% 0.00% -i-- October'11 November'11 December'11 January'12 February'12 March'12 - -9— Annualized Earnings of Pooled Cash Investments --41—Annualized Earnings of Fiscal Agent Investments!; Annualized Earnings of All Investments —A Six Month Treasury Bill Rate s —�—Two Year Treasury Note Rate 0 w ca ro T-af 4 4V a" MEETING DATE: Mav 15, 2012 ITEM TITLE: Receive and File Revenue and Expenditure Report dated March 31, 2012 RECOMMENDATION: Receive and File. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Receive and File the March 31, 2012 Statement of Revenue and Expenditures for the City of La Quinta. :fully submitted, ohn M. Falconer, Finance Director Approved for submission by: W-aA ---_ Mark Weiss, Interim City Manager Attachment: 1. Revenue and Expenditures Report, March 31, 2012 ..n M1 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2011-OU3112012 ATTACHMENT 1 FUNDS ADJUSTED BUDGET RECEIVED REMAINING BUDGET % RECEIVED General $32,056,3W.00 E16,825,958.10 E15,230,391.90 52.50% Library 2,130,W0.00 1,058,820.50 1,071479.50 4970% Gas Tax Revenue 994,900.00 816,181.73 178, 71B 27 82.00% Federal Assistance 145.833.00 13,545.00 132,288.00 9,30% JAG Grant 16, 152.00 8, 163.40 7,988.SO 50.50% Slesf(Cops) Revenue 100,3W.00 150.W 1W, 150.00 0.10% Indian Gaming 105, 844.00 89,107,99 16,736.01 84.20% Lighting B Landscaping 979,114.00 511,222.19 467,89181 52.20% RCTC 0,00 0.00 0.00 0.00% Development Funding 0.00 0.00 0.00 0.00% Crime Violent Task Force 000 191,028,20 (191, 028.20) O.W% Asset Forfeiture 8,533.00 9W236 (469.36) 105.50% AB 939 4,300.00 591 3,709.50 1370% Quimby 50,000.00 7.191.09 42,808.91 14.40% Infrastructure 30000 401.37 (101.37) 133.80% Proposition 18 352,38200 42.783.W W9598.01 12.10% South Coast Air Quality 65,568.00 46,884,32 18,683.68 71,50% CMAQ/ISTEA 416.026.00 272,502,88 143.523.12 65.60% Transportation 435,210,00 4W,536.87 3d,673.14 92,00% Parks B Recreation 167,556.00 171.124.00 (3'SSS00) 102.10% Civic Center 69.482.00 68,55962 922.38 9870% Library Development 66,57300 67,993,W (1420.00) 102.10% Community Center 19,858.00 15489.59 4,36841 7800% Street Fadlity 15,708,00 15,935.14 (227,14) 10140% Park Facility 4,026.00 4,114.60 (88.60) 102.20% Fire Protection Fadlity 15,731.00 13,553,76 2,177.24 86.20% Arts In Public Places 99800.W 50.221.15 49,57885 50,30% Interest Allocation 0.00 (0.00) 0.00 O.W% Capital Improvement 111,066,084.00 10.250, 126.31 1W,815,937.69 9.20% Equipment Replacement 620,806.00 620,168.53 637.47 99.90% Information Technology 489, 322.00 487.160.63 2,16147 99.W% Park Equipment& Facility 2,700.00 613,83 2,086.17 22.70% SilverRocl, Golf 3,916,419.W 2,759,746. 91 1,15Q672.09 70.50% SilverRock Golf Reserve 68,34000 490.20 67,849.80 0,70% La Quints Public Safety Officer 2,100.W 2,03199 6801 96.80% Supplemental Pension Savings Plan 200,954.00 200,53440 41960 99.80% La Ouinta Financing Authonty 685, 121.00 W3,956.54 1, 154.46 99.W% Successor Agency 10,082,313.00 6,021,65344 4,030,659.55 59,70% RDA Project Area No. 1 36,920, W7. 00 32,1W,639.77 4,820,167.23 W.90% RDA Project Area No. 2 13,498,373.W 11,726,777.88 1,771,595.12 8690% La Quints Housing Authority 3, 535,478,00 3, W1,12479 474,353.21 86.60% Total $219,408,64300 $88,616, 0%47 $130,792,54654 40.40% Nate, Many interest income accounts have negative balances due to the reversal of GASB 31 unrealized income recognized in FY 2010/2011 ..a 041 2 CITY OF LA QUINTA EXPENDITURES -ALL FUNDS FUNDS ADJUSTED BUDGET 07/01/2611-03 1/1/2012 EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $3Q321,760.00 $19299,004.22 $56.082. 6 --- $1Q966,672.92 53.1% Library 1,776,094,00 1,908,900.42 0.00 (1320 10% Gas Tax 1,367,373.00 748,172.00 0.00 621,201,00 1.00 54,6.6% Federal Assistance 145,833,00 0.00 0.00 145,833,00 0.0% JAG Grant 16,152.00 8.163,40 0.00 7,988,60 50.5% Slesf(Cops) Revenue 145.029.00 71,452,93 0.00 73,576.07 49.3% Indian Gaming 105,844.00 89.107.99 0.00 16,736.01 84.2% Lighting 8 Landscaping 1,002,996.00 752,24Z00 0.00 250,749.00 75.0% RCTC 0,00 0.00 0.00 0.00 0.0% Development Agreement 0,00 0.00 0.00 0.00 0.0% CV Violent Crime Task Force 28,987.00 8,871,68 0,00 20,115.32 30.8% AS 939 394,451.00 133,263.87 2,000,00 259,107,13 33.8% Quimby 8,469,543.00 145,095.30 0.00 8,324,447.70 1.7% Infrastructure 393,074.00 140,775.13 0.00 252,298.87 35.8% Proposition 1B 362,382.00 54,677.52 0.00 297,704.48 15.5% South Coast Air Quality 41,568,00 37,273.80 0.00 4.294.20 89.7% CMAQ 416,026.00 272,502.28 0,00 143,523.72 65.5% Transportation 4,155,414,00 1,599,907.62 0.00 2,555,506.38 38.5% Parks 8 Recreation 7,100.00 5,298.62 0.00 1,801.38 74.6% Civic Center 237,056.00 181,792.91 0.00 55,263.09 76.7% Library Development 9,800.00 7,506.77 0.00 2.293.23 76.6% Community Center 0.00 0.00 0.00 0,00 0.0% Street Facility 10,000.00 7,882.38 0.00 2,117.62 78.8% Park Facility 2,200,00 4,114,91 0.00 (1,91 1 % Fire Protection 4,700.00 3,607.75 0.00 1,092.25 .25 768.% Arts In Public Places 536,200,00 39,940.01 0.00 496,259.99 7.4% Interest Allocation 0,00 0.00 0.00 0.00 0.0% Capital Improvement 111,066,064,00 11,404,986,43 1,475,400.00 98,185,677,57 10.3% Equipment Replacement - 604.339.00 146,087,64 0.00 458,251.36 24.2% Information Technology 518,354.00 250,98149 0.00 267,372,51 48.4% Park Maintenance Facility 482,234.00 40,579,88 0,00 441,654.12 8.4% SilverRock Golf 3,833,108,00 2,637,173.31 0.00 1,195,934,69 68.8% SilverRock Reserve 0.00 D.00 0.00 0.00 0.0% LQ Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% Supplemental Pension Savings Plan 12,833.00 12,832.86 0.00 0.14 100.0% La Quinta Financing Authority 3,380,840.00 3,268,731,29 0.00 112,108.71 96.7% La Quinta Housing Authority 1,433,111.00 531,054.22 0.00 902,056.78 37.1% Successor Agency 550,871.00 478,256.00 0,00 72,615.00 86.8% RDA Project Area No. 1 105,464,137,00 46,376,788.70 0.00 59,087,348,30 44.0% RDA Project Area No. 2 36.519,860.00 14,412,230.59 0.00 22,107,629.41 39.5% oa 042 3 CITY OF LA OUINTA 07/01f2011 .031311012 GENERAL FUND REVENUES DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 1714,800.00 903,837.51 810,96249 52710% No Law Property Tax Distribution 3,922, 500.00 2,1%.98569 1725,514.31 56.010% Non -RDA Property tax 143, 500.00 0.00 143,50000 0.000% Statutory Tax -LO 190, DW.00 000 M000.00 0.000% Statutory Tax -Riverside Cory, 80,000.00 0.00 80,01 0.000% Sales Tax 5.531,677.00 3,153,814.46 2,377, 862. 54 57,010% Sales Tax Reimbursement 1,843, B92. 00 980,835.13 863,05(i 53,190% Document Transfer Tax 421, 50000 239,651.13 181,848.87 56.860% Transient Occupancy Tax 4,500,000.00 2,229,114. 11 2,270,885.89 49.540% Transient Occupancy Tax- Mitigation Measures 251,000.W 32,810.55 218,189.45 13C70% Franchise Tax 1.531730.00 820,807.00 710,923.00 53590% TOTAL TAXES 20,130, 599.00 10,557855. 58 9,572,74342 52450% LICENSE d PERMITS: Business License 298,400.00 223.456. 11) 74,W390 74,880% Animal License 32, 300.00 2223300 11 DO 68,830% Building Permits 188,300W 150,749.00 37,551.00 W.060% Plumbing Pernik 24,400.00 28198.25 (3,799,25) 115.570% Mechanical Permits 24,80000 25,452,50 (652.50) 102.630% Electrical Permits 25,200.W 25,212.64 (12.64) 100.050% Garage Sale Permits 16, 100.W 11,720.00 4,380.00 72.800% Misc. Permits 52,600.00 35,40,192 17,19508 67,310% TOTAL LICENSES 6 PERMITS 652,100.00 522,427.41 139.672.59 78.900% FEES: Sale of Maps B Publications 1,885.W 440.91 1, 444. D9 23,390% Community Services Fees 433,844.W 316,860.97 116,983.03 73.040% Finance 7.801 31SW 7, 485.W A040% Bldg 8 Safety Fees 210,366.00 148,249.14 62,116.% 70.470% Bldg B Safety Lease Revenue 73,100.00 59,05948 14,040.52 8079D% SMIP Administration Fees 250.00 52.39 197.61 20.S63% Planning Fees 75,800.00 58,376,93 17,423.07 77.010% Public Works Fees 150,05500 109380.90 40674.10 72.890% TOTAL FEES 953,100.00 692, 73572 2W0364.28 72680% Motor Vehide In -Lieu 3,151, 558,00 1, 597.901.07 1,553,656. 93 50,700% Motor Vehicle Code Fines 100,Wo.00 47,203.18 52, 796.82 47.200% Parking Violations 42,90000 25,01500 17, 88500 58310% Misc. Fines 151400.W 95, 367.82 56,032.18 62.990% Federal Govt Grants 154,349.W 6,55470 147,794.30 4.250% County of Riverside Grant 2,450.00 0.00 2,450.00 0.000% State of California Grant 11,892 W 8.450.04 3 441.96 71.060% Fire Services Credit- Capita1(10150003375010) 63,587.W 63,587.20 (020) 11 Fire Services Credit - Oyer (10150003375000) 5,254,039W 2,328, D51.17 2,925,987.83 44,310% CMD 16.800.00 0 W 16.800 00 0.000% CSA152 Assessment 257.408.00 257,408.47 (0.47) 100.000% TOTAL INTERGOVERNMENTAL 9,206,383.00 4,429, 538.65 4, 771 48.110% INTEREST 493.900,00 147,751.80 348, 148.20 29.920% MISCELLANEOUS Miscellaneous Revenue 32,90D.00 72,918.23 (40, 018.23) 221.640% AB939 92,400.00 44,652.93 47,747,07 48.330% Mitigation Measures 47,460.00 47,460. D0 0,00 1D0.000% Rental income 000 0,00 0.00 )Ci Advertising Coop 25,000.00 17,035.W 7,965.00 68.140% Cash Overt(Short) 0,00 (141.54) 141.54 0.01 TOTAL MISCELLANEOUS 197,7W.00_ 181,924.62 15,835.38 91.91 TRANSFERIN 412, 508.00 21 118,783,68 71.200% TOTAL GENERAL FUND 3$055350.00 16,825, 958.10 15,231 52,4W % H 043 n CITY OF LA GUINTA GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/0112011-03/3112012 ADJUSTED 03131/12 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE GENERAL GOVERNMENT: LEGISLATIVE 830,989.00 489, 584.04 0.00 341,404.W 5892% CITY MANAGER'S OFFICE 58631100 453,974.04 0.00 132,336.56 7143% DEVELOPMENT SERVICES 1566]94.00 1,106A65.48 0.00 162,72IL52 70.50% MANAGEMENT SERVICES 1 W74WOO 1, 146,911.25 0,00 22050875 83.87% TOTAL GENERAL GOVERNMENT 4,353,5].00 3,1965"1 0.00 1.156879,19 7.42% CITY CLEM COMMUNITY SERVICES FINANCE: BUILDING 8 SAFETY: POLICE: PLANNING: 574071.00 3M,%3.37 0.00 17910763 68.60% TOTALCITY CLERK 574,071.00 394,%3,37 0,w 179,1063 68.80% PARKS B RECREATION ADMINIS 1p43,608.00 729,121.94 0.00 314,46605 69.87% SENIOR CENTER 414,580.00 286,648.22 0.00 127.911.78 69A5% PARKS B RECREATION PROGRA 32],820.00 264,090.46 0.00 62.929.54 wS0% LIBRARY 1464,016.00 740,450.89 000 723.555.31 50.58% PARK MAINTENANCE 1,0]],556.00 750.03073 0.00 327.525.27 69.60% MUSEUM 312.078W 169,457.48 0.10 14262052 5430% TOTAL COMMUNITY SERVICES 4,639,63800 2,940,599.52 000 1,69$038.48 63.38% FISCAL SERVICES 974,824,00 715,483.45 0.00 259,340.55 73.40% CENTRAL SERVICES 340.191 DO 221981.65 000 116209,35 65,25% TOTAL FINANCE 1,315,01500 93]465.10 0.00 6"b49.90 ]1.29% BUILDING 6 SAFETY - ADMIN BUILDING CODE COMPLIANCE ANIMAL CONTROL FIRE POLICE SERVICES 205,01842 456.00 76,852.58 7262% 417,129.79 0.00 136,559.21 75.34% 762,851.19 Cm 307,043.81 71.30% 313.12542 0W 146,571.58 68.12% .233.543.65 0.00 2,723458.14 4506% 12,874 770 00 5,23 823.01 0.00 7.639046.99 4066% TOTAL PUBLIC SAFETY 12.874,770 00 5.234823.01 0.00 1,639,946.99 4066% PLANNING -ADMIN 983,181O0 635.70 S8 000 347,474,12 64.66% CURRENT PLANNING 56745100 319036.19 0.00 248,414.81 1,22% TOTAL COMMUNITY DEVELOPMENT 1,5 ,63200 954,]43.07 0.00 TOTAL 3 6151% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATIO 609,920,W 370,038,85 2,900.00 236,981.15 60.67% DEVELOPMENT B TRAFFIC 603.874,W 417,936,59 0.00 185,931.41 69.21% MAINT/OPERATIONS- STREETS 2,0]3,6]2.00 I.W7.385.20 D00 9 .286.80 68.46% MAINT/OPERATIONS- LTG/LAND 1,533,561.00 943,810.02 0.00 589,750.98 61.54% CONSTRUCTION MANAGEMENT 1,]]8,250.W 1155723,53 52,626.86 589,199.81 .99% TOTAL PUBLIC WORKS 399.2 .00 4,854,894.19 55] 2,488,126.86 65.61% TRANSFERS OUT 1,452.]]6.00 874,27995 0.00 578496,05 60.18% GENERAL FUND REIMBURSEMENTS (6620189.00) (51W 491 i2) 000 (145969778) 77.95% NET GENERAL FUND EXPENDITURES 36.321760.00 19.299,004.22 56,082.86 16.9666]292 53,13% ..,u 044 5 CITY OF LA GUINTA 0110112011 - 03/31/2012 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,123,900.W 1.058, 314.57 1, W5, 585.43 49.830% Contributions 0.00 000 0.00 0.000% Interest 6,400.W 505.93 5,894.07 7.910% TOTAL LIBRARY 2,13O300W 1058,820.50 1,071479.50 49,700% GAS TAX REVENUE: Section 2105 205,200.00 134,861.57 70,338.43 65.720% Section 2106 128,600.W 84,456.58 44,143.42 65670% Section 2107 273.100.00 199,522.42 73.577,58 73.060% Section 2107.5 6,000.W 0.W 6, W0.00 0.000% Section 2103 381,800,00 396,431.12 (14,631.12) 103. BW% Traffic Congestion Relief O.W 0.00 0.00 0.000% Interest 200.W 91004 (710,04) 455.020% TOTAL GAS TAX 994,900.W 816,18173 178,718.27 82. NO% FEDERAL ASSISTANCE REVENUE: CDBG Grant 145,833.00 13,545.00 132,28800 9.290% Fetleral Stimulus O.W 0.00 0.00 0.(=% Interest 000 000 0.W 0.000% TOTAL FEDERAL ASSISTANCE 145,833.00 13,545,00 132,288.00 9.290% JAG GRANT Grant Revenue 16,152.W 8.163.40 7,988.W 50.540% Interest 0.00 0.00 0.W 0.(=% TOTALJAG GRANT 16,152.00 81163,40 7, 988.60 50.540% SLESF(COPS) REVENUE: SLESF(Caps) Funding 1W,OW.W 0.00 100,OOO.W O.WO% Interest 3W.00 15).00 150.W 50.W0% TOTAL SLESF(COPS) 100,3W.00 15).00 1W,150.W 0.150% INDIAN GAMING Grant revenue 105,844.00 89,107.99 16,736.01 84.190% Interest 0.00 0.00 0.00 0000% TOTAL INDIAN GAMING 105,844.W 89,10799 16,736.01 84.190% LIGHTING 6 LANDSCAPING REVENUE: Assessment 979,114.W 511,222.19 467,891.81 52.210% Developer 000 O. W 0.00 0.OW % Interest 000 0.W 0.W 0OW% TOTAL LIGHTING B LANDSCAPING 979.11400 511 222.19 467, 891.81 52.210% RCTC RCTC Funding 0.00 0,00 0.00 O.OW% Transfer in 000 0,00 O.W O.OW% TOTAL RCTC 000 000 0,00 --7FU5JT- DEVELOPMENT AGREEMENT FUND Mitigation Measures 0,00 0.00 0,00 0.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0,00 0,00 000 O.OW% TOTAL DEV AGREEMENT 0.00 0.00 000 0,000% ,.10 045 r 9TIOV2011-OW3112012 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CRIME VIOLENT TASK FORCE Member Contribution- Carryover 0.00 189.279.27 (189,279.27) 0000% Grant revenue-JABG 0,00 0.00 0.DO 0.000% CLET Line 0,00 1,678.92 (1,678.92) 0.000% Asset Forfeiture -State AOludioated 0.00 0.00 0.00 0.00D56 Interest 0.00 70.01 (70.01) 0.000% TOTAL CRIME VIOLENT TASK FORCE 0.00 191,028.20 (191,028.20) 0.000% ASSET FORFEITURE' Interest 0,00 6.23 (6.23) 0.000% State Adjudicated 8, 533.00 8,996.13 (463.13) 105.430% Federal Adjudicated 0.00 000 0,00 0.000% TOTAL ASSET FORFEITURE AS 939 REVENUE: AS 939 Fees 030 000 0.00 0.000% Interest 4,300.00 590.50 3,709.50 13730% Transfer In 0.00 0.00 0.00 0.000% TOTAL AS 908 _ _ QUIMBY REVENUE: Quimby Fees 30,00000 030 30.000,00 0800% Donations 0.00 0.00 0.00 0.000% Interest 20,000.00 7,191,09 12,808.91 35.%0% TOTAL QUIMBY 500000o ], 991.09 42,808.91 14.380% INFRASTRUCTURE REVENUE: Utility refund 0.00 000 0.00 0000% Interest 30D.00 40137 (101.37) 133.790% Trensferin 0,00 D.00 000 0.000% TOTAL INFRASTRUCTURE 300.00 4013] (101.3]) 133.790% PROPOSITION 1B - SB1286 Prop lB Grant 352,382.00 41,815.12 310,566.88 11870% Interest 0.00 968.87 (968.87) 0.000% TOTAL PROPOSITION 1 B 352382 M 42 18593 3P3 g ---f2-TNW SOUTH COAST AIR QUALITY REVENUE: S. C.A.O. Contribution 40000.00 21 474.28 18,525.72 53. 590% MSRC Funding 25,368.00 25,368.00 0.00 10000D% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest - 200.00 4284 157.96 21,020% TOTAL SCAQ 65,568,00 46,864.32 18,683.68 71500% CMAO/ISTEA State Grants 416,02630 272,502,88 143,523.12 65500% Interest 0.00 O.00 000 0.(=% Transfer in 0,00 0D0 0.00 0.000% TOTAL TRANSPORTATION 416,026.00 272,502,88 143,523.12 65.500% TRANSPORTATION Developer fees 353,410.OD 317.573.15 35,836.85 89860% Interest 180000 2,96372 (1, 163,72) 164.650% Donations 80,000.00 so ow 00 0.00 100. D00% Transfer in 0.00 0.OD 030 0.000% TOTAL TRANSPORTATION 435,210.00 400,536.87 3d,673.14 92,030% PARKS 8 RECREATION Deyeloperfees 167,556.00 171, 124.00 (3,568.00) 102.130% Interest 000 000 0,00 0.000% Transferin 0.00 0,00 000 0.000% TOTAL PARKS 8 RECREATION 167,556.00 171, 124.00 (3,%8.00) 102.130% R C46 0710112011 - 03/3112012 CITY OF LA DUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CIVIC CENTER Developerfees 69,482.00 68,559.62 922.38 98,670% Interest 000 0.00 0.00 0,000% Transfer in 0.00 000 0.00 0.000% TOTAL CIVIC CENTER 69,482.00 68,56962 922.38 98570% LIBRARY DEVELOPMENT Developer fees 65,573.00 67,993.00 (1,42000) 102.130% Interest 0.00 0.00 000 0.000% Transferin 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 66,573.00 67,99300 (1,420.00) 102.130% COMMUNITY CENTER Developer fees 13,958.00 14,254.00 (296,00) 102.120% Interest 5,90000 1,235,59 4,664.41 20.940% TOTAL COMMUNITY CENTER 19,858.00 15,489.59 41368.41 78.000% STREET FACILITY - Developerfees 13, 508.00 11, 820.23 168777 87.510% Interest 0.00 0,00 0 w 0.000% Transferin 2200.00 1114.91 (1914,91) 187.04094, TOTAL STREET FACILITY 15,708.00 15, 935.14 1227.141 10145D% PARK FACILITY Developer fees 4,0MC0 4,114,00 (88.00) 102,190% Interest 0.00 0,60 (0,60) 0000% TOTAL PARK FACILITY 4,02600 4,114.60 (88.60) 102.200% FIRE PROTECTION FACILITY Developer fees 15731.00 13,553,76 2,177.24 86,160% Interest 0.00 0.00 0.00 0.W % TOTAL FIRE PROTECTION FACILITY 15,731.00 13,55376 2,177.24 86.160% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 49,356.85 48.143.15 50.620% Arts in Public Places Credits Applied 0.00 000 0.00 0.000% Insurance Recoveries 0.00 0.00 000 0.000% Donations 0.00 0.00 0.00 0 000% Interest 2, 300.00 86430 143570 37.580% TOTAL ARTS IN PUBLIC PLACES 99,800.00 50,221.15 49,578,85 50,320% INTEREST ALLOCATION FUND: - Pooled Cash Allocated Interest 0.00 (D.00) 0.00 0.000% Transfer In 0.00 000 0.0D 0.000% TOTAL INTEREST ALLOCATION 000 (0,00) 0.00 0.000% G47 8 07101/2011- 03/31/2012 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG 2,074,622.00 28,168.10 2,646,453. 90 1.050% CVWD 0.00 0.00 0,00 0,000% County of Riverside 000 0.00 0.00 O. WO% Surface Transportation Funding 20,292,59400 1.903,580.48 18, 389,013.52 9.380% City of Indio 0.00 0.W 0.00 0000% DSu6D 0.00 0W 0.W 0. % uD 0.00 0.00 O.W 0.000% RCTC 0.00 000 000 0,000% Vista Dunes Housing LLP 000 0,00 0.00 0,000% SB821-Bigcle Path Grant 0.00 0,00 0,00 0,000% State of California 0,00 coo 0.00 0.000% APP Contribution 0.00 0.00 0.00 0.000% Developer Agreement Funding 509, 704.00 101702.00 408,002.00 19,950% Litigation Settlements _ 0.00 O.OD 000 0.0W % Transfers in From Other Fund. 87,589,144.W 8,216,67573 79372468.27 93W% TOTAL CIP REVENUE 111, 066,064.00 10, 250,126. 31 100,815937,69 39760% EQUIPMENT REPLACEMENT FUND: Equipment Charges 589,338.00 589,35306 (15.(X6) 100.000% Capital Contribution 000 0.00 0.00 0000% Sale of Fixed Asset 0.00 0.00 0.00 0,000% Insurance Recovehes 0.00 2,553.62 (2,553.02) 0.000% Interest 6,100.W 2,893.85 3,2W.15 47.440% Transfers In 25.WSW 25,W8.W 0,00 100000% TOTAL EQUIPMENT REPLACEMENT 620806.00 620,168,53 637.47 99,900% INFORMATION TECHNOLOGY FUND: Charges for services 485, 522.00 485,521.65 0.35 100.000% Capital Contdbu0on 0,00 000 0.00 0.000% Sale of Fixed Asset 000 0.00 000 0.000% Interest 3,800,00 1,638.88 2,161.12 411130% Transfers In O.W 000 0.W 0.000% TOTAL INFORMATION TECHNOLOGY 4891322,00 487,160,53 2,16147 99.560% PARK EQUIPMENT & FACILITY Charges for services 0.00 0.00 0.00 0.000% Interest 2,700.W 613.83 2,086.17 22,730% Capital ConMbutions O.W ODO 0.00 0. WD% TOTAL PARK EQUIPMENT 6 FAC 2.700.00 613.83 2.086,17 22 730% SILVERROCK GOLF Green fees 3, 386, 9W.00 2, 389,84465 997,051.35 70.560% Range fees 155,850.00 80, 354.00 75,496.00 51.560% Resident Card 40, OW.00 91,68472 (516U72) 229.210% Merchandise 321,663.00 197.863.54 123,799.46 61,510% Food & Beverage 12,000.W 000 12,W0.00 0.000% Allocated Interest Income 0,00 0DO 000 0.000% Transfers In 0.00 O.W 0.00 O.WO% TOTAL SILVERROCK GOLF 3,915419.00 2.759,746. 91 1,1W,672.09 70,470% SILVERROCK GOLF RESERVE Interest 1,800,00 490.20 1309.80 27,230% Transfers In 66,540.01) O.W %540.00 0.000% TOTAL SILVERROCK GOLF 6O340.W 490,20 67,849S0 0720% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2, 0.00 2000.00 0,00 IW.WO% Interest 100.00 31,99 6801 31.9W% TOTAL LQ PUBLIC SAFETY 2,1W.00 2,031,99 68,01 96.760% SUPPLEMENTAL PENSION SAVINGS PLAN Contributions 20O054.W 200,054.W O.W 100.OW% Interest 900.00 480.40 419.60 53.380% TOTAL SUPPLE PENSION SAVINGS PLAN 200,954.00 200, 534.40 419,60 99.790% •'s 048 CITY OF LA OUINTA OTHER CRY FUNDS ADJUSTED OOI91112 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDRURES ENCUMBERED BUDGET PERCENTAGE LIBRARY FUND INTERESTADVANCE 0.00 0.00 0.00 ODO am% CAPITAL PURCHASES 0,00 0.00 0.00 000 am% REIMBURSE GENERAL FUND 1]76,094.00 1,908.900.42 000 (13280642) 107.48% TRANSFER OUT 0.00 0.00 000 000% TOTAL LIBRARY FUND GAS TAX CONTRACT SERVICES 0.00 000 000 0.00 0,00% REIMBURSE GENERAL FUND 1,367,373.00 746.172.00 000 621.201.00 54.57% TRANSFER OUT 0.00 000 0.00 0.00 0.00% TOTAL GAS TAX FUND FEDERALASSISTANCE FUND: TRANSFER OUT 145,833.00 0.00 145.033.00 0.00% TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OUT TOTAL JAG GRANT 16,15200 8,16340 0.00 7,988,60 5054% SLESFICOPS) TRANSFER OUT TOTAL SLESF(COPS) FUND 145,02900 ]1,452.93 000 73,576.W 49.2]% INDIAN GAMING FUND TRANSFER OUT 10584400 89,107.99 000 16736.01 34.19% TOTAL INDIAN GAMING FUND LIGHTING S LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 1,002.996.00 75224700 0,00 250,74900 7500% TRANSFER OUT 0.00 0.00 0.00 000 0.00% TOTAL LTGMNDSCAPING FUND- ,__ RCTC TRANSFER OUT 0,00 000 000 0,00 0,00% TOTAL RCTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 0.00 0.00 000 0.00% REIMBURSE GENERAL FUND 000 000 0.00 000 0.00% TRANSFER OUT 0,00 0.00 000 000 000% TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 28,987.00 8S7168 0.00 20,115,32 30.61% TRANSFER OUT 000 0,00 0.00 0,00 am% TOTAL CRIME VIOLENT TASK FORCE AB 939 OPERATING EXPENSES 54725.00 14,916.28 2,00000 37,80672 27,26% REIMBURSE GENERAL FUND 71,580.00 5368500 0.00 17,895.00 75.00% TRANSFER OUT 268,146.00 64 662 59 0.00 20348341 24,11% TOTAL AS 939 DUIMBY FUND: CONTRACT SERVICES 200,000.00 "0.00 0.00 200.000.00 0.00% REIMBURSE DEVELOPER FEES 000 0.00 000 0.00 0.00% TRANSFER OUT 8,269,54300 145,095.30 0.00 8,124."770 1_75% TOTAL pUIMBY INFRASTRUCTURE FUND CONSTRUCTION 000 000 0.00 0,00 0.00 % REIMBURSE GENERAL FUND 0,00 0.00 0.00 000 DDO% TRANSFER OUT 393,074.00 140, 775.13 0.00 252,298.87 35,81% TOTAL INFRASTRUCTURE ,.M 049 10 CITY OF LA OUINTA OTHER CITY FUNDS ADJUSTED 1131/2012 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE PROPOSITION IS - SO 1286 TRANSFER OUT TOTAL PROPOSITION I B FUND 352.382.W 54,677.52 0,00 297704.48 15.52% SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 16,200.00 11,905.80 0,00 4294.20 73,49% TRANSFER OUT 2536800 25,388.00 0.00 O.W IW.W% TOTAL SOUTH COAST AIR QUALITY CMAO PROJECT EXPENDITURES 000 0.00 000 0.00 0.00% TRANSFER OUT 4161026.01 2T2502.21 0.00 14352372 65.50% TOTAL CMAQcoo TRANSPORTATION PROGRAM COSTS 000 0.00 0.00 O.W 0,00% INTEREST ON ADVANCE 76,60200 72,523.15 0.00 4278.85 94.43% CONTRIBUTION 0.00 0.00 0.00 O.W 0.00% TRANSFER OUT 4,078,61200 1,527384.47 0.00 2.551,227.53 3145% TOTAL TRANSPORTATION PARKS S RECREATION INTEREST ON ADVANCE T, 10000 529862 000 180138 7483% TRANSFER OUT 000 0.00 0.00 0.00 0.00% TOTAL PARKS S RECREATION CIVIC CENTER SERVICES 0.00 2732.19 0.00 (2,732,19) O.W% INTEREST ON ADVANCE 3500000 2751872 000 7,48128 7862% REIMBURSE GENERAL FUND 202,056W 151,542.00 0.00 50,514W TS.W% TRANSFER OUT OW 000 0.00 O.W O.W% TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0 W 000 0.00 0.00 O W% INTEREST ON ADVANCE 9800W T,50677 0.00 2293.23 T660% TRANSFER OUT 0W 000 0.00 000 O.W % TOTAL LIBRARY DEVELOPMENT COMMUNITYCENTER PROGRAM COSTS 0.00 000 0.00 - O.W O.W% TRANSFER OUT OW 0.00 0.00 O.W O.W% TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS 0.00 0.00 000 0.00 000% INTEREST ON ADVANCE - 10,OW.00 7,882.38 0.00 2,117,62 78.82% TRANSFER OUT 000 0.00 0.00 0.0 0,00% TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 O.W 0.00% TRANSFER OUT 220000 4114.91 0.00 (1914.91) 18T04% TOTAL PARK FACILITY 2,2W-00 411491 000 �91491) 187,U% FIRE PROTECTION INTEREST ON ADVANCE 4,7W.00 3,60775 000 1,09225 7676% TRANSFER OUT 0.00 0.00 0.00 0.00 000% TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 20O00.W 1352676 000 6,473.24 67.63% OPERATING EXPENSES-APP 4700,00 84405 0,00 3,855.95 17.96% ART PURCHASES 111,5W.00 25,56920 000 85,930.80 22.93% TRANSFER OUT 400,OW.W 0.00 O.W 400,00000 0.00% TOTAL ART IN PUBLIC PLACES a 050 11 CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED IV3112011 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 110266704.00 11,260.20563 1,475,40000 97,531,098. 37 10.21% PROJECT REIMBURSEMENTS TO GEN FUND 799,360.00 14d,780.80 000 654,529.20 18.11% TRANSFER OUT 000 000 0.00 0.00 0.00% TOTAL CAPITAL IMPROVEMENT _ EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 415.386.00 148,087 64 000 289,298.36 35.17% DEPRECIATION EXPENSES 173,953.00 000 000 173,953,00 0.00% CAPITAL PURCHASES 15,000.00 0.00 0.00 15,000.00 000% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL EQUIPMENT REPLACEMENT FUND- INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 351,253.00 214,265,67 0,00 13S967.33 61,01% DEPRECIATION EXPENSES 84,101.00 0.00 0.00 84, 10100 000% CAPITAL PURCHASES 83,000.00 38695.82 0.00 137118 121% TOTAL INFORMATION TECHNOLOGY 67!3 PARK MAINTENANCE FACILITY OPERATING EXPENSES 50,000.00 40,579.08 0.00 9.420.12 81.16% DEPRECIATION EXPENSES 432,23000 0.00 0.00 43$234.00 0.00% CAPITAL PURCHASES 0.00 0.00 0,00 0.00 0.00% TRANSFER OUT 0.00 0.00 0.00 000 0.00% TOTAL PARK MAINTENANCE FAC 00 0,00 SILVERROCK GOLF OPERATING EXPENSES 3,786,56800 2,637173.31 0.00 1,129,394.69 70,02% TRANSFER OUT 6654000 000 0.00 66, 54000 0.00% TOTAL SILVERROCK GOLF 68.80% SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 0,00 000 0.00 0.00% TOTAL SILVERROCK GOLF RESERVE 0,00 000 0,00 000 000% LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TAL LA QUINTA PUBLIC SAFETY 2,000 DO 0.00 0.00 2000.00 0.00% SUPPLEMENTAL PENSION SAVINGS PLAIN CONTRACT SERVICE ENTAL PENSION SAVINGS PLAN 12,83300 12,83286 000 0.14 100.00% u 051 12 Tar 4 4 QKW(V CITY SA / HA / FA MEETING DATE: May 15, 2012 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Amended Tract Map No. 31732, Palizada, KB Home Coastal, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 1' STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Amended Subdivision Improvement Agreement (SIA) to May 15, 2013 for Amended Tract Map No. 31732, Palizada, KB Home Coastal, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Palizada (Amended Tract Map No. 31732) is located south of Avenue 60, north of Avenue 61, east of Monroe Street, and west of Harrison Street (Attachment 1)• On April 7, 2006, the City and KB Home Coastal, Inc. entered into a SIA for Tract map No. 31732. On July 5, 2007, the City and KB Home Coastal, Inc. entered into an Amended SIA for Amended Tract Map No. 31732. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or 4 G52 affected by the improvements. On April 17, 2007, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements to April 7, 2008. On April 15, 2008, the City Council adopted a resolution granting a second time extension for the completion of the on -site improvements to April 7, 2010. On February 1, 2011, the City Council adopted a resolution granting a third time extension for the completion of the on -site improvements to April 7, 2012. In a letter dated March 28, 2012 (Attachment 2), the developer states a re -subdivision of this map (Tentative Tract Map 36305) has been proposed as a result of the current housing market conditions and to provide an alternative site layout geared towards an active adult lifestyle. Construction of the currently entitled improvements has not yet commenced. The developer requests a time extension to complete the entitlement process for the new map, prepare a new SIA, and submit new bonds for the re - subdivision of this map. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the Amended SIA to May 15, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Amended SIA to May 15, 2013 for Amended Tract Map No. 31732, Palizada, KB Home Coastal, Inc.; or 2. Do not adopt a Resolution of the City,Council to extend the time for completion of the on -site improvements time as specified in the approved Amended SIA to May 15, 2013 for Amended Tract Map No. 31732, Palizada, KB Home Coastal, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, othy R' ijz nas o , P.E. Public Works Dire or/City Engineer '." 053 Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Letter from KB Home Coastal, Inc. dated March 28, 2012 '. a 054 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED AMENDED SUBDIVISION IMPROVEMENT AGREEMENT TO MAY 15, 2013 FOR AMENDED TRACT MAP NO. 31732, PALIZADA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31732, Palizada, on April 7, 2006; and WHEREAS, the City Council approved the Amended Subdivision Improvement Agreement (SIA) for Amended Tract Map No. 31732, Palizada, on July 5, 2007; and WHEREAS, Section 6. Completion of Improvements, of the approved Amended SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the original Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by April 7, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved Amended SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved Amended SIA is extended to May 15, 2013. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on May 15, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. " 055 Resolution No. 2012- Amended Tact Map No. 31732, Palizada Adopted: May 15, 2012 Page 2 Section 3. The provided security amount as required in the approved Amended SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15" day of May 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California M 056 ATTACHMENT 1 TM 31732 PALIZADA 10 PROJECT OIIE AMENDED TMCT 3932)�#k AVENUE 60 61 F_x&II A� Ya V I C I N I r NOT TO SCALE -.« 057 ATTACHMENT 2 City of La Quints Public Works/Engineering Dept. 79495 Calle Tampico La Quinta, CA 92247 Attn: Timothy R. Jonassen, P.E., Public Works Director/City Engineer March 28, 2012 RE: Amended Tract 31732 & 31733, Palizada Project at Ave 60 & Monroe Dear Mr. Jonassen: As you may already be aware, as a result of current housing market conditions and to provide an alternative site layout geared towards an active adult lifestyle, KB Home Coastal Inc. has proposed to the City of La Quinta a re -subdivision of the two existing recorded tract maps, Amended Tract Maps 31732 and 31733, into one overall map, Tentative Tract Map 36305. The new proposed subdivision Site Development Permit Plan and Tentative Tract Map have been submitted to the City of La Quinta Planning Department for pre -application review, which comments have been received back from the Planning Department and are currently being addressed internally. ......,.Itis.proposed that once themew.subdivision improvement agreements and related bonds can be prepared and submitted to the City, based on the Tentative Tract Map 36305, these will replace those related to the original Amended Tracts 31732 and 31733 agreements and bonds. For the above stated reasons we ask that the Subdivision Improvement Agreements for the Amended Tracts 31732 and 31733 be extended for an additional two years until April, 2014, If you have any questions or concerns please call me direct at 951-691-5235. Si el y yours,e ke Freman, VP Land and Forward Planning KB HOME Coastal Inc. KB HOME SOUTHERN CALIFORNIA/COASTAL INC M 058 Riverside • San Diego • Inland Valley * Orange County • Desert 30310 Inland Valley Drive; Wildomar, CA M95 PH (951) 591-5300 Tw�p 4 4 a" MISA / HA / FA MEETING DATE: May 15, 2012 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Amended Tract Map No. 31732, Palizada, KB Home Coastal, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Amended Subdivision Improvement Agreement (SIA) to May 15, 2013 for Amended Tract Map No. 31732, Palizada, KB Home Coastal, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Palizada (Amended Tract Map No. 31732) is located south of Avenue 60, north of Avenue 61, east of Monroe Street, and west of Harrison Street (Attachment 1). On April 7, 2006, the City and KB Home Coastal, Inc. entered into a SIA for Tract map No. 31732. On July 5, 2007, the City and KB Home Coastal, Inc. entered into an Amended SIA for Amended Tract Map No. 31732. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or p59 affected by the improvements. On April 17, 2007, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements to April 7, 2008. On April 15, 2008, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements to April 7, 2010. On February 1, 2011, the City Council adopted a resolution granting a third time extension for the completion of the off -site improvements to April 7, 2012. In a letter dated March 28, 2012 (Attachment 2), the developer states a re -subdivision of this map (Tentative Tract Map 36305) has been proposed as a result of the current housing market conditions and to provide an alternative site layout geared towards an active adult lifestyle. Construction of the currently entitled improvements has not yet commenced. The developer requests a time extension to complete the entitlement process for the new map, prepare a new SIA, and submit new bonds for the re - subdivision of this map. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the Amended SIA to May 15, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Amended SIA to May 15, 2013 for Amended Tract Map No. 31732, Palizada, KB Home Coastal, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Amended SIA to May 15, 2013 for Amended Tract Map No. 31732, Palizada, KB Home Coastal, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, R imothy R. on s on, P.E. Public Works Di ector/City Engineer •.. Q60 Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1 Vicinity Map 2. Letter from KB Home Coastal, Inc. dated March 28, 2012 p 061 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA OUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED AMENDED SUBDIVISION IMPROVEMENT AGREEMENT TO MAY 15, 2013 FOR AMENDED TRACT MAP NO. 31732, PALIZADA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31732, Palizada, on April 7, 2006; and WHEREAS, the City Council approved the Amended Subdivision Improvement Agreement (SIA) for Amended Tract Map No. 31732, Palizada, on July 5, 2007; and WHEREAS, Section 6. Completion of Improvements, of the approved Amended SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the original Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by April 7, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved Amended SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements .as required by the approved Amended SIA is extended to May 15, 2013. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on May 15, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. •.M 062 Resolution No. 2012- Amended Tract Map No. 31732, Palizada Adopted: May 15, 2012 Page 2 Section 3. The provided security amount as required in the approved Amended SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of May 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California '.4 063 ATTACHMENT 1 TM 31732 PALIZADA PROJECT AMENDED TRH 10 3932'7% AVENUE 60 NOT TO SCALE AVENUE 62 MAP N 064 ATTACHMENT 2 City of La Quinta Public Works/Engineering Dept. 79-495 Calle Tampico La Quints, CA 92247 Attn: Timothy R. Jonassen, P.E., Public Works Director/City Engineer March 28, 2012 RE: Amended Tract 31732 & 31733, Palizada Project at Ave 60 & Monroe Dear Mr. Jonassen: As you may already be aware, as a result of current housing market conditions and to provide an alternative site layout geared towards an active adult lifestyle, KB Home Coastal Inc. has proposed to the City of La Quinta a re -subdivision of the two existing recorded tract maps, Amended Tract Maps 31732 and 31733, into one overall map, Tentative Tract Map 36305. The new proposed subdivision Site Development Permit Plan and Tentative Tract Map have been submitted to the City of La Quinta Planning Department for pre -application review, which comments have been received back from the Planning Department and are currently being addressed internally. -... It,is_proposed that once themcw.subdivision improvement agreements and relatedbonds can be prepared and submitted to the City, based on the Tentative Tract Map 36305, these will replace those related to the original Amended Tracts 31732 and 31733 agreements and bonds. For the above stated reasons we ask that the Subdivision Improvement Agreements for the Amended Tracts 31732 and 31733 be extended for an additional two years until April, 2014. If you have any questions or concerns please call me direct at 951-691-5235. S' ly yours, ke Freeman, VP Land and Forward Planning KB HOME Coastal Inc. KB HOME SOUTHERN CALIFORNWCOASTAL INC p C 6 5 Riverside • San Diego • Inland Valley • Orange County • Desert 36310 Inland Valley Drive; Wildomar, CA 92595 PH (951) 691-5300 CITY SA / HA / FA MEETING DATE: May 15, 2012 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Amended Tract Map No. 31733, Palizada, KB Home Coastal, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Amended Subdivision Improvement Agreement (SIA) to May 15, 2013 for Amended Tract Map No. 31733, Palizada, KB Home Coastal, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Palizada (Amended Tract Map No. 31733) is located south of Avenue 60, north of Avenue 61, east of Monroe Street, and west of Harrison Street (Attachment 1). On April 7, 2006, the City and KB Home Coastal, Inc. entered into a SIA for Tract map No. 31733. On July 5, 2007, the City and KB Home Coastal, Inc. entered into an Amended SIA for Amended Tract Map No. 31733. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or ..V 066 affected by the improvements. On April 17, 2007, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements to April 7, 2008. On April 15, 2008, the City Council adopted a resolution granting a second time extension for the completion of the on -site improvements to April 7, 2010. On February 1, 2011, the City Council adopted a resolution granting a third time extension for the completion of the on -site improvements to April 7, 2012. In a letter dated March 28, 2012 (Attachment 2), the developer states a re -subdivision of this map (Tentative Tract Map 36305) has been proposed as a result of the current housing market conditions and to provide an alternative site layout geared towards an active adult lifestyle. Construction of the currently entitled improvements has not yet commenced. The developer requests a time extension to complete the entitlement process for the new map, prepare a new SIA, and submit new bonds for the re - subdivision of this map. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the Amended SIA to May 15, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Amended SIA to May 15, 2013 for Amended Tract Map No. 31733, Palizada, KB Home Coastal, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Amended SIA to May 15, 2013 for Amended Tract Map No. 31733, Palizada, KB Home Coastal, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. o asso , E. Public Works irect /City Engineer 067 Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Letter from KB Home Coastal, Inc. dated March 28, 2012 0.68 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED AMENDED SUBDIVISION IMPROVEMENT AGREEMENT TO MAY 15, 2013 FOR AMENDED TRACT MAP NO. 31733, PALIZADA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31733, Palizada, on April 7, 2006; and WHEREAS, the City Council approved the Amended Subdivision Improvement Agreement (SIA) for Amended Tract Map No. 31733, Palizada, on July 5, 2007; and WHEREAS, Section 6. Completion of Improvements, of the approved Amended SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the original Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by April 7, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved Amended SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved Amended SIA is extended to May 15, 2013. , Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on May 15, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Resolution No. 2012- Amended Tract Map No. 31733, Palizada Adopted: May 15, 2012 Page 2 Section 3. The provided security amount as required in the approved Amended SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 5`n day of May 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California q 010 f AMENDED' TM 31733 PALIZADA INITY NOT TO SCALE ATTACHMENT 1 071 ATTACHMENT 2 City of La Quinta Public Works/Engineering Dept. 79495 Calle Tampico La Quinta, CA 92247 Attn: Timothy R. Jonassen, P.E., Public Works Director/City Engineer March 28, 2012 RE: Amended Tract 31732 & 31733, Palizada Project at Ave 60 & Monroe Dear Mr. Jonassen: As you may already be aware, as a result of current housing market conditions and to provide an alternative site layout geared towards an active adult lifestyle,.KB Home Coastal Inc. has proposed to the City of La Quinta a re -subdivision of the two existing recorded tract maps, Amended Tract Maps 31732 and 31733, into one overall map, Tentative Tract Map 36305. The new proposed subdivision Site Development Permit Plan and Tentative Tract Map have been submitted to the City of La Quinta Planning Department for pre -application review, which comments have been received back from the Planning Department and are currently being addressed internally. -.......It.is_proposed that once the.new.subdivision improvement.agreements and related bonds can be prepared and submitted to the City, based on the Tentative Tract Map 36305, these will replace those related to the original Amended Tracts 31732 and 31733 agreements and bonds. For the above stated reasons we ask that the Subdivision Improvement Agreements for the Amended Tracts 31732 and 31733 be extended for an additional two years until April, 2014. If you have any questions or concerns please call ire direct at 951-691-5235: Zke lyyours, Freeman, VP Land and Forward Planning KB HOME Coastal Inc. KB HOME SOUTHERN CALIFORNIA/COASTAL INC h 7 2 Riverside + San Diego • Inland Valley • Orange County • Desert ° U 36310 Inland Valley Drive; W ildomar, CA M96 PH (951) 691-5300 CITY SA / HA / FA MEETING DATE: May 15, 2012 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Amended Tract Map No. 31733, Palizada, KB Home Coastal, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 7 STUDY SESSION: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Amended Subdivision Improvement Agreement (SIA) to May 15, 2013 for Amended Tract Map No. 31733, Palizada, KB Home Coastal, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: 111=3 BACKGROUND AND OVERVIEW: Palizada (Amended Tract Map No. 31733) is located south of Avenue 60, north of Avenue 61, east of Monroe Street, and west of Harrison Street (Attachment 1). On April 7, 2006, the City and KB Home Coastal, Inc. entered into a SIA for Tract map No. 31733. On July 5, 2007, the City and KB Home Coastal, Inc. entered into an Amended SIA for Amended Tract Map No. 31733. Section 6 of the SIA requires: `that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare. Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. On April 17, 2007, the City. Council adopted a resolution granting a time extension for the completion of the off -site improvements to April 7, 2008. On April 15, 2008, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements to April 7, 2010. On February 1, 2011, the City Council adopted a resolution granting a third time extension for the completion of the off -site improvements to April 7, 2012. In a letter dated March 28, 2012 (Attachment 2), the developer states a re -subdivision of this map (Tentative Tract Map 36305) has been proposed as a result of the current housing market conditions and to provide an alternative site layout geared towards an active adult lifestyle. Construction of the currently entitled improvements has not yet commenced. The developer requests a time extension to complete the entitlement process for the new map, prepare a new SIA, and submit new bonds for the re - subdivision of this map. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the Amended SIA to May 15, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Amended SIA to May 15, 2013 for Amended Tract Map No. 31733, Palizada, KB Home Coastal, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Amended SIA to May 15, 2013 for Amended Tract Map No. 31733, Palizada, KB Home Coastal, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, othy on s on, P.E. Public Works D ector/City Engineer :� 074 Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Letter from KB Home Coastal, Inc. dated March 28, 2012 ^'•% 075 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED AMENDED SUBDIVISION IMPROVEMENT AGREEMENT TO MAY 15, 2013 FOR AMENDED TRACT MAP NO. 31733, PALIZADA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31733, Palizada, on April 7, 2006; and WHEREAS, the City Council approved the Amended Subdivision Improvement Agreement (SIA) for Amended Tract Map No. 31733, Palizada, on July 5, 2007; and WHEREAS, Section 6. Completion of Improvements, of the approved Amended SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the original Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by April 7, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved Amended SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved Amended SIA is extended to May 15, 2013. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on May 15, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. "A 016 Resolution No. 2012- Amended Tract Map No. 31733, Palizada Adopted: May 15, 2012 Page 2 Section 3. The provided security amount as required in the approved Amended SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15" day of May 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 TM 31733 PALIZADA VICINITY MAP NOT TO SCALE ..:a 078 ATTACHMENT 2 City of La Quinta Public Works/Engineering Dept. 79-495 Calle Tampico La Quinta, CA 92247 Attn: Timothy R. Jonassen, P.E., Public Works Director/City Engineer March 28, 2012 RE: Amended Tract 31732 & 31733, Palizada Project at Ave 60 & Monroe Dear Mr. Jonassen: As you may already be aware, as a result of current housing market conditions and to provide an alternative site layout geared towards an active adult lifestyle, KB Home Coastal Inc. has proposed to the City of La Quinta a re -subdivision of the two existing recorded tract maps, Amended Tract Maps 31732 and 31733, into one overall map, Tentative Tract Map 36305. The new proposed subdivision Site Development Permit Plan and Tentative Tract Map have been submitted to the City of La Quinta Planning Department for pre -application review, which comments have been received back from the Planning Department and are currently being addressed internally. -. ...Itas_proposed that once the new.subdivision improvement agreements and related bonds can be prepared and submitted to the City, based on the Tentative Tract Map 36305, these will replace those related to the original Amended Tracts 31732 and 31733 agreements and bonds. For the above stated reasons we ask that the Subdivision Improvement Agreements for the Amended Tracts 31732 and 31733 be extended for an additional two years until April, 2014, If you have any questions or concerns please call me direct at 951-691-5235; S' ly yours, ke Freeman, VP Land and. Forward Planning KB HOME Coastal Inc. N G79 KB HOME SOUTHERN CALIFORNIA/COASTAL INC Riverside + San Diego *.Inland Valley t Orange County • Desert 36310 Inland Valley Drive; Wildomar, CA 92595 PH (951) 691-5300 CITY SA / HA / FA MEETING DATE: May 15, 2012 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 33336, Palo Verde il, Standard Pacific Corp RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: Q_ CONSENT CALENDAR: U STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to May 15, 2013 for Tract Map No. 33336, Palo Verde II, Standard Pacific Corp FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Palo Verde (Tract Map No. 33336) is located on the north side of Avenue 58 and west of Madison Street (Attachment 1)• On February 18, 2009, the City and Standard Pacific Corp. entered into a SIA for Tract map No. 33336, Palo Verde II. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. a 080 On December 21, 2010, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements to February 18, 2012. In a letter dated April 25, 2012 (Attachment 2), the developer states that the current condition of the housing market has not improved to the threshold to begin the planned construction improvements for this neighborhood. Construction of the on -site improvements has not commenced except for the basin landscaping. The developer states construction activity has been halted until the new home market rebounds. Therefore, the developer requests a time extension for completion of the on -site improvements. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA to May 15, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to May 15, 2013 for Tract Map No. 33336, Palo Verde II, Standard Pacific Corp.; or 2. Do not adopt a. Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved SIA to May 15, 2013 for Tract Map No. 33336, Palo Verde II, Standard Pacific Corp.; or 3. Provide staff with alternative direction. Respectfully submitted, thy R J na o , P.E. Public Wor Dir or/City Engineer Approved for submission by: In I Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Letter from Standard Pacific Homes dated April 25, 2012 '." 081 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO MAY 15, 2013 FOR TRACT MAP NO. 33336, PALO VERDE II WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 33336, Palo Verde ll, on February 18, 2009; and WHEREAS, Section 6. Completion of Improvements, of the approved Amended SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the original Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by February 18, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to May 15, 2013. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on May 15, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved Amended SIA is satisfactory. No additional securities are required. .. 4 082 Resolution No. 2012- Amended Tract Map No. 33336, Palo Verde II Adopted: May 15, 2012 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15' day of May 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California -'Ai 083 TM 33336 PALO VERDE II V I C I N I r NOT TO SCALE ATTACHMENT 1 MAP '." 084 ATTACHMENT 2 STANDARD PACIFIC HOMES April 25, 2012 Timothy R. Jonasson, PE Public Works Director/City Engineer CITY OP LA QUINTA 78-450 Avenida La Fonda La Quints, CA 92253 Re: Request for Time Extension of Improvements Tract map No. 33336 — Mirage of La Quinta (a.k.a. Palo Verde) Subdivision Improvement Agreement (SIA), On -site Improvements Dear Mr. Jonasson, Pursuant to Section 8 of the Subdivision Agreement for Tract Map No. 33336, this letter is intended to serve as our application to the City Counsel for an extension of time for completion of the on -site improvements. The current condition of the housing market has: not improved to the necessary threshold to begin the planned construction improvements for this neighborhood. It should be noted that the improvements for this tract have not commenced, with the exception of the basin landscaping, as they were placed on hold do to the downturn in the housingi market. Based on the current market conditions we requested an extension of the SIA as construction activity has been halted until the new home market rebounds. Our :current anticipation is potentially two to three years before the market recovers in the area. It is my; understanding that two year' extensions are not granted for SIA's, however we would like to propose a two year extension again as these improvement do not negatively impact the existing . residents along Rosewood Court: Improvement % Complete Schedule Completion Street 0 June 2015 Storm Drain 0 June 2015 Domestic Water 0 June 2015 Sewer 0 June 2015 Dry Utilities 0 June 2015 Basin Landsca in 100 N/A Monuinentation 0 June 2015 If you have any questions, please feel free to contact me at (949) 789-1716. " 08� 26 Technology, Irvine, CA 92618 1 TEL 949.789-1600 1 FAX 949.789.1609 1 www.rtasdardpacifrchomor.iVx ceihf 4 4 a" PA MEETING DATE: Mav 15, 2012 ITEM TITLE: Approval to Ekcuse Commissioner Robert Wilkinson's Absence from the May 8, 2012, Planning Commission Meeting AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from Commissioner Robert Wilkinson to be excused from attending the May 8, 2012, Planning Commission meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "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." Staff has discussed this section with all Commissions and in response, Planning Commissioner Wilkinson notified staff, after -the -fact, that he would be unable to attend the May 8, 2012, Planning Commission meeting. He has requested the City ..V 087 Council excuse him, from that meeting Attachment 1. FINDINGS AND ALTERNATIVES: The request is being made as noted in The alternatives available to the City Council include: 1. Approve a request from Commissioner Robert Wilkinson to be excused from attending the May 8, 2012, Planning Commission meeting; or 2. Deny Commissioner Wilkinson's request; or 3. Provide staff with alternative direction. Respectfully submitted; Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Request from Commissioner Wilkinson @ ATTACHMENT 1 Carolyn Walker ------- Sent: Monday, April 30, 2012 7.42 AM To: Carolyn Walker Subject: FW: Excused Absence from May 8, 2012 Planning Commission meeting From: Robert Wilkinson I Sent: Friday, April 27, 2012 5`:48 PM To: Carolyn Walker Subject: RE: Excused Absence from May 8, 2012 Planning Commission meeting Dear City Council I would like to request permission to be absent from the next Planning Commission meeting on May e, 2012. I will be out of town on that day. Please excuse my absents. Thank You Robert Wilkinson Planning Commission ,,If 089 `ter 4 4a4 MEETING DATE: Mav 15, 2012 ITEM TITLE: Approval to Excuse Board Member Jennifer Donais from the May 9, 2012 Investment Advisory Board Meeting RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC HEARING: Approve a request from Board Member Jennifer Donais to be excused from attending the May 9, 2012 Investment Advisory Board Meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all board members and, in response, Investment Advisory Board Member Donais has requested of the City Council to be excused from the May 9, 2012 meeting. The request was made prior to the meeting, as noted in Attachment 1. .a 090 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Investment Advisory Board Jennifer Donais's request to be excused from the from the May 9, 2012 Investment Advisory Board Meeting; or 2. Deny Investment Advisory Board Member Jennifer Donais's request; or 3. Provide staff with alternative direction. Respectfully submitted, John �/ l M. Falconer, Finance Director Approved for submission by: V,j; �'Q Mark Weiss, Interim City Manager Attachment: 1. Request from Investment Board Member Donais •..M 091 2 A 1 1 AL;HMLN i t April 27, 2012 To Whom It May Concern: 1 am writing to request an excused absence from the May 9 h Investment Advisory Board due to a work commitment in ND. Thank you. Sincerely, Jennifer Donais of 092 $ Tit�t 4 4 a" MEETING DATE: Mav 15, 2012 AGENDA CATEGORY: ITEM TITLE: Approval to Excuse Board Member David BUSINESS SESSION: _ Park from the May 9, 2012 Investment Advisory Board Meeting CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a request from Board Member David Park to be excused from attending the May 9, 2012 Investment Advisory Board Meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all board members and, in response, Investment Advisory Board Member Park has requested of the City Council to be excused from the May 9, 2012 meeting. The request was made prior to the meeting, as noted in Attachment 1. " 093 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Investment Advisory Board David Park's request to be excused from the from the May 9, 2012 Investment Advisory Board Meeting; or 2. Deny Investment Advisory Board Member David Park's request; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Request from Investment Board Member Park ..A 094 ATTACHMENT 1 John Falconer From: David Park Sent: Monday, May 07, 2012 3:04 PM To: John Falconer Subject: Excused Absence from Inv. Adv. Bd. Request Dear John, I need to have an excused absence this month. I have to take Mom to UCLA medical and I won't be back in time. THX David •.w 095 5/7/2012 T-af 4 4 a" AGENDA CATEGORY: CITY SA / HA / FA MEETING DATE: May 15, 2012 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Parcel CONSENT CALENDAR: ' Z^ Map No. 33954, Phoenix Row III, LLC STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to June 12, 2013 for Parcel Map No. 33954, Phoenix Row III, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33954 consist of three parcels located north of Calle Amigo and east of Avenida Bermudas (Attachment 1) On June 12, 2008, the City and Phoenix Row III, LLC entered into a SIA for Parcel Map No. 33954. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. 096 On May 19, 2009, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements to June 12, 2010. On June 1, 2010, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements to June 12, 2011. On June 21, 2011, the City Council adopted a resolution granting a third time extension for the completion of the off -site improvements to June 12, 2012. In a letter dated April 27, 2012 (Attachment 2), the developer, Francis La Branche, Jr., requested a time extension to complete the off -site improvements due to adverse economic conditions. The off -site improvements include making water and sewer connections for the project as well as installing the section of sidewalk fronting the project on Calle Amigo. Construction of the improvements has not commenced. The developer anticipates commencing this project when the economic climate improves. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the SIA to June 12, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved SIA to June 12, 2013 for Parcel Map No. 33954, Phoenix Row III, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved SIA to June 12, 2013 for Parcel Map No. 33954, Phoenix Row III, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. J n so , E. Public Works rect /City Engineer ..4 097 Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Letter from Francis La Branche, Jr. dated April 27, 2012 -.40 098 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 12, 2013 FOR PARCEL MAP NO. 33954, PHOENIX ROW III, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 33954 on June 12, 2008; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 12, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to June 12, 2013. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 12, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. ...a 099 Resolution No. 2012- Parcel Map No. 33954, Phoenix Row III, LLC Adopted: May 15, 2012 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15`h day of May 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California a 100 PARCEL MAP NO. 33954 CALLE HIDALGO SITE ,P" AVENIDA SINALOA vIC ATTACHMENT 1 CALLE l TAMPICO W Q � Q � O AVENIDA LA FONDA w m w W Q AVENUESti CITY MAP NOT TO SCALE ATTACHMENT 2 Raceme MAY 012012 25 Bay Street PUBLIC WORKS Northfield, NH 03276 CeVwOPrnentga,yJOw April 27, 2012 Timothy Jonasson, P.E. Public Works Director, City Engineer La Quinta CA 92247-1504 Dear Mr. Jonasson, The purpose of this letter is to request an extension of a subdivision improvement agreement for off -site and on -site improvements for parcel map 33954, due to adverse economic conditions. I anticipate commencing and completing this project when the economic climate improves in the future. Sincerely yours, 4/�A�, Francis La Branche, Jr. Manager AGENDA CATEGORY: CITY SA / HA / FA MEETING DATE: May 15, 2012 BUSINESS SESSION: _ ITEM TITLE: Adoption of a Resolution to Extend the Time /3 for Completion of the On -Site Improvements for Parcel CONSENT CALENDAR: Map No. 33954, Phoenix Row III, LLC STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: , Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to June 12, 2013 for Parcel Map No. 33954, Phoenix Row III, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33954 consist of three parcels located north of Calle Amigo and east of Avenida Bermudas (Attachment 1). On June 12, 2008, the City and Phoenix Row III, LLC entered into a SIA for Parcel Map No. 33954. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. 10 103 On May 19, 2009, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements to June 12, 2010. On June 1, 2010, the City Council adopted a resolution granting a second time extension for the completion of the on -site improvements to June 12, 2011. On June 21, 2011, the City Council adopted a resolution granting a third time extension for the completion of the on -site improvements to June 12, 2012. In a letter dated April 27, 2012 (Attachment 2), the developer, Francis La Branche, Jr., requested a time extension to complete the on -site improvements due to adverse economic conditions. Construction of the improvements has not commenced. The developer anticipates commencing this project when the economic climate improves. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the SIA to June 12, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to June 12, 2013 for Parcel Map No. 33954, Phoenix Row III, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved SIA to June 12, 2013 for Parcel Map No. 33954, Phoenix Row III, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. Jdasso , E. Public Works Director/City Engineer Approved for submission by: V v` _ V. Q� Mark Weiss, Interim City Manager '.96 104 Attachments: 1 . Vicinity Map 2. Letter from Francis La Branche, Jr. dated April 27, 2012 1.4 105 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 12, 2013 FOR PARCEL MAP NO. 33954, PHOENIX ROW III, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 33954 on June 12, 2008; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 12, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to June 12, 2013. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 12, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. -» 106 Resolution No. 2012- Parcel Map No. 33954, Phoenix Row III, LLC Adopted: May 15, 2012 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15' day of May 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California " 107 ATTACHMENT 1 PARCEL MAP NO. 33954 CALLE 1 TAMPICO W Q � o o AVENIDA LA FONDA W m CALLE HIDALGO BARCELONA w SITE CALLE o AVENIDA SINALOA AMIGO AVENUE VICINITY M NOT TO SCALE 5l .,4 108 ATTACHMENT 2 Rlgcefflo MAY 012012 PUBLIC Wpgn Dewopment" Timothy Jonasson, P.E. Public Works Director, City Engineer La Quinta CA 92247-1504 Dear Mr. Jonasson, 25 Bay Street Northfield, NH 03276 April 27, 2012 The purpose of this letter is to request an extension of a subdivision improvement agreement for off -site and on -site improvements for parcel map 33954, due to adverse economic conditions. I anticipate commencing and completing this project when the economic climate improves in the future. Sincerely yours, 4f /X/A9 ,� Francis La Branche, Jr. Manager ••% 109 CF`k OF CITY SA / HA / FA MEETING DATE: May 15, 2012 AGENDA CATEGORY: ITEM TITLE: Approval of Amendment No. 1 to the BUSINESS SESSION: f L Professional Services Agreement with NAI Consulting, CONSENT CALENDAR: Inc. to provide Project Management and Contract Administrative Support Services for Fiscal Year STUDY SESSION: 201 2/201 3 PUBLIC HEARING: RECOMMENDATION: Approve Amendment No. 1 (Attachment 1) to the Professional Services Agreement (PSA) (Attachment 2) with NAI Consulting, Inc. to provide project management and contract administrative support services from July 1, 2012 through June 30, 2013 for an amount not -to -exceed $306,400, and authorize the Interim City Manager to execute the amendment. FISCAL IMPLICATIONS: Sufficient funding is available to support the approval of Amendment No. 1 to the PSA with NAI Consulting, Inc. in the amount of $306,400. The agreement budget is based on the following NAI Consulting, Inc. hours and billing rates: Contract Position Hours Hourly Rate Total Project Manager 1,800 $125 $225,000 Administrative Support 900 $50 $45,000 Professional Civil En ineer 260 $140 $36,400 Total $306,400 The total number of hours for next year remains the same as last year and the hourly rates presented have not increased from the existing PSA. The professional services associated with agreement are charged on a time and materials basis and are assigned directly to the capital improvement projects worked on during each billing cycle. .. 110 Staff anticipates that approximately $286,400 of the agreement amount will be used to pay the time and materials charged for project management and contract administration, and professional engineering support for the projects carried over from the previous fiscal year, and for the new projects added during Fiscal Year 201 1 /2012. The remaining $20,000 has been set aside for the Development Impact Fee (DIF) update, the TUMF study and/or other special projects. The costs associated with this work are typically paid for from the Public Works department's annual operating budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Since 1997 Lloyd "Nick" Nickerson, owner of NAI consulting, Inc. has provided professional support services to the Public Works Department to include project management, grant fund applications, and administration of state and federally funded projects. During the past five years, NAI Consulting's contract also included professional engineering design services on a time and material basis, as needed, to provide engineering staff with an efficient means to initiate and administer minor design projects (primarily remedial maintenance projects) that surface unexpectedly in response to concerns voiced by La Quinta residents. NAI's flexibility and comprehensive knowledge of the City's operation are of proven value to the City. Attachment 2 is a copy of the current PSA and Amendment No. 1 between the City and NAI Consulting, Inc. As in past years, the renewed contract is based on hourly fees, with an amount of $125 per hour for professional project management services, $140 per hour for a professional registered civil engineer, and $50 per hour for administrative support. The proposed hourly rates for project manager, professional registered civil engineer, and administrative support have not increased from the rates provided during the last two fiscal years. NAI Consulting, Inc. has also agreed to continue providing any reimbursable expenses at cost without markup. Reimbursable expenses include the direct cost of sub -consultant services, printing, postage and/or courier services, etc. Typical services provided by NAI Consulting, Inc. include, but are not limited to: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval; • Prepare and track project schedules; • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects; 111 • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction; • Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements; • Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time; and • Prepare staff reports for City Council consideration, as necessary. Other work objectives include the: • Preparation and/or management of the City's DIF update; and • Continued assistance with issues associated with the Coachella Valley TUMF Program. Section 3.32.050 Exceptions to the Procedures Prescribed in Sections 3.32.010 and 3.32.030 paragraph "C" states that "the City Council may authorize award and execution of service contracts with no competitive proposals where experience with the proposed service provider has demonstrated competence and satisfactory performance or in the renewal or renegotiation of existing contracts for continuing services." NAI Consulting originally went through a competitive process and has since received contract extensions based on their superior performance. Staff believes NAI provides a unique service to the City that is unlikely to be duplicated by any other local consultant engineering firms. Staff therefore recommends approval of Amendment No. 1 to the PSA with NAI Consulting, Inc. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve Amendment No. 1 to the Professional Services Agreement with NAI Consulting, Inc. to provide project management and contract administrative support services from July 1, 2012 through June 30, 2013 for an amount not - to -exceed $306,400, and authorize the Interim City Manager to execute the amendment; or 2. Do not approve Amendment No. 1 to the Professional Services Agreement with NAI Consulting, Inc. to provide project management and contract administrative support services from July 1, 2012 through June 30, 2013 for an amount not - to -exceed $306,400, and do not authorize the Interim City Manager to execute the amendment; or ..a 112 3. Provide staff with alternative direction. Respectfully submitted, \ Tmoo ubs Dn or/City Engineer Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Amendment No. 1 to Current PSA with NAI Consulting 2. Current PSA with NAI Consulting '.6 113 iATTACHMENT AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING, INC. FOR PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2012/2013 THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH NAI CONSULTING INC. FOR PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES ("Amendment No. 1 ") is made and entered into as of the 15' day of May, 2012 ("Effective Date"), by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and NAI Consulting, Inc. (Consultant"). RECITALS A. On or about April 5, 2011, the City and Consultant entered into a Professional Services Agreement (PSA) for project management and contract administrative support services. The term of this original agreement is July 1, 2011 through June 30, 2012. B. Pursuant to Section 3.4 of the original PSA, the City and Consultant may extend the term of the agreement for one (1) additional year (extended term) upon mutual agreement by both parties. C. Consultant and City now wish to amend the original PSA to extend the term for one (1) additional year, update scope of work in Exhibit A; AMENDMENT: In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: Section 2.1 of the original PSA is replaced, in its entirety, with the following: 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Three Hundred Six Thousand, Four Hundred Dollars ($306,400) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, N 114 telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." Section 3.4 — Term - both parties agree to extend the term of the agreement for one additional year, commencing on July 1, 2012 and expiring on June 30, 2013. Exhibit A - Scope of Services of the agreement is replaced, in its entirety, with the following: As directed by City Staff, the consultant's services shall include, but are not limited to the performance of the following assignments, duties and tasks: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. • Prepare and track project schedules. • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects. • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction. • Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements. • Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time. • Prepare staff reports for City Council consideration, as necessary. Other work objectives may include: • Preparation and/or management of the City's Development Impact Fee Update; and • Continued assistance with issues associated with the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program. This Scope of Services may be amended upon mutual agreement of the City and Consultant, pursuant to the terms and conditions of the foregoing Section 1.6 IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Professional Services Agreement (PSA) NAI Consulting, Inc. for contract traffic engineer services on the respective dates set forth below. u 115 CITY OF LA QUINTA a California municipal corporation Mark Weiss, Interim City Manager Date ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: NAI Consulting, Inc. -32 Name: Lloyd "Nick" Nickerson, President Date: 116 ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and NAI Consulting, Inc. ('Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 "Scope of Services. In _compliance with -all terms-and�&ortditions-oVt-his Agreement, Consultant shall provide those services related to Project Management and Contract Administrative Support Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the . standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this, Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). Last revised 2-17-11 1 W 117 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereofare set forth in Exhibit "D" (the "Special Requirements"), In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. Last revised 2-17-11 - 2 M 118 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation")_in_a total amount not to exceed Three Hundred Six Thousand, Four Hundred Dollars ($306,400) (the "Contract Bum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage-of-eomplet4on-of the-services-payment--fortirrre—dttd-mat-er+als baste upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. Any month in which Consultant wishes to . receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department, Last reviscd 2-17-11 3 - - .. � 119 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2Schedule of Performance. All services rendered pursuant to _ this Agreement shall be performed diligently and within the time period established in Exhibit "C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the -- _. ' Contract Officer - 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of, the services rendered pursuant to this Agreement shall be extended because. of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. The term of this agreement shall commence on April 20, 2011 and terminate on June 30, 2012 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Lloyd "Nick" Nickerson, Jr., President Usi revised 2-17-11 4 .,N 120 It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing. principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E., Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any. approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant,.its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any. manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. Last revised 2-17-11 1 5.0 INSURANCE 5,1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of .no less than A-:Vl: Commercial General Liability (at least as broad as ISO CG 00011 $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to,, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance Last revised 2-17-11 - 6 " 122 policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the -aggregate T-he-policy- must--"pay-on-behalf—of-Ithe-insured--and-must include -a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this. Section shall be kept in effect during the term of this Agreement and shall not be cancelable without written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of.any of the above remedies, however, is an alternative to any.other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. Last revised 2-17.11 7 .,8 123 5.3 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant; 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and ' 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. 'Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests Last revised 2-17.11 a -." 124 under this or any other agreement and to ,pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. -- ----9. - -Consultant--agrees-"to--ensure--that--subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant: agrees to .monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity. with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the . deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13, Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any Last revised 2-17-1 1 9 125 insurance requirement in no way imposes any additi does it waive any rights hereunder in this or any other obligations on City nor 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this.agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that pi herein expiring during the term of this Agreement he% with other policies providing at least the same coverag has been ordered shall be submitted prior to expiration from Consultant's insurance agent to this effect is 1 insurance and/or additional insured endorsement as rei applicable to the renewing or new coverage must be pr days of the expiration of coverages. 16. The provisions of any workers' cor limit the obligations of Consultant under this ag agrees not to use any statutory immunity defenses City, its employees, officials and agents. 17. Requirements of specific coverage fe this section are not intended as limitations on requirements nor as a waiver of any coverage norr policy. Specific reference to a given coverage clarification only as it pertains to a given issue, and is insured to be limiting or all-inclusive: Gies of insurance required been renewed or replaced Proof that such coverage A coverage binder or letter :;eptable. A certificate of ired in these specifications rided to City within five (5) tion or similar act will not % Consultant expressly such laws with respect to :ures or limits contained in coverage, limits or other ally provided by any given 3ature is for purposes of iot intended by any party or 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Consultant agrees to be responsible f used by any party involved in any way with the projec City or Consultant for the cost of additional insuran agreement. Any such provisions are to be deleted wi the intent of City to reimburse any third party for the Last revised 2-17-11 10 r ensuring that no contract reserves the right to charge e coverage required by this i reference to City. It is not ost of complying with these 1. a 1 126 requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 INDEMNIFICATION. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant, 2. Indemnification for Other Than Professional Liability.. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of, expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement .by Consultant or by any individual or entity for which Consultant is .legally liable, Last revised 2-17-11 11 " 127 including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 6.0(b). Notwithstanding Section 6.0(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and .consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation; that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Last revised 2-17-11 - 12 M 128 Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 6.0(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 7,2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation .as a result .of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive. the completion of this Contract and shall thereafter remain in full force and effect. Last revised 2-17-11 13 ' 11 129 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.7. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed . as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a Last revised 2-17-11 14 u J r� O waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be. exclusive in this Agreement, the rights and . remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party May take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section8.3. 8.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over work and prosecute the, same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder, exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. Lest revised 2-17-11 15 131 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: NAI Consulting, Inc. Attention: Lloyd Nickerson, Jr. President 68-955 Adelina Road Cathedral City, CA 92234 Lag revised2-17-I1 _ 16 w, 132 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. (The remainder of this page intentionally left blank.) Lim revised 2-17-11 17 •..M 133 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager D to ATTEST ntecino, CMC, City APPROVED AS TO FORM: /PK—a- A60nens City Attorney CONSULTANT- NAI Consulting, Inc. By: ! 1 Name: Lloyd Nickerson, Jr. Title: President Date: April 6, 2011 Last revised2-17-I1 is " 134 Exhibit A Scope of Services As directed by City Staff, the consultant's services shall include, but are not.limited to the performance of the following assignments, duties and tasks: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. • Prepare and track project schedules. • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects. • Assist with bidding procedures, prepare bid summary comparisons in a table format; and make recommendations for City Council consideration to award Public Works contracts for construction. • Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements. • Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time. • Prepare staff reports for City Council consideration, as necessary. Other work objectives may include: • Preparation of the City's annual 5-year Capital Improvement Program; • Preparation and/or management of the City's Development Impact Fee Update; and • Continued assistance with issues associated with the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program. ." 135 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Three Hundred Six Thousand Four Hundred Dollars ($306,400.00) except as specified in Section 1.6 - Additional Services of the Agreement. Services will be billed on a monthly basis for time and materials expended. All man-hour costs to be billed at the following hourly rates. Project Manager/Administrator Professional Civil Engineer Design Engineer CAD Draftsman Project Technician Secretarial Support $125.00 per hour $140.00 per hour $110.00 per hour $85.00 per hour $85.00 per hour $50.00 per hour Any reimbursable expenses shall be provided at cost, without mark-up or additional overhead. " 136 Exhibit C Schedule of Performance Consultant shall complete all services within the TIME LINE ALLOWED BY THE TOTAL CONTRACT SUM. .." 137 Exhibit D Special Requirements NONE. Lost revised 2-17-1 i - 22 N 138 T4t!t 4 4 Qu&rcu CITY/SA/HA/FA MEETING DATE: May 15, 2012 ITEM TITLE: Adoption of a Resolution to Reaffirm Adoption of the Annual Assessment for CSA 152, Authorize Riverside County to Continue to Levy Assessments, and Indemnify and Hold the County Harmless for Levying Assessments on City Parcels Under CSA 152 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 15 STUDY SESSION: PUBLIC HEARING: Adopt a resolution to reaffirm adoption of the annual assessment for CSA 152 for the Fiscal Year 2012/2013, authorize Riverside County to continue to levy assessments, and indemnify and hold the County harmless for levying assessments on City parcels under County Service Area (CSA) 152 to fund the street sweeping, flood control facility/drainage, facility maintenance and operations, and the National Pollutant Discharge Elimination System (NPDES) Program. FISCAL IMPLICATIONS: The adoption of this resolution will authorize Riverside County to continue assessing CSA 152 assessments in the amount of nine dollars and ninety-nine cents ($9.99) per parcel for all parcels within the City of La Quinta. The estimated revenue for Fiscal Year 2012/2013 is approximately $253,000. In order for the County to perform the CSA 152 assessments the County requires the City to indemnify and hold the County harmless. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In December 1991, the County of Riverside initiated the use of CSA 152 to provide funding for local jurisdictions for flood control and storm drain maintenance. ..a 139 On May 17, 1994, City Council approved the original Administrative Services Agreement with the County of Riverside for CSA 152 Program. On May 20, 1997, the City of La Quinta passed Resolution No. 97-39 approving the Benefit Assessment Unit (BAU) rate for the Fiscal Year 1997/1998 CSA 152 Assessment. Resolution No. 97-39 states that the City shall agree to indemnify, defend, and hold the County and members of its Board, Officers, Employees, and Agents harmless from any and all claims, demands, and causes for the collection of assessments under CSA 152. The City of La Quinta entered into an Administrative Services Agreement for CSA 152 NPDES Program with the County of Riverside on July 12, 2011 (Attachment 1). Each year, the County of Riverside collects the $9.99 assessment per parcel under CSA 152 to fund the City's program for the NPDES Permit. The services funded by CSA 152 include: flood control and storm drain maintenance, retention basin maintenance, and street sweeping. The City utilizes revenue from CSA 152 which is collected on all parcels in the city for street sweeping and storm drain maintenance and operation in order to partially offset costs in the citywide lighting and landscape district. The County of Riverside requires a City Council resolution stating that the City's program will continue and that the parcel charge will remain unchanged for Fiscal Year 2012/2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a resolution to reaffirm adoption of the annual assessment for CSA 152 for the fiscal year 2012/2013, authorize Riverside County to continue to levy assessments, and indemnify and hold the County harmless for levying assessments on City parcels under County Service Area (CSA) 152 to fund the street sweeping, flood control facility/drainage, facility maintenance and operations, and the NPDES Program; or 2. Do not adopt a resolution to reaffirm adoption of the annual assessment for CSA 152 for the fiscal year 2012/2013, do not authorize Riverside County to continue to levy assessments, and do not indemnify and hold the County harmless for levying assessments on City parcels under County Service Area (CSA) 152 to fund the street sweeping, flood control facility/drainage, facility maintenance and operations, and the NPDES Program; or 3. Provide staff with alternative direction. -.a 140 Respectfully submitted, othy R. J n ssoi , E. Public Works uect City Engineer Approved for submission by: [�Il a� Mark Weiss, Interim City Manager Attachment: 1. CSA 152 NPDES Agreement with County of Riverside '." 141 RESOLUTION NO. 2012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR THE COUNTY SERVICE AREA 152 TO FUND THE CITY'S STREET SWEEPING PROGRAM AND OPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL SYSTEMS WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood. control and drainage systems, based on the proportionate storm water runoff from each parcel; and WHEREAS, under the federally -mandated but unfunded National Pollutant Discharge Elimination System (NPDES) Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and WHEREAS, street sweeping is a pro -active method of insuring pro -active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of Permit No. CSA-617002 with the County of Riverside and the incorporated cities therein; and WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997, authorized Riverside County to levy and establish a Benefit Assessment Unit (BAU) rate for the 1997-1998 Fiscal Year CSA 152 assessments; and WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997, agreed to indemnify and hold the County harmless for levying Assessments on the City parcels under CSA 152; and WHEREAS, the City uses revenues from CSA 152 assessments solely for the purpose. of maintaining and operating the City's flood control and drainage system to comply with the NPDES Permit and to provide street sweeping within the City of La Quinta; and '• it 142 Resolution No. 2012- CSA 152 Adopted: May 15, 2012 Page 2 WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City Council finds the foregoing recitals to be true and correct. Section 2. The City Council finds and declares that the City's CSA '152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments. Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City's CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City's CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for street sweeping, flood control, and drainage systems in the City. Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2012/2013 for CSA 152 is to be set at nine dollars and ninety-nine cents ($9.99) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since August 6, 1996. Section 5. The City Council hereby authorizes the County of Riverside to levy assessments under CSA 152 for the benefit of the City. The City agrees that it shall indemnify, defend and hold County and members of its Board, and its officers, employees and agents harmless from (1) any and all claims, demands, and causes of action of any kind or nature whatsoever and (2) any and all liability of any kind or nature whatsoever that may arise out of or be caused by, or be attributable to the imposition, collection, or allocation of any tax (special or '.It 143 Resolution No. 2012- CSA 152 Adopted: May 15, 2012 Page 3 general►, assessment fees or charges, and/or any other revenue generated through City's application of reliance on or use of County Service Area 152. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15" day of May, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, INTERIM CITY CLERK City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California •. % 144 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT J ADMINISTRATIVE SERVICES AGREEMENT FOR CSA 152 NPDES PROGRAM BETWEEN RIVERSIDE COUNTY AND CITY OF LA QUINTA This Agreement, entered into as of this ELkday of 2011 by 1 COUNTY OF RIVERSIDE, hereinafter called "COUNTY," and the CITY OF LA QUINT hereinafter called "CITY," establishes the responsibilities and obligations of each pa concerning the management and financing of COUNTY SERVICE AREA 1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES), hereinaf called "GSA 152." RECITALS WHEREAS, Congress in 1987, added Section 402(p) to the Federal Clean Wate Act (CWA) [33 U.S.C. 1342(p)]; and, WHEREAS, Section 402(p) requires certain municipalities, construction, and industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES Permit before discharging stormwater into the waters of the United States; and, WHEREAS, COUNTY and CITY have obtained or will obtain a municipal NPDE.E Permit for each of the three watersheds of the County; and, WHEREAS, COUNTY has formed GSA 152 to finance a portion of its programs and obligations associated with the municipal NPDES Permits and individual General NPDES Permits; and, WHEREAS, cooperation between COUNTY and CITY in the administration and implementation of the NPDES Permits is in the best interests of COUNTY and CITY; and, WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution No. 93-454 on December 21, 1993; and, N Pagel of5 'JUL 12 2011 ?.1'b" 115 1 WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this 2 Agreement that will benefit all parties; 3 NOW, THEREFORE, the parties hereto do mutually agree as follows: 4 1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each party shall 5 be as follows: 6 a. CITY shall assume the responsibilities and meet the requirements of CSA 7 152 Administration for CITY by: 8 i. Providing additions to previous year's tax roll (if any) to be placed 9 on the upcoming fiscal year tax roll. 10 ii. Providing agenda item approving Benefit Assessment Unit (BAU) 11 Levy and CITY CSA 152 budget for each fiscal year. 12 iii. Notify COUNTY of any changes ,to Tax Rate Area of individual 13 parcels to be placed on Tax Roll. 14 iv. Research parcels that were rejected from list of Assessor Parcel 15 Numbers (APNs) submitted to County. 16 v. Notify COUNTY of any corrections to rejected parcels to be placed 17 on Tax Roll prior to Auditor Controllers deadline for submittal of 18 APNs. 19 vi. Submit to COUNTY requests for reimbursement of actual 20 expenditures incurred under provision of approved CITY CSA 152 21 budget. 22 b. COUNTY shall assume the responsibilities and meet the requirements of 23 CSA 152 Administration for COUNTY and CITY by: 24 i. Forwarding of APNs received from CITY to Auditor Controller to be 25 placed on Tax Roll. 26 ii. Notify CITY of any rejected parcels. 27 iii. Forward CITY corrections of rejected parcels to Auditor Controller. 28 /Il Page 2 of 5 on 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N iv. Provide spreadsheet of CSA 152 assessments placed on tax roll and Fiscal Year financial summary. v. Collect assessment for CSA 152 on behalf of CITY. vi. Reimburse CITY for actual expenditures incurred under provision approved CITY GSA 152 budget. 2. FEES AND PAYMENT. COUNTY shall administer GSA 152 for the benefit of COUNTY and CITY. COUNTY shall charge six (6%) percent of new CITY CSA 152 annual revenue for Administration. 3. TERM OF AGREEMENT. The term of this Agreement shall commence on the date the last duly authorized representative of COUNTY or CITY executes it. The term of the Agreement shall be five (5) years. 4. WITHDRAWAL FROM AGREEMENT. Either Party may terminate this Agreement thirty (30) days after submitting written notice to other party. In the event termination becomes effective, termination shall constitute forfeiture by the terminating Party of its share of costs and administrative fees paid as described in Section 2 of this Agreement up to the effective date of termination. The terminating Party shall be responsible for all lawfully assessed penalties as a consequence of termination. 5. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by mutual consent of the parties to the Agreement. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representatives of the parties. 6. GOVERNING LAW. This Agreement will be governed and construed in accordance with laws of the United States and the State of California. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisi shall not in any way be affected or impaired hereby. Page 3 of 5 .,# 141 1 2 3 4 5 6 7 8' 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN IN I Ill 7. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be deemed waived and no breach excused, unless such a waiver or consent is in writing and signed by the Party so waiving or consenting. Any consent by any Party to, or waiver of, a breach by the other Party, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. 8. APPLICABILITY OF PRIOR AGREEMENTS. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter; all CSA 152 prior agreement, representations, statement, negotiations, and understandings are superseded hereby. 9. HOLD HARMLESS. Each Party shall indemnify and hold harmless the other party from liability or damages resulting from its own acts or omissions including those of its officers or employees in the performance of this Agreement. Page 4 or 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. COUNTY OF RIVERSIDE, On behalf of CSA 152 Chairman, Board of Supervisors BOB BUSTER Approved as to Form County Counsel BY AT TES I KEC4Afi1,PPEP1 :11PM Clerk By CE J CITY OF LA QUINTA l //l..!'}✓)A per A ! /. City Manager Approved as to Form City Attorney K' r ATTEST: City Clerk ...to 14 Page 5 of 5 OW CITY / SA / HA /'FA MEETING DATE: May 15, 2012 AGENDA CATEGORY: ITEM TITLE: Authorization of Overnight Travel for Five BUSINESS SESSION: Members of the City Council to Attend the 2012 League of California Cities Annual Conference to be Held CONSENT CALENDAR: September 5-7, 2012 in San Diego, California STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve authorization of overnight travel for five members of the City Council to attend the 2012 League of California Cities Annual Conference to be held September 5-7, 2012 in San Diego, California. FISCAL IMPLICATIONS: Funds for this conference attendance will be included in the Fiscal Year 2012/1013 Legislative Program's Travel, Training and Meetings Account (#101-1001-41 1.51-01). Expenditures for this conference are estimated as follows: Registration $ 475 Travel $ 150 Lodging and Parking (2 nights) $ 450 Meals $ 225 Total $1,300 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: TOTAL (for five) $6,500 The League of California Cities will be holding their annual conference entitled "Cities Guiding Healthy Government" at the San Diego Convention Center September 5-7, 2012. The conference will feature a variety of sessions and discussion forums on topics such as finance, technology, public safety, and economic growth. Mayor 150 Adolph, Mayor Pro Tem Henderson and Council Members Franklin, Evans and Osborne have expressed an interest in attending this conference. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization of overnight travel for five members of the City Council to attend the 2012 League of California Cities Annual Conference to be held September 5-7, 2012 in San Diego, California; or 2.. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Wanda Wise -Latta, Executive Assistant Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. 2012 League of California Cities Annual Conference Registration 151 Registration ATTACHMENT 1 LEAG U F CITIES Registration REGISTRATION includes; • Admi"on to education sessions daily and evening networking events • Wednesday Host City Reception and Expo; Thursday lunch with Exhibitors; Friday voting delegate lunthean ONLINE REGISTRATION (credit ard) - Register -online - You will receive an immediate conterence confirmation email and a ud link to make housing reservations. MAIL-1N REGISTRATION (pay by check) - Contact mdurmitta dtles.org to reguesl the registration form and follow the mailing Instructions. Checks should be payable to the League of California Cities and full payment Is regulrad with the registration form, M punhase orders. After Monday, August 13, please register onslte. **Same city registration rate since 2006•• full Conference Registration Fees EARLY BIRO BEFORE MAY 25 AFTER MAY 26 AND ONSME City Delegate _—_— --- _ Member City $475 f525 Nonmember City $1475 $1525 Public Official County/Slate SS5O 5600 Partner/ Exhlbitor/AII Others Company Representative 5650 $700 NetN COnbeMe Asy"UMrtNI Is ra Jrd-6N to 1~ Dou ny y t rrbeGp; AfH AreWgs IMG r;olArtsWyl"ativausressMuemiyArd- rodro CC One -Day Registration City Delegate SELECT • WED/THURS/FRIDAY Member CEy $250 Nonmember City $1250 Public Official County/State $300 Partner/Exhibitor/AII Others Company Representative $350 Refund Policy Advance registrants unable to adend will receive a refund of rate paid, minus a $75 processing Marge, only when a written request Is submitted to the League, Conference Registration, 1400 K Street, Sacramento, CA, 95814 or mdunnoadtin.org and re al before 5:0O p.m. put Monday, August 13. Absolutely, no refunds will be provided after this date. Send an alternaWsubstitute omb to avoid financial penally. Optional Registration Add-ons fnoandndsaa) City Attorney papers City Clerks Pre -Conference Workshop La Jolla Nature S Nurbrre Tour San Diego by Land 6 San Tour Spouse Registration $55 pint (Adorxe alert only) $25 flash drive Nee pdf $100 Member $250 nonmember $35 per person $45 per person $100 152 http://s4.goeshow.com/cacities/annual/2012/registration.cfm 5/8/2012 Registration nuexd &"cni.".'..__ nybearae no. is no'e&9 rb rye c arvmon 0, a>aae raplsrrmim. 7f / MC edHwa.0 to raa OY funds ro rww a $^as. Onsiee ledge pick Up You must pick up an official 2012 Annual Conference badge a[ the registrat on desk at the San Diego Cur fttlon Centi liegistradon hours: Wednesday, September S.. .............. 9:00 a.m. - 6:30 p.m. Thursday, September 6...................7:00 a.m. - 4:00 p.m. Friday, September 7........... .... ..... .... :30 a.m. - 10:00 a.m. aQuestions or special needs? Call the confewce reolstrar at (916) 658.8291 before August 31. flume I Sitemap I About the League I Condo Us It 153 http://s4.goeshow.com/eacities/annual/2012/registration.cfm 5/8/2012 Twit 4 4 Q91A& CITY SA/HA/FA MEETING DATE: May 15, 2012 ITEM TITLE: Approval of a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Joint Use of Facility and Services Agreement (Attachment 1) with the Boys and Girls Club of Coachella Valley, President Gerald R. Ford Boys and Girls Club of La Quinta, and authorize the Interim City Manager to execute the Agreement. FISCAL IMPLICATIONS: Funds have been identified in the proposed budget for Fiscal Year 2012/2013 with funding allocated in the amount of $30,000 from the City's General Fund and an amount not to exceed $30,000 from the City's annual Community Development Block Grant (CDBG) allocation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Boys and Girls Club of Coachella Valley entered into a lease agreement on February 4, 1992 with the City to construct a facility for providing a variety of children's programs, which it began offering on June 20, 1994. The City owns the underlying land and leased it to the Club for a period of 40 years. There is currently 20 years left on this lease. On December 19, 1995, the City Council approved a Joint Use of Facility and Services Agreement with the Boys and Girls Club. That Agreement has been extended annually over the years. The budget for Fiscal Year 2012/2013 contains $30,000 from the General Fund and an amount not to exceed $30,000 from the CDBG Fund. Reports are required of the Boys and Girls Club of the Coachella Valley in order to qualify for the CDBG funds and staff has incorporated those reporting requirements as a part of each subsequent year agreement. , a 154 The proposed Joint Use of Facility and Services Agreement will be effective July 1, 2012 through June 30, 2014 with for an amount not to exceed $60,000 for the license fee and up to $60,000 for the CDBG funding. The City Attorney has indicated that because the Agreement functions as essentially an implementing agreement for the lease of the facility, it may have a term of more than one year. City staff and the Boys and Girls Club believe that a two year agreement is appropriate because of the continuity in programming offered between the two agencies, and the long standing healthy relationship between the staff. The Agreement is divided into two components. The first component is for shared use of the President Gerald R. Ford Boys and Girls Club of La Quinta. The amount for this portion of the Agreement is $60,000 for 24 months. It provides the City with the ability to use the facility for programs operated Tuesday through Thursday, 7 p.m. to 10 p.m. and on Saturdays if requested in advance. The facility offers a game room, gymnasium, multipurpose room with kitchen, computer room, and craft room. The second component of the Agreement is for services provided by the President Gerald R. Ford Boys and Girls Club of La Quinta to the residents of La Quinta to provide social recreation programs to children, ages 7 to 17. The social recreation program schedule is Monday through Friday 2 p.m. to 7:30 p.m. during the school year, and 7:30 a.m. to 5:30 p.m. during the summer months. Activities include table games, board games, clinics, tournaments, parties, and other programs designed for youth. These activities are funded in part by CDBG. City staff coordinated with the Riverside County Economic Development Agency to gain permission for a multi -year Agreement using CDBG funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, President Gerald R. Ford Boys and Girls Club of La Quinta, and authorize the Interim City Manager to execute the Agreement; or 2. Do not approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, President Gerald R. Ford Boys and Girls Club of La Quinta, and do not authorize the Interim City Manager to execute the Agreement; or 3. Provide staff with alternative direction. Respectfully, submitted, Edie Hylton " ., 4 15 s Community Services Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Agreement 156 ATTACHMENT 1 JOINT USE OF FACILITY AND SERVICES AGREEMENT This Joint Use of Facility and Services Agreement (the "Agreement") is hereby entered into by and between the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, PRESIDENT GERALD R. FORD BOYS AND GIRLS CLUB OF LA QUINTA, a nonprofit organization (the "Club"), and the CITY OF LA QUINTA, a California municipal corporation (the "City"), as of this day of 2012. RECITALS WHEREAS, the City is the owner of certain real property located in the City of La Quinta consisting of approximately acres and more commonly known as the Gerald R. Ford Boys and Girls Club of La Quinta ("Facility"); and WHEREAS, the City entered into a 40-year lease with the Club for the purpose of allowing the Club to build and utilize the Facility; and WHEREAS, the City desires to use the Facility, and the Club desires to grant license to the City, to enter upon, occupy, use and operate, according to the terms, condition and covenants herein contained, the Facility (with the exception of and subject to the terms contained in the "Reserved Areas" identified in Section 1.3 below), for recreation purposes; and WHEREAS, as a condition of the Agreement, the Club has agreed to allow the City to utilize, subject to the restrictions and conditions set forth herein, the Facility; and WHEREAS, this Agreement sets forth the terms and conditions for the City's use of the Facility, as well as the rights and obligations of the parties hereto with respect to the shared use, operations, maintenance, and funding requirements associated with this Agreement. AGREEMENT NOW THEREFORE, in consideration of the recitals set forth above, the covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Club and the City agree as follows: 1.0 SHARED USE OF FACILITY 1.1 Club Grant of Use. Except for those office areas identified as reserved in Section 1.3 below, the Club hereby grants to the City for a term beginning July 1, 2012 to June 30, 2014, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for City use in Section 1.2 below. of 157 1.2 Schedule for Facility Use. 1.2.1 Basic Schedule for City Use ("City Time"). Tuesday through Thursday 7 p.m. - 10 p.m. (Year Round) Saturdays Up to 6 per Calendar Year with Boys & Girls Club Staff Approval 1.2.2 City Grant of Use. The City hereby grants to the Club for a term beginning July 1, 2012 to June 30, 2014, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, supervised access to the Fitness Classroom adjacent to the Facility upon approval of City staff. 1.2.3 Quarterly Schedule Review. The Club and the City shall meet and confer at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree is reasonable. The City shall implement a program plan within 60 days from the date of this Agreement, and maintain said plan in accordance with its terms. 1.2.4 Permitting Other Group Use. During such periods of City time that the City does not have a proposed group use of the facility, the City may permit public benefit groups ("Permittees") to utilize such periods of City time. If it does so, the City will take the necessary steps to require the Permittees to meet the insurance and all other requirements of this agreement. 1.2.5 Duty to Supervise. During all such times as all or part of the Facility is permitted by the City to be used by one or more Permittees, the City shall provide competent,, on -site supervision of said Permittees by an appropriate contingent of responsible adults, and such appropriate security therefore necessary to prevent property damage or intentional personal injury. 1.2.6 Liability for Damage. Property and Personal Injury. City shall be liable for all property damage and personal injury that occurs solely as a result of actions by City or City's guests or attendees, and shall hold the Club harmless from any and all such liability. 1.2.7 Specific Violations of Facility Use. Without limitation as to other possible violations of the Facility use, the City shall specifically not permit the following uses: 1.2.7.1 Political Activities. City shall abide by Club's facility use policies and shall not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote, except with the advance written permission of the Club, as a forum for open public debate by candidates on the condition that no member of the public shall be excluded therefrom. 1.2.7.2 Alcohol, Drugs, or Tobacco. City shall abide by Club's facility use policies and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility. City shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or it 1.58 company that intends to provide alcoholic beverages at an event or meeting. The City shall make these facts known, in writing and through oral communications, to all staff members and participants at the Facility. 1.3 Reserved Areas. 1.3.1 Club Office Areas. Excepted from the license herein granted is the area of the Club's office. 1.3.2 Storage Areas. Excepted from the license herein granted is the area of the Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full time use of the Club during the term of this Agreement. License is granted to the City by the Club for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage room off of the gymnasium in the Facility. 1.4 'Operations. 1.4.1 Fees. City may charge attendance fees to its invitees and users. 1.4.2 Log Book. All parties shall keep, maintain and permit the inspection by all other parties of, a joint log book in a form approved by the Club and the City in which the City and the Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents. 1.4.3 Procedure Training. City shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). 1.4.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system. 1.4.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, or upon the next occupant of the Facility. The Facility shall be kept and maintained in a clean, sanitary and safe condition as established by the Club. The Club shall also be responsible for acceptable maintenance of all landscape areas, playgrounds, parking lots, and trash enclosure. 2.0 Mutual Indemnity and Release. Reciprocal Indemnity for Invitee's, Employee's or Trespasser's Personal and Property Injuries. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified Party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including attorney's fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a Permittee) of an Indemnified Party a 159 ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility primarily caused by the act or omission of the Indemnifying Party, its employees or invitees. 3.0 'Insurance. The Parties agree to provide insurance in accordance with the provisions of this Section 3. 3.1. City's Insurance Obligation. Without limiting the indemnification provisions provided herein, the City, at its sole expense, shall obtain and keep in force during the term of this Agreement and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the Facility resulting from any actions or omissions of the City or any use of the Facility by the City or its invitees in accordance with the terms of this Agreement. The policy or policies evidencing such insurance shall name the Club and its officials, officers, employees, and agents as additional insureds, shall provide that same may not be cancelled or amended without written notice to the Club, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars (51,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com. Prior to the Commencement Date of this Agreement, and upon renewal of such policies, the City shall submit to the Club certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. At the City's option, City shall be allowed to self -insure the insurance coverages as required above. 3.2 Club's Insurance Obligation. Without limiting the indemnification provisions provided herein, the Club, at its sole expense, shall obtain and keep in force during the term of this Agreement and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the Facilities resulting from any actions or omissions of the Club or any use of the Facilities by the Club or its invitees. The policy or policies evidencing such insurance shall name the City and its officials, officers, employees, and agents, as additional insureds, shall provide that same may not be cancelled or amended without written notice to the City, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be -issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com. Prior to the Commencement Date of this Agreement, and upon renewal of such policies, the Club shall submit to the City certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. At the Club's option, Club shall be allowed to self -insure the insurance coverages as required above. 4.0 Services of Club. 4.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Club shall continue to provide those services related to social recreation programs to the children of La Quinta according to the Desert Sands Unified School District Master Calendar. Regular school session Monday -Friday 2:00 p.m.-7:00 p.m. School holiday breaks Monday -Friday 7:30 a.m.-5:30 p.m. Summer break Monday -Friday 7:30 a.m.-5:30 p.m. Excluding any days off for observance of Boys and Girls Club holiday schedule. 160 The Club is required by this Agreement to be familiar with and comply with the Community Development Block Grant (CDBG) regulations and adhere to the policies contained within the City's Sub -recipient Agreements. The Club understands and agrees that no waiver or exception can be granted to the CDBG policies except with express written consent of the City Manager. The Social Recreation program is to include but is not limited to table games, board games, game technique clinics, tournaments, holiday parties, and to provide other opportunities for fun and constructive use of children's leisure time. Club warrants that all services will be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services. 5.0 Compensation. 5.1 Community Development Block Grant (CDBG). It is the understanding of the Club and the City that CDBG funds will be used to fund this portion of the contract. The maximum sum of Thirty Thousand Dollars ($30,000) per fiscal year is contingent upon the Club completing the necessary reporting documents required by the Riverside County CDBG program. 5.2 Contract Sum ("License Fee"). For the License Fee the City shall make quarterly payments of $7,500 for a total amount not to exceed Sixty Thousand Dollars ($60,000) during the term of this Agreement. For the term of this Agreement, the License Fee payments will be made to the Club according to the following schedule: Payment Amount $7,500 $7,500 $7,500 $7,500 6.0 Performance Schedule. Payment Date July 31, 2012 and July 31, 2013 October 31, 2012 and October 31, 2013 January 31, 2013 and January 31, 2014 April 30, 2013 and April 30, 2014 6.1 Time of Essence. Time is of the essence in the performance of this Agreement. 6.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Section 4.1. Extensions to the time period specified in Section 4.1 may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines. 6.3 Term. This Agreement shall become effective July 1, 2012, and shall remain in effect for a term of two (2) years, unless earlier terminated as provided hereafter. Either party may terminate this Agreement providing the other with six (6) months prior written notice of the termination date. 6.4 Default. Failure or delay by either party to perform any covenant, condition or provision of this Agreement within the time provided herein constitutes a default under this Agreement. The injured party shall give written notice of default to the party in default, clearly detailing the default to be cured. The defaulting party shall immediately commence to cure such default and shall diligently complete such cure within thirty (30) days from a 16,E the date of the notice or such longer period if the nature of the default is such that more than thirty (30) days is required to cure such default. Notwithstanding any other provision of this Agreement, the injured party shall have the right to immediately terminate this Agreement by written notice to the other party in the event of a default which is not cured within the time set forth in this section. 7.0 Records and Reports. 7.1 Reports. Club shall prepare and submit to City a monthly report of attendance concerning the services as outlined in this Agreement. In addition, a progress report, including an accounting of expenditures, shall be provided on or about December 15, 2012, June 15, 2013, December 15, 2013, and June 15, 2014. The Club shall prepare reports and intake forms as required by the Riverside County CDBG program. 7.2 Records. Club shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the City to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. City shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.3 Release of Documents. The reports, records, documents and other materials prepared by Club in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or except as required by law. Club shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 7.4 Community Development Block Grant (CDBG) Funding. The Club agrees to comply with the reporting processes of the Riverside County CDBG program in order to document that the program meets the National Objective by serving limited clientele - all persons (100%) served by the services outlined in this Agreement shall be low or moderate income. 8.0 Miscellaneous Provisions. 8.1 Attorneys' Fees. In the event any declaratory or other legal or equitable action is instituted between City and Club in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs and reasonable attorneys' fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment. 8.2 Notices. Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another commercially reasonable method, including facsimile transmission and addressed to the party for whom intended, as follows: of 162 If to City: City of La Quinta Attn: City Manager 78-495 Calle Tampico La Quinta, CA 92253 Fax: (760) 777-7101 If to Club: Boys and Girls Club of La Quinta Attn: Jim Ducatte, Chief Executive Officer 42600 Cook Street, Suite 120 Palm Desert, CA 92260 Fax: (760) 836-1160 Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours after mailing as provided above. If any notice or document is sent by facsimile transmission, the same shall be deemed fully delivered and received upon the transmission to the sender of a facsimile confirmation sheet. 8.3 Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate. 8.4 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein. 8.5 Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof. 8.6 Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. 8.7 Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole. 8.8 Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by Club and City. 8.9 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. ..It 163 8.10 Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth herein above. ATTEST: Club Secretary APPROVED AS TO FORM: Club Special Counsel Date ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson City Attorney CLUB: BOYS AND GIRLS CLUB OF COACHELLA VALLEY, PRESIDENT GERALD R. FORD BOYS AND GIRLS CLUB OF LA QUINTA, a nonprofit organization By: Its: "CITY" CITY OF LA QUINTA, a municipal corporation Mark Weiss, Interim City Manager K 164 AGENDA CATEGORY: BUSINESS SESSION: CITY A/HA/FA MEETING DATE: May 15, 2012 CONSENT CALENDAR: ITEM TITLE: Approval of a Contract Services and STUDY SESSION: Revocable License Agreement with Vermillion's Environmental Products & Applications, Inc. for PUBLIC HEARING: _ SilverRock Resort Undeveloped Property RECOMMENDATION: Approve a Contract Services and Revocable License Agreement (Attachment 1) with Vermillion's Environmental Products & Applications, Inc. (EPA) for SilverRock Resort Undeveloped Property and authorize the Interim City Manager to execute the same. FISCAL IMPLICATIONS: The Contract Services and Revocable License Agreement with EPA for the undeveloped SilverRock property will be at no cost to the City. In exchange for three acres of storage use within the undeveloped property, EPA will provide quarterly or as needed applications of Envirotac II to the undeveloped sections of the property that are not being maintained by the farm operations and any other areas that have not been stabilized for dust control. EPA will also provide on -call water trucks for use at SilverRock during high wind events. The value of this service is approximately $1 12,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: SilverRock Resort consists of 520 acres. Approximately 290 acres of the property remain undeveloped. Since 2004, PM-10 measures have been in place for dust control and Air Quality Management District (AQMD) compliance. In 2005, staff worked closely with AQMD to determine the best options to stabilize the undeveloped property. The options included water truck service, chemical stabilization, vegetative stabilization (at AQMD's suggestion), and contracting the property for agricultural use. N 165 In January 2012, staff contacted local agriculture based and dust control businesses for proposals on the continuing management of the undeveloped property at SilverRock. EPA was one of the businesses that were contacted. EPA has provided stabilization and water truck services (as needed) since 2006, including during the Bob Hope Classic/Humana Challenge and the La Quinta Arts Festival. EPA is a La Quinta-based business and the owner is also a La Quinta resident. Their equipment (water trucks and water towers) are stored in Coachella. EPA is interested in an agreement to provide chemical stabilization of the perimeter slopes and building pads as well as on - call water truck service during high wind events at no charge to the City. In exchange, EPA is requesting the use of a three -acre section within the undeveloped property for equipment storage. The value of this service is approximately $1 12,000. This is based on a total maximum of 80 acres of undeveloped engineered pads and the perimeter slopes at $350/acre, applied four times annually. On March 6, 2012 staff presented a Study Session Report to the City Council for the management options of the undeveloped SilverRock property. Due to the nature and the historic difficulty in obtaining suitable bids for this project, staff requested City Council allow for negotiations with the parties listed in the report as per the La Quinta Municipal Code, Title 3, Chapter 3.30, Section 3.30.070. Staff was directed to prepare a no cost agreement with EPA for their PM10 equipment to be stored on the undeveloped property in exchange for chemical stabilization and water truck services. The Five -Year License Agreement includes use of up to three acres within the undeveloped property (to be fenced and screened from public view) to store up to six water towers, eight water trucks, four tractors, two dump trucks, two haulers, and 500 containers of Enviortac II, three flatbed trailers, one stainless tanker, and three storage containers. All equipment stored on the property shall be in clean, in operational condition, and screened from public view. No repair work is to be conducted on the property. Hours of Operation shall be restricted to the following: October 1" to April 30`h Monday - Friday 7 a.m. to 5:30 p.m. Saturday - Sunday 8 a.m. to 5:00 p.m. May 1ST to September 30`h Monday - Friday 6 a.m. to 7 p.m. Saturday - Sunday a.m. to 5 p.m. Exemption of hours of operations during high wind events. EPA realizes they will be in close proximity to residential areas and will therefore minimize the traffic and noise. The purpose of their use of the property is to serve as a satellite storage facility for their equipment and it is unlikely there will be the maximum number of equipment listed above. If the City wishes to terminate the agreement, it may do so with a 30-day notice'. 166 FINDINGS AND ALTERNATIVES: 1. Approve a Contract Services and Revocable License Agreement with Vermillion's Environmental Products & Applications, Inc. for SilverRock Resort Undeveloped Property and authorize the Interim City Manager to execute the same; or 2. Do not approve a Contract Services and Revocable License Agreement with Vermillion's Environmental Products & Applications, Inc. for SilverRock Resort Undeveloped Property; or 3. Provide staff with alternative direction. Respectful submitted, Edie Hylton Community Services Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Contract Services and Revocable License Agreement •. I 167 ATTACHMENT 1 CONTRACT SERVICES AND REVOCABLE LICENSE AGREEMENT This CONTRACT SERVICES AND REVOCABLE LICENSE AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation and charter city (the "City"), and VERMILLION'S ENVIRONMENTAL PRODUCTS & APPLICATIONS, INC., (the "Contractor"). RECITALS WHEREAS, City desires to utilize the services of Contractor as an independent contractor to provide the City with chemical stabilization services of the undeveloped property at SilverRock Resort ("SRR Resort") for the purpose of dust and PM10 control; and WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and WHEREAS, City desires to retain Contractor, and Contractor desires to serve City, to perform these services subject to the terms contained herein and all applicable local, state and federal laws and regulations. NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and for other valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1. Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services related to the undeveloped portions of the SRR Resort, which undeveloped portions comprise approximately 290 acres (the "Property"), as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. As consideration for the services required to be performed 'by Contractor hereunder, the City has agreed to provide to Contractor a revocable license, pursuant to the terms and conditions set forth in Exhibit "B", which is attached hereto and incorporated herein by this reference, and as further governed by this Agreement, for the sole and exclusive purposes of permitting Contractor to use up to three (3) acres of the Property located adjacent to (north side) the existing SRR Resort maintenance facility located at 78-600 Avenue 54 in La Quinta 882/015610-0065 3167662.1 a05/09/12 -1 - 168 for the purpose of Contractor storing the equipment Contractor utilizes in performing their services, including water trucks and water towers (the "License"). 1.2. Compliance with Law. All services rendered hereunder and all actions taken by Contractor pursuant to the License shall be provided in accordance with all applicable local, state and federal ordinances, resolutions, statutes, rules, regulations and laws. 1.3. Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contractor shall obtain at its sole cost and expense all licenses, permits and approvals as may be required by law for all of Contractor's services and activities hereunder.. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement or the actions taken by Contractor pursuant to the License. 1.4. Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 3.2 hereof). 1.5: Standard of Care. Contractor acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contractor's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Contractor represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the work performed by Contractor, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, during the term of this Agreement, except such losses or damages as may be solely caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no cost to City, when such inaccuracies are due to the negligence of Contractor. 882/015610-0065 3167662.1 a05/09112 -2 �..q 16 9 1.6. Compensation. Contractor's sole compensation for the services rendered pursuant to this Agreement shall be the City's provision to Contractor of the License. , 2.0 PERFORMANCE SCHEDULE 2.1. Time of Essence. Time is of the essence in the performance of this Agreement. 2.2. Schedule. All services rendered pursuant to this Agreement shall be performed, diligently and within the time periods established in the Scope of Services. Extensions to the time periods specified in the Scope of Services may be approved in writing by the Contract Officer. 2.3. Force Majeure. The time periods specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 2.4. Term. This Agreement shall commence on July 1, 2012 and expire on June 31, 2017 (initial term) unless earlier terminated pursuant to specific terms in this Agreement. This Agreement may be extended for up to three (3) additional one-year terms upon mutual agreement by both parties (each, an extended term). Unless earlier terminated in accordance with Sections 7.6 of this Agreement, or the Scope of Services, this Agreement shall continue in full force and effect until the expiration of the initial term or any extended term (as applicable). 3.0 COORDINATION OF WORK 3.1. Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 882/015610-0065 3167662.1 a05/09112 -3- , 0 70 a. John Vermillion, Owner/President b. Justin Vermillion, Owner/Vice President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 3.2. Contract Officer. The Contract Officer shall be Steve Howlett, Golf & Parks Manager of the City, or such other person as may be designated in writing by the City Manager. It shall be Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 3.3. Prohibition Against Subcontracting or Assignment; Preventions of Liens. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contractor shall not contract or subcontract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein (including, without limitation, the License) may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City, which approval may be granted or withheld in the City's sole and absolute discretion. Any attempted or purported assignment or sub -contracting by Contractor without the City's express written approval shall be null, void and of no effect. In addition, Contractor shall take all steps necessary to insure that no supplier of goods or services to Contractor files any notice, lien or similar document against the Property or any portion thereof and shall be responsible for the immediate removal of any such cloud on the City's title to the Property or portion thereof. 3.4. Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall have no 882/015610-0065 3167662.1 a05/09/12 in '" 171 power to incur any debt, obligation, or liability on behalf of City. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 3.4. 3.5. City Cooperation. City shall provide Contractor with any plans, publications, reports, statistics,. records or other data or information pertinent to services to be performed hereunder which are reasonably available to Contractor only from or through action by City. 4.0 INSURANCE. 4.1 Insurance. Prior to the beginning of any work under this Agreement and throughout the duration of the term of this Agreement, Contractor shall procure and maintain, at its sole cost, and submit concurrently with its execution of this Agreement, insurance as described herein. All insurance coverage required by this Agreement shall be placed with insurers authorized to do business in the State of California with an A.M. Best rating level of A- or better, Class VI or better, unless otherwise approved by the City's Risk Manager in writing. 4.1.1.Minimum Coverage. Insurance shall include the following (or broader) coverage: a. Insurance Services Office Commercial General Liability coverage "occurrence" form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits. of $1,000,000 per occurrence and $2,000,000 in the aggregate. b. Insurance Services Office form number CA 0001 or equivalent covering Automobile Liability, including hired and non - owned automobile liability with a minimum limit of $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned and hired auto endorsement to Contractor's commercial general liability policy. 882/015610-0065 3167662.1 a05/09/12 2 C. Contractor shall carry Workers' Compensation Insurance complying with California's worker's compensation laws, including statutory limits for workers' compensation and an Employer's Liability limit no less than $1,000,000 per accident or disease. 4.1.2. Required Endorsements. Liability insurance policies required to be provided by Contractor hereunder shall contain or be endorsed to contain the following provisions: a. City, its employees, officials, representatives, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work or related to this Agreement. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. b. General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage will not be limited to City's vicarious liability. C. Liability coverage shall be primary and non-contributing with any insurance maintained by the City. d. Each policy required hereunder, and the associated evidence of coverage (including the workers' compensation and employer's liability policies), shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after prior written notice has been given to City. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice. e. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City. 4.1.3. Verification of Coverage. Contractor shall deposit with City concurrently with the execution of this Agreement certificates of insurance evidencing the coverage required hereunder and all required endorsements. 882/015610-0065 • tl 173 3167662.1 a05/09/12 -6- 4.1.4. No Waiver or Obligation. There shall be no recourse against City for payment of premiums or other amounts with respect to the insurance required to be provided by Contractor hereunder. Any failure, actual or alleged, on the part of City to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of City. City has no additional obligations by virtue of requiring the insurance set forth herein. 4.1.5. Prompt Notice. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 4.1.6. Subcontractors. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor approved by City. All coverages for subcontractors, if any, shall be subject to all of the requirements stated herein unless otherwise approved in advance in writing by City's Risk Manager. 4.2. Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain the insurance City deems necessary and either (i) require prompt reimbursement by Contractor, or (ii) deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 882/015610 0065 _ •� i A 3167662.1 a05/09/12 -7 N 1 1 4 5.0 INDEMNIFICATION; ENVIRONMENTAL MATTERS. 5.1 Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees, representatives, and agents (collectively, the "Indemnified Parties") from and against any and all liability, claims, suits, actions arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, actual attorney fees incurred by City, court costs, interest, defense costs including fees of expert contractors or expert witnesses incurred in connection therewith and any other costs or expenses of any kind whatsoever incurred in relation to, as a.consequence of or arising out of or in any way attributable in whole or in part to, the performance of this Agreement. All obligations under this provision are to be paid by Contractor as the City incurs them. 5.1.1. Exception to Contractor's Obligation to Indemnify. Without affecting the rights of City under any provision of this Agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or by the findings of a court of competent jurisdiction. This exception will apply only in instances where City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. 5.1.2. Contractor Acknowledgment. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. 5.1.3. Indemnity Provisions for Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section 5.1.3 from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. 316 6162.1 a05 09/12 -$- 8 175 5.1.4. No Waiver; Survival. Failure of City to monitor compliance with the requirements of this Section 5.1.4 imposes no additional obligations on City and will in no way act as a waiver of any of City's rights hereunder. Contractor's obligation to indemnify and defend the Indemnified Parties as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this section. 5.2. Environmental Requirements. a. Contractor shall use only non -restricted products that have been approved, in writing, by the City, on the Property. b Contractor shall use only products which do not have lingering odors. C. Contractor shall be liable and responsible for the clean-up of any "Hazardous Materials" (defined below) or environmental contamination, which occur as a result of, or arises in connection with, any activities conducted by Contractor, its employees, agents, subcontractors or representatives, or invitees, under this Agreement, including, without limitation, the License, and shall indemnify and hold harmless the City of La Quinta from and against any and all claims, losses, damages and injuries of any nature whatsoever resulting from or arising out of Contractor's activities under this Agreement, including, without limitation, the License, except to the extent resulting from the gross negligence or willful misconduct of City, its employees, agents, contractors or representatives. Contractor's obligation to observe and perform this covenant shall survive the expiration or other termination of this Agreement. If any Hazardous Materials attributable to Contractor, its agents, employees, subcontractors or representatives, or invitees, or the activities of any of them, are found in the soil, air, surface or ground water on, under or about the Property, Contractor, at its sole expense, shall promptly take any and all actions necessary to return the Property to the condition existing prior to the introduction of such Hazardous Materials to the Property in accordance with all applicable laws and the requirements of all governmental agencies with jurisdiction, provided that City's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld. If Contractor causes or permits a significant release of Hazardous Materials or is in material noncompliance with any applicable law or requirement of this Section, City may make a reasonable demand for action upon Contractor. If Contractor does not respond within thirty (30) days (unless there is an emergency, in which case Contractor shall be required to respond as soon as practicable), City may, at its option, take reasonable actions to remedy the release or noncompliance at Contractor's sole expense, which sums shall be 882/015610-0065 3167662.1 a05/09/12 -9- - M116 immediately due and payable to City as additional compensation. At any time during the term of this Agreement, Contractor shall, if required by any governmental agency, promptly take whatever steps are necessary to investigate and remedy any contamination by Hazardous Materials caused by Contractor, its agents, employees, subcontractors or representatives, or invitees. d. For purposes of this Agreement, the term "Hazardous Materials" shall mean (1) hazardous wastes, hazardous materials, hazardous substances, hazardous constituents, toxic substances or related materials, whether solids, liquids or gases, including, but not limited to, substances deemed as "hazardous wastes," "hazardous materials," "hazardous substances," "toxic substances," "p ollutants," "contaminants," "radioactive materials," or other similar designations in, or otherwise subject to regulation under, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA "), 42 U.S.C. § 9601 et seq.; the Toxic Substance Control Act ("TSCA"), 15 U.S.C. § 2601 at seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1802; the Resource Conservation and Recovery Act ( "RCRA"), 42 U.S.C. § 9601, et seq.; the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300 et seq.; the Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq.; the Hazardous Waste Control Law, California Health and Safety Code § 25025 et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act, California Health and Safety Code, Division 20, Chapter 6.8, the Hazardous Materials Release Response Plans and Inventory Act, California Health and Safety Code, Division 20, Chapter 6.95, The Underground Storage of Hazardous Substances Act, California Health and Safety Code, Division 20, Chapter 6.7, the Porter -Cologne Act, California Water Code § 13050 at seq. and in any permits, licenses, approvals, plans, rules, regulations or ordinances adopted, or other criteria and guidelines promulgated pursuant to the preceding laws or other similar federal, state or local laws, regulations, rules or ordinances now or hereafter in effect relating to environmental matters (collectively the "Environmental Laws"); and (ii) any other substances, constituents or wastes subject to any applicable federal, state or local law, regulation, ordinance or common law doctrine, including any Environmental Law,now or hereafter in effect, including, but not limited to, (A) petroleum, (B) refined petroleum products, (C) waste oil, (D) waste aviation or motor vehicle fuel, (E) asbestos, (F) lead in water, paint or elsewhere, (G) radon, (H) polychlorinated biphenyls (PCB's) and (1) urea formaldehyde. 3167662.1 6a05 09/12 -1 0- 6.0 RECORDS AND REPORTS. 6.1. Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning Contractor's performance of the services required by this Agreement as the Contract Officer shall require. 6.2. Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3. Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4. Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 6.5. Confidentiality. Contractor covenants that all data, documents, discussion, or other information, if any, developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor to any person or entity without prior written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 882/015610-0065 - _1 1 _ N 178 3167662.1 a05/09112 7.0 ENFORCEMENT OF AGREEMENT. 7.1. California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing he shall limit City's right to terminate this Agreement without cause pursuant to Section 7.6 7.3. Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement, 7.4. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.5. Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this 882/015610-0065 3167662.1 a05/09/12 -1 2- ' 0 179 Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.6. Termination Prior to Expiration of Term. This section shall govern any termination of this Agreement. Subject to the requirements of Section 7.2 above, either party hereunder may terminate this Agreement upon a default hereunder by the other party. In addition, City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except as may be specifically approved by the Contract Officer. 7.7. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled.to recover reasonable attorneys' fees and costs of suit from the losing party, including, without limitation, expert witness fees. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1. Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2. Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3. Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 882/015610-0065 3167662.1 a05/09/12 -1 3 !f 180 9.0 MISCELLANEOUS PROVISIONS 9.1. Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: City of La Quinta Attn: Steve Howlett 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 To Contractor: Vermillion's Environmental Products & Applications, Inc. Attn: John Vermillion 78-900 Avenue 47, Suite 106 La Quinta, CA 92253 9.2. ABx1 26 Disclosure and Release. On June 28, 2011, the Governor signed Assembly Bill 26 ("ABxl 26") and Assembly Bill 27 ("ABxl 27") from the 2011-12 First Extraordinary Session of the California Legislature. ABx1 26 immediately suspended all redevelopment agency activities, except continued performance of "enforceable obligations," and set forth a process to dissolve redevelopment agencies and end redevelopment in California. ABx1 27 provided a "voluntary alternative redevelopment program," which would have allowed redevelopment agencies to remain in existence and continue redevelopment, if remittance payments were made to cover the State of California's budget shortfall for fiscal year 201 1-12 and were made in subsequent fiscal years to cover State costs. A lawsuit was filed, challenging the constitutionality of both ABx1 26 and 27. The California Supreme Court upheld the constitutionality of ABx1 26, revising the effective dates of certain provisions, and struck down as unconstitutional ABx1 27. (California Redevelopment Assn. v. Matosantos (201 1) 53 Cal.4` 231 ("CRA Case"). ABx1 26 is Chapter 5, Statutes 2011, First Extraordinary Session, which added Part 1.8 (suspension provisions) and Part 1.85 (dissolution provisions) of Division 24 of the Health and Safety Code. The City acquired the Property from the former La Quinta Redevelopment Agency ("Agency") prior to the date ABx1 26 was signed by the Governor. With the exception of certain portions of the Property designated for public uses, the City paid to the Agency the fair market value of the Property. Although the City believes the City's acquisition of the Property from the Agency was lawfully conducted, the City cannot guarantee that the California Department of Finance or another interested party will not order the Property to be returned to the City, in its capacity as the "Successor Agency" to the former Agency, and require the City, in its capacity as the Successor Agency, to sell the Property to a third party. Contractor, on behalf of itself and its successors and assigns, hereby releases and forever, discharges the City and the City's officials, 882/015610-0065 3167662.1 a05/09112 -14- 181 officers, members, agents, employees, and representatives, and each of them (collectively, the "City Released Parties"), from and against any and all claims, complaints, demands, causes of action, obligations, damages, costs, expenses, liens, attorneys' fees, rights and liabilities of any nature whatsoever, whether known or unknown, suspected or not suspected to exist, claimed or not claimed, that arise in connection with the City's termination of this Agreement and the License as a result of an order under ABx1 26 to the City to transfer the Property to the City, in its capacity as the Successor Agency, and sell the Property to a third party (collectively, the "City Released Claims"). To the full extent of the foregoing release of the City Released Claims, Contractor also expressly waives all "unknown claims" as against the City Released Parties and expressly waives its rights under Civil Code section 1542, which reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. 9.3. Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.4. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail except as otherwise provided in Section 1.7. 9.5. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.6. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.7. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 8821015610-0065 3167662.1 a05/09/12 -1 5- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY CITY OF LA QUINTA, a California municipal corporation and charter city Mark Weiss, Interim City Manager Dated: ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson, City Attorney 882/015610-0065 3167662.1 a05/09/12 -1 6- CONTRACTOR: VERMILLION'S ENVIRONMENTAL PRODUCTS & APPLICATIONS, INC., M John Vermillion, Owner/President Dated: '. M 1 d3 Exhibit A SCOPE OF SERVICES Contractor shall perform the following services at the following times: Contractor shall apply Enviortac II to the perimeter of the Property, and to the building pads, on a quarterly basis or as needed to all areas of exposed ground and areas not maintained under the La Quinta Farms Agreement. Contractor shall conduct watering operations at the Property at any time during high wind conditions when requested by the City. For purposes of this Agreement, "high wind conditions" mean winds that are forecast in excess of 26 miles per hour. 882/015610-0065' 134 3167662.1 a05/09/12 -1 7- ;'ii1MA-1 REVOCABLE LICENSE 1 . GRANT; LIMITATION OF RIGHTS. City hereby grants to Contractor a non- exclusive, revocable license over the "Licensed Property" (as defined in Paragraph 2 below) during the term of the Agreement (as such term may be extended pursuant to the terms thereof) for the sole purpose of the activity identified below in Paragraph 3. 2. DESCRIPTION OF LICENSED PROPERTY. The Licensed Property shall consist of up to 3 acres of the Property and shall be located adjacent to (north side) the existing SilverRock maintenance facility located at 78-600 Avenue 54 in La Quinta. The City may, upon thirty (30) days written notice, require Contractor to relocate its use of the Licensed Property as described below to an alternative site at SilverRock Resort, or terminate this License altogether; provided, however, that if this License is terminated, such termination shall result in the automatic termination of the Agreement. City shall not be liable for any costs incurred by Contractor for relocation or termination and all such costs (including any costs already incurred) shall be borne solely by Contractor 3. USE OF LICENSED PROPERTY. Aside from Contractor's access to the Licensed Property for the purpose of performing the Scope of Services, Contractor may use the Licensed Property only for the following purposes: Storage of up to (i) six water towers, (ii) eight water trucks, four tractors, two dump trucks, two haulers, and (iii) 500 containers of Enviortac 11, three flat bed trailers, one stainless tanker, and three storage containers. Prior to any such storage, Contractor shall install fencing around the perimeter of the Licensed Property and shall install appropriate materials, as approved by the City Manager or his or her designee, to screen the Licensed Property from the nearby residential areas. All such equipment stored on the Property shall be maintained in clean and operational condition. No repairs to equipment shall take place on the Licensed Property. Contractor shall operate its equipment in a manner that minimizes noise and traffic impacts to the nearby residential areas. Contractor's hours of operation shall be restricted to the following dates and times: October 1st to April 30"' Monday - Friday 7 a.m. to 5:30 p.m. Saturday - Sunday8 a.m. to 5:00 p.m. May 1 st to September 301" Monday - Friday 6 a.m. to 7 p.m. Saturday - Sunday8 a.m. to 5 p.m. 882/015610-0065 _ 3167662.1 a05/09/12 -1 ._4 185 The hour limitations set forth above shall not apply during high wind events, defined as wind speeds forecast in excess of 26 miles per hour. 4. CONTRACTOR'S OPERATION. Contractor hereby acknowledges that the Licensed Property is unimproved, undeveloped, and unoccupied. Contractor hereby assumes all risks of injury to persons or property associated with the condition of the Licensed Property, and Contractor's use of the Licensed Property is subject to the Indemnity provisions contained above in Section 4.2 of the Agreement. All materials and equipment, if any, shipped or brought to the Licensed Property under this License shall be unloaded, checked and stored at no expense or risk to City. Contractor shall retain full responsibility and risk of loss for its materials, equipment and supplies stored on the Licensed Property. Contractor shall (i) conduct all activity in connection with this License at its sole cost and expense and in a safe manner and workmanlike manner and not allow any dangerous or hazardous conditions created by Contractor or its agents, representatives, consultants or contractors to occur on the Licensed Property during such activity and Contractor shall promptly and diligently cure any such conditions should they occur; (ii) comply with all applicable laws and governmental regulations (including, without limitation, any "Hazardous Materials" [as that term is defined in Section 4.4.d of the Agreement] laws); (iii) keep the Licensed Property free and clear of all liens, lis pendens and other liens arising out of the entry or activity performed pursuant to this License; and (iv) provide to the City prior to initial entry the certificates of insurance required by the Agreement. 5. SECURITY OF LICENSED PROPERTY. At all times, Contractor shall secure the Licensed Property to permit only lawful activity to occur on site. 6. NO RELOCATION ASSISTANCE. Contractor acknowledges that the Property, including the Licensed Property, is designated for development of a second golf course, a luxury resort and a retail development, and Contractor's use of the Licensed Property is for the short term convenience of the City to help with the PM10 and dust control of the Licensed Property. Contractor irrevocably and absolutely waives, releases and discharges the City, and any present or former employees, subsidiaries, officers, agents, consultants, attorneys, insurers, successors and assigns of the City from all claims that Contractor has or may be entitled to "Relocation Assistance" (as defined below) or from all claims that Contractor is or may be deemed a "displaced person" upon the relocation of the Licensed Property, and/or the expiration or earlier termination of this License or -of the Agreement. It is understood and agreed that the City shall have no liability for any Relocation Assistance, including without limitation, relocation benefits payable under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.) and the implementing regulations thereto, or under Title I, Division 7, Chapter 1 of the Government Code of 882/015610-0065 3167662.1 a05/09/12 _1 9- the State of California (Section 7260, et seq.) and the California Relocation Assistance and Real Property Acquisition Guidelines (25 C.C.R. § 6000 et seq.►, or relocation assistance or benefits payable to any owner or tenants (collectively, "Relocation Assistance"). Contractor acknowledges that it has no property interest in the Licensed Property, and that it will have no claim for loss of business, loss of profits, or loss of goodwill upon termination of Contractor's use of the Licensed Property on the expiration or earlier termination of this License or of the Agreement. 7. REMOVAL OF CONTRACTOR'S PROPERTY. Upon termination of the License, Contractor shall remove any and all construction, structures, buildings, improvements and fixtures from the Licensed Property at its sole costs and expense. Such removal shall be completed no later than twenty (20) days after termination. 8. TERMINATION OF LICENSE. This is a revocable License and the City may terminate this License by providing a 30-day written notice of termination to Contractor at any time and for any reason. At the expiration of such 30-day period, Contractor shall cease using the Licensed Property, shall remove all property as provided in Section 7, and shall restore the Licensed Property to its original condition or such other condition as is satisfactory to the City. 187 8821015610-0065 3167662A a05/09/12 -20- COUNCIL/SA MEETING DATE: Mav 15, 2012 ITEM TITLE: Adoption of a Resolution of the City Council Approving Revisions to the City Clerk's Job Description and Salary Range Adjustment AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I -I STUDY SESSION: I1II:3P[aHDKI9WOT RECOMMENDATION: Adopt a Resolution of the City Council approving the revisions to the City Clerk's job description and adjustment of the salary to Range 78. FISCAL IMPLICATIONS: The current salary range for the City Clerk is 80 ($8,312- $10,103/mo.). The proposed salary range of 78 ($7,916.06 - $9,622.02/mo.) would be a reduction of $481 per month (approximately 5.0%) at the top step. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Clerk's job description currently indicates the position is responsible for the functions of preparing press releases and coordinating Council's appearances at openings and ribbon cuttings, in addition to managing the City's telecommunications system. Staff has revised this description to accommodate the proposed changes in job duties to eliminate duties handled by other employees (see Attachment 1). The City Clerk's position is currently vacant. Given the revised duties, a review of City Clerk compensation with comparable cities, and an internal equity analysis, staff recommends a reduction in range from Range 80 to Range 78. ., p 188 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the revisions to the City Clerk's job description and adjustment of the salary to Range 78; or 2. Do not adopt the Resolution by the City Council approving the revisions to the City Clerk's job description and adjustment of the salary to Range 78; or 3. Provide staff with alternative direction. Respectfully submitted, Terry L. Cheeringer, Human Resources/ General Services Manager Approved for submission by: Kj � Mark Weiss, Interim City Manager Attachment: 1. Redlined City Clerk Job Description '." lag RESOLUTION NO. 2012 - A RESOLUTION OF THE LA QUINTA CITY COUNCIL OF THE CITY OF LA QUINTA CALIFORNIA REGARDING CITY CLERK JOB DESCRIPTION AND COMPENSATION, EFFECTIVE JULY 1, 2012 WHEREAS, the City of La Quinta, hereinafter referred to as "City," desires to make adjustments to the City Clerk's job description and salary range effective July 1, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City does hereby approve, ratify and authorize for implementation a change in the job description of the City Clerk position, as set forth in Exhibit 1, to become effective July 1, 2012. Section 2. The City does hereby approve, ratify and authorize for implementation a salary range adjustment to the City Clerk position, as set forth in Exhibit 2, to become effective July 1, 2012. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15" day of May, 2012, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California 00 Igp Resolution 2012- City Clerk Job Description & Salary Range Adjustment Adopted: May 15, 2012 Page 2 ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 191 n EXHIBIT 1 THE CITY OF LA QUINTA CITY CLERK GENERAL STATEMENT OF JOB Under the administrative direction of the City Manager, plans, organizes, coordinates, supervises and directs the activities, staff and programs of the City Clerk's Department; provides switchboard/receptionist functions; provides staff support to the City Manager; and any other such duties as may be delegated by the City Manager. REPORTS TO: City Manager ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. ➢ Directs and participates in development and implementation of departmental goals, objectives, policies, and procedures; ➢ Manages the operations of the City Clerks Department; responsible for budget preparation and monitoring; selects, supervises, trains, and evaluates staff, maintains departmental awareness of state-of-the-art developments in management and fields of specialty; ➢ Performs all statutory duties of the City Clerk as set forth in the California Government Code and all duties referred to in La Quinta Municipal Code Section 2.10.030 as well as all duties described herein and any additional duties as may be assigned; ➢ Attends all meetings of the City Council/Successor Agency to the Redevelopment Agency/Financing Authority and records minutes thereof; ➢ Directs preparation of City Council —/Successor Agency €iedeuelepment AgeRey/Financing Authority agendas, including preparation of resolutions, ordinances and written materials; euttings, open houses and etheF Council appeaFanees; ➢ Maintains all official records of the City and the Records Information System; Manages the Citywide Teleeemmunmeations , ➢ Maintains Consultants Registry; ➢ Conducts recruitment for various Boards/Commissions; ➢ Maintains Municipal Code; ➢ Conducts all Municipal Elections; ➢ Acts as Deputy Registrar of Voters; ➢ Acts as Notary Public; ➢ Performs various related essential duties as required. u 192 MINIMUM TRAINING AND EXPERIENCE A Bachelors degree or equivalent from an accredited college or university with major course work in public administration, business administration or a closely related field; at least 'six years of increasingly responsible experience as a City Clerk, including two years in a supervisory capacity; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Required Licenses and Certification Certification by the International Institute of Municipal Clerks. is desirable. Must possess a valid Class C California Driver's License. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of.• • Municipal administrative principles and practices, including goal setting, program and budget development and implementation and employee supervision; • The Brown Act, Political Reform Act, and California Elections Codes; • Applicable city, state and federal laws and regulations. Physical Requirements: • Ability to operate a variety of automated office machines including an adding machine, copier, personal computer, typewriter and fax machine; • Ability to exert a small amount of physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Supervisodal Responsibilities: • Ability to assign, review, plan, and coordinate the work of other employees; • Ability to provide instruction and guidance to staff; promote staff development and motivation; and analyze problems that arise in the areas under supervision and recommend solutions; • Ability to recommend the discipline or discharge of staff, approve transfers or promotion of employees; • Ability to assess the work of employees and write performance appraisals; • Ability to organize, direct and coordinate the activities of the department; • Ability to delegate authority and responsibility, and program work consistent with department, City and Agency needs. Mathematical Ability: • Ability to add, subtract, multiply and divide. 193 • Ability to compute ratios and profit and loss. City of La Quinta: City Clerk Judgment and Situational Reasoning Ability: • Ability to apply principles of rational systems in budgeting; • Ability to apply principles of influence systems in supervising; • Ability to apply principles of synthesis functions in development of Departmental goals; • Ability to use independent judgment in periodically non -routine situations. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including meeting minutes, elections materials, resolutions, ordinances and records; • Ability to prepare eemmunity--newsletter, press release, letters of correspondence, and employee performance evaluations using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including policy manuals, and city, state and county laws and ordinances; • Ability to communicate effectively with local government officials, the media, coworkers, supervisor, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. May 2012Ju44488 194 City of La Quinta: City Clerk AUTHORIZED POSITIONS - SALARY RANGE FY 2011-2012 AUTHORIZED POSITION TITLE RANGE AUTHORIZED POSITION TITLE Account Clerk 42 Human Resources/Gen. Svcs. Manager 76 Account Technician 49 Informational Services Analyst 62 Accounting Manager 76 Maintenance Foreman 58 Animal Control Officer II 57 Maintenance Manager 72 Animal Control / Code Compliance Officer 1 51 Maintenance Worker 1 42 Assistant City Manager 95 Maintenance Worker 11 46 Assistant Engineer 1 53 Management Analyst 68 Assistant Engineer II 58 Management Assistant 61 Assistant Planner 60 Marketing/Economic Development Mgr. 71 Associate Engineer 66 Office Assistant 38 Associate Planner 65 Plans Examiner/Inspection Supervisor 65 Building and Safety Director 87 Planning Director 90 Building Inspector 1 55 Planning Manager 84 Building Inspector 11 60 Principal Engineer 82 City Clerk 78 Principal Planner 73 City Manager Public Works Director/City Engineer 93 Code Compliance Officer 1 51 Public Works Inspector 1 53 Code Compliance Officer 11 57 Public Works Inspector 11 58 Community Safety Manager 74 Public Works Inspection Supervisor 63 Community Services Director 87 Recreation Activities Coordinator 42 Counter Technician 52 Recreation Supervisor 54 Deputy City Clerk 58 Secretary 45 Economic Development/Housing Manager 71 Senior Account Clerk 45 Emergency Service Coordinator 65 Senior Center Activities Coordinator 42 Executive Assistant 57 - Senior Code Compliance Officer 62 Executive Office Assistant 38 Senior Engineer 76 Executive Secretary 57 Senior Secretary 52 Facilities Maintenance Coordinator 54 Traffic Engineer 78 Facilities Maintenance Worker 42 Traffic Signal Technician 54 Finance Director/Treasurer 93 Financial Services Assistant 57 Golf and Park/Landscape Manager 76 - City Manager salary is determined by City Council contract. m X 2 -i N ATTACHMENT 1 THE CITY OF LA QUINTA CITY CLERK GENERAL STATEMENT OF JOB Under the administrative direction of the City Manager, plans, organizes, coordinates, supervises and directs the activities, staff and programs of the City Clerk's Department; provides switchboard/receptionist functions; provides staff support to the City Manager; and any other such duties as may be delegated by the City Manager. REPORTS TO: City Manager ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. ➢ Directs and participates in development and implementation of departmental goals, objectives, policies, and procedures; ➢ Manages the operations of the City Clerks Department; responsible for budget preparation and monitoring; selects, supervises, trains, and evaluates staff, maintains departmental awareness of state-of-the-art developments in management and fields of specialty; ➢ Performs all statutory duties of the City Clerk as set forth in the California Government Code and all duties referred to in La Quinta Municipal Code Section 2.10.030 as well as all duties described herein and any additional duties as may be assigned; ➢ Attends all meetings of the City Council/Successor Agency to the Redevelopment Agency/Financing Authority and records minutes thereof; ➢ Directs preparation of City Council —/Successor Agency RedeaelepFnen! Agency/Financing Authority agendas, including preparation of resolutions, ordinances and written materials; ➢ Maintains all official records of the City and the Records Information System; Jo- Manages the Gitywide Teleearnmunioations System; ➢ Maintains Consultants Registry; ➢ Conducts recruitment for various Boards/Commissions; ➢ Maintains Municipal Code; ➢ Conducts all Municipal Elections; ➢ Acts as Deputy Registrar of Voters; ➢ Acts as Notary Public; ➢ Performs various related essential duties as required. r 196 MINIMUM TRAINING AND EXPERIENCE A Bachelors degree or equivalent from an accredited college or university with major course work in public administration, business administration or a closely related field; at least six years of increasingly responsible experience as a City Clerk, including two years in a supervisory capacity; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Required Licenses and Certification Certification by the International Institute of Municipal Clerks is desirable. Must possess a valid Class C California Driver's License. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of.• • Municipal administrative principles and practices, including goal setting, program and budget development and implementation and employee supervision;, • The Brown Act, Political Reform Act, and California Elections Codes; • Applicable city, state and federal laws and regulations. Physical Requirements: • Ability to operate a variety of automated office machines including an adding machine, copier, personal computer, typewriter and fax machine; • Ability to exert a small amount of physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Supervisodal Responsibilities: • Ability to assign, review, plan, and coordinate the work of other employees; • Ability to provide instruction and guidance to staff; promote staff development and motivation; and analyze problems that arise in the areas under supervision and recommend solutions; • Ability to recommend the discipline or discharge of staff, approve transfers or promotion of employees; • Ability to assess the work of employees and write performance appraisals; • Ability to organize, direct and coordinate the activities of the department; • Ability to delegate authority and responsibility, and program work consistent with department, City and Agency needs. Mathematical Ability. • Ability to add, subtract, multiply and divide. • 197 • Ability to compute ratios and profit and loss. City of La Quinta: City Clerk Judgment and Situational Reasoning Ability. • Ability to apply principles of rational systems in budgeting; • Ability to apply principles of influence systems in supervising; • Ability to apply principles of synthesis functions in development of Departmental goals; • Ability to use independent judgment in periodically non -routine situations. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including meeting minutes, elections materials, resolutions, ordinances and records; • Ability to prepare eemmdnity newsletter, Press releases, letters of correspondence, and employee performance evaluations using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including policy manuals, and city, state and county laws and ordinances; • Ability to communicate effectively with local government officials, the media, coworkers, supervisor, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. May 2012Ju4-44" a 198 City of La Quinta: City Clerk Tit�p 4 4V a" CITY / SA / HA / FA MEETING DATE: May 15, 2012 ITEM TITLE: Approval of a Professional Services Agreement with ClearSource Financial Consulting to Complete a Comprehensive Fee and Rate RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ZO STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with ClearSource Financial Consulting to complete a comprehensive fee and rate study, authorize the Interim City Manager to execute the agreement subject to minor revisions by the City in an amount not to exceed $10,950. FISCAL IMPLICATIONS: Funding for the PSA is requested from available cost savings from the vacant Senior Secretary position in Public Works. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the February 7, 2012 City Council meeting, staff presented various revenue alternatives for City Council discussion and consideration. The last time the City undertook a cost allocation review and comprehensive fee and rate study was in 1996. Staff was directed by Council to prepare a Request for Proposal (RFP) to select a consultant to complete a comprehensive fee and rate study. The Interim City Manager appointed a selection committee consisting of the following members: Ed Wimmer, Public Works Principal Engineer; Greg Butler;tiBuilding & Safety Department Director; and Les Johnson, Planning Department Director. The City received five proposals from the following consulting firms: ClearSource Financial Consulting, PMC, Willdan '." 1ss Financial Services, NBS, and MGT of America, Inc. After review of the proposals and interviews with the three finalists ClearSource Financial Consulting was the unanimous recommendation of the selection committee. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with ClearSource Financial Consulting to complete a comprehensive fee and rate study, authorize the Interim City Manager to execute the agreement subject to minor revisions by the City Attorney in an amount not to exceed $10,950; or 2. Do not approve a Professional Services Agreement with ClearSource Financial Consulting to complete a comprehensive fee and rate study, do not authorize the Interim City Manager to execute the agreement subject to minor revisions by the City Attorney in an amount not to exceed $10,950; or 3. Provide staff with alternative direction. Respectfully submitted, ,Q ift4 !� othy R. J n sic so Public Works irector/City Engineer Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Professional Services Agreement (PSA) 4 ?,00 ATTACHMENT I PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ClearSource Financial Consulting ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Comprehensive Fee and Rate Study, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract .Officer (as defined in Section 4.2 hereof). 201' 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Last revised 2-7-12 '.N 202 Compensation") in a total amount not to exceed Ten Thousand Nine Hundred Fifty Dollars ($10,950) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. Last revised 2-7-12 ' V 203 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. The term of this agreement shall commence on May 16, 2012 and, terminate on October 31, 2012 (initial term). Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Terry Madsen, President ClearSource Financial Consulting It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. *.A 204 Last revised 2-7-12 The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated ,by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause Last revised 2-7-12 a 205 providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required,. City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Last revised 2-7-12 206 C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.3 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. Last revised 2-7-12 ' N 207 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this . agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. if Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. Last revised 2-7-12 _4 208 12. For .purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 17. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 18. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 19. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not Last revised 2-7-12 •.tr 209 the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. ` 20. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 INDEMNIFICATION. 6.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Last revised 2-7-12 " 210 Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 6.2(b)• Notwithstanding Section 6.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Last revised 2-7-12 211 Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 6.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 7.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall haveJull and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. Last revised 2-7-12 10 212 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.7. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a Last revised 2-7-12 N 213 waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3. 8.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City'shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. Last revised 2-7-12 214 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Mark Weiss Interim City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: ClearSource Financial Consulting Attention: Terry Madson, President 7960 B Soquel Drive, #363 Aptos, CA 95003 •. a Last revised 2-7-12 21S 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby.declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Mark Weiss, Interim City Manager Date r_11ir:639 Susan Maysels, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Last revised 2-7-12 2 �U CONSULTANT: ClearSource Financial Consulting Name: Title: Date: '•a Last revised 2-7-12 217 Exhibit A Scope of Services Cover Letter April 16, 2012 City of La Quinta Attn: Mr. Timothy R. Jonasson, Public Works Director/City Engineer 78495 Calle Tampico La Quinta, CA 92253 Subject: Comprehensive Fee and Rate Study To Mr. Jonasson, Mr. Wimmer, Mr. Butler, and Mr. Johnson: Three Promises ClearSource Makes That Other Responders Will Not Make As the selection committee for this project, you will likely review between 5 and 10 proposals from firms interested in performing this work for the City. Although I have not seen the proposals it is likely that each responder will cite the following: • A project team with a long, successful track record of performing these types of studies during their careers and a long list of references for similar projects. • A scope of services that results in the delivery of sound, legally defensible, cost of service models and fee schedules to the City. • A statement that the responder will satisfy the City, and provide a great project experience. ClearSource will be the only responder that promises: 1) A concurrent project limit to ensure La Quinta receives the attention it deserves. 2) A billing schedule that requests payment only upon completion of the project, to ensure the timely completion of the entire project. 3) At least 6 days of on -site meetings to encourage internal and external stakeholder involvement. ClearSource's Vision Statement for This Proposal ClearSource will make every dollar count for the City of Lo Quinta. The project will be completed on time, on budget and include a high-level of internal stakeholder involvement. The City will receive an independently prepared, user friendly, legally defensible fee and rate study that becomes property of the City. ClearSource's vision for the project is in -line with the City's long history of making prudent financial decisions, with an eye on the long-term fiscal health and vibrancy of the City, its residents, and its businesses. Proposal —Comprehensive Fee and Rate Study ClearSource Financial Consulting 1 Summary of the Proposal Work to Be Done ClearSource will conduct a comprehensive fee and rate study for the City of La Quinta. The study will examine all user and regulatory fees, except those fees identified in "Addendum Number 1" as excluded from the study. Project Team ClearSource will provide the City of La Quinta with one point of contact for completion of all aspects of this study. Terry Madsen will conduct all meetings, perform all analyses, and deliver and present all findings. This will eliminate the difficulty often encountered by agencies that hire a project team composed of several different people with varying analytical abilities and hands-on experience. Project Timeline Assuming a project commencement date of May 16, 2012, final reports and findings will be completed and ready for presentation at public outreach meetings and a public hearing by July 16, 2012. Limited Number of Concurrent Projects During the course of this study ClearSource will limit the number of concurrent client engagements to ensure that the City of La Quinta receives proper attention and the project will be completed as scheduled. Multiple Opportunities for Stakeholder Feedback Six on -site meeting days are proposed. Significant stakeholder involvement is particularly important in this study, since the City's prior fee study was completed more than fifteen years ago. Project Budget A fixed, not -to -exceed, project budget built upon the vision statement that ClearSource will make every dollar count for La Quinta while ensuring timely delivery of materials and full attention to the project. The budget is included in the cost proposal portion of this response. Payment Terms To encourage the timely completion of the study, the proposed schedule of payment for services assumes completion of the entire study before City payment of fees to ClearSource Financial Consulting. Deliverables Tailored to La Quinta The City of La Quinta will receive products tailored to meet its needs. For example, the City currently uses valuation based methodologies to set many of its building fees. If this methodology works well for the City and its fee payers, ClearSource will complete the study assuming continuation of this methodology. If the City desires to examine alternative methodologies, we can modify the methodology and provide insight into upside/downside of alternative methodologies and provide recommendations for modification, if any. Proposal — Comprehensive Fee and Rate Study ClearSource Financial Consulting 2202 Objectives to Be Accomplished In order for the City to receive the full benefits of this study, ClearSource's deliverables include: • At least six days of on -site meetings, intended to: o Allow the City's project manager and department representatives to familiarize ClearSource with the City's operations, needs, and practices for providing fee related services to the residents and businesses of La Quinta. o Allow for review and feedback of preliminary and final study findings. o Support the City in the public hearing process and inform the City Council of factors it may consider when setting targeted cost recovery and fee levels. • Updatable, Excel -based, formula -driven, models and fee schedules that: o Calculate the costs of providing fee related services, composite fully -burdened hourly rates for service providers, and current cost recovery levels. o Allow for annual update of fees to account for inflationary adjustments. • Updatable, Word -based, report narrative that details the: o General purpose of the study. o Legislation influencing the methodology and outcomes of the study. o Fee -related services examined in the study (Building, Planning, Engineering, etc... J o Allocation of revenues and expenditures to each service area. o Methodology used to calculate the full cost of providing fee related services. o Data sources used to influence cost of service findings (time estimates, permit volume, labor costs, etc...). o Final findings and outcomes for the study, including impacts to the City's General Fund. • On -site training to encourage the likelihood of the City's future in-house maintenance and update of the cost of service models, and master fee schedule. • On -going access to ClearSource expertise after the study is complete. o City staff may have questions about study outcomes or updating the Excel models long after the study is complete. ClearSource will serve as an expert resource regarding any questions received from City staff regarding the outcomes and models developed as part of this study. Summary of Qualifications This project will be completed from start to finish by Mr. Terry Madsen. Mr. Madsen's depth of knowledge includes numerous service areas including user fee studies, overhead cost allocation studies, internal service fund rate studies, water and wastewater rate studies, and special financing district administration. During his career he has served the following agencies, among others: • The City of Chula Vista • The City of East Palo Alto • The City of Hesperia • The City of Indio • The City of La Habra Heights Proposal —Comprehensive Fee and Rate Study ClearSource Financial Consulting • The City of Oakdale • The City of Sacramento • The City of San Carlos • The City of Santa Paula • The City of Sierra Madre If 221 3 • The City of Long Beach • The City of Los Angeles • The City of Napa • The City of Taft • The City of Ventura • The Town of Atherton The best way for an agency to determine whether a responder will be able to successfully perform the services requested is by contacting other agencies that have received similar services from members of the project team. The City of La Ctuinta is encouraged to contact the references listed in the cost proposal for this work. ClearSource is dedicated to providing premier financial consulting service to local government agencies. ClearSource focuses on the issues that matter most to policy makers and constituents: Statement Binding ClearSource to the Terms of Proposal I am the President of ClearSource Financial Consulting. My signature binds ClearSource to the terms of this proposal and confirms that this proposal shall remain valid for a period of not less than 90 calendar days from the date of this submittal. Thank you for reading this proposal. I look forward to answering any questions you have and, if necessary, tailoring the proposal to meet the City's exact needs. Sincerely, Terry Madsen President, ClearSource Financial Consulting Proposal — Comprehensive Fee and Rate Study ClearSource Financial Consulting 222 Contact and Legal Information for ClearSource Financial Consulting ClearSource Financial Consulting is a California corporation, properly formed and in good standing with the California Secretary of State. ClearSource is not a subsidiary of any "parent company'. Contact information for the company is as follows: Contact Information Legal Name: ClearSource Financial Consulting Contact: Terry Madsen Phone: (831) 288-0608 Fax: (831) 288-0718 Email: tmadsen@clearsourcefinancial.com Web: clearsourcefinancial.com Address: 7960 B Soquel Drive, #363 Aptos, CA 95003 ClearSource was founded in October 2011. Prior to founding ClearSource, Terry Madsen provided financial consulting services to local government agencies from October 2001 through October 2011 for the competing consulting firm, NBS. ClearSource provides the following services to local government agencies: • User and regulatory fee studies • Cost allocation and cost of service studies • Internal service fund rate studies • Water and wastewater rate studies Proposal — Comprehensive Fee and Rate Study ClearSource Financial Consulting to 223 5 Description of the Project Team Terry Madsen, MBA This project will be completed from start -to -finish by Mr. Terry Madsen. Mr. Madsen is the President and Principal Consultant of ClearSource Financial Consulting. He has spent the past ten years providing financial consulting services exclusively to local government agencies. In October, 2011 Mr. Madsen founded ClearSource Financial Consulting ("ClearSource'), a firm dedicated to providing local government agencies with premier financial consulting services. From October, 2001 to October, 2011 Mr. Madsen was employed by the competing firm, NBS. Mr. Madsen's depth of knowledge includes numerous service areas including user fee studies, overhead cost allocation studies, internal service fund rate studies, water and wastewater rate studies, and special financing district administration. During his career he has served the following agencies, among others: • The City of Chula Vista • The City of East Palo Alto • The City of Hesperia • The City of Indio • The City of La Habra Heights • The City of Long Beach • The City of Los Angeles • The City of Napa • The City of Oakdale • The City of Sacramento • The City of San Carlos • The City of Santa Paula • The City of Sierra Madre • The City of Taft • The City of Ventura • The Town of Atherton Mr. Madsen has worked closely with every level of the public body including property owners, community organizations, council members, special commissions, city managers, all members of the city finance team, directors of every agency department, management analysts, and the direct service staff that are the primary contact points for members of the community, such as inspectors, plan reviewers, recreation coordinators, maintenance personnel, and records staff. Mr. Madsen's experience in user fee and overhead cost allocation studies includes all phases of the work, from project initiation to completion and presentation of final findings. He has examined building fees, planning fees, engineering and land development fees, recreation and community services fees, police fees, fire fees, NPDES inspection fees, library fees, public health fees, graffiti abatement fees, animal control fees, code enforcement fees, and administrative fees. He has calculated cost allocation and internal service fund charges for support service departments such as City Council, City Management and Administration, City Clerk, City Attorney, Finance, Human Resources, Information Technology, Fleet and Facilities Maintenance, and Risk Management. Mr. Madsen received his undergraduate degree (Cum Laude) from Cal Poly, San Luis Obispo. He was awarded a Bachelor of Science in Business Administration with a Finance Concentration and an Economics Minor. He received his graduate degree from California State University, San Bernardino. He was awarded a Master of Business Administration with an Entrepreneurship Concentration. Proposal — Comprehensive Fee and Rate Study ClearSource Financial Consulting - q 224 Scope of Work and Work Plan Healthy, vibrant cities evolve over time. They evolve to respond to the changing needs of citizens, changes in regulations, and changes in local and regional economies. As these changes occur it is prudent for a city to re-examine its costs of providing services. Identifying costs and making deliberate policy decisions about the recovery of costs helps a city maintain fiscal ` sustainability. Work Plan The following highlights the work plan ClearSource will use to complete all requirements of the City's Scope of Work for this comprehensive fee and rate study: Step 1: Develop Understanding of the Organization and Gather and Review Data The purpose of Step 1 is to ensure that ClearSource has a proper understanding of the departments responsible for providing fee related services, any known deficiencies in current systems or fees, and any areas of specific focus for the study. To accomplish this, ClearSource will: • Review and interpret all readily -available and published data sources such as the City's adopted budget, fee schedules, prior fee study, etc. • Meet with representatives of all departments that provide fee services examined as part of this study. • Gather any relevant data contained or managed at the departmental level (e.g. permit volume statistics, department specific organization charts, time tracking information, etc.). • Prepare questionnaires and conduct interviews intended to gather any remaining organizational information required to complete this study. Step 2: Develop Cost of Service Models The purpose of Step 2 is to prepare the analytical models that will serve as the foundation for all outcomes of this study. The models will be specifically tailored to meet the needs of the City of La Quinta. They will be used to identify the full cost of providing user and regulatory fee services at the program and individual fee category level. To accomplish this, ClearSource will: • Use the information gathered in Step 1 to populate Excel -based, formula -driven, updatable models that will be delivered and become property of the City for its use and future update. • User/regulatory fee cost of service models will: o Allow for the addition, removal, and adjustment of costs o Consider all direct and indirect personnel, operations, and citywide overhead costs eligible for inclusion in the cost of service calculations o Calculate composite fully -burdened hourly rates for each functional division that provides user or regulatory fee services Proposal — Comprehensive Fee and Rate Study ClearSource Financial Consulting - 22Y o Calculate the full costs of providing fee related services and compare that to current fee and revenue levels to determine cost recovery levels at the program and individual fee level Step 3: Prepare Fee Comparison Examination and comparison of agency fees to those imposed by neighboring or similar jurisdictions is often a critical component to the successful completion of a fee study. Although fees imposed by other jurisdictions have no link to the City of La Quinta's costs of providing services, frequently, a City's department representatives and elected officials will use the fees imposed by other agencies to assist in setting their own targeted cost recovery levels. In order to accomplish this task, ClearSource will: • Work with the City to determine appropriate comparison agencies and fees to consider for comparison • Gather all available data from comparison agencies and document and deliver findings to be used by the City's department representatives and the City Council Step 4: Document Findings and Prepare Fee Schedule ClearSource will prepare user and regulatory fee reports that include: • Overview of the study purpose and methodology • Identification of data sources • Forecasted revenue impacts to the City's General Fund • Detailed presentation of the analytical outcomes of the study • Updated schedules of user and regulatory fees Step 5: Present Findings to Stakeholders and the City Council During its March 20, 2012 meeting the City Council authorized staff to move forward with requesting proposals for a user fee study. The authorization was in response to various revenue alternatives presented to the City Council for discussion and consideration. Completing this study, and presenting its findings and outcomes will provide the City's elected officials with the information they need to make critical polity decisions regarding recovery of user and regulatory fees. Accordingly, ClearSource will prepare presentation materials and present findings to selected stakeholder groups and the City Council. Step 6: Transfer Study Materials to the City ClearSource will deliver four bound, one unbound copy, and a single PDF file of the final versions of study materials to the City. The City will also receive electronic, working (not read-only) versions of the cost of service models, and fee schedules. The electronic information will be provided to the City on a USB flash drive or via email. The information delivered shall be the property of the City. Proposal — Comprehensive Fee and Rate Study ClearSource Financial Consulting p 26 Step 7: Provide On -Site Training ClearSource will provide on -site training to encourage the likelihood of the City's future in-house maintenance and update of the cost of service models, and fee schedules. Step 8: Serve as an On -going City Resource Regarding the Study City staff may have questions about study outcomes or updating the Excel models -long after the study is complete. ClearSource will serve as an expert resource regarding any questions received from City staff regarding the outcomes and models developed as part of this study. Approach to Managing the Project and Implementation Plan Proper project management is critical to the successful completion of this study. The consequences of a poorly managed project include unnecessary drains on City labor resources, delayed timelines, disruption of the City's ability to properly budget for the coming fiscal year, and potential loss of revenues. ClearSource makes the following commitments to the City of La Quinta regarding project management and implementation: ClearSource is committed to providing premier financial consulting services that are specifically tailored to the needs of each agency it serves. Consequently, if the City desires alternatives to the project management and implementation plan recommendations made above, ClearSource would be glad to discuss the City's requests to determine how we can meet the needs of La Quinta. Proposal— Comprehensive Fee and Rate Study ClearSource Financial Consulting 9 n 227 Methodology for Soliciting the Views of Stakeholders ClearSource's methodology assumes at least six meeting days with stakeholders to ensure that they understand the study process, have a chance to provide feedback on draft outcomes, have a chance to discuss practical implications of fees they set or charges they impose, and can ultimately rest easy knowing that they participated in an analytical process intended to calculate the City's true costs of providing services. Providing significant opportunity for stakeholder involvement is particularly important in this study, since the City's prior fee study was completed more than fifteen years ago. Proposal — Comprehensive Fee and Rate Study ClearSource Financial Consulting �l + N ��v O Project Schedule The City's Request for Proposal contains a fourteen step Scope of Work. ClearSource will complete the entire Scope of Work requested by the City. The following table identifies the general tasks and deliverables to be completed by ClearSource and a timeline identifying the completion date for each task/deliverable. Assuming project commencement on May 16, 2012, ClearSource's proposed timeline will have final findings and reports prepared for presentation to stakeholders by July 16, 2012. ClearSource's proposed timeline assumes presentation of findings to the City Council on September 18, 2012. �Aoivuu gyve....r,.,u*"wt, On -Site Meeting - Review Preliminary Cost of Service Findings/Assumptions and Fee Comparison Update Draft Cost of Service Models Based on Meelrg Feedback ... _ _ .....:._.. ____ On Site Meeting Review Final Draft Cost of Service Findings Based on Meetir Feedback 11 Preparation of User Fee Study Report and Fee Schedule • Meetings only required for departments that are unable to attend meeting scheduled during prior week. Week 1 Week l Week 1(Week 2*) Weeks 2 - 4 Weeks 2 4 Week 5 Week 7 weexs t - u Weeks 7 - 8 TBD Week 19 Week 20 _.._. _...., Week 20 Proposal —Comprehensive Fee and Rate Study _ q ClearSource Financial Consulting 229 The following table identifies the project timeline in chart format. 2A�eku! 5/30/12 5/21/12 5/211M 6/4/ 6/I]/12 61IM12 6/25/12 ]%2/12 7/9/12 1BD 9/17/12:. Preparation for Initial Meetings On3lte Meeting-ptu}e ClBltlatien On -Site Meeting Divisional Meetings Da4 GathentgatM ReMetV. Development of Cost of Service Models CunduR Fee Comparson; - On -Site Meetng ReviewC st fService Findings and Fee Comparison UpEahs Based on MeetlN"feedbasi<' On -Site Meeting- Review Final Draft Cost of Service Findings Updates YO(gSt Of$GNI(a MMiGl and - TargetedFee Levels . � Prepam'FinalR potand Fee Schedule OnSae Meetlng-Pteunt Kee Study ReportsndFee, Sdretlulero City Staff On -Site Meeting(s) ,presentation of Findings to Stakeholder Groups _ .. On.Sito.Meetin6. Prexntahonof nnQngs Ra Cl1,"ncil Updates Based on Cound l Feedback TrensfeiKilesto City _ On -Site Meeting Training ofCty Staff Proposal — Comprehensive Fee and Rate Study ClearSource Financial Consulting -. q 2Jb Requirements of City Staff The primary responsibilities of City Staff for this project will be to provide: • project management services and direction • institutional knowledge and expertise at the divisional level • review of findings • feedback regarding targeted cost recovery levels • support during the legislative process (i.e. attend Public Hearing to adopt fees) The table below identifies the requirements and responsibilities and anticipated labor effort required for City staff in order to successfully complete the tasks identified in the Scope of Work. Proposal — Comprehensive Fee and Rate Study ClearSource Financial Consulting +i 13 231 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is Ten Thousand Nine Hudred Fifty Dollars ($10,950) ("Contract Sum"). The Contract Sum shall be paid in full upon completion of the study. 232 Project Budget The project budget for this study is $10,950. This is a "not -to -exceed" fixed fee that includes all associated fees (i.e. printing costs, attendance at meetings and travel). The budget assumes 73 project hours billed at $150 per hour. At no time will ClearSource Financial Consulting request payment in excess of the amounts shown below. 1 Review Current Fee Schedule / Prepare for Initial Meetings 2 $ 150 $ 300 2 On -Site Meetings With FEeRetated service Providers'toSain 6 $ 150 S 960 tlnderstanding of City's Practices and Operations 3 Gather Financial and Statistical Information 2 $ 150 $ 300 4 .., . .. .a.. _,..._._. _.... .._... , Prepare Questionalres and Conduct On Site interviews Wiih City Staff to _,._,..._._ _ 6 ._ $ 150 _ . ... $ 900 wu Gather Data that W I Suppienient Financial and $tatistica[ tnfolemation _ 5 Develop User/Regulatory Fee Cost of Service Models 16 $ 150 $ 2,400 6 ..-.. .. ._.. wit -..Div_.._ On -Site Meetings h isions to Rebel a T eidback Regarding Draft . .,, -; 3 .,. _._.. _ $ 150 ., . ...:_ $' 450 Findings 7 Update Draft Outcomes Based on Meeting Feedback 3 $ 150 $ 450 B Conduct fee Comparison „ 3 $ . 150 SZ 450 9 On -Site Meeting With Divisions to Present Final Draft Findings and Fee 3 $ 150 $ 450 Comparison Information ifl Update Outcomes Based ;on Feedback Received Dunng Meetings 3 $ ..150 $ 450 11 Prepare User Fee Study Report and Fee Schedules 16 $ 150 $ 2,400 12 On -Site Meeting With Divisions to Present Report and Fee Schedpies 3 .$ , . 150 5 , r 450 13 Preparation and Presentation of Findings to Stakeholder Groups and City 4 $ 150 $ 600 Council 14 Update Outcomes Based an Feedback Received V lid City CouncO i $ : ISO $ _ - 150. Meeting , 15 Transfer Hardcopy and Working Electronic Files to City - $ 150 $ - 15 On•SiteTrainng:` ,2 $ 150 $ = .300 Proposal —Comprehensive Fee and Rate Study ClearSource Financial Consulting 233 1 Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance with the attached Project Schedule, attached hereto and incorporated herein by this reference. " 234 Exhibit D Special Requirements None. -.N 235 Tity/ 4 4 Qum& CITY SA/HA/FA MEETING DATE: May 15, 2012 ITEM TITLE: Consideration of a Resolution Revising Facility Use Fees for Park and Facility Rentals, Initiating Youth Player Fees for Sports Facilities, and Revising Fees for the Senior Center Luncheons and Bridge Groups RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 611 t1j U&1961 Win PUBLIC HEARING: Approve a Resolution revising facility use fees for park and facility rentals, youth sports fees for City owned or maintained sports facilities, and revised fees for Senior Center luncheons and bridge groups. FISCAL IMPLICATIONS: Dependent on the fee recommendations approved by the City Council, the park and facility rental fees would increase revenue approximately $15,000 annually. Dependent on the option approved by the City Council, the youth sports fees could increase revenue by $75,000 to $105,000 annually and an additional $13,200 annually from an increase in non -sanctioned competitive teams using La Quinta fields. Dependent on the fee .recommendation approved by the City Council regarding the Senior Center luncheons and bridge group fees, revenue would be increased at the Senior Center approximately $6,200 annually. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW Facility Use Policies (La Quinta Park, Fritz Burns Park, Civic Center Campus, Senior Center). The current classification of groups for the Civic Center Campus, Fritz Burns Park, La Quinta Park, and the Senior Center are as listed in the current Facility Use Policies: .'a 236 CLASSIFICATION OF GROUPS Class I: La Quinta youth (18 and under), 501(c)(3) recreation organizations Class II: La Quinta non-profit organizations and community -based organizations Class III: La Quinta residents and Desert Sands Unified School District (DSUSD) organizations Class IV: La Quinta business and profit organizations and non-residents Park Rental Fees The Civic Center Campus park rental fees were enacted on August 6, 2002, and have remained the same since oriainaliv aooroved. Civic Center Gazebo & Amphitheater CLASS I CLASS II CLASS III CLASS IV (50 people or less) Current rate $50/hour $75/hour $100/hour $150/hour Recommended rate No Change No Change $125/hour $175/hour On June 21, 2005, City Council approved a revision to the Facility Use Policy to increase the Fritz Burns Park and La Quinta Park rental rates for Class IV (La Quinta businesses and non-residents) from $50 to $60 per 4-hour rental. Class I through III park rental fees have remained the same since the initial policy was enacted. La Quinta Park & Fritz Burns Park CLASS I 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 (4 hours) $90 (4 hours) Over the last several years there have been an increased number of rental requests for usage of City parks and facilities. Requests from non-profit organizations for use of La Quinta Park, Fritz Burns Park, and the Civic Center Campus for large charity events are increasing. The non-profit fundraising events have an attendance of well over 100 people, and therefore have a greater impact on the maintenance of park facilities. The current rental rates and deposits for these park locations were established for small park rentals of 50 people or less. La Quints 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 1 CLASS II CLASS III CLASS IV with 100 people or more) Current rate None None None None Recommended rate None $150/hour None None +$200 deposit It 237 On September 12, 2011, due to the increased cost for maintenance of facilities and parks, the Community Service Commission approved the above facility and park fee recommendations. If approved by Council, implementation of new park rental fees would be effective July 1, 2012. Facility Rental Fees On April 1, 2008, City Council approved a revision to the current Facility Use Policy to increase the Senior Center Multi -Purpose Room facility rental rates for Class III (La Quinta residents) from $90 to $100 per hour and Class IV (La Quinta businesses and non-residents) from $100 to $125 per hour. Class I and 11 rental fees have remained the same since the initial policy was enacted but are rarely rented. Senior Center Multi -Purpose Room CLASS I 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 If approved by Council, implementation of, new facility rental fees would be effective July 1, 2012. Youth 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 facilities. 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. Indio and Palm Desert are also considering a fee for youth sports field use. 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 sports lighting. The City pays for the water at La Quinta Park. The water at the Sports Complex and Colonel Mitchell Paige are paid by Desert Sands Unified School District as part of the Joint Use Agreement. This cost does not include indirect costs of contract management by staff or park equipment repair and replacement funding. The reserved and scheduled use of City owned sports fields provides 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. 4 238 The recognized City sanctioned youth sports associations are La Quinta American Youth Soccer Organization (AYSO), La Quinta Youth and Sports Association (LQYSA), 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. 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. 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 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 Youth 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 If approved, a youth sports player fee 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 soccer recreation league. If players choose to play an extended season in the 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 season is optional and separate from the regular recreational sports season. Once registrations are accepted by the sports association each season, a seasonal payment would be made to the City to defray the ongoing costs of field maintenance. Staff has begun communication efforts with the local sports association board members and if approved by the City Council, the new fee would be effective March 1, 2013. 239 On March 12, 2012 the Community Services Commission recommended increasing youth player fees by 30% of the cost of maintenance and asked staff to work with the Palm Desert La Quinta Football (PDLQ) on a reduced rate as a result of the dual city shared field use. PDLQ uses the La Quinta sports fields for approximately eight weeks and Palm Desert sports fields for the other eight weeks of the season. 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 the local sports associations. Based on the increased cost to maintain sports fields and to recoup some of the costs of sports field maintenance and lighting, staff is suggesting the City Council consider the current fee of $5 per hour be increased to $25 per hour. This is based on the annual cost of sports fields of $300,000 per year estimating approximately 1,200 rentable hours on the 10 sports zones (three zones at La Quinta Park, five zones at Colonel Mitchell Paige, and two zones at the Sports Complex) is a cost of $25 an hour. In reviewing the historical use of the sports fields by these outside groups, the revenue would increase from $3,300 in 2011 to $16,500 annually. On March 12, 2012 the Community Services Commission recommended the approval of $25 per hour for non -sanctioned competitive team fees. If this fee is approved by the City Council, the new fee would be effective July 1, 2013. Senior Center Luncheons The Senior Center provides catered luncheon meals once a month as part of the event programming for senior participants. There is a $2 charge per person to attend these luncheons with an attendance of 100 people. The meals are provided by local restaurants or caterers and cost the City approximately $10 per person for the luncheon with a total cost of $1,000 per event. At the current $2 per person charge, the Senior Center is generating approximately $200 per luncheon in revenue ($2,400 per annually) to help defray the cost of these meals which the City is subsidizing for approximately $9,600 annually. If the City Council were to consider an increase in cost to participants to $4 per person, it would allow the City to generate approximately $4,800 annually to reduce the subsidy of the annual luncheon costs to approximately $7,200 annually. This fee could also be implemented by increasing it $1 annually over a two-year period. Bridge Programs The Senior Center organizes duplicate, social, and American Contract Bridge League (ACBL), which is played 3 times a week or 12 hours per month. Bridge players pay $3 for duplicate and social bridge and $7 for ACBL per person. The City receives $1.50 for duplicate and social bridge and $1.75 for ACBL per person per time which equates to approximately $7,200 annually in revenue. 240 If the City Council were to consider an increase then the City would receive a $2.50 fee per person per time from all three of the bridge groups. This fee would increase the revenue from $7,200 to $11,000 annually. On March 12, 2012 the Community Services Commission recommended the increase in the Senior Center luncheon fee and the bridge group fee. If these fees are approved by City Council the effective date for the luncheon fee and the bridge group fee would be effective January 1, 2013. All of the above fees have been reviewed by the Community Service Commission and approved for recommendation to the City Council. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Resolution revising the park and facility rental fees, initiate youth sports fees for City owed or maintained sports facilities, and revise the fees for the Senior Center luncheons and bridge groups; or 2. Do not approve a Resolution revising the park and facility rental fees, do not initiate youth sports fees for City owed or maintained sports facilities, and do not revise the fees for the Senior Center luncheons and bridge groups; or 3. Provide staff with alternative direction. Respec ully submitted, k�'-4 � Edie Hylton Community Services Director Approved for submission by: �� Mark Weiss, Interim City Manager 241 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING FEES AND CHARGES FOR PUBLIC FACILITIES INCLUDING THE SENIOR CENTER, CIVIC CENTER CAMPUS, FRITZ BURNS AND LA QUINTA PARKS AND LA QUINTA SPORTS FIELDS WHEREAS, the City Council of the City of La Quinta recognizes the benefit to the community that is provided by the availability of facilities to be used for park and facility rental needs and the use of sports fields by area youth; and WHEREAS, the City Council desires to regulate facility use fees and policies governing facilities and to provide guidelines to City staff to monitor scheduling and use of facilities, ensuring maintenance and use policies are enforced; and WHEREAS, the City Council has approved Facility Use Policies for the public facilities and will approve the Facility Use Policies for Parks and Facility Rentals and implementing Youth Sports Fees NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: CLASS I CLASS II CLASS III CLASS IV La Quinta Park & Fritz Burns Park $50 (4 $50 (4 $65 (4 $90 (4 Park Parties (50 people or less) hours) hours) hours) hours) Civic Center Gazebo & $50/hour $75/hour $125/hour $175/hour Amphitheater (50 people or less) La Quinta Park & Fritz Burns Park $50/hour (Non-profit events with 100 people None +$100 _ None None or more) deposit Civic Center Campus (Non-profit $150/hour events with 100 people or more) None + $200 None None deposit Senior Center Multi -Purpose Room $55/hour $75/hour $125/hour $175/hour Park Rental Fees and Facility Rental Fees will be effective July 1, 2012. Youth Player Fees Resident Youth $25 annually Non -Resident Youth $35 annually Youth Player Fees will be effective March 1, 2013. ..0 242 Resolution No. 2012- Facility Fees and Charges Adopted: May 15, 2012 Page 2 Non Sanctioned Competitive Teams 1 $25 per hour Non Sanctioned Competitive Teams Fees will be effective July 1, 2013. Senior Center Luncheons 1 $4 per person Senior Center Bridge Programs $2.50 per person per time from all bridge groups Senior Center Luncheons and Bridge Program Fees will be effective January 1, 2013. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15t" day of May 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney DON ADOLPH, Mayor City of La Quinta, California -,A 243 Resolution No. 2012- Facility Fees and Charges Adopted: May 15, 2012 Page 3 City of La Quinta, California 244 FA MEETING DATE: May 15, 2012 ITEM TITLE: Consideration of Selection of a Representative to the Chamber of Commerce Workshop/Information Exchange Committee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 7- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of a member of the City Council to serve on the Chamber of Commerce Workshop/Information Exchange Committee for three consecutive meetings. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council has established a policy of appointing one of its members to serve on the Chamber Workshop Information/Exchange Committee for three consecutive meetings. Council Member Franklin was the last Council appointee to this Committee and has attended three meetings (the meetings are held bi-monthly). The rotation of appointees has been as follows: Council Member Franklin (12/6/201 1) Mayor Adolph (5/17/2011) Council Member Henderson (11/16/2010) Council Member Evans (5/18/2010) Mayor Pro Tem Franklin (11/17/2009) Mayor Adolph (5/19/2009) Council Member Kirk (1/19/2009) N 245 Mayor Pro Tem Henderson (10/7/2008) Council Member Osborne (3/18/2008) Council Member Sniff (10/2/2007) In order to continue this policy, a new Council representative should be appointed at this time. The next meeting is tentatively scheduled for Monday, July 2, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a new Council Member as a representative to the Chamber of Commerce Information/Exchange Committee Workshop; or 2. Do not appoint a new Council Member as a representative to the Chamber of Commerce Information/Exchange Committee Workshop; or 3. Provide staff with alternative direction. Respectfully submitted, i& - 2 �la,,) Maria asillas Marketing/Economic Development Manager Approved for submission by: Mark Weiss, Interim City Manager a 246 T-Wr 4lwR COUNCI SA MEETING DATE: Mav 15, 2012 ITEM TITLE: Consideration of an Ordinance Amending Title 2 of the La Quinta Municipal Code to Revise Chapter 2.10 (City Clerk) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: A. Motion to take up Ordinance No. , an Ordinance amending Chapter 2.10 of the La Quinta Municipal Code (by title and number only and waive further reading. B. Motion to introduce Ordinance No. , on first reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council adopted Ordinance No. 334 on August 3, 1999, which amended Chapter 2.10, Section 2.10.30 Functions, of the La Quinta Charter and Municipal Code (Attachment 1). Ordinance No. 334 amended the Municipal Code changing the reporting relationship of the City Clerk from the City Council to the City Manager. The proposed Ordinance would make the corresponding amendment to Section 2.10.20 Compensation, to reflect the change in responsibility for setting the compensation and expense allowance for the City Clerk from the City Council to the City Manager. v 24 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: A. Motion to take up Ordinance No. , an Ordinance amending Chapter 2.10 of the La Quinta Municipal Code, by title and number only and waive further reading. B. Motion to introduce Ordinance No. , on first reading; or 2. Do not introduce Ordinance amending the Municipal Code: or 3. Provide staff with alternative direction. Respectfully submitted, 44tiY- 4Y4�� Terry L. beeringer, H an Resources/ General Services Manager Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Ordinance No. 334, dated August 3, 1999 2. Redlined Title 2, Section 2.10.20 248 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.10 (CITY CLERK) OF THE LA QUINTA MUNICIPAL CODE, DESIGNATING THE CITY MANAGER TO SET COMPENSATION AND EXPENSE ALLOWANCE FOR THE POSITION OF CITY CLERK WHEREAS, the City has found language in need of revision in the La Quinta Municipal Code (Code), Title 2, Chapter 2.10, Section 2.10.020 regarding designation by the City Council of compensation and expense allowance limits for the position of City Clerk; and WHEREAS, the City changed the reporting relationship of the City Clerk from the City Council to the City Manager on August 3, 1999; and WHEREAS, the City wishes to change the responsibility for setting compensation and expense allowance for the City Clerk from the City Council to the City Manager to correspond with the 1999 change; and WHEREAS, the City believes that this change is in the best interest of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Section 2.10.020 of the Code, CHAPTER 2.10 CITY CLERK is hereby amended To delete from Section 2.10.020 Compensation, the words "city council" twice and replace with "city manager." The amended section reads as follows: 2.10.020 Compensation. The city clerk shall receive such compensation and expense allowance as the city manager from time to time determines, and such compensation shall be a proper charge against suchJunds of the city as the city manager designates. SECTION 2. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after its adoption. 249 Ordinance No. Title 2 Amendment Regarding City Clerk Compensation May 16, 2012 Page 2 of 2 SECTION 3. PUBLICATION. The City Clerk shall, within 15 days after the passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 5t" day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Susan Maysels, Interim City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta California '.9 250 ATTACHMENT ORDINANCE NO. 334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, AN AMENDMENT TO THE LA QUINTA CHARTER AND MUNICIPAL CODE AMENDING CHAPTER 2.08 (CITY MANAGER) AND CHAPTER 2.10 (CITY CLERK) WHEREAS, Section 2.08.060 and 2.08.080 of Chapter 2.08 and Section 2.10.030 of Chapter 2.10 of the La Quints Municipal Code (the "Code") concern the City of La Quints's (the "City") City Manager and City Clerk; and WHEREAS, the City will change the reporting relationship of the City Clerk from the City Council to the City Manager; and WHEREAS, the City will realize a salary savings from this change in reporting relationship; and WHEREAS, the City believes that these changes are in the best interest of the citizens of the City of La Quints. NOW, THEREFORE, the City Council of the City of La Quints does ordain as follows: SECTION 1. AMEND CHAPTER 2.08 CITY MANAGER OF THE CODE AS FOLLOWS: city clerk." Delete from 2.08.060 Powers and Duties, section B the following: "and The amended section reads as follows: B. Appoint, remove, promote, and demote any and all officers and employees of the city except elective officers and the city attorney, subject to all applicable rules and regulations which may be adopted by the city council; SECTION 2. DELETE FROM 2.08.080 DEPARTMENTAL COOPERATION THE FOLLOWING: "AND CITY CLERK" The amended section reads as follows: It shall be the duty of all subordinate officers and the city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. .. ° 251 Ordinance No. 334 Amending Chapter 2.08 & 2.10 Adopted: August 3. 1999 (effective 9/16/99) Page 2 SECTION 3. AMEND CHAPTER 2.10 CITY CLERK OF THE CODE AS FOLLOWS: Delete from 2.10.030 Functions, section 86 the following: "in conjunction with the city manager." The amended sections reads as follows: B6. Prepare the council agenda SECTION 4. DELETE FROM 2.10.030 FUNCTIONS, SECTION B9 THE FOLLOWING: "ADVERTISING" AND REPLACE WITH "NOTICING." The amended section reads as follows: B9. Be responsible for the publication of all the official noticing of the city; SECTION 5. DELETE FROM 2.10.030 FUNCTIONS, SECTION 12 THE FOLLOWING: "COUNCIL" AND REPLACE WITH "MANAGER" The amended section reads as follows: 12. Perform such other duties consistent with this code as may be required of the city clerk, by the city manager. SECTION S. EFFECTIVE DATE: This Ordinance shill be in full force and effect September 15, 1999. SECTION 7. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. a 252 Ordinance No. 334 Amending chapter 2.09 a z.1 O Adopted: August 3, 1999(effeadve 9115/99) Page 3 PASSED, APPROVED and ADOPTED this 3rd day of August, 1999, by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None SAUNDRA L. JUHOLA, City Clerk City of La Quints, California APPROVED AS TO FORM: DAWN C. HONEYWEW, City Attorney City of La Quints, California 4, () L- JOH1'r.1.46ERA, M yar City of La Quinta, California •'a 253 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ► I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 334 which was introduced on the 2e day of July, 1999 and was adopted at a regular meeting held on the 3rd day of August, 1999 not being less than 5 days after date of introduction thereof. I further certify that the foregoing ordinance was posted in three (3) places within the Cit of La Quints as•specified in a resolution of the City Council. 'SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby cert that the foregoing ordinance was posted on August 6, 1999 pursuant to City Co ciI Resol ion. AUNDRA L. JUHOLA, City Clerk City of La Quinta, California 11 254 ATTACHMENT 2 La Quinta Municipal Code Title 2 ADMINISTRATION AND PERSONNEL Chapter 2.10 CITY CLERK 2.10.020 Compensation. The city clerk shall receive such compensation and expense allowance as the city seune4—city manager from time to time determines, and such compensation shall be a proper charge against such funds of the city as the eity—eounemi�-- manager designates. (Ord. 2 § 1 (part), 1982) 2g5 ID � CITY / SA / HA / FA MEETING DATE: May 15, 2012 ITEM TITLE: Consideration of. Appointment of City Manager and Approval of Employment Agreement for Selected City Manager Candidate RECOMMENDATION: Appoint the selected City Manager effective June 4, ("Agreement") between the candidate. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: If CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Manager candidate ("Selected Candidate") as City 2012, and approve the Employment Agreement City of La Quinta and the selected City Manager Adequate funds have been budgeted in Account No. 101-1002-413.10-01, City Manager's Office -Salaries, Permanent Full -Time, for Fiscal Year 2012/2013. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At a Special Meeting on May 4, 2012, the City Council interviewed seven potential candidates for the position of City Manager. During the closed sessions scheduled for May 15, 2012, the City Council hopes to complete the process and be in a position to appoint a new City Manager during the consideration of this business item. The Draft Employment Agreement (Attachment 1) sets forth some of the terms of employment. However, additional terms will be announced by the City Attorney during the consideration of this item and will be filled in prior to the execution of the Agreement. 256 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint the Selected Candidate as City Manager effective June 4, 2012, and enter into an Employment Agreement between the City of La Quinta and the Selected Candidate; or 2. Do not appoint the Selected Candidate as City Manager and do not enter into an Employment Agreement between the City of La Quinta and the Selected Candidate; or 3. Provide staff with alternative direction. Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Draft Employment Agreement •. is 257 ATTACHMENT EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the "Agreement") is made and entered as of June 4, 2012 (the "Effective Date"), by and between the City of La Quinta, a public body (the "City" or "Employer"), and an individual (the "Employee"), both of whom understand as follows: P17w,L&I94i:R WHEREAS, the City desires to employ Manager as provided by the La Quinta Municip WHEREAS, it is the desire of the:C_ ity to employment and to set working conditions',of Er WHEREAS, Employee desires to accept',em City. NOW, THEREFORE, in consideration of the the parties agree as follows: Section 1. of Employee as the City as certain conditions of of said I covenants herein contained, A. Employer"hereby agrees to employ Employee as City Manager of said ry'v� City to perform the fun'ctionsjand duties specified in the La Quinta Municipal Code and as provided by -state andfederalaaw,an&:to, perform other legally permissible and proper duties and functions as,the City Council shall from time to time assign. ,f 4` B ,'!Employee, with;pnoi`wri#ten approval of the City Council, may undertake outside professional activities for 'compensation, including teaching, speaking and writing, provided whey do notlinterfere with Employee's normal duties and are done only during vacation�,or other, non -working time of Employee and are not done with any existing vendorszor contractors of the City. Under no circumstances shall such outside activity create -a' conflict of interest with the duties of the City Manager and the interests of the City. `�' Section 2. Term. A. The term of this Agreement shall be from June 4, 2012 through and including June 3, 2015, unless earlier terminated as provided herein. Thereafter, the parties may renew the Agreement pursuant to their mutual agreement. ." 258 B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council acting for the City to terminate the services of Employee at any time, with or without cause, subject only to the provisions set forth in Section 4, paragraphs A, B and D of this Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, Paragraph E, of this Agreement. Section 3. Administrative Leave with Pay. Employer may place Employee on benefits at any time during the term of thi placing Employee on Administrative Leave potential wrongdoing, and after that inest involving abuse of his/her office or positi Section 53243, Employee shall be required benefits received while on Admmistrative position" shall be as defined in',Governm amended.. v Section 4. T s AdministratiV,a% Leave with full pay and ,Agreement However, if the purpose of W ith Pay is to conduct an investigation into igation, Employee s "oonvicted of a crime on,,. -then: pursuant to Government Code to fully` reimburse City fli any salary or Leave With Pay. "Abuse of office or ent Code :Section 53243.4, as may be A. In the event, Employee is terminated by the City Council during such time that Employee is_willing-and, able to perform his/her duties under this Agreement, then Employer agrees to;paay Employee a "lump sum'cash payment equal to 12 months of salary if.the` termination occurs, prior to.. June' 3, 2013. If the termination occurs thereafter),,then Employer'agrees,to, pay Employee a lump sum cash payment equal to either six'rnonths' salary.Qr the salary for the remaining term of this Agreement, whichever isz:14ss. Pursuant -to Government Code Section 53243.5, if Employee is later convicted'of. a crime involving abuse of office or position, then any severance paid under this Section 4.A shall be returned by Employee to Employer. B. Employee may -'"be terminated at any time for willful misconduct as defined in Section 2.08:'1'60 of the City's Municipal Code or for abuse of his/her office or position as defined in Government Code Section 53243.4 as may be amended. The determination of what constitutes willful misconduct shall be within the sole discretion of the City Council, provided that it shall relate to the welfare of the City. Willful misconduct includes conduct directly related to conduct in office and the duties of the office. It also includes conduct not directly related to the performance of the official duties of the office when such conduct has a direct and harmful effect on the welfare or reputation of the City. Evidence of such direct and Q 259 harmful effects includes, but is not limited to, conviction of a felony or a crime of moral turpitude. Employee shall be entitled to the right to a hearing as provided in Sections 2.08.100 through 2.08.150 of the Municipal Code prior to termination under Sections 4.A and 4.13 of this Agreement. In the event that Employee is terminated for willful misconduct or abuse of office or position, City shall have no obligation to pay and shall be prohibited from paying, the severance sum designated in Section 4.A above, or any severance sum at all. C. Nothing in this Agreement shall prohibit:' Employer from imposing discipline less than termination upon Employee, ;including written reprimands, suspensions, or reductions in pay. Employee shall not be entitled to any due process as a result of the implementation of discipline _less„than`temination. e; D. In the event: (1) Employer at any time during theterm of this Agreement reduces the salary or other financial benefits. of Employee (other than a suspension of five (5) working days or less or a tempora- eeductiorf'in salary of4thirty (30) days or less) in a greater percentage than an applicable across-the-board,,reduction for all 41, employees of Employer; or (2) Employer refuses,..,fiollowing written notice, to comply with any other provisions benefixin`g=;Employee herein; or (3) Employee resigns following a formal suggestion by t iee City,Cguncil that —he/she resign, then Employee may, at his/her option, be,,deemed to ",be ,terminated" as of that time, and shall be entitled to the severance�proirAsions of Section' 4.A,above E. In the event Employee voluntarily resigns his/her position with Employer before expiration of the above referenced term, of his/her employment, then Employee shall give Employer -sixty'(60)=days' notice inadvance, unless the parties otherwise agree, ,and, Employee shall net be. *e entitled ny severance pay. Section If Employee .is permanently disabled or is otherwise unable to perform his/her duties because of ,sickness,; accident, injury, mental incapacity or health for a period of six (6) successive weeks :beyond any accrued sick leave to which Employee is entitled, or for the legal duration of the Family & Medical Leave Act (whichever is greater), Employer shall have the option to terminate this Agreement. Termination pursuant to this Section would not subject the City to payment of severance benefits as specified under Section 4.A above. However, Employee shall be compensated for any accrued, vacation, holidays, administrative leave and other accrued benefits on the same basis as any other employee of the City pursuant to the Personnel Rules. 260 Section 6. Salary. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $ , effective June 4, 2012, payable in equal installments at the same time as other employees of the Employer are paid. Employer agrees to review said base salary and/or other benefits of Employee at the time of an annual evaluation which shall be initiated no later than the end of May, 2013. Employer may recommend adjustments to salary, and/or other benefits during the time period that the annual review is performed. Section 7., Hours of Work. In addition to working normal business'"hours, it is,recognized that Employee must devote time outside the normal ,office hours to business of the Employer. Employee shall have 80 hours of Administrative Leave, consistent with Section 14.30.1 of the City's Personnel Rules. For -partial calendar year`s;.the 80 hours shall be prorated. Employee may not ;be employed-' by, or;provide services;: to, any other entity while employed by the City. Section 8. City shall not;,,provideaa transportation allowance.-" Employee shall not be provided a City vehicle Employee shall be entitled to reimbursement for mileage for the use of Employee's automobile for City business at then -applicable IRS rate. v Section 9. Vacation, Be`reavement;'and Sick'Leave. Employee shall accrue, and ,have credited to his/her personal account, vacation, bereavement -and sick leave`�as provided for pursuant to the Personnel Rules. Section 10. Employee shall: be„provided with the same health, dental, vision, life insurance, and retirement benefits and rany future cost of living increases that occur after June 4, 2012, as other general 11 full time employees of the City. Employee may receive an annual physical examination at City expense. Section 11. Other Terms and Conditions of Employment. A. The City Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions •" 261 are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code or any applicable state or federal law. B. All regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they would to other full-time employees of Employer, in addition to the benefits specifically set forth herein for the benefit of Employee. C. Employee shall be entitled to a one in the amount of $ . The payment Section 12. Notices. Notices pursuant to this Agreem< of delivery; (2) facsimile transmission overnight delivery service with confin United States Postal Service, postage'p EMPLOYER: CITY OF I ;;; P.-O. Box EMPLOYEE: time.'payment for transition expenses shall-b5e;made on June 4, 2012. be given by: (11)�eimeil with verification , mfirmation; (3) personal delivery; (4) or, (5) �d'eposit m the,,,�Gustody of the ddressed as follows: Notice shall be deemed given. as of the date of personal, overnight delivery, email, or facsimile service or"'.as of "t66 date of deposit of such written notice in the course of transmission in the-1;United States Postal Service. Section 13. A. This Agreement shall constitute the entire agreement between the parties. No prior oral or written communications are incorporated herein. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. 262 C. This Agreement may be signed in counterparts with signature pages transmitted by email, facsimile, personal delivery or overnight delivery, all of which will be treated as originals. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of La Qt signed and executed in its behalf by its Mayor and the Employee has signed and executed,,t become effective as of the Effective Date , PLOYER: ATTEST: Susan Msysels, INTERIK City of La Quints, Califo (City Seal) ., APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California caused this Agreement to be y attested by its City Clerk, ment, both in duplicate, to QUINTA City of La Quinta `" 263 EMPLOYEE: GiR 264 AGENDA CATEGORY: CITY / SA / HA / FA MEETING DI1TE: Mav 15, 2012 BUSINESS SESSION: _ ITEM TITLE: Discussion of the Draft Fiscal Year 2012/2013 Economic Development Plan CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Discuss the draft Fiscal Year 2012/2013 Economic Development Plan. FISCAL IMPLICATIONS: The City Council recently discussed the Fiscal Year 2012/2013 budget and provided staff with direction to bridge a projected general fund deficit, which was largely brought about by the State's elimination of redevelopment. The draft budget did not include funding for specific economic development initiatives due to current fiscal constraints; however, it is anticipated that the coming year's economic development activities will be focused primarily on strategically positioning the City to act quickly when the economy does improve. Therefore, this year's economic development activities will consist of staff and consultant time, which is covered in the Fiscal Year 2012/2013 budget. If a compelling program or project surfaces during the year that would require City investment, staff will bring the item(s) before the Council for consideration. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities. The Charter allows the City "to utilize revenues from the General Fund to encourage, support, and promote economic development." It 265 BACKGROUND AND OVERVIEW: Since 1996, the City of La Quinta has adopted an annual Economic Development Plan which includes policies and activities to stimulate economic activity. The City has been very successful, as evidenced by the regional retail hub along the Highway 1 1 1 corridor; the popular events and activities in the Village; the increase of golf rounds at SilverRock Resort and the overall quality of development in La Quinta. However, the economic downturn of the past few years, coupled with the State's elimination of redevelopment, have taken a severe toll on the City's resources, causing a direct negative impact to the City's general fund. We are now limited on what we can offer in terms of economic development incentives. The "new world" will require creative thinking, innovative public/private partnerships, a renewed effort to market the City's key assets, and hands-on efforts to support our existing businesses. In the past few months, however, there has been some improvement in the economy. We have seen several new businesses open, we have issued more residential building permits than the same period last year, and we have been fielding phone calls and holding meetings with developers who are interested in SilverRock Resort and the Village for future development. Anticipating that the economy would someday improve, but would be different given the change in lifestyle preferences and the influence of technology, staff and RSG, Inc. embarked on a Retail and Consumer Trends Analysis, which was recently completed. Details are included in the draft 2012/2013 Economic Development Plan (Attachment 1). RSG analyzed national trends in the areas of Hotel/Hospitality, Golf, Retail, and Wellness/Health Care. Once this analysis was complete, staff and RSG conducted a series of meetings with local stakeholders and industry leaders. It was found that national and local trends mirror one another. There is an emphasis on "Placemaking" — creating a cultural and physical sense of place where people gather for events, recreation, and to enjoy specific land uses. Another trend is the focus and interest in being active and the attention to individual health and wellness. And, there is continued competition between traditional retailers and internet shopping, forcing aging centers and traditional retail outlets to reinvent themselves. The Retail and Consumer Trends Analysis provides a foundation and springboard to the City's Economic Development Plan. The overarching goals of the Economic Development Plan remain the same from year to year (and are listed below), but our approach will be a bit different from previous years. Marketing and promotion efforts will be more focused, given the streamlined marketing budget. Much of next year's activities will involve outreach and research; working to create public/private partnerships; and finding creative and innovative methods to stimulate development of the City's key assets. The goal is to strategically position the City to move quickly as the economy improves. In our discussions with potential developers, brokers, and 266 stakeholders, we will emphasize and encourage incorporation of the concepts learned from the Trends Analysis. The goals/results of our economic development activities include: • Build a beautiful and vibrant community • Strive for long-term sustainability • Encourage revenue -generating investments • Enhance sales tax revenue • Increase transient occupancy tax revenue This year's Economic Development Plan document is divided into the following sections: • La Quinta Community Profile • Retail and Consumer Trends Analysis Summary • Key Accomplishments in Fiscal Year 2011/2012 • Goals for Fiscal Year 2012/2013 including: I. Support Local Business II. Attract Business and Investment -Fill Big Boxes -Economic Diversification -Evaluate City Investment -Create Customized Market Reports -International Council of Shopping Centers Trade Show III. Develop Community Assets -SilverRock Resort -Village Properties -Highway 111 • List of Accomplishments in Fiscal Year 2011/2012 The details are contained within the attached draft Economic Development Plan. Staff will review the rationale, proposed activities, and desired outcomes at today's study session. It should be noted that this year's document differs from previous years' documents. Rather than creating a lengthy policy document and a separate implementation document, the two have been combined and streamlined into one document. ..a �67 Once the City Council has completed this discussion, staff will modify the Plan accordingly, add formatting and graphics, and will bring the document back to the City Council for consideration and approval on June 19, 2012. Respectfully submitted, Debbie Powell Economic Development/Housing Manager Approved for submission by: V V `J-- A Ja_- Mark Weiss, Interim City Manager Attachment: 1. Draft 2012/2013 Economic Development Plan 268 ATTACHMENT 1 City of La Quinta Economic Development Action Plan Fiscal Year 2012/2013 Introduction For the past 17 years, the. City of La Quinta has implemented an annual Economic Development strategy. Over the years, the City's economic development activities have flowed in a variety of directions, depending on current economic, demographic, and market factors. And now, the City must adapt and strategically position itself to be a viable player in the "new world" resulting from instability in world, national, state, and local economies, and changes in consumer habits and trends. Yet the ultimate, sought-after results remain the same from year to year: • Build a beautiful and vibrant community • Strive for long-term sustainability • Encourage revenue -generating investments Enhance sales tax revenue • Increase transient occupancy tax revenue In order to achieve these desired results and produce a strong local economy, City staff, along with its partners and professional consultants, conduct numerous tasks in the areas of planning, development, business stimulus, tourism, marketing, technology, and trends analysis. This Economic Development Plan details the activities the City will implement during Fiscal Year 2012/2013 that will attain the above -listed results. This document contains the following sections: Community Profile - a snapshot of La Quinta's demographics that provides valuable information to potential investors Retail and Consumer Trends Analysis - a summary of national and local findings related to current and future consumer trends Goals for Fiscal Year 2012/2013 - organized by subject area: • La Quinta Community Profile • Retail and Consumer Trends Analysis Summary • Goals for Fiscal Year 2012/2013 including: I. Support Local Business II. Attract Business and Investment -Fill Big Boxes -Economic Diversification -Evaluate City Investment -Create Customized Market Reports -International Council of Shopping Centers Trade Show " 269 III. Develop Community Assets SilverRock Resort -Village Properties -Highway 111 • List of Accomplishments in Fiscal Year 2011/2012 Community Profile It is important to understand La Quinta's community profile - the "facts and figures" that would lead potential retailers, restaurants, hotels, and businesses to locate here: • Population as of January 1, 2012 - 38,475 • Projected population': 2020 - 41,600; 2035 - 46,300 • Median age per 2010 U. S. Census - 45.6 • Average household income in 2011 - $93,091 • Total number of households in La Quinta in 2012 - 14,881 • Projected households': 2020 - 16,600; 2035 - 17,900 • Total estimated number of housing units in 2012 - 23,585 (Single family - 89%) • Median home sale price in March 2012 - $319,000 • La Quinta has an assessed valuation of $10.92 billion (Fiscal Year 2010/2011) • Total taxable sales in 2011 were $7.62 million • Retail sales in 2011 reached $6.85 million • Hotel room sales in 2011 amounted to $31.09 million • Permit valuation: $37.86 million - 2011; $45.98 million - 2010; $44.64 million - 2009 • Traffic counts (2-way, average daily trips) in 2011: Washington Street at Highway 111 - 73,675; Washington Street at Fred Waring Drive - 62,358; Highway 111 at Jefferson Street - 62,643; Jefferson Street at Highway 111 - 66,318 • Characteristics of La Quinta's' 5, 10, and 15 mile market area from Highway 111 / Adams Street 2011 estimates: 5 Mile Ring 10 Mile Ring 15 Mile Ring Population 143,473 231,678 306,348 Households 51,896 85,287 111,827 Median Age • 36.1 37.6 37.2 Avg HH Income $77,456 $76,104 $72,841 • Home to the nationally -acclaimed Arnold Palmer Classic Course at SilverRock Resort • Home to renowned special events including the Humana Challenge and the La Quinta Arts Festival 1 Population and household projections provided by Southern California Association of Governments 2 a 210 a Retail and Consumer Trends Analysis City staff embarked upon a new kind of market study in Fiscal Year 201 1 /2012. The City had been commissioning a traditional market study approximately every three years that provided socioeconomic and demographic data as well as outlined market opportunities and constraints; and focused on specific demographic areas within the City. In light of the many and changing influences in our lives today —especially technology and lifestyle preferences —City staff considered it timely to commission a Retail and Consumer Trends Analysis. RSG, Inc. conducted the research and completed the analysis on a national level, and findings were shared with the City Council in October 2011 (RSG's PowerPoint on National Trends is included as Exhibit 1). A summary of these national trends, which correspond with each of four industries studied by RSG, is provided below: Hotel/Hospitality Trends • Hotel properties looking to stay relevant • Comfortable; more relaxed, less formal • Lobby — sense of "place" (a place to gather) • Green and sustainable design elements • Incorporate history and community • Appeal to young families • Fitness and recreational facilities; spa services • Special events/activities on -site (pool parties, concerts) Golf Trends • Private clubs — there is a need to change as demographics and lifestyles change • Younger golfers are focused on family spending less time on the golf course • Responding to generational changes (busier/less time; more casual) • 72% of golfers are. under age 50 • Looking for fitness rooms, spas, childcare • Evaluate current courses; incorporate what younger demographic is looking for and the woman golfer • Renovating/repositioning older developments (e.g., clubhouses) Retail Trends • Reposition existing retail centers • Create experiences at shopping centers (unique, memorable, people gathering, high quality, pedestrian -friendly) • Provide more than shopping (which consumers can do at home via the Internet) • Must be innovative in design u 3 271 Wellness/Health Care Trends • Implications of expansion in this industry extends to workforce housing, retail, ancillary office space • Expansion in health care services can have positive impacts on a community • Growing demand because of aging population, our own interest in wellness, alternatives to expensive treatments, national government financial support • Needs: recreation, parks and trails, walk to retail/entertainment/work, non-traditional medicine, and health education The concept of "Placemaking" was also introduced as a desired outcome, especially as a community develops and repositions itself. Pacemaking refers to creating a cultural and physical sense of place where people come together through events, recreation, and land uses. It prompts, mobilizes, attracts, and builds partnerships. The City of La Quinta already has wonderful examples of placemaking, with gathering places such as Old Town La Quinta as well as a number of beautiful and family -oriented parks. As the City fulfills its goals for next fiscal year, placemaking will be a key concept to weave into City economic development activities. After learning about trends at the national level, the City Council encouraged staff to meet with key industry leaders in La Quinta and the Coachella Valley to ascertain the trends that local industries are experiencing. In the months that followed (December 2011 through April 2012), staff conducted a total of 16 meetings and met with a total of 29 industry leaders. Among these notable individuals were property managers, real estate brokers, hoteliers, health and wellness experts, and golf executives (a complete list is included as Exhibit 2). Staff is very appreciative of their time, insight, and expertise. After hours of dynamic conversations, staff came to the conclusion that trends here in La Quinta and throughout the Coachella Valley mirror those at the national level. Of particular interest are the themes and messages that resonated during the meetings. All four industries are evolving due to the changing times, shifting demographics, and new demands set forth by consumers. There is a focus on catering to a youthful and active population as well as young families. Accommodations are being made to meet their growing demands. Society's renewed attention to personal health and wellness is triggering development of new infrastructure and offerings as well as accentuating the need for medical services (both traditional and alternative). The health and wellness industry acknowledges the shortage of doctors and medical specialists and endeavors to enhance training locally (prompting ancillary needs in the areas of housing and office space). Retailers are experiencing the competition of Internet shopping and the challenges with aging centers, and endeavor to reinvent themselves. .. • 272 0 The insight staff gained during these meetings is useful and will serve as a foundation and springboard in accomplishing the goals established for Fiscal Year 2012/2013, which are listed in the following section. Goals for Fiscal Year 2012/2013 I. Support Local Businesses Action # 1 What: Visit new and existing La Quinta businesses; ensure businesses have a contact at City Hall and are aware of marketing opportunities; and solicit their feedback on City services and business outreach. Who: Economic Development staff/Management Assistant When: Monthly (ongoing) Action # 2 What. Continue information exchange with commercial brokers; provide requested quarterly sales tax information, demographic information, and other materials that would be useful to attract new retail enterprises. Who: Economic Development staff/Management Assistant When: Monthly (ongoing) Action #3 What. Implement the City's Cooperative Marketing Program, offering La Quinta businesses the opportunity to share advertising costs with the City. Who: Marketing/Economic Development Manager & FG Creative When: Ongoing Action #4 What. Support and promote local business retention programs implemented by the Chamber of Commerce (namely, e-commerce and summer resident programs). Who: La Quinta Chamber of Commerce along with Community Services & Economic Development staff When: By Fall 2012 Action #5 What. Promote La Quinta businesses via the City tourism website, City advertisements and collateral material, Facebook, and the City Whone Application ("App" ). Who: Economic Development staff & FG Creative When: Ongoing 5 ..« 273 Action #6 What. Promote special events that attract people to La Quinta, resulting in more consumers for local businesses; hold community events in partnership with Humana both during the Humana Challenge and prior to that at SilverRock. Who: Economic Development staff, Community Services staff & FG Creative When: Ongoing Action #7 What: Address concerns as identified by the business community such as signage, landscaping, and egress/ingress issues. Who: Planning staff working with the Chamber of Commerce When: By Spring 2013 Attract Business & Investment -Fill Big Boxes Action # 1 What. Work with owners and brokers to facilitate tenant recruitment for vacant big box retail stores; with an emphasis on tenants that fit within the findings of our trends analysis. Who: Economic Development staff & ED Consultant When: Ongoing -Economic Diversification Action # 1 What. Maintain involvement with the Coachella Valley Economic Partnership to expand valley -wide business investment, diversify regional economy, and increase job opportunities. Who: City Council Representative & Economic Development staff When: Ongoing Action # 2 What. Continue discussions with professionals in the health & wellness industry to learn how industry expansion could translate into economic diversification in La Quinta, as well as its effect on demand for workforce housing, office space, recreation, retail, and entertainment; formulate strategy to market La Quinta assets to this industry. Who: Economic Development staff, Community Services staff & ED Consultant When: Ongoing 6 .." 274 -Evaluate City Investment While the dissolution of redevelopment agencies in California has eliminated a major source of City investment dollars for revenue -generating private ventures, it is imperative to explore new opportunities to forge public/private partnerships that ultimately produce General Fund revenue. The City will carefully analyze any potential investment to ensure investment is warranted. During the 2012 Annual Financial Management Review, the City Council noted that City investment .should not be used as long-term subsidies, and extended primarily to anchor tenants that are expected to generate significant ancillary economic activity. City investments should yield appropriate returns in terms of sales tax, hotel tax, and increased property tax value. City policy is to realize a 10% to 15% return on investment by the fifth year of operation, with full repayment within a ten year period. Action # 1 What: In the post -redevelopment agency era, the primary tools available for City investment include sales tax and/or TOT -sharing agreements. Staff will continue to research new, innovative, and perhaps underutilized development tools for public/private investment. Who: Economic Development staff & ED Consultant When: Ongoing -Create Customized Market Reports Action # 1 What: Continue to create customized market data/trade area reports for interested developers, retailers, hoteliers, and other investors. Who: Economic Development staff/Management Assistant & Executive Office Assistant When: Ongoing - International Council of Shopping Centers Trade Show Action # 1 What: Attend the Western Division Conference of the ICSC Trade Show in San Diego to market La Ouinta to retail developers, retailers, and other related businesses. Who: Economic Development staff When: September 2012 7 . H 275 III. Develop Community Assets -SilverRock Resort Strategically Position SilverRock Resort for Future Development The economy is beginning to see signs of life. While it may be several years before the economy truly rebounds, SilverRock Resort is a tremendous City asset that will contribute to the City's future financial well-being, and generate increased property values that benefit local taxing agencies. Development of SilverRock Resort requires careful consideration and a discussion of the master plan and its guiding principles to ensure development is relevant to current and future trends. Action # 1 What. Conduct a City Council study session to discuss the master plan, present information gathered from initial outreach activities and related elements of the trends analysis, receive City Council and community input regarding future development, and discuss next steps. Utilizing this information, conduct an outreach effort involving the major entertainment and health care stakeholders who have a Coachella Valley presence, and hotel and resort developers and operators. Who: Economic Development staff, Planning staff & Community Services staff When: June/July 2012 Action # 2 What: Outreach to Humana, AEG, Thermal Motorsports Park, and others as deemed appropriate, to discuss opportunities at SilverRock that would tie into or complement their activities and events. This activity will be conducted in conjunction with Action 3. Who: Economic Development staff, Planning staff & Community Services staff When: During summer 2012 Action # 3 What: Outreach to Development Community — continue discussions with interested developers to gauge feasibility and garner ideas for future hotel/hospitality/retail development at SilverRock, and identify other developers/hoteliers that might have the creativity, vision, and financial backing necessary for future SilverRock development. Who: Economic Development staff & Planning staff When: During summer 2012 8 •.a 276 Action # 4 What. Review results of the engineering study being prepared by the Coachella Valley Water District on the relocation of the All -American Canal through SilverRock; review impacts to existing golf course and future development potential; present options for City Council consideration and determination of a course of action. Who: Public Works staff, Community Services staff & Economic Development staff When: Late Summer/Early Fall 2012 Action # 5 What. Based upon the study session input and discussions with stakeholders, developers and operators, lay out a plan of action to solicit end users and developers for SilverRock, development, which could include an RFP/RFQ process. Who: Economic Development staff, Planning staff, Community Services staff & ED Consultant When: Fall2012 Action # 6 What. Implement the plan of action upon City Council approval Who: Economic Development staff, Planning staff, Community Services staff & ED Consultant When: January — June 2013 -Village Properties Action # 1 What: Complete the General Plan Update process, which includes a sub -area focus on pedestrian scale mixed -use development in the Village Commercial District that includes residential, general retail, services and civic land uses. Who:, Planning staff, Economic Development staff & Community Services staff When: Fall2012 Action # 2 What. Establish a Zoning Overlay for the Village Commercial District that promotes and encourages pedestrian scale mixed -use development. Provide for consideration of relief to certain development standards for development that strengthens and compliments the core objectives of the Village Commercial District. Who: Planning staff, Economic Development staff, Community Services staff & ED Consultant When: Winter 2012/2013 9 .. 4 277 Action # 3 What. Identify viable uses for the City -owned Village Properties that strengthen and promote the core objectives of the Village Commercial District. Who: Economic Development staff, Planning staff & ED Consultant When: Summer 2012 Action # 4 What: Identify potential developers/partners/interested parties. Who: Economic Development staff, Planning staff & ED Consultant When: Summer/Fall2012 -Highway 111 Strengthen the Highway 111 Corridor's Standing as a Regional Shopping District Much of the City's past economic development activities have centered on developing the Highway 111 Commercial Corridor. With its conveniently -located big boxes, ancillary shops, and both national -chain and local restaurants, it has become a powerhouse shopping venue in the eastern Coachella Valley. However, given the increase in on-line shopping and the aging of several shopping centers, it is imperative to infuse new life into the Highway 111 Corridor. While major renovations might be difficult in this economy, conversations and information - sharing with owners and brokers could generate ideas for the near future. Action # 1 What. Who: When: Action # 2 What. Who: When: Action # 3 What. Who: When: Work with owners and brokers to facilitate tenant recruitment for vacant big box retail stores, with an emphasis on tenants that fit within the findings of our trends analysis; identify impediments to tenant recruitment. Economic Development staff Ongoing Continue discussions with owners and brokers that could lead to development of a movie theater and/or entertainment venues to drive traffic to the Corridor. Economic Development staff Ongoing Initiate discussions with potential developers and end users regarding the City's 9.89-acre commercial parcel on Highway 111 east of Dune Palms Road Economic Development staff & ED Consultant Summer 2012 10 0 278 Action #4 What: Explore potential development and redevelopment opportunities with property owners along Highway 111 that would provide for pedestrian scale mixed -use development consistent with the La Quinta General Plan. Who: Economic Development staff, Planning staff & ED Consultant When: Ongoing Accomplishments in Fiscal Year 2011 /2012 The accomplishments of each year build the foundation to successful and sustainable economic development in future years. Listed below are key accomplishments from last year's Economic Development Plan: Planning & Development • Discussed SilverRock hotel development opportunities with six interested development groups • Facilitated the redevelopment dissolution process, including the transition to a Successor Agency and the formation of an Oversight Board • Continued working on General Plan Update • Purchased 7.57 acres in the Village, and consolidated smaller parcels to facilitate future development and access Business Stimulus • Visited roughly 200 La Quinta businesses (both new and existing) • Worked to bring a theatre to the Highway 1 1 1 corridor • Supported the auto dealers with cooperative marketing • Provided assistance to Torre Nissan for remodel and expansion of existing dealership • Promoted La Quinta businesses via the City's Cooperative Marketing Program (joint advertising with a total of 10 business partners participating in Fiscal Year 201 1 /2012) • Supported the Chamber of Commerce and its business retention programs Tourism & Marketing • Encouraged tourism in various Southern California markets through print and television advertising as well as online marketing • Marketed to locals and visitors in the Coachella Valley via The Desert Sun, East Valley Sun, and Desert Entertainer as well as local radio and television (featuring a "Shop/Dine" message) • Produced a seasonal La Quinta Events/Tourism Brochure, which was distributed to over 170 outlets in the Coachella Valley • Redesigned and distributed La Quinta Shopping & Dining Guide, which lists nearly 300 shops and restaurants as well as hotels and banks (made available at the Chamber, La Quinta hotels, and City facilities) 11 • 279 • Supported/promoted numerous events to encourage visitors to come to La Quinta and locals to attend, including: o Blues & Brews o Humana Chal►enge and Well -Being Events o La Quinta Arts Festival o Art Under the Umbrellas o Certified Farmers Market o Taste of La Quinta o Hot Rod & Custom Car Show o Carnaval of Lights/4th of July Technology More and more people are turning to the Internet and social networks —such as Facebook—as their sources for information and communication. Consumers are conducting business transactions, travelers are finding places to visit, thrill -seekers are discovering things to do, and people are getting recommendations from friends on a variety of issues. The City of La Quinta understands how important technology has become in our lives, and continues to use technology to promote La Quinta and support the local economy. Some of what has been accomplished in this area during Fiscal Year 201 1 /2012 is listed below: • Stayed active on the "La Quinta, California" Facebook page, attracting a total of 5,900 Fans, and promoting La Quinta events, businesses, and outdoor fun • Established www.PlayinLaQuinta.com (tourism website) as a vibrant and essential tool for promoting La Quinta as a destination; maintained the site updated with accurate hotel, shopping, dining, and event information • The tourism website continues to be a great resource for visitors, locals, and businesses with 30,042 visits this fiscal year as compared to 18,300 in Fiscal Year 2010/201 1, representing roughly a 64% increase in website traffic • Launched a City of La Quinta iPhone application in April 2011, which has garnered 256 downloads to date • Implemented aggressive online advertising strategies to drive more traffic (prospective La Quinta visitors and patrons) to La Quinta's tourism website and Facebook page In conclusion, the 2012/2013 Economic Development Plan continues to build on the accomplishments of previous years, while acknowledging economic changes, shifting demographics, and evolving consumer preferences. This "new world" will require creative thinking, innovative public/private partnerships, a renewed effort to market the City's key assets, and hands-on efforts to support our existing businesses. La Quinta has always been an innovative community - the goals and activities contained within this Plan are formulated to ensure La Quinta continues to shine as the "Gem of the Desert." 12 , to 280 EXHIBIT 1 What is a Trends Forecast? Identifies a Demographic changes a Generational preferences a Technological impacts Translates These Into • Lifestyle preferences • Consumer preferences q 281 Why a Trends Forecast? Moving Beyond Traditional Market Studies • Need to understand generational/economic changes Changing Demographics, Economy and Technology • Forcing industries to rethink their business plans City of La Quinta's Assets • Resources -land, financial, the La Quinta brand • Policies/practices Resources Land • SilverRock • Highway in commercial property • Village properties Financial • General Fund and potentially RDA funds The La Quinta "Brand" 282 2 City Policies/Practices General Plan/Development Standards • Land use options Annual Financial Management Review •Investment/management policies and practices Annual Economic Development Plan •Investment policies Initial Review - Permanent and Seasonal Population - Hotel/Hospitality - Golf - Retail - Placemaking - Wellness/Health Care xi'."�C 4c. , 3C�LfiF { l Data Resources - Southern California Association of Governments (SCAG) - Wheeler's Market Intelligence - Metroscan (property ownership data) - Palm Springs Convention & Visitors Authority - Palm Springs International Airport - ESRI Business Analyst, private industry resource - PKF Study, zoo9 -La Quinta Resort Expansion tY..i 1.. -. It 284 4 Current and Forecasted Population Population and Ago n. Seasonal Population Trends Change In Seasonal Population (1998-2008) ------ ----- ------ Residential Property Ownership La Quinta Residential Property Owners Consumer Preferences - ESRI CITY OF LA QUINTA2010 TAPESTRY SEGMENTS � SO Me ..n 286 E Forecasted Changes in Preferences LA OUINTA CURRENT AND PROJECTED TAPESTRY SEGMENTATION 25 000 mow R 5 15.000 S S S10 000 c 5 000 0 2000 2010 2015 2030 Ramifications Lifestyle/consumer preferences • Housing • Retail • Leisure • Municipal service expectations • PleasanNAle • Industrious Urban Fdnge • Old & Newcomers • MIk & Coolies • Up & Coming . RWed Rural • Silver & Gold 281 7 Data Sources - Urban Land Institute (ULI) - USA Today - STR Global (formerly Smith Travel & Leisure) - www.hotelnewsnow.com - American Hotel & Lodging Association - International Society of Hospitality Consultants - Cornell University, Center for Hospitality Research ► 288 12 "Hot New Trends in Hospitality:„; Moving from Summer to Sizzle"' —Urban Land (10/17/2010) "While the affluent still want the highest uality in accommodations, services and amenities, they prefer COI le, more relaxed, less formal environments. The response: lobby space converted into gathering places designed for interaction that emphasize 1nchlsivity, rather than exclusivity, through steps such as opening recreational and fitness facilities to the surrounding community. A shift toward localism, in terms of incorporating more of the local heritage and history into a development, to'brand' it with the community. A continuing shift toward green and sustainable design and development. ('Customers still want it and they ask about it.')" Properties Must Stay Relevant Changing Demographics and Preferences 2007 #4 top issue in hospitality industry: Changing demographics and their impact on travel trends - Baby Boomers, Gen-X, Gen-Y 289 E i Baby Boomers On January 1, 20o6, the first of the U.S.'s 78 million Baby Boomers turned 6o years old while the last one turned 40. Nearly 8,00o Boomers are turning 60 on a daily basis (US Census). By 203o, Boomers will be between 66 and 84 yrs old. Boomers are becoming the new "senior" market and are living longer, healthier, and more active. Gen X and Gen Y 49 million Gen Kers and 72 million Gen Y'ers are now moving up in age, class, income, and population Becoming the new market for both business and family leisure travelers. ,n 290 MI] "The Echo Boomers" - CBS(09/04/2005) "Born between 1982 and 1995, there are nearly 8o million echo boomers, and they're already having a huge impact on entire segments of the economy. They already make up nearly one-third of the U.S. population, and already spend $17o billion a year of their own and their parents' money Ramifications Broaden the Market Focus More emphasis on accommodating families Smaller More Local Flavor Venues Provides a sense of place • Reflect La Quinta - the community's heritage/culture Boutique Hotel in Village z .,u 291 11 Data Sources Golf Profit Builders Travel Institute www.izolfdatatech.com - www.1201flink.com - USA Today n 292 12 "Golf clubs suffer in recession as membership dwindles" —USA Today (08/30/2010) "Once havens for well-to-do scions of the community, private clubs now face withering competition for the money and time of younger consumers, Hinton says. The under-40 crowd works harder and prefers to spend their limited leisure time with family members at facilities with fitness rooms and spas — accoutre meats often lacking at private courses, he says. 'It's become a Catch-zz; Hinton says. 'There are a number of clubs that need facilities to appeal to a younger demographic, but they just don't have the capital to build them."' Golf Demographic Trends U.S. Golfers Age Profile OverSO 7,0W,000 28% Under 50 18,000,000 72% M 293 13 Golfer Travel Preferences Over50 May Wol 13,000,000 ]2% Ramifications Under SO Ta lW riay s,000,000 -a 8% Evaluate Golf Courses • Incorporate what the younger demographic is seeking Properties • SilverRock • La Quinta Resort affiliated courses • Private Courses 294 14 Pa Retail r Data Sources - Urban Land Institute (ULI) - State of California Board of Equalization - U.S. Business Reporter - National Endowment for the Arts ." 295 15 ,a "Renewed Retail Opportunities" —Urban Land (10/18/2010) "At a time when new development is not an option for most retail developers, repositioning existing properties in ways that increase their value can be a viable alternative —but only -if it is executed properly. Retail property owners, retailers, developers, and cities throughout the United States are working together to reposition —dead, dated, and underperforming centers with innovative, redesigned facilities that create a more attractive and compelling experience." Retail Trends - Placemaking Create More than a Shopping Center ... Create Experiences • Unique, memorable, and comfortable • People gathering/watching places • Authentic, local and high quality experiences • Pedestrian/residential integration Why? Consumers Shop at Home via the Internet 296 16 Ramifications Reposition Highway in Commercial • Initially focus on older centers • Reorient to create places • Incorporate services/entertainment • De-emphasize automobiles • Emphasize pedestrian scale • Explore incorporating residential (where feasible) •.$" � �` ism � � o _ r.. .. , Placemakong; i:. •` u. t °•: _ nA. "•:cam x .•r ��,. _•% 297 17 Data Sources - Urban Land Institute (ULI) - National Endowment for the Arts - The Urban Institute + The Fund for Folk Culture - Americans for the Arts Placemaking Applied -Community wide/By District/Project Specific • Create a cultural and physical sense of place Attracts New Visitors, New Residents and Businesses Invites Existing Residents to Stay Longer Establishes a City "Brand" Weaves Together Community Elements and Neighborhoods �.4 298 I Cultural Placemaking Identifies/Reflects the Community's Culture Form • Events (large and small scale) • Recreation • Land Uses - retail, restaurant, cultural = Brings People Together - Creates a Sense of Community 0) :. Keys to Cultural/Creative Placemaking Prompted by an Initiator with Innovative Vision and Drive Strategy Tailored to Highlight Distinctive Features of Place Mobilizes Public Will - Attracts Private Sector Buy -In n Enjoys Support of Local Arts and Cultural Leaders Builds Partnerships Across Sectors, Missions, and Levels of Government Source: TG tive M,,r aking" by National En6ow tofthe Aa, .,n 299 19 Ramifications Registers with Younger Generations Emphasizes What is Unique to La Quinta • Values • Culture e Style Differentiates La Quinta From Other Communities Village of La Quinta - The Next Opportunity N 300 20 301 21 Trends Growing Demand for Wellness/Health Facilities • Aging population • Consumer wellness interest • Alternatives to costly medical treatments • National government financial support n Health Care Facility Needs Medical Specialized Outpatient Wellness/Preventative Medicine • Recreational fitness • Access to parks/trails • Walking access to retail/entertainment/work • Non-traditional medicine • Health education 4 3J2 22 Why La Quinta? Wealthy/Educated Population • Seeking quality and unique health care options Aging Population Community Attributes • Environmental setting • Community culture • Hospitality and leisure activities High Quality Health Care Facilities Create Significant Value Ramifications SilverRock - Potential to Create a Wellness Venue • High -end medical office and outpatient facilities • High -end hospitality - connected to medical uses Leisure activities - golf and other recreation • Cultural and event space • Conference facility Job Creation M 3J3 23 Summary of Meetings Area/Sector Participant Name Affiliation 1 Hotels/Hospitality Brad Poncher Homewood Suites 2 Retail Wells Marvin Old Town La Quinta Development Leslie Locken Placemaking 3 Wellness/Healthcare Linda Evans JFK Memorial Hospital Jeff Van Hoy Cliff Daniels Desert Regional Medical Center 4 Wellness/Healthcare Dr. Paul Lyons LIC Riverside, School of Medicine 5 Retail Michael Shovlin Shovlin Companies Development 6 Hotels/Hospitality Bob Buttaro La Quinta Resort Golf Damien Boynton 7 Golf Michael Kelly PGA WEST Hotels/Hospitality 8 Hotels/Hospitality Chris Chmielak Lake La Quinta Inn Giovanni Giammarco 9 Retail & Restaurants Sharon Carmichael Terranomics 10 Wellness/Healthcare Dr. Joseph Scherger Eisenhower Medical Center & Joan Randall Eisenhower Argyros Health Center Lynne Fishel 11 Hotels/Hospitality Eric Seise, Jr. Embassy Suites La Quinta Hotel & Spa Gerri Lynch Manzo 12 Wellness/Healthcare Tom Noland Humana Placemaking 13 Tourism Mark Graves Palm Springs Desert Resort Communities Jessica Walke Convention and Visitors Authority 14 Retail Maggie Montez Formerly with CB Richard Ellis Dani Alexander Shawna Strange Brian Ward 15 Retail William Sylvester Costco 16 Wellness/Healthcare Dr. Marc Hoffing Desert Oasis Healthcare Helene Leclair Summary: 16 Meetings 29 Participants 304 AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: May 15, 2012 BUSINESS SESSION: ITEM TITLE: Discussion of Marketing Strategies for CONSENT CALENDAR: Fiscal Year 2012/2013 y STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: This discussion of City marketing strategies is intended to be conceptual in nature, and serve as direction for final preparation of a City Marketing Plan and corresponding budget for Fiscal Year 2012/2013. During the City Council's budget discussion on May 1, 2012, Council agreed to a number of program cuts. Among them was a reduction of nearly 50% to the City's marketing program. The strategies presented herein reflect this reduction, which essentially result in a decrease in FG Creative's.contract from $410,000 to $210,000 (for Fiscal Year 2012/2013). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support, and promote economic development." A number of marketing strategies proposed for implementation in Fiscal Year 2012/2013 intend to achieve this goal. BACKGROUND AND OVERVIEW: Every year, prior to consideration of a new City of La Quinta Marketing Plan, Council holds a study session to evaluate and discuss marketing strategies for the upcoming fiscal year. As a precursor to preparation of an updated Plan, FG Creative (the City's professional marketing firm), in consultation with staff, has prepared recommended "Marketing Strategies for Fiscal Year 2012/2013" for Council's consideration (Attachment 1). •. M 3Ji5 As outlined in more detail in the attached document, the marketing strategies for Fiscal Year 2012/2013 focus on the following main categories: 1) Local/Regional City of La Quinta Advertising, 2) Tourism Website & iPhone App Updates, 3) Resident & Visitor Communications, and 4) Public Relations & Event Partnerships. Upon receiving direction to scale back the City marketing program for Fiscal Year 2012/2013, staff met with FG Creative to discuss a reduced scope of work. In consideration of the economic times and the City's budget situation, the following recommendations are being made for each of the marketing programs listed below: Eliminate: o Annual City Calendar o Television Broadcasting • Major Upgrades to Tourism Website • City/Campaign Photography Reduce/Modify: • City Newsletter (produce only one of two, and consider educational campaign next year) I • Regional Advertising (reduce; no print) • Public Relations (prepare more press releases in-house; decrease PR activities, especially in the summer) • Copywriting (more copywriting in-house, e.g. City newsletter, Palm Springs Life editorial) Continue: • Cooperative Marketing Program (for La Quinta businesses) • Local Advertising Campaign (print and radio) • Regional Advertising (continue online) • Online/Internet Advertising (both local and drive in markets) e CVA Cooperative Advertising (reduce to one or two co-ops) • Updates to Tourism Website & City Application ("App") • Update La Quinta Shopping Map • Fall City Newsletter (as annual update) • Palm Springs Life Editorial (October progress issue) • La Quinta Tourism Brochure • The Gem "City Scene" Pages • Public Relations Efforts e Humana Challenge, Chamber of Commerce, and Arts Foundation Event Support and Promotion • Quality Design/Creative Work (to maintain the La Quinta brand) On a regional and out -of -market level, staff will continue to work with the Palm Springs Desert Resorts Communities Convention and Visitors Authority (CVA) on n -J6 3 ,� cooperative advertising in order to leverage the City's marketing dollars and reach different markets. Target areas include: Southern California, Pacific Northwest, Midwest, and Western Canada. The various campaigns involve print, radio, and online efforts to attract more visitors to the Coachella Valley as well as support and ultimately grow air service. Staff is seeking Council direction on the marketing strategies proposed for Fiscal Year 2012/2013. FG Creative will be in attendance to give an overview of key marketing strategies the City should consider continuing, and will answer any questions Council may have. The marketing items selected for implementation during this study session will become part of the City's Marketing Plan for Fiscal Year 2012/2013, which is scheduled for Council adoption on June 19, 2012. Respectfully submitted, Mari asillas Marketing/Economic Development Manager Approved for submission by: 0 Mark Weiss, Interim City Manager Attachment: 1. Marketing Strategies for Fiscal Year 2012/2013 n 3)7 ATTACHMENT 1 Marketing vY s Strategies k FISCAL YEAR 2012/2013 THE GOALS The following proposed goals have been identified for the City of La Quinta Marketing Plan for Fiscal Year 2012/2013: • Working with a reduced budget, identify key mediums and tactics that keep La Quinta top -of -mind as local consumers make considerations regarding where to shop, dine, and do business. • Promote La Quinta as a premier tourist destination, both in and out of market, to attract visitors and generate revenue. • Offer programs that support La Quinta businesses and maximize their advertising budgets while promoting the "Shop/Dine" La Quinta message. • Use technology and social media to promote La Quinta and encourage tourism, shopping, dining, and event attendance. • Refine methods of communicating with residents and the media on important City news, events, and programs. • Work closely with key City entities, such as the Chamber of Commerce and La Quinta Arts Foundation, to strategize partnerships that maximize and leverage marketing budgets. THE TARGET MARKETS The target audiences and markets to focus efforts on include: • Adults with disposable income • Affluent couples, empty -nesters & retirement prospects • Young affluent families • Part-time/seasonal residents • People who like to travel, attend events, and may relocate to the area • Geographic regions: Coachella Valley, drive-in markets and selected spot markets of 308 Although difficult to maintain at current levels, City staff and FG Creative believe that the marketing strategies outlined below represent the most balanced marketing approach possible considering the budget challenges facing the City. The themes for 2012/2013 continue to be based on 'focusing on- successful efforts" and "continuing to do what is working" in order to drive sales tax and TOT tax dollars in the City of La Quinta. LOCAUREGIONAL CITY OF LA QUINTA ADVERTISING With a reduced budget, all planned marketing strategies will be directed to keeping La Quinta top -of -mind to both visitors and locals. Efforts will be streamlined to extend exposure that is less frequent while providing compelling and direct call -to -action messaging. City staff and FG Creative have focused on efforts that support tourism, local businesses, and continued investment in La Quinta. 1. Cooperative Marketing Program: Continue to promote this successful program by working with current partners, and by adding new partners where applicable to increase their local and regional media exposure. Partnerships in Fiscal Year 2011 /2012 (with the City being one of the partners) included: • Horse Shows in the Sun (HITS) Program Ad - Okura, Las Casuelas Quinta, Old Town La Quinta • Airport Display Ad - Las Casuelas Quinta, Embassy Suites, SilverRock BNP Paribas Tennis Daily Pairing Sheets in The Desert Sun - Lavender Bistro, Las Casuelas Quinta, Okura • Auto Dealer Outdoor Billboard - La Quinta Auto Dealers • Stay & Dine Outdoor Billboard - Las Casuelas Quinta, Embassy Suites • Desert Sun Ad for Restaurant Week - Okura, Lavender Bistro 2. Local Marketing Campaign: Continue a Valley -wide advertising campaign with a "purpose -driven" message that supports La Quinta businesses and events to encourage shopping, dining, and special event attendance. The multi -tiered media plan —comprised of radio, print, and Internet —will be leveraged with PR, bonus advertising such as extra ads, web links, etc. This effort will run in key months to support events and the "Shop/Dine" message. Due to budget constraints, television will not be included in this local campaign for Fiscal Year 2012/2013. While open to the Cooperative partners, this local campaign will proceed with the City message solely should no partners participate. 2 3 )9 3. Regional/Out-of-Market Advertising: Refine out -of -market efforts in order to maintain as much exposure as possible with a reduced budget. The best way to reach travelers making decisions is through online marketing, so it is recommended that online strategies such as Pay -Per - Click and Pay -Per -Like marketing be continued (as outlined below). These strategies are sound in maintaining a strong online presence, particularly when reducing costly print ads in regional travel publications. 4. Online Marketing for Tourism Website: In order to continue driving more traffic to the tourism website, the City should maintain a strong online presence with programs such as Pay -Per -Click marketing: Pay -Per -Click (PPC) Programs: The Pay -Per -Click program allows the City to purchase sponsored links on the result pages of searches conducted via search engines such as Google. A La Quinta link will pop up toward the top of the sponsored link column; hence, attracting more unique visitors to the La Quinta tourism website. When visitors click on the La Quinta sponsored link, they click through to PlaylnLaQuinta.com and explore dining, shopping, golf, things to do, and hotels in La Quinta. PPC programs are highly effective in driving traffic to the website. PPCs can be extensively tracked and provide valuable comparisons for a campaign's return on investment (ROI). It is recommended to continue utilizing PPC programs for both the Local (Coachella Valley) region, targeting dining and shopping keywords, and a Regional campaign that targets visitors, golf, and events. To date, the PPC programs have achieved the following: o Average site visitor looks at 2-3 pages o Ina typical 3-month period, 85% of site visitors are new o Most site visitors originate from a Google search o The most popular pages are Play, Events, Stay, Shop/Dine 5. Online Marketing for Facebook: The "La Quinta, CA" Facebook Fan Page was started in 2010, and has been effectively maintained and expanded each fiscal year. In order to'continue driving more traffic to the Facebook Page, the City should maintain a strong online presence with programs such as Pay -Per -Like marketing: Pay -Per -Like Program: Most recently, through a Pay -Per -Like campaign —targeting adults in Southern California who like to dine, shop, travel, and enjoy the outdoors —La Quinta's Fan Base has grown from 1,500 to nearly 6,000. La Quinta ads are purchased/designed for Facebook and target users not already La Quinta fans. These ads appear under sponsored ads along the right hand side of Facebook pages; when a user clicks on the La Quinta ad, it takes them straight to the La Quinta Facebook Fan Page. 3 1.0 310 Interaction with current fans happens every 24-48 hours. Some stats on the La Quinta fans include: o Average Fan: 65% Female/34% male o Age Ranges: 25% 25-34; 24% 35-44; 23% 45-54; 21 % 55+ o Fans are mostly local, however some are from San Diego, San Francisco, and Los Angeles o Per month, over 1,000 visitors view our Timeline o Generating on average 5-10 new Fans per week through the Pay -Per -Like program o La Quinta posts generally receive 10-20 Likes and comments; posts are frequent and focus on events and highlight businesses in the City o The weekly total reach is over 250,000, and trends up each week which means that the Fan Page is getting attention o The Fan Page is being maximized to use the Timeline feature; photos are changed often and when Fans post comments The Facebook Page is marketed in all advertising to drive more Fans to join the page. The Facebook logo (icon "F") is placed on all print ads, there is a link from the website, and it is mentioned in radio and TV spots. 6. CVA Cooperative Advertising: Work with the CVA on cooperative advertising commensurate with a reduced marketing budget in order to leverage the City's membership dollars and reach outside markets. Target areas include: Southern California, Pacific Northwest, Midwest, and Western Canada. The various campaigns involve print, radio, and online efforts to attract more visitors to the Coachella Valley as well as support and ultimately grow air service. TOURISM WEBSITE & IPHONE APP UPDATES 1. Tourism Website Updates: The City's tourism website, PlaylnLaQuinto.com, has become a strong, established website for the City and is heavily promoted in all advertising as a source for obtaining more information on La Quinta. It continues to be a great resource for visitors, locals, and businesses with 30,042 visits this fiscal year as compared to 18,300 in Fiscal Year 2010/2011, representing about a 64% increase in website traffic. The site has won numerous awards for design and ease of use; and works in tandem with the iPhone Application ("App"), the social online efforts, and to promote various La Quinta messages. The site will continue to be updated on a monthly basis with events, as well as 4 311 keeping shopping and dining listings current. It provides a direct call -to - action for both visitors and locals. Due to the limitations of the budget for Fiscal Year 2012/2013, major upgrades such as additional pages or significant design changes are not being recommended. 2. La Quinta Shopping Map Updates: FG Creative will work with City staff to update the La Quinta Shopping Map featuring the main shopping centers, and listing stores and restaurants, for use in a variety of marketing efforts. The map is available for use at ICSC, in City leasing efforts, and more. The updated map is also featured on the tourism website as an interactive shopping and dining guide. 3. Smart Phone Application Updates: The initial iPhone App has won awards internationally and has received rave reviews for its user-friendly format and design. It will continue to be updated regularly and, this year, it will be set up so that whenever events are updated on the tourism website, they will be updated on the iPhone App at the same time. To date, there have been over 250 downloads of the App from iTunes, with the majority of those who downloaded living in the U.S., however about 10% are from Canada. Online research through Trip Advisor shows that six out of ten mobile users download travel apps and, alongside making calls and SMS messaging, mobile phone owners are using their devices in the following ways when traveling: o Taking and sharing photos - 65% o. Browsing the web - 54% o Navigation - 52% o Reading the news - 48% o Playing games - 38% When looking, in particular, at activities when using phones for travel planning, respondents said: o Researching restaurants - 52% o Researching destinations - 46% o Reading reviews - 45% o Booked or researched hotels - 42% o Booked or researched flights - 34% This research further supports the marketing efforts being placed on this the La Quinta App, specifically as it is already designed, available for free download, popular locally, and since tourists are using their mobile devices as such a large part of their traveling experience, the City should definitely provide this resource for them. RESIDENT & VISITOR COMMUNICATIONS In the current economic environment, it is recommended that the City continue its involvement with established large-scale events to create more of an association with the event and to better maximize revenue opportunities for La Quinta businesses. City Newsletter: Due to budget reductions, it is recommended to produce just one edition of the City Newsletter —making it the City's annual newsletter/resident update (in the fall). This includes continued posting of it as a PDF on the Government website for resident review. Use the newsletter to encourage residents to submit their email addresses for a future E-Marketing Program that would include resident updates via email, to eventually eliminate the need for a printed piece, thereby saving resources and funds. Consideration was given to an educational campaign instead of the fall newsletter; however, both City staff and FG Creative recommend that for Fiscal Year 2012/2013, the fall newsletter be produced. The recommendation is that next year during the strategic planning process, a comprehensive educational campaign be considered (as the timing will be better). 2. Palm Springs Life Advertorial: Produce a City of La Quinta advertorial for the Palm Springs Life October 2012 issue (the City's customary progress piece) - which will also be featured in the "Vision" collateral piece put together through a collaboration between Palm Springs Life, CVEP, CVA, and the County of Riverside. Distribution is 22,000. 3. Tourism/Events Brochure: An important component of the Coachella Valley marketing effort includes the annual production of a "La Quinta Area Events" brochure that is distributed at key outlets in La Quinta (City facilities, hotels, Visitor's Center, etc.) and through the Valley -wide rack card distribution system in over 160 outlets. The brochure highlights large- scale events, programs, golf, lodging, and showcases the excitement and beauty of La Quinta with photography. 4. The Gem: Staff to continue production of the "City Scene" pages for The Gem (a monthly Chamber newspaper that is delivered to La Quinta residents and Chamber members). Promote programs, classes, special events, and important City news related to: SilverRock Resort, Museum, Library, Senior Center, Community Services, Police, and special feature 6 -'" 313 articles such as emergency preparedness, commission vacancies, General Plan Update, and special messages from City partners. 5. City Calendar: It is recommended that the City eliminate production of the annual City Calendar due to cost-cutting measures within the marketing budget. Explore picking up new promotional photography, which is typically done as part of this project, within another facet of the marketing plan. PUBLIC RELATIONS $ EVENT PARTNERSHIPS 1. Public Relations: Public Relations efforts will be maintained over the next fiscal year through a strategic plan that leverages all media purchases and creates a coordinated effort that results in an increase of coverage for all City events and programs. In an effort to maximize the reduced budget, some efforts will be handled by City staff and PR will be minimized during the summer months when there are few events and activities. Local: As developed over the past three years, publicity efforts will focus on all City events that are pertinent to local businesses, residents, and tourists through monthly Calendar listings and major releases when deemed appropriate. Emphasis will be placed on Museum, Library, and City events and programs. Public Relations support will be provided for any issues the City is dealing with outside the parameters of events, as necessary. Regional: Promote City events and amenities (golf, shopping, dining, museum, art, etc.) that warrant PR efforts to regional feeder markets (Los Angeles, Orange County, San Diego, Scottsdale, etc.). 2. Humana Challenge: The successful partnership with the Humana Challenge —including the healthy -Chemed community events co- sponsored by the City and Humana —will bring many more promotional opportunities for the City in 2013. Continue leveraging publicity in conjunction with the event as well as designing editorial pages focused on the City in the Humana Challenge Program Guide. Preliminary discussions have brought to light an interest by Humana in partnering with SilverRock Resort on events and activities during the Humana Challenge, and also on special events as early as December, 2012. 314 7 3. La Quinta Arts Foundation: Continue to work with the La Quinta Arts Foundation team to develop sound strategies that maximize respective advertising budgets and PR efforts while expanding the scope of the overall marketing to reach regional and possibly national markets specifically in regards to the La Quinta Arts Festival. Assist the Foundation in promoting other key events such as Art Under the Umbrellas. 4. La Quinta Chamber of Commerce: Continue to support and promote key Chamber events such as the annual Rod & Custom Car Show, Taste of La Quinta, Carnaval of Lights via the City's monthly calendar press release, websites, and other promotional efforts such as print and radio ads. Work with the Chamber on the monthly "City Scene" pages in The Gem to communicate City happenings to La Quinta residents and businesses. "CO-OP TESTIMONIALS" COOPERATIVE MARKETING PROGRAM Co-op partners continue to be appreciative of the City's assistance with advertising, and have written in with very positive comments: / have been using City Marketing Program over two years and always very pleased with personal service and care. We were able to advertise with low cost and deliver fast results. / would like to thank City of La Quinta for providing this program. — Jay Lee, Owner of Okura Robata Grill & Sushi Bar The City of La Quinta Cooperative Marketing Program and their representative, Andrea Carter, have presented us with innovative and spot on advertising to our potential customers. Their cost effective and productive programs are a terrific vehicle that provides you opportunities you might not have considered or even be exposed to. Business owners and executives shouldn't miss out on this great program offered by the City and administered so professionally by their marketingf rm. — Robert and Lisa Delgado, Owners of Las Casuelas Quinta 8 •. it 315, Reports/ Informational Items: (3 Report to La Quinta City Council Palm Springs International Airport Commission Meeting April 18, 2012 Master Plan: The Federal Aviation Administration requires that each airport develop and maintain a Master Plan. This plan must project a term of 20 years, and be re -done every 5 years. Because of this Federal mandate, and its approaching deadline, most of the meeting addressed the Plan's status, content, and schedule. The authority for the FAA mandate comes from the fact that they fund 90% of these projects. Major components of the Plan include: 1. Inventory: includes ramps, tie -downs, aprons, taxiways, counter space, etc. 2. Forecast: includes anticipated new construction, employment, income, and forecast methodology. 3. Facility needs: based on resultant forecasts, the FAA provides formulas for baggage belts, curb space, etc. 4. Evaluation of alternatives: these range from "do nothing new" up to an entirely new terminal or "processor" These will be discussed more below. The idea is to explore the entire range of options. 5. Implementation: Once alternatives have been evaluated and a selection is made, the implementation stage begins. This starts with a range of environmental clearances; then proceeds to contracts and construction. Alternatives include the following paths: 1. Do nothing. This is not considered viable, as the Airport is fiscally strong, and is still growing. 2. Expand in Place. This allows the airport to grow from the existing footprint, leaving existing facility in place. It could range up to $64 million over the planning period. 3. New Processor. This would entail a larger facility replacing the old, and would expand to currently unused land. It would include all new passenger and baggage movement concepts. It could cost up to $80 million. Whichever alternative that is selected, there are certain immediate action plans that are required to sustain our present growth rate: 1. Expand baggage claim area 2. Expand rental car return capacity 3. Re -locate U.S. Customs facility 4. Extend ticketing area 5. Locate a car rental maintenance facility off -airport. 6. Expand Security/TSA capacity to 316 The Airport Operating Staff has done a projection of the expected scope of the final plan, and has already begun environmental impact studies. Commercial Services Fee: As markets get more competitive, we have seen airlines increase the out -sourcing of more and more services. Airlines pay a fee to the Airport, which includes all of their employee activities. This is generally 7-12.5 % of revenue for the tenants. However, as they contract with service providers that are based off -airport, these services escape the airport fees. The Commission discussed and unanimously recommended that the Palm Springs City Council add to the Comprehensive Fee Schedule, the Commercial Services Fee of 7% of gross operating revenues. Budget: Budget performance is better than plan year-to-date, and better than last year. Since most of the meeting was dedicated to the Master Plan, little time was spent on the budget details this month. Passenger Activity: The Airport has now set new records for passenger activity for 5 months in a row. March was the highest passenger volume of any month in the Airport's history. This is remarkable, in that most area airports are seeing reduced traffic. Tower Progress: The tower is now 97% complete. A period of 3-6 months will be needed to fully commission and test the facility. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport 317 REPORTS/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 28, 2012 CALL TO ORDER 7:00 p.m. A. A regular meeting of the La Quinta Planning Commission was called to order at 7:00 p.m. by Chairman Alderson. PRESENT: Commissioners Barrows, Weber, Wilkinson, Wright, and Chairman Alderson. STAFF PRESENT: Planning Director Les Johnson, City Attorney Kathy Jenson, Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker if. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved by Commissioners Wright/Barrows to approve the minutes of February 14, 2012, as submitted. AYES: Commissioners Barrows, Wilkinson, Wright, and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. Commissioner Weber arrived at 7:05 p.m. V. PUBLIC HEARINGS: A. Conditional Use Permit 2011-132, and Site Development Permit 2011- 919: a request by the Lenity Group for consideration of development plans for the La Quinta Memory Care facility located on Washington Street, north of Avenue 48. 0 318 Planning Commission Minutes February 28, 2012 Associate Planner Wuu presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked if the roof element on Page A.6.d. was there to hide the air conditioning units. Staff responded it was a parapet for the HVAC and mechanical equipment. Commissioner Wilkinson asked if the applicant was participating in a shared parking agreement with the commercial neighbor next door and did they meet the City's parking standards. Staff responded they were not in a shared parking agreement and they did meet City standards. Commissioner Wilkinson asked if the air conditioning units, building color, and landscaping would the same on the La Quinta project as they were shown in the photos of the Arizona project. Staff responded the buildings would be similar but the landscaping would be more robust. He added that the Package Terminal Air Conditioning Units (PTACs) would be painted, to match the exterior wall color so they blended in more. Commissioner Wilkinson asked if additional bushes could be included to help screen the view. Staff said yes and a condition could be provided to request landscape screening if desired. Commissioner Barrows asked where the example project was located. Staff responded in Arizona. Commissioner Barrows said the landscaping looked really sparse around the building and referenced the ALRC comments on the issue of the trees. She asked staff for a little more background on what sorts of landscape enhancements were made after this was reviewed by the ALRC. '" 319 -2- Planning Commission Minutes February 28, 2012 Associate Planner Wuu said after ALRC review, the applicant came back and said they would not be able to add more landscaping, specifically along the northern section of the building. He then said the applicant would elaborate further. Commissioner Barrows asked if there was a particular access or were people just going across the parking lot to access the walking path. Associate Planner Wuu said yes, there was an access. General discussion followed on the walking path, location of the access and the inclusion of a clear crossing designation, such as striping in the parking lot. Planning Director Johnson told the Commissioners there was a chance that the landscaping and pathway might not be built. He added that the northern property was surplus and there was a chance it could either be subdivided off or there could be a potential lot line adjustment with the vacant property to the north to enlarge that particular property. If either of those were to occur prior to occupancy of the building, a condition had been included that would not require them to have to develop this. This was not their original plan and intention, but staff asked this to be created because it would have just been a vacant fallow segment of the property and staff was not supportive of that. They wanted the Commission to be aware there was a chance that the landscaped area might not be developed. Chairman Alderson asked if this was prior to occupancy. Staff said yes. The condition referenced was number 74 of the Site Development Permit Conditions of Approval. Commissioner Weber asked staff if the comments that were made by the ALRC were incorporated in the January 26" Attachment 1 or was that attachment relatively the same as what the ALRC saw when they made their comments. Associate Planner Wuu said a little bit of both. It was the same exhibits with the ALRC's comments amended when possible. Commissioner Weber asked for a summary of the differences. a 3?0 -3- Planning Commission Minutes February 28, 2012 Staff referenced Page 5 - Attachment 1, which contained a list of all of ALRC's comments and the applicant's response and said that attachment was exactly what ALRC saw. Commissioner Weber noted the renderings/photos presented were of a comparable site in Arizona. He commented that they didn't necessarily match up with some of the changes the ALRC had asked for, but were included in the written document the applicant submitted to staff. Associate Planner Wuu concurred. General discussion followed on the type of ground cover that would be provided on the property to the north. Chairman Alderson asked if the 15 existing palm trees along Washington Street would remain. Staff responded they would. Chairman Alderson asked if the access from Caleo Bay would be a two-way driveway. Staff responded it would be. Chairman Alderson asked if, and where, bus stops and bike racks would be required. Planning Director Johnson said there was an existing bus stop in front of the property and bicycle racks were required per the Municipal Code. There being no further questions of staff, Chairman Alderson asked if the applicant would like to speak. Mr. Greg Elmore, Lenity Group, 471 High Street SE, Suite 10, Salem OR 97301, introduced himself and stated they were in partnership with JEA Senior Living, who would be owner and manager of the facility. He then offered to answer the Commissioners' questions. •. N 321 -4- Planning Commission Minutes February 28, 2012 Commissioner Weber asked for the applicant's response on some of the ALRC comments made regarding the lack of architectural significance in the overall concept. Mr. Elmore said this is a standard building shape. Their client, JEA Corp., operates using this type of building, all over the country. So they were kind of tied to this type of building shape. The buildings in the photographs were taken in Surprise, Arizona and shows our desert, Southwest style. We believe it fits in with the neighborhood including the shopping center behind the project. He felt they had done a good job of breaking up the long fagade using different materials and pointed out that the roofline was actually broken up pretty well, especially on the Caleo Bay and Washington facades. Commissioner Weber asked if the choice of colors had been used in other locations. Mr. Elmore said what you see in the photographs is the exact same color palette that we are proposing for this facility as well. Commissioner Weber asked about the sparse landscaping. Mr. Elmore said the building, shown in the photos, was just built and the project wasn't even done yet. The landscape plan for the La Quinta site would be much more intense than what was provided in Arizona. He also stated, in the photos shown, the boxes under the windows, or PTACs (Package Terminal Air Conditioning Units), had not been painted. Mr. Elmore continued on the following points: • The trellises had been increased to a depth of five feet and will have vines growing on them as requested by the ALRC. • He pointed out the locations of the trees and shrubs and added their landscape architect told them they couldn't put in any more trees and explained why. Commissioner Weber commented on making the entry points more visible due to safety concerns. Mr. Elmore said that made sense, but did note that the residents would not be going over there without family or staff assisting. ." 322 -5- Planning Commission Minutes February 28, 2012 Commissioner Weber asked if the carports were structurally able to have solar added at some future date. Mr. Elmore said yes. Commissioner Barrows asked why there were carports on some of the parking areas and not others. Mr. Elmore said they weren't required to cover any of them and explained that they wanted to cover a portion of each of the standard, and handicapped, stalls. He said their staff had asked that the stalls along Washington Street not be covered. Commissioner Wilkinson asked about one of the elevation and site drawings; showing what appeared to be a fence and steel gate. He asked Mr. Elmore to clarify what was shown. Mr. Elmore said that showed their shared entrance with Walgreen's. The fence shown had metal pickets which were so close together it looked like a solid fence. General discussion followed on the location of perimeter fencing and enclosed locations within the complex. Commissioner Wilkinson commented on the fact that the Commission did not have an accurate rendering of the project from the Washington Street perspective; as well as his concern about the constant roof line behind a fence on the most visible side. He added that the Caleo Bay side looked good, but he was concerned about the landscaping on the Washington Street side. Mr. Elmore responded it would not take long to obtain a rendering if the Commissioners so desired. He also responded there was a large berm along Washington Street and they didn't take a photo on that side because from either a car or person's view you would not even be able to see the building due to the landscape planned. General discussion followed regarding the Washington Street berm, the landscaping depicted, the tree varieties, and the final landscaping plan. -6- 323 Planning Commission Minutes February 28, 2012 Chairman Alderson asked staff if it would be possible to have the applicant bring in a drawing further delineating what the entry was going to look like. Planning Director Johnson said yes. He added staff typically asked for multiple perspectives from different angles and the applicant tried to provide a perspective as if you were entering in the driveway off of Washington Street right next to Walgreens. Commissioner Wilkinson asked if an. office building could be allowed, on the northern portion of the property, sometime in the future. Staff responded it could or this parcel could be absorbed into another vacant parcel between this property and the two-story medical office building. General discussion followed regarding the border of the northern parcel versus the memory care facility. Commissioner Wright asked if the applicant felt the 55 parking stalls were adequate. Mr. Elmore said it was and explained that they operated some of their facilities with only 32 parking stalls and the same number of beds. Commissioner Wright asked if this project met the parking requirements. Staff responded it met the Municipal Code requirements. Commissioner Wright said this is a good landscape plan and asked if the applicant was going to be building right away or allowing it to stay fallow. Mr. Elmore said they would be building it as you see it right now unless there is an opportunity for the owner of this property to parcel off that piece of land. He said they met all of the open area and landscape requirements without that one acre. Commissioner Wright said he had one concern on the north side where the walking path was located. There was no landscape shown which was probably because there was a vacant lot on the other side. He (, 324 Planning Commission Minutes February 28, 2012 was, however, very concerned about wind and dust. He then referenced the former Arts Foundation property across the street and the dust problems associated with it. He stated he would like to see some kind of plan to at least buffer that property, landscape -wise and not too expensive, to help control the dust situation. He then commented on his recent trip to the property and the foot and vehicular traffic. The walking path has decomposed granite (d.g.), but the other lots do not. Mr. Elmore said if it becomes a problem I can guarantee you something will happen. Commissioner Wright said the City would have to deal with it, but he wanted to bring it to everyone's attention that it is the only area in this whole property that is wide open and it is the most vulnerable to wind and dust. Chairman Alderson asked if the landscape plan showed planted material or ground cover. Mr. Elmore said the landscape plan showed native grasses and perennial seed mix. General discussion followed on what was shown on the landscape plan and what was discussed at the ALRC. Chairman Alderson asked about the size of trees being planted. Planning Director Johnson said they were 24" box trees. Chairman Alderson referenced a previously approved project on this site and stated the concerns, from people on Caleo Bay were 1) the site line would be violated in terms of height and 2) they would lose their view of the mountains. He then noted that the building height is far away from the maximum allowed. Associate Planner Wuu said the average was approximately 17' 7" Chairman Alderson noted every room exited onto a common hallway and it was protected from the outside by three doors. He asked if those were manned security doors. to -g- 325 Planning Commission Minutes February 28, 2012 Mr. Elmore said they were not manned, but they were secure doors. He explained about State licensing requirements and the safeguards they had in place. General discussion followed on safety concerns and included several scenarios of residents attempting to leave the building and the ensuing results. Chairman Alderson expressed his concern with the aesthetics of the building, saying it lookedlike a motel; especially with the wall - mounted air conditioners. He felt the building needed some color and architectural features, as well as the possibility of moving the air conditioners to the roof to screen them architecturally. He asked the applicant what he could do to make that building more interesting. Mr. Elmore said they couldn't put the mechanical units on the roof, as it was not feasible partially due to cost 'and also because State licensing required each unit to have individual heating control. He then explained the difficulty with moving those units to the roofs. Mr. Elmore gave a more detailed explanation of the exhibits presented since there were no site -specific exhibits included in the packet. Chairman Alderson said the exhibits did a good job of conveying the type of product, but he was uncomfortable with the design of the project a's it did not say "La Quinta" to him. Commissioner Wilkinson agreed and pointed out the lack of site - specific photo simulations. He was concerned that the Commission was not getting a realistic view of the project. Chairman Alderson reiterated his comments on the exterior elevations, that they were all browns, and the introduction of color was needed to make the project more aesthetically pleasing. Mr. Elmore suggested they could look at different stucco and stone colors. General discussion followed on possible locations for the introduction of color in the project, color -match painting of the PTAC units, and landscaping improvements such as moving/coloring the trellises and adding vining to them. 0 326 SO Planning Commission Minutes February 28, 2012 General discussion followed on what renderings were currently available to the applicant, the possibility of them bringing back some renderings of architecture and landscape as suggested, the possibility of continuing the item, and differences in the Surprise, Arizona site versus the La Quinta site. Mr. Carl Sanders, Director of Development, JEA Senior Living, 12115 NE 991' Street, Suite 1800, Vancouver, Washington 98682 introduced himself and said they had been working on this project for a long time; they were hoping to create a community that was both beneficial for the seniors they took care of and kept costs as low as possible. He said if the Commission could find a way to move. forward, without continuing the item, which would be their preference. If there were conditions that they could accommodate and additional exhibits they could bring in, that would help with their schedules. He said they were willing to work on incorporating color, where appropriate, adding they took the appropriate ALRC comments and were willing to accommodate in any way that they could. He said they had submitted construction drawings already and were anxious to move forward if there was any way to accommodate that. General discussion followed regarding difficulties encountered in the construction process. Commissioner Barrows asked for more information on how their clients would be able to walk outside the property. She noted the walkway was shown but it did not appear to go all the way around the building and she asked if there was a walking element to the outside perimeter to the building and was it continuous. Mr. Sanders explained the type of residents they cared for were moderate and (primarily) those in the severe stages of Alzheimer's. Many were in wheel chairs and extended walking or leaving the building would be 100% staff -assisted. Most of the outdoor recreation would take place in a secured courtyard area and their communities did not have extended staff -assisted walking with the clients due to their advanced stage of Alzheimer's. Commissioner Barrows commented there was not a lot of demand for that sort of access. _lo_ 327 Planning Commission Minutes February 28, 2012 Mr. Sanders said it was a benefit, where appropriate. The program was designed 100% around meeting the individual resident's needs. General discussion followed regarding accessibility of the interior courtyard, the interior doors, the dining facilities, and safety precautions. Commissioner Barrows asked if the fence would be put up right away. Mr. Sanders said the fence would be installed with the construction of the building as it was required as part of the State licensure. General discussion followed on the layout of the building, its orientation on the parcel and its access points. General discussion followed on the future possibilities of the northern portion of the lot, the choice of location for this project and the height appropriateness. Commissioner Wilkinson asked if the northern parcel would be fenced in. Mr. Sanders said no and explained the challenges of that site. General discussion followed on fencing and open space versus a park. Commissioner Wilkinson stated his concern about City liability if there was no fence built around the open space portion of the property. City Attorney Jenson said it was not going to be a City liability as it was not public property. It was private property and that is not the type of situation that would give rise to liability on the City's part. There being no further questions of staff, or comments from the applicant, Chairman Alderson asked if there was any public comment. Mr. Jay Arnoldus, 47-935 Via Opera, introduced himself and said he was with the Lake La Quinta Homeowners' Association (HOA), but was speaking on his own behalf since their Association had not voted on this project. He said, after meeting with the applicant, they had two major concerns which he had not heard addressed during the Commission meeting. They are: N 328 - 11 - Planning Commission Minutes February 28, 2012 1) The high volume of traffic that is currently on Caleo Bay and the addition of an entrance, close to the existing Walgreens parking lot entrance; which would increase traffic on a small road not intended for the high speed traffic it already has. He said they previously spoke with the City and were accommodated by the restriping of the road, last year, which has been successful so far. He then commented on his concern about vehicles exiting the Lake La Quinta rear gateway, located across from the project driveway. 2). The HOA's other concern was the business facility of the applicant across from that driveway; which appeared to be a loading dock. (He indicated the area he was referring to.) Mr. Elmore responded it was not a loading dock. Mr. Arnoldus continued that it must certainly be the place where the garbage will be picked up and with a 66 bed facility we would guess that would happen at least several times a week. He then commented on the back-up sounds made by the trucks. The residents who live across the street are going to hear that at least twice a week, early in the morning. He said they hoped that garbage facility would have been moved further away from the residential area. He added, on the other side of Caleo Bay, on both sides are residences right on the roadway, with only one side screened by bushes and the other side had no screening at all. He finished by saying those were the two major concerns they had and hoped they would be addressed. Chairman Alderson asked staff if they were aware of these concerns and had they been discussed with anyone. Planning Director Johnson said staff attended (as observers) the meeting the developer had with the Lake La Quinta Homeowners' Association where those concerns were voiced. He then addressed them individually: • Regarding Caleo Bay and access: The intent, when thin property was subdivided, was to utilize Caleo Bay as a collector street to serve these properties. He noted the medical building and the nearby restaurant were designed that way, as were other properties along this roadway. The City does not believe that this proposed development will add additional trips to the 12 - 329 Planning Commission Minutes February 28, 2012 point where it is beyond its capacity, and in fact, it is well under its designed capacity. • The issue of alignment of the driveways was an intentional matter to be lined up with the Lake La Quinta entrance. They were not offset because of concerns about accidents and safety. Whenever possible those connections are made right across from one another. So, that was an intentional design which we worked on with the applicant. • Regarding the trash; that is a more difficult matter. There are existing trash enclosures serving the commercial venture to the south and north. They have noise associated with them which can certainly be a disturbance. But unfortunately with the design of the site and where it's located, you will hear that on occasion. Staff did speak with Burrtec and they do utilize Caleo Bay as their route for collection and staff believes their intent is to pick up three times a week, with the potential for noise, on those occasions. The only other way to avoid that is to flip it all the way over to the Washington Street side. Staff does not know if the trash enclosure locations further to the north are exactly the same. distance away from residences, but they are in close proximity to residences as well, so staff didn't see this as being an inconsistent proposed development to what already exists in other locations along Caleo Bay. General discussion followed on Burrtec's pick up times and the possibility of staff encouraging Burrtec to consider more appropriate times which would minimize noise impacts to the adjacent residential environment. Chairman Alderson commented the previously approved project, for this site, was a commercial shopping center with a much greater traffic impact than this one. Staff responded it was a retail center and prior to that a hotel; both with higher traffic impacts. Chairman Alderson said he did not see this particular usage generating an inordinate amount of traffic. He asked if anyone else would like to speak on the project. Ms. Judie Harrison, 47-145 Via Orvieto, introduced herself and said she lived on the north side of the complex; roughly across from her ..a 330 -13- Planning Commission Minutes February 28, 2012 property was Louise's Pantry and then a huge open space. She stated the trash trucks come in as early as 7:00 a.m. She then described the types of noises they made and the fact that she had called Burrtec several times with no results. She said the homeowners were told that the northern portion of this parcel would not be developed as a landscaped area and she was very concerned because of the truck and pedestrian traffic commonly crossing there. She said she contacted the City about her concerns with the result that chains were put up. The amount of dust which her lot is directly in back of is incredible. She then commented on her concerns with Washington Park; which were not relative to this project. She said her concern with the project parcel was that there would be another big disturbed piece of property. Chairman Alderson said it's disturbed now, but it has been cleaned up. He then asked if she still had a dust problem. Ms. Harrison said she did as they had never put the green chemical treatment down and it needed to be done. She said they are completely surrounded by commercial buildings that are not completed. Commissioner Wilkinson asked if her concern, specific to this property, was whether the landscaped open space was going to be put in or not. Ms. Harrison said yes. Planning Director Johnson explained the way the condition was written was if they had not subdivided or done a boundary line, or lot line, adjustment with the adjacent property to the north prior to occupancy of the building they would have to develop it. It would have to be improved as identified in the information presented. If they were to sell, subdivide or conduct a lot line adjustment with the property to the north then it would remain vacant property in the condition it is in today and it would then be developed in accordance with whatever happens in the future. General discussion followed regarding the how long it would take to, subdivide this parcel and what would happen if and when that occurred. n 331 -14- Planning Commission Minutes February 28, 2012 Staff explained why the landscaped open space was included and general discussion followed on what could be done regarding Ms. Harrison's dust concerns. Ms. Harrison said she was not worried about the lots that weren't a part of their property; the section that is not going to be a walking path. They need to preserve that somehow because it will get disturbed during construction. Chairman Alderson said if it is sold it will be the new landowner's problem and will become a Code Enforcement issue. Ms. Harrison said she just wanted to suggest that, when the project is completed, someone walk that property that has not been completed and make sure that something is addressed. Chairman Alderson noted her comments. There being no further public comment, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. Commissioner Weber commented on the challenges of the site and the probability of the landscaped open space going in. He then went over comments made at the meeting regarding: • Safety and liability with regards to the open area and fencing. • Larger trellises which could include vines for additional landscaping and color. • The aesthetics of the entrance from Washington Street. • Alignment of the project entry and that of the Lake La Quinta rear gate on Via Florence. • Garbage pick-up and working on solutions in cooperation with Burrtec. Commissioner Weber also asked if the neighbors from Rancho La Quinta had been noticed and had we received any comments back. Staff responded a 500-foot property radius notice was sent out as required and no comments had been received. 332 -15- Planning Commission Minutes February 28, 2012 Commissioner Barrows said she also thought the trellises should be colored, possibly brick red and suggested bougainvillea for the vining as it would add a lot of color. Commissioner Wilkinson commented on the possibility of the landscaped open space going in and said if the applicant did not ,plan on putting it in they should submit a plan that doesn't have it in there and just soil seal the thing with soil cement until it sells. If they can do a lot line adjustment in 60 or 90 days why would they go ahead and spend the money to landscape this area. City Attorney Jenson said the Commission could require that as a condition of approval. She explained that the staff dealt with it because it wasn't shown as part of the project. But the Commission had the authority to make that a part of the project. Staff tried to deal with it as best they could without making it a part of the project forever. Chairman Alderson asked Counsel to clarify that it would be a part of the project until it was legally no longer a part of the project. City Attorney Jenson said yes. General discussion followed on ownership of the property due to a lot line adjustment or subdivision, soil treatments, dust control, and conditioning the property with the landscaping requirements. Commissioner Wright made comments on: • This project met the City's mixed use plan as noted in the General Plan. • An elevation plan prepared by the applicant's landscape architect. • Sensitivity to the potential PM 10 problems that exist across the street and alert Code Enforcement that this is something we really need to watch with the PM 10 and the AQMD. • Landscape screening, or a buffer, to block blowing sand from entering into the front door of the building. Chairman Alderson stated he would like to see the following items included in any motion for approval: `" 333 esG� Planning Commission Minutes February 28, 2012 • Reference to dust control for the concern of the neighbors. • That the applicant come to staff prior to the issuance of the building permit with additional elevations showing some color additions and architectural metal screenings, as mentioned by Commissioner Wright. • Some revised exterior elevations. • Add some paint on the outside of that building to get some color into it. • Ownership: if you own the property to the north, you landscape it whether you subdivide it or not. General discussion then followed on the parcel to the north, connection of the meandering sidewalk, and options available to the Commissioners in case of ownership changes on that parcel. Chairman Alderson asked for clarifications, from Counsel, on the Commissions' options. City Attorney Jenson said the Commission could simply require that the applicant to put in the improvements subject to allowing a change of use of that area to the north in conjunction with some future development proposal. She said I'm not sure if I understand - if you're feeling that open space walking area component is something that you feel is necessary to make this overall project more desirable and fit better within our standards then it seems appropriate to require that, but you may want to have the latitude to allow them to do something else with that property, if they want to combine it with property to the north. She noticed the applicant's Counsel was raising her hand to comment and suggested the Chairman reopen the public hearing to allow her to speak. Chairman Alderson reopened the public hearing. Ms. Emily Hemphill, Ealy, Hemphill & Blasdel, LLP, 71905 Highway 1 1 1, Suite H, Rancho Mirage CA 92270, Attorney for the applicant, said we are fine with the idea that if we own it, we put it in and we maintain it. If we do a lot line adjustment, by definition, you're adding it to someone else's property and that will come to you as part of that future project anyway. -. • 334 swim Planning Commission Minutes February 28, 2012 Chairman Alderson said I understand what you're saying, but if we do that it could be three years before somebody else comes in with a project. Mr. Sanders said we are fine putting it in. It wasn't their goal when the property was purchased, but if we own the property and the landscaped area is there we would use it. However, we would like the flexibility in the future, if a viable project comes forward and goes through the process that it is potentially allowed because commercial ground in that area is of a premium and this is one of the few pieces left. General discussion followed on what the landscaped area improvements might cost. There being no further questions of the applicant, or public comments, Chairman Alderson closed the public hearing. Commissioner Barrows asked for clarification on Condition 74. She said it looks like if there were a lot line adjustment that the applicant would be required to identify or provide perimeter landscaping on what would then be their north boundary. Is that right? Planning Director Johnson said the way that Condition 74 is written right now, that is the case. If a boundary line adjustment were done prior to Certificate of Occupancy (C of O) and they did not develop the open space area then it would require them to revise their landscape plan to identify a perimeter landscape improvement along that property line. General discussion then followed on the walking path. Chairman Alderson said if the applicant elects to put in a lot line adjustment there and create that as a separate lot on its own, they'd still own it, they'd still be obligated for those improvements. Commissioner Wilkinson said right. Condition 74 isn't written that way, but we'll condition it so that that's what happens. '• b 335 -18- Planning Commission Minutes February 28, 2012 There being no further questions or discussion, it was moved and seconded by Commissioners Wilkinson/Wright to adopt Resolution 2012-007 recommending approval of Conditional Use Permit 2011- 132 as conditioned in the staff report. Unanimously approved. There being no further questions or discussion, it was moved and seconded by Commissioners Wilkinson/Wright to adopt Resolution 2012-008 recommending approval of Site Development Permit 2011- 919 as conditioned in the staff report as well as the following changes: Add the following paragraph to Condition No. 74: The landscaped open space area north of the proposed building and driveway shall be developed and maintained substantially consistent with the approved preliminary landscape plan until such time as an alternative development proposal for the area is approved by the Planning Commission. Add Condition No. 99: Prior to issuance of a building permit, the applicant shall submit photographic simulations for review and approval by the Planning Director. The simulations shall depict the La Quinta Memory Care Facility from different locations: 1) Washington Street from the northwest, 2) Washington Street from the southwest, and 3) Caleo Bay Drive from the northeast. The renderings shall include all existing and proposed perimeter landscaping (including the existing berm), all free-standing architectural elements (perimeter fence, trellis structures, etc.), and additional color enhancements to the exterior of the proposed building. Landscaping shall be shown at the estimated 5- year growth level. Add Condition No. 100: A pedestrian walkway shall be installed to directly connect the ADA parking spaces on the west side of the north primary entrance of the facility with the walking path located in the landscaped open space area in the northern portion of the property. Unanimously approved. 336 -19- Planning Commission Minutes February 28, 2012 VI. BUSINESS ITEM: A. None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. None. VIII. COMMISSIONER ITEMS: A. Report of the City Council Meeting of February 21, 2012. B. Commissioner Wright is scheduled to report back on the March 6, 2012, City Council meeting. IX: DIRECTOR ITEMS: A. Discussion of The Desert Sun article regarding Palm Desert's handling of Commission stipends. This item will be discussed at a future Council meeting. X. ADJOURNMENT: There being no further business, it was moved by Commissioners Wilkinson/Wright to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on March 13, 2012. This regular meeting was adjourned at 9:37 p.m. on February 28, 2012. Respectfully submitted, 6W6 � Carolyn W ker, Exec�utive Secretary City of La Quints, California so 337 -20- REPORTSANFORMATIONAL ITEM: ` MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 10, 2012 CALL TO ORDER 7:04 p.m. A. A regular meeting of the La Quinta Planning Commission was called to order at 7:04 p.m. by Chairman Alderson. PRESENT: Commissioners Barrows, Chairman Alderson. ABSENT: None Weber, Wilkinson, Wright, and STAFF PRESENT: Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Senior ' Code Compliance Officer Anthony Moreno, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved by Commissioners Wright/Barrows to approve the minutes of February 28, 2012, as submitted. Unanimously approved. V. PUBLIC HEARINGS: There were.no Public Hearing items scheduled. VI. BUSINESS ITEM: A. Appeal 2012-006: a request by Christine Clarke, President of Kestam Corp., General Partner of Stamko Development Company for consideration of appeal of Public Nuisance Code determination regarding the maintenance of a 22 acre Regional Commercial zoned site located on the southeast corner of Auto Center Drive and Adams Street. "u 338 Planning Commission Minutes April 10, 2012 Planning Manager Sawyer introduced Senior Code Compliance Officer Moreno who presented the staff report; a copy of which is on file in the Planning Department. Chairman Alderson asked for clarification of the function of the Planning Commission, at tonight's meeting; more specifically were they to determine if the violation occurred, but not to what degree. Planning Manager Sawyer responded the charge for the Planning Commission was to determine whether or not a violation existed at the time of the notice; not to come to solutions of how to deal with the situation. Chairman Alderson asked if there were any questions of staff. Commissioner Barrows asked about a possible solution for the situation across from Lake La Quinta where the fence dips down. Senior Code Compliance Officer Moreno deferred to Public Works for the response. Principal Engineer Wimmer said there were many options available. He explained the typical process but also mentioned that the fencing could be higher, or alternatively, there could be another fence put a little bit further back on the property that would be a higher height; anything that can help ameliorate the fugitive dust. Commissioner Barrows said the stabilizer doesn't last as long as it needs'to and she appreciated the additional information. Principal Engineer Wimmer said stabilizer was one of the approved methods, but it did have to be applied with some periodicity. Discussion followed on disturbed soil and when is it considered to have gone back to its natural vegetative state. There being no further questions of staff, Chairman Alderson asked if the applicant would like to speak. Mr. Mark Moran, 53545 Avenida Cortez, property manager for Chris Clarke introduced himself and said he had been a long-time La Quinta resident. He said that the issue was not about the fact that there was `. ° 339 -2- Planning Commission Minutes April 10, 2012 a violation, but the way it was handled. It was a procedural issue. He was concerned that he, as the property manager, was never notified that there was ever any problem on that property. He gave some background on how long he had been property manager for Ms. Clarke. He explained that one of their problems had been Mr. Velarde's acreage in front of the property which contributed to blowing vegetation from that property to the subject property. He stated some of the blowing dust comes from their parcel, but most of it does not. He reiterated that he was concerned about the process and the procedure and said Mr. Moreno should have notified the property owner and asked for permission to enter the property; which he never did. He stated that almost every item that has been brought up has been corrected. Mr. Moran additionally stated that some of the things that weren't corrected were not on the subject property. He gave the example of the Aventine wall, the graffiti problem and the City's graffiti program. He then went on to comment on people using the interior land as a convenient dump for a number of construction activities all unrelated to this property. He said it is very difficult to stop people in the middle of the night when they decide to dump stuff on your property. He said being notified of the dumping situation without actually disturbing the property would have been very beneficial. He said the property manager, or the property owner, would have been more than willing to go on site with the Code Enforcement staff to discuss the various issues and their correction. He added that there was no dispute. They did violate the law. , He was just concerned as to why they had to deal with these issues by an appeal to the Planning Commission instead of through a kinder, gentler approach. He commented on several on -going violations on the subject and surrounding properties, but concluded by saying that he had gotten no calls and had never been asked to do anything on that property. Yes, there were some violations; some were theirs and some were not, but the process could have been a lot fairer and a lot less hectic and certainly a lot less expensive. Chairman Alderson asked if any of the Commissioners had any questions of Mr. Moran. Commissioner Weber asked Mr. Moran if he was basically indicating that there were violations there, but that some of the violations were due to extenuating circumstances. .. 340 -3- Planning Commission Minutes April 10, 2012 Mr. Moran responded that was correct. Commissioner Weber continued by saying what's under the Planning Commission's consideration was whether there were violations that occurred; which Mr. Moran had indicated. He asked if Mr. Moran had ever received a written notice of the violations. Mr. Moran said he had not received any notice, but the property owner, Ms. Clarke had received them. He then added that not all the violations were theirs; i.e., the graffiti on the Aventine wall. Commissioner Weber said at some point the City, if they're going to access that, wouldn't they have to access that wall through the subject property. Mr. Moran said all they had to do was jump over the wall because there was an easement between the wall and Ms. Clarke's property and the City had the right to be in that easement. Chairman Alderson said according to the application, the site was visited four to six times a week to ensure its security. Mr. Moran said that was correct. He added he was there almost every day. He did say he had recently been on a two -week vacation, but other than that he was there almost every day. Chairman Alderson then asked if Ms. Clarke (the applicant) would like to speak. Ms. Christine Clarke, President of Kestam Corp, General Partner of Stamko Development Co, 2205 North Poinsettia Avenue, Manhattan Beach CA 90266, introduced herself and said she wanted to comment on a couple of points. The first point Ms. Clarke wished to comment on was the Lake La Quinta letter. She stated she had just gotten it when she arrived at the meeting and said the pictures provided showed what the City approved for her PM 10 plan. She then commented on the placement of the fencing, the property line, and the retention basin in that area. She also stated she met with another Code Enforcement staff member last fall when she received a complaint about dust coming off the a' 341 Planning Commission Minutes April 10, 2012 property; it turned out that when you go to the site and look at the way the property and the fence dip down, that it isn't on her property. It is really in the setback which the auto dealers run. She continued that when she met with Code Enforcement staff members out there, it turned out that the dust seemed to be coming off of Mr. Velarde's property. She said the dip was there because there was a retention basin there. In reference to Lake La Quinta, this was an underlying development issue that the City had approved and the fence could not be moved because it was at the property line which she had to be responsible for under her PM 10 Plan. The second point Ms. Clarke wished to comment on was the fact that she got this notice on March 19, 2012, actually 33 minutes before 5:00 p.m. and she had to contact Senior Code Compliance Officer Moreno to ask why he hadn't called her because she could have taken care of some of these items. Some of the items she didn't even know existed because Mr. Velarde's property sits in front of a big chunk of her property and his vegetation is over her fence. She then went on to explain that the vegetation was so high she could not see the gate. She said she did not make a practice of walking on the property because it had been stabilized, not even three years ago, per City approval. She said she was out there with Mr. Moreno's co-worker in September/October (2011), as well as with Mr. Moran, and the staff member agreed that the stabilization on the property was okay. Ms. Clarke stated she had fixed the following items: 1) the little piece of fence that was down; which was actually , a gate, 2) the green screen, 3). the two signs, and 4) covered the graffiti. Ms. Clarke then gave anecdotal evidence of why the signs had to be constantly monitored and repaired and why the graffiti could not be covered with green spray paint. Ms. Clarke continued by explaining why there was construction debris on the property and how it probably got there. She commented that she did not know from what vantage point Senior Code Compliance Officer Moreno's pictures were taken, but those viewpoints were not from public streets. There was one taken from a two-story apartment, in Aventine, with a view all the way to Auto Center Drive, which showed a discarded tire. She said that was not from her construction, it was from people throwing debris on her property. She said when she was out visiting the property, on a daily basis; she never knew �.'r 342 Planning Commission Minutes April 10, 2012 there was a gate on the northwest corner because of the height of vegetation on Mr. Velarde's property. Ms. Clarke said she has done all that she could do to fix those things she was responsible for. She fixed all those things on March 24, 2012, but the pictures were taken on March 20, 2012. She then commented on the statement of violations "remove hazardous trees or vegetation". She said there was no blockage of any pedestrian sidewalk, or street due to anything she had done. The reason for the blockage was with the winds. The tumbleweeds and vegetation blow and blow and they blow into the fences, which creates a problem, but then it actually ends up blowing away again when the next wind comes. Mrs. Clark said the soil had been stabilized. She commented on people walking on her property as well as a vagrant who was found living in her retention basin and how that broke the seal on the stabilization. She further commented on the easements; those that belonged to the City and those that belonged to the Auto Dealership. She said the people at Lake La Quinta needed to understand that the City authorized the PM 10 Plan, authorized where the fences were, authorized what was going on and how high the fences were supposed to be. Mrs. Clark commented on covering up the graffiti on the green fence and how she had driven around the City of La Quinta and looked at the back of other commercial shopping centers where they had to spray paint their dust control fences with spray graffiti paint. She relayed comments from others stating how you could spray paint the fences, but the graffiti just didn't go away. Ms. Clarke said she'd looked at the site on Washington Street where the fences were falling down and said at least she was willing to do her job as a property owner to maintain her property. All she was asking was for the City to be a little more cooperative and not issue out a citation like this when she didn't even know what it meant. She added she had done a lot of work and would continue to maintain the property. That was her job as a property owner, but Lake La Quinta and the City of La Quinta needed to understand what is PM 10 for.her property as it related to Adams Street and her realization that Lake La Quinta had an issue, but they needed to be aware of this situation. p 3.43 WE Planning Commission Minutes April 10, 2012 Commissioner Weber asked Ms. Clarke about the various addresses that were shown on the documents in the staff report. He asked if she received the notification at the address shown as the mailing address. Ms. Clarke said yes, it was sent to 6080 Center Drive. Unfortunately, that was during the one and a half weeks that the office was closed. When the certified letter came in, it wasn't received until 4:25 p.m. that afternoon, but that's where it went - Manhattan Beach. Commissioner Weber noted that the material included in the Planning Commissioner's packet confirmed that Ms. Clarke did receive the notice, and said the appeal was stamped paid on March 20, 2012. He said this document stated she was appealing the citation, what he heard was that she agreed there were violations, on the property, at the time it was issued. Ms. Clarke said she spoke with Mr. Moreno, on March 19, 2012 and he told her she had to file a written protest. She then explained the process she had to go through to file the protest and her discussion with Mr. Moreno about a possible rescinding of the violation; ending up with her application to the Planning Department for an Appeal to the Planning Commission. She expressed her concern when she spoke with Planning Director Johnson asking about the hazardous trees and vegetation that was creating a health and safety issue and her concern with Senior Code Compliance Officer Moreno going on private property without permission. Ms. Clarke continued that she could now see the tumbleweeds and would get her landscaper, who had been on vacation for three weeks, to get his people to take pitchforks and pull those tumbleweeds out from behind the fence. Commissioner Weber said from what he witnessed on the property there were more than tumbleweeds to be removed. There was still construction debris that had to be removed. Commissioner Weber then commented on effective Code Enforcement and how it needed to be consistent. He then asked how long it had been since soil stabilization had been applied on that property. to 344 -7- Planning Commission Minutes April 10, 2012 Ms. Clark said she applied it in the beginning of 2010, and it was done with the City's consent Chairman Alderson asked if there were any other questions of the applicant. Commissioner Wilkinson wanted to go over the list of violations and see what had been corrected. General discussion then followed on the list of violations with discussion of what each violation was and what had been completed. Chairman Alderson asked the applicant if she had ever walked the site with the Code Enforcement people. Ms. Clarke said she had not. Chairman Alderson asked was this notice of violation the first notice she had received. Ms. Clarke says yes. There being no further questions of staff, or comments from the applicant, Chairman Alderson asked if there was any public comment. Ms. Suzanne Albert, 47510 Via Florence, introduced herself and said she resided in Lake La Quinta. (Her house was the house next to the main gate.) She brought up some photos showing what the parcel looked like, across the street from her home. She commented on the height of the dirt on the JC Penney property and the fact that there was no retardant on it and nothing to block the wind. She said there was zero visibility, during the last big wind, going down Adams from 47`h to 48" where Lake La Quinta is. Ms. Albert continued saying her concern was the dust and dirt and difficulty breathing. She commented on the garbage on the site and how it promoted rats and disease and other problems. She said, further, it gets windborne and gets into the Lake La Quinta property. She was very concerned that something should be done; regardless of whose property it was. She then commented on her efforts to contact Ms. Clarke stating she and Daniel Valenzuela, City of La Quinta Public Works Department, tried a year ago, as well as for five ".p 345 -8- Planning Commission Minutes April 10, 2012 weeks in April and May to contact the applicant's office. Mr. Valenzuela called the Manhattan Beach and Marina del Rey offices. When he finally got through, he was told Ms. Clarke was on vacation for nine months. Ms. Albert said she was very surprised there wasn't anybody in the office, but was concerned that the applicant had said nobody had tried to contact them because that was incorrect. She directed the applicant to contact Mr..Valenzuela, in the Public Works Department, to verify how many times he had tried to call to get a conversation going with them. She commented that the City now had the applicant's attention because of the code violation against them. She also took issue with the applicant's comment about their visits to the site five or six times a week and also the sufficiency of the green retardant. She commented it had been two years since it was last done and it typically only lasted eight to ten months. She said that should be taken care of as there's nothing on the soil for retardant; as well as no trees. She commented on the fact that there were million dollar homes across from the site, as well as stating Lake La Quinta residents had previously been informed there would be six foot walls, trees and lights across the street from their community and none of that had been done. She asked how many more years would she have to wait for the promised amenities. She was at the meeting to say something should be done to protect Lake La Quinta and the health of its residents. Planning Manager Sawyer pointed out that the photographs referenced in the comments were based on a communication staff received on the previous Friday afternoon making them too late to include in the Commissioners' packets, and were placed on the dais for the meeting. Commissioner Barrows asked for clarification of what occurred when the applicant made their visits four to six times a week. She noted the photographs showed a lot of clean up and maintenance that hadn't been done. Ms. Clarke commented that what the Commissioners were seeing was on the inside of the fence, which was not visible from the outside. She reiterated they constantly check and repair the signs, but they never saw the missing green screen noted in the citation. As it turns out, it wasn't part of the fence, but a gate she was unable to see since it was covered with vegetation that was seven or eight feet tall, from Mr. Velarde's property. She stated she would never have been 346 Planning Commission Minutes April 10, 2012 able to see that unless she was coming south on Adams (shown in Senior Code Officer Moreno's pictures) and would actually have had to look over the fence. She then asked about one group of photos which appeared to have been taken over by the Aventine wall, inside the site. Senior Code Compliance Officer Moreno said the photos that were taken were from the cul de sac immediately adjacent to the auto dealership. There were areas where the fabric was shredded and missing and standing flat footed in that cul de sac you could see pipe, tires, pallets, and different discarded and abandoned debris. There were areas where the fencing was missing; i.e., the fabric on the large stretch where there were piles of lumber and protruding nails. Even the areas where the fabric was fully intact, were so sheer you could see through it to view the discarded debris; which would be in public view. Ms. Clarke said she understood Ms. Albert's concerns but said that property showing up over the fence was sealed. She added it was done in accordance with the City's PM 10 Plan. It was not her choice,. but directed by the City and the hill was stabilized and approved by the City two years ago. Commissioner Wilkinson asked about the procedures involving a PM 10 Plan. It was his understanding that a PM 10 Plan was submitted by the individual, or the developer, and their engineer comes up with the Plan. It is then submitted to the City for approval. If the Plan does not work, it is the owner's responsibility, not the City's. He asked if that was correct since he kept hearing that it was the City's PM 10 Plan, but it was not. It was the developer's plan. Principal Engineer Wimmer responded that was correct. General discussion followed on the PM 10 Plan, the signs posted regarding the plan, what happens when you call that number and the responsibilities of the developer, the South Coast Air Quality Management District (SCAQMD), the Air Quality Management District (AQMD) and the City of La Quinta. Commissioner Wright asked for clarification that the Commission's job on this appeal was to decide whether or not there had been a violation made and the applicant had already agreed there was. He said this 347 Planning Commission Minutes April 10, 2012 appeared to come down to a communication issue that needed to be resolved. He was very aware of the PM 10 situation in the Valley and commented that once AQMD got involved it would be out of the City's hands. Principal Engineer Wimmer stated the City had Ordinances that dealt with fugitive dust control, so in this case it would be both the City and the Air Quality Management District who would prosecute, as they were both responsible for PM 10 in the City of La Quinta. Commissioner Wright then recommended that all parties sit down and resolve the matter because all the Commission was charged with was to comment on whether or not there was a violation. Chairman Alderson said Ms. Albert had some very valid points on dust control. He followed up with general comments on: • Dust control was needed on the site. e Possibly dust control was needed on nearby sites to protect Lake La Quinta residents. , • The dipped fence and what would happen if another fence was put behind it. • More chemical treatment of the soil. • The developer's responsibility to maintain the site, for their own benefit as well as the City's. • The site needed to be cleaned up. r The developer needed to walk the site with the Code Compliance officer. Senior Code Compliance Officer Moreno commented on the fact that a notice had been sent out on the nearby property and the owner had called asking what they could do to ameliorate the problem. They were currently working with the City to resolve any current violations.. Chairman Alderson asked if the applicant had any comments on these suggestions. Ms. Clark said she agreed with some of the violations and had fixed those. Unfortunately, she didn't' even know what the others were and commented that you would think that you could work together, but that was not what was happening here. 348 Planning Commission Minutes April 10, 2012 Chairman Alderson said that was being offered.tonight. Ms. Clarke said she would be more than willing to work on the PM 10 problem. She said she would start cleaning up the dead tumbleweeds and debris, but she would like the City to help her understand what she needed to do. The Chair then recognized Ms. Albert. Ms. Albert said the Lake La Quinta residents had tried many times to contact the applicant. She was so frustrated at the lack of response that she went to the Mayor who came out and acknowledged they were exposed when the wind was blowing. She was very concerned that Ms. Clarke continued to say that they had not tried to contact her. Ms. Clarke's property manager, Mr. Moran, gave Ms. Albert his card and asked her to contact him with any current or future problems. Ms. Albert continued by commenting on the green fence and dust deterrents needed. General discussion followed as to what the Planning Commission's task was with regard to the case before them; concluding with once it was determined whether or not there were violations the opportunity for the property owner and staff would be opened up for further communication to solve the issues. General discussion followed on consequences of either decision, the time frame for future discussion, how they would be handled, and who would be involved in those discussions. There being no further public comments, Chairman Alderson closed the public hearing and asked for Commissioner comments. There being no further questions or discussion, it was moved and seconded by Commissioners Weber/Barrows to adopt Minute Motion 2012-002 upholding the determination that a public nuisance exists at the aforementioned parcel/address with reference to Case No. 12- 1340. Unanimously approved. •. It 349 -12- Planning Commission Minutes April 10, 2012 VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. None. Vill. COMMISSIONER ITEMS: A. Report of the City Council Meetings March 6, March 20, and April 3, 2012. B. Commissioner Weber is scheduled to report back on the April 17, 2012, City Council meeting. IX: DIRECTOR ITEMS: None X. ADJOURNMENT: There being no further business, it was moved by Commissioners Barrows/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on April 24, 2012. This regular meeting was adjourned at 8:39 p.m. on April 10, 2012. Respectfully submitted, %% vv� Carolyn Wal er, Executive Secretary City of La Quinta, California .'° 350 EF91e REPORTS/INEORMATIONAL ITEM: Is MINUTES ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE MEETING A special meeting held at the La Quints City Hall 78-495 Calle Tampico, La Quints, CA January 4, 2012 10:02 a.m. I. CALL TO ORDER A. This regular meeting of the Architectural and Landscaping Review Committee was called to order at 10:02 a.m. by Planning Director Les Johnson who led the Committee in the flag salute. B. Committee Members Present: Kevin McCune and Ray Rooker Committee Member Absent: Richard Gray C. Staff present: Planning Director Les Johnson, Associate Planner Jay Wuu, Assistant Planner Eric Ceja, and Secretary Monika Radeva. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Staff asked if there were any changes to the Minutes of December 14, 2011. There being no comments or corrections, it was moved and seconded by Committee Members Rooker/McCune to approve the minutes as submitted. AYES: Committee Members McCune and Rooker. NOES: None. ABSENT: Committee Member Gray. ABSTAIN: None. V. BUSINESS ITEMS: A. Site Development Permit 2011-919 has been submitted by Lenity Group, LLC. for consideration of Architectural, Site, and Landscaping Plans for the La Quints Memory Care Facility located on Washington Street, north of Avenue 48. Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. It 351 Architectural and Landscaping Review Committee Minutes January 4, 2012 Mr. Greg Elmore, Project Manager with Lenity Group, LLC., 471 High Street SE, Suite #10, Salem, OR, introduced himself and said he was available to answer any questions the Committee might have. Committee Member Rooker asked if there was a practical need for the proposed recreational garden/park area located to the north of the project. He clarified that the windows would have a stucco pop -out as indicated on the submitted photos and a 24 inch overhand around the entire building. Committee Member Rooker said the project was located in an elite location and a highly visible lot from Washington Street, and he did not feel that the proposed project would make an aesthetical contribution to the neighborhood. He suggested the project be enhanced prior to approval. Committee Member McCune asked what the built-in outside white units represented. Committee Member Rooker replied those were air conditioning units and explained that though a bit outdated, they were very feasible for the proposed type of facility as each room could be individually regulated which would allow for energy conservation in the units that would not be used at the same time. Committee Member McCune asked the applicant to try to better blend in the air conditioning units to the exterior of the building and soften the contrast through the use of paint and landscaping. Committee Member McCune said he agreed with Committee Member Rooker's comment that the roof line was a bit monotone. However, he believed that it could be adjusted and the lines could be softened with the appropriate use of landscaping and plant palette. He suggested that staff condition the applicant to upsize all proposed trees to a minimum of 24 inch gallon -trunks. Committee Member McCune asked that the applicant be conditioned to enhance the landscape lighting by adding perimeter and accent lighting throughout the project. 2 a 352 Architectural and Landscaping Review Committee Minutes January 4, 2012 Committee Member McCune asked if the proposed park area to the north of the project was a shared property with another developer. Staff replied it was owned by the same developer. Committee Member McCune asked what the walkways in the proposed park area would be covered with besides the identified decomposed granite. Mr. Elmore replied the walkways would be covered in ground cover and explained the several different options that had been available for that lot and why the park was best suitable under the current circumstances. Committee Member McCune said he was not opposed to having the park, but expressed that he was concerned about the park area becoming a hang out spot for kids after dark, particularly, due to the lack of lighting. Planning Director Les Johnson said originally the area to the north would have been left undeveloped, but due to staff's concerns and recommendations, the park was an interim measure for that parcel until the property was built out. General discussion followed regarding the size of the two lots and the potential building size that those lots could accommodate. Committee Member McCune asked where the proposed fencing materials would be used. Mr. Elmore showed on the plans a courtyard area that would be fenced off using those proposed materials. Committee Member McCune said he was pleased with the proposed landscaping plan. He asked that the applicant identify the type of granite to be used on the plans. He suggested a gold tone decomposed granite. Committee Member Rooker said he also liked the proposed landscaping palette. He said he would like to see the rooms located on the north side, screened for privacy as much as possible with landscaping from the parking in the main entry way. Further, he noted he would like to see the trellises identified on the south, east, and west sides to be anywhere from 6 to 8 feet deep with some architecturally decorative columns. 3 353 Architectural and Landscaping Review Committee Minutes January 4, 2012 Mr. Elmore replied it was the applicant's intent to blend in the air conditioning units with the exterior of the building even though that was not clearly identified on the submitted plans. Committee Member Rooker said the roof to the main entrance at the front elevation on the north side should be enhanced to better indicate that that was in fact the front entrance to the building. Mr. Elmore explained in detail the plans for the entrance area and roof design. General discussion followed regarding the architectural design and layout of the project. There being no further discussion, it was moved and seconded by Committee Members McCune/Rooker to adopt Minute Motion 2012-001, recommending approval of Site Development Permit 201 1-919, as submitted with the following recommendations: • Replace all 15-gallon plants with 24" box plants on the landscape plan • Use a gold tone decomposed granite throughout the site • Extend the width of the proposed trellises, and cover with landscape vines • Add more landscape lighting throughout sidewalk areas AYES: Committee Members McCune and Rooker. NOES: None. ABSENT: Committee Member Gray. ABSTAIN: None. B. Site Development Permit 2011-922 has been submitted by Robert Riccardi for Mega Dealer / Torre Nissan of La Quinta for consideration of Architectural, Site, and Landscaping Plans for Torre Nissan Automotive Dealership, including a separate temporary storage site, located at the southeast corner of Highway 111 and Auto Center Way North / southeast corner of Adams Street and Auto Center Drive. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. Committee Member McCune said the use of Tipu tree in the proposed staggered landscaping in 24" and 36" boxes would 4 354 Architectural and Landscaping Review Committee Minutes January 4, 2012 enhance the area. He asked what the temporary parking lot would be used for. Mr. Michael Reinhardt, Executive Manager with Torre Nissan, 79- 125 Highway 1 1 1, La Quinta, CA, introduced himself and explained that the parking lot would be used for storing vehicles while being prepared for display, no sales transactions would occur there, and the vehicles would be parked in a receptive manner. Mr. Brent Tally, 79-125 Highway 111, La Quinta, CA, introduced himself and further explained the dealership operations for the temporary parking lot. Planning Director Johnson indicated where on the plans the temporary parking lot would be located and emphasized that the site was proposed strictly as a temporary use during the dealership expansion project. He explained that it did not meet the standards for a permanent lot, what it would be used for, and for how long. Discussion followed regarding the site's grading, PM 10 treatment, landscaping, retention basin, fencing, security, etc. Committee Member Rooker asked how long the expansion construction was expected to last. Staff replied that it would last approximately a year, and the temporary parking lot would be used for a short period after that, but that it was staff's objective to determine a sunset date to the use of the temporary lot, as the use of it was not meant to run in perpetuity. Committee Member McCune said he was pleased that the dealership was undertaking an expansion. Committee Member Rooker said he liked the contemporary design - of the building, but he expressed a concern with the proposed color palette. He said the proposed brassy gray might not blend in very well with the adjacent buildings which were painted in desert -like, soft brown tones. He suggested the applicant communicate with the manufacturer of the building to inquire about toning down the brassy gray color to a softer, desert -like gray. In addition, he recommended the use of landscaping to further minimize the impact of the building. 5 -.n 355 Architectural and Landscaping Review Committee Minutes January 4, 2012 Committee Member Rooker suggested increasing the number of palm trees along Auto Center Parkway from two to four. Mr. Robert Ricciardi, Architect, 75-860 Sarazen Way, Palm Desert, CA, introduced himself and explained the that the two palm trees identified on the plans were existing. Further discussion followed regarding possible landscaping opportunities on the different site elevations. Committee Member McCune said it was his impression that the landscaping for all of the dealerships in the La Quinta Auto Center had been neglected a bit over the last few years. He noted he would like to see the dealerships pay more attention to the upkeep and maintenance of the landscaping. Mr. Reinhardt said he was also the President of the Auto Center Association and in such capacity he was in charge of the landscape contractor. He said the issues just mentioned had been addressed and the landscape contractor was in the process of re -doing the sod and improving the edging. Committee Member McCune said he was pleased to hear that there was an association between all of the dealerships that could address the landscaping issues. Planning Director Johnson said the City had been working with a landscape consultant and an architect on some conceptual plans for improvements for the Auto Center frontage along Highway 111. He explained the improvements consisted of a package that addressed signage, vehicle display pads, and landscaping, that would provide continuity along all of the dealerships. However, what would come out of it at this time was uncertain, due to the California Supreme Court ruling regarding Redevelopment Agencies, as these improvements would have been funded through the City's Redevelopment Agency. General discussion followed regarding the existing landscaping and the direction the conceptual plans would take. There being no further discussion, it was moved and seconded by Committee Members McCune/Rooker to adopt Minute Motion 6 •_ +t 356 Architectural and Landscaping Review Committee Minutes January 4, 2012 2012-002, recommending approval of Site Development Permit 2011-922, as submitted with the following recommendations: • The applicant shall plant an additional two (2) palm trees, to match existing, along Auto Centre Way North. • The applicant shall provide additional landscape along the north -side of the wall that encloses the vehicle repair yard. The landscape shall include shrubs and trees to screen the building. • All pole lighting shall remain as is and no improvements to lighting pole height or color shall be made AYES: Committee Members McCune and Rooker. NOES: None. ABSENT: Committee Member Gray. ABSTAIN: None. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VI1. COMMITTEE MEMBER ITEMS: VIII. PLANNING STAFF ITEMS: Planning Director Johnson gave a brief overview of the California Supreme Court's ruling regarding Redevelopment Agencies and the effects that had on the City of La Quinta and its redevelopment projects. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Rooker/McCune to adjourn this meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on February 1, 2012. This meeting was adjourned at 1 1:15 a.m. on January 4, 2012. Respectfully sub fitted, MON RADEVA Secretary 7 .4 357 Department Report: 1 A a, ok�o Qum& CF`y OF T'9 TO: The Honorable Mayor and Members oche City Council FROM: Mark Weiss, Interim City Manager f'Lj DATE: May 15, 2011 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the May 1, 2012 City Council meeting: 1. Cheri Miller, 79-975 Westward Ho, spoke on a permit issue for her fence and lot -line adjustment issues on her property. Mayor Adolph asked Interim City Manager to set-up a meeting with Mrs. Miller and Building & Safety Director Mr. Butler to resolve the dispute. Staff continues to reach out to Ms. Miller in an effort to review survey information and resolve issues involving construction conducted without benefit of a permit. 2. Carolyn Krause, 51-884 Avenida Obregon, Occupy Coachella Valley spoke on the history of workers of the world and the great contribution workers have made in the Coachella Valley. 3. Dorothy Bailey, 69-471- Morningside Drive, Desert Hot Springs, Occupy Coachella Valley submitted a resolution regarding the effect the proposed CPV Sentinel Natural Gas Plant project on Dillon Road in Desert Hot Springs will have on Desert Hot Springs and the Coachella Valley. 4. Phyllis Brennan, 74-711 Dillon Road, Sky Valley, Occupy Coachella Valley, read statement regarding the proposed bike path through the desert communities. " 358 5. Loraine Sales, 77-650 Michigan Drive, #C4, Palm Desert, expressed concern regarding air quality and emissions in the Coachella Valley for the proposed CPV Sentinel Natural Gas Plant in Desert Hot Springs. 6. Darel Propst, 66-173 8t6 Street, Desert Hot Springs, expressed concern on the impact the proposed Sentinel Natural Gas Plant in Desert Hot Springs will have on his health. He asked the City to consider adopting the "People's Health Issues and Greater Respect for Health Issues." 7. Melina Lobelle, 512 Bedford Drive, Palm Springs, expressed her concerns regarding the funding of the proposed bicycle path through the Coachella Valley. She had a 478 page scientific report on CPV Sentinel Natural Gas Plant in Desert Hot Springs and asked if the Council Members had read the document. Council Member Henderson said this project did not come before the La Quinta City Council so they would have had no reason to receive or read the documents. 8. Lew Stewart, 281 Cabrillo, Palm Springs, read a resolution regarding CPV Sentinel Natural Gas Power Plant, and spoke on the impact it will have on the Coachella Valley in the next thirty years. Mr. Stewart asked the Council to consider adopting the resolution. Mayor Adolph asked if the City of La Quinta has been brought into involvement of this project. Interim City Manager Weiss stated we have not. 9. Robert Slyk, 79-675 Rancho Santa Margarita, commented on the California Bio- Mass dump located at 62nd and Jackson which is County area but effects communities in La Quinta. The Executive Committee of the Concerned Citizens of La Quinta met with the City Planner at earlier today. Mr. Slyk understands the California Bio-Mass Plan owner, Mr. Hardy, has taken an option on additional 40 acres which would double the size of the plant. Council Member Evans said she understands Supervisor Benoit has made a representative available to the Concerned Citizens of La Quints group to speak with them. Mayor Adolph stated he has spoken with the City Manager of Coachella, and they are in contact with the County of Riverside to resolve the problem. 10. Mark Weissmann, 24 Sierra Madre, Rancho Mirage, spoke on behalf of Mike Kelly of the Prestige, PGA West and La Quinta Resort. He learned from Community Services Director Hylton that Prestige of PGA West was in jeopardy of losing the City's sponsorship. He asked for the City's continued support of -." 359 the event. It is one of the biggest junior clinics in the country and asked the City to consider this event in budget. Council Member Evans asked for information on the Prestige. Mr. Wasserman stated it's been held in for ten years and there an understanding or an additional five years starting in 2013. -.r 366 Department Report: I is MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Debbie Powell, Economic Development/Housing Managera-G� DATE: May 15, 2012 SUBJECT: Oversight Board Meeting Update Report The Oversight Board of the Successor Agency to La Quinta Redevelopment Agency held a regular meeting on May 2, 2012. Six of the seven Oversight Board members attended the meeting; Board Member Wade Ellis, Desert Community College, was absent. Items considered and approved unanimously by the Oversight Board include: Consideration of Resolution approving the amended Recognized Obligation Payment Schedule for the periods of January 2012 through June 2012 and July 2012 through December 2012, with the revisions requested by the Department of Finance. The Department of Finance ("DOF") had determined that some of the items which were approved by the Oversight Board should be considered administrative items and therefore had to be transferred to the Successor Agency Administrative Budget and the La Quinta Housing Authority. Consideration of revised Successor Agency Administrative Budgets for the periods of January 2012 through June 2012 and July 2012 through December 2012 to comply with directions from the Department of Finance. After DOF review of the BOPS, the DOF determined that certain items were administrative costs, to be funded from the administrative allowance. Also, the DOF determined that the administrative allowance for the period of January 2012 through June 2012 was higher than initially calculated by staff. For the period of July 2012 through December 2012, the DOF determined amount is lower than staff's calculations. Therefore, staff adjusted the Administrative Budgets accordingly. it 361 Consideration of Resolution 1) acknowledging that the La Quinta Housing Authority is the "Housing Successor" to the former La Quinta Redevelopment Agency and therefore assumes all affordable housing assets (including the silent second trust deed mortgages); and 2) approving the transfer and assumption of the silent second trust deed mortgage related to the sale of an affordable home in the Watercolors senior housing development. The seller was about to go into foreclosure, but had found a qualified buyer to purchase the home. However, due to uncertainty resulting from the dissolution of redevelopment agencies, the title company was hesitant to issue a title policy for this particular home sale and requested Oversight Board approval. Therefore, it was necessary for the Oversight Board to approve a resolution approving the property transfer between the seller and the buyer of the property. Attachment: 1. Oversight Board Action Minutes of May 2, 2012 ." 362 ATTACHMENT OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY ACTION MINUTES Regular Meeting WEDNESDAY, MAY 2, 2012 at 2:00 P.M. ROLL CALL - Present: Board Members Marshall, Maysels, McDaniel, Nelson, Osborne and Chairperson Pena Absent: Board Member Ellis CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES 1. A motion was made by Marshall/Maysels to approve the minutes from the April 18, 2012 Oversight Board meeting as amended. Motion carried 5 ayes, 0 nays, 1 absent, 1 abstain (due to absence at April 18, 2012 meeting) _ BUSINESS ITEMS Consideration of a Resolution Approving Amended Recognized Obligation Payment Schedules of the Former La Quinta Redevelopment Agency for the periods of January 2012 through June 2012 and July 2012 through December 2012 with the Revisions Requested by the Department of Finance A motion was made by Maysels/Marshall to adopt Resolution No. OB 2012- 011 approving the Amended Recognized Obligation Payment Schedules of the Former La Quinta Redevelopment Agency for the periods of January 2012 through June 2012 and July 2012 through December 2012 with the revisions requested by the Department of Finance RESOLUTION NO. OB 2012-011 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY ADOPTING REVISED RECOGNIZED OBLIGATION PAYMENT SCHEDULES FOR THE PERIODS OF JANUARY 2012 THROUGH JUNE 2012 AND JULY 2012 THROUGH DECEMBER 2012 It 363 Motion carried 6 ayes, 0 nays, 1 absent. 2. Consideration of Revised Successor Agency Administrative Budgets for the periods of January 2012 through June 2012 and July 2012 through December 2012 to Comply with Directions from Department of Finance A motion was made by McDaniel/Nelson to approve the Revised Successor Agency Administrative Budgets for the periods of January 2012 through June 2012 and July 2012 through December 2012 to comply with directions from Department of Finance Motion carried by a vote of 6 ayes, 0 nays, 1 absent. 3. Consideration of a Resolution Making Certain Acknowledgments with Respect to Housing Assets of the Successor Agency to La Quints Redevelopment Agency Specifically Related to Property Located Within the Watercolors Development A motion was made by Osborne/Maysels to adopt a Resolution No. OB 2012-012 making certain acknowledgments with respect to Housing Assets of the Successor Agency to La Quinta Redevelopment Agency specifically related to property located within the Watercolors Development RESOLUTION NO. OB 2012-012 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY MAKING CERTAIN ACKNOWLEDGMENTS WITH RESPECT TO HOUSING ASSETS OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY Motion carried by a vote of 6 ayes, 0 nays, 1 absent. ADJOURNMENT — 2:15 p.m. A motion was made by Nelson/Osborne to adjourn. Motion carried unanimously. OVERSIGHT BOARD ACTION MINUTES 2 MAY 2, 2012 364 DEPARTMENT REPORT: 3 CITY COUNCIL'S UPCOMING EVENTS MAY 15 CITY COUNCIL MEETING MAY 16 OVERSIGHT BOARD MEETING (CANCELLED) MAY 28 MEMORIAL DAY— CITY HALL CLOSED JUNE 5 CITY COUNCIL MEETING JUNE 5 PRIMARY ELECTION DAY JUNE 6 OVERSIGHT BOARD MEETING JUNE 19 CITY COUNCIL MEETING JUNE 20 OVERSIGHT BOARD MEETING JULY 3 CITY COUNCIL MEETING JULY 4 INDEPENDENCE DAY — CITY HALL CLOSED JULY 17 CITY COUNCIL MEETING JULY 18 OVERSIGHT BOARD MEETING .n 365 May 2012 Monthly Planner '�;Sunday Monday' .. .. .. a. 2 3 4 5 :1 April3:00 PM City Council Meeting 2:00 PM Over- SPECIAL CITY COUNCIL MEETING (TIME TBD) 7:00AM-11.00AM DOCUMENTSHRED S M T W T F S sight Board DAY 1 2 3 4 5 6 7 a 9 10 18 12 13 14 Meeting/ IS 16 17 IS 19 20 21 CANCELLED 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 10:00 AM Transp. 7:00 PM Planning 4:00 PM Investment 9.30 AM Animal Campus, Franklin Henderson 6:00 PM IID Energy Commission AdYISOfy Board fd 11:00 AM CVCC{VANS Corte -Franklin 12:00 PM Enargyj Environs EVANSNS 13 14 15 16 17 18 19 10:00 AM Pub. Shy- 3:00 PM Cry Council Meeting 10'00 AM Homelessness Cmm-OSBORNE 3:00 PM Historic Preser- 9:00 AM CVA-Evens Henderson 2:00 PM Over - vati0n Compassion 3:00 PM More.. Conversancy -Franklin sight Board 5:30 PM Community Services Commission Meeting/ CANCELLED 6:00 PM League Henderson 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Sunlina-Adolph 9:00 AM LAFCO Commission Henderson 27 28 29 30 31 4:30 PM Exec Come: June Adolph S M T W T F S 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 -. Memorial Day 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (CITY HALL CLOSED) Printed by Calendar Creator Plus on 5/8/2012 '.V 366 June 2012 Monthly Planner 1 2 _ May July S- M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 3 4 5 6 7 8 9 10:00 AM Transp. 3.00 PM City Council Meeting 2:00 PM Over- 12:00 PM Mayors Lunch Henderson sight Board 6:00 PM IID Energy Cmte-Franklin Meeting - PRIMARY ELECTION 10 11 12 13 14 15 16 10:00 AM Pub. Shy. 7:00 PM Planning 4:00 PM Investment 11 00 AM CVCC-EVAN$ 9:00 AM CVA-Evans Henderson Commssion Advisory Board 12:00 PM Energy) 5.30 PM Community Services Commission Environs EVANS - 6:00 PM League - Henderson 17 18 19 20 21 22 23 3:00 PM City Council Meeting 10:00 AM Homelessness Cmte-OSBORNE 3:00 PM Historic Preser. 2:00 PM Over- vation Commission sight Board Meeting 24 25 26 27 28 29 30 4:30 PM Exec Coils 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO- ' Adolph Commission Henderson Printed by Calendar Creator Plus on 5/8/2012 ,. it 361 July 2012 Monthly Planner -x x. 1 2 3 4 5 6 7 10:00 AM Transp. 3:00 PM City Council Meeting 2:00 PM Over - Henderson sight Board 8 00 PM 110 Energy Cmte-Franklin Meeting Independence Day CITY HALL CLOSED 8 9 10 11 12 13 14 10:00 AM Pub. Shy. 7:00 PM Planning 4:00 PM Investment 9:30 AM Animal Campus. Franklin Henderson Commission Advise Board Advisory 11:00 AM CVCC-EVANS 3:00 PMMIns. 12:00 PM Enafgyl Consversancy-Franklin Environs EVANS 5:30 PM Community Services Commission . 6:00 PM League Henderson 15 16 17 18 19 20 21 3:00 PM Coy Counts Me" 10:00 AM Homelessness Cm"SBORNE 3.00 PM Historic Proxies. 9:00 AM CVA-Evans 2:00 PM Over- vatl0n Commissionsight Board Meeting 22 23 24 25 26 27 28 7:00 PM Planning 12:00 PM Sutline-Adolph 9:00 AM LAFCO Commission Henderson 29 30 31 4:30 PM Exec Conn. Adolph June August S M T W T F S S M T W T F S 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 JI 24 25 26 27 28 29 30 26 27 28 29 30 31 Printed by Calendar Creator Plus on 5/8/2012 F 368 DEPARTMENT REPORT: ow�oT " will �W F OF Tt� TO: The Honorable Mayor and Members of the City Council FROM: Susan Maysels, Interim City Clerk 51/V ' DATE: May 15, 2012 SUBJECT: Discussion Regarding Schedule to Consider Commission Appointments Staff is requesting direction from the City Council regarding the schedule for applicant interviews and appointments to City Boards, Committees, and Commissions. For the past few years, the City Council has begun a June meeting at 1:00 p.m. to conduct interviews and make appointments to the City Boards, Committee and Commissions. In anticipation of placing this on the June 19" agenda, the application submission deadline was set for May 30`h, however it would be possible to prepare the report in time for the June 51h meeting should that be Council's preference. At present, the June 19' Council meeting has no Study Session items or Public Hearings scheduled. Applications are being accepted for thirteen (13) vacancies as follows: Architecture & Landscaping Review Committee - 1 Building and Construction Appeals Board - 1 Community Services Commission - 2 Historic Preservation Commission - 3 Housing Commission - 2 Investment Advisory Board - 1 Planning Commission - 3 369 DEPARTMENT REPORT: T444a" TO: The Honorable Mayor and Members of the City Council FROM: Greg Butler, Building & Safety Director J DATE: May 15, 2012 RE: Department Report - April 2012 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of April. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $23,736,397 which includes the issuance of 119 building permits in April; • Animal Control handled 425 cases in April; • Code Compliance initiated 228 cases in April; • Garage sale permits generated $1 130 revenue in April. '," 370 o a I N N n N a Ma b N 00 N INfI o N e 1O+1 7 n OMD i. a a O M n p La1 n N I at p1 n M O O 0 ton V N N N Oi ti f1 VD M 'OD N m 00 M O n n A M A O N 0 m a a 00 u O v o F N 00 10 OD m N N N M •1 ei ei M ~N N C l 0 ! N rt M N M 0 '1 a n LL p1 n ! N N 0 sch M N O pm n a� a n N N 1p in a 1p n vt O vn O a O p' N O P N rl b N Q N a V rl tV M •• I N 0 m M N .Oi b .N+ Oap n O M 000 ' p v N F f0V — m O � m On r o '4 O N I a O A O N 00 N W- o I_� -. � .4— W__ -vor —W—�-- __ 14 LL M. LL M �M N M ��n N .0 m O m N V H - 0 0. a, 0 C 1Op N 000 10+1 94 v i O ~ I I I �OD p F 0 ( N M 0 C LL H N i a M InIL .0 °i I y E d Ea L...._ _-__.. n L_-U.. Q Q- (�1 O Z O .,„ 371 N p O O m d 0 0« p« O N N d m 0 r . O. . . . . . . . . m O O m O r O . r W r O W p N O O O m VI O b m N ry r O N w r an d N O N p m lO N Ol N N d« O w r ry r N 10 O m N W E l N a� O N O O O N lU m O N O p m O m N 0 m r Pr7 i m amOr T 1000� Ill Or OOrrN O N W a Om NN H r a> r deity d d N.Y mriNN .i r a H Ot«N N city m a H m 0 a Boa «a a W .am F� lnmo«m«dp Ulm r ry mpml0 w o ry rmW a r w r Hey O.yNH dp dm «Nmm p0 « d a « a a m uloom«mm.n to«o poNul o r W N w OW r ON 001pN dmr H w OmO�IIOr O r r r a r'i W � W r Or OlNm m m m.-1 �Or O O N O N N O m F Oi. mOl «m r «Om m.-IN «dN N« ul m a z\ N p OVF rQ "a W r r F r UU a 444444111177 w r a r O r ry Um OmaomwrooamNv0000 0 aF w l O.� � re+oommr soul ut N ln000 « m a a r « OlNrva Ulr r dUl«mlDmNm«N « a Nri d r a7 r rUl .aN NNtiNr mei ei mN ei a r-1 a r W r-r N e1 N N r \ (rJ r a a r N m w o \ w Ma. r a r p w m � U phH�h H H 5 m 0Ix r r F r cn em««e or Nm«mmul .� dU1N to y a I r H r N N m N p N O H H W [-lr ; ; N F 6 a 2 i W r W W W S r H x m H i t Uj r 2E COl4 i C4 i N ry «H « a as alra woawrrar awora w m as F O F A xW U C9 a z F H W A a a a H a r ] H a m a F H a q a« H H a Hz O w OwG aaF 0 wF m O H z z x . H i W W' \-7� a U% m ow z a AROOW N mz H r N U G H a.4> r r W W H W O r E z u w u o o a O 0 o H V zwaaaazo aH „ 0 rnw�ma OOON"zU QOIWRHa a W wo pa 4aow3«oH mo� H [„• �a uwmE�iHo�o as o�a[L°.lz+ H ra awmawaa�waawHooa c� rd r adaoow�aaaaaawmmrnm n 372 OI CO V' d' n 0 IT O 10 V N aD O N f0 Y .m- m M t0 — t0 m N w N H m } Q O O O O 00 O O O O O O O O O O O O O O Z O O O O 00 O O O O O O O 0000000 OO O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 N O O O O O O O O O O O O O O O O O OHol O O O O O O 00 O O O O O O O O O O O O Q S O O O O O O O O O O 000 O O O O O O O "f O O O O 0 0 O O O O O O O O O O O O O O m 00 00 00 00 cc 0 0 0 0000000 ` co w N n O O O N O n O, N O O m CO N n Q m N e- N N tn0 t0 g GG rnn t+l Ntb n �O OI n to C7 e-V N O N W N N m M w O ID aO n � O 0 N CO O C V Cq N r- U. O C M N ^ N N 10 NO N^ A ca OO V Mf0 O t0O 0 to NtON � 00 .-N "f N N N h U m p W IL Iy- cmi O U) F y F = H H W m C CO) Z O ZV y o -W(� �W d g � O z IL I-. C Wd WQKz KW 6 d H'0QdU E m= W O N u d Wq m N us 0 Do ui o� Q ydU) U)U on UU U : (0 JE J (0 0 1 m L) z: Cl)U)0 Wy-Z1 W yW U)0 W QIz > m m U0xaL 373 r� p a d cc e0 V N :F. l0 O L w+ C p V E Q N r N 0 (D N v to m M N N n� V M 0 co at co n w O M OI M O N OD N Ol if] to N /0 t� W N M NM OD f0 O n (D �D N N t0 {T o FD- m } o00 000 000 o000 00000000O 0000000 Z000 o0O 000 0000 000000000 000000CD o00 000 000 0000 000000000 0000000 cl N o 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 o O o o O o 0 Q 0 00 000 000 0000 00000000O 0000000 Ooo Ooo 000 00Oo Or do a 0 0000000 o 0 0 0 0 0 000 0 0 0 0 0 00000000 0 0 0 0 0 0 0 o 0 0 0 o O o 0 0 0 0 0 0 000 o 0 0 0 0 0 0 0 0 0 0 0 0 O M cmn— cm O00"OOO o co- n O^n N NN a NNO �n� �aOO � � � co N m W e-000ON N MNo1 M n m M N N O co 0 N T O to I--0 i D 0 0 0 0 0 0 M, M Ch CM a N m Y (NO t- O) e LL N M w OD 0 0< O CO � P, N 0 0 0 '- � O^ � n IT O N to O N O to M 7 C 9 O O o O� W c c c c m J ] a NIL = u > > FL = u> m �' c � o = - R - � m U �D 0 �� w G> c o (D c W F$a �¢ c+a 1 5; o� N¢ > W.Q? �QF O o a)cp @0-� c > C J Q ¢ 0 N¢ a iS W N C H y W F y N E t rd go A b o 0 0 ma�SNJo c 2-" o o= o g oz o Zo� o V � p c a z 374 TO: FROM: DATE: SUBJECT: MEMORANDUM Susan Maysels, Interim City Clerk Greg Butler, Building & Safety Director Lfs May 14, 2012 Correction to April 2012 Building Department Report The Building & Safety Department Report for April 2012 (Agenda Item D4 for the May 15 City Council meeting) contains an error on Page 2 (Building Permit Statistics). As originally submitted to the City Council, the table shows 8 SFD and 314 Total Permits Issued (bottom row of the first two data columns). These totals are incorrect. The attached sheet replaces the one previously submitted, and includes the corrected data: • 13 SFD Permits Issued year-to-date; • 433 Total Permits Issued year-to-date. There are no additional changes to report. Please let me know if you need additional information. IF 375 tD tp Ol N Ol N N a .I M N a N tp OD lD N O a N 0 M lfl N a n M 00 a M N a O m Q1 m N C p N CO n b ti N O t0 V lff Of N M i+A N M N CO M m 0 N O N M N O M O 0 pf m N 0f w N CD N Of m ?` M N ti dl .? 1+1 (4 N lfl li, a OD a > O 9 v O a� F O N {p N M M M N 1 0 Y) N a N m rl E Ul -- — inN 4 N .I .i M N M O m .1 11 LL a Ol N 01 M O a N 01 N 10 N In a N N tp Of 01 a M a M a pl N .r C D N O n in ti % N R N Ri ' I .- N M ^ . m N N M . M M .i O .l N N. N .4 a CO O N O . O m 0 W r O N N of a v M N M N N M M N > p 9 v ~ ~ O N I �r0% I, O m m o .l a w O N .+ a e O n .+ N O N N a .+ O w IT N �V O ti N d N O r M M Ifl M N N .'I m O h O N ID N 0 m .i O pl en q tD O M N N > O -a'a N O NI a a t n a n m m c LL M i I i e E d E E to `m im ° o a m f �� Ti o a"i _LL ..it 376 DEPARTMENT REPORT: S cFM OF TO: Honorable Mayor and Members of the City Cou it FROM: Edie Hylton, Community Services Direct DATE: May 15, 2012 SUBJECT: Community Services Department Report for April 2012 Upcoming events of the Community Services Department for June 2012: Aquatics Aqua Zumba Luau and Leis Pool Party Youth Swim Lessons (6 months - 15 yrs.) Adult Swim Lessons (16 yrs. & Up) The Masters Club (18 yrs. & Up) Recreational Swim Team (6-17 yrs.) Splash Ball Water Polo (5-9 yrs.) Junior Lifeguard Training (10-14 yrs.) Water Aerobics & Water Walking (18 yrs. & Up) Computers *Basic Internet and Email *Basic Microsoft Word 2010 Adobe Photoshop Elements, Senior Center Use a Digital Camera, Senior Center Dance Jazz/ Hip Hop (3-5 yrs.), Fitness Center Pre-Ballet/Jazz (3-5 yrs.), Fitness Center Dance, Play & Pretend (2.5-5 yrs.), La Quinta High School Beginning Ballet (5-10 yrs.), La Quinta High School Ballet/Tap (4-6 & 7-10 yrs.), La Quinta High School Exercise & Fitness *Morning Workout *Mat Pilates *Yoga for Health *Chair Yoga Meditation, Library Yoga AM, Library Yoga PM, Library Jazzercise, Senior Center Zumba, Senior Center. Music Beginning Guitar, Senior Center Second Level Guitar, Senior Center .n 377 Free Programs *Quilters *Woodcarvers Leisure Enrichment Expressive Landscape in Acrylic, Senior Center Martial Arts Karate/ Taekwondo, Senior Center Special Events *Hawaiian Luau Luncheon Special Interest *Color Collage Writing *AARP Safe Driver *Expressive Landscapes in Acrylic Sports Open Gym Basketball & Volleyball Father's Day Tournament, La Quinta Park Summer Golf Tour Terra Lago, South Course Escena Golf Club Mission Hills Country Club, A. Palmer Course Tahquitz Creek, Resort Course Heritage Palms *Senior Center class or activity 378 Community Services Department Attendance Report for April 2012 Summary Sheet Variance Sessions Per Month Program 2012 2011 2012 2011 Leisure Classes 208 178 30 84 81 Special Events 3800 4225 -425 2 4 Sports 588 547 41 23 18 Senior Center 1335 1515 -180 113 134 Total 5,931 6,465 -534 222 237 Senior Services Senior Center 291 318 -27 20 18 Total 291 318 -27 20 18 Sports User Groups La Quinta Park AYSO 300 200 100 24 23 LQ Youth & Sports 150 150 0 17 21 Desert Boot Camp 50 50 0 10 10 Sports Complex LQ Youth & Sports 850 800 50 18 16 Colonel Mitchell Paige C.V. Revolution 20 0 20 8 0 LQ Futbol - Natives 20 0 20 8 0 Facility/Park Rentals ' Senior Center (Private Party) 300 400 -100 2 3 (Sunday Church) 375 300 75 5 4 Museum Meeting Room/Courtyard 0 0 0 0 0 Library Classroom 600 300 300 10 5 Civic Center Campus (Private Party) -1 600 500 100 1 1 Park Rentals La Quinta Park 250 350 -100 5 6 Fritz Burns Park 50 50 0 1 1 Total 3,565 3,100 465 109 90 Total Programs 9,787 9,883 -96 3511 345 Volunteer Hours Senior Center 2931 322 -29 Total Volunteer Hours 2931 322 -29 • 1 East County Child Care Council - Children and Family Festival ..N 379 Community Services Department Program Report for April 2012 2012 2011 2012 2011 Participantsl Participants Variance Meetings Meetings Leisure Classes Acrylic Painting 16 10 6 3 3 Pre-Ballet/Jazz 3- 5 4 0 4 4 0 Ballet/Tap 4-6 3 26 -23 4 4 Italian For Everyone 9 11 -2 1 1 Color and Collage 3 01 3 3 0 Zumba 23 23 0 8 8 Yoga - Morning 6 8 -2 4 4 Yoga - Evening 12 11 1 4 4 Adobe Photo Basic 4 9 -5 3 4 Computers - Beg. 4 5 -1 2 4 Guitar - Beg. 3 8 -5 3 2 Guitar - Rock Solo 3 3 0 3 1 Karate/Taekwondo 4- 8 (Beg.) 25 0 25 9 0 Karate/Taekwondo 4- 8 (Inter.) 35 0 35 9 0 Karate/Taekwondo 9 & up 36 0 36 9 0 Beginning Ballet 4 0 4 3 0 Dance, Play, Pretend 7 7 01 4 Jazzercise 11 13 -21 91 8 Totals 1 2081 1341 741 841 47 2012 2011 2012 .2011 Participants I Participants Variance Meetings Meetings Special Events Youth Egg Hunt 800 1000 -2001 11 1 City Picnic & Birthday Party 3000 3000 01 11 1 Totals 3800 4000 -2001 21 2 2012 2011 2012 2011 Participants Participants Variance Meetings Meetings Sports Open Gym Basketball 409 403 6 13 12 Open Gym Volleyball 127 102 25 4 4 W.E.L.L. Walking Club 5 20 -15 1 1 Nature Walk 12 22 -10 1 1 Y T-Ball Rookies 1 35 01 35 4 0 Totals 1 5881 5471 411 231 18 Community Services Totals 1 4,5961 4,681 -851 1091 67 " 380 Community Services Department Monthly Revenue Report for April 2012 Monthly Revenue - Facility Rentals 2012 2011 Variance Library $ $ - $ Museum $ - $ - $ Senior Center $ 1,425.00 $ 2,200.00 $ (775.00) Parks $ 637.50 $ 775.00 $ (137.50) Sports Fields $ 928.00 $ 890.50 $ 37.50 Monthly Facility Revenue $ 21990.50 $ 3,865.50 $ (875.00) Monthly Revenue Senior Center $ 4,062.001 $ 6,233.00 1 $ (2,171.00) Community Services $ 8,986.00 $ 4,770.00 $ 4,216.00 La Quinta Resident Cards $ 17,170.00 1 $ 8,400.001 $ 8,770.00 Total Revenue $ 30,218.00 1 $ 19,403.00 1 $ 10,815.00 Revenue Year to Date Facility Revenue •1 $ 27,687.50 $ 44,481.00 $ (16,793.50) Senior Center •2 $ 32,075.50 $ 47,685.50 $ (15,610.00) Community Services $ 63,799.50 $ 46,518.00 $ 17,281.50 La Quinta Resident Cards $ 98,425.00 $ 78,665.00 $ 19,760.00 Total Revenue to Date $ 221,987.50 $ 217,349.50 $ 4,638.00 *i Loss of ongoing church rental on Sunday afternoons and decrease in number of private party Senior Center rentals. t 2 Senior Center users are choosing less expensive courses and activities and attendance is down in some programs. -. w 381 Senior Center Attendance Senior Center Program Report for April 2012 Participation Participation Variance Meetings Meetings 2012 2011 2012 2011 Senior Activities ACBL 2 99ers 176 172 4 4 5 Bridge, Social/Party 412 409 3 19 17 Monthly Birthday Party 50 46 4 1 1 Monthly Luncheon (Volunteer Recognition) 71 68 3 1 1 Movie Time 70 58 12 4 4 Talent Show 80 .160 -80 1 1 Tennis 118 141 -23 8 8 Putting Action 14 11 3 4 4 Senior Activity Total 991 1065 -74 42 41 Senior Leisure Classes AARP Safe Driver 18 0 18 1 0 Acrylic Landscapes 12 5 7 1 3 Intermediate Bridge 7 15 -8 1 1 Digital Camera 8 0 8 2 0 Color Collage Writing 6 0 6 3 0 Exercise 31 56 -25 13 13 Golden Tones 33 40 -7 4 4 Hooked on Loops 13 11 2 5 4 Mah Jongg 41 0 41 4 0 Mat Pilates 30 27 3 13 13 Quilters 28 52 -24 4 5 Swing/Latin Fusion 9 7 2 1 2 Ukulele Players 58 90 -32 7 7 Woodcarvers 37 49 -12 4 5 Yoga for Seniors/ Yoga for Health 13 13 8 Senior Leisure Classes Total 344 352 -8 71 57 TOTAL SENIOR PROGRAMS 1335 1417 -82 113 98 Senior Services AARP Taxes 32 23 9 9 4 Health Screen (Med. Exp. & Help U Hear) 10 .0 10 1 0 FIND 203 192 11 10 5 HICAP/Notary/Legal/Alzheimer's/Lobby 15 20 -5 10 5 Volunteers 31 47 -16 n/a n/a TOTAL SENIOR SERVICES 291 282 -10 20 10 SENIOR CENTER TOTAL 16261 1699 -92 - 1331 108 332 The Gems symbolize the Wellness System Fees Ruby Level = $50.00 Self -Directed Program; One Year -Key Use Sapphire Level = $175.00 All Ruby Level Benefits; Pre -Fitness Assessment Test; Custom Designed Program by Personal Training Staff; Post -Fitness Assessment Test Diamond Level = $295.00 All Ruby and Sapphire Level Benefits; Three Additional Personal Training Sessions • Members Sold is the # of memberships sold that day. • Walk-ins are people without membership cards that are paying a daily $5 fee. • Daily counts are the # of Members coming into the center that have had their membership cards scanned by us. • The totals at the end of each row is the total of all of the above transactions for the day. 384 Parks Activities Updates For April 2012 During the Spring Break, additional infield material was installed at the Sports Complex. The material was purchased by the City and installed by volunteers from the La Quinta Youth Sports Association. New ducklings have appeared at the Civic Center Campus. Staff continues to post educational fliers about the harmful effects of feeding bread to ducks. "Not only can bread be fattening to ducks and make it harder for them to fly and otherwise evade predators, feeding ducks bread can also lead to other problems including Duckling Malnutrition. In an area where ducks are regularly fed bread, ducklings will not receive adequate nutrition for proper growth and development. Furthermore, because ducks will naturally seek out an easy food source, such as human handouts, ducklings will not learn to forage for natural foods as easily." One of the two shade structures at La Quinta Park playground area was removed for warranty repairs. A volunteer group worked on the Bear Creek Trail on Saturday, April 21. The group removed fountain grass that was growing along the trail. Even though fountain grass is used in landscapes throughout the Coachella Valley, it is not native to this desert and is growing along the trail voluntarily. -'I 383 Department Report: 7A t, V .c ow5 SOFT TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directot79 DATE: May 15, 2012 SUBJECT: Department Report for the Month of April 2012 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of April 2012. ,t 385 1 W CC g0 fr W N < (r IL - 0 w Z CN O w J O a Z � Q Z Q Z w a � 0 Z w 0 H H g a m E O U U) w N y O LU a a a a a a a a a a a a a a a a a a a a a C1 a s N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y GI Y N Y N Y N Y N Y W = N N C E Y Y Y a Y a Y Y Y a Y s Y a Y a 1+ a.0 Y Y a.0 Y Y Y -0 Y Y Y Y Ld C -0 .0 .0 .En a m a a Z t 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 z Q N N W w W w N w M w N w N 0 M 0 w w N 0 N cn J OQ O_ O�OONO,No,mo0000nO00rn atn' O Z Q fA Z J _O F- y Y W N H - wa y a> N E Z_ c N C C Y O N Ct E c w v E y C N a N W E ._ �. 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(A Cn Cn F- I— >1 N I N IH H 0 a a Q 0 Y E m 387 CV7 Department Report: I 1j N .tC.yd 9�c y OF T1 TO: The Honorable Mayor and Members of the City Council VIA: Mark Weiss, Interim City Manager FROM: Les Johnson, Planning Directo DATE: May 15, 2012 SUBJECT: Department Report - Indio Polo Fields Goldenvoice Concerts - Update As scheduled, the Coachella Music and Arts Festival and Stagecoach Music Festival were conducted last month. For the first time, the Coachella Music and Arts Festival was held on two weekends this year (April 13-15 and April 20-22) while the Stagecoach Music Festival was for one weekend but extended for the first time from two to three days (April 27-29). Staff was able to observe operations and monitor the festivals all three weekends. A summary of staff's observations relevant to previous concerns raised by La Quinta residents is as follows: Traffic & Circulation: In an effort to minimize impacts upon surrounding properties and residents of La Quinta and Indio, several changes were implemented this year. The shuttle system was expanded and approximately 25,000 shuttles were utilized during the two Coachella weekends. A much smaller number of shuttles were utilized during Stagecoach. Multiple shuttle routes were available with several providing service to various hotels across the valley. The main shuttle location was the Indian Wells Tennis Garden. This year the parent drop- off/pick up area and taxi staging area were relocated to Lot 13, which is adjacent to Avenue 52 and Madison. This resulted in more vehicle and pedestrian traffic at this location than in previous years. Though the change did increase traffic in this particular area, the operation flowed well and was a significant improvement over previous years when this operation occurred on `a _ 388 Avenue 50 west of Monroe. The relocation also improved the flow of pedestrian traffic heading to and from neighboring La Quinta residences. Overall, traffic flow on streets surrounding the venue has significantly improved over the past two years. Though some congestion occurred during peak flow periods, most notably the 90 minutes or so following the final performance of each evening (known as blowout) and on Monday mornings between 8:00 a.m. and 11:00 a.m., most of the surrounding streets open for vehicular traffic were free of any traffic delays. Goldenvoice retained a traffic consultant to monitor the traffic flow for all three concert weekends this year. The results of the monitoring effort will be provided in the near future. Hours of Operation: The agreement between Goldenvoice and the City of Indio identified specific ending times for Coachella and Stagecoach, including a noise curfew for the camping area. The ending times for Coachella were identified as being 1:00 a.m. on Saturday, for Friday's event and 1:00 a.m. on Sunday, for Saturday's event. Sunday's event ended at 12:00 a.m. on Monday. The ending time for Stagecoach was identified as 12:00 a.m. for all three days. The noise curfew time was identified as 1:30 a.m. Both Coachella and Stagecoach complied with the ending time, with exception to one of the Coachella evenings that ended three minutes late. With exception to an isolated sound check issue in the camping area the Thursday/early Friday morning prior to the first Coachella weekend, the camping noise curfew time was adhered to. It should be noted that for Stagecoach, the venue ended much earlier than the ending time identified in the agreement, ending at approximately 11:00 p.m. on Friday and Saturday, and at approximately 10:20 p.m. on Sunday. Noise: The agreement between Goldenvoice and the City of Indio allows for a maximum noise level of 100db at the perimeter of the venue. Goldenvoice retained a consultant this year to monitor the noise level. Noise monitoring devices were established near the four perimeter intersections consistent with the monitoring locations identified in the agreement. The consultant provided monitoring information from each of the stations to be read in real time via a webpage. In addition, the consultant provided a summary of the monitoring following each of the three weekends. In summary, the monitoring identified that maximum noise level was not exceeded during the three weekends. In addition to the monitoring provided by Goldenvoice, staff also conducted spot noise level checks at several locations and various times throughout each of the three weekends. Based upon this effort, staff believes that the noise monitoring "/ 339 information provided by the consultant to be accurate. However, it should be noted that the venues were quite loud at times, which resulted in a number of complaints that were namely voiced during the late evening/early morning hours of the two Coachella weekends. The complaints received generally focused on the noise impact associated with the bass and the ending time. Security: As a result of the community and HOA meetings conducted late last year and concerns raised with regards to security provided for the neighboring communities, Goldenvoice provided financial assistance to add additional private security. There was a visible presence of private security officers as several of the surrounding gated communities (Rancho Santana, Carmela, La Cantera, Polo Estates, and Mountain View). In addition to the private security, Goldenvoice also provided financial assistance to allow La Quinta Police to add two additional officers during the evening hours. These officers were dedicated to patrolling the La Quinta area neighboring the venue and responding to any matters in La Quinta associated with the concerts. At the request of The Hideaway, Goldenvoice also paid for a La Quinta police officer to be stationed in front of their main entrance during the afternoon hours for each day of the Coachella concerts. Advertising Planes: Prior to this year's concerts, several La Quinta residents expressed concern with the noise associated with the advertising airplanes. The City of Indio has been working closely with the FAA to establish a no -fly zone surrounding the venue and thus eliminate this impact. They have been unsuccessful in their efforts to date. However, the FAA did issue an advisory warning just prior to this year's concerts clearly identifying the mandatory ceiling height for airplanes. During Coachella, several advertising airplanes flew throughout the day and one airplane during the evening for each of the six days. This resulted in multiple complaints being received from La Quinta residents. During Stagecoach, no advertising airplanes were observed during the day and one airplane flew during the evening. The City of Indio is continuing to work with the FAA in establishing a no - fly zone during the concert events. Dust: Previous concerns were raised with regards to dust impacting neighboring residents, particularly in the Rancho Santana neighborhood. Goldenvoice increased watering efforts this year, which significantly reduced the amount of dust from what was generated in years past. A significant effort was made to water key roads, driveways and intersections just prior to the "blowout" period at the end of the day. '• N 390 In summary, several key improvements were made to this year's series of concerts that clearly reduce impacts upon La Quinta residents. The number of complaints we received this year are down from previous years. Staff will continue to work closely with Goldenvoice and Indio representatives to further address noise impacts, which remains as the paramount concern voiced this year, and any other concerns. Goldenvoice will be conducting additional community meetings in the near future. Similar to the community and HOA meetings previously held, this venue will provide opportunity for residents to interact directly with Goldenvoice, Indio and La Quinta representatives regarding the concerts. Meeting dates have yet to be set but more information should be available shortly. 391 DEPARTMENT REPORT: O 00 s Ci a 4 , MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: May 15, 2012 SUBJECT: Public Works Department Report for April 2012 Attached please find the following: 1. Citizen Service Request Summary; 2. Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. 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E �_ W N �' .t+ V 0 !_' C L E c Y N O L C 7 x t L N 0 Lo L c N O N c L L O N L .GI U OC p (n — U iU Y ._ � fA N r N V a1 N E c Co r@° d cc 7 U f- U .� � .0 Z O H � c N Hcoco co coW Z CU 0 O U InN 10 m co Z � c N r ) d W m H O � r wa N N O In c Lo m N N d N � r• N d a °) c 3 as c 0 E c r Ma > F. C N a m W d CL �. 3r mq iu >� 3, 0 N Ma N N mao p. v aH a � E Lov E ocN Q> >L0Ni i0eci o :6 > o o? C CD 0 N . N�E N N r M 0 a r' LwYr`�•y_Eyc�++ ° 'a ON c�.• (a t) -CO (ay. + oO N f , + O7Cl)UV c0C OO Uf1fU N Cct0cy 60.N 70U 9 Na Q �DN 0a 0)0 � O C �O° o 0N 0) NC Cl NQ�ANG £U'm3d�my��mcO� °�dQZC N ` J��f0U' L jC • L aL@ p :OL Q NCNU2> a� 0o + CLL � mmao°o�G��'aN Cc >d�� UaL2CO° a�YycyNo7i 7 a��•'mo aaF-'-_ayy0eC�. =�aEyaci �=.Lm L_w.a"C_3+. @N'LdtdvCo �m _��.C`°OC aOr�Y�c3t�t`33°. W�Ua"•°aYYcO`� y�.��a_dv_c-ytI�I N��v'��e�OOM�rFe.$-•am rrGU�¢rtaYQcCooCC MONTHLY SUMMARY OF PUBLIC WORKS TASKS MONTH OF: April 2012 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 2 Men 1 Man Total 1000 /Inspection 43 82.5 4 11 140.5 1001 Pot Hole /Cracks/Repair/Patching 64 2 0 2 68 1002 Pavement Marking/Legends/Striping 0 0 0 0 0 1003 Pavement Marking (RPM) 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Traffic Controls 0 26 0 0 1 26 1007 Concrete C& G/Sidewalk Repair/Const. 0 4 12 0 16 1008 Other Concrete Repairs/Const. 0 13.5 0 0 13.5 1009 Street Sign Install (New) 10 0 0 0 10 1010 Street Sign Repair/Maint 47 14.5 0 6 67.5 1011 Debris Removal/Right of Way Maint. 45 26.5 27 3 101.5 1021 Rondo Channel Outlet/Vault 3 0 7 0 10 1022 Desert Club OutleUVault Maint. 0 0 0 0 0 1023 Storm Drain/DW/CB/S Filter/Repair/Maint. 6 13 3 1 23 1024 Gutter/Median Sand Removal 0 6 0 0 6 1025 Street Sweeping (Machine) 0 145.5 0 0 145.5 1026 Street Sweeping (Hand) 8 6 0 0 14 1027 Fred Wolff Sidewalk/Bike Path Cleaning 5 0 0 0 5 1028 Dust Control 0 10 0 0 10 1029 Flood Control 0 0 0 0 0 1030 Parks Graffiti 28 50 21 1 1 100 1031 Parks Inspection & Maint. 2 31 76 0 109 1040 Irrig/ Weeding, Shrubs & Tree Trimming 41 19 55 3 118 1050 Landscape/Irrigation Contract Managemen 0 0 24 7 31 1051 Lighting/Electrical Contract Management 0 0 33 10 43 1060 Vehicle/Equipment Maint./Service 3 21 0 0 24 1070 Vandalism Repairs 0 0 0 0 0 1071 Graffiti Removal 173 76 24 5 278 1072 Maint. Yard Building Maint. 8 8 7 5 28 1073 Seminars/Training 43 16 4 8 71 1074 Special Events 28 0 14 0 42 1080 Meeting 10 19 0 20 49 1081 Office (Phone, paperwork, reports, Misc.) 11 34.5 9 72 126.5 SUBTOTAL 578 624 320 154 1676 1090 Over Time 4 4 0 0 8 1091 Jury Duty( 0 0 0 0 0 1092 Sick Leave 70 0 0 0 70 1093 Vacation 29 8 0 6 43 1094 Holiday/ Floating Holiday 7 8 0 0 15 1095 Worker Comp/ Short Term Disability 116 0 0 0 116 1096 Bereavement / Admin Leave 0 0 0 0 0 SUBTOTAL 226 20 0 6 252 TOTAL HOURS 804 644 3201 1601 1 1928 TOTAL MILES 32511 40141 16661 1641 1 9095 Fuel T e (March, 2012) 1 1 lGallons Gas 668 609 1277 $4.40 CNG (Compressed Natural Gas 566 $0.51Diesel M$287.53 141 $4.60 •. it 398 Department Report: 9 0 r 11 LA' UI TA P@LICE Served by the Riverside County Sheriffs Department Police Department Monthly Report April 2012 Prepared for Wkl 0 La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Frank Taylor Chief of Police Sunday, April 1, 2012 No Significant Activity Monday, April 2, 2012 8:43 PM — Officers responded to the 79200 block of Highway I I I regarding a report of an act of vandalism. Employees at the location found that a locked trash bin had been forced open and damaged. Tuesday, April 3, 2012 12:03 AM — Officers were dispatched to the 51100 block of Avenida Carranza reference a report of brandishing a weapon. Three individuals were approached by two male suspects who brandished a weapon before being frightened away. No one was injured and there was no loss of property. 3:14 PM — Special Enforcement Team officers conducted a traffic stop on Calle Nogales and Avenida Vallejo. Esther Gonzalez, 47, of La Quinta was arrested for being in possession of methamphetamine. 6:20 PM — Officers responded to the 78900 block of Highway I I I reference a theft call. Security officers had detained David Solowitz, 22, of Newhall for exchanging stolen items for cash refunds. Burglary charges will be filed out of custody. Wednesday, April 4, 2012 2:30 PM -- Special Enforcement Team officers conducted a parole compliance check in the 78400 block of Golden Sands Place. Matthew Wickersham, 31, of La Quinta was found to be under the influence of a controlled substance. He was booked into the Indio Jail. Thursday, April 5, 2012 No Significant Activity Friday, April 6, 2012 2:23 AM — Officers conducted a traffic enforcement stop at Dune Palms Road and Avenue 48. Cecilia Ramirez, 26, of La Quinta was arrested for an outstanding battery warrant. Gary Colona, 35, of Cathedral City was also arrested for possession of drug paraphernalia. Ramirez was booked into the jail and Colona was issued a citation. 1:03 PM — Special Enforcement Team officers arrested a male juvenile, 15, for a no bail weapons warrant and possession of marijuana during a pedestrian check on Avenue 52 and Avenida Bermudas. 6:02 PM — Officers responded to the 78200 block of Highway l l l in reference to a theft. Beau Burnette, 40, of Palm Springs was arrested for shoplifting and booked into the Indio Jail. •.4 400 Saturday, April 7, 2012 5:58 PM — Officers conducted a vehicle stop on Avenida Bermudas and Calle Tampico. The driver, Daniel Alacano, 44, and passenger, Harry Macon, 30, both of La Quinta were arrested for probation violations. A second passenger, Marcos Ochoa, 32 of Coachella was arrested for a parolee at large warrant. 6:59 PM — Officers responded to the 78200 block of Highway 111 and arrested Rosa Baltazar, 43, of Indio for shoplifting. Sunday, April 8, 2012 7:52 PM — Officers responded to Avenue 52 and Washington Street and arrested William Ledger, 72, of. Palm Springs for driving under the influence and causing an injury collision. Monday, April 9, 2012 11:30 PM — Officers received a report of domestic violence in the 53700 block of Avenida Carranza. Colleen Flores, 28, of La Quinta was arrested for domestic battery. Tuesday, April 10, 2012 12:02 AM — Officers were dispatched to the 54600 block of Eisenhower Drive regarding a violation of a domestic violence restraining order. Michael Valerie, 34, of Cathedral City was arrested for the restraining order violation, domestic battery and vandalism. 2:41 PM — Special Enforcement Team officers conducted a vehicle check at Highway I I I and Washington Street. William O'Neill, 50, of La Quinta was arrested for possession of heroin and being a parolee at large. qV 9:28 PM — Officers responded to the 79200 block of Highway 1 I 1 reference a burglary. Christopher Hill, 39, and Rosemary Caddo Hill, 42, both of Indio were arrested for commercial burglary. Wednesday. April 11.2012 1:28 PM — Officers responded to the 79200 block of Highway I I I reference a theft. Jeremy Singleterry, 28, of Bermuda Dunes was arrested for commercial burglary and transported to the Indio Jail. 2:27 PM -- Officers were dispatched to the 79200 block of Highway I I I to investigate a report of shoplifting. Kyle Finnegan, 22, of Indio was arrested for shoplifting and transported to the Indio Jail. 4:20 PM — Officers responded to the 78900 block of Highway I I I and arrested Crystal Martinez, 31, of Indio and Tamara Wales, 23, of La Quinta for shoplifting. 5:55 PM — Special Enforcement Team officers conducted an area check at Young Lane and Highway 111, Indio and arrested Nicholas Kisylia, 18, of Bermuda Dunes. Kisylia had an active felony warrant for burglary and possession of a controlled substance. 7:05 PM — Officers responded to the 51900 block of Avenida Mendoza in reference to a report of an assault with a deadly weapon. An on -going feud led to a verbal altercation which escalated to the brandishing and discharge of a weapon. The suspect was identified as Jose Manuel Hernandez, 18, of La Quinta. No one was injured and no property was damaged. it 4 j1 Thursday, April 12, 2012 7:38 PM — Officers were dispatched to the 78900 block of Highway I I I and arrested Amaro Gutierrez, 24, of Indio for commercial burglary. Friday, April 13, 2012 1:07 AM — Officers responded to the 78900 block of Highwayl I I regarding an alarm activation. Officers arrived and found a front window had been smashed and items had been stolen from the location. 3:25 AM — Officers conducted a traffic enforcement stop in the area of Avenida Herrera and Avenida Montezuma and arrested Brandon Duke, 32, of Hemet for driving under the influence. 11:37 PM — Special Enforcement Team officers conducted a traffic stop at Avenue 52 and Jefferson Street. Kristen Kaylor, 25, of Indio was arrested for a felony drug warrant and was booked into the Indio Jail. Saturday, April 14, 2012 No Significant Activity Sunday, April 15, 2012 1:34 AM — Officers responded to the 79400 block of Highway I I I reference a beer theft. A male adult walked in, took a case of beer, and fled on Dune Palms Road. 12:03 PM — Officers responded to the 78900 block of Highway I I I regarding a disoriented individual. Juan Arismendez, 45, of Indio was found to be in possession of medications without a prescription and ® possession of an illegal weapon. He was arrested and booked into Indio Jail. 8:02 PM — Officers were dispatched to the 79300 block of Nuevo Drive regarding a report of an open door. The side garage door was found forced open and the residence had been burglarized. 11 Monday, April 16, 2012 5:06 am — Officers responded to the 53000 block of Jefferson Street reference a disturbance. Devan Liles, 23, of La Quinta was arrested for driving under the influence of drugs and booked into the Indio Jail. 5:04 PM — Officers responded to Home Depot reference a shoplifter in custody. Omar Ortega, 49, of Indio was arrested for burglary. 8:20 PM — Special Enforcement Team officers conducted a pedestrian check at Calle Sinaloa and Avenida Obregon. Cesar Hernandez, 46, of La Quinta was found to be in possession of cocaine and was booked into the Indio Jail. Tuesday, April 17, 2012 1:00 AM — Officers arrested Josue Barajas, 38, of Indio for driving under the influence at Highway I I I and Dune Palms Road. Wednesday, April 18, 2012 1:44 AM — Officers responded to the 51800 block of Avenida Velasco regarding a domestic violence call. Jessie Cota, 22, of La Quinta was arrested for spousal abuse, mayhem, destroying a telephone line and child abuse. '.0 402 7:45 AM — Officers responded to the 43500 block of Milan Court reference a stolen purse. The victim left her vehicle unlocked while she entered the residence. When she returned to her vehicle her purse was missing. 9:30 AM —Officers were dispatched to the 44100 block of Sonesta Way regarding a vehicle burglary. The victim parked her vehicle in the driveway and when she returned she found the right window smashed and her purse missing from the vehicle. Thursday, April 19, 2012 1:42 PM —Special Enforcement Team officers responded to a suspicious person call in the 54100 block of Avenida Carranza. Preston Greer, 24, of La Quinta was arrested for prowling and violation of probation. 6:52 PM — Officers responded to the 78900 block of Highway 111 and arrested Kiyosha McCray, 18, of Coachella for embezzlement. 7:45 PM — Special Enforcement Team officers served a property related search warrant in the 44900 block of Vista Dunes. During the search warrant officers located stolen property from a recent burglary. Anthony Carrillo, 21, of La Quinta was arrested for burglary and possession of stolen property. 10:37 PM — Officers arrested Justin John, 31, of La Quinta for possession of methamphetamine during a pedestrian check in the 42800 block of Washington Street. Friday, April 20, 2012 11:08 AM — Officers responded to the 53800 block of Avenida Carranza and contacted Michael Bryant, 49, of Indio. Bryant was arrested for being under the influence of a controlled substance. 1p8:15 PM — Traffic Services Team officers arrested David Cole, 54, of La Quinta for driving under the influence during a traffic stop on Jefferson Street and Avenue 50. 8:50 PM -- Officers responded to the 51700 block of Avenida Navarro regarding a disturbance. Sandra Langson, 59, of La Quinta was arrested for public intoxication. - 11:30 PM — Traffic Services Team officers arrested Jeffrey Dolan, 51, of Atwater for public intoxication during a pedestrian check at Highway 111 and Jefferson Street. Saturday, April 21, 2012 9:40 AM — Officers responded to a commercial burglary in the 78200 block of Highway 111. Gregory Kalayjian, 48, of Bermuda Dunes admitted to entering the location with the intent to steal. Kalayjian was arrested and transported to the Indio Jail. Sunday, April 22, 2012 10:42 AM — Officers responded to the 78200 block of Highway 111 regarding a theft. Woodruff Hilton- Bramswig, 20, of Fairfax was arrested for burglary and was booked into Indio Jail. Monday, April 23, 2012 2:23 PM — Officers responded to the 79700 block of Highway I I I regarding an intoxicated subject. Adrian Medina, 25, of Anaheim was arrested for public intoxication. Tuesday, April 24, 2012 I." 4.93 9:59 AM —Officers were dispatched to the 80100 block of Avenue 52 regarding a report of an explosive device. Officers located and removed the homemade device without incident. 11:33 AM -- Officers responded to the 78900 block of Via Carmel reference a residential burglary. There were no signs of forced entry and the investigation is continuing. 3:00 PM — Officers responded to the 78900 block of Highway I I I regarding two juveniles, ages 13 and 14, who had been detained for stealing. Both suspects were booked into Indio juvenile hall. 4:00 PM — Officers responded to the 79200 block of Blackhawk Way to investigate a report of a sexual assault. The juvenile victim was able to provide positive identification of an adult suspect. Investigators arrived to conduct detailed follow-up and continued investigation of the assault. Wednesday. April 25, 2012 No Significant Activity Thursday, April 26, 2012 11:07 AM — Special Enforcement Team officers conducted a pedestrian check at Washington Street and Channel Drive. Davis Burunda, 52, of Indio was arrested for being under the influence of a controlled substance, possession of a controlled substance and possession of drug paraphernalia. 6:30 PM — Officers arrested Victor Urbane, 19, of Indio and a male juvenile, 17, following a pedestrian check at Calle Sinaloa and Avenida Bermudas. The juvenile was in possession of paint markers and blue spray paint and spray tips. Both subjects had white paint on their hands. Urbano was booked at Indio Jail for contributing to the delinquency of a minor and the juvenile was released to his parents. is9:18 PM — Officers responded to the 79100 block of Camino Del Oro in reference to a report of a suspicious person. Garrett Adkinson, 23, of La Quinta was arrested for public intoxication. Friday. April 27.2012 2:39 AM — Officers conducted a vehicle stop at Eisenhower Drive and Avenida Martinez. Sarah Villanueva Oliveras, 25, of Indio was arrested for a felony arrest warrant for possession of stolen property. 2:58 PM — Officers responded to the 79900 block of Highway I I I regarding a bomb threat. Officers and employees conducted a search of the location and nothing unusual was located. 5:04 PM —Officers responded to a report of a theft in the 51600 block of Avenida Vallejo. Two juveniles were playing X-Box in the garage when a male walked into the garage and took the X-Box. Saturday, April 28, 2012 1:00 AM — Officers conducted a vehicle stop at Calle Tampico and Washington Street. Moises Flores, 25, of Coachella was arrested for an outstanding Parolee At Large warrant. 2:30 AM — Officers responded to a disturbance in the area of Madison Street and Airport Blvd. Michael Hoffman, 35, of Colton and Danielle Vencill, 25, of Upland were arrested for spousal abuse and were booked into the Indio Jail 8:40 AM — Officers were dispatched to the 50700 block of Washington Street regarding a report of a domestic disturbance. Michal Tavares, 22, of La Quinta was arrested and booked into the Indio Jail for domestic battery and false imprisonment. 404 4:29 PM —Officers arrested Nicole Shetrone, 38, of Palm Desert for assault in the 78200 block of Highway 111. Shetrone fought and battered Loss Prevention Officers when they attempted to stop her for shoplifting at the location. 9:45 PM — Officers responded to the 78200 block of Highway I I I reference a theft. Adam Trevino, 36, of Desert Hot Springs was arrested for burglary, possession of drug paraphernalia and a drug warrant. 10:07 PM — Traffic Services Officers conducted a vehicle stop at Highway 11 I and Dune Palms Road. Efrain Domingues-Isidoro, 19, of Coachella was arrested for driving under the influence and was booked in Indio Jail. Sunday. Anril 29.2012 1:29 AM — Officers responded to the 78700 block of Avenida Naranja reference a battery and arrested Kurtis Sruhan, 29, of La Quinta 6:45 AM — Officers conducted a vehicle check at Jefferson Street and Avenue 48. Jonathan Milhouse, 22, of Yorba Linda was arrested for driving under the influence. 8:10 PM — Officers responded to the 78200 block of highway I I I regarding a report of a shoplifter in custody. Cheryl Landon, 57, of Agoura Hills was arrested for commercial burglary. 9:20 PM — Officers conducted a vehicle stop on Washington Street and Avenue of the States. Antonio Rodriguez, 40, of Indio was arrested for possession of a firearm and possession of miscellaneous burglary tools. Monday, April 30, 2012 5:40 PM — Officers were dispatched to the area of Adams Street and Highway 1 I I in reference to a report of an intoxicated subject. Jaime Eric Campos, 22, of La Quinta was arrested for public intoxication. 11 4�5 11 Officer David Koedyker Officer Christian Bloomquist Officer Stephen Davis CITY OF LA QUINTA Special Enforcement Team April 2012 Sgt. Alan Northrup Stephen Davis. SUMMARY FOR THE MONTH OF APRIL 2012 Cpl. Joshua Reinbolz Officer Justin Pittenger Officer Miguel Ramos Type of Activity # of Incidents Type of Activity # of Incidents Programs 7 Search Warrant 7 Vehicle Checks/Stops 76 Probation/ Parole Search 31 Pedestrian Checks 32 Arrest Warrants Served 16 Investigative Follow-ups 22 Arrest/Filing-Felon 16 Property Value Recovered $2,250.00 Arrests/Filing- Misdemeanor 16 -..If 406 SIGNIFICANT ACTIVITY La Quinta Special Enforcement Team (SET) officers served a property related search warrant at a residence on Vista Dunes Lane. The warrant stemmed from a residential burglary that occurred in the north end of the city. During the search warrant, officers located several items that had been stolen during the burglary. A La Quinta man was arrested for residential burglary and possession of stolen property. La Quinta SET officers conducted an occupied vehicle check at a shopping center near the intersection of Highway I I I and Washington Street. A La Quinta man was arrested for possession of a controlled substance and being a parolee at large. Officers from La Quinta SET conducted a traffic enforcement stop at Avenue 52 and Jefferson Street. A 25 year old female from Indio was arrested for a felony warrant and possession of a controlled substance for sale. La Quinta SET officers conducted an extensive follow-up investigation related to numerous thefts of expensive watches that have occurred over the course of several months. The thefts occurred at various golf courses within the city and throughout the Coachella Valley. Working with officers from the Palm Desert Station and other law enforcement agencies a suspect was identified. La Quinta SET officers interviewed the suspect, who was in custody in another jurisdiction, and he admitted to stealing several watches in the city of La Quinta. Charges will be filed with the District Attorney's Office. Officers from La Quinta SET were patrolling in the area of Avenue 54 and Monroe Street when they noticed a female standing near a parked vehicle. Upon further investigation officers discovered the vehicle had been burglarized and observed a second female who was hiding nearby. The two women were arrested for vehicle burglary. One of the suspects was also found to be in possession of a controlled substance and burglary tools. SET Officers responded to a call of a suspicious person looking into vehicles in the area of Highway I I I and Adams Street. Officers located a juvenile matching the description and he was arrested and booked into juvenile hall for a theft warrant. La Quinta Special Enforcement Officers assisted the La Quinta Traffic Team with distracted driver enforcement throughout the month. During the program, SET officers issued 30 traffic related citations. SET officers, with the assistance of Thermal Station Investigations, served a property related search warrant in the city of Indio. The search warrant stemmed from a residential burglary that occurred in the La Quinta Cove. The suspect was not home at the time of the search warrant. Officer located a small amount of drugs and an illegal weapon in the suspect's bedroom. Charges will be filed with the District Attorney's Office. During the month of April, SET officers attended several homeowners' association meetings in the city. SET officers heard from citizen's regarding possible criminal activity and general quality of life issues. Officers also provided crime prevention tips. SET Officers hope to reduce the crime in the city by educating the public to current crime trends and by gaining better cooperation from citizens with reporting crimes and suspicious activity. ...w 4.97 11 F SRO Rebecca Smith La Quinta High School CITY OF LA QUINTA School Resource Officer Report April 2012 $umma!V ofActivlty Type of Activity IF Number of Incidents Reports 15 Investigative Follow-up 7 Arrests 14 Y.A.T. Referrals 9 City Park Checks 16 Vehicle Checks / Pedestrian Checks 12 / 31 Business Checks 2 County Citations / City Citations 6/8 Public Assist 6 District Attorney Filings 5 SIGNIFICANT ACTIVITY SRO Smith observed two male juveniles as they attempted to come on campus during lunch break. SRO Smith made contact with the two males and found that they were in 19 possession of alcohol which was concealed in a water bottle. A consent search of their vehicle resulted in the location of marijuana and drug paraphernalia. SRO Smith also determined that the driver of the vehicle was in violation of the terms of his provisional driver's license. Charges were filed out of custody and the case is pending. SRO Smith investigated the vandalism and theft of cash from two vending machines on campus. Damage to the vending machines was estimated at $1,400.00 and the loss of cash was estimated to be $32.00. SRO Smith reviewed video surveillance of the area which showed three adults, two males and one female, entering the property through an unlocked gate. Video surveillance showed the same three subjects leaving campus approximately one hour later. SRO Smith, working cooperatively with Desert Sands Unified School District personnel, confirmed that the same three subjects were suspects in multiple acts of vandalism and theft from vending machines at Jefferson Middle School. In the course of her investigation, SRO Smith identified the female suspect as a transient who is currently on parole. SRO Smith shared the information with the La Quinta Special Enforcement Team officers who will actively join the investigation. SRO Smith routinely conducts patrol of the campus as well as La Quinta Park located north of the campus. In the course of her patrol effort she conducted four pedestrian checks which resulted in the arrest of three juveniles and one adult for possession of marijuana. In addition, SRO Smith was patrolling the park when she was contacted by a student who told her that a female student had just attempted to rob him by force at the Sun Bus stop on Adams Street. SRO Smith located the female suspect who confessed to the attempted robbery. The female suspect was booked into juvenile hall where she is remains in custody with charges pending. -" 499 C 11 CITY OF LA QUINTA School Resource Officer April 2012 SRO David Alexander La Quinta Middle School Franklin Elementary School Truman Elementary School Adams Elementary School Summary o%Activity Type of Activity Number of Incidents Reports 4 Pedestrian Check 8 Business Checks 3 Traffic Stops and Citations 1 Y.A.T. Referrals 4 Home Visits 2 Public Assists 26 Follow-up Investigations 5 Vehicle Checks 9 ...to 410 11 SIGNIFICANT ACTIVITY La Ouinta Middle School SRO Alexander conducted an investigation related to vandalism that occurred in a girl's restroom. At this time there is no suspect information or investigative leads regarding this case. SRO Alexander conducted an investigation regarding the theft of recyclable items. During the weekend, an unknown suspect scaled the wall into the teacher's lounge patio and removed about $15.00 worth of plastic bottles. There are no video cameras at the school and no physical evidence was located at the scene. SRO Alexander has responded to numerous fights and disturbances involving students throughout the month of April. No significant injuries have been incurred and no prosecution has been desired by the parties involved. Discipline related to these incidents has been handled by school administration. John Adams Elementary School SRO Alexander conducted an investigation regarding a missing student. His investigation concluded that the first grade student had scaled the playground fence and walked home. The student stated that he was having a bad day. SRO Alexander spoke with the student and his mother at their residence and addressed the dangers of his actions. Beniamin Franklin Elementary School SRO Alexander conducted investigations regarding two acts of vandalism (Graffiti). At this time there is no suspect information or investigative leads and it does not appear that the two cases are related. Harry Truman Elementary School No Significant Activity Traffic congestion both before school and after school continues to be a nuisance. SRO Alexander conducts traffic control in an attempt to alleviate the traffic congestion at La Quinta Middle School and Truman Elementary School. •.+r VA CITY OF LA QUINTA School Resource Officer Report April 2012 C SRO Christopher Trueblood Col. Mitchell Paige M.S. Summit H.S. Horizon Continuation School Summary ofActivin, Type of Activity Number of Incidents Reports 6 Arrests 5 Assist Other Departments 5 Pedestrian Checks 4 Vehicle Check 16 Investigative Follow -Up 4 City Park Area Checks 3 Traffic Citations / City Citations 5/6 Public Assists 4 Calls for Service 17 E 412 E SIGNIFICANT ACTIVITY SRO Trueblood witnessed an adult male stumbling through the hallways of Summit High School during school hours. Following the male to the school parking lot, SRO Trueblood saw him get into the driver's side of a vehicle in the parking lot. The vehicle had traffic collision damage to the driver's side front wheel and was not drivable. SRO Trueblood made contact with male and he was found to be in possession of prescription pain killers, open beer containers and four locking blade knives with blades in excess of 3 ". His impairment was such that he did not know he was on a school campus and became very confrontational. The male was arrested and was booked into the Indio Jail for multiple charges. SRO Trueblood responded to a report of a past kidnapping and sexual assault involving a female juvenile. The purported victim had been reported as a runaway in the city of Indio the night prior and had advised the Indio Police Department she had been kidnapped from a retail establishment in La Quinta the night before. A full investigation was completed and it was found that the juvenile had fabricated the story to keep from getting in trouble with her parents for not coming home the night prior. SRO Trueblood investigated a sexual battery at Colonel Mitchell Paige Middle School. A male juvenile had been taking photos of a female student without her consent. The female student tried to take the phone away from him to delete the photos. In a brief physical struggle, the male student touched the female student in an inappropriate manner. The male juvenile was placed under arrest for sexual battery and released to parents at the school. The juvenile will also be recommended for expulsion. SRO Trueblood arrested a Summit High School student for possession of marijuana on school grounds and possession of a locking blade knife on a school campus. The male student had previously been arrested for the same charges in October of 2011. The student, 18 years of age, was booked into the Indio Jail for the aforementioned charges and a violation of probation on the initial charges from October. of 413 E Officer Tracey Newton 11 CITY OF LA QUINTA Business District Officer Report April 2012 Summary of Activity Type of Activi Number of Incidents Business Checks / Area Checks 12 / 9 Reports 6 Arrests & District Attorney Filings 1 Arrest Warrant Support 4 Investigative Follow -Up 7 Traffic Collision Response 2 PettyTheft Investigations 4 Calls for Service 14 Ll 414 0 E C.S.O. Philip Curia CITY OF LA QUINTA Business District Community Service Officer April 2012 SUMMARY OF ACTIVITY Residential Burglary 1 Vehicle Burglary 1 PettyTheft 3 Vandalism/Malicious Mischief 6 Vehicle Code or Parking Citations 21 Traffic Collision Response 2 Lost / Found Property Reports 4 Custodial / Non -Custodial Transport 2 Miscellaneous Calls 25 415 11 SIGNIFICANT ACTIVITY Throughout the month CSO Curia continued to update his operational files to reflect accurate contact information related to new businesses opening within the La Quinta business community. CSO Curia initiated contact with one new business, Boost Mobile, which opened in the month of April. Boost Mobile is located in the Jefferson Plaza Shopping Center on HWY 111. CSO Curia conducted a crime prevention meeting for the business owners and the property management company of the Dune Palms Shopping Center. Items discussed at the meeting included: • Establishing the Business Network which is designed to have business owners develop a phone and/or email system where they can alert each other regarding potential criminal activity in their shopping area. • Discussed the ongoing problem of panhandling where their customers have been harassed by people begging and demanding money. Business owners and staff were instructed to notify the police when this occurs and not to take any action by themselves. • Participating members of the business community expressed their support for increased foot patrol and/or Segway patrol on weekends and during the holiday season. Additional monthly meetings are scheduled as the La Quinta Police Department and the business community work together to reduce crime in our business community. CSO Curia continues daily and proactive patrol throughout the business community. He actively monitors compliance of municipal codes and responds to calls for service as well as traffic related issues. CSO Curia participated in the City of La Quinta's 300' Anniversary Community Picnic, held at Fritz Burns Park. The La Quinta Police Department hosted a booth giving out information on crime prevention and personal safety. In addition, there were free coloring books, whistles and children identification kits. A patrol police unit was open to the public for viewing. 416 ._�-- - +v I. } COMMUNI IY 11 E Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report April 2012 Well known in our community, Richard Jandt has served in the volunteer program since 2003. He is a "get it done" kind of guy and fortunately he is also very mechanical and has put together furniture, changed filters and I am sure straightened out computer equipment many times. Richard assists the citizens of La Quinta who come into the CPO. We are fortunate to have his knowledge and experience. What would we do without him? Summary of Activitv Community Policin Office Number Citizens On Patrol Number Monthly Volunteer Hours 142 Patrol Hours 63.5 Hours Y.T.D. 658.5 Y.T.D. Patrol Hours 373 Hours 4/03 to Present 26,613 Hours 7106 to Present 9,117 CPO Monthly Visits 74 Nei hborhood Patrol 40 CPO Y.T.D. Visits 368 Business Checks 75 CPO Visits 4/03 to Present 19,659 Traffic Collision Response Vacation Checks 23 Miscellaneous Activities Total savings since 2003 through May, 2010 = $31%431. CA rate for value received is $23.29 - 2012 totals = $242034 Total Savings since 2003 = $554,882 SIGNIFICANT ACTIVITY We currently have 10 active office volunteers who staff and maintain the Community Policing Office in Old Town. One volunteer will leave us in May due to a move out of the area. These volunteers do a variety of data entry functions as well as assisting members of the community who utilize the Community Policing Office services.. We currently have 5 Citizen on Patrol volunteers serving our community, two were on medical leave. one left the program for medical reasons. 418 Department Report: 0 CC LA UNTA P@LICE Served by the Riverside County Sherffs DeparUnent Crime Statistics Summary March -- 2012 Prepared for -,n 419 CITY OF LA QUINTA Crime Comparison -- March CRIME March March YTD 2012 YTD 2011 2012 2011 1 AGGRAVATED ASSAULTS 10 3 21 11 2 BURGLARY 41 41 130 121 3 BURGLARY - VEHICLE 27 27 81 69 4 DOMESTIC VIOLENCE 10 13 26 45 5 HOMICIDE 0 0 0 0 6 NARCOTICS VIOLATIONS 19 23 60 67 7 ROBBERY 4 3 11 1 13 8 ROBBERY - CAR JACKING 0 0 0 0 9 SEX CRIME FELONY 4 3 11 6 10 SEX CRIME MISDEMEANOR 2 1 5 2 11 SIMPLE ASSAULTS 15 10 36 22 12 THEFT 66 64 198 161 13 VEHICLE THEFT 9 4 17 9 C CITY OF LA QUINTA Average Response Time March 2012 TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY 12.06 3 ROUTINE 9.84 1,262 ' Data from Riverside Co. Shenfrs Department Data Warehouse, Average Response Time Report. C 420 C Crime Distribution Table Mar-12 % of Total Mar-11 % of Total 1 AGGRAVATED ASSAULTS 10 4.83% 3 1.56% 2 BURGLARY 41 19.81% 41 21.35% 3 BURGLARY -VEHICLE 27 13.04% 27 14.06% 4 DOMESTIC VIOLENCE 10 4.83% 13 6.77% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 19 9.18% 23 11.98% 7 ROBBERY 4 1.93% 3 1.56% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 4 1.93% 3 1.56% 10 SEX CRIME MISDEMEANOR 2 0.97% 1 0.52% 11 SIMPLE ASSAULTS 15 7.25% 10 5.21% 12 THEFT 66 31.88% 64 33.33% 13 VEHICLE THEFT 9 4.35% 4 2.08% Total 207 95.17% 192 98.44% CITY OF LA QUINTA March 2012 Crime Distribution 66 70 10 50 41 40 30 27 19 20 10 10 9., 10 a eo m 5 o S z o o M m ~ to �a K ZKm as Nm y o n z m '. ip 421 C! 70 60 s0 40 30 20 10 0 Month to Month Crime Comparison March ,� III , 7. ❑s __ ��,Ulm■DE a w m < yn c <c 0 0 oa 0 0 m< a ma �a s m a n M��n soli a mffi�n 2011 Yearto Date Crime Comparison Marsh 250 0 YfD 2012 200 n YTD 2011 150 13921 100 50 I E A 0 - 4 . M. a m m <C s <z, z z 3 a < an c <c o `ate rm-x om a3 � x as rn xr m� ap Hm z n� z� o a ra „ 198 61 45 606 36 11 0 0 1113 0 0 116 5 2 s 9 E A 422 Month to Month Calls for Service Comparison March 2012 to Mar-12 13 Mar-1 1 5,000 , 0 0 Total Non-Crindnal Criminal 11 Year to Date Calls for Service Comparison January -- March Ei YTD 2012 a YTD 2011 10,0006,3356,918 2 8443,424 3,4913,494 0 Total Non -Criminal Criminal 11 03 CITY/SA/HA/FA MEETING DATE: May 15, 2012 ITEM TITLE: Public Hearing to Consider an Ordinance Amending Title 9, Zoning, to Allow Outdoor Sales and Display at Retail Stores Greater than 100,000 GFA 09.100.120►, and to Modify the Permitted Frequency of Sidewalk Sales and Commercial Events (§9.100.130). Applicant: City of La Quinta RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I Motion to take up Ordinance No. _ amending the La Quints Municipal Code Section 9, Zoning by title and number only and waive further reading; and Motion to introduce Ordinance No Section 9, Zoning on first reading. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW amending the La Quinta Municipal Code Over the past year, a number of retail businesses have approached the Planning Department seeking ways to improve sales and visibility. The discussions have focused on outlining clear and defined methods in the municipal code for permitting the outdoor display and,sales of merchandise. There are currently two codified methods which allow retail stores to display merchandise outdoors. Any business may hold a four -day sidewalk sale or commercial event once every four months with an approved Temporary Use Permit (§9.100.130). The other method permits retail stores to permanently display their merchandise outdoors within an enclosed garden center with an approved Conditional Use Permit " 424 (§9.100.120). Target, Home Depot, Lowes, and Wal-Mart all currently have permitted outdoor garden centers at their stores. Outdoor sales provisions for commercial businesses such as auto dealerships, lumber yards, and landscaping wholesalers/nurseries are also codified within the same section but are not being proposed for changes at this time. PROPOSAL: Staff has prepared two draft measures that would accommodate and expand the opportunity for outdoor retail sales and display. The first measure was drafted in response to large retailers such as Lowe's, Home Depot, and Costco, who have expressed an interest in obtaining a permit that would allow them to permanently display merchandise along their storefront. The second measure was drafted in response to those retailers who have sought an increase in the frequency of permitted sidewalk sales. Outdoor Display and Sales for Retail Businesses Greater than 100,000 Square Feet Under this new code provision (Exhibit A), any business greater than 100,000 square feet may apply for a Conditional Use Permit to allow the outdoor display and sales of merchandise. The application will require supporting documentation such as a site plan and a description of the merchandise to be displayed. All proposals will be reviewed by City departments for compliance with the current building, fire, health and safety codes. Following staff review, each application would then be brought forward to the Planning Commission for final consideration. The Planning Commission will have the opportunity to place conditions and/or restrictions on each proposal on a case -by -case basis. The proposed code section will limit the total outdoor display area to up to 10 percent of the store's gross floor area. The section will also include provisions identifying permitted display locations and performance standards. All displays and display locations will be required to comply with the current building, fire, health, and safety codes, as well as any additional conditions determined by the Planning Commission. In the event of non-compliance, the City retains the authority to review, modify, or revoke any Conditional Use Permit. Expanded Sidewalk Sales and Commercial Events The current code permits one sidewalk sale or commercial event to be held for up to four consecutive days, once every four months, with an approved Temporary Use Permit. Staff is proposing to modify and expand this provision to allow sidewalk sales or commercial events to be held for up to four consecutive days, once per month, up to six times per year with an approved Temporary Use Permit (Exhibit B). Sidewalk -." 425 sales and commercial events for non-profit organizations will remain unchanged. ANALYSIS! The proposed code amendments will accommodate the majority of retail businesses who seek greater outdoor sales exposure while retaining the ability to address potential issues on a case -by -case basis. Permitting the outdoor sales and display of merchandise for large retailers with a Conditional Use Permit will enable a practice which currently occurs without authorization. The modification of the sidewalk sales provisions will allow retail businesses to hold more of their sidewalk sale events during the busier winter season, when weather conditions are more amenable to such events. Environmental Review The approval of the two proposed Zoning Ordinance Amendments have been determined to be exempt from the California Environmental Quality Act (CEQA). Because the proposed changes to the Zoning Ordinance involve permit applications which will be individually reviewed under CEQA on a case -by -case basis, the ordinance amendments will have no impact on the environment. Planning Commission The Planning Commission conducted a public hearing and considered the proposed text amendments at their April 24, 2012 meeting (Attachment 1). Representatives from Lowe's Home Improvement and Home Depot stores spoke during the public comment session and discussed plans to display merchandise in front of their stores. Staff explained that these plans would be individually reviewed as a part of the Conditional Use Permit approval process under the proposed code amendment. Both store representatives were in support of the proposed measure. The Planning Commission unanimously approved Resolutions 2012-009, recommending Council approval of the proposed Zoning Code Amendments. Public Notice This proposal was advertised in The Desert Sun newspaper on April 13, 2012 and May 4, 2012. To date, no comments have been received by staff regarding the proposed code amendments. Any written comments received following the posting of this report will be handed out at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Ordinance. ass The alternatives available to the Council include: 1. Motion to take up Ordinance No. _ amending the La Quinta Municipal Code Section 9, Zoning by title and number only and waive further reading; and 2. Motion to introduce Ordinance No. amending the La Quinta Municipal Code Section 9, Zoning on first reading. 3. Do not move to take up Ordinance No 4. Provide staff with alternative direction. , Planning Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Planning Commission Minutes — April 24, 2012 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1.) A PROVISION TO ALLOW OUTDOOR SALES AND DISPLAY AT RETAIL STORES HAVING GREATER THAN 100,000 SQUARE FEET OF GROSS FLOOR AREA 09.100.120), AND 2.) MODIFY THE PERMITTED FREQUENCY OF SIDEWALK SALES AND COMMERCIAL EVENTS 09.100.130►. WHEREAS, the City recognizes the importance of accommodating and encouraging sales and commerce at local retailers during this challenging economic period; and WHEREAS, the City has, from time to time, made amendments to the Zoning Ordinance to address changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 241" of April, 2012, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to 1.) to allow outdoor sales and display at retail stores greater than 100,000 GFA 09.100.1201, and 2.) to modify the permitted frequency of sidewalk sales and commercial events (§9.100.130) and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2012-009 recommending approval of the proposed Zoning Ordinance Amendment to the City Council; and WHEREAS; the City Council held a duly noticed public hearing on the 15" day of May, 2012, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" and "B," attached hereto and incorporated herein by this reference. SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby finds that this Ordinance is consistent with the goals, objectives, and policies of La Quinta General Plan. The Zoning Ordinance Amendment is also consistent with the General Plan because it does not create any new or changed conditions to the environment, is intended to encourage and enhance economic growth, and allow for the continued high quality of development in the City. -.» 428 Ordinance No. Zoning Ordinance Amendment 2012-107 May 15, 2012 Page 2 of 3 SECTION 3. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines. SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 6. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after its adoption. SECTION 7. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances'of the City of La Quinta. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 5" day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN 499 Ordinance No. Zoning Ordinance Amendment 2012-107 May 15, 2012 Page 3 of 3 ATTEST: Susan Maysels, Interim City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta California -" 430 "Exhibit A" §9.100.120 Outdoor storage and display. A. Purpose. This section provides regulations for the permanent outdoor storage and display of merchandise, materials and equipment. B. Where Permitted. The storage and/or display of any merchandise, materials or equipment outside of an enclosed building is .prohibited except where permitted in accordance with this section, Section §9.80.040 pertaining to permitted uses, Section §9.100.130 pertaining to sidewalk sales and special events, or where permitted by a conditional use permit. C. Equipment, Lumber and Storage Yards. Any uncovered equipment and/or materials storage area, including vehicle storage, shall comply with the following regulations: 1. Use Permit. The establishment of any outdoor equipment or materials storage use shall require approval of a conditional use permit pursuant to Section 9.210.020. 2. Location. An equipment, material or storage yard use shall only be located where a main building is permitted by the applicable district regulations. 3. Screening. Outdoor storage yards shall be screened whenever they abut the boundary of the building site or are located between a building and an abutting street. The screening materials shall be not less than five feet high and shall be in compliance with Section §9.100.030 (Fences and walls). Screening may consist of one or a combination of the following types: a. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six inches thick. b. Solid Fences. Solid fences may be used for screening if approved by the decision -making authority. Such fences shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or q 431 structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. C. Plant Screens. Plant materials, when used as a screen, shall consist of compact evergreen plants. Such planting shall be of a kind or used, in such a manner so as to provide screening with a minimum thickness of two feet within eighteen months after initial installation. Permanent automatic irrigation shall be provided. If, eighteen months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the planning director may require that a wall, solid fence or berms be installed. D. Outdoor Display and Sales. Outdoor sales and display areas in conjunction with retail uses such as nursery and garden supply stores or departments within retail stores shall comply with the following standards: 1. Fencing. The outdoor sales and display area shall be enclosed by a wall or fence at least four feet high which obscures views from streets or public parking areas into the area. The color and materials used to fence the area shall be complementary to the color and materials used in buildings on -site. Chain link fencing is not permitted. 2. Building Design. When the outdoor sales area is an extension of retail uses within an adjacent building, it shall be enclosed by a wall which is, by exterior appearance, an extension of the adjacent . building. The design of the building and outdoor area shall appear as a single structure. E. Outdoor Display and Sales for Commercial Retail Uses Greater than 100,000 Square Feet Outdoor display and sales areas in conjunction with retail commercial businesses having over 100,000 square feet of gross floor area (GFA) may be permitted subject to the approval of a conditional use permit in accordance with Section 9.210.020. The conditional use permit shall establish standards for each facility in addition to the requirements of this section: 1 Area Outdoor display and sales areas shall not exceed 10% of the gross floor area of the retail commercial building. 2 Locations Outdoor display and sales areas shall be restricted to those locations identified on an approved plan -designated area and shall comply with the following standards: ?:3z a. Permitted locations for outdoor display and sales areas shall be in conformance with all current fire, health, building and safety codes. b. Outdoor display and sales areas maybe permitted within designated portions of sidewalk, patios, and similar areas within proximity to the storefront. C. No outdoor display and sales area shall obstruct an entrance or exit to any building, impede the flow of pedestrian or vehicular traffic, or obstruct access to any parking space or drive aisle. d. Permanent modifications to the building, landscaping, or site plan for purposes of outdoor display shall require approval through the City's development review process. 3. Performance Standards. Items and materials to be displayed outdoors within designated areas shall comply with the following standards: a. All items and materials to be displayed outdoors shall be in conformance with current fire, health, building and safety codes. b. No item shall be displayed in a manner that causes a safety hazard or public nuisance. C. Fixtures, and tables used to display merchandise shall be maintained in good repair. d. Signs flags banners, placards, balloons, streamers, spot liahtina. amplified music. or similar features shall be prohibited unless otherwise permitted and approved through a separate sign permit. e. Outdoor display and sales areas shall be kept clean and maintained on a continual basis. 4. Authority to Suspend Operations. Failure to comply with these provisions is subject to suspension or revocation of a permit. F. Vehicle Sales. The outdoor display and sales of vehicles shall be subject to the approval of a conditional use permit in accordance with 433 Section 9.210.020. The use permit shall establish standards for each such facility. Such standards shall include at a minimum: 1. Landscaping. Perimeter landscaping conforming to that required for the applicable zoning district per Chapter 9.90. 2. Lighting. Outdoor lighting conforming to the standards of Section 9.100.150. 3. Vehicle Display. Precise delineation of the location and limits of outdoor vehicle display and storage areas, plus prohibition of focal display areas elevated more than one foot above the average finish grade of the overall outdoor display area. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 4 4,71 "Exhibit B" §9.100.130 Sidewalk sales and commercial events. A. Purpose. This section provides regulations for: (1) the temporary outdoor sale of merchandise by retail businesses, and (2) special outdoor commercial events within shopping centers. B. Definitions. For purposes of this section, the following definitions shall apply: 1. A "sidewalk or parking lot sale" means the temporary outdoor display and sale by a retail business, of merchandise which is normally displayed indoors at the same location as the outdoor sale. 2. A special commercial event means the temporary outdoor display and sale of merchandise, not necessarily sold indoors at the same location, arts and crafts shows, entertainment, or similar events within a commercial center. C. Temporary Use Permit Required. Sidewalk sales and special events in commercial centers are permitted subject to issuance of a temporary use permit and compliance with the following provisions: 1. The application for a temporary use permit for a sidewalk sale or a special commercial event shall include a site plan indicating the location of the temporary uses and demonstrating maintenance of adequate parking, site circulation and emergency access. 2. A sidewalk sale or a special commercial event may be conducted over a maximum of four consecutive days and no more than once per month WithiA feUF ealendaF Fnenths at any location, not to exceed six times per year. Each such event shall require the approval of a temporary use permit. Special commercial events which benefit nonprofit organizations can be held more than epee six times per year if conducted on sidewalk areas and approved by the planning director FegaFdless of who is ,o 435 3. Adequate and legal pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway. 4. Adequate vehicle access shall be maintained around merchandise, displays or temporary structures placed in parking areas. 5. A cash bond or other guarantee shall be posted for removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event. 6. The application shall be reviewed by the fire marshal and the event shall comply with fire prevention standards and emergency access requirements as approved and enforced by the fire marshal. 7. Temporary signs may be permitted subject to the provisions of Section 9.160.060 (Permitted temporary signs). (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) �." 436 ATTACHMENT 1 EXCERPT OF MINUTES OF PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quigt4, CA April 24, 2012 V. PUBLIC HEARINGS: IM Quinta for consid Municipal Code: retail stores gre; permitted frequi Princi Planney` 'Yo which i§; file ari thi 7:03 p.m. amen 12 .° 3a requesf,.fhe City of La of the f amendments tti.he La Quinta version to outdoor sales and display at -;a :, 0,000 (§9.100.120), modify the �z. f s' k sa and commercial events ;sented`the staff report, a copy of Department. He also noted staff had Lowe's after the packets had been distributed to the Commissioners at if there were any questions of staff. asked if the letter from Lowe's, stating their the local store manager, or the Corporate Staff responded the representative from Lowe's that provided the letter, was in audience and could answer that Commissioner Weber asked what basis staff used for the language in the amendment; e.g., nearby cities or the American Planning Association (APA). 1) 43 Planning Commission Minutes April 24, 2012 Staff responded they started the research by looking at nearby, and regional, communities and did not base their research on any national APA standard. They took the best of all the ordinances they researched and came up with a hybrid of the best of those. Commissioner Weber said it appeared the amendment was a combination of staff's determination of best practices. Planning Director Johnson said they also took into consideration the City's existing retailers; most notably Home Depot and Lowe's. Staff looked at what other communities were doing but also wanted to find a fair and equitable balance to what was currently occurring at both of those establishments. Chairman Alderson asked staff if they • had met with the store representatives when they were drafting this Amendment. Staff responded they had met with Lowe's representatives and gave some background information on Code Compliance's efforts on dealing with the outdoor display of merchandise; and the City's latest interaction with Lowe's on this matter. Staff did provide the staff report and the information to Costco, Wal-Mart, and Home Depot representatives, but no extended amount of time was spent interacting with them. Commissioner Barrows asked staff for clarification of the letter from Lowe's regarding the reference to outdoor storage yards being screened. Her comment was she assumed that a display of merchandise was not considered an outdoor storage yard. Staff responded the current code does reference the necessity of screening; unless it is for a sidewalk sale. Staff was not sure what the letter was referring to because this code amendment did not reference anywhere that the outdoor display and sales had to be screened. Commissioner Barrows said she would wait for the public hearing portion of the meeting to hear the explanation from the Lowe's representatives. Commissioner Wilkinson asked for more clarification on the setback requirements; i.e., distance from the building and the street. 438 -2- Planning Commission Minutes April 24, 2012 Staff responded the Code Amendment identified outdoor sales and display areas were permitted within designated portions of sidewalk, patios and similar areas within proximity to the store front. The exact location would be reviewed by the Commission on a case -by -case basis. It was broadly written because not every store had the same layout. Commissioner Wilkinson commented on a previous approval allowing golf carts in close proximity to the street and wondered if this would cause an inconsistency with other retailers' outdoor display of products. Planning Director Johnson responded they did not feel it was imperative for staff to define that distance. It needed to be reviewed through the conditional use permit process on a case -by -case basis. If the conditional use permit was granted there would be a map or an exhibit identifying those display areas and the recipient of that permit would be required to stay within the perimeters of those specific areas. Commissioner Wilkinson asked if the approval would be up to six times a year, or just one time when their area is defined and then the applicant would get over-the-counter approval from staff. Planning Director Johnson said there were two elements to this Amendment. The first part would be a permanent allowance where the applicant would get a conditional use permit and be able to utilize those display areas; and secondly, the potential for seasonal sales to 'occur as well. This Amendment addressed two items: permanent outdoor display areas and the allowance for greater flexibility for other displays that are currently being allowed through the temporary use permit process; which would actually be more accommodating to businesses. Commissioner Wright said this appeared to be pretty much big box driven and asked if staff had received requests from small or medium- sized businesses such as those in the Village. Principal Planner Mogensen said staff had received inquiries from smaller businesses in the Village and that was why the sidewalk sale item had been expanded. He then explained those were two different .,.0 439 -3- Planning Commission Minutes April 24, 2012 types of retailers; which was why there were two different sections of the ordinance -- the sidewalk sale -type of event and the permanent display. Planning Director Johnson added the Council had recently taken action on interim measures for a -board signs and outdoor display. He advised the Commissioner that issue might be coming for review within the next few months and may result in additional outdoor display provisions for the smaller retailers in the community. The focus, right now, was on the larger, big box retailers as well as allowing greater frequency for the seasonal sales. Commissioner Barrows said the issue of walls seemed to stand out when she was reviewing this, but on item D it stated an outdoor sale and display area needed to be fenced; which could include fence or wall. However, on page 7 item E there was a reference to outdoor display and sales for large commercial retail which was under the conditional use permit. Staff responded Section D referred to nursery/garden supply stores specifically. Commissioner Barrows commented that what would apply, as far as Lowe's was concerned, was item E; which was a conditional use permit which would be reviewed on a case -by -case recommendation from staff to the Planning Commission. Chairman Alderson commented on Page 6, under item 3.B.; walls and wall construction. He stated there was a reference to metal siding and said it or any other dangerous materials would obviously not be allowed and would probably be reviewed in the conditional use process. However, if not he recommended language be added that excluded any metal siding, or any materials potentially injurious to the general public. He also recommended on page 11, item 3, the phrase be corrected to read "adequate and legal pedestrian access be maintained". There being no further questions of staff, and the City being the applicant, Chairman Alderson asked if there was any public comment and invited the author of the Lowe's letter to address the Commission. .." 440 Planning Commission Minutes April 24, 2012 Mr. Jim Manion, (Corporate Real Estate and Construction Department) Director of Design & Engineering, Lowe's HIW, Inc., 1530 Faraday Ave #140, Carlsbad CA 92008, and Jesus Uccles, Store Manager, Lowe's HIW, Inc. 78-865 Highway 111, La Quinta CA introduced themselves and said they were available to answer any questions. Chairman Alderson asked the Lowe's representatives to state the concerns they had that prompted their letter. Mr. Manion said when they received the staff report; they may have misread it and needed some clarification. They understood that the display of merchandise in front of the store had to be in a designated area, but would additionally have to be screened by some kind of wall. Since they might have misinterpreted that they requested their letter be withdrawn because if that was not the intent they were okay with everything else. Staff stated exhibit E was a separate section that only applied to outdoor retail sales and display for stores of 100,000 square feet or greater and did not have a screening requirement. Mr. Manion responded they would withdraw their letter, but he did have another question about the contractor trailers being sold in the parking lot. They asked for clarification on how the City would treat the contractor trailers and shed displays, with the proposed ordinance. Planning Director Johnson said those were really two different items. He commented on a conversation staff had with Lowe's when they ` made application, due to a code enforcement matter prompting this change, because the current provisions were quite restrictive. One facet of the conversation focused on storage sheds out in the parking lots, within parking stalls that were defined and established for the purpose of parking customers. Staff's initial concern was if it's designated for parking it needs to be used for parking and not for display of merchandise and that position has not changed. If it's going to be identified for merchandise display then it needs to be designated as such and not be confused with parking stalls with merchandise on them. The exception being if it is utilized for seasonal displays such as Christmas tree lots. Staff continued that would be something that would be reviewed through the conditional use permit process. The one unique anomaly 441 -5- Planning Commission Minutes April 24, 2012 staff is still grappling with is Lowe's sales of utility trailers utilizing parking stalls. Staff's position is neutral and they have acknowledged Lowe's concern, but no permanent solution has been reached as yet. Staff is concerned with the utilization of multiple parking spaces for the storage and permanent display of merchandise. But, the code provision before you shows that we are supportive of reviewing the seasonal use of the parking lot in certain areas, through the use of a temporary use permit Mr. Manion commented that could be discussed at a later date, since it is not being addressed in this Amendment. He suggested future discussion could possibly include the suggestion that if Lowe's could show, through a parking study, that designed areas could be removed from the overall parking and still leave adequate parking for customers; then it would be possible for them to apply for, through the conditional use permit process, an allowance for the sheds and the contractor trailers to remain in the parking lot. Staff said yes that could be considered, noting that Lowe's, Home Depot, and Costco currently had more parking than the minimum requirements. The City is certainly willing to work with those businesses. However, if it became permanent storage, whether trailers or sheds, it really needs to be taken out of the equation as being parking spaces. They should be designated for merchandise display and addressed accordingly through the conditional use permit process. Mr. Manion said, with those clarifications, he was satisfied with the code as it was proposed. Mr. Manion then commented that this Amendment had also addressed his concern regarding the garden center screening. Principal Planner Mogensen explained that, under the proposed code, they would be allowed to have garden center materials out in the display area, in addition to their current garden center, and that would be covered by a different section of this same chapter which is not being edited at this meeting. Commissioner Weber asked the Lowe's representatives if they had any statistics, or anecdotal evidence of how parking lot displays, of these selected products, affect their sales. ' N 442 Planning Commission Minutes April 24, 2012 Mr. Uccles described their experience with customers not wanting to purchase these items from catalogs. He said customers want to see the sheds and visualize how they will fit in with their homes and landscaping. The same things would apply for the trailers. People want to see and touch the product and walk around it. Sometimes there are different sizes or materials, they're made of, and the customers want to see them displayed. He also added the amount of trailers varies since they are replenished as the customers purchase them. Permanent placement of the trailers would be designated in an area where they would not interfere with traffic. Mr. Manion added that if they could not display the sheds their sales of sheds would be cut 75% or more. Unless the customer can see the particular product they are not going to purchase it. General discussion followed on where Lowe's currently has their sheds displayed. The public hearing portion of the meeting was still open and Chairman - Alderson asked if there was anyone else who would like to speak on the matter. Mr. Kyle Goodsell, Assistant Store Manager, Home Depot, 79-900 Highway 1 1 1, La Quinta CA, said they had previously submitted sales figures on their sheds and outdoor merchandise display (in reference to Commissioner Weber's earlier question). Commissioner Barrows asked if he had any concerns with what was being proposed. Mr. Goodsell said they were attending because they needed to hear the interpretation regarding the screening of garden products, but that was clarified. Commissioner Weber asked Mr. Goodsell about their utilization of a large part of the parking area which impacted egress into the shopping center and cut down that area from two lanes to one to get over to the traffic signal for exiting onto Jefferson Street. Mr. Goodsell said that area is in their map for temporary seasonal use. He added that they applied for, and have been granted, temporary permits for this use. n -7- M Planning Commission Minutes April 24, 2012 General discussion followed on the definition of temporary use, the time frame, seasonal items, when the area in question would be cleared. Mr. Goodsell added they also had the same questions about sheds as the Lowe's representatives. They have sheds displayed in their parking lot right in front of their garden center and were attending the meeting to find out whether those sheds would be allowed in the future. General discussion followed on outdoor display items and rotation of product. There being no further public comment, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. Commissioner Weber commented on the direction the City was going, how the stores appeared to be doing well, egress to the facilities, health, safety, ADA issues, abundance of parking spaces available at these locations, and how the City and the retailers were moving forward. Commissioner Barrows commented that if a nursery/garden supply store were to locate in La Quinta they would not be afforded the same opportunity as the big box retailers with regard to outdoor displays of plant materials; due to the requirement to have a wall or fence around those materials. She was concerned that this did not seem quite consistent. Staff then explained why they did not change Item D; and gave a further explanation of how the big boxes and nursery/garden supply stores were affected by this Amendment. Staff added they could revisit Item D if it was the Commissioner's wish. It could be brought back at a later date, but the staff focus for this meeting was to address the current situation in the community and not a future nursery/garden supply situation. Commissioner Barrows said she did want to see that fixed, at the appropriate time, in the future. She had an additional question about the parking lots as noted in item 2.13. where it said "you can't impede the flow of pedestrian or vehicular traffic or obstruct access to any -8- 444 Planning Commission Minutes April 24, 2012 parking space." She was concerned that the inclusion of the outdoor display could cause them to be out of compliance right from the start. Staff responded they would have to propose improvements to make sure that it was a safe connection and would not "...impede the flow of pedestrian or vehicular traffic,... etc." If they wanted to create a permanent display area, they would have to make sure that there was a means of access that was an accepted means. General discussion followed regarding a safe and compliant environment for placement of outdoor merchandise; e.g., trailers/sheds, the process of review of use permits by several departments, and designated routes to/from the displays. Commissioner Wright complimented the City on its willingness to work with retailers, in this tough economic environment, as it continued to strive for an aesthetically -pleasing environment while keeping public safety a priority. Chairman Alderson concurred with Commissioner Wright's comments and added that he applauded the level of cooperation from both the retail community and the City. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to adopt Resolution 2012-009 recommending approval of Zoning Ordinance Amendment 2012-107 as submitted; with the following amendment: Exhibit B, Section C.3 shall be amended to read: Adequate and legal pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway. Unanimously approved. -9- 1 445 CITY A/fIA/FA MEETING DATE: May 15, 2012 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions Approving a Second Extension of Time for Conditional Use Permit 2007-105 and Site Development Permit 2006-875 for an Approximately 234,450 Square Foot Retail and Medical Office Development on Approximately 25 Acres Located at the Northeast Corner of Washington Street and Fred Waring Drive. Applicant: Mayer Villa Capri, L.P. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving a second time extension to Conditional Use Permit 2007-105, subject to Findings and Conditions of Approval; Adopt a Resolution of the City Council approving a second time extension to Site Development Permit 2006-875, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Zoning: Community Commercial (CC) General Plan Designation: Community Commercial (CC) Surrounding Zoning and Land Uses: North: Community Commercial (CC) - Carwash (Under Construction); Major Community Facilities (MC) - Public Middle School South: Fred Waring Drive; Medium Density Residential (RM) & Golf Course (GC) - Residential Development East: Palm Royale Drive; Low Density Residential (RQ - Residential Development West: Washington Street; Commercial and Residential Development in the City of Palm Desert Environmental Consideration The City of La Quinta Planning Department has determined that the environmental effects of the project which is the subject of this time extension request have been previously assessed in conjunction with Environmental Assessment 2008-582 prepared for this project. In connection therewith, an Environmental Impact Report was certified on March 17, 2009. None of the circumstances that would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166 have occurred. General On March 13, 2012, the applicant applied for the second one-year extension of time for a commercial and medical office development located on the northeast corner of Washington Street and Fred Waring Drive (Attachment 1). The project was originally approved by City Council on March 17, 2009 (Attachment 2). The first time extension was approved by the City Council on May 3, 2011. This second extension, if approved, will extend the approval of both the Conditional Use Permit (CUP) and Site Development Permit (SDP) to March 17, 2013. Project Description The approved project is a commercial and medical office complex (Attachment 3). Mayer Villa Capri, L.P. currently owns the entire site; however, the medical complex is proposed to be developed and owned by a different party. The approximately 104,000-square foot commercial complex will be constructed on the existing westerly 12.3-acre parcel, while an approximately 130,450-square foot medical office complex is proposed on the eastern 12.7-acre parcel. While the projects are separate, there will be vehicular and pedestrian connection provided between the two. ..11 447 Tentative Parcel Map Extension A Tentative Parcel Map (TPM 35088) was also approved by City Council along with the CUP and SDP on March 17, 2009. The map proposed to divide the existing two lots into 10 parcels (Attachment 4). Five parcels would be created for the commercial complex with five parcels for the medical complex. The map's original expiration date was the same as the CUP and SDP, March 17, 2011. However, Assembly Bill 333 (AB 333) automatically extended the expiration date an additional two years. Therefore, TPM 35088 does not expire until March 17, 2013, which is why the map is not included in the extension request along with the CUP and SDP. Revisions to Conditions of Approval As with the prior extension request, there are no changes proposed to the project from its original approval by the City Council. The staff -recommended revisions to the conditions of approval are minimal and limited to updates based on changes in codes, procedures, and other requirements. All referenced conditions relate to their renumbered format, as reflected in the recommended conditions. Riverside County Fire Department conditions are not included as they were not included in the original approval and will be addressed when complete building plans are reviewed. The applicant is in agreement with the updated Conditions of Approval. Public Notice This request was advertised in The Desert Sun newspaper on May 4, 2012, and mailed to all property owners within 500 feet around the project boundaries. As�of this writing, no new correspondence has been received. Any comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES: The Findings needed to approve time extensions to the Conditional Use Permit and Site Development Permit can be made as noted in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving extension #2 for Conditional Use Permit 2007-105 to March 17, 2013, subject to Findings and Conditions of Approval; and 48 Adopt a Resolution of the City Council approving extension #2 for Site Development Permit 2006-875 to March 17, 2013, subject to Findings and Conditions of Approval; or 2. Do not adopt Resolutions of the City Council approving the time extensions; or 3. Provide staff with alternative direction. Planning Director Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Original City Council staff report and excerpt of minutes for the City Council meeting of March 17, 2009 3. Previously -approved plan exhibits (Council Only) 4. Approved Tentative Parcel Map 35088 ..1 449 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SECOND ONE- YEAR TIME EXTENSION FOR DEVELOPMENT PLANS FOR A CONVALESCENT/REHABILITATION FACILITY AS PART OF A MEDICAL OFFICE COMPLEX AND 10,000+ SQUARE FOOT RETAIL STORES LOCATED ON THE NORTHEAST CORNER OF WASHINGTON AND FRED WARING DRIVE CASE NO.: CONDITIONAL USE PERMIT 2007-105 EXT. 2 APPLICANT: MAYER VILLA CAPRI, L.P. WHEREAS, the City Council of the City of La Quinta, California did, on the 15`" day of May, 2012, hold a duly noticed Public Hearing to consider a request by Mayer Villa Capri, L.P. for approval of a second one-year extension of time for a Convalescent/Rehabilitation facilityas part of an 130,450t square foot medical office complex and 10,000+ square foot retail stores as part of a 104,000± square foot commercial complex, located on the northeast corner of Washington Street and Fred Waring Drive, more particularly described as: APN: 609-070-053 & 609-070-054 WHEREAS, the City Council of the City of La Quinta, California, did on the 17' day of March, 2009, hold a duly noticed Public Hearing and approved by adoption Resolution 2009-027, a request by Mayer Villa Capri, L.P. for approval of a Conditional Use Permit; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 3' day of May, 2011, hold a duly noticed Public Hearing and approved by adoption Resolution 2011-032, a request by Mayer Villa Capri, L.P. for approval of a time extension for Conditional Use Permit; and, WHEREAS, the applicant, on the 13"' day of March, 2012, applied for a second one-year time extension; and WHEREAS, the City of La Quinta Planning Department has determined that the request has been assessed in conjunction with Environmental Assessment 2008-582 prepared for this project for which an Environmental Impact Report was certified on March 17, 2009. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 450 Resolution 2012- Conditional Use Permit 2007.105 Extension 2 Mayer Villa Capri, L.P. Adopted: Page 2 of 4 15162 of the Guidelines for Implementation of the California Environmental Quality Act; and WHEREAS, the Planning Department published a public hearing notice for this request in The Desert Sun newspaper on May 4, 2012, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Conditional Use Permit time extension: 1. Conditional Use Permit 2007-105 Extension 2 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial (CC) which is intended to be developed with commercial uses similar to the Convalescent/Rehabilitation and retail uses proposed herein. These commercial/medical uses will therefore help achieve the goals and uses of the CC designation. I 2. Conditional Use Permit 2007-105 Extension 2 is consistent with the La Quinta Zoning Code in that it is conditionally permitted under the CC zoning designation. The project's proposed uses are consistent with the uses identified in the CC district and have been designed and is conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Conditional Use Permit 2007-105 Extension 2 is in compliance with the requirements of the California Environmental Quality Act. The City of La Quinta Planning Department has determined that the time extension request has been previously assessed in conjunction with Environmental Assessment 2008-582 prepared for this project for which an Environmental Impact Report was certified on March 17, 2009. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Approval of Conditional Use Permit 2007-105 Extension 2 will not create conditions materially detrimental to the public health, safety and general " 451 Resolution 2012- Conditional Use Perrnk 2007-105 Extension 2 Mayer Villa Capri, L.P. Adopted: Page 3 of 4 welfare or be injurious to or be incompatible with other properties or land uses in the vicinity in that the commercial use is self-contained in a building that has been designed to be compatible with the adjacent medical office buildings and commercial complex surrounding the property. Furthermore, it is a significant distance from nearby residential and school uses and will not create conditions, such as noise, odors, traffic, etc. that will be detrimental to adjacent properties. The use of 10,000+ square foot retail buildings will not be detrimental to the surrounding existing and proposed land uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the Findings of the City Council in this case; 2. The Environmental Impact Report for the project was certified on March 17, 2009. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation of the California Environmental Quality Act; and 3. That it does hereby approve a second one-year time extension to March 17, 2013 for Conditional Use Permit 2007-105, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 15" day of May, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 452 Resolution 2012- Conditional Use Permit 2007-105 Extension 2 Mayer Villa Capri, L.P. Adopted: Page 4 of 4 ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Don Adolph, Mayor City of La Quinta, California it 453 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2007-105 EXTENSION 2 MAYER VILLA CAPRI, L.P. GENERAL 1. The use of the subject property for a convalescent/rehabilitation facility as part of a medical complex shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 20073-105 Extension 2, Site Development Permit 2006-875 Extension 2, Tentative Parcel Map 35088 and Environmental Assessment 2006-582, unless otherwise amended by the following conditions. 2. The Conditional Use Permit shall expire on March 17, 20123 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 454 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SECOND ONE- YEAR TIME EXTENSION FOR DEVELOPMENT PLANS FOR A COMMERCIAL COMPLEX AND A MEDICAL OFFICE COMPLEX LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE CASE NO.: SITE DEVELOPMENT PERMIT 2006-875 EXT. 2 APPLICANT: MAYER VILLA CAPRI, L.P. WHEREAS, the City Council of the City of La Quinta, California did, on the 15" day of May, 2012, hold a duly noticed Public Hearing to consider a request by Mayer Villa Capri, L.P. for approval of a second one-year extension of time for a 104,000± square foot retail complex and 130,450± square foot medical office complex on 25+ acres located on the northeast corner of Washington Street and Fred Waring Drive, more particularly described as: APN: 609-070-053 & 609-070-054 WHEREAS, the City Council of the City of La Quinta, California, did on the 17" day of March, 2009, hold a duly noticed Public Hearing and approved by adoption Resolution 2009-026, a request by Mayer Villa Capri, L.P. for approval of a Site Development Permit; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 3'' day of May, 2011, hold a duly noticed Public Hearing and approved by adoption Resolution 2011-033, a request by Mayer Villa Capri, L.P. for approval of a time extension for a Site Development Permit; and, WHEREAS, the applicant, on the 13" day of March, 2012, applied for a second one-year time extension; and WHEREAS, the City of La Quinta Planning Department has determined that the request has been assessed in conjunction with Environmental Assessment 2008-582 prepared for this project for which an Environmental Impact Report was certified on March 17, 2009. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation of the California Environmental Quality Act.; and ".4 455 Resolution 2012- Site Development Permit 2006-875 Extension 2 Mayer Villa Capri, L.P. Adopted: Page 2 of 4 WHEREAS, the Planning Department published a public hearing notice for this request in The Desert Sun newspaper on May 4, 2012, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Site Development Permit time extension: 1. Site Development Permit 2006-875 Extension 2 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial (CC) which permits and anticipates the retail and office uses as proposed. The commercial uses will therefore help achieve the goal and permitted uses of the CC designation. 2. Site Development Permit 2006-875 Extension 2 is consistent with the La Quinta Zoning Code in that it proposes commercial uses permitted under the Community Commercial (CC) zoning designation. The projects proposed uses are consistent with the uses identified in the CC district and have been designed or are conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Site Development Permit 2006-875 Extension 2 is in compliance with the requirements of the California Environmental Quality Act. The City of La Quinta Planning Department has determined that the time extension request has been previously assessed in conjunction with Environmental Assessment 2008-582 prepared *for this project for which an Environmental Impact Report was certified on March 17, 2009. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. The architectural design of Site Development Permit 2006-875 Extension 2, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. The proposed Desert Contemporary architectural style, which incorporates flat roofs, stone veneer, metal 10 456 Resolution 2012- Site Development Permit 2006-875 Extension 2 Mayer Villa Capri, L.P. Adopted: Page 3 of 4 canopies, and earth tone colors, is internally consistent in architectural design and materials used throughout the project site. 5. The site design of Site Development Permit 2006-875 Extension 2, including, but not limited to project entries, interior circulation, pedestrian amenities, and other site design elements will be compatible with surrounding development and with the quality of design prevalent in the City. Although the multiple access points along Washington Street and Fred Waring Drive may present some circulation issues, a number of traffic -related mitigation measures to reduce circulation impacts were included as part of the environmental review of the project. 6. Site Development Permit 2006-875 Extension 2 landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials is designed and conditioned so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses. The project will serve to establish an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and Coachella Valley Water District water efficiency requirements, ensuring efficient water use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the Findings of the City Council in this case; 2. The Environmental Impact Report for the project was certified on March 17, 2009. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation of the California Environmental Quality Act; and 3. That it does hereby approve a second one-year time extension to March 17, 2013 for Site Development Permit 2006-875, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. *_11 457 Resolution 2012- Site Development Permit 2006-875 Extension 2 Mayer Villa Capri, L.P. Adopted: Page 4 of 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 15th day of May, 2012, by the following vote, to wit: AYES: NOES: ABSTAIN: Don Adolph, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney 458 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The Site Development Permit shall expire on March 17, 2013 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 3. Site Development Permit 2006-875 Extension 2 shall comply with all applicable conditions for the following related approvals: Tentative Parcel Map 31876 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall adjudicate the conflict by determining the precedence. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District 459 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI,L.P. Page 2 of 30 • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) e California Regional Water Quality Control Board (CRWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley • State Water Resources Control Board The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality .Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State Water Resources Control Board's Order No. 2010-0014-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. 464. RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 3 of 30 B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)); 1) Temporary Soil Stabilization (erosion control). 21 Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. D. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council E. The inclusion in the Master HOA Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required. 5. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper 461 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2008.878 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 4 of 30 functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 8. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 9. The applicant shall offer for dedication on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street (Major Arterial, 120' ROW) — The standard 60 feet from the centerline of Washington Street for a total 120-foot ultimate developed right of way except an additional variable right of way dedication on Washington Street: a) at the intersection of Fred Waring Drive to provide for three southbound through lanes (existing), a dual southbound left turn lanes to eastbound Fred Waring Drive (existing), a three foot wide raised median, three northbound lanes consisting of a 13-foot wide inside lane, a 12-foot wide middle lane, a 13-foot wide curb lane and a 9-foot wide parkway as approved by the City Engineer, and +r 462 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED - SITE DEVELOPMENT PERMIT 2006875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 5 of 30 b) a 12-foot deceleration/right turn only lane at the Southerly Entry to extend, south toward the intersection of Fred Waring Drive to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS and as approved by the City Engineer. Pursuant to the aforementioned conditions, the applicant or his design professional shall properly align said improvements with existing laneage to the south of the Washington Street and Fred Waring Drive intersection as required by the City Engineer. 2) Fred Waring Drive (Major Arterial, 120' ROW) - The standard 60 feet from the centerline of Fred Waring Drive for a total 120-foot ultimate developed right of way except an additional variable right of way dedication on Fred Waring Drive: a) at the intersection of Washington Street to provide for a 12- foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, a dual westbound left turn lanes to southbound Washington Street, and a raised median as approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for this Site Development Permit and as approved by the City Engineer. b) for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive to provide measured 87 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet (or length as approved by the City Engineer) to accommodate improvements conditioned under AND TRAFFIC IMPROVEMENTS. c) for a deceleration/right turn only lane at the easterly most driveway on Fred Waring Drive as approved by the City Engineer. 3) Palm Royale Drive (Pursuant to Parcel Map No. 27131 - Collector Street, 72' ROW) - Street right of way has been dedicated with .4 463 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 6 of 30 recorded Parcel Map 27131. No additional right of way is required to comply with General Plan street widths, except an additional variable right of way dedication 1) at the northerly limits of the Parcel Map of 44 feet from the centerline to align with Palm Royale Drive right-of-way at the Desert Sands Unified School District boundary and to transition as required to 36 feet from the centerline at the Rome Drive intersection and 2) on Palm Royale Drive at the Fred Waring Drive intersection measured 42 feet west of the centerline to accommodate one left turn lane, one through lane and one right turn lane and as conditioned under STREET AND TRAFFIC IMPROVEMENTS. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 12. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Site Development Permit prior to approval of grading, dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 13. The applicant shall offer for dedication a ten -foot wide public utility easement contiguous with, and along both sides of all public streets. Additional on -site utility easements shall be dedicated for this Site Development Permit approval as required by the utility purveyors. 14. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Washington Street and Fred Waring Drive (Major Arterial) - 20-foot from the R/W-P/L 464 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 7 of 30 B. Palm Royale Drive (Collector Street) - 10-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the associated Final Map. 16. Direct vehicular access to Washington Street, Fred Waring Drive and Palm Royale Drive from lots with frontage along Washington Street, Fred Waring Drive and Palm Royale Drive is restricted, except for those access points identified on the Site Plan, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map. 17. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 18. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 19. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 120' R/W): Widen the east side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. 465 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 8 of 30 The east curb face shall be located fifty one feet (91') east of the centerline, except at locations where additional street width is needed to accommodate: a) at the intersection of Fred Waring Drive to provide for three southbound through lanes (existing), a dual southbound left turn lanes to eastbound Fred Waring Drive (existing), a raised median, three northbound lanes consisting of a 13- foot wide inside lane, an 12-foot wide middle lane, a 13- foot wide curb lane and a 9-foot wide parkway as approved by the City Engineer, and b) a 12-foot deceleration/right turn only lane at the Southerly Entry to extend south toward the intersection of Fred Waring Drive and as approved by the City Engineer. Pursuant to the aforementioned conditions, the applicant shall submit plans and construct improvements south of Fred Waring Drive to align with and safely transition to the improvements in a► and b) above as required by the City Engineer. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs, d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Said sidewalk shall be separated from curb a minimum distance of 1 foot. ,, 486 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 9 of 30 e) Reconstruct the existing 14 - foot wide raised landscaped median at the Primary Access Drive Aisle on Washington Street to provide for left turn movement into the Primary Access Driveway while restricting left turn movement out of the Primary Access Driveway and left turn movement out of Calle Las Brisas on the westerly side of Washington Street as approved by the City Engineer. f) Design and construct traffic signal interconnect improvements along the project frontage to include conduit, pull boxes and other appurtenances for the interconnection of the traffic signals. g) Establish a benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. h) Relocate the SunLine Transit Agency Bus Stop and Shelter as required to incorporate the SunLine Transit Agency requirements within the proposed deceleration lane. The applicant shall extend improvements beyond the property boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 2) Fred Waring Drive (Major Arterial; 120' R/W): Widen the north side of Fred Waring Drive along all frontages adjacent to the Site Development Permit boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. The north curb face shall be located fifty one feet (51') north of the centerline, except at locations where additional street width is needed to accommodate: a) at the intersection of Washington Street to provide for a 12- foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, a dual westbound left turn lanes to southbound Washington Street, and a raised median as approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved 467 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 10 of 30 Site Plan for this Site Development Permit and as approved by the City Engineer. b) for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive to provide measured 87 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet or length as approved by the City Engineer. c) For a deceleration/right turn only lane at the easterly most driveway on Fred Waring Drive to the satisfaction of the City Engineer. Other required improvements in the Fred Waring Drive right-of-way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs, e) An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Said sidewalk shall be separated from curb a minimum distance of 1 foot. f) A 14 - foot wide raised landscaped median along the entire boundary of the Site Development Permit plus variable width as needed to accommodate 1) a raised median for the dual left turn pockets for the eastbound traffic of Fred Waring Drive to southbound Washington Street and left turn in movements at Palm Royale Drive. g) Reconstruct the raised median at the shared drive aisle at Parcels 5 and 10 for a left turn deceleration lane with a left `" 468 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 11 of 30 turn out restrictor for a length and taper up to the dual left turn lanes at the Fred Waring Drive and Washington Street intersection as approved by the City Engineer. h) Modification of the existing traffic signal at the Washington Street and Fred Waring Drive intersection as required by the abovementioned improvements and as approved by the City Engineer and the City of Palm Desert. Applicant shall submit plans and fees required for the City of Palm Desert concurrent approval. i) Class II Bike Lane as approved by the City Engineer. 3) Palm Royale Drive (Pursuant to Parcel Map No. 27131 - Collector Street, 72' ROW): Widen the west side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. The west curb face shall be located twenty four feet (24') west of the centerline, except at locations where additional street width is needed to accommodate: a► Transitional street width required from 32 feet at the northerly boundary adjacent to the Colonel Mitchell Page Middle School to 24 feet at Rome Drive as approved by the City Engineer. b) A deceleration/right turn only lane on Palm Royale at the Fred Waring Drive intersection. The west curb face shall be located thirty two (32') west of the centerline and length to be as approved by the City Engineer to extend from the Access Drive across Rome Drive to Fred Waring Drive. to accommodate one left turn lane, one through lane and one right turn lane, Other required improvements in the Palm Royale Drive right-of-way and/or adjacent landscape setback area include: C) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs, RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2OO6-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 12 of 30 d) 6-foot wide sidewalk with a planter next to the curb. e) Class II Bike Lane to connect with the existing Bike Lane to the north and as required by the City Engineer. f) The applicant is responsible for 25 % share of the cost to design and install the traffic signal at the intersection of Palm Royale Drive and Fred Waring Drive to be installed by the City of La Quinta with the CIP 2007-06 Project. Additionally, the applicant is responsible to design and construct all traffic signal interconnect equipment including pull boxes, conduit and other appurtenances along the project frontage for the interconnection of this traffic signal with the existing traffic signal at the Washington Street and Fred Waring Drive intersection. g) The applicant shall install interconnect/loop conduits as required. The applicant shall extend improvements beyond the parcel map boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 20. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Collector 4.0" a.c /5.0" c.a.b. Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 21. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation 470 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 13 of 30 test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 22. General access points and turning movements of traffic are limited to the following: A. Washington Street 1) Primary Access Drive (between Parcel 1 and 2): Right turn movements in and out and left turn movements in are permitted. Left turn movement out is prohibited. 2) Secondary Access Drive (northerly end of Site Development Permit): Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Fred Waring Drive 1) Service Access Drive: Right turn movements in and out and left turn movements in are permitted. Left turn movements out are prohibited. 2) Westerly most driveway: Right turn movements in and out turn movements are permitted. Left turn movements in and out are prohibited. 3) Secondary most easterly Access Drive: Right turn movements in ,and out are permitted. Left turn movements in and out are prohibited. C. Palm Royale Drive 1) Access Drive across Rome Drive: Full turn movements are permitted. 24. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 25. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by 471 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 14 of 30 the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 26. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). In particular, the following are conditioned with this approval. A. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicap tped parking stalls. E. Drive aisles between parking stalls shall be a minimum of 26 feet with egress drive aisles a minimum of 30 feet or as approved by the City Engineer. F. Drive-thru aisles shall be a minimum of 12 feet along straight away portions and increased to a minimum 14 feet at bends (to accommodate turning movements). The minimum dimensions shall be paved roadway surface. Additionally for the drive-thru proposed at Building 10, a seven - car minimum stacking capacity is required from the order window to the drive-thru entrance off of the east -west drive aisle or as approved by the City Engineer. Additionally, the applicant shall construct signage and pavement markings to prevent vehicles blocking this east -west drive aisle as approved by the City Engineer. G. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other 11 472 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 15 of 30 features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. Site Plan dated January 14, 2009 requires additional revisions based on Public Works Department plan review of said Site Plan. 27. General access points and turning movements of traffic to off -site public streets are limited to the access locations approved for Parcel Map No. 35088 and these conditions of approval. 28. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 29. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not Schad ule. construction operations until mix designs are approved. 30. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 31. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 32. The applicant is required to eliminate parking stalls along the main entry drive aisle along the Primary Entry off of Washington Street up to Building 5 as ,..1# - 473 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL . RECOMMENDED SITE DEVELOPMENT PERMIT 2006875 EXTENSION 2 MAYER VILLA CAPRI, L.P. . Page 16 of 30 shown on the Site Plan dated January 14, 2009 and as approved by the City Engineer. 33. The applicant is required to redesign the parking lot layout between Buildings 4 and 5 as required by the City Engineer. 34. The applicant is required to address the westerly edge of the westerly parking stalls adjacent to Office Building 11 as approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 35. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 36. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical ..of 474. RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006.875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 17 of 30 F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal G. Washington Street/Fred Waring Drive Traffic Signal Modification Plan 1 " = 20' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. H. Traffic Signal Interconnect Plan 1" = 40' Horizontal I. Precise Grading Plan 1 " = 30' Horizontal NOTE: E through I to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2010 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when.it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official and the City Engineer. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. • #1 475 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Pape 18 of 30 37. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 38. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 39. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 40. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City.. 41. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Site Development Permit, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 42. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. - 476 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 19 of 30 When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the occupancy of permanent J buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 43. Depending on the timing of the development of this Site Development Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements required for development of this project, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the first building occupancy. In the event that any of the improvements which this project is conditioned to provide required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit 477 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 20 of 30 related thereto, reimburse the City for the project's proportionate share of the costs of such improvements to the satisfaction of the City Engineer. 44. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 45. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 46. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 47. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, 418 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2O0G875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 21 of 30 C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. E. WQMP prepared by an engineer registered in the State of California. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 48. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 49. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the back slope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet W) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 50. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the Site Development Permit, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 479 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 22 of 30 51. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 52. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Site Plan for this Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance review. 53. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 54. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site plus offsite water to the street centerline tributary area during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. Retention volume requirements are documented in the MSA October 15, 2006 Hydrology Report to equal 8.18 acre-feet. 55. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and h 480 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2008875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 23 of 30 Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 56. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 57. The project shall be designed to accommodate purging and blow off water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 58. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 59. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 60. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 61. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 62. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 63. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 481 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 200E-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 24 of 30 64. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. a. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. b. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. c. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTII ITIFS 65. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 66. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 67. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply 482 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 25 of 30 with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 68. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. Temporary occupancy permits, for the purpose of allowing fixture interior improvements will be allowed. LANDSCAPE AND IRRIGATION 69. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 70. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots areas. 71. Landscape and irrigation plans for landscaped lots and setbacks, medians and retention basins shall be signed and stamped by a licensed landscape architect. 72. The applicant shall submit the final landscape plans for preliminary approval by the Planning Department and green sheet sign off by the Public Works Department. After plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final irrigation and landscape plans for on -site planting shall be reviewed by the Planning Department and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. u 483 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 26 of 30 NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 73. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 74. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 51" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 75. In both the medical complex and commercial complex diamond shaped tree planters and/or regular planters shall be provided between head of parking spaces and buildings or in adjacent sidewalks to provide code required parking lot shading and soften the buildings appearance. PUBLIC SERVICES 76. The applicant shall provide and/or modify public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 77. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 78. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant will prepare and submit documentation that "runs with the land" for approval by the City Engineer and City Attorney for this continuous and perpetual maintenance obligation. FEES AND DEPOSITS 79. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. n 484 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006.875 EXTENSION 2 MAVER VILLA CAPRI, L.P. Page 27 of 30 80. Permits issued under this approval shall be subject to the Development Impact Fee program in effect at the time of issuance of building permit(s). 81. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with Chapter 3.34 of the Municipal Code. 82, The applicant is advised that the City of La Quinta is considering participation in the Transportation Uniform Mitigation Fee program (TUMF), as administered by the Coachella Valley Association of Governments (CVAG). The fees under the TUMF program shall apply to any permits issued after the effective date of the City's participation in said TUMF program, and pursuant to the terms of the program as may be in effect at that time. MISCELLANEOUS 83. The commercial complex and medical office complex projects may be considered separate projects for plan checking purposes. 84. An exterior lighting plan (parking lot, carports, walkway, building, landscaping) shall be submitted to the Planning Department for approval prior to issuance of first building permit. A photometric study for the parking lot shall be included with the lighting plan complying with Zoning Code Section 9.100.150. Parking lot fixture height shall not exceed 20' above parking lot grade. Side shielding of fixtures shall be provided on all perimeter parking lot fixtures and any other fixture that may glare onto adjacent residential properties, to the satisfaction of the Planning Director. Carport lighting shall be recessed and not readily visible from the side view. Parking lot lights shall be dimmed or partially turned off to "night mode" within one hour of closing. Dimmed lights shall be at a level to maintain safety. 85. Sign programs for each complex shall be submitted to the Planning Department for approval and comply with the requirements of Zoning Code Chapter 9.160. 86. The parking lot perimeter shall be screened from view of public streets through the use of +3' berming and/or 3'-6" high decorative masonry wall to the satisfaction of the Planning Director. RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2O06-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 28 of 30 87. Prior to submission of first plan check of architectural, improvement plan, precise plan or grading plan, the applicant shall submit the plans to the Fire Marshal for their review and approval. 88. Height, design and location for all trash enclosures and loading screen walls shall be approved by the Planning Director during plan check of working drawings. 89. The carport design for the medical complex shall be compatible in design, material and color to the approved buildings. Preliminary design plans for the carport shall be submitted to the Planning Director for review and approval prior to building permit submittal. The Planning Director may approve the plans or have the discretion to forward them to the Planning Commission for consideration as a business item. 90. Medical complex buildings 11, 12, 13 and 15 shall be architecturally consistent (including design, material and color) with approved building 14. Preliminary plans for buildings 11, 12, 13 and 15 shall be submitted to the Planning Director for review and approval. The Director may approve the plans or have the discretion to forward them to the Planning Commission for consideration as a business item. 91. Height of Buildings 11 and 12 shall be no higher than 22' (except limited tower elements) as stipulated in the Image Corridor requirements. 92. The medical complex water feature shall be re -designed to be more water efficient, use less energy, and be more interactive with the general public, pedestrians, and other people using the facilities. The final plans for the water feature shall be included in the final landscaping plans submitted to the City and shall be reviewed by the Planning Commission as a business item prior to approval by the Planning Director. 93. The two story high windows of the medical complex shall be provided with solar protection for summer sun to the satisfaction of the Planning Director. 94. A sample or detailed photographs of the roof equipment screen material for the medical complex shall be submitted to the Planning Director for approval at the time of. working drawing plan check. 486 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 29 of 30 9.5. The planters in areas adjacent to the school building grounds shall be heavily planted with canopy trees (minimum 36" box, 2.5" caliper) to provide a visual screen of the commercial complex. All planters along north property line shall be a minimum 10 feet wide to accommodate trees and planting. 96. Design and location plans for all cart returns within the parking lot shall be approved by the Planning Director. 97. Plans for building 1 of the commercial complex shall be architecturally compatible the other commercial complex buildings. Preliminary plans for the building shall be submitted to the Planning Director for review and approval. The Director may approval the plans or have the discretion to forward them to the Planning Commission for consideration as a business item. 98. A palette of designs, colors and materials for the awnings by tenant shall be submitted to and approved by the Planning Director prior to issuance of first commercial complex building permit. The developer shall consider providing "awnings by tenant" as part of initial construction. 99. The proposed water feature at the northeast corner of Washington Street and Fred Waring Drive shall be removed and, in its place, an art piece shall be explored, as part of the City's Art in Public Places Program. 100. All mechanical equipment shall be screened to the satisfaction of the Planning Director. 101. All applicable requirements of CUP 2007-105 Extension 1 and TPM 35088 shall be complied with. 102. All mitigation measures contained in the Final Environmental Impact (EIR) Report for EA 2006-582 shall be complied with. Said EIR is on file in the Planning Department of the City of La Quinta. 103. Adjacent to the east side of Building 13 of the Medical Complex, substantial landscaping shall be provided to screen and soften the building 104. The applicant shall consider eliminating parking spaces in each complex to provide additional pedestrian -friendly outdoor public spaces and a pedestrian scale fountain(s). Areas provided shall be included in the final landscaping plans. ry' 487 RESOLUTION NO. 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 2 MAYER VILLA CAPRI, L.P. Page 30 of 30 105. The applicant shall, to the satisfaction of the City Engineer, comply with all recommendations contained within the Transportation System Management/Transportation Demand Management Study for the Washington Street and Highway 1 1 1 Corridors. n. 488 - I t'ii9Ali'1Bi gory impumnohis: None BACKGROUND AND OV9WIEW: Zoning . Community Commercial (CC) Generef flan Designation Communfty Commercial (CC). Surrounding 29ning and Land,Uses. North CO (Commor'ai r Off€de), CC iCOmmunrty. Commercial) / vacant land and. Public rniddle school' �. South:' fif .(Low Density Residential!/ ooumtir )lob-developrnerrt East:. ' : .RL (Low density Rasidentialy Single Famdy Residential and Coachella 1 ValleyWater District (CWMI..wall. site j j - West:. Commercial and residential development )n.tfLe City of Palm Desert Property. Desctiptiorrand HWoryi M -property 'is Aocated aon the north 'side' of Fred Waring Drills between Washington Street artd Palm Royale Drive )n north La'Quinta (Attachment 1): The vaoaM ;site consists . Pn narily of sand dunes • and desert shrubs:. . A :curb and . sidewalk exist along Washington' Street; Power poles} and overhead lines also exist aloYig.the northQrt two-thirds' of Washington Street Improvements. to Fred Waring. Drive :rn front 'of the 'prois t arid. at ttie inters addo n. with Palm :Royale: Drive, Including signalization . and raised center medians. and .ourbs, . are preseritly being comploted The subject property was divided .into tfie existing' 2 parcels by Parcel, Map. 31876 in.2003• . In early 2004, Mayor Villa Capri proposed a'residentiai subdivision consisting. of 48 single. farnU,y' lots on the easterly :16 acre parcel.., -Adtlitionally, at 'that time . s Cer)eral. Plan Amendment ;and Zone Change., from. Community Commercial to . Neighborhood. Commercial was proposed for the westerly 10 sore. parcel. Those applications were .recommended for denial by the Planning Commission on March 23, 2004; and eventually withdrawn, by the applicant prior to City Council review without any further public hearings,G4ttachment U. Aalot lineadJustrhent rn;2007 revised the westerly lot to 12 4- acres and the'eastedy_lot to 12.7+acres: Surrounding the project site to.the east is. the Ufa Vista single fgmNyresI'd.. al. subdivision and a CVWD welt site across Palm Royale Drive, with colonel Mitchell, Paige Middle School and vacant. commercial land (proposed for self sarvice car virash) located to the north, a .commercial office complex and Desert Bteeies residential project In Palm Desertto the West.across Washington:Straet, and Palrri . Royale Countty Club to the. -south across Fred- Waring Drive. The rimid"dle.'school to the north ties installed a steel, picket type fence adjacent to theii'plsy yard areas j along .their common, boundary with the subject property, PROPOSAL: A commercial complex and medical office complex are proposed to be developed on the subject property. Mayer Villa Capricurrently owns the entire. site;.However, - the medical complex is proposed be developed and owned, by a different party. }Ire 104,'000 # square foot commercial complex will be constructed on the existing we3strty 12:3.+ acre. parcel; while a 130,45.0#.,square foot medical office. complex, I is propcsed on the eastern i2.7.+ acre parcel. While the projects_ are separate, there Will be 4ehicular and pedestrian connection provided between the two' via Cast -west drives and a common north -south- drive adjacent to the projects common boundary connecting. to Fred.Wagng Drive. Dommercial Complex :. • -The. commercial complex will consist of a market with attached retail shop spaces; e freestanding drugstoreand six . additional freestanding retail . buildings (Attachment 31. • The 39r709 square foot market is in the northeast corner of the j cortNnerctal center site with the 12,900 square foot .freestanding drugstore proposed at the' southwest comer. In accordance with the permitted uses Identified for.Gommunity Commercial zoning, district, both of these.buildings require 'conditional. use permit approval as they exceed 10,000 square. feet, Four freestanding retail shops are located near Washington Street, with'the-.awo remaining freestanding shops, along Fred 'Waring Drive:. The connected. shops extend from tine east side of.the .market `and run south adjacent to.the,-east property -boundary. Though shown on extort or elevations. and the landscaping plans, stiffs will be reviewed under a separate sign program to be considered ate future date. Retention of on -site storm water will. occur in three small basins as well as an undergrcund . retention system - proposed underneath a portion of the parking lot. Tfie. three basins Will be landscaped With low water use plants and covered With :decomposed 'granite. ,The : bask Ins .are.located east of the drugstore, east of the market; behind the attached' shops; and north of Building 9. :-The underground retention system is just north of the building.9 basin in the park(rio lot. I f 492 I Parking -and Circuiation: The commercial complex proposes two driveways along ffia Fred Waring Drive j frontage and two driveways along the Washington Street frontage: The easterly driveway on Fred Waring Drive will be shared with the proposed madicel steely comoffice - plex to the east, offset'¢ast=west drive aisles will oonneet to this driveway I and provide access between the commercial and medical complexes. The northarii rriost driveway on Washington Street,. adJacant to the north boundary of:the alto will. provide right-in;arid right -out access .and is'intended primarily to Provide access for market delivery vehicles. This drIveway.runs along the north and east commercial complex. boundaries acid heads south ..conriecting` to. Fred Waring Drive; essentially saparating'.the commercial complex from: the medical . complex.. It is anticipated that large market defivery trucks will enter the site..from the. northirtl-most..Washington :5traet driveway, back into the market loadfngdock, end puil forward and exit onto Fred -Waring Drive. •Thig.Pred' Waring Drive driveway Will provide right -in, right -cut and left -in access. The.southarn-rriost driveway and main entrance on Washington Street will peftj i right -in, right -out end left -in axass and will .lead Incoming traffic to the ceter of nj the comrriercial complex. The westeriY most driveway access on,Pro .airing Drne.will also:serve as'.a primary customer. access to the commercial complex and.' Will permit light -in and fight -out access.. The majority of customer parking as located in the center Of the site between the p market and drugstore.. ,Parking is provided at a ratio• of 'one space pet 260 square feet of building area 'as.' permitted by. City Code for centers of this type. The a following is a summation of the parking: i j Barking required:. 415 spaces Parking .provided: ' 5o7 spaces fincludi ig handicap an 24 compact spacei; A preliminary. pedestrian ADA (Amarlcans with Disabilities Act) circulation pladhiii. been submitted to the Public Works Department to show how access tq the various; buWings.can. be achieved in addition; pedestrian connectivity to the meandering aidewalks along Washington "Street and Fred: Waring. Drive as. well• as within the project is identifed in several locations,. such as at. the Waishirigton'Street and'Fred Waring. Drive intersection as well as between buildings 2 & 9, 8 & 9, and B & 7. hedastriarrconneOtivity is also Provided to the medical office complex to the east,. Architecture: ' The commercial complex is designed in a desert cpntemporary style of architecture; utilizing flat roofs, square edges at cc rners,'pop-outs and recesses; va rying colors Of smooth. 'plas#er walls, 'stone .veneer . on towers ,and walls, metal canopies .and %4 493. i' trellis', ewaings.and curved roof towers.. kxtedorpiaster colors' include up to. five shades of ton to. brown plus a deep green:. Metal work and. acoents will be dark brown with the atone veneer muM Barth tone colors, .curved metal roofs, where used, will. be. standing seam metal in..a clear anodized aiuminum color. ' No architectural' _plans. have been: 'subrn'rtted for retail building 1: Iodated along lYlls;;htngton`street., This,buildtng will require separate rev'rew.aY a later date. Retail Shops: guilding heights are proposed atPrimaritY 20' for the retail shops, but tome -areas vary sbghtly.. Tower structures are shown On 'these. buildings which are .several feet higher than the aiijaaent building''. wails (the .highest tower: being 26' 6•): . . These buildings utillie vertical and horizontal planes of.varying colors and depths: Pop out columns and aoffrfs create the appearance that'the windows and doors -are recessed into the suite. Atl of these retail buildings have..at least one freestanding . Perforated steel shade --Goner provided over. walkway:oi entry areas: Along g � fronts the puns allow for.awnings over most windows/Which are to be decided on by. the •tainam when'they move in. In certain areas steel trellises wiA be provided ' over windows and doors. i Market: The. market, located at the northeast corner of the comrrnercial complex srte, . is proposed with the same. architedturel style;: colors and maicrials as the retalt shops. TFie liuildtngatorefront uses srttooth exterior plaster' and stone Veneer accents. The remaining sides are primarily extenor faster and . int ral: color P eg precision block, f proposed in two colors. The market height varies'to a maximum 29'-6 for a sm811 Ptirtion of. the, buildma at the .entry. Much of the.balanoe of. the-building.yarles j from approximately 24' to. 26, in height. A .covered •two lane .driv$-through hatinac P Y window.rs rovide P don the: n • ordnwest and of .the building: A screened. . delivery dock and trash enclosure Is provided at the Year'of the building. Drugstore. A drugstore , is proposed rrear the intersection of Washington Street and.'Pred Waring Drive'and,has been designed consistent in architecture, colors and.ntaterjal with the other buitdings.:in the. oerfter. the. primary building height is 22" .with towers extending, up tale maximum'27'�6' at the store entry:', A covered two lane' drive through pharmacy window to provided on the east. aide of the building,' A j scrT"ng ed delivery dock and trash enclosuce.is iocsted on the. north side of the Medical Office Complex { The propoaed'Medical Office complex will consist of five freestanding buildings on 4g4 1 j 12.7+ arrest with the northern three buildings proposed to be two stories and the southern.- two buildings closest .to Fred. Waring. Drive proposed ,at one :story (Attachment Q. Specific design• detail has: only bean . provided for one .buildi7ig (building 14T. at this. time;. The total building square footage of the complex WIN be 130,450 squarefeet,, with- the canter two- story :flagship" building (building 14) being the largest at 44,650 square feet, . Si sign program at a future date,. gns.wil( be reviewed under separate 'A convalsscentlf'Shabilitation facility. is Proposed to be located in. the "flagship" building. The facility will. provide elective surgeries, primarily for joint repair and sfmiiar operations and' would Include a' maximum of So private su joint. rehabilitation .rooms, capable of accommodating, both' long and short term rehabiit rahl6n patients,. . in addition to tire'beds,, the faclUty will. include a dietary%cafeteria space, one or more gym/rehabilitation rooms, therapy pools and nursing stations, 7Fie operating room in the fiacility is. designed for. elective outpatient surgeries: Total staffing is not yet known. It has yet to be determined if the facility will use all of .the building space. If it does, not, other medical offices' will occupy, the balance of the building , This.facility requires a Conditional Use Permit in.the Community Commercial zones which has: been applied for and is included in your review:: The applicant has -identified that in addition - to the convalescent/rahablitation fac0ity the balance of. the buildings in, the complex, are expected. to contain sports I medicfne outpatient surgical facilities;. medical -office spice, dialysis, orthopedic . offices, family practices and various other specialists:. j Retention of on afte storm -water will be.provlded in a, large basin at the northeast , cotiter of the site and in an adjacent underground retention system underneath a .portion of the parking lot. The unfenced basin will ba landscaped with.low water,usa plants and covered with .decomposad granite. Parking and. Circulation: The medical complex will have one driveway along the Palm Royale floorage and' two driveways -along . Fred Waring Drive; the. westerly one being• the :aforementioned drive'to be shared with the commercial complex. The easterly Fred Waring Drive driveway, which will provide right-iri and right-Qut access, ,leads to the front door of ,the "flagship" medical building where a circular drive with an entry water feature in the center and' drop off area and several close handicap parking spaces are shown:. The circular.drive intersects an east -west drive, that provides access to Palni Royale Drive to the east and the commercial complex. to Me west. 1•he driveway 'on Palm Royale Drive will be a.fullturn access and align with Rome Drive. to the east:: :Rome Drive._p_rovides.:_aecess to- the adjacent -Bella": meta T-. residential neighborhood. 495 Parking for the medical complex.is. required at the::; convalescent hospital reggiremept of one, space. per, four- beds for the-44,860 square foot cijhvaiesceht/rehabilitation facility and one space per 200 square feet of the first 2,000 medical offrce square footage plus one•epace par175 square feet of the balance of the medical office square footage over 2,000 square feet. Using these ratios, the parking required and provided is: Parkiing.required: 483 spaces Parking provided: 717 spaces (Including handicap and six compact spaoasj. The she plan was originally dasigned for -the entire; project to be medical 0ffi0e0 only. This req iuires more parking than a project with a convalescent facility. When the-44,850 squam foot, convalescent/rehabilitation" facility was 'added to the Project, the perking lot plan was not revised: Therefore; a large numb.er of "excess parking spaces ramain, They are- provided in case the corivalesoent/rehabilitation facility leaves and the space is converted back to. medical offices. The applicant .. has elan -rioted .that a similar convalescent/rehabliitation .facility in Rancho Minige provides.. two parking spaces per "bed; 'which 'would inorease the required parking. . from 13 to 100 spaces for this 50 bed facility. Buildings. proposed far office use require a mirolmum thirty percent ,of the parking, spaces be -covered by a carport or treilis, The plan proposes 30% of the spaces be covered; with- carports located .near each building. However, the majority of the carports are located north and west of the central buildmg Architecture: Architectural plans for the medical carnplex buildings focus on and are limited to. the main "flagship" 44,850 square feet two�.story: building; This medical building is designed in a desert contemporary style of architecture utifizing similar architectural features; as. the: retail complex. Exterior col'ors and materials will be consistent with - those proposed'in the cortimercial complex. Metal work and accents,jncluding. a curved standing seam metal roof 'over the tower feature, are to.be clear. anodized aluminum color,' with a.stone veneer fade on the tower. Entries are provided on ail four siaes of the building with.the main entry facing. Fred Waring Drive where the.water feature andcircular drive are shown. On the south side of the building, following. the curve. of the circular drive and adjacent to•the front door is a govered arcade over the sidewalk.. The building•parapet is proposed at30.' high, which is Iower.than the 405 maximum height allowed in the Community Commeroial zone. Inside of the oareoet wall and mounuw. ze ma Mole WN De a painted louvered equipmentscrE j . additional four feet of height to the structure This screen is set approximately 16 feet behind the exterior Walls of *the building. 'in• addition to pioylding a necassary :.i screen:for the roof;equlpmem, the eppUcant has also identified that the screen is designed to bean IntNral arehitectUrai featuire of tfie.bullding, A.tower (with the curved metal roof) over the north and south building entHes'wil.'have .a parapet , wail height of 30 feet, Moen. wall height of 34'feet, with a maximum height of 43 fast at the entry tower. Plans for the carports have not been submitted, but theapplicant has indicated they will be compatible with the desert comerrrporary architectural style and materials used for that medical buildings. The applicant has submitted a rendering and cross section drawings to show the relative relationships between. the northeasterly two story medics) office building (Building 13) and the four closest homes that back up to Palm Royale Drive north Of Rome -Drive The drawings indicate the 34 foot'high (including mechanical screwing) office building would vary from approximately 1'88-238 feet away from the back waif _of the neighboring home's to. the east. Because of the height of the existing rear yard: perimeter,wall of the °homes and their lower pad grades along Palm Royale Drive.the .first three homes north of Rome Drive should not see the f WOO two story medical building across the street. As one moves north (froth the . . fourth home north of Rome Drive and 'Beyond), due to the lower perimeter wail height, the building will be seen. Landscape Design (both: complexes) A landscape plats for the entire site has been submitted showing specific trees and shnib.types (in Attachments 3 and 4). The plan includes a plant palette with sties `for the project:. Trees are shown at 24' to 36'. box size (with a minimum 2' caliper) with Date Palms at 14, and Mexican Fan Palms at 25.' high. Shrubs are . shown at 1.5, five. and one gallon- sties (some grasses at :ohe gallon). with groundcovers at five and one gallon siie.' The landscape design is desertscape'In. nature with no use of turf Indicated. Decomposed granite or gravel will be used in . all planters for groundcover. Additionally, landscape plan details are provided for the area around, buildings 2-4 of _the commercial ooniplex. (Attachment 3) and the area around. the proposed medical building. entry with its proposed Wader feature jAttachment 4). Along .tile Washington Street and :Fred Waring, Drive perimeters an 8' Wide rneandaring sidewalk Is shown. Along. -Palm Royale Drive, a 6'.wide sidewalk Is shown with'. a 6` wide planter .located. between the sidewalk and curb. At the comer of Washington Street and Fred .Waring. Drive a fouritain-type water feature is proposed. Planted retention basins are shown at the__northeast-corner of the medicat complex site .adjacent :to Palm ' Royale Drive, and in the cornmercldl Qg j complex to the east 'of building 10, to the southeast of the market and. in .the j triangular area north of bulding 9. In front of the medical.. complex ."flagehip° building's math entry, south of the . circular driveway, an oblong shaped waterfal style water 'feature is proposed surrounded by plantino-and. the circular drive. Decorative paving is also proposed in ' the circular drive area of, this .entry and at, the aisle crossing to .the south in .the main driveway leading to Fred Waring. Drive: Water' fouh#airt and paver details have not been .provided- to date. Extetlor Lighting .(both complexes) Typical -parking lot lighting will be provided for, both. commercial Projects..This will consist of standard _ box 'fixtures on:.a pole.. ,lighting will be provided for the carports in the medical•.00mplex. No specific fixtrire details or photometric plans • . have been submitted. to date." _ nootat(ve Parse( MaP The Tentative Parcel Map proposes to divide the existing two lots Into 7o parcels . (attachment 6). ,Fift-perceis would be created for the commercial complex with ' five parcels for the medicaF complex. !n the commercial complex the market and drugstore will'each be.on,a separate parcel with: the balatice of the three retail . buldfi96 on:the remaining .three parcels. Street:penmeters era shown as par( of the parrei they.are.adjaoent to and not as common parcels. Each of the five medical complex buildings will be on an -individual. parcel. The ! Interior parcel �lines'between the'parcels will run down the middle of.the driveways surrounding the buildings. The retention basin at the northeast -corner of the she and street perimeters are inofuded within, the parcels common area lots: versus being, identified as. The "aPPncant . has, Indicated that all or soma 'Medical buildings may be sold as 'condominiums. Therefore, the five medical complex parcels are, identified- for . condominium purposes: PUBldC AGENCY AEVIEW: Staff transmitted a copy of the applicant's project request to responsible public agencies. AI) agency comments received have been made part of the Conditions of Approval for this case to the extent they are applicable.. PUBLIC NOTICE The Proposed: project applications were advertised in The Desert Sun newspaper on •. y February.13, 2009 for the -February 24, 2009'Planmi Commission hearing and on } March 8, 2009 for this. City Council. hearing, One written comment was received prior. to the Ptannino Commission hearing (Attachment 6), and to date none have been recelved•for the City Council hearing, ENVIRONViENTAL REVIEW Draft EniAronmemal Impact Report A Draft environmental impact Report (DEIRi hats been prepared, consistent ,with CEQA.require.menta (previously passed but to, the City Council). The City of La Qulnta is the Load Agency and ties the. authority for Preparatign and certification of 0te DEIR. The :DEIR includes a detailed project description and a de&cription of the anvironmeiatal setting of -this project. The DEIR addresses the topice df Aesthetics Air Quailty, 8iologPcal Resources, Cultural Resources, Soils and Geology, Hazards and Hazardous Materials; Hydrology and Water Quality, Noise,- population and Housing, Public Services and Utilities,. Recreatidpal Resources, Transportation and Traffic., Potentially signifio6rit impacts wend identified With respect to Air Quality, Cultural Resources, Geology and .Soils, Noise, .and_ Transportation. With .the. adoption of the mitigation measures proposed In the Draft Eiji,. the majority of the project impacts can be reduced to less than stgnrficant levels; .However, a number of traffic impacts arid,. temporary air quality. impacts (during. the construction. phases) remain signifioant after mitigation rrieasares are required. A number of traffic related mitigation measures. are included in the DEIR to reduce tiripacks associated with the proposed project (page .III-111 of the DEiR►. How I Weir, ; l , oven.*ith:those mitigation measures some irnp'acts cannot be mitigated to.INS iI than. significant levels. Those Are: 1. in .2010 the implamentation of the proposed project will result in traffic impacts which cannot ba. mitigated-.(pa4e-M-12 of .the DEIR). This is dus to > the fact that street improvernerrfs, such as adding .a turn lane, cannot be feasibly accomplished at -the following intersections:. A. Washington Streat at Howley lane 0. Adams .Street'at Fred Waring Drive C. Washington Street at Miles Avenue, D. Washington -Street at Highway 111 j 'E. Washington Street and Avenue 4i3 ' 2.: in .2020 cumulative .impacts associated with build out .of,tha General Platt standards will be unmitigatable. To mitigate these impacts widerdng Washington Street from Hovley Drive to Avenue 48, Fred Wering'Drive west i of .Washington Street, and Highway 111 east, of Washington Street to eight: lanes .would'need'to"be done. This is not deemed feasible:due to existing development along"the streets. MA requires an alternatives analysis as' pert of the EIR process. four alternatives.,. were identified. for gonsideratign in the DER4 1) No"Project (required); 2) General' Pion OWN Out/All Retail Development; 3) Reduced" Intensity Alternative; and 4) :Alternate. (and Use "Miz Alternative. ;Anafysis- of each of these:, alternatives �s " daHedln Sectigri V of the DEIR. Only the no project alternative.woufd result ni siQnifeantly fewer impacts, However, traffic impacts with "this alternative would sdlf ba significant and unavoidable due to regional "traffic growth and cumulative project"" in- the area. This ahemative'would, not accompilsh any. of "the applicant's project goals. The other alternatives_ would. achieve some of the applicant's project " goals, . but all would result in significant and unavoidable traffic:.impacts Additionally, any. of the development altematives would result in short term grading , and construction air -quality impacts: CEQa allows public agencies to make. findings "to approval projects; despite the fact that certain potentiapyslgnlficant adverse environmental..impects.;identified in the DEIR"are not. mitigated to. 81 level of" insignificance. To do so, the. Agency must I state in writing the reasons to support. its action Leased :upon the £lei. and any. mforrnatioh in the public. record.." Such a written statement is called a Statement of Overriding Considerations (SOC) and. requires".Council consideration and adoption should the Council wish to approde the project. 13rIatWR and Common& Received the Draft EiR The"D81R was circulated for public review as required by QEi A with the comment period ending February 47, 2008, three. days after .the February•. 24 Planning Commission hearing. Therefore; comments on the DEIR received by the deadline; i including at the. Planning Commission hearing are included in the Final Environmental Impact Report (FEIM (Attachment 7). The. Commission considered the Information. in the DEIR in making • its recorrimendations, to the City Council Certification of the FEIR is an. action to be considoted by the City Council, The following comments" were received from agencies and interested' during the public review period: t. Riverside County Fira.Department 2. Coa"I.a "Villby-Water District 3. Time Wamer Cable 4: Native Amedcan :Harltage Commission 5... Riverside, CountyTransportation Commission 6: The Robert Mayer Corporation. i. . Department of "Toxic Substances Control ,-Regional Water.Quality-Control Board i t Responses to these comments have been prepared and are part of the. Final Environmental Impact Report. The Fire Department provided several general comments pertaining to fire planning, . services and requirements, as well as one correction to the DEIR text pertaining to fire standards: Comments from the. Coachella.Valley Water. District only include. two corrections to the bEIR text pertaining to. water resources,. The applicant. quest[oneif the air. quality mifigationar►ebiti (IWM 3) requiring all "structures within. the prop6sed project shall demonstrate energy efficiency which exceeds the standards"of Title 24.0f..the Uniform Building:Code by 2¢ This mitigation, measurewas included in the EIR to address greenhouse gases. and global .: warming. Although there,are no .thresholds established for greenhouse gases as of Vet, the.City is required to work towards reducing its .greenhouse gas emissions 1990 levels. While no uniform threshold of significance has bosh officially.atlopted ! in.California;.numerous.proposed thresholds have been developed:. The greenhouse gas emission from this project (7.458 metric tons'of, combined' carbon dioxide ' equivalent. (CO2e)• per " year , at build out; not. inciudiri$ construction emissions] would be above some of the lower thresholds and below some of the higher. i l proposed .thresholds. The .suggested thresholds of significance range. from s low o#' 900 metric tons per year o[. GOZe .(the Wiforrila Air: Pollution: Control Officers f Association -suggested threshold) to a high of 3i3,477" metric tons per year (the San Joaquin Valley Pollution Control" .bistrict adopted standard): The SCAdMD has adopted a threshold of. 10;000 metric tons' of CO2e per year, but requires the . inclusion',of. .construction emissions amortized. over 30 years. The City has not adopted a specific. numeric threshold, However, City. Staff and its environmental consultant believe that the CO2e emissions from the" operation of this project are large• enough that they: warrant $pacific ieduotion.'efforts. Currently, the site produces no CO$e emissions as. it is. undeveloped,- The project as proposedwill gas emissions, increase "greenhouse and although the impact is not`been labeled . "significant," this in part Is because La. Quinta. had, not adopted a numeric threshold. For this reason, reductions should be'applied wherever possible to meet the State mandated targets.. The 20% reduction is consistent with guidelines being publishers, :and`. other legislation andprograms gG,alifomia to reduce greenhouse gages. ks-there Is. nothreshold established, the 20% recommended an alternate mitigation i measure is recommended: as follows: "Unless determined to be as unreasonable; haiVship by the City Planning Director, all structures shall exceed.. the minimum i standards set forth in •the 2007 Calitomla Energy.Cods3.mue 24,. f,._ 5 j1 Part 61 by 20%. ff it fs determined by the Planning Director thai compllance "with:MA; measure creates an unreasonable hardship, the measure may be reduced to the .highest level determined fft-N Jle by- the Planning Olrector but In no case shall it be reduced l Wow the minimum standard set forth by.the. Calffomla Energy ' Lade in effect at the time of building permlt submittal. ". Staff envisions including a similar standard in .the General Plan .during .the next update, This revision will allow• the project to be constructed even if the 2096 ' reduction" In energy consumption is,,not reachadas"long" as it shown ..i6at a.valid attempt" has been made. .This change' In...*a mitgation measure would not significantly change the intent of the _ measure,: would not represent a significant change in the analysis or conclusions of the EIR, and would not require recirculation of the document.. Other comments Were general -or standard in nature and are: included. as. noted items. CEQA: Findings and Statement of pacts The'California. Environmental Quality Aot and particularly. the CEQA Guidelines require that: "No public. agency shall approve or carry out a project for which an EIR has been i I certified which .Identifies one for more" sigrnficant environmental `effects on. the.. project unless the public agency makes 'one or more written findings "for each of i those: significant effects, accompanied by a brief explanation of the rationale for " "Ji each`frrrding. The find 11 Changes or alterations' have: been required in;.or incorporated, into; the Project "which avoid, or. 'substantially lessen the significant. environmental effect as identified in the final EIR. 2 ' . Such_ changes or alterations are within the responsibility and jurisdiction ofJ. another public.agency and not the agency making tfie finding. Such changes . have been, adopted ;by such other agency or can and should. be adopted by suoh.-other agency. 3. Specific economic,. legal; social, technological, or, othei considerations, including provision ofemployment opportunities for highly trained workers,. make infeasible the mitigation measuras or Project alternatives .identified' in the final EIR." In short; CEQA requires that the lead" agency adopt" mitigation measures or. alternatives; where feasible, to avoid or mitigate significant environmental impacts. . Sj2 is �. that would otheryrise occur with Implementation of the Project. Project mkigetion j ior alternatives are not required, however, where they'are infeasible or.wfiere the, responsibility for modifying the projectiles with another agency. For those significant effects that • cannot be mitigated to s lescthan-significant level, the public ag to firioYlfatA eci is overrding economic, legal j social, technological, of other 'benefits of. the .project outweigh. the agnificarrt -effects on the environment. The -.Guidelines state in Section 15093 that; Off the specific economic; social, teehrtological, or .other benefits of. a proposed] project outweigh the unavoidable adverse environmental, effects,• the adverse environmental effects may considered acceptable." The required CEQA .Findings and. Statemen of Facts for the. Proposed Project are incorporated into the City Council Resolution for the Final Environmental Impact lieport 200M82 as Exhibit "B." Benefits of Implemerwrig the -Proposed Project and . gut einertt of .Overruling Considerations . CEQA requires. the City as Lead Agency, to balance the benefits of .the proposed k. Project against its unavoidable : slgnffican adverse impacts, . and 'to determide . ..Whether the Project related significant impacts can be acceptably overridden by the Project benefits when the impacts and benefits are compared antl balanced. The proposed..Project is. anticipated toy cause Project specific or corttrihute to cumulative unavoidable significant adversQ environmental impacts as described the-EIR The -required CEGA Statement of Overriding Considerations is incorporated into.the City Council Resolution for. the Final Environmental impact Report 2068-582 as Exhibit "A." The benefits of the proposed Project resulting from the impternerrtation of the proposed Project, as detailed In Exhibit "A, outweigh the. Project speoific and cumulative unavoidableadverse iinylronmental effects. . . • The benefits from approving the proposed Project, as'outlined below and in Exhibit " `A"; can be considered by the City Council in performing the. balancing test with . those unavoidable significant adverse envlronmantal. impacts previously described. The following benefits can be found to outweigh.: and make acceptable the unavoidable significant adverse impacts of.the proposed Project as described in the Final -EIR;. this document and other : information in the. record. Each benef t can constitute .an overriding considgration• warranting approval of the .Project; independent of other benefits, despite each and every unavoidable impact. Expansion; of retail, commercial end..sorvice opportunities - Irplementation of the Project will enhance 'the 'retall and service .experienoe for costumers and clients, and :attract new businesses. to the City,.whkh will promote investment and create m .:.new employent opportunitles within the City of La Quints: The Project: will add to the WIWI square, footage of cbrnmun'I retail and ray medical office space in the City .needed to achieve the benchmarks In the Economic Development Plan; the Project anticipates- building 104,000 square feet of retail. and 130,4$0 square fleet of medica(:office space. Enhancement- of.. retail and service experience and expansion of employlneM opportunities.— the Project will enhance the quality of drfe' in the .City of La Quints by.enhancing the retail and service:experienoe as wel�as.promoting investment and creating new employment opportunites in .La Quints. associated, with roleD snit . medical office.businesses. $afes tax revenue, and fees • The Project Would generate .davelopment tl at will contribute to future sales tax revenues and. Development impact (DIP) Fees for the City. of Qu i rota. The DIF,Fees will contribute to implementation of the pubP�c .. infrastructure improvements included.In the Citys Capital Improvement Program: Expansion of and proxfmhy to professional services The Project .will provide, opportunity for additional conveniently located: professional. services in La Quints, The rehabilitation facility Will .allow opportunity for La. 'Quints residents to .utilize I such serviees.locally. 'In .conclusion, the benefits iderjtifl4'' collectively and individually, outweigh the unavoidable,. Project "specific. anal :cumulative .significant: unavoidable adverse -. impaots. PLANNING COMWISM61Y ACTION i The Pfarining•Commission considered thisi request at their -meeting of February 24, 2009 (Attachment 8). One person from the Bella.vista neighborhoods poke.,'The'. .resident lives .on the. east side of. Milan Court, which :is one block east of Palm Royale Drive And commented that he, felt his: view to the west would be detrimentally affectedby the constructionni-of themedical complex. The major'ooncems brought up by the applicant focused upon the recommended ng 13 of the: me conditions of approval that called for Buildidical center to be limited to one story rather than two stories as proposed,: the requirement for a city entry sign at : the Fred Waring. Drive and Washington Street: intersection "and' the requirement for tower height of the drugstore be -limited to not exceed 26 feet. The applicant also expressed concern with the mitigation_ measure identified in the DEIR relevant to greenhouse gas emissions.' The measure as written in the DEIRraquires all structures within the proposed. project demonstrate energy efficiency exceeding the standards. of Title 24 of the Uniform Building Code by 20.%0; The applicant identified that4his measure would be financially. infeasible. The Pianhing Commission raised a number of issues pertaining to the, proposed project.: _Those issues included energy efficiency, especially with regard to the _ 504 4 extensive glass use, in the medical complex, water use from the comer fountain and medical entry area water feature; the feasibility of the .recommended city entry sign on the comer of- Washington Street -and -Fred Waring Drive arid replacement with F. public art, the lack of a deceleration lane into the medical complex on the easterly Fred Waring Drive,' lack of public gathering areas and pedestrian scale, in general, as wolf ai in. conjunction with' the medical complex water feMure and concerns brought up by the applicant pertaining to the recommended conditions. After closing the public hearing and .deliberating,. the. Planning Commission ultimately concluded that two stories for Building 13 and the extra tower height for the drugstore.was acceptable and have included this in then . recommand -0 o the.City Council: to Since the.DEIR comment period did not condude until after . the Planning. Comr+lission meeting,, the Commission did not._take .action specifically on the applicants request regarding the greenhouse gas.amissipns 7ritigatiori measure:: With regard to the medical center water feature the Commission concluded that it should be re dasignad to- he more we efficient, use lose energy, and be located' . to where it could. -be in immediate proximity to. pedestrians. To enhance' pedestrian friendliness, the. Commission has made a tecorrtimendation for the removal of some of'the excess parking spaces in:order to provide additional public area in both :complexes. The Commission concluded that the condition for a city entry. sign should be dBleted as the sign is bast suited for .the+ southeast coiner of this Intersection. •'.Commissioners recommended the fountain proposed for the same comer -of the project be replaced with a public art piece. Due to the heavy.trafftc on Fred Waring Drive, the'Cornmission feit'a deceleration lane should be added fore the easterly: medical' complex. driveway. ,and, has. recommended this to the .City Council. '*a would result in two of thehrea `. iiriveways along- Fred Waring Drive having deceleration lanes. : The :other is for the ..westerly driveway. serving the commercial complex. The Planning' Commission recommended to :the City Council approval of all applications, on 6•0 votes for the Conditional Use Permit and Tentative Parcel Map ' and 44 with Commissioner Weber voting no. on the Site Development permit. TIRANSPORTATION DEMAND MANAGEMENT On September 18, 2007, during a Study Session item discussing, the traffic impacts'of development. projects to the Washington Street and,.Highway 111 corridors; ,City Council directed staff to;complete .two, Items: 1) optimize traffic signal operation at Highway 11.1 and Washington Street., and 2) commission a. sport to study alternatives for Imp' roveirSents to the northam portion 'of the Washngton Street Corridor. � i The ClWs takeover of Highway 111 has allowed greater flexibility .coordinating signals on :both' Highway III and Washington Street. However;'. improving the northern portion of Vf/ashinMan Street has, required coordination with Palm Desert, Indian Wens and Riverside County as all 'have jurisdiction, over this roadway, i Coachella Valley Association of Govemments.(CVAG) has agreed'io participate in this -project by funding 7596 Of the cost of a corridor studyr. On- March -17; 2008, City Council will be asked to consider the award of a consultant sarvicas. contract.for the study .of Transportation System Management , (TSIVi) and transportation Demand MW.1agement (TDM) for the Washington Street Corridor. This at will' dsveiop and evaluate TSMfrDM aitamattves to . Mduea travel delays either through: a) a more effective use of existing capacity, b) adding . capaorty (if feasible), c) traffic signal syrichron8iation, d) dncouraging motorists to use transit,car/van poohrig; etc„ .e) encouraging motorists to -travel . at .less congested times,.and/or f) encouraging pedestrian and bicycle alternatives f! The TSM/TDM Study will identify options to address existing. and anticipated i congestion along the Washington Street Corridor. I Since the, subject project Is located withina critical link in this corridor, The Public .. , . Works IIapartment. recommends the' following condition of approval be added to the tecoinmended conditions of approval for the tentative parcel map and. Bite development permit for. the subject project: Theapprcant shall . at a minimufft.. establish aird : adriminAster a it MM."taildn demand manaorawt plan hi accordant , with -bomc SC 180 " Tiansportatlon Demand Management.. !n addition, ;ire epppcant shah; as directed by the Chy Engineer, .implement..all TDM programs. 14enM6Cf in. the Transportation :System lbjanegej»ent/Transportetion` Demand /l9anagemenr 3ivdy .for the tar" Streer and Highway f 1 r'Corridors. Since it would have been inappcopriata for them to consider a`condiition .of approval on an item that had nct yet been eonsIdered by City Council; this condition Of. approval was not Included Jri the agenda. .packet 'for the Planning, Commissloni meeting of February 24; 2009 When the Commission considered the Mayer. Villa Capri project:. Por. your consideration, this condition has been included as Condition i d102In the recommended Site. Development Permit Resolution and Conditions of Approve[ and ,as Condition 482 in the .recommended Tentative Parcel Map . Resolution an d Co ndttions of A rov pp al. I FINDINGS AND ALTERNATIVES: The .Findings, as .'noted . in' the attached Aesolution, required by the zoning and Subdivision Ordinance, and' CEpA, can be' made, subject to the recommended ! CoildlUons of Approval. ! The City has. idendfied.all of the adveme environmental, impacts and feasible i +nitgation measures which can reduce: potential adverse eiriironmentai impact to insigri fcant . levels where' feasible; or to the, lowest achievable levels wham . findin ant adverse unavoidable adverse on vronmerital..Impacts remain. The findings have also anelyzed'three alternatives to 'determine' whather they :are reasonable or feasible alternatives to the 'proposed _Project; or whether' these alternatives mightraduce.'or' eliminate the.'significant adverse impacts of the proposed Project.. The Fnal EIR presents evidence that implementing the . proposed Project Will contribute to'.signiflcaiit adverse impacts' which cannot. be substantially mitigated to. ' an insignificant -level. All feasible. alternatives and mitigation measures are .. recorrmmendad for adoption or identified for implementation by the City and other' a9erecies 'where appropriate. The City finds that. the Projeot's , benefits .are substantial as outlined,: and:•that thaso benefits justify overriding the unavoidable significant adverse- impacts associated with the proposod Pnst tiie unroject, the .City further finds that the benefits; when balanced agaiavoidable significant adverse . impacts, outweigh these impacts - because of the environmental, social and economic.benefits..which acerue.�to the Eity. . The alternatives available to the City Council include Adopt a Resolution of the City Council certifying. an Envir6nmerital Impact Report, (SCH#2007.121009) Including adoption of CEUA- findings and. Statemert of Facts, and Statement of 1 Overriding Consideretiohs for: Environmental Assessment 2006-581. Adopt a Resolution of ttte City Council approving. Site Development Permit 2006 875, subject to Conditions. Adopt a Resolution of the City Council approving Conditional Use Permit. - 2006-105, subject.to Conditions. Adopt a Resoluti f on o . the Cny Council roving. enive, Parcel Map. 35088, subject to Conditions; or 2. .'Do not adopt the Resolutions approving the Project; or • f 3. Provide staff with alternative direction. 5�� , RESOLUTION NO. 2009.024 A RESOLUTION'.Of THE CITY.000NOIL OF THE CITY -OF LA.QUINTA, CALIFORNIA, APPROVING A SUBDIVISION OF 30.2t ACRES INTO.94 RESIDENTIAL.,SINGLE FAMILY LOTS: AND 'OTHER- MISCELLANEOUS LOTS (TENiAT1VE'f RACT.MAP 31434 - MONROE.DATES, LLG) It was moved by. Council Members Kirk/Franklin to adopt Resolution No.. 2009-024 as amended (amending. the conditions to allow a 15-foot wide setback .on Lots 24 and' 25.and the play station amenity to bejoptional/. City. Attorney Jenson clarified, the amended amendments ate to Condition Nos. 81 and 88. Motion cabled with Mayor Adolph absent, 2. PUBLIC- HEARING TO, CONSIDER ADOPTION .OF RESOLUTIONS. FOR; 1) CERTIFICATION OF AN ENVBiONIVIENTAL: IMPACT REPORT FC'It . PNVIRONMENTAL ASSESSMENT 2008-582; ADOPTION. OF' FINDINGS j PLI NSUANT TO.CALIF ORNIA ENVIRONMENTAL-aUALfry ACT:.ADQPnOri OF STAT EMENT OVEiiRLD1111G. CONSIDIifiATlOAI,.ODEPT A MITIGATION ' MONITORING PROG. FOR AN ENVIRONMENTAL IMPktyT REPORT- RAMj .2) APPROVAL QF SrTE: DEVEkOPMENT PERMIT 2O(I8-876 TO,.ALLOW A y RETAIL COMPLEX AN6MEDICAL OFFICE COMPLEX ON 25+ ACRES WITH I APPROXIMATELY 234,450d: SdUA:k FEET' OF BUILDING AREA: $):APPROVAL OF 'CONDIT)ONAL . USE.. PERMIT 2007-105: AND 41 . 'APPROVAL OFTENTA'TIVE PARCEL :MAP 35088 TO VIVIDE.THE SITE INTO 10 ' PARCELS (WITH.- 5> 'LOTS FOR, . CONOONQNIUM PURPOSES}, FOR -PROPERTY LOCATED. ON THE NORTH SIDE. OF FRED WARING DRIVE j BETWEEN 1NASWINGTON' S] REEI AND'PALM ROYALE DRIVE. APPLICANt: `MAYER VILLA-CAPRI, LP. - Priricipal Planner Sawa `presented the staff report. In response to. Council. Member Kirk, Public . Works Director ,'JOriassort . ekplained one deceleration lane Into, the commercial site was proposed, and the Planning Commission added a', condition to require . an. easterly deceleration.lane into. the medical :facility. He explained the traffic�'study did not.mest the 50-vehicle threshold during peak hours, which was estatilished when the project '.was' first brought before the City Council. Planning: Director Johnson further:explained the concern, of the Planning COmrrfssion Was with' patrons, to the medical complex entering on the first entrance and the potential .for rear -end aoc'idents; and .thy truck.' routing would be from Ciity`Codncil: Minutes 46 March 17, 21109 Washington. Street, unloading at*the back side of the building and. exiting at the eenter'drive isle to Fred Waring Drive. In response to Council Member Kirk,. Principal Planner. Sawa confirmed the Planning Commission determined the view impact was not as severe as staffs assessmdnt Planning. Director Johnson stated 'the' ePPlicant: wilC Initially install the core Iinfrastructure, driveypags and perimeter improvements .. foe sites. Public Works Director Jonasson stated standard language to' ensure bonds are in place' for the improvements and sutidivWon .Improvement agreement. ' In response to :Council Member.Pranklin, Planning Diregtor Johnson explained the number of p"qg spaces allocated for the medical: building is just under the requirement for all five buildingsto be medical dical . offi e 4 s. Mayor Pro Tern Henderson asked staff to explain.a reference regarding Title 24 on Page 24 ` Planning Director. Johnson explainedit is a response t6 the AB 32 Greenhouse: Gas Emissions provision : and .was identified. as --a mill o i t on'rneas ` 9. ure in. the draft EIR. .He statedaanguage has been added to provide some, flexibility because Title 24 ,requirements are expected to . increase in August 2009; it also proyidas flexibility, to address a hardship on an administrative level. Mayor. Pro Tom Henderson expressed caution on those issues as AB 32 and . Sg 275 are under serious consideration for suspension for a period of time.• Planning Director•John8on:suggested the appiicant talk -with the local electric provider as programs are available to assist in cornpllance with the legislative requirements. i The.Mayor vro Tam declared the PUBLIC HEARING OPEN -at 7 5y.p.m. .... - Lsny Burrows, representing Mayer Villa Capri, stated the ,property is two separate portals; the retail center is an .asset the Mayer and Gordon family Will manage for yeors to come, and the medical buildings are a part of a Partnership with .Mayer and Medical Real Estate Development. He noted it is in 'their best- interest' to make. sure the .perimeter improvements are completed: He stated they are in agre the Title 24 ement with the condition related to. issues.. . Marvin Roos, of MSA Consulting, reviewed. parking for the. medioal_ building site, landscaping, and the elimination of.the:water feature in front of the i building: He also .reviewed pedestrian access between the projects, food court areas at the'ratail site, :Vie extended .deceleration lane, raised median on Washington Street; and increased size. of. the pedestrian plaza. He stated -..�- 510 :'. City Council Minutes 17 March .17. •2009 61 parking spaces have been eliminated but the project is still .in.excess.for medical use. In response to Council Member Kirk;. Mr. Rocs explained the wall height . deptoted in the view shot is six feet. Regarding. the lane .study, he confirmed they are seeking three entries from Fred Waring` Drive and are aware of _the. full access constraints. As .for adding another deceleration lane, he voiped. concern about eliminating 30.more" parking, spaces: He noted the City policy for requiring deceleration lanes .is based an 50 trips per hour during peak . hours; and stated one:entrance'is estimated) af40 trips per hour.and`the other is estimated at 12 trips per hour. Council: Member. Kirk inquired about visibility of. the rear elevation of the: market, and would ,the applicant ba willing'to-add some vertical elements: John Vuksic, thearchitect,, stated the rear elevation will be visible from the middle. school. ' He. questioned the vertical treatments bringing ,anything to the project :but its Wiling to consider it. Council Member Kirk requested the architect, point put the unique alerhents.of the project. Mr. Vuksic stated there are several layers to the. 0ugdings and strong 'shading elements. throughout the complex. In response to Mayor Pro Tam Henderson, Mr..Burrows stated. the.two water . features have been eliminated. In regard to Titfe 24, he, stated the developer is in agreetnsm with the policies, and do not. anticipate, a. significant impact '. to the. pmJecf: f i i Mayor. Pro - Tern: Henderson -askedif the. City has imposed: the 20% I requirement, on :other projects, to.. which .Planning: Director Johnson responded, 'Yes.":.. . ion Rhodes inquired about traffic and suggested a.roundabout be installed. Scott. Arthur voiced concern about, -the amount 'of. traffic the projecf will produce,andstated there is already a considerable amount of traffic on Palm Royale Drive.. He questioned why traffic for this project is not kept on the, main thoroughfare and expressed• safety'.concern for children walking in the area; tie suggested moving the entrance to the rear of the property.. There being no additional requests to speak, the Mayor Pro. Tern declared the PWBUC HEARING CLOSED at 8:31 p.m. Council: Member Kirk . requested staff . address the suggestion for a roundabout, and moving the entry north' on Palm Royale Drive: City Council Minutes is March.17,.2ti09 Public Works Director Jonasson -Started the roundabout. might impede -on the, trafftdsignai at Ralm.Royale Drive; and rnoving'.the driveway to the north would not be .a problem but would entail. major changes to the. She plan Council Member Kirk' stated the environmental analysis indicates traffic cannot be. mitigated:but does not include Palm Royals [3rive and Fred Waring . Drive. Planninc Director Johnson revfavoed the `intersections that eann..ot.be mitigated, which does not include Palm Royale Drive and Fred.Waring Drive. Council,: Member .Kirk conveyed empathy for traffrc in the neighborhood but .feels thecitywide benefit' of the project `outweighs the. impacts to the neighboringcoinmurilties;. and noted the buffer of office buildings is good for the: neighboring residents. - He stated.: the ..Planning. Commission .' recommendation .for a deceleration lane is appropriate; this is not a pedestrianproject because• few people will be walking to the project but he appreciates the minor modifications for pedestrian use,. He referenced the ' lack Of trees in much of the parking: areas, and suggested more Pp o -outs and sha de to " the, buildings on the medical office - Sim Council Member- Srnff agreed the project needs more .covered parking shade trees, but otherwise aupports the project, P ng and I Councit.iiAembar Franklin concurred with Council mrr+ Member Kirk's coents: Mayor Pro Yam Henderson stated she feels the 20°k•Standard of Trtle:24 is a Irttki excessive and suggested a compromise of 10ti. 'She also conveyed a. desire for some type of water feature. ;. Council Member Kirk stated the Planning : CorhmissTon .has been very' sensitive to water efficiency issues as directed by the City Council as tong as a project is: meeting its target, He is not apposed to directing staff to appro:ve.a pedestrian -scale water feature.' Council Member Sniff stated he agrees with `th.e.judidious use of:water. Council 'Member Kirk stated he supports the Planning. Commission's recommendation. of. 20% for Title 24, noting it is likely to be higher .in -the near .future. In response. to Mayor Pro Tern Henderson;Planning' Director. " Johnsoh confirmed.the'20%u is based on the'current Title 24 and would not. increase with any Changes In August. City Council Minutes 18. March 17, 2008 . RESOLUTION NO::'2008 025 A.RESOLUTION" OF THE CITY COUNCIL .OF THt3 CITY OF LA QUINTA, f CAUFORNW, CERTIFYING THAT THE ENVIRONMENTAL IMPACT It1�PoRT PREPARED FOR THE'VILLA CAPRI PROJECT (SITE DEVELOPMENT PERMIT 2006-875, CONDITIONAL USE PERMIT • 2007-105, `AND 'TENTATIVE' PARCEL MAP 350f38).19 RECOGNIZED AS ADEQUATE • AND COMPLETE; RECO(NIZ#NG. THE. OVERRIDING CONSIDERATIONS TO CERtAW " SIGNIFICANT ENVIRONMENTAL. IMPACTS, AND NO., THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT 8E AVOIDED BUT . CAN BE REASONABLY AND' SUBSTANTIALLY MITIGATED`IF THE PROPOSED PROJECT IS IMPLEMENTED. (ENVIRONMENTAL •ASSESSMENT. 2006-582 — MAYER VILLA CAPRI, LP:) -It was moved by Council Members for to adopt Resolution No. ' 20QB.025 as submitted. Motion. carried with 'MayorAdolph absent. i RESOLUTION" NO. 2009-026 I - I A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APROVING': DEVELOPMENT. PLANS FOR A " COMMERCIAL, COMPLEX t►ND A MEDICAL OFFICE COMPLEX LOCATE9) ON THE. NORTH. . SIDE "OF F.RM WARING DRIVE BETWEEN WASFRNGTONI STREET: AND . PALM ROYALE DRIVE. {SITE DEVELOPMENT PERMIT 2006.875 = MAYER. VILLA CAPRI, I.P.j" It, was moved bye. Council Members Kirk/Frenkiin to adopt Resolution No 2009-028 as .amended (requiring additional shade in the medical complex parking areas as' approved by'the Planning Director and a 'pedestrian -scale . water feature also to be approved by the Planning Direotor,and subject to the Water efficiency brdiriahce). Motion carried with Mayor Adolph absent:. . r RESOLUTION NO. 2009-027 A RESOLUTION OF THE CITY COUNCIL OF THE cn,.y OF LA QUINTA CALIFORNIA, APPROVING A CONVALESCENTIREFfABtLITATipN FACILITY AS PART OF A""MEDICAL OFFICE COMPLEX AND 10,000+ SQUARE -FOOT. RETAIL STORES'LOCATED" ON THE NORTH SIDE OF FRED WARING DRIVE ' 13ETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE. (CONDITIONAL USE PERMIT 2007-105 : MAYER VILLA CAPRI, LP.) IY was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009 02Z as submitted: Motion carried with Mayor Adolph absent. City.Councl Minutes.` zp March:l7, 2000' RESOLUTION NO. 200"2ij A. RESOLUTION OF THE CITY COUNCIL OF TkIE CITY OF LA 11tfINTA, CALIFORNIA, APPROVING A SUMVISION OF 25t ACRES TEN . PARCELS( . VE FOR CONDOMINIUM PURPOSES). LOCATED ON THE O SIDE N RTH . OF FRW. WAKING DRIVE BETWEEN WASHINOTON .STREET AND PALM ROYALE DRIVE (i'ENfA 77V EP _ PARC EL MAP. 35 088 MA I YER VILLA CAPRI, LP.) , It was Moved. by.. Council Members Kirk/Franklm to adopt Resolution .No. 20M628 as submltteif. Motion carried with Mayor Adolph absent. The City' CouncU meeting was recessed:. The city.Couitameetin _as riscb nve 9wned, Mayor Pro Tem Henderson suggested Study Session Item No. 3 be continuedto the April7, 2009 meeting. ? i S U®y SESSION ..: , .. continued i 2 DISCUSSION OF, THE DRAFT FISCAL YEAR 2009/2010 THROUGH 2013120.14 CAPITAL IMPROVEMENT PROGRAM. i Public Works Director Jonasson presented the staff re po.rt in response- to.Mayo r Pro Tem Henderson,:Public Works Director Jonasson explained the identification of $2.2 million' for .Jefferson Street. is. incjuded 'with. -Add Project. iVo.:12;. the .on -going_ maintenance is not identified and the funding source is to be determined He: stated the east side lots at In a better.situation because the old Oar .3 course behind it can possibly be incorporated into the City's lots,. 'Mayor .Pro Tam Henderson stated she agrees with moving the mid -block crossing project out of the capital budget . but does not want it totallyremoved. 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J b � low ®® HAM 4P U t"m'� em — ',tI Eli nr�. ��li�q,.. Fiiikul6dlC�>IIPX��4S�tli_I �I a 1,17 NE1 Bill'% I III �714 ■ SH ° 1 ■ dal v. � 1 `AYlt 1U,11§1fl1 i��la ATTACHMENT #4. NO, •ad � 1 ! � _' f !�� i � 'vt1 ?�6i. ' I, �' IIIi 1 i I � p� i Q�i.asti4gft6�r.�tli a�n#d��ls : �. laf �6fl�a�f CITY/SA/HA/FA MEETING DATE: May 15, 2012 ITEM TITLE: Public Hearing to Consider an Ordinance Amending Title 9, Zoning, to Require a Specific Plan for Any New Development on a Lot That is One -Half Acre or Greater in Size and Located Within the Village Commercial District (§9.65). Applicant: City of La Quinta RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Motion to take up Ordinance No. _, an ordinance amending La Quinta Municipal Code, by title and number only, waiving further reading; and Motion to introduce Ordinance No. , an ordinance amending the La Quinta Municipal Code Section 9, Zoning, on first reading. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW At the Council meeting of February 21, 2012, Council directed staff to prepare a potential Zoning Amendment to the Village Commercial District with the intent of adding flexibility in order to encourage the development of a vibrant and successful village community while at the same time insuring adequate review of future development proposals for consistency with the City's policies for the long term development of the area. In response, staff has prepared the following Zoning Ordinance Amendment for City Council consideration. to 579 PROPOSAL: Currently, any new development within the Village Commercial District requires Planning Commission approval of a Village Use Permit. The proposed code amendment will also require City Council approval of a Specific Plan for any new development on a parcel of land '/: acre or greater in size that is located in the Village Commercial District. The purpose of this requirement is two -fold; first the preparation and approval of a specific plan provides the applicant flexibility in the design and to a certain extent, the type of land use proposed in a proposed development. Secondly, the requirement of a specific plan affords the City Council an opportunity to review the project in order to insure the development is consistent with the City's General Plan policies for the Village. ANALYSIS: Currently there are 45 vacant properties, comprising approximately 21 acres, within the Village Commercial District (please see Exhibit A). Of the vacant properties, nine (9) are %= acre or greater in size and thus would be subject to the requirement of a specific plan. Of the nine properties subject to the specific plan requirement, three (3) are currently under an existing specific plan and the remaining six (6) properties, which total approximately seven (7) acres, are owned by either the City or the City's Housing Authority. If a property is currently under an existing specific plan, neither a new specific plan nor an amendment of the existing specific plan will be required as long as any proposed development is consistent with the existing specific plan and the policies of the City's General Plan. For those properties subject to the new requirement that are not under an existing specific plan, it is anticipated the approval of a specific plan will add approximately 30 days to the project review timeline as the City Council hearing must follow the Planning Commission hearing by enough time to allow a 10 day public notice of the Commission's recommendation and the date and time of the City Council hearing. Additionally, approval of a specific plan also requires compliance with SB18 which calls for notification of any potentially affected Native American Tribe and the provision for Tribal consultation regarding the proposed project and any potential impact on Tribal resources. While this adds an additional layer to the review process, it is typically conducted simultaneously with the City's normal project review process and does not usually add additional time beyond the time needed for City Council review and approval of the specific plan. As presented, the regulation does allow the City Council to exempt a project from the requirement of preparing a specific plan if the Council deems it unnecessary. Although not part of this action, please note there are two properties in the Village, the La Quinta Museum site and the Village Public Parking Lot site, for which staff will bring to the Council, proposed General Plan and Zoning amendments, changing their land use designations from Village Commercial to Major Community Facilities. The intent of the proposed amendments is to change the properties' land use designations to better reflect their current respective uses. It is anticipated these amendments will be brought to the Council for consideration in June. Environmental Review The approval of the proposed Zoning Ordinance Amendment has been determined to be exempt from the California Environmental Quality Act (CEQA). Because the proposed changes involve procedural changes that insure development subject to the new procedures will be individually reviewed under CEQA on a case -by -case basis, thus the ordinance amendment will have no impact on the environment. Planning Commission Review The Planning Commission conducted a public hearing and considered the proposed text amendments at its April 24, 2012 meeting (Attachment 1). Following the staff report and Planning Commission discussion, that included noting the limited number of properties subject to the new requirement and the flexibility available through the specific plan process, the Commission unanimously approved Resolution 2012-010, recommending Council approval of the proposed Zoning Code Amendments. PUBLIC NOTICE This proposal was advertised in The Desert Sun newspaper on April 13, 2012 and May 4, 2012. To date, no comments have been received by staff regarding the proposed code amendment. Any written comments received following the posting of this report will be handed out at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Ordinance. The alternatives available to the Council include: 1. Motion to take up Ordinance No. _, an ordinance amending La Quinta Municipal Code, by title and number only, waiving further reading; and 2. Motion to introduce. Ordinance No. , an ordinance amending the La Quinta Municipal Code Section 9, Zoning, on first reading. H 581 3. Do not move to take up Ordinance No. 4. Provide staff with alternative direction. Planning Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Planning Commission Minutes — April 24, 2012 if 582 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, TO REQUIRE A SPECIFIC PLAN FOR ANY NEW DEVELOPMENT ON A LOT THAT IS % ACRE OR GREATER IN SIZE AND LOCATED WITHIN THE VILLAGE COMMERCIAL DISTRICT 09.65) WHEREAS, the City recognizes the importance of providing flexibility in the development review process while at the same time insuring development is consistent with the policies of City's General Plan; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24`h of April, 2012, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to require a specific plan for any new development located on a parcel %z acre or greater in size within the Village Commercial District 09.65), and WHEREAS, the City Council held a duly noticed public hearing on the 151" day of May, 2012, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibit "A" on file in the Planning Department and with the City Clerk. SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby finds that this Ordinance is consistent with the La Quinta General Plan. The Zoning Ordinance Amendment is consistent with the General Plan insofar that it does not create any new or changed conditions to the environment and is intended to encourage flexibility in development awhile insuring consistency with City's General Plan. SECTION 3. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines. Each application submitted as a result of this Amendment It 583 Ordinance No. Zoning Ordinance Amendment 2012-108 May 15, 2012 Page 2 of 3 will be further assessed under the California Environmental Quality Act on a case - by -case basis. SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after adoption. 6.POSTING. Insert posting language SECTION 7. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta: PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 5" day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California Ordinance No. Zoning Ordinance Amendment 2012.108 May 16, 2012 Page 3 of 3 ATTEST: Susan Maysels, Interim City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California " 585 M EXHIBIT A 9.65.010 Introduction. A. Role of The Village at La Quinta Design Guidelines. The provisions of this chapter, regulating uses and structures within The Village at La Quinta area, implement the concepts and guidance set forth in The Village at La Quinta Design Guidelines ("guidelines'). Land uses and development proposed in The Village area shall be designed and evaluated in conjunction with those guidelines. B. Purpose of Design and Development. The following purpose statements reflect the design concepts envisioned by the guidelines: 1. Develop The Village area as a year-round commercial, residential and recreational location, serving residents and guests of the greater La Quinta community; 2. Promote development standards to accommodate projects and activities which will provide goods, services and housing in a design environment supportive of the concepts set out in the guidelines: promoting pedestrian accessibility and scale, maintaining connections to La Quinta's artistic and architectural heritage, and guiding design to acknowledge and embrace the desert environment. (Ord. 323 § 3 (Exh. B) (part), 1998) ,9.65.015 Specific Plan Requirement. A. All new development proposals located in the Village Commercial District and on a parcel % acre or greater in size shall require approval of a specific plan. A "new development proposal" is defined as a new building construction proposed for vacant property or associated with demolition and reconstruction of an existing building Specific plans shall be subject to review per La Quinta Municipal Code Section 9 240 010 Except that upon a finding of good cause, the City Council may waive the requirement for a specific plan. 9.65.020 Permitted uses. A. Permitted uses in the VC zoning district will combine essential day-to-day neighborhood goods and services, tourism and visitor -based retail and entertainment opportunities, and facilities necessary for the operational demands of such uses. B. Except as otherwise approved as part of a specific plan for the property, the following uses are permitted in the VC zoning district with approval of a Village use permit (VUP), pursuant to the procedures set forth in Section p 587 9.65.040. Where a determination on a particular use is necessary, it shall be made pursuant to Section 9.65.040(C): 1. Multifamily Residential Dwellings. Such uses include condominiums, apartments and similar housing types. Residential density shall be determined on a site specific basis, based on the development capacity for the proposed project uses on the site. The ultimate decision on density shall rest with the planning commission; 2. Commercial guest lodging (including bed and breakfast) and associated uses, such as retail shops, restaurants and conference rooms; 3. Indoor or outdoor professional art studios, displays and/or galleries, for all artistic endeavors and production, to include dance, painting, sculpting, ceramics, jewelry, glass blowing, photography, hand -made furniture, stone cutting, and similar activities. There may be sales, presentations and displays or demonstrations to the public; 4. Professional service offices providing limited sales, such as medical, dental, veterinary clinic, dietician, optician, catering, attorney, real estate, banking, mortgage broker, social and community service offices, property management, financial services, beautician, barber, reproduction service, tailor, cleaners and laundry, postal services, services such as shoe, watch, jewelry and bicycle repair, and similar uses. Offices with larger scale service aspects, such as limousine and auto rental services, are permitted (vehicles may be stored in the district). Uses such as construction management offices are permitted provided construction materials and job equipment are not kept on premises; 5. Prepared food service for on -site consumption, drive-in and drive - through, and/or carry -out, including fast-food restaurants, delicatessen, tea, coffee and ice cream shops, pizzerias, and similar uses; 6. Prepared food sold specifically for on -site consumption, with indoor/outdoor seating. Such uses include fine dining and other low to medium turnover restaurants; cocktail lounges, dinner clubs, sports bar/lounge, bar/grill, night clubs and similar uses, with alcohol sales for on - site consumption only, along with live, recorded or other entertainment in or outdoors such as music and/or dancing, karaoke, arcade games, pool, billiard or shuffleboard tables, etc.; 7. Public indoor assembly/entertainment facilities, such as auditoriums, theaters, dinner theaters, conference center, gymnasium facilities, concert halls and related uses; 8. Indoor facilities for education, training, self-help and improvement, hobbies, or vocational purposes, both public and private. These may be located in any facility which can accommodate the use, such as ability to meet occupancy requirements, etc.; 588 9. Indoor/outdoor cultural, historic and similar displays and galleries for all types of artifacts and/or artistic media, such as museums, auction houses and consignment rooms. Such uses may include sale of display art pieces; 10. Retail merchandise sales of limited goods (goods that can be carried out and hauled by the customer), such as antiques, appliances, bicycles, wholesale and/or retail foods, newspaper and magazines, tobacco products, kitchen and bath shops, video and audio equipment, clothing, pets and pet supplies, office equipment and supplies, party and/or costume rentals, sporting goods, home furnishings, hardware and home improvement, and other related uses. C. The permitted uses in The Village area do not preclude other similar uses which are compatible with the specifically identified uses and otherwise meet the criteria for Village use permits. (Ord. 480 § 1, 2010; Ord. 323 § 3 (Exh. B) (part), 1998) 9.65.030 General development standards. A. Purpose. Except as otherwise approved as part of a specific plan for the property, this section outlines the development standards to be adhered to in the VC zoning district. These relate primarily to the performance standards commonly associated with typical zoning enforcement, such as parking, setbacks, and height limits. This district is to be considered as stand-alone, in that application of the overall zoning code to Village area projects shall be accomplished through design review during the Village use permit process, prioritizing the guideline concepts and the VC zoning district above the applicable zoning code standards. 1. Setbacks. Setback criteria shall be determined based on the existing site conditions and surroundings, in conjunction with the guidelines and the proposed project characteristics. a. Setbacks along front, side, and rear property lines are not required; however, any setback provided must be made wide or deep enough to be usable space, such as for pedestrian access to side -loading commercial space, stairwells, or through -access between front and rear of the building(s). b. Projects with any retail commercial components shall maintain a minimum ten -foot landscaped setback from any RVL, RL or RMH zoned properties. c. No utility equipment shall be allowed above ground in the right-of- way. Such equipment shall be integrated into the footprint of the proposed building. ." 589 2. Heights. Building height shall be limited to thirty-five feet, or two stories, for main building mass. Architectural and roof projections not providing habitable or otherwise usable space, such as chimneys, spires, finials, and similar features shall be permitted to extend up to three feet above the maximum structure height. Structure height shall be measured pursuant to zoning code Section 9.50.050. 3. Parking. Parking area requirements for permitted uses shall be determined by staff as set forth in Chapter 9.150 of the Zoning Code, with the following consideration: a. All current parking regulations shall be applicable, such as required number of stalls, space and aisle dimensions, location of parking areas, etc. However, in the VC zoning district, variations to any parking standards can be approved. 4. Landscaping. Project landscaping shall be provided to implement the guidelines and existing city policies. 5. Screening. Project parking service area and trash enclosure screening shall be provided to implement the guidelines and existing city policies. 6. Lighting. Project landscape, parking, building and pedestrian lighting shall be provided to implement the guidelines and existing city policies. 7. Special Sign Allowances. For Village area development, it is determined that in order to preserve the greater aesthetic benefits and historic character of The Village area, designated landmarks or historic resources, as defined in Chapter 7.02 of this code, are considered exempt from the regulations set forth in Chapter 9.160, with the exception that any signs proposed shall be subject to obtaining an approved sign program through the certificate of appropriateness process for historic buildings and structures. (Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 323 § 3 (Exh. B) (part), 1998) 9.65.040 Village use permit review process. A. Purpose and Intent. This section is intended to provide for specific design review procedures for uses and projects proposed in The Village area. B. Preliminary Development Plans. Any potential project applicant in The Village area has the option to file a preliminary development plan (PDP) to ascertain anticipated conditions, requirements and costs associated with a proposal. This allows the applicant to be informed of any potentially significant issues which may affect any decision to pursue the project. There shall be no fees charged to any applicant who wishes to utilize this process, which offers the following advantages: do 590 1. Provides a comprehensive overview of city applications, fees, and other requirements necessary to obtain project approval, in writing; 2. Provides previous project background which can speed up the formal approval process when the project is submitted; 3. The written information can be used as the basis for an estimate of project costs, in order to determine a project's viability. Submittal for this process consists of five sets of a site plan, floor plan and four -point elevations, in conceptual format, and a brief, written project overview which should list the site location, assessor's number, acreage, etc. Within thirty calendar days of receipt of a preliminary development plan application, a review letter shall be issued to the applicant, incorporating all comments received during the review period. C. Interpretations on Permitted Uses. Where it is unclear as to whether a use is permitted, a request for an interpretation of the use in question may be made, in writing, to the planning director. Within ten calendar days of receipt of such a request, the director shall either render a decision on the request or inform the inquiring party of deferral of his decision to the planning commission. A written decision to defer to the planning commission shall specify the earliest available planning commission meeting for the decision to be considered to be no later than thirty calendar days from the date of the director's notice of deferral. A decision by the director or planning commission may be appealed pursuant to Section 9.20.040. D. Village Use Permit Requirements. Except as otherwise approved as part of a specific plan for the property, all new development proposals in the Village Commercial District shall be required to file an application for a village use permit. A "new development proposal" is defined as a new building construction proposed for vacant property or associated with demolition and reconstruction of an existing building. Village use permits shall be subject to review by the planning commission as a public hearing. E. Any proposal in the VC zoning district without prior Village use permit approval determined as not meeting the criteria in subsection D of this section shall be subject to review by the planning director. 1. Administrative approval may be given by the planning director for any building additions and/or exterior building, architectural design and site modifications that are determined by the planning department to implement the concepts set forth in "The Village at La Quinta Design Guidelines." The planning director may refer the project to the planning commission. 2. Additions and exterior building and site modifications that do not fall under Subsection 1 above, shall be approved by the planning commission as a public hearing under the Village use permit process. F. Findings for Approval. The following findings shall be made by the decision -making authority prior to the approval of any village use permit: 1. Consistency with General Plan. The development of the proposed use is consistent with the La Quinta general plan; 2. Consistency with Zoning Code and Specific Plan. The development of the proposed use is consistent with the La Quinta zoning code and any applicable specific plan; 3. Compliance with CEQA. The proposed Village use permit application has been processed in compliance with the requirements of CEQA; 4. Surrounding Uses. Approval of the proposed Village use permit will not create conditions materially detrimental to the public health, safety and general welfare, or injurious to or incompatible with other properties or land uses in the vicinity; 5. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development and the quality of design illustrated in the Village at La Quinta Design Guidelines; 6. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and the quality of design illustrated in The Village at La Quinta Design Guidelines; 7. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence design, and elements of the Village use permit are compatible with surrounding development and the concepts of The Village at La Quinta Design Guidelines; 8. Sign Programs. Per Section 9.160.090 (Sign permit review), in order to approve a planned sign program the decision -making authority must find that: a. The sign program is consistent with the purpose and intent of Chapter 9.160 (Signs), b. The sign program is in harmony and visually related to: 692 i. All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape, ii. The buildings they identify. This may be accomplished by utilizing materials, colors or design motif included in the building being identified, iii. Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. G. Appeals, Amendments and Time Extensions. Appeals, amendments and time extensions relating to Village Use Permits shall be reviewed pursuant to Chapter 9.200 of this title. (Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 323 § 3 (Exh. B) (part), 1998) a 593 594 ATTACHMENT 1 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calla Tampico, La Quinta, CA April 24, 2012 I. CALL TO ORDER A. A regular meeting of the La order at 7:03 p.m. by Chafe PRESENT: Commissioners Chair# Alderson. ABSENT: None STAFF PRESENT: II. PUB OMM &'& III. FIRMA OF IV. C m NT CALEN There b il;no com Wright/We to a Unanimously" V. PUBLIC HEARI 7:03 p.m. a Planningimission was called to Alderson. , , Wilkiio4rn, Wright, and Planning Manager Planner Andrew Secretary Carolyn or suggestions, it was moved by Commissioners the minutes of April 10, 2012, as submitted. A. Zoning Ordinance Amendment 2012-107: a request by the City of La Quinta for consideration of the following amendments to the La Quinta Municipal Code: A provision to allow outdoor sales and display at retail stores greater than 100,000 GFA (§9.100.1.20), modify the permitted frequency of sidewalk sales and commercial events 09.100.130) located City-wide. 595 Planning Commission Minutes April 24, 2012 Principal Planner Mogensen presented the staff report, a copy of which is on file in the Planning Department. He also noted staff had received e-mail comments from Lowe's after the packets had been distributed. The information was distributed to the Commissioners at the meeting. Chairman Alderson asked if there were any questions of staff. Commissioner Weber asked if the letter from Lowe's, stating their position, was from the local store manager, or the Corporate Headquarters. Staff responded the representative from Lowe's that provided the letter, was in audience and could answer that Commissioner Weber asked what basis staff used for the language in the amendment; e.g., nearby cities or the American Planning Association (APA). Staff responded they started the research by looking at nearby, and regional, communities and did not base their research on any national APA standard. They took the best of all the ordinances they researched and came up with a hybrid of the best of those. Commissioner Weber said it appeared the amendment was a combination of staff's determination of best practices. Planning Director Johnson said they also took into consideration the City's existing retailers; most notably Home Depot and Lowe's. Staff looked at what other communities were doing but also wanted to find a fair and equitable balance to what was currently occurring at both of those establishments. Chairman Alderson asked staff if they had met with the store representatives when they were drafting this Amendment. Staff responded they had met with Lowe's representatives and gave some background information on Code Compliance's efforts on dealing with the outdoor display of merchandise; and the City's latest interaction with Lowe's on this matter. Staff did provide the staff 596 -2- Planning Commission Minutes April 24, 2012 report and the information to Costco, Wal-Mart, and Home Depot representatives, but no extended amount of time was spent interacting with them. Commissioner Barrows asked staff for clarification of the letter from Lowe's regarding the reference to outdoor storage yards being screened. Her comment was she assumed that a display of merchandise was not considered an outdoor storage yard. Staff responded the current code does reference the necessity of screening; unless it is for a sidewalk sale. Staff was not sure what the letter was referring to because this code amendment did not reference anywhere that the outdoor display and sales had to be screened. Commissioner Barrows said she would wait for the public hearing portion of the meeting to hear the explanation from the Lowe's representatives. Commissioner Wilkinson asked for more clarification on the setback requirements; i.e., distance from the building and the street. Staff responded the Code Amendment identified outdoor sales and display areas were permitted within designated portions of sidewalk, patios and similar areas within proximity to the store front. The exact location would be reviewed by the Commission on a case -by -case basis. It was broadly written because not every store had the same layout. Commissioner Wilkinson commented on a previous approval allowing golf carts in close proximity to the street and wondered if this would cause an inconsistency with other retailers' outdoor display of products. Planning Director Johnson responded they did not feel it was imperative for staff to define that distance. It needed to be reviewed through the conditional use permit process on a case -by -case basis. If the conditional use permit was granted there would be a map or an exhibit identifying those display areas and the recipient of that permit would be required to stay within the perimeters of those specific areas. 597 -3- Planning Commission Minutes April 24, 2012 Commissioner Wilkinson asked if the approval would be up to six times a year, or just one time when their area is defined and then the applicant would get over-the-counter approval from staff. Planning Director Johnson said there were two elements to this Amendment. The first part would be a permanent allowance where the applicant would get a conditional use permit and be able to utilize those display areas; and secondly, the potential for seasonal sales to occur as well. This Amendment addressed two items: permanent outdoor display areas and the allowance for greater flexibility for other displays that are currently being allowed through the temporary use permit process; which would actually be more accommodating to businesses. Commissioner Wright said this appeared to be pretty much big box driven and asked if staff had received requests from small or medium- sized businesses such as those in the Village. Principal Planner Mogensen said staff had received inquiries from smaller businesses in the Village and that was why the sidewalk sale item had been expanded. He then explained those were two different types of retailers; which was why there were two different sections of the ordinance -- the sidewalk sale -type of event and the permanent display. Planning Director Johnson added the Council had recently taken action on interim measures for a -board signs and outdoor display. He advised the Commissioner that issue might be coming for review within the next few months and may result in additional outdoor display provisions for the smaller retailers in the community. The focus, right now, was on the larger, big box retailers as well as allowing greater frequency for the seasonal sales. Commissioner Barrows said the issue of walls seemed to stand out when she was reviewing this, but on item D it stated an outdoor sale and display area needed to be fenced; which could include fence or wall. However, on page 7 item E there was a reference to outdoor display and sales for large commercial retail which was under the conditional use permit. 598` Planning Commission Minutes April 24, 2012 Staff responded Section D referred to nursery/garden supply stores specifically. Commissioner Barrows commented that what would apply, as far as Lowe's was concerned, was item E; which was a conditional use permit which would be reviewed on a case -by -case recommendation from staff to the Planning Commission. Chairman Alderson commented on Page 6, under item 3.B.; walls and wall construction. He stated there was a reference to metal siding and said it or any other dangerous materials would obviously not be allowed and would probably be reviewed in the conditional use process. However, if not he recommended language. be added that excluded any metal siding, or any materials potentially injurious to the general public. He also recommended on page 11, item 3, the phrase be corrected to read "adequate and legal pedestrian access be maintained". There being no further questions of staff, and the City being the applicant, Chairman Alderson asked if there was any public comment and invited the author of the Lowe's letter to address the Commission. Mr. Jim Manion, (Corporate Real Estate and Construction Department) Director of Design & Engineering, Lowe's HIW, Inc., 1530 Faraday Ave #140, Carlsbad CA 92008, and Jesus Uccles, Store Manager, Lowe's HIW, Inc. 78-865 Highway 111, La Quinta CA introduced themselves and said they were available to answer any questions. Chairman Alderson asked the Lowe's representatives to state the concerns they had that prompted their letter. Mr. Manion said when they received the staff report; they may have misread it and needed some clarification. They understood that the display of merchandise in front of the store had to be in a designated area, but would additionally have to be screened by some kind of wall. Since they might have misinterpreted that they requested their letter be withdrawn because if that was not the intent they were okay with everything else. Staff stated exhibit E was a separate section that only applied to outdoor retail sales and display for stores of 100,000 square feet or greater and did not have a screening requirement. 599 -5- Planning Commission Minutes April 24, 2012 Mr. Manion responded they would withdraw their letter, but he did have another question about the contractor trailers being sold in the parking lot. They asked for clarification on how the City would treat the contractor trailers and shed displays, with the proposed ordinance. Planning Director Johnson said those were really two different items. He commented on a conversation staff had with Lowe's when they made application, due to a code enforcement matter prompting this change, because the current provisions were quite restrictive. One facet of the conversation focused on storage sheds out in the parking lots, within parking stalls that were defined and established for the purpose of parking customers. Staff's initial concern was if it's designated for parking it needs to be used for parking and not for display of merchandise and that position has not changed. If it's going to be identified for merchandise display then it needs to be designated as such and not be confused with parking stalls with merchandise on them. The exception being if it is utilized for seasonal displays such as Christmas tree lots. Staff continued that would be something that would be reviewed through the conditional use permit process. The one unique anomaly staff is still grappling with is Lowe's sales of utility trailers utilizing parking stalls. Staff's position is neutral and they have acknowledged Lowe's concern, but no permanent solution has been reached as yet. Staff is concerned with the utilization of multiple parking spaces for the storage and permanent display of merchandise. But, the code provision before you shows that we are supportive of reviewing the seasonal use of the parking lot in certain areas, through the use of a temporary use permit Mr. Manion commented that could be discussed at a later date, since it is not being addressed in this Amendment. He suggested future discussion could possibly include the suggestion that if Lowe's could show, through a parking study, that designed areas could be removed from the overall parking and still leave adequate parking for customers; then it would be possible for them to apply for, through the conditional use permit process, an allowance for the sheds and the contractor trailers to remain in the parking lot. Staff said yes that could be considered, noting that Lowe's, Home Depot, and Costco currently had more parking than the minimum requirements. The City is certainly willing to work with those 6 ,t 600 Planning Commission Minutes April 24, 2012 businesses. However, if it became permanent storage, whether trailers or sheds, it really needs to be taken out of the equation as being parking spaces. They should be designated for merchandise display and addressed accordingly through the conditional use permit process. Mr. Manion said, with those clarifications, he was satisfied with the code as it was proposed. Mr. Manion then commented that this Amendment had also addressed his concern regarding the garden center screening. Principal Planner Mogensen explained that, under the proposed code, they would be allowed to have garden center materials out in the display area, in addition to their current garden center, and that would be covered by a different section of this same chapter which is not being edited at this meeting. Commissioner Weber asked the Lowe's representatives if they had any statistics, or anecdotal evidence of how parking lot displays, of these selected products, affect their sales. Mr. Uccles described their experience with customers not wanting to purchase these items from catalogs. He said customers want to see the sheds and visualize how they will fit in with their homes and landscaping. The same things would apply for the trailers. People want to see and touch the product and walk around it. Sometimes there are different sizes or materials, they're made of, and the customers want to see them displayed. He also added the amount of. trailers varies since they are replenished as the customers purchase them. Permanent placement of the trailers would be designated in an area where they would not interfere with traffic. Mr. Manion added that if they could not display the sheds their sales of sheds would be cut 75% or more. Unless the customer can see the particular product they are not going to purchase it. General discussion followed on where Lowe's currently has their sheds displayed. The public hearing portion of the meeting was still open and Chairman Alderson asked if there was anyone else who would like to speak on the matter. 601 Planning Commission Minutes April 24, 2012 Mr. Kyle Goodsell, Assistant Store Manager, Home Depot, 79-900 Highway 1 1 1, La Quinta CA, said they had previously submitted sales figures on their sheds and outdoor merchandise display (in reference to Commissioner Weber's earlier question). Commissioner Barrows asked if he had any concerns with what was being proposed. Mr. Goodsell said they were attending because they needed to hear the interpretation regarding the screening of garden products, but that was clarified. Commissioner Weber asked Mr. Goodsell about their utilization of a large part of the parking area which impacted egress into the shopping center and cut down that area from two lanes to one to get over to the traffic signal for exiting onto Jefferson Street. Mr. Goodsell said that area is in their map for temporary seasonal use. He added that they applied for, and have been granted, temporary permits for this use. General discussion followed on the definition of temporary use, the time frame, seasonal items, when the area in question would be cleared. Mr. Goodsell added they also had the same questions about sheds as the Lowe's representatives. They have sheds displayed in their parking lot right in front of their garden center and were attending the meeting to find out whether those sheds would be allowed in the future. General discussion followed on outdoor display items and rotation of product. There being no further public comment, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. Commissioner Weber commented on the direction the City was going, how the stores appeared to be doing well, egress to the facilities, urn 6,92 Planning Commission Minutes April 24, 2012 health, safety, ADA issues, abundance of parking spaces available at these locations, and how the City and the retailers were moving forward. Commissioner Barrows commented that if a nursery/garden supply store were to locate in La Quinta they would not be afforded the same opportunity as the big box retailers with regard to outdoor displays of plant materials; due to the requirement to have a wall or fence around those materials. She was concerned that this did not seem quite consistent. Staff then explained why they did not change Item D; and gave a further explanation of how the big boxes and nursery/garden supply stores were affected by this Amendment. Staff added they could revisit Item D if it was the Commissioner's wish. It could be brought back at a later date, but the staff focus for this meeting was to address the current situation in the community and not a future nursery/garden supply situation. Commissioner Barrows said she did want to see that fixed, at the appropriate time, in the future. She had an additional question about the parking lots as noted in item 2.B. where it said "you can't impede the flow of pedestrian or vehicular traffic or obstruct access to any parking space." She was concerned that the inclusion of the outdoor display could cause them to be out of compliance right from the start. Staff responded they would have to propose improvements to make sure that it was a safe connection and would not "...impede the flow of pedestrian or vehicular traffic,... etc." If they wanted to create a permanent display area, they would have to make sure that there was a means of access that was an accepted means. General discussion followed regarding a safe and compliant environment for placement of outdoor merchandise; e.g., trailers/sheds, the process of review of use permits by several departments, and designated routes to/from the displays. Commissioner Wright complimented the City on its willingness to work with retailers, in this tough economic environment, as it continued to strive for an aesthetically -pleasing environment while keeping public safety a priority. is so 603 Planning Commission Minutes April 24, 2012 Chairman Alderson concurred with Commissioner Wright's comments and added that he applauded the level of cooperation from both the retail community and the City. There being no further questions or discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to adopt Resolution 2012-009 recommending approval of Zoning Ordinance Amendment 2012-107 as submitted; with the following amendment: Exhibit B, Section C.3 shall be amended to read: Adequate and legal pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway. Unanimously approved. B. Zoning Ordinance Amendment 2012-108: a request by the City of La Quinta for consideration of the following amendment to the La Quinta Municipal Code: A provision to require a Specific Plan for any new development on a lot that is % acre or greater in size and located within the Village Commercial District 09.65). Planner Manager Sawyer presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Weber asked if the owner was the housing authority or the subsequent, successor agency. Commissioner Wright responded it was the housing authority. General. discussion followed on acquisition of the land, ownership, zoning of the properties, Council directives and language provisions for exceptions. Commissioner Weber asked if this strategy would be utilized in other areas within the City. Staff responded not at this time. 604 Planning Commission Minutes April 24, 2012 Chairman Alderson commented on how this might first appear to a developer as more bureaucracy, but then added if the developer stayed very close to the village guidelines, code requirements, and standard terms of construction, he could ask for the specific plan to be waived. The Council has it within their power to waive it. He then commented further on additional savings in both money and time due to this new procedure; which could include requesting of variances. Staff stated that one of the main reasons specific plans were brought forward for Planning Commission and Council consideration was they were requesting for relief or deviations from the City's development standards; and the specific plan process allowed for that. So this would certainly be an opportunity for the developer to contemplate as they were proposing a project. There being no further questions of staff, and the City being the applicant, Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. There being no further questions or discussion, it was moved and seconded by Commissioners Wright/Weber to adopt Resolution 2012- 010 recommending approval of Zoning Ordinance Amendment 2012- 108 as submitted. Unanimously approved. VI. BUSINESS ITEM: A. None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. CVWD VIP Water Awareness Tour, May 11, 2012 invitation. Chairman Alderson commented it was worthwhile and educational and recommended the others considering attending the tour. VIII. COMMISSIONER ITEMS: A. Report of the City Council Meeting of April 17, 2012, given by Chairman Alderson. -11- q 605 Planning Commission Minutes April 24, 2012 B. Commissioner Wilkinson is scheduled to report back on the May 1, 2012, City Council meeting; however he will be unable to attend the May 8, 2012, meeting and asked if one of the other members could attend on his behalf. Chairman Alderson volunteered. C. Commissioner Wright gave a brief review of his observance of the property walk-through with Code Enforcement and Mr. Moran in reference to the appeal (APP 2012-006) presented at the April 10, 2012, meeting. D. Chairman Alderson had a question about the project scheduled for review at the May 8, 2012, meeting. Staff gave a brief synopsis of the item. IX: DIRECTOR ITEMS: A. City Council Report — Update on Green and Sustainable La Quinta Program, dated April 17, 2012. General discussion on continuing receipt of these reports, whether the City is receiving full credit for all events, if containers are available for recycling fluorescent bulbs and batteries, and amount of rebates versus dollars collected. Staff offered to look into these matters and respond back at a later date. X. ADJOURNMENT: There being no further business, it was moved by Commissioners Weber/Barrows to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on May 8, 2012. This regular meeting was adjourned at 8:19 p.m. on April 24, 2012. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California -12- Twy 4 4Qumrcu CITY / SA / HA / FA MEETING DATE: May 15, 2012 ITEM TITLE: Public Hearing to Adopt a Resolution Confirming the Diagram and Assessments for Fiscal Year 2012/2013 Landscape and Lighting Assessment District 89-1 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: A Adopt a resolution of the City Council confirming the diagram and assessments for Fiscal Year 2012/2013 Landscape and Lighting Assessment District 89-1, pursuant to the Engineer's Report (Attachment 1). FISCAL IMPLICATIONS: Adoption of the resolution is required in order to levy the annual assessment for the District. The estimated total cost for Fiscal Year 2012/2013 is $1,41 1,070 for maintenance of landscape and lighting, medians, and parkways within the public right-of-way. The estimated assessment levy for the landscape and lighting portion is $961,361. An estimated $253,000 will be collected from County Service Area (CSA) 152 assessments for stormwater facilities bringing the total right-of-way deficit to $197,496. Park maintenance costs have been separated from the District costs within the Engineer's Report for the district. The parks maintenance cost is estimated to be an additional $1,536,050 for Fiscal Year 2012/2013 bringing the total deficit for right-of-way and parks maintenance to $1,732,759. Staff proposes that this amount be funded through a General Fund contribution of $1,732,759 in Fiscal Year 2012/2013. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 17, 2012, the City Council adopted the following resolutions: • Resolution No. 2012-09, approving the Preliminary Engineer's Report for Fiscal Year 2012/2013 in connection with Landscape and Lighting Assessment District 89-1. 1 N 6o • Resolution No. 2012-10, declaring intention to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. The engineer's report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1. A description of the services to be provided throughout the district; 2. Total costs necessary to provide all services described in the Engineer's Report; 3. A diagram showing the boundaries of the district, including special benefit zones; and 4. An assessment schedule. The April 17, 2012 engineer's report and parcel reconciliation, prepared by Willdan Financial, provided the preliminary information for the Landscape and Lighting District 89-1 for Fiscal Year 2012/2013. The final engineer's report and parcel reconciliation is attached. The engineer's report projects the following for Fiscal Year 2012/2013 in comparison to the Fiscal Year 201 1 /2012 engineer's report: FY 201 1 /2012 FY 2012/2013 Citywide Benefit Zone Yes Yes Number of Local Benefit Zones 6 6 Number of Equivalent Dwelling Units (EDU's) 27,085 27,008 EDU Rate $35.60/EDU $35.60/EDU District Revenue $964,219 $961,361 The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The engineer's report was completed in accordance with.provisions set forth by Proposition 218, which was passed by the voters during the November 1996 election. The estimated Fiscal Year 2012/2013 district exempt cost (City landscape maintenance cost within the right-of-way) is $1,411,070. Based on this estimate, the citywide benefit assessment for right-of-way maintenance, assuming all costs of the district could be considered special benefit to all residents, is estimated to be $52.28/EDU. The current assessment is $35.60. Proposition 218 does not allow for assessment increases unless the increase is supported by an engineering 608 analysis approved by a simple majority of property owners in a public vote. The purpose of this public meeting/hearing is to allow affected property owners an opportunity to ask questions of the City Council and staff regarding the district and to provide public testimony regarding any proposed changes. No changes are proposed at this time. Only after the public meeting/hearing has been conducted can the City Council adopt assessment fees for Fiscal Year 2012/2013. Should the City Council receive testimony from the public through the end of the public meeting/hearing that warrants a change to the assessment level, the City Council can only lower the assessment levels without conducting a public vote. A reduction in the assessment level will impact the revenues necessary to fund the proposed Landscape and Lighting operational budget for Fiscal Year 2012/2013. If service levels are not adjusted accordingly, the General Fund would be required to make up the difference between the reduced revenue level and the proposed Landscape and Lighting operational budget. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution of the City Council confirming the diagram and assessments for Fiscal Year 2012/2013 Landscape and Lighting Assessment District 89-1, pursuant to the engineer's report; or 2. Direct staff to adjust the engineer's report to reflect any changes approved by the City Council upon the conclusion of the public meeting/hearing. Should the City Council direct amendments to the engineer's report, an amended engineer's report and the impacts of the amendments will be submitted to the City Council for approval at the June 19, 2012 City Council meeting. Upon approval, the City Council will adopt a resolution confirming the assessment diagram and assessments for Fiscal Year 2012/2013, pursuant to the modified engineer's report. Any reduction in the assessment will result in a reduction of Landscape and Lighting District revenues available for Fiscal Year 2012/2013, requiring one or a combination of the following: • Supplement Fiscal Year 2012/2013 revenues with other fund sources, such as the general fund; and/or • Reduce services to reflect the reduced revenue levels; or 3. Provide staff with alternative direction. Respectfully submitted, R othy R J nas��99 , P.E. Public Wor s Diretor/City Engineer Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Engineer's Annual Levy Report 610 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2012/2013 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) WHEREAS, maintenance of landscape improvements in roadways and drainage facilities is a very important service in our community. Landscaping, if well maintained, provides beautification and enhancement to the surroundings, along with a positive effect on property values. Adequate street lighting and traffic signals are considered imperative for their contribution to public convenience and safety; and WHEREAS, the annual assessments generated by the existing 1972 Act City of La Quinta Landscaping and Lighting District will fund the cost of providing installation, servicing, maintenance, and operation of landscaping, lighting and appurtenant facilities within the City of La Quinta that are exempt under provisions of Proposition 218 voted in by the California residents during the November 1996 election; and WHEREAS, on April 17, 2012, the City Council adopted the following resolutions: • Resolution No. 2012-09, approving the Preliminary Engineer's Report for Fiscal Year 2012/2013 in connection with Landscape and Lighting Assessment District 89-1. • Resolution No. 2012-10, declaring intention to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof; and WHEREAS, a Notice of a Public Hearing to Adopt a Resolution Confirming the Diagram and Assessments for Fiscal Year 2012/2013 Landscape and Lighting Assessment District 89-1 was published in the Desert Sun Newspaper on April 18, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2012/2013. SECTION 2. The City Engineer filed an annual report on April 17, 2012, and the City Council adopted a Resolution of Intention to Levy and Collect Assessme is $II Resolution No. 2012- Landscape and Lighting Assessment District 89-1 Adopted: May 15, 2012 Page 2 within Landscape and Lighting Assessment District 89-1 for Fiscal Year 2012/2013 and set a Public Meeting/Hearing date of May 15, 2012 at the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California. Notice of the Public Meeting/Hearing was given in the time and manner required by law. SECTION 3. On May 15, 2012, a Public Meeting/Hearing for which notice was given, was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 5. On May 15, 2012, the City Council found that written protests against the proposed assessment had not been made by owners representing more than one-half of the area of the land to be assessed. SECTION 6. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth for Fiscal Year 2012/2013. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of May 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 612 Resolution No. 2012- Landscape and Lighting Assessment District 89-1 Adopted: May 15, 2012 Page 3 ATTEST: SUSAN MAYSELS, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 613 ATTACHMENT 1 ENGINEER'S REPORT AFFIDAVIT CITY OF LA QUINTA Street Lighting and Landscape District No. 89-1 Riverside County, State of California This Report and the enclosed diagrams show the exterior boundaries of the District as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made td the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this r' � � day of , 2012. Willdan Financial Services Assessment Engineer On Behalf of the City of La Quinta Stacee Reynolds Senior Project Manager, District Administration Services Richard Kopecky R. C. E. # 16742 615 ENGINEER'S REPORT CITY OF LA QUINTA STREET LIGHTING AND LANDSCAPE DISTRICT NO. 89-1 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was filed with me on the day of 2012. BY: Susan Maysels, Interim City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of 2012. BY: Susan Maysels, Interim City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the day of 2012. BY: Susan Maysels, Interim City Clerk City of La Quinta Riverside County, California 616 TABLE OF CONTENTS /. OVERVIEW 1 A. INTRODUCTION B. HISTORICAL BACKGROUND AND LEGISLATION /L DESCRIPTION OF THE DISTRICT _ 2 A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT 2 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 2 C. IMPROVEMENTS WITHIN THE DISTRICT 4 METHOD OF APPORTIONMENT 5 A. GENERAL 5 B. BENEFITANALYSIS 5 C. METHODOLOGY 7 /V DISTRICT BUDGETS 10 A. DESCRIPTION OF BUDGET ITEMS 10 B. 2012/2013 DISTRICT BUDGET 11 C. AREAS OF ADDITIONAL SPECIAL BENEFIT 14 APPENDIX A - DISTRICT ASSESSMENT DIAGRAM 17 APPENDIX B - 2012/2013 COLLECTION ROLL 18 617 WILLDAN Financial Services C OVERVIEW A. INTRODUCTION The City of La Quinta (the "City") annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape District No. 89-1 (the "District"). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the "1972 Act"), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto. This Engineer's Annual Levy Report (the "Report") describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2012/2013. The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number ("APN") by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed for special district benefit assessments. Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit. Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2012/2013 pursuant to the 1972 Act. In such case, the assessment information will be submitted to. the County Auditor/Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 201212013. B. HISTORICAL BACKGROUND AND LEGISLATION The assessments for the District provide a special benefit to the parcels assessed, and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit. 2012/2013 LLD 89-1 p Page 1 of 18 61 WILLDAN Financial Services This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, as those improvements provide a special benefit to parcels. The City Council reviews the current and projected years' costs for the construction, operation, maintenance, and servicingof the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30. A DESCRIPTION OF THE DISTRICT A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference. B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following: • The installation or planting of landscaping. • The installation or construction of statuary, fountains, and other ornamental structures and facilities. • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section. 2012/2013 LLD 89-1 1 619 Page 2 of 18 „,WILLDAN Financial Services Incidental expenses associated with the improvements including, but not limited to: • The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; • The costs of printing, advertising, and the publishing, posting and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; • Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment. The 1972 Act defines "Maintain” or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: • Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Furthermore, the 1972 Act specifies that where the cost of improvements (other than maintenance and operations) is greater than can be conveniently raised from a single annual assessment, an assessment to be levied and collected in annual installments. In that event, the governing body may choose to do any of the following: • Provide for the accumulation of the moneys in an improvement fund until there are sufficient moneys to pay all or part of the cost of the improvements. 2012/2013 LLD 89-1 62 Page 3 of 18 WILLDAN Financial Services • Provide for a temporary advance to the improvement fund from any available and unencumbered funds of the local agency to pay all or part of the cost of the improvements and collect those advanced moneys from the annual installments collected through the assessments. • Borrow an amount necessary to finance the estimated cost of the proposed improvements. The amount borrowed, including amounts for bonds issued to finance the estimated cost of the proposed improvements. C. IMPROVEMENTS WITHIN THE DISTRICT The District improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: • Landscaping and Appurtenant Facilities include, but are not limited to, landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights -of -way, parkways, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. • Lighting and Appurtenant Facilities include, but are not limited to, poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights -of -way and easements within the boundaries of the District. 621 201212013 LLD 89-1 Page 4 of 18 WILLDAN Financial Services • Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. • Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference made a part of this report. A/ METHOD OF APPORTIONMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further 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 any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel. B. BENEFIT ANALYSIS Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, 1 622 2012/2013 LLD 89-1 Page 5 of 18 WILLDAN Financial Services agricultural and hillside conservation properties, vacant and remote non- residential and rural and estate residential properties. Special Benefits The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments, specifically, landscaping and lighting improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of well -maintained parks, landscaping and lighting improvements in close proximity to those properties. The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement. The special benefits associated with the parks and landscaping improvements are specifically: • Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties within the District providing a positive representation of the area. • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. • Environmental enhancement through improved erosion resistance, and dust and debris control. • Increased sense of pride in ownership of property within the District resulting from well -maintained improvements associated with the properties. • Reduced criminal activity and property -related crimes (especially vandalism) against properties in the District through well -maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods, specifically: 2012/2013 • Enhanced deterrence of crime — an aid to police protection. • Increased nighttime safety on roads and highways. • Improved visibility of pedestrians and motorists. » 623 LLD 89-1 Page 6 of 18 WILLDAN Financial Services • Improved ingress and egress to and from property. • Reduced vandalism, damage to improvements or property, and other criminal acts. • Improved traffic circulation and reduced nighttime accidents and personal property loss. • Increased promotion of business during nighttime hours in the case of commercial properties. The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. C. METHODOLOGY Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that distributes the net amount to be assessed among the assessable parcels in proportion to the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels - and the improvements and services provided therein - to apportion the costs based on estimated special benefit to each parcel. The cost to provide maintenance and service of the improvements within the District shall be equitably distributed among each assessable parcel based on the estimated special benefit received by each parcel. Equivalent Dwelling Units To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties. Each parcel within the District is assigned an Equivalent Dwelling Unit ("EDU") factor that reflects its land use, size and development, or development potential. Parcels that receive special benefit from the various District improvements are proportionately assessed for the cost of those improvements based on their calculated EDU. The EDU method assessment for. this District uses the Single Family Residential parcel as the basic unit of assessment. A Single Family Residential ("SFR") parcel equals one EDU. Every other land -use is assigned an EDU factor based on an assessment formula that equates the property's specific land -use and relative special benefits compared to the Single Family Residential parcel. The EDU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. The following 2012/2013 LLD 89-1 .4 624 Page 7 of 18 +WILLDAN ! Financial Services table provides a listing of land use types, the EDU factors applied to that land use and the multiplying factor used to calculate each parcel's individual EDU for each improvement provided in the District. During the formation of the District, a methodology was developed to calculate the EDUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EDUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EDU and parcels that are determined to receive lesser benefit than SFR parcels are assigned less than 1 EDU as reflected in the Assessment Methodology. Exempt Parcels 0:0 ' Single Family Residential Parcels' 1.0 per unit ' Non -Residential Parcels 5.0 per acre; 1.0 minimum Vacant ResideirtiarParcels 0.33 per unit Vacant Non -Residential Parcel 1.65 per acre for first 20 acres only Golf Course Parcels 0.50 per acre; 1.0 minimum griculturai Parcels .0.25 per acre; 1.0 minimum Hillside Conservative zone Parcel& 0.10 per acre Vacant & Remote Parcels 0.825, per acre for first 20 acres only Rural/Estate Residential 1.0 + 0.33 per acre in excess 1 acre Single -Family Residential The City's General Plan allows up to one acre of area for subdivided residential lots. The subdivided single family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential use are assessed one (1) EDU. Non -Residential The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre. Therefore, non-residential parcels will be assessed five (5) EDUs per acre with a minimum number per parcel of one (1) EDU. Vacant Residential Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33 EDU per parcel. " 625 2012/2013 LLD 89-1 Page 8 of 18 WILLDAN „,,,, Financial Services Vacant Non -Residential Parcels not considered single family residential parcels less than one acre, and having no structure will be assessed based on acreage. The typical development in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non -Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EDU per acre or any portion of an acre. The minimum number of EDUs per parcel is one (1) EDU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs. Golf Courses Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Agricultural Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Hillside Conservation Parcels located in areas zoned Hillside Conservation per the City's Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0.10 EDU per acre or any portion of an acre. Vacant and Remote Non -Residential Parcels (Annexation No. 9) Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non -Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant Non -Residential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non - Residential parcels are assessed a rate of 0.825 EDUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EDU per parcel. Rural/Estate Residential Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EDU for the first acre and 0.33 EDUs for each additional acre or portion of an acre. 2012/2013 LLD 89-1 6 2 6 Page 9 of 18 I' WILLDAN Financial Services Exempt Property Publicly owned property and utility rights -of -way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land. This Report does not propose an increase in the District assessment rates for Fiscal Year 2012/2013 over or above the maximum rate established. The proposed rate per EDU for Fiscal Year 2012/2013 is the same rate assessed for Fiscal Year 2011/2012. The base assessment rate to be approved for Fiscal Year 2012/2013 is $35.60. The maximum assessment rate per EDU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum amount of $35.60 per EDU. This equates to total projected 'assessment revenue of $961,361. The City proposes the remaining $1,985,759 be funded through a General Fund contribution of $1,732,759 and $253,000 of revenue from CSA 152. /V DISTRICT BUDGETS A. DESCRIPTION OF BUDGET ITEMS The 1972 Act requires that a special fund be established and maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. The following describes the services and costs that are funded through the District, shown in the District Budgets. District Costs Personnel — Reflects relevant City Staff salaries, wages and benefits, and also includes Worker's Comp insurance, Stand -By, and Overtime labor. Contract Services — Includes contracted labor, such as the Riverside County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service. Rental Services,— Reflects funds used for the purpose of uniform rental. Vehicle Operations — Includes the maintenance of fleet vehicles. Utilities — Includes the electric, telephone, and water services. 2012/2013 LLD 89-1 " C2P�ge 10 of 18 WILLDAN Financial Services Travel Training & Meetings — Reflects the funds used for the purposes of training and meetings. Information Technology — Includes computers, printers, and other related items and services. Operating Supplies — This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti. Small Tools/Equipment — Includes non -capital small tools and equipment. District Administration — The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments.. This item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District including any required notices, mailings or property owner protest ballot proceedings. B. 2012/2013 DISTRICT BUDGET For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2012/2013 is summarized on the next page in Table 1. 2012/2013 LLD 89-1 n 628 age 11 of 18 h WILLDAN ,_ Financial Services Table 1 Fiscal Year 2012/2013 Budget -.-r .,. - a7MIMINWE PH, Salaries -Permanent Full Time $204,401 $82,039 $122,362 Personnel Other Benefits & Deductions 92;045 37,435 54,610 Stand Sy Stand By Overtime - . .. Overtime Total Personnel 6' $119,474 $176,972 Contract Annual Lighting;& Landscape Report $15,000 $15,000 Services Civic Center Campus Lake Maintenance 4,000 4,000' Landscape Lighting Maintenance 147,500 121,500 20,000 ' Financial Services Admen. Fee 15,000 15,000 Citymde Maintenance Contract 967,335 50,S55' 378,480 . Undeveloped Parks PM10 Services Maintenance & Repair 15;000 15,000 CV W D Lease -Pioneer Dog Park - 1 : 1 Tree Trimming.;` 21,000 15,000 6,000 Janitorial Services 28,000 28,000 Security Service - C ration Yard 2,350 1,350 1000 Totat COntrL Services $12561$6 '" $762 706 $461AIII Rental Services Uniforms $1,320 $1320 $0' Totat Rental Services $1 320 $1320 $0: Park Equipment Facilities Charges $1,923 -$1,923:: Vehicle Fleet Maintenance: 6,638 6,638 Operations Facility 8 E u' ment De reciation W2 523 502,523 Total VdhiciO'Qperations $611084 8 638 $604 446 Utilities Electric . $295,000 . $149,000 $146,000 Phone 800 400 400 Water 322,000 200000 122000 Total utilities $817 $349 $208,400 TravelTraining 6r : `:. , ' 11,130 `. $530 '... $600 Meetings Total Travel Training61r6eeU!' s $ 1130 $630-.. 600'. Information Computers Printers and Services 10,355 $4 931 $5 424- Technology Total Information Technol $10 6 $4 931 $ 424 Operating Plant Replacement $5600o $50,000 $6600' Supplies Graffiti Removal 25000 10,000 15,000' Safety Gear 400 400 Field Materials 85 000 35,000 50 000 Total satin Supplies $166400$96 0 '$71000.. Small Toolsl Nond a itah $250 $25 0 r $0 Equipment Total Small Tools ui ment $260 $250 $0 Total Landscape 8: Lighting Budget . 42, 19 971 $1340 649 $1479 323 District Public Works Administration. - :. $32,093 $32 093 $0r. Administration Citywide Administration 95,056 38,329 '56 727 Total District Adminis#ration $127149 $70 22 S6 727 Total Landscape & Untifing Expenditures $21947120 $1 411,070 $1,636 950 Less CSA 152 Revenue $253,000 Less General Fund Contribution $1 732,759 Balance to Levy $961,361 Total EQU 27,008 Levy Per EDU $35,60 2012/2013 LLD 89-1 , Page 12 of 18 629 ,11, WILLDAN „; Financial Services The following information was obtained from the Riverside County Assessor's Secured Roll, Assessor's Parcel Maps, and the City's Planning Department. The land use categories were developed to classify the different land use types in the City. Table 2 (1) The difference in the "Balance to Levy" figure in the previous table and the land use classification proposed levy in this table is due to the Riverside County even penny requirement for each charged parcel. At the time of the Report there was a decrease in EDU assessed of 76.50 over the prior year estimates. Actual changes will be based on the final County Secured Roll for Fiscal Year 2012/2013. The difference is due to changes in County Land Use Classifications and development. 630 2012/2013 LLD 89-1 Page 13 of 18 WILLDAN Financial Services C. AREAS OF ADDITIONAL SPECIAL BENEFIT In conjunction with the review of the District budget, Willdan analyzed several North La Quinta subdivisions that receive special benefits from the District by having their perimeter and entrance landscaping maintained by the District. Table 3 shows certain areas within the City that require additional maintenance costing approximately $126,721 annually. These maintenance costs include turf, shrub, irrigation, as well as water, electric and plant replacement costs. The District's budget includes the following administration line items: $70,422 for administrative costs, $119,474 for Personnel costs, $15,000 for the Engineer's Report and $15,000 for financial services administration fee, totaling $219,896. Dividing $219,896 by the District's total EDU count of 27,008 yields an administration cost of $8.14 per EDU. In addition to the maintenance costs for the areas shown in Table 3. below, it is estimated that $13,561 is required for administration, which was derived by multiplying $8.14 times the number of lots (1,666) in those areas receiving additional benefits. This $8.14 per EDU figure is an estimate and it is not indicative of what the actual administration cost would be in these areas after a more detailed assessment formation engineering analysis is completed. The total maintenance and administration costs for the additional work required in these areas total approximately $140,282 as shown in Table 3 below. These costs are currently being financed by the the District. In order for the City to recover these funds through assessments placed on properties, certain proceedings would need to take place. This involves the City Council initiating proceedings through resolution to form a landscaping district under the 1972 Act, and ultimately sending out ballots to the affected property owners in conformance with Proposition 218. A landscaping district could be formed as an overlapping district, which would be in addition to the current assessment. A separate Engineer's Report detailing the analysis of special and general benefit would be required describing the improvements and properties involved. After approval of the Engineer's Report, the City Council would need to adopt a resolution stating its intention to form the landscaping district and set the time and place for a public hearing. The district would require that the ballots submitted in favor of the assessment outweigh those submitted in opposition to it, with ballots weighed according to the assessment amount. Table 3 details the maintenance and administration costs involved in the areas being discussed: 2012/2013 LLD 89-1 6 Age 14 of 18 E Lo 632 R 0640* W .4t 'q Aq w fl g c -.* 7 ax T how �r i0 OD J J 7, ,., i waC4 :.Irani a$mm ".; itga': a$.tlrrza)... 633 v.fi Financial APPENDIX A - DISTRICT ASSESSMENT DIAGRAM The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference. The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report. 2012/2013 LLD 89-1 Page 17 of 18 am WWI LLDAN . Financial Services APPENDIX B - 2012/2013 COLLECTION ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared. Non -assessable lots or parcels may include government owned land; public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed. A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report. Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll in Fiscal Year 2012/2013. If the parcels or APNs within the District and referenced in this Report, are re -numbered, re -apportioned or changed by the County Assessor's Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or APNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. 2012/2013 LLD 89-1 Page 18 of 18 635