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1995 01 17 CC'C �= D CF'M OF'rHt'�l� (.city council Jaen a CITY COUNCIL CHAMBER 78 495 Calle Tampico La Quinta, California 92253 Regular Meeting January 17, 1995 - 3:00 P.M. CALL TO ORDER a. Pledge of Allegiance b. Roll Call CONFIRMATION OF AGENDA APPROVAL OF MINUTES a. Approval of Minutes of January 3, 1995 ANNOUNCEMENTS PRESENTATIONS PUBLIC COMMENT Beginning Res. No. 95-03 Ord. No. 264 Thu is the time set aside for public comment on any matter not scheduled for a public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. �oo��i WRITTEN CORRESPONDENCE a. Letter from Desert Chapter Building Industry Association regarding CVAG's policies relative to Regional Arterial Program Funds. BUSINESS SESSION REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 94-543 WHICH ALLOWS A RESTAURANT IN THE C-P ZONE LOCATED NORTHWEST OF THE INTERSECTION OF WASHINGTON STREET AND CALLE TAMPICO. APPLICANT: LA QUI'4TA VILLAGE PROPERTIES. A) MINUTE ORDER ACTION. 2. CONSIDERATION OF SPECIAL ADVERTISING DEVICE 95-062 FOR THE APPROVAL OF TEMPORARY SUBDIVISION FLAGS FOR TRACT 23268 - ACACIA. APPLICANT: ACACIA CONSTRUCTION. A) MINUTE ORDER ACTION. CONSIDERATION OF A REQUEST FOR ANNEXATION OF APPROXIMATELY 117 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF JEFFERSON STREET AND FRED WARING DRIVE. APPLICANT: KURT JOHNSTON, AGENT FOR THE OWNER. A) MINUTE ORDER ACTION. 4. CONSIDERATION OF A REQUEST TO RELEASE $15,000 TO THE COLLEGE OF THE DESERT REGIONAL BUSINESS ASSISTANCE CENTER. A) MINUTE ORDER ACTION. 5. CONTINUED CONSIDERATION OF REQUEST BY AIRTOUCH CELLULAR TO LOCATE A MONOPOLE AT THE SPORTS COMPLEX. A) MINUTE ORDER ACTION. Page 2 Z00000 CONSENT CALENDAR Note: Consent Calendar Items are eonsukred to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 17, 1995. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE DEPUTY CITY CLERK TO ATTEND AT&T TELECOMMUNICATIONS TRAINING IN LOS ANGELES JANUARY 22-27, 1995. 3. APPROVAL OF REQUEST BY PARKS AND RECREATION COMMISSION TO ATTEND MARCH 2-5, 1995 CALIFORNIA PARKS AND RECREATION SOCIETY CONFERENCE IN SAN JOSE. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE SENIOR ENGINEER TO ATTEND THE GIS AND COMPUTER MAPPING ON DESKTOP SYSTEMS CLASS IN SAN DIEGO, JANUARY 26- 27, 1995. 5. REJECTION OF CLAIM FILED BY JAN WEBSTER, DATE OF LOSS, NOVEMBER 19, 1994. 6. APPROVAL OF TITLE IIIB CONTRACT WITH RIVERSIDE COUNTY OFFICE ON AGING. 7. APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT AND ACCEPTANCE OF RIGHTS - OF -WAY AND EASEMENTS DEDICATED FOR TRACT 28019-WILLIAMS DEVELOPMENT. 8. APPROVAL OF PARKS AND RECREATION COMMISSION WORK PLAN. STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS A. PLANNING COMMISSION MINUTES OF DECEMBER 13, 1994 B. PROJECT AREA COMMITTEE MINUTES OF DECEMBER 7, 1994 C. ART IN PUBLIC PLACES COMMITTEE MINUTES OF DECEMBER 5, 1994 D. PARKS & RECREATION COMMISSION MINUTES OF DECEMBER 12, 1994 E. CULTURAL AFFAIRS COMMISSION MINUTES OF NOVEMBER 21, 1994 F. INVESTMENT ADVISORY BOARD MINUTES OF SEPTEMBER 14, 1994 G. COACHELLA VALLEY RECREATION & PARK DISTRICT 1. Report of Kay Ladner, Member of the Board of the Coachella Valley Recreation and Park District H. CVAG COMMITTEE REPORTS I. SUNLINE REPORTS J. C.V. MOUNTAINS CONSERVANCY K. COACHELLA VALLEY MOSQUITO ABATEMENT DISTRICT L. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE M. ALL OTHER BOARDS/COMMISSIONS/JPA'S Page 000003 DEPARTMENT REPORTS A. CITY MANAGER B. CITY ATTORNEY 1. Charter City Update C. ADMINISTRATIVE SERVICES DIRECTOR - NONE D. BUILDING AND SAFETY DIRECTOR- NONE E. COMMUNITY DEVELOPMENT DIRECTOR - NONE F. FINANCE DIRECTOR - NONE G. PARKS & RECREATION DIRECTOR - NONE H. PUBLIC WORKS DIRECTOR 1. Fleet Maintenance Program I. SHERIFF'S STATION COMMANDER - NONE MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION OF COUNCIL'S RULES OF PROCEDURES. (BANGERTER) 2. DISCUSSION OF ADAMS STREET AND DUNE PALMS ROAD WHITEWATER CHANNEL CROSSINGS. (SNIFF) DISCUSSION OF LEAGUE OF CALIFORNIA CITIES PLANNING COMMISSIONER'S INSTITUTE IN MONTEREY IN MARCH. RECESS TO REDEVELOPMENT AGENCY MEETING RECESS UNTIL 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for a public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. PRESENTATIONS Page 0000n4 PUBLIC HEARINGS CONDITIONAL USE PERMIT - REQUEST FOR A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED PROJECT TO REMODEL AND ENLARGE AN EXISTING 1,581 SQUARE FOOT ONE-STORY COMMERCIAL BUILDING ON 0.18 ACRE AT 78-100 CALLE TAMPICO. APPLICANT: MR. AUGUSTIN MARTINEZ. A) RESOLUTION ACTION. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING NEGOTIATIONS FOR PROPOSED COMMERCIAL DEVELOPMENT INCLUDING PRICE, TERM OF PAYMENT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET - TIM EALEY, NEGOTIATOR FOR MIDLAND PROPERTIES. 2. CONFERENCE WITH LEGAL COUNSEL CONCERNING POTENTIAL INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SUBSECTION C OF SECTION 54956.9 - ONE CASE. ADJOURNMENT DECLARATION OF POSTING I, Saundra L. Juhola, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of January 17, 1995 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce on Friday, January 13, 1995. D D: January 13, 1995 AUNDRA L. JUHO A, City Clerk City of La Quinta, California PUBLIC NOTICE 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 777-7025, ?A -hours in advance of the meeting and accommodations will be made. Page 5 000005 CENTURY HOMES Century -Crowell Communities January 17, 1995 The Mayor and Members of the City Council City of La Quinta RE: City Flag Ordinance - The Community of Lake La Quinta Wilma -La Quinta L.P. and Vintage Homes are developers and builders respectively in the Lake La Quinta new community of 281 residential lots. The property is located between 47th and 48th streets set back one block east of Washington Street. A proper sales effort that would otherwise allow sales flags and signage on Washington Street is denied us as Washington is the "gateway" street to the city and certain controls need to be exercised to maintain this concept. We understand and support this. At the same time, the city has denied us a left turn access from Washington into the property due to traffic concerns and now is limiting this new community to only 8 sales flags for 3 builders due to the provisions of the flag ordinance. The developer of Lake La Quinta recorded the total holding as one tract a few years before the City's flag ordinance. I'm would be sure that, were the current ordinance in place when the developer was mapping the project, the map might have been recorded in a number of different tracts to avoid this conflict, among other reasons, and we would not be having to appear before you today. It seems as though everywhere we turn, new policies, restrictions etc. are being set up which, although well intentioned, end up by further frustrating our sales efforts. This at a time when rising interest rates are starting to make sales more difficult. We need all the help and understanding we can get. We don't dispute the flag ordinance per se especially as the vast majority of projects are smaller tract single builder developments so that 8 flags per tract in this context would not be a problem. Implicit in a new community however is that there is more than one development under construction and sales at one time. Eight flags for a new community of 3 builders, especially when there are visual and access recognition restrictions imposed by the City is just not workable and we ask the City Council to understand this. 1535 South "D" Street, Suite 200 • San Bemardino, CA 92408 (909) 381-6007 • FAX (909) 381-0041 CENTURY HOMES zCentury Crowell Communities 1'yft-* zoe-l® continued In the submission jointly made to the Planning Department, Wilma and Vintage proposed a total of 16 flags, 8 placed on either end of the community at the main access streets and at locations designed as much to bring sales traffic into the project as to direct sales to the individual tracts. Sales flags are not proposed for the Avante development as it is located near one of the main entrances and would automatically benefit from traffic entering the project. We ask that you give consideration to our request for 16 flags and at the locations as submitted to the Planning Department. Sincerely, I o Jim La Log a for Wilma -La Quinta L.P. Arthur Levine, Project Director for Vintage Homes a division of Century Homes 000007 1535 South "D" Street, Suite 200 • San Bernardino, CA 92408 (909) 381-6007 • FAX (909) 381-0041 Desert Chapter Building Industry Association of Southern California, Inc. January 5, 1995 John Pena Mayor CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Pena: WRITTEN CORRESPONDENCE: A 194 JAN 9 Pal 1 38 CITY OF LA QUINTA CITY MANACER'S OFFICE In the near future, the Coachella Valley Association of Governments (CVAG) will be re- evaluating its policies for advanced Regional Arterial Program Funds. Of particular concern to the Desert Chapter of the Building Industry Association (BIA) is a recommendation to include a provision within the required developer reimbursement mechanism(s), currently proposed as Road and Bridge Benefit Districts (RBBDs), that would in essence require the development community to pay interest twice on 25% of the funds used to expedite the Washington Street, Cook Street, and Monterev Avenue 1-10 Interchange projects. The BIA requests your support in preventing this unnecessary double billing. Prior to July 1, 1993, CVAG's adopted policies required a mandatory 50010 match be guaranteed by the selected Lead Agency (City and/or County) for each project funded by the Regional Arterial Program. At that time, if the 50% match was not available, regional arterial funds were not released. On July 1, 1993, CVAG transitioned its Regional Arterial Program from a mainly "pay-as- you-go" plan to a plan that aggressively utilized the Coachella Valley's proportionate share of the Measure A bonding capacity. In order -to accelerate improvements, CVAG amended its policies to allow Transportation Uniform Mitigation Fee (TUMF) collecting jurisdictions to be advanced up to 1001/c of the cost of eligible projects provided: 1) the jurisdiction has applied for and is eligible to receive State and Local Partnership Funds, made available by SB 300, for the project; and 2) the jurisdiction adopted a developer reimbursement mechanism, in addition to the TUMF, that "reasonably" assured 25% of the project costs would be collected from new development. Jurisdictions who have not implemented the TUMF were determined not eligible to receive advance funds. As you know, CVAG's Regional Arterial Program Fund is made up of four components: 1. 25010 1/2 cent sales tax (Measure A; 2. 25% Transportation Uniform Mitigation Fee (TUMF); 3. 25% Local Maintenance of Effort; and 4. 25% Developer Contributions. 77.564 Country Club Drive, Suite 400-B, Palm Desert, CA 92211 (619) 360-2476 Fax N(619) 772-3372 While the BIA continues to support the concept of the RBBDs to capture the future impacts of future development on the three proposed interchanges, we do not, and cannot allow the double payment of interest to go unchallenged. We believe the following justifies our position: First, CVAG is paying the Riverside County Transportation Commission (ROTC) for the Coachella Valley's proportionate share of the debt service, including interest, 50% with Measure A funds and 50% with TUMF funds. Therefore, the development community is already contributing its share of the costs associated with the bond proceeds that are being advanced to accelerate transportation improvements. Second, prior to using its Measure A bonding capacity, CVAG was saving TUMF and Measure A revenues for later use on the Monterey Avenue, Cook Street and Washington Street Interchanges. Those developer paid fees were then, and still are collecting interest which will be used to offset the costs of the advanced funds. Third, a portion of the advance funding is coming from TUM17 revenues collected to mitigate the regional impacts of prior developers. For obvious reasons, future developers should not be required to pay interest for prior impact fees collected from other developers. Since its inception, Desert Chapter has supported and participated as a partner in the Coachella Valley's Regional Arterial Program. When TUMF was first considered, we were convinced that only through this public/private partnership, would an increasingly bad traffic situation be overcome and a regional arterial system put in place. The industry has also remained flexible by supporting the proposed Road and Bridge Benefit Districts for the three interchanges. This flexibility and support did not include the recommended provision to double bill the development community for interest. Please vote no and/or encourage your CVAG Executive Committee Representative to vote no on any provision that would charge interest twice on funds being used to advance the badly needed re nayrarterial improvements. Since ely) -ED KMBE�( I'll Executive Di ctor CC: Tom Genovese, City Manager Onnnn9 T4'yoe 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 17, 1995 CONSENT CALENDAR: _ ITEM TITLE: Report of Planning Commission action for Plot Plan STUDY SESSION: _ 94-543, which allows a restaurant in the C-P-S located northwest PUBLIC HEARING: of the intersection of Washington Street and Calle Tampico, Applicant: La Quinta Village Partnership RECOMMENDATION: Accept the action taken by the Planning Commission. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: General The project site is one of the pad locations approved for Plot Plan 91-456 for The Koenig Companies. To date, Ralphs market, one pad building, and some of the shop buildings have been constructed. The specific site of the restaurant is the pad located immediately north of the retention basin which is north and west of the intersection of Calle Tampico and Washington Street. The applicant proposes a 3,500 square foot sit down restaurant with alcoholic beverage service and some future outdoor patio seating. Architecturally, the restaurant will be similar to the existing shopping center buildings and will utilize the same materials and colors. Immediately south of the building there will be an outdoor water feature which will function as an Art in Public Places piece. Attached is a copy of the staff report (Attachment 1) which provides a detailed description of the project and its features. Planning Commission Review The Planning Commission considered this request at its in of January 10, 1995. The Planning Commission felt the project was well designed, compatible with the shopping center and surrounding properties. The Planning Commission on a unanimous vote, with Commissioner Anderson absent, approved the plot plan, subject to the staff recommended conditions (Attachment 2). Although the applicant provided some information on signage, the Planning Commission felt a more detailed review of the signage was necessary. Therefore, they did modify two sign related sign conditions to require further Planning Commission review of the signage prior to fabrication of the signs. ccss.om 00001.0 FINDINGS AND ALTERNATIVES: Findings to accept the report of action: 1. A plot plan application has been approved by the Planning Commission. 2. The plot plan application complies with the applicable City Codes and requirements and provisions of Plot Plan 91-456. 3. The plot plan application is in compliance with the La Quinta General Plan. Alternatives available to the City Council are as follows: 1. Accept the report of the Planning Commission action approving the plot plan application; 2. Request a public hearing be held on the application in order to allow City Council review. Attachments: 1. Planning Commission staff report for January 10, 1995 2. Adopted Conditions of Approval 3. Plans and exhibits (large copies for City Council only) ccss.00i 000011 ATTACHMENT 1 STAFF REPORT PLANNING COMMMON NESTING DATE: JANUARY 10, 1995 CASE NO.: PLOT PLAN 94-543 APPLICANT: LA QUINTA VILLAGE LDIHTED (SESAME'S RESTAURANT) REQUEST: APPROVAL OF A PLOT PLAN TO ALLOW CONSTRUCTION AND OPERATION OF A FREE STANDING RESTAURANT IN THE LA QUINTA VILLAGE SHOPPING CENTER. LOCATION: NORTHWEST CORNER OF WASHINGTON STREET AND CALLS TAMPICO GENERAL PLAN LAND USE DESIGNATION: NC (NEIGHBORHOOD CONIMCIAL) ZONING: C-P (GENERAL COMMERCIAL) ENVIRONMENTAL A NEGATIVE DECLARATION OF ENVIRONMENTAL D EPACT WAS APPROVED FOR THE LA QUINTA VILLAGE SHOPPING CENTER (PLOT PLAN 91454 DURING THE ORIGINAL APPROVAL IN 1991. THIS NEGATIVE DECLARATION ASSESSED THE PROPOSED CONSTRUCTION. THEREFORE, NO ADDITIONAL ENVIRONMENTAL CONSIDERATION IS DEEMED NECESSARY. ZONING! LAND USE: NORTH: C-PIPART OF SHOPPING CENTER SOUTH: R-"OOILA QUINTA CIVIC CENTER EAST: SRIVACANT AND SINGLE FAMILY RESIDENCES WEST: C-PIPART OF SHOPPING CENTER Property Description The subject property Is a pad within the La Quints Village Shopping Center. The property is presently a rough graded site with a retention basin which Is under construction to the south, and parldng lot Improvements to the north and west. resr= 1 000012 OPT Deseriodon of Protect The applicant proposes to construct a sit-down restaurant with alcoholic beverage service of approximately 3,500 square feet with some outdoor patio seating. The original plot plan allowed a total of 5,600 square feet of building area. Site Desiffn The building is somewhat rectangular In shape with a round uncovered architectural feature supported by columns at the southwest comer. A trash enclosure will be located at the northeast comer of the site In the parking lot area with the main entrance into the restaurant Is from the north. The building Is setback 30-feet from the Washington Street property line. A unique architectural feature to the site design is an outdoor fountain and spillway which would be located to the south of the building between the outdoor eating area and the retention basin. Architectural Desi¢n The structure has been designed in a manner which is architecturally similar to the main shopping center area. The building utilizes a flat roof and partial We roof which matches that used In the main shopping center. The walls will be exterior stucco to match the shopping center. Along the north, south, and east sides of the building the We roof will provided a outdoor covered area over the glass windows. A smaller overhang will be provided over the west windows. As Indicated, there Is a round uncovered rotunda feature at the southwest comer of the structure. This area will be utilized for outdoor seating. The outdoor seating area will consist of approximately 1,600 feet and be adjacent to the outdoor fountain. Over the building entry way, the applicant proposes an awning. The maximum height of the building at the flat roof is 24-feet. Pates As previously indicated the parking lot improvements surrounding this building site have been Installed. Parking was provided for a total of 5,600 square feet which exceeds that being proposed by the applicant. Therefore, parking requirements are complied with. Landscanin¢ The applicant has submitted a preliminary landscaping plan for the area surrounding his building. Mature date palm trees are proposed adjacent to the outdoor fountain area with the other low-water usage plants and trees proposed surrounding the property. Siffn ¢e The applicant Intends to call his restaurant "Sesames" and has shown proposed signage on the north elevation and east elevation facing Washington Street. Both signs would be located on a PCST2U 2 000013 00,410 large stucco wall portion of the building above the building archways. The algnage is proposed to consist of Interior At signs on two Bees. The upper line would say "Sesame's" with letters two feet In height by 16-feet long In a slight radius. The second line would say "Restaurant" and be one foot high by 16-foot long. The total square footage of the signage is 48 square feet. A smaller sign saying "Sesame's" is proposed on the awning over the entrance. This sign is proposed to be 12-inches in height and approximately 10-feet in length and be curved to match the archway. This sign Is provided to show where the entry to the restaurant Is located. ANALYSM The project has been designed to be architecturally compatible with the main shopping center. The same materials and colors are utilized and many of the same architectural features are used. Therefore, the building will fit well with the existing shopping center. Staff feels that there are grounds for approval of this plot plan as follows: 1. The project has been designed for the protection of the public health, safety, and welfare. 2. The project conforms and will be compatible with the existing shopping center. 3. The project conforms with the logical development of the land and surrounding area. 4. The project compiles with all applicable requirements of Plot Plan 91456 and all zoning and General Plan requirements. RECONNIMMATIOM By Minute Motion 95-_ approve Plot Plan 94.543, subject to the attached conditions. Attachments: 1. Location map 2. Comments from various City Departments and outside agencies 3. Plans and exhibits Pen= 3 000014 008 r CASE MAP CASE Nm PLOT PLAN 94-543 SESAME'S ATUCHMENT 1 -PC I . RT SCALE. aaoa; NTS '007 ATTACHMENT 2 -PC GEQr" A CHAMBER Of COMMERCE OF THE DESERT DEC 2 0 5% December 13, 1994 PLEA, '1^. • ':' TO: City of La Quinta Community Development Department Stan Sawa, Principal Planner FROM: La Quinta Chamber of Commerce Planning and Review Committee �^t� Dan Featheringill, President V RE: Plot Plan 94-543; La Quinta Village Limited Partnership The La Quinta Chamber of Commerce Executive Committee met December 12, 1994, as the Planning and Review Committee. At that time they reviewed proposed project plot plan 94-543; La Quinta Village Limited Partnership. The project is a 3,500 square foot freestanding restaurant in La Quinta Village Shopping Center (northwest corner of Washington and Caile Tampico). They have no objections at this time. Furthermore, they would recommend that the city approve this project. 000017 M* POST OFFICE BOX 255 9 51-351 AVENIDA BERMUDAS 9 LA QUINTA, CALIFORNIA 92253 • (619) 564-3199 FAX (619) 564-3111 South Coast AIR QUALITY MANAGEMENT DISTRICT 21865 E. Copley Drive, Diamond Bar, CA 91765-4182 (909) 396.2000 AIR QUALITY PERMIT CHECKLIST for non-residential buildings only Location of Property: Zip Code Company Name: Contact Person: Title: Telephone Number: Fax Number: Type of Industry/Business: Any person applying for a non-residential building permit must complete this checklist. If you have any questions about completing this checklist, please call 1 800 388-2121 for assistance. YES NO 1. Will the building house a restaurant (with a charbroiler)? 2. Will any internal combustion engines with eater than 50 Horse Power operate at the facility [ ] [ ] (excludes motor vehicles) 3. Will operations at the facility involve the mixing, blending, or processing of solvents, adhesives, paints or coatings? 4. Will any dust or smoke be generated at the facility? [ ] [ ] 5. Will refining of any liquids or solids be done at the facility? 6. Will any plating or coating of materials be done at the facility? 7. Will any combustion equipment rated greater than 2,000 000 Btu/hr be operated at the facility? [ ] 8. Will any acids, solvents, or motor fuel be handled or stored [ ] at the facility? 9. Will any organic liquids or ases be reacted or produced? [ ] ( ] 10. Will any ovens be used to my or cure products at the facility? 11. Will any CFC recycling machines operate at the facility? Person Preparing this Form : Name: Signature: (Print Clearly) If you have marked "No" in$ll the boxes, an air quality permit is= needed at this time. This checklist is your written release. If you marked "Yes" in any of the boxes, you must contact the South Coast Air Quality Management District (AQMD). Please read the requirements on the back of the checklist. 1800 388-2121 (FAX 1909 396-3335) Q o S invited 9/36/94 000018 I* [STAIUSNED IN HIE AS A ►URIC AOENGY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX lose • COACHELLA, CALIFORNIA 9il34 • TELEPHONE 019) 3WMI DIRECTORS OFFICERS TEIUS ND R. R S, PRESIDMONDSEM THOMAS E. LEW, GENERAL MANAGER -GRIEF ENGINEER JOHRAYNW R. RUYMONDS. VICE PRESIDENT EERNARDINE SUTTON, SECRETARY DOR W. YTHY M. DE L N OWEN MCCOOK ASSISTANT GENERAL MANAGER THEOORJFIH December 16, 1994 REDWINE AND SHERRILL. ATTORNEYS THEOOOIIE �, FISH Planning Commission City of La Quints. Post Office Box 1504 La Quinta, California 92253 Gentlemen: File: 0163.1 DEC 2 3 1994 r L Subject: Plot Plan 94-543, Portion of the Northwest Quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Meridian This area is shown to be subject to shallow flooding and is designated Zone A0, depth 1 foot on Federal Flood Insurance rate maps which are in effect at this time. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. If you have any questions please call Dan Farris, principal stormwater engineer, extension 264. Yours very truly Tom Levy General Manager- RR:sv/e19/floodl cc: Don Park Riverside County Department of Public Health 79-733 Country Club Drive, Suite D Bermuda Dunes, California 92201 000019 TRUE CONSERVATION 0 USE WATER WISELY . L ew%. UNTY RIVERSIDE COUNTY it RSi1fEv:.,, ; FIRE DEPARTMENT L M. HARRIS 210 WEST SAN JACINfO AVENUE a PERRIS. CALWORNIA 92570 • (909) 657.3183 i FIRE CHIEF December 9, 1994 To: City of La Quints fD 7 1 Planning Division i ee D Attn: DEC 1 2 I B4 Re: Plot Plan 94-543 p'tr'� L'hTq With respect to the condition of ap proval regarding the above referenced Plot Plan, the Fire Department requires the following fire protection measures be provided in accordance with La Quinta Municipal Code and/or Riverside County Fire Department protection standards: 1. Provide or show there exists a water system capable of delivering 1500 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 2. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2 1/2"), located not less than 25' nor more than 165' from any portion of the building(s) as measured along approved vehicular travelways. 3. Install panic hardware exit signs as per Chapter 33 of the Uniform Building Code. 4. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 5. Install a Hood Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check/inspection fee, to the Fire Department for review. 6. Install Knox Lock Boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for the ordering of the Key Lock Boxes. This form must be authorized and signed by this office for the correctly coded system to be purchased. -1- 000020 Oil FIRE PREVENTION DIVISION ❑ RIVERSIDE OFFICE PLANNING SECTION (j INDIO OFFICE 909) 175 Street, Riverside, M CA -7451 79-733 Country Club Drive, Suite F, Indio, CA 922al (909) 273-1777 FAX (909) 369-7�31 (619) 963-9996 0 FAX 1619t NAA.7n» To: City of La Quints 12/9/94 Re: PP 94-543 Page 2 Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning & Engineering Staff at (619) 863-8886. Sincerely, RAY REGIS Chief Fire Department Planner By low. /ram Tom Hutchison Hutchison Fire Safety Specialist JP/th 000021 MWA IMPRI I IRRIG110N D1S1 ICI COACHELLA VALLEY POWER DIVISION 61.600 AVENUE 58 v P.O.BOX 1080 •LA OUINTA, CALIFORNIA 92253-1090 TELEPHONE (619) 398-5811 • FAX (619) 398.5848 IIDPD-DDC Mr. Stan Sawa, Principal Planner Community Development Department City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Dear Mr. Sawa: Re: Plot Plan-94-543 December 13, 1994 Restaurant in La Quinta Village Shopping Center (Ralph's) -� DEC 16 IM P. . Enclosed please find the Pad "B" Preliminary Plans & Elevation drawings that were provided to Imperial Irrigation District (District). After review of these plans, it was concluded this project will impact the electric service to the area. Previous discussions with District personnel regarding this project have determined that an 800-amp,120/208-volt panel will be placed on the western wall of the restaurant. If this information is incorrect, please let us know immediately. The cumulative impact of projects of this size will be to increase the electrical demand on the District's existing facilities at peak loading periods, and will result in the need for additional generation, transmission, substation, and distribution facilities. This will directly impact future power rates in the District's service area, and may result in higher electric rates in future years. A Developer's Infomiation Letter is enclosed which specifies the District's requirements. Among those requirements are District regulations which state the underground conduit and vault system (including any required streetlighting system) will be installed at the expense of the Owner/Developer/Contractor. These underground facilities will include padmount transformers (averaging three feet in width, length, and height) and padmount switches (approximately six feet in width and length and four feet in height). An area approximately ten feet in radius around these facilities must be keot clear of shrubs and similar landscaoe_veeetation to insure the safetv of District personnel during maintenance and operation of the equipment. These padmount transformers and switches will be located within a ten -foot easement as described below. The District must have access at all times to any District facility for maintenance and emergency 000092 situations. If these are to be gated communities, provisions must be made for access. '013 Mr. Stan Sawa - 2 - December 13,1994 Easements, ten feet in width and adjacent to all streets, will be required for the installation of underground power facilities. The District requires that the easement indicated in the Developer's Information Letter be shown on the final tract map title sheets. Easement originals must be signed by a representative of the District prior to recording. If you need additional information concerning this matter, please contact me at (619) 398-5818 or John Salas at 398-5834. Sincerely yours, K-44 ' THOMAS F. LYONS, JR., P. E. Engineer, Sr. Endomm TFLiz 000023 014 IMPIRI [ RRIGAII N MIMI COACHELLA VALLEY POWER DIVISION 81.800 AVENUE 58 • P.O.BOX 1080 •LA OUINTA. CALIFORNIA 92253.1080 TELEPHONE (619) 398.5811 • FAX (919) 30W18---- - - DEVELOPER'S INFORMATION LETTERI (Effective September 15, 1994) `DEC 16 iu- ``2 As an Owner, Developer or Contractor involved in todays new residential and/or commercial developments, you are well aware of how timing can make the difference between the success or failure of any project. The importance of establishing and adhering to realistic construction schedules is equally as important to the success of that project, as is project funding. With current and projected demands for residential and commercial units within the service area of the Imperial Irrigation District (District), Developers establish a comprehensive development plan for the successful marketing of their project. The District, likewise, in order to provide electrical service in a timely manner to various projects, must also set schedules to keep pace with the demands for services. In that regard, the following information is provided as a guide to assist the Owner, Developer or Contractor in the planning and scheduling of histher project(s). All of the general and specific requirements set forth in the 'Project Service Schedule' must be followed in the sequence listed, therein. When underground facilities are to be Included, the District WE provide a complete set of underground duct, vault, transformer pad and riser pole system Installation drawings and associated specifications for each project or project phase. !< Is the responsibility of the Owner(s), Developer(s) or Contractor to ,provide and install the underground conduit and vault system complete, at the Owners, Developers or Contractors expense, to and including any street fighting systems required by and approved by the City or County agency having jurisdiction in the project area. Ughting systems must be approved in advance of installation by both the County and the District wilhin a County Service Area (CSA), and shall be designed by and included with the District's underground power system drawings. The District will provide an Underground Power Inspector during the actual installation of conduit and vault systems. Any request for inspections on a project must be scheduled with the District 48 hours prior to actual need. Failure on the part of the Owner(s), Developer(s) or Contractor, to schedule and/or obtain an inspection and approval for any portion of the fighting or underground power systems, may result in the total rejection of the newly installed systems. 000024 015 Developers Letter -2- September 15, 1994 It is the responsibility of the Owner(s), Developer(s) or Contractor to supply and maintain all necessary safeguards and to insure a safe working environment during and after the construction and/or installation of the underground power system. It is the District's policy to occupy and energize only those portions of the system for which a written service request has been made and all line extension'charges and connect fees have been paid. Only those portions of the system which are actually occupied and energized by the District will be released from the Owner's or Applicant's responsibility. The Owner(s) or Developer(s) shall continue to be responsible for the maintenance, repairs, safety, corrections, and the liability for the balance of the unoccupied and unenergized portions of the power system, until such time that the District takes possession. Any portion of an existing underground system installed in advance of service needs by the Owner(s) or Developer(s), but not occupied and energized by the District, shall require a full and complete reinspection. The District will not establish construction and/or cable installation schedules in advance of this requirement. Upon completion of the duct and vault system and acceptance of the installation as meeting the District's standards for installation conformance only, the Owner(s) or Applicant will transfer an unencumbered ownership of all such facilities, except conduits, vaults and enclosures that are on, within or a part of a building or structure, or that are not occupied and energized by the District. During the initial review of any project, the District may determine that special service conditions exist due to one or more of the following conditions: 1. Determined by the District that existing distribution and/or transmission facilities do not have the capacity to serve said project. 2. _ Special or additional right-of-ways or easements may be required to serve said project. 3. Special voltage and/or load demands could be imposed on existing facilities by the project. In which case the Owner(s), Developer(s) or Applicant would be required to: 1. Provide a two -acre substation site at a location determined by the District. 2. Provide any additional right-of-ways or easements that the District determines will be necessary -to provide electrical service to said project. D0002'5 016 Developers Letter -3- September 1s, 1994 These guidelines, as provided by the District, herein, are not a guarantee expressed or implied that electrical service will be provided to a particular project or phase of said project, nor that electrical system designs or service will be provided within the time frame so stated or implied, herein. To eliminate any misunderstandings concerning the District's assumption of liability for personal Injury or property damage prior to or following the completion of the underground duct and vault system by the Owner(s), Developer(s) or Contractor, please note the following: The Owner and/or Developer will be required to acknowledge, In writing, that the District assumes no responsibility for safety, maintenance, repair or corrections for any on -site or off -site electrical distribution system equipment or facilities until the system and facilities are occupied and energized by the District. The Owner(s), or Developer(s) will be required to sign and have notarized an Indemnification Statement prior to obtaining electrical power service for the development project. The person or persons executing the said statement are legally authorized by the Owner(s) and/or Developer(s) to enter Into the Agreement and that same is binding on all parties having ownership of, or contractual interest in the land and/or development project. Please refer to EXHIBIT "A", sheet 8 of 8 of this informational letter for the standard recording form format required by the State of California for recordation in both Imperial and Riverside counties. The District's Indemnification Statement has been Incorporated on this form for your convenience as well as notes relating to the required legal description of the site or project. Note that the property and/or the development's legal description may require more space than is provided on the form due to text size requirements per government code. Please refer to the legal description of the property or project site as EXHIBIT "A" and any associated maps or drawings as EXHIBIT "B." The following is a sample of a legal description that will fit into this format. THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 19, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DELINEATED IN EXHIBIT "B," ATTACHED HERETO AND MADE A PART HEREOF. 00026 01 Developer's Letter -4- September 15, 1994 Please note that the District requires that the Owner(s), Developer(s) or Contractor for a development project within the District's service area are required to provide the following items to the Engineering and Distribution Department having jurisdiction in the project service area: 2. 3. 4. 5. 6. 7. Be advised that Items 3 through 8 and Item 10, are to be provided in AutoCAD Format up to and including Rev. 12, and submitted to the District on a standard 5-1/4' mini -floppy disk (double sided/high density/double track) or a 3-1/20 micro - floppy disk (double sided/high density/double track). State Plane Coordinates may be obtained for Imperial County from the County of Imperial or from the Imperial Division of the Imperial Irrigation District — Power Department, (Distribution Units). Please note that this service is not available in the Coachella Valley Power Division of the Imperial Irrigation District. If this CAD media is not available or cannot be provided by the Developer or Applicant, then hard copy maps/plans and drawings will be accepted by the District for design study but under the following conditions: A. Plans and other drawings required by III) for Commercial and Housing Developments not submitted as AutoCAD drawings may delay the District's project development drawings to the Applicant by 90 days or more. B. AutoCAD drawings that cannot be utilized due to lack of same scale for all components, or lack of detail required for designing the requested power system, or the lack of state plane coordinates for all details tied down to at least one commonly known benchmark, or lack of correct dimensions on landbase details, or extensive use of single layers that have all pertinent text, as well as multiple drawings on one layer. One copy of approved Street Lighting plan similar to conditions in Item 1 above. NglQ: In the District's Riverside County service area, the Developer will submit lighting proposals, first to the County of Riverside and then to Imperial Irrigation District, Power Department for approvals. Water, sewer and drainage plans. Street Improvement plans. Precise grading and landscaping plans. Plot plans with buildings shown. 0,00027 Parcel and overall project map with phasing. Developer's Letter -5- September 15, 1994 8. Graphic scales on all Auto -Cad drawings. 9. One hard copy of total connected electrical loads for each building style or floor plan. 10. All parcel map property comers or tract map boundary comers shall be tied to section or 1/4 section comers. 11. The following easement requirements shall be recorded on the title sheets of tract and/or applicable parcel maps within City limits. 10 l i WE, HEREBY, OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT, AN EASEMENT OVER ALL PRIVATE STREETS SHOWN ON THIS MAP AND AN ADDITIONAL TEN (10) FEET IN WIDTH ON BOTH SIDES OF AND ADJACENT TO ALL PRIVATE STREETS AND/OR PUBLIC STREETS SHOWN ON THIS MAP FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, REPAIR, REPLACEMENT; AND REMOVAL OF ELECTRICAL LINES, WIRES, CABLES, DUCTS, SUPPORTS, FIXTURES, FACILITIES AND APPURTENANCES, WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE, OPERATION, AND EMERGENCY VEHICLES. CERTIFICATE OF ACCEPTANCE GOV. CODE SEC. 27291 I, HEREBY, CERTIFY THAT UNDER THE AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS OF THE IMPERIAL IRRIGATION DISTRICT, PER RESOLUTION NO. 15-90, DATED MARCH 22, 1990, THAT I ACCEPT ON BEHALF OF SAID DISTRICT, ITS SUCCESSORS OR ASSIGNS, THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACILITIES AS OFFERED, HEREIN. DATED: gY; SUPERINTENDENT, GENERAL COACHELLA VALLEY POWER DIVISION (( For Riverside County areas)) OR 000028 SUPERINTENDENT, GENERAL III) POWER CONSUMERS SERVICES (( For Imperial County areas)) 019 Developer's Letter -6- September 15, 1994 If the map has been approved or recorded in advance of this requirement, then the Owner(s) and/or Developer(s) shall advise the District of same and other easement arrangements shall be made with the Owner(s) or Developer(s) to obtain said easements. Any easement requirements over and above that stated, herein, will be requested by separate notice during the project scoping study or as soon as the need is apparent. NO FINAL PRINTS FOR OVERHEAD AND/OR UNDERGROUND POWER FACILITIES WILL BE ISSUED TO THE DISTRICT'S CONSTRUCTION FORCES, UNTIL SUCH TIME THAT THE DISTRICT'S ENGINEERING DEPARTMENT HAS RECEIVED FIVE -FULL SIZE COPIES OF THE RECORDED TRACT AND/OR PARCEL MAP WITH ITS ASSOCIATED TITLE SHEET(S) WHEN APPLICABLE. PROJECT SERVICE SCHEDULE DATE COMPLETED 1. Application for electrical service(s) to proposed project (Imperial Irrigation District Business Office). 2. Requirements of Developers Information Letter completed. 3. Conduit drawings by imperial Irrigation District completed and mailed to Developer or Contractor (60 days typical). 4. Cable Charges prepared and mailed to Developer or Contractor when available. 5. Cable Charges paid. NOTE: Further scheduling will not occur until Item 5 is completed. 6. Cable drawings prepared and material ordered (45 days typical). 7. Underground conduit system installation completed and approved by Imperial Irrigation District Inspector. 8. Imperial Irrigation District work order released to Construction Department for scheduling (45 days typical). 9. Start construction as per scheduled date. 10. Construction completed. d 020 Developer's Letter •7- September 15, 1994 NOTE: Any changes made by the Applicant to the project that will require the District to make modifications or changes to the original design of the electrical facilities for the project will cause the project schedule to revert back to Item 2. PLEASE FORWARD ALL MAPS, AUTOCAD MEDIA AND CORRESPONDENCE TO: COACHELLA VALLEY AREA IMPERIAL IRRIGATION DISTRICT Date Issued: 81-600 Avenue 58 P.O. Box 1080 La Quanta, Califomla 92253-1080 Issued By: Telephone: (619) 398-5854 Section or Unit: Fax Number: (619) 391-5999 Received By: Owner, Developer and/or Agent IMPERIAL VALLEY AREA IMPERIAL IRRIGATION DISTRICT Date Issued: 333 East Barionl P.O. Box 937 Imperial, California 92251-0937 Issued By: Telephone: (619) 339-9182 Fax Number..(619) 339-9140 Section or Unit: Received By: Owner, Developer and/or Agent 000030 0401 Developers Letter -8- September 15, 1994 EXHIBIT "A" ........................................................... RECORDING REQUESTED BY: i IMPERIAL IRRIGATION DISTRIC No Recording Fees Required Per M Government Code: Section 27383 V2": AND WHEN RECORDED MAIL TO: REAL ESTATE SECTION IMPERL4L IRRIGATION DISTRICT P.O. BOX 937 IMPERIAL, CALIFORNIA 92251 1P2" TOP OF FORM 2-3/4 INCHES ill" FROM EDGE OF FORM ON ALL SIDES OF THE FORM 5 INCHES SPACE ABOVE THIS LINE FOR RECORDER'S PROJECT LEGAL DESCRIPTION INCLUDING TRACT No., PARCEL No., OR RECORD OF SURVEY No. INDEMNIFICATION STATEMENT `IT IS ACKNOWLEDGED AND UNDERSTOOD BY THE PARTIES HERETO, THAT THE OWNER(S) AND/OR DEVELOPER(S) OF THE HEREIN ABOVE DESCRIBED PROPERTY OR DEVELOPMENT PROJECT. SHALL BE FULLY RESPONSIBLE FOR THE CONDITION, SAFETY, MAINTENANCE AND REPAIRS, AS WELL AS REQUIRED CORRECTIONS, AS TO ALL UNOCCUPIED AND UNENERGIZED COMPONENTS OF THE PERMANENT OR TEMPORARY ELECTRICAL SERVICE DISTRIBUTION FACILITIES, BOTH ON AND OFF THE CONSTRUCTION OR PROJECT SITE, WHERE SUCH SYSTEMS AND FACILITIES ARE REQUIRED TO BE CONSTRUCTED OR INSTALLED BY THE OWNER(S) OR DEVELOPER(S). THIS RESPONSIBILITY WILL CONTINUE UNTIL SUCH TIME THAT THE SYSTEMS AND FACILITIES HAVE BEEN ENERGIZED BY THE DISTRICT. THE OWNER(S) OR DEVELOPER(S)INDEMNIFIES THE DISTRICT AND HOLDS THE DISTRICT HARMLESS FROM ALL DAMAGE CLAIMS, INCLUDING, BUT NOT LIMITED TO, -CLAIMS FOR BODILY INJURY OR PROPERTY DAMAGE RELATING TO OR ARISING AS A RESULT OF THE INSTALLATION OF SAID FACILITIES, UNTIL THEY HAVE BEEN ENERGIZED BY THE DISTRICT. THE INDEMNIFICATION INCLUDES THE DISTRICT'S COSTS OF DEFENDING ANY APPLICABLE CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES.' IN WITNESS WEREOF, said Grantor_ ha _ hereunto affixed signature _ this day of ,1 g GRANTOR • GRANTORS 000031 ( Example 1) (Exam le 2 H.K.Porter Company P.........)..................... A Limited Partnership ............................................................. .. By: R04Vft Principle Partner and President Owner n 7 ATTACHMENT 2 CONDITIONS OF APPROVAL - APPROVED PLOT PLAN 94.543 - LA QDINTA VILLAGE LIMITED PARTNERSHIP JANUARY 10, 1995 CONMUNITY DEVELOPNE NT DEPARThur 1. The development of this site shall be In conformance with the exhibits on file in the Community Development Department for Plot Plan 94-543, unless otherwise amended by the following conditions. 2. The approved plot plan shall be used within one year of the Planning Commission approval; unless it shall become null and void and of no affect whatsoever. "Be used" means the beginning of substantial construction which Is allowed by this approval, not including grading which is begun within one year and thereafter diligently pursued to completion. A time extension as allowed by the Municipal Code may be requested 30- days prior to expiration. 3. AD applicable conditions of Plot Plan 914156 shall be compiled with as required. 4. An exterior lighting plan for the building and outdoor area shall be approved by the Community Development Department prior to issuance of a building permit. The building lights shall match those used within the shopping center. Lighting fixtures shall be shielded to eliminate glare onto a4jacent streets and land uses. 5. All conditions of the Coachella Valley Water District as noted in their letter dated December 16, 1994, on file in the Community Development Department shall be met. 6. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee Program In affect at the time of the issuance of a building permit. 7. Construction shall comply with all local and State building codes in effect at the time the building permit is issued. & Prior to the fabrication and/or installation of the building signage, final plans based on the Planting Commission approval including colors and materials shall be reviewed and approved by the Community Development Department. 9. There shall be no exterior exposed roof access ladder provided. The roof access shall be provided from within the structure. 10. Prior to issuance of a fine grading or building permit for construction contemplated by this approval, the applicant shall obtain permits and/or clearances, if necessary, from the following public agencies: 000032 CONAPRVL145 Condltlens of Approval Plot Plan "543 January 1% 1995 * Fire Marshal * Public Works Department * Community Development Department * Riverside County Environmental Health Department * Desert Sands Unified School District * Coachella Valley Water District * Imperial Irrigation District The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of Improvement plans, the applicant shall furnish proof of said approvals prior to obtaining the City's approvals and signatures on the final plans. Evidence of the permits or clearances from the above agencies shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. 11. Final building, landscaping, and irrigation plans shall be reviewed and approved by the Community Development Department prior to issuance of a building permit. 12. All new trees approved by this approval shall be a minimum of 36•inch box size with all palm trees to be a minimum of 8-feet in height. 13. Final landscaping and irrigation plans shall be reviewed and approved by the Agricultural Commissioner and Coachella Valley Water District prior to issuance of a building permit.. 14. Any required utility boxes, pads, meters, etc., shall be shown on the final landscaping plans to ensure that they are properly treated and screened. Compliance with the utility company safety distance shall also have to be compiled with. 15. Should any of the landscaping be provided in the perimeter street right-of-way, the Engineering Department approval shall also be required prior to issuance of a building permit. 16. The outdoor fountain plans shall be submitted to the Community Development Department for review and approval prior to issuance of a building permit. 17. Prior to issuance of a building permit, the applicantldeveloper shall meet with the Community Development Department to determine what trash materials can be recycled. Upon that determination, recycling areas sufficient In capacity, number, and distribution, to serve the restaurant shall be provided. Trash enclosures shall comply with the requirements of the City and Waste Management of the Desert (i.e., solid metal doors, mounted on metal poles and embedded in concrete, &inch interior curb provided within the enclosure, and a concrete floor and pad). 000033 CONAPHYL145 2 Conditions of Approval Plot Plan 94-M January 10, 1995 18 That all exterior colors and materials shall match those used within the existing shopping center. 19. Detailed signage plans and specifications shall be submitted for review and approval by the Planning Commission. Sign approval shall occur prior to fabrication of the signage but is net necessary for issuance of a building permit. 20. Outdoor seating shall be confined to the area as shown on the approved preliminary landscaping plans on file in the Community Development Department. 21. Final construction plans shall show all roof mounted air conditioning and mechanical equipment to ensure that it is screened from view as required by Code. 22. Prior to issuance of a building permit, the applicant shall fill out an application for an Air Quality Checklist as required by the South Coast Air Quality Management District. (The application checklist is available In the Community Development Department.) 23. Provide or show there exists a water system capable of delivering 1500 gpm for a two- hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 24. The required fire flow shall be available from a Super hydrants) (6° % 4" % 2%11)1 located not less than 25-feet nor more than 165-feet from any portion of the building(s) as measures along approved vehicular travelways. 25. Install panic hardware exit signs as per Chapter 33 of the Uniform Building Code. 26. Install portable fire extinguishers per NFPA, Pamphlet #1O, but not less than 2AlOBC in rating. Contact a certified extinguisher company for proper placement of the equipment. 27. Install a Hood Duct automatic fire extinguisher system. The system plans must be submitted, along with a plan checklinspection fee, to the Fire Department for review. 28. Install Knox Lock Boxes, Models 4400, 3200, or 1300, mounted per recommended standard of the Knox company. Plans must be submitted to the Fire Department for approval of mounting locatioNposition and operating standards. Special forms are available from this office for the ordering of the Key Lock Boxes. This form must be authorized and signed by this office for the correctly coded system to be purchased. 29. A plan check fee must be paid to the Fire Department at the time the building plans are submitted. 000034 CONAPRVL145 3 Conditions of Approval Plat Plan 94-M January 10, 1995 IMPROVEMENT PLANS 30. improvement plans shall be submitted on 24" z 36" media In the categories of "Grading," "Streets & Drainage," and "Landscaping." All plans shall have signature blocks for the City Engineer and are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, parking lots, and water and sewer plans. Combined plans Including water and sewer improvements shall have an additional signature block for the Coachella Valley Water District (CVWD} The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. The City may maintain digitized standard plans for elements of construction. For a fee established by City resolution, the developer may acquire the standard plan computer flies or standard plan sheets prepared by the City. When final plans are approved by the City, the developer shall furnish accurate computer files of the complete, approved plans on storage media and in program format acceptable to the City Engineer. GRADING 31. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.10, La quints Municipal Code. In accordance with said Chapter, the applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 32. Graded but undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 33. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. 00003`5 CONAPRVL145 4 Conditions of Approval Plot Plan 94-543 January 10, 1995 34. Prior to issuance of any bull" permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identity the difference, if any. The data shall be organized by development phase and lot number and shall be cumulative if the data is submitted at different times. UTILITIES 35. In areas where hardscape surface improvements are planned, underground utilities shall be Installed prior to construction of the surface Improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 36. Improvement plans for all on- and off -site streets, parking areas and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard Drawings, and as approved by the City Engineer. Street pavement sections shall be based on a Caltraus design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading, including site and building construction traffic. The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0"14.5" Collector 4.01115.00" Secondary Arterial 4.01116.00" Primary Arterial 4.51116.00" Major Arterial 5.511/6.50" If the applicant proposes to construct a partial pavement section which will be subjected to traffic, the partial section shall be designed with the 20-year design strength. LANDSCAPING 37. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. CONMRVL145 5 000036 Conditions of Approval Plot Plan 94543 January 10, 1995 38. Landscape concept plans shall be approved by the Community Development Director. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 39. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. 40. The applicant shall Insure that landscaping plans and utility plans are coordinated to provide visual screening of aboveground utility structures. 41. The applicant or applicant's successors in ownership of the property shall ensure perpetual maintenance of the approved landscaping and related improvements. FEES AND DEPOSITS 42. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. 43. The applicant shall employ construction quality assurance measures which meet the approval of the City Engineer. 44. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. CONAPHVL145 g ` 000037 T4t!t 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: IV_ COUNCILIRDA MEETING DATE: January 17, 1995 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Special Advertising Device 95-062 for approval of Temporary Subdivision flags for Tract 23268-Acacia. PUBLIC HEARING: Applicant: Acacia Construction. RECOMMENDATION: Approve Special Advertising Device 95-062 permitting 8 temporary flags for the Acacia tract subject to the attached Findings and Conditions of Approval. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: The applicant has submitted a letter (Attachment 1) requesting approval of a new permit for subdivision flags for the Acacia tract located on the north side of Miles Avenue, between Washington Street and Adams Street (Attachment 2). The applicant is seeking approval of a total of 8 flags. Four flags are requested at the North Harland Drive entrance, off of Miles Avenue, and four at the West Harland Drive entrance, off of Seeley Drive (Attachment 3). On November 2,1993, the City Council granted approval of 21 temporary subdivision flags for the Acacia tract, in compliance with the policy that was in effect at the time. That permit has since expired and the applicant is requesting a new permit for the flags. The flags will be identical to those originally approved. The flags are 18 square feet in size. The colors consist of a band of white, bright pink, and blue for each flag. The Acacia logo is printed within the center white band in blue script. The flags will be 12 feet above grade and on white PVC poles. FINDINGS AND ALTERNATIVES: Municipal Code Chapter 5.64 (Special Advertising Devices) provides for a permit to be issued by the City Council for advertising devices other than the usual and customary permanent business identification signs. This includes temporary subdivision flags as requested by Acacia Construction. The Council's consideration for granting of this permit must find that the Special Advertising Device would not: CCLC102 1. Constitute a traffic hazard or nuisance to adjacent or surrounding properties or to the public at large; or, 2. Be detrimental to the public convenience or welfare; or, 3. Be inconsistent with the various elements and objectives of the General Plan and all other officially adopted policies and regulations of the City. On October 18, 1994, the City Council revised the flag policy to allow a total of eight flags per tract. Additional standards were also adopted that applicants must comply with. These standards are found in Attachment 4. This request does comply with all of these standards. The options available to the Council are as follows: 1. Approve the request, subject to the attached conditions. 2. Deny the request. Director Attachments: 1. Letter of request 2. Location Map 3. Plot Plan 4. Subdivision Flag Policy CCLC102 000039 CONDITIONS OF APPROVAL - RECOMMENDED SPECIAL ADVERTISING DEVICE 95-062 (ACACIA CONSTRUCTION) JANUARY 17, 1995 FINDINGS• 1. The proposed temporary on -site flags have been determined to be exempt Class 11, Section 15311(a), from the provisions of the California Environmental Quality Act. 2. The conditions stated below are deemed necessary to protect the health, safety, and welfare of the community. 3. The temporary advertising is consistent with the standards of the Municipal Code of the City of La Quinta. CONDITIONS: 1. The eight (8) temporary flags on flagpoles shall be allowed for each tract for a six month period which shall expire on June 17, 1995. The applicant can apply for an extension to this permit provided a written request is made to the Community Development Department 30 days prior to the expiration of the permit. The Community Development Department can extend the permit for an additiona1180- day period if the applicant's sales program is still active and the Conditions of Approval are being met. 2. The temporary flags shall be maintained in good condition while they are displayed. Should the flags become torn or faded they shall be removed from the flagpoles and replaced with new matching flags. 3. The flags shall be installed pursuant to the exhibits on file with the Community Development Department. 4. All flags shall be located on private property and not within the public right-of-way. 5. The maximum height of each flagpole shall be 20-feet for the exterior flags and 16- feet for the interior flags. CONAPRVL116 000040 JM 06 '95 04:46PM ACACT^ Attachm�it 1 City of La Quint& Planning Dept. ATTN: Leslie 78-495 Calle Tampico La Quinta. CA 92253 Dear Leslie: January 5, 1995 r` JAN 09 f ZZ RE: Tract No. 23268 Enclosed is our request to be placed on the next City Council agenda for approval of promotional flags to be placed along Miles Avenue and around our model complex. Also enclosed is a plot map showing the placement of the eight (8) flags and an application for a temporary advertising promotion. P. sample flag should be in your possession under SAD 93-035, which has expired. Please call if you need any additional information. Sincerely, P Ja`n4=a,e,Vice esident Sales 3 Marketing Enclosures p00041 8141 Fast Kaiser Boulevard, Suite 310, Anaheim Hills, CA 92808-2258 (714) 282-5800 • Fax (714) 28Z-5810 8 CASE Na FQEO Attachment 2 h h. w.�.o�i1M ORS VE 7TACT M O t32G� � n 0 Q' PAMACCT. S/TE TR. 23268 zt 3 CASE MAP LOCATION MAP f 000042. ORT SCALE: NTS JPM 06 '95 04:46PM ACP.0 P.3.'4 Attachment 3 3 1 33 32 a1 90 Z-9 28 27 76 Zs ?A It 3 22 2/ 20 /9 - W. MANILAND DR. --- - /6 � i /30 /3/ /3j /34 /35 136 137 /is 139 /7 v I119 148 /47 /dg 145 J 143 142 /41 �¢ -/RW/N L/R. - ----� /3 v 169 168 /6 /66 %66 /6d /ij i62 I6I /ie Al - - - LONE DR. -- - � • 8 WI70 /71 172 /7J 174 /z /76 177 /7e /79. i 181 I$$ j,07/,AW 10 /J4 /B3 A �®/ /OO ' r9e 19) I9Z r� /g,Q 19 r96 /9 /98 /9 I of/L ES q �fNU76 000043 1: SUBDIVISION FLAG POLICY 1. Eight flags shall be considered the maximum number of flags permitted. 2. The pole heights shall be a maximum of 20-feet in height for the perimeter of the project and 16-feet for the interior. 3. The size of each flag shall be a maximum of 18 square feet for the Perimeter and 12 square feet for the interior. 4. Rigid flags, secured on more than one side, are not permitted. S. The flags may vary in color or have multiple colors, but fluorescent colors are not allowed. 6. Any wording on the flags shall be limited to the name of the subdivision and/or name of the developer. Flap which have a phrase or part of a phrase which is read on multiple or subsequent flags shall not be allowed. 7. The flags shall be approved for a six month period then reviewed by the Community Development Department and if In acceptable condition, granted an extension for up to six months. 8. There shall be no more than one flag per pole. 9. The height of the flag pole shall be measured from finish grade at the property line. 10. The flag pole size shall be determined by the lateral load and size of the flag. Staff shall supply applicants with the acceptable standards. raMRM.ot: 000044 T4ht4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: 3 COUNCIL/RDA MEETING DATE: January 17, 1995 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a request for annexation of approximately 117 PUBLIC HEARING: _ acres located northwest of the intersection of Jefferson Street and Fred Waring Drive. Applicant: Kurt Johnston, agent for the owner RECOMMENDATION: Authorize staff to begin the annexation process. FISCAL IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: On December 22, 1994, the City received a letter (Attachment 1) from Mr. Kurt Johnston, agent for the owner of the subject property, requesting the City annex the property located northwest of the intersection of Jefferson Street and Fred Waring Drive (Attachment 2) into the City. The area being considered contains approximately 117 acres and is presently not in the City but contiguous to the City's northern boundary. This area is not within La Quinta's sphere of influence, nor any other city's. If Council authorizes, the General Plan, preannexation zoning, annexation, and sphere of influence process would be started. FINDINGS AND ALTERNATIVES: The options available to the City Council are as follows: 1. Authorize the annexation process; 2. Deny the request; 3. Request additional information. /IfWHerm n C mmunity Development Director Attachments: 000045 1. Letter from applicant dated December 22, 1994 2. Location maps COH.002 Grubb&Ellis nn AT HMENT 1 DEC 2 3 1994 G111h'L@ PAATMENT Mayor John Pena and City Council City of La Quinta P. 0. Box 1504 La Quinta, California 92253 December 22, 1994 Re: Annexation 117 Acres NW corner of Fred Waring & Jefferson Dear Honorable Mayor and Members of the City Council: By this letter we hereby request that you consider for annexation into the City of La Quinta the property located at the northwest corner of Fred Waring Drive and Jefferson Street being approximately 117 acres adjacent to the Bermuda Dunes Country Club at the northern boundary of the city limits of La Quinta. We feel that a mixed use zoning of commercial and low density residential would be consistent with existing zoning and compatible with existing and proposed neighboring developments. . We would request that ten acres at the corner of Fred Waring and Jefferson be designated as commercial and the remainder to be designated as single family residential, two to four units per acre with minimum lot sizes of 71200 square feet. Thank you for your attention to this matter. Please contact us with your recommendations. Very truly yours, L/u rL7Z tHo KURT JOHNSTON, Agent for the Owner cc: Jerry Herman L IN71(619) X 1 • HZC-M (619) Z9ZZ6 tl:)'sOupdS wled fol.0 ai;nS AeIA uoAueZ):nnbgel'3 106 Aurdwoo °t113 i9 99n"J silly,gpiJ r (;mbh�� .l'.Ili- llnnl�am l;onnnrr,,u07suAlof 7an)l il�lc.d 901 E F,ihyuir: 1, an)..n AC .n, �uC i[c .I:'i, 1'.ilm �Ixine>. C.%91Z6_' 000046 uj z W Q' co uj 0 mi W r J LL 6U o z !� W V ,L ATTACHMENT 2 j U o < U N � J J '7 m yl C v � y04Cf rI ', Y � •I 02 r� J u J Vl e aLu�3 NI!]pi XI if D 20t R � [voa a oa 0000.4? -V ANj_ I yn c a n I ` u.d WfUOWMM 9 y t C 6 >�xI At • rnwnry j L ao fi PALM X&F p�w�CdMl)Rr �J• Xu , n .,DUN 1'1115 i FSOI, iMPII IAINYN41 DEL WEBB rvu•:oum u Y t -f .Mu i .a.jf�Ye t'4 y n .: MpYN a I ]I ,,..O r- •w . CIYM�Rw� f�'��; 1 •1 s f .af f C CC 5 �„ � a.•s.f � � � a• \. f - � el —7`111 � y7' ,y.A'bYa\ 1,.w„L 9 _ wy _S• .' 9 q t 'Y W^W.` fUrY4Y Y ,�xcnw r +r» k IMP a .. cnw ! Bcrmutla r a y — . Dunes US HOMES » ^ 1 ll •'oe"% ' t �w° PROPOSED PROJECT ,CIA,All E3UME i rx,j% �� .fu (i fr.r •14 � .I ii 1 � ` N ` 1 f 7 INWv wftu f INDIAN WELLS' »y P � t a y —1 All IN(f AY SVrw S i 4 � ww ` i : 4 �f IlwwrWM w ) " A 1, mill .�.rw,r: a jtL4 LI f tim All, yy 9 Q uT }Nt.ru'W c ,...-- R I '� 1111 V,4uCWP. ! • I All, )ne UUINTA .ry .. Y f 3'_.•_ A 1MrXi I LA I r„r Yar ,0 Yl 'Al t. . t-. ..... C w:woN s r4 (v O S,yyu`„r Yr•r .,I .,r- '9 H y All H f ' , I .f 000048 f:WrrW gID ..•rf I 1� a GLASS AT, our.uu W A j p H031 V G� i N Rl n T4ht 4Qum& AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 17, 1995 ITEM TITLE: Continued consideration of the College of the Desert Regional Business Assistance Center request for funding. 'r 13 10 10 Lv BUSINESS SESSION: IL CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continue the discussion to February 7, 1995, per the request of the Desert Regional Business Assistance Center. FISCAL IMPLICATIONS: The sum of $15,000 has been identified in the Fiscal Year 1994-95 Budget under account #101-103-643-000 for the College of the Desert Regional Business Assistance Center (RBAC). BACKGROUND AND OVERVIEW: On January 3, 1995, the City Council considered the request to expend the $15,000 appropriation for the Regional Business Center. The discussion was continued for two weeks to permit the RBAC the opportunity to provide additional information as requested by the Council. Based upon the Council discussion, a letter was sent to the RBAC which identified the issues raised by the Council (Attachment 1). In response to the questions raised by the Council, the RBAC is preparing an answer. As of this date, however, the RBAC has been unable to furnish all the information requested. They have therefore, requested a continuance to the February 7, 1995 meeting (Attachment 2). FINDINGS AND ALTERNATIVES: The options available to the City Council are as follows: 1. Grant the continuance;. 2. Deny the request. erry Her 'mn Community Development Director Attachments: 1. Letter to RBAC 2. Letter from RBAC COH.003 000050 ATTACHMENT 1 T4t�t 4 lwQ" 78495 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 January 9, 1995 Mr. Terry Green, Dean Resource Development College of the Desert 43-500 Monterey Avenue Palm Desert, CA 92260-2499 SUBJECT: FUNDING FOR THE REGIONAL BUSINESS ASSISTANCE CENTER Dear Terry: This is a follow-up letter to the Council meeting of January 3, 1995. As you are aware, the City Council continued their decision on funding your Center until further information is obtained. Therefore, I would request that you send to my attention the following information: 1. Letters of testimonial from La Quinta businesses or organizations who have used the services of the Center; 2. Any feedback received on the services provided by the Center (positive and negative 3. A financial budget identifying the expenditures and salaries; and, 4. A progress report on the work completed by the Center. Upon receipt of the Information provided, your request will be scheduled for the City Council meeting of January 17, 1995 for their further consideration. Should you have any questions, please feel free to contact me. Very truly yours, RRY HE MAN Community Development Director JH:bjs LTRJ9.415 000051 MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 �� 31-11-1995 11:33AM FROM COD BJSINESS/ENERGY TO 97777155 P.01 Colle �� ATTACHMENT 2 "� ` Desert '43-500 Monterey Avenue `, '' ` `' Palm Desert, CA 922%2499 January ll, 1995 i i i TjO: Jerry!,Herman, j ity of La Quinta FROM: Gayl Biondi, Regional Business Assistance Center at College of the Desert , RE: Agenda item relative to Council approval of $15,000 to RBAC (W COD We are scpeduled to present the above -mentioned agenda item at the 1-1 &95 council meeting. Inasmuch the back-up materials we are compiling for council review are not cbmplew as of today's date, we respectfully request a two week continuance to the Vebruary 1st meetMg- If ' I I you ha any questions, please feel free to contact me directly at 776 0132. Thank you for your consideration, cc: Terry Green, Deis of Resource Development i' 000052 Desert Community College District • 6191346-8041 TOTAL P.al Tit4t 4 4 " AGENDA CATEGORY: BUSINESS SESSION: S COUNCIL/RDA MEETING DATE: January 17, 1995 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Request by Air Touch Cellular PUBLIC HEARING: to Locate Monopole at Sports Complex RECOMMENDATION: Direct Air Touch Cellular to the Community Development Department for further review and consideration of the proposed placement of a cellular monopole at the La Quinta Sports Complex. FISCAL IMPLICATIONS: Initial discussions as presented to the City Council on November 1 indicated that Air Touch is willing to pay the City and Desert Sands Unified School District $500 per month each for leasing the site. The attached matrix indicates that this is above the average amount of rent paid for a land lease of this nature. However, it is not the highest amount paid. If Council directs Air Touch to Community Development for further review and consideration, staff will begin formal negotiations with Air Touch to acquire the most favorable lease/rent arrangement. It should be noted that staff has expended the monetary value in staff time of the first year's potential revenue in reviewing, evaluating, and reporting on this issue on behalf of the City. BACKGROUND AND OVERVIEW: Air Touch Cellular approached the City of La Quinta with a proposal for locating a monopole and equipment container at the La Quinta Sports Complex in July, 1994. At that time, staff requested that Air Touch develop a proposal for the Council's consideration. On July 19, 1994 staff presented a Study Session staff report to Council outlining the Air Touch proposal. On November 1, items of concern to the Council were the proposed rent to be paid to the City; the safety of the monopole and transmissions emanating from the monopole and equipment building; and the location/positioning of the equipment building.. Staff has discussed the rent issue with the Air Touch representatives, and Air Touch has expressed an openness to pay the City $500 per month and the School District $500 per month, opposed to both agencies splitting a single monthly rent payment of $500 per month as previously proposed. Other agencies' revenue arrangements which have been negotiated with Air Touch Cellular are presented in the attached matrix. ccll-la 000053 Regarding the second issue of Council concern, Air Touch representatives have agreed to relocate the equipment building off the playing field area to a more remote site directly behind the Snack Bar building. Air Touch has further agreed to graffiti -proof the building, and remove any graffiti from the building upon notice from City staff. Staff believes the change of location addresses safety concerns, and Air Touch has agreed to construct the building of the same materials as the existing snack bar to address aesthetic issues, as well as provide landscaping to compliment and shield the building materials. Other agencies' agreements with Air Touch reviewed by staff indicates that Air Touch has maintenance responsibilities in and around the fenced -off monopole and building areas. At the November 1 and December 6, 1994 Council meetings, the Council expressed concerns regarding health issues related to the level of electromagnetic, micro, or electric waves or currents, and Council expressed its desire for more information and materials addressing health risks of locating a monopole at the Sports Complex. In November, staff requested of Air Touch information or copies of agreements between Air Touch and schools which have cellular monopole sites, per the statements made to the Council by Air Touch that there are many school sites which have cellular monopoles on location (see matrix included as Attachment 1). The Planning Associates, on behalf of Air Touch, submitted extensive health and cellular technology study information on Tuesday, November 29. On December 16, 1994, staff received nine (9) copies of original school district and agency agreements requested by staff. Staff's experience with Air Touch has been less than satisfactory. Often information is not provided unless specifically requested several times. For example, the agreements provided to staff on December 16, 1994 had all lease/rent payment information blacked out, in spite of the meeting between the City Manager, the Mayor, and Air Touch representatives prior to the December 6 meeting where the City Manager specifically requested the lease/rent payment arrangement information. Staff had to request the information again, and in the case of two of the agreements, the information faxed was incomplete and not current. FINDINGS AND ALTERNATIVES: Staff believes that Air Touch has addressed the concerns of the Council and staff related to health issues. Staff has reviewed information addressing health concerns provided by Dr. Peter Poulson, a consultant on microwave's biological effects; Joie Pierce Jones, professor of radiological science at University of California, Irvine; Cities of Los Angeles and Los Alamitos staff reports, Council and Planning Commission minutes, records, and video tape; Dr. Jerrold Bushberg, Department of Radiology, University of California at Davis; and Federal Communication Commission materials. ccll-la 000054 Staff concludes that there are no valid health concerns related to the placement of a monopole at the Sports Complex for the following reasons: a. Cellular sites such as that proposed for the Sports Complex emanate non -ionizing radiation, which is relatively harmless, opposed to ionizing radiation which displaces electrons and is used for medical purposes or microwave ovens. b. The radiation emitted from the monopole is hundreds of times less than the safety standards established by ANSI, and accepted by the federal and state governments. c. Over 12,000 cellular and microwave studies have been conducted, and the overwhelming evidence indicates there are no ill effects from monopoles as proposed for the Sports Complex. To the contrary, there is no credible evidence that monopoles or cellular microwaves cause any health problems (the most notable incident was a Larry King Live guest who stated that, because his wife died of brain cancer and she used a cellular phone alot, the cellular phone caused the cancer; no scientists supported his claim). d. The exposure to microwaves at ground level at the Sports Complex would, for reasons stated in number 1 and 2 above, be negligible and of no consequence from a health perspective. The waves emanating from the antennas and dishes are direct waves, meaning there is very little "spill" from the waves, but rather the waves are targeted. Staff is recommending that the Council direct Air Touch to the Community Development Department for processing of their request to place a monopole at the Complex. Alternatives available to the Council are: 1. Direct Air Touch to the Community Development Department; or 2. Refuse to further consider the Air Touch request to locate a cellular monopole at the Sports Complex location. e I- CLINT 90,8LEN PARKS & RECREATION DIRECTOR Attachment 1 - Comparative of Air Touch Agreements with Other Agencies 000055 ccll-la u m H ¢ g' 'w v J m w c U 0 U O o > m �Y m T C C QQ ca p m Q a r$r a m T O am GW V � N a N a L Nx v c N C W m W m c C c a G O W 3 A m C E Nt`J W C C G 0� O d am m > E c $ m C �y O p 88 O pqo �tl �O�pp O !9 O ATTACHMENT 1 W a x <V y L m U mm C � L c ry v a •- c � c 3 � a c N m m pmm O aL c aa iNMM of m mN G _O. qCq y O p Q H a a m E o v t�J C� tip N t7 > t7 m L gym. yAy W QG C 4T `O dCF Q y 6 CC, E N O QO {Tp 0 W L L m FL Ems« m�5 C 6 m C o E c o E w O E �' W m co ti W m 0 o m n m W 2 m m t 0 C gmN J_.O c >, m0 $m�'Co° gW am Q a m_ ma �L°am 2$W� O 2 S> N> N> N m C 0 in CL !A¢ o F9¢ o cn¢ o ¢ o Q� ¢ i ca j = o N U g N ZB U m r X 8 FOOL o w¢ c rn iB •�. T T T T o• toO J+ H� N O 4 N N d 8 p ) ca u O t0 C m N 0 w v y C CD (D0 cn as Wj�a rn m 3 WoN c dG .2d anzZQ m �Wcc �m , Ji Q J Wa J Jm NO 2 �icn N' a > u c `m C rn m c .Y 2' c c Q !G >. c i m8 O O �>C mLLDI m L c w U W E m CD o>O LVO Hm co i m mW 000056 N a N a 0 3 c 3 'm° c cq c c� c a c o m a c v m a .- a r. N m N o� L p L p C Mn c N O a o m TL t+l !L t+f y C m O T C N rt a Cgg O E t m E m o m O q - a o min 6 m �¢ `o»v'w C h T T N N N r i5O U n. 000057 Tit!t 4 4 Q" COUNCIL/RDA MEETING DATE: ITEM TITLE: Demand Register Dated January 17, 1995 BACKGROUND Prepaid Warrants: 20388-204021 $ P/R 11105 - 11162 ) Payable Warrants: 20403-204761 Demand of Cash - City AGENDA CATEGORY: BUSINESS SESSION: January 17, 1995 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 24,630.96 68,678.13 CITY DEMANDS $ 397,374.93 RDA DEMANDS $ 3,417.50 307,483.34 $ 400,792.43 $ 400,792.43 $ 400,792.43 /�%l/!,D►�✓/' -hilt-C�1�/X T omas P. Genovese, City Manager MM ACCOUNTS PAYABLE - AP7002 COMBINED CHECK REGISTER CITY OF LA QUINTA CHECK CHECK VENDOR VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 1 09/02/94 000006 ACE ALTERNATOR 2 THRU 20387 ••• UNACCOUNTED FOR CHECKS ••• 20388 01/04/95 BYRO10 COTS M BYRD SHERIFF 535.48 20389 01/04/95. CAL050 STATE OF CALIFORNIA 554.55 20390 01/04/95 CJPO10 CJ PHOTOGRAPHY 135.77 20391 01/04/95 CLED10 CLERK OF SUPERIOR COURT 400.00 20392 01/04/95 CVJO10 C V J P I A 1491.00 20393 01/04/95 EPOSO EtBLOYMENT DEVELOPMENT 2736.61 20394 01/04/95 PET010 PETTY CASH/CITY LA QUINTA 456.29 20395 01/04/95 RIVO40 RIV CNTY DISTRICT ATTORNY 723.00 20396 01/04/95 ROSO30 ROSENOW SPEVACEK GROUP 3200.00 20397 THRU 20399 "•• UNACCOUNTED FOR CHECKS "•" VOIDS 20400 01/06/95 COA080 COACHELLA VALLEY WATER 800.00 20401 01/06/95 LW040 LA QUINTA CRAhIDER CMMRC 30.00 20402 01/06/95 PER005 P E R S 13568.26 20403 01/10/95 400001 LQ QUINTA FAIRWAYS 80.00 20404 01/10/95 400002 LARRY MEYRAN 52.15 20405 01/10/95 ACE005 ACE ALTERNATOR 215.29 20406 01/10/95 ASC001 A 4 S COFFEE SERVICE 238.00 20407 01/10/95 ASPO10 ASPHALT INSTITUTE INC 375.00 20408 01/10/95 AT0010 A TO Z PARTY RENTALS 382.94 20409 01/10/95 BAK010 FRED BAKER 27.84 20410 01/10/95 BM005 PEGGY BAKER 50.00 20411 01/10/95 BIG010 BIG A AUTO PARTS 349.35 20412 01/10/95 BOH010 CLINT BOHLEN 63.85 20413 01/10/95 ESIO10 BSI CONSULTANTS INC 1610.56 2D414 01/10/95 CADO10 CADET UNIFORM SUPPLY 548.59 20415 01/10/95 CAL010 CAL WEST ENGINEERING 840.00 20416 01/10/95 CAL030 CALIF PARK 4 REC SOCIETY 120.00 20417 01/10/95 CANO10 CANON ACCESSORIES 269.00 20418 01/10/95 COA070 COACHELLA VALLEY OFFICE 82.73 20419 01/10/95 COM020 COMPUTER PROTECTION TECH 1038.00 20420 01/10/95 COM030 COMSERCO 22.50 20421 01/10/95 DAY010 DAY -TIMER 27.15 20422 01/10/95 DEM010 DEMO UNLIMITED INC 22001.40 20423 01/10/95 DESO40 DESERT JANITOR SERVICE 650.00 20424 01/10/95 DES060 DESERT SUN PUBLISHING CO 1097.02 20425 01/10/95 EAR010 EARTH SYSTEMS CONSULTANTS 195.00 20426 01/10/95 ECO050 ECONOMICS INC 1124.00 20427 01/10/95 FUNO10 FUNKY ICE 4 REFRIGERATION 53.00 20428 01/10/95 GAS020 GINGER GASTON 18.43 20429 01/10/95 GRA010 GRANITE CONSTRUCTION CO 5269.60 20430 01/10/95 GRI010 DAVID M. GRIFFITH 4 ASSOC 1011.02 20431 01/10/95 GTE010 GTE CALIFORNIA 2193.39 20432 01/10/95 HAL010 HALL 4 FOREMAN, INC 1006.00 20433 01/10/95 HAR010 HARRIS 4 ASSOCIATES 6045.00 20434 01/10/95 HIGO30 HIGH TECH IRRIGATION INC 223.91 20435 01/10/95 HOLO10 HOLMAN INDUSTRIES 101.61 20436 01/10/95 IRMO10 IBM CORPORATION UW3 229.08 z PURCHASE VOIDED- 3:44PM 01/10/95 PAGE 1 ACCOUNTS PAYABLE - AP7002 COMBINED CHECK REGISTER CITY OF LA QUINTA CHECK CHECK VENDOR VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 20437 01/10/95 ICB010 ICBO 85.00 20438 01/10/95 ICM020 ICMA DISTRIBUTION CENTER 54.50 20439 01/10/95 IMPO10 IMPERIAL IRRIGATION DIST 5314.15 20440 01/10/95 JOHO10 DANNY JOHNSON 188.22 20441 01/10/95 JPRO10 JP REPROGRAPHICS 177.95 20442 01/10/95 JUDO10 JUDICIAL DATA SYSTEMS CDR 100.00 20443 01/10/95 KIC010 KICAR 6 ASSOCIATES 11253.00 20444 01/10/95 - LACO10 L A CELLULAR 960.11 20445 01/10/95 LIG010 LIGHT SOURCE 1001.40 20446 01/10/95 LQVO10 LA QUINTA VOLUN FIRE PGA 671.13 20447 01/10/95 MAL005 T I MALONEY INC 53569.60 20448 01/10/95 MAL010 PAM MALOOF 132.30 20449 01/10/95 MCKO10 MCKESSON WATER PRODUCTS 60.70 20450 01/10/95 MOBOIO MOBILEMEDIA 62.70 20451 01/10/95 MUNO10 NMI FINANCIAL SERV INC 3298.44 20452 01/10/95 NAT010 NATIONAL BUSINESS MACHINE 1150.00 20453 01/10/95 NAT020 NATL GUARDIAN SECURITY SV 201.00 20454 01/10/95 NAT030 NATL RECREATION 6 PARR 35.50 20455 01/10/95 PRIC20 THE PRINTING PLACE 655.66 20456 01/10/95 PRO010 PROTECTON SERVICE IND 362.66 20457 01/10/95 RIV100 RIVERSIDE COUNTY SHERIFFS 138929.02 20458 01/10/95 RIVI50 RIV COUNTY TRANSPORTATION 5526.00 20459 01/10/95 SHAO10 SHADOW PALMS GARDENING 6537.59 20460 01/10/95 SMA010 SMART S FINAL 98.69 20461 01/10/95 SMIDIO MARILYN SMITH 16.58 20462 01/10/95 SM02D SO CALIF ASSN OF CODE 25.00 20463 01/10/95 3OCO50 30 CALIF TELEPHONE CO INC 6910.75 20464 01/10/95 SOUO10 SOUTHERN CALIF GAS CO 571.23 20465 01/10/95 SPRO10 SPRINT 586.60 20466 01/10/95 TAY010 STEVE TAYLOR 6 SON 900.00 20467 01/10/95 TR0010 T.R.D. ASSOCIATES INC 325.00 20468 01/10/95 TOL010 JODI K TOLLIVER 89.44 20469 01/10/95 TRI010 TRI LAKE CONSULTANTS INC 6528.00 20470 01/10/95 VAL010 VALLEY OFFICE EQUIP I.NC 57.00 20471 01/10/95 VIK010 VIKING OFFICE PRODUCTS 183.09 20472 01/10/95 VIN010 VINTAGE LANDSCAPE MAINT 10987.19 20473 01/10/95 WAL010 WAL MART STORES INC 67.84 20474 01/10/95 WAS010 WASTE MANAGEMENT OF DESRT 145.55 20475 O1/10/95 WEL010 WELCH'S UNIFOR RENTAL 35.95 20476 01/10/95 ZLPO30 Z d L PAVING 1897.99 CHECK TOTAL 332,114.30 3 PURCHASE 3:44PM 01/10/95 PAGE 2 01191fi0 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 2:56PR 01/10/95 CITY OF LA QUINTA PACE I VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH THAN NUMBER DESCRIPTION AMOUNT NO. 600001 LQ QUINTA FAIRWAYS 101 000 418 000 14466 REFUND OVERPAYMENT-B:.DC 80.00 T3 27 VENDOR TOTAL 60.00 600002 LARRY MEYRAN 101 202 703 000 EXERCISE BANDS FOR EXRCS 52.15 T3 31 VENDOR TOTAL 52.15 ACE005 ACE ALTERNATOR 101 453 703 833 20481 SIGN BATTERIES 215.29 T4 1 VENDOR TOTAL 215.29 ASCO01 A c S COFFEE SERVICE 101 153 703 880 9927 COFFEE SUPPLIES 238.00 74 2 VENDOR TOTAL 230.00 ASPO10 ASPHALT INSTITUTE INC 101 454 655 000 019993 ASPHALT PAVEMENTS SEMIMA 187.50 T3 2 A32010 ASPHALT INSTITUTE INC 101 453 655 000 019993 ASPHALT PAVEMENTS SEMINA 187.50 T3 3 VENDOR TOTAL 375.00 ATOO10 A TO Z PARTY RENTALS 101 201 615 000 01-08977 SENIOR CENTER OPENING CE 302.94 T1 1 VENDOR TOTAL 182.94 BAKO10 FRED BAKER 101 403 641 000 DEC 94 MILEAGE/BAKER 27.84 T] 4 VENDOR TOTAL 27.84 EAK005 PEGGY RAKER 101 202 609 592 JAN 95 SENIOR CENTER MUSIC MIST 50.00 T3 5 VENDOR TOTAL 50.00 SIC010 BIG A AUTO PARTS 101 453 619 649 99164-A EQUIPMENT PARTS 21.10 T4 3 HIGO10 BIC A AUTO PARTS 101 453 619 649 99163-13 EQUIPMENT PARTS -22.07 T4 4 BIG010 BIC A AUTO PARTS 101 453 619 649 1111123-A CLUTCH /FLYWHEEL 205.19 T4 5 HIC010 BIG A AUTO PARTS 101 453 619 649 101081-A BATTERY 108.28 T4 6 13ZCOIO BIC A AUTO PARTS 101 453 703 833 103234-A SIGN BATTERY/CABLE 36.85 T4 7 VENDOR TOTAL 349.35 BOHO10 CLINT BOHLEN 101 251 655 O00 NRPA MCMNT SCHOOL I:/14- 63.05 T3 6 VENDOR TOTAL 63.05 831010 8SI CONSULTANTS INC 101 000 251 000 94250/12 PLAN CHECK FEES 637.55 T4 e BSIO10 BSI CONSULTANTS INC 101 000 251 000 93999/12 PLAN CHECK FEES 973.01 T4 9 VENDOR TOTAL :610. 56 CAD010 CADET UNIFORM SUPPLY 101 353 617 000 892006 UNIFORMS 33.40 T3 7 CAD010 CADET UNIFORM SUPPLY 101 353 617 000 888189 UNIFORMS 33.40 T3 8 CAD010 CADET UNIFORM SUPPLY 101 353 617 000 890090 UNIFORMS 33.40 T4 10 CADO10 CADET UNIFORM SUPPLY 101 453 617 000 890091 UNIFORMS 43.29 T4 11 CADO10 CADET UNIFORM SUPPLY 101 454 617 000 890091 UNIFORMS 42.14 T4 12 CADO10 CADET UNIFORM SUPPLY 101 453 617 000 892007 UNIFORMS 319.02 T4 13 CADO10 CADET UNIFORM SUPPLY 101 454 617 000 892007 UNIFORMS 43.14 T4 14 VENDOR TOTAL 548.59 CALO30 CAL WEST ENGINEERING 101 354 605 547 97/9497 PLAN CHECKING SERV 455.00 T3 9 000n61 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 2:SBPM 01/10/95 CITY OF :.A QUINTA PAGE 2 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAM NUMBER DESCRIPTION AMOUNT NO. CALOIC CAL 'REST ENGINEERING 101 354 605 547 96/9497 PLAN CHECKING SERV 385.00 T3 _0 VENDOR TOTAL 840.00 CAL030 CALIF PARK 6 REC SOCIETY 101 202 649 000 2/l/95-2 CPRS ANNUAL DUES 120.00 T3 11 VENDOR TOTAL 120.00 CAN010 CANON ACCESSORIES 101 401 701 000 5486 PRINTER INK CARTRIDGES 269.00 T4 15 VENDOR TOTAL 269.00 COA070 COACHELLA VALLEY OFFICE 101 251 701 000 60772 DISKETTES/LABELS 82.73 T4 16 VENDOR TOTAL 82.73 CC14020 COMPUTER PROTECTION TECH 101 357 609 607 2284-CPT LINE ANALYZER 1038.00 73 12 VENDOR TOTAL 1030.00 COK030 COMSERCO 101 351 619 649 000490-0 RADIO CABLE 22.50 T3 13 VENDOR TOTAL 22.50 DAY030 DAY -TIMER 101 102 701 000 17255333 CALENDAR REFILL 27.15 T3 14 VENDOR TOTAL 27.15 DEM010 DEMO UNLIMITED INC 401 604 605 532 3006 PHASE V/ST 4 DRAINS 24446.00 T4 17 DEM010 DEMD UNLIMITED INC 401 606 605 532 3006 PHASE V/ST 6 DRAINS-RETA -2444.60 74 18 VENDOR TOTAL 22001.40 DESO40 DESERT JANITOR SERVICE 101 357 609 634 2261 CONST CLEAN UP @ SENIOR 650.00 T4 19 VENDOR 'TOTAL 650.00 DES060 DESERT SUN PUBLISHING CO 101 201 643 000 766641 LEGAL ADVERTISING 1097.02 T3 15 VENDOR TOTAL 1097.02 EAR010 EARTH SYSTEMS CONSULTANTS 401 603 605 532 953033 CONTRACT SVCS/DESIGN 125.00 T4 20 EAR010 EARTH SYSTEMS CONSULTANTS 401 603 605 532 953112 CONTRACT SVCS/DESIGN 70.00 T4 21 VENDOR TOTAL 195.00 ECO050 ECONOMICS INC 101 403 605 542 12/AB939 PROF SVC/AB 939 IMPLEMEN 1124.00 T4 23 VENDOR TOTAL 1124.00 FUNO10 FUNKY ICE a REFRIGERATION 401 603 609 553 6219 CONTRACT SVCS/CONST 53.00 T4 24 VENDOR TOTAL 53.00 GA502O cl4CPR GASTON 101 202 641 000 DEC 94 MILEAGE/GASTON 18.43 T3 16 VENDOR TOTAL 18.43 GRAO10 GRANITE CONSTRUCTION CO 401 613 609 553 11/22513 CONST/92-12 CALLE :AMPIC 5269.00 T4 25 VENDOR TOTAL 5269.00 CRIO10 DAVID M GRIFFITH 6 ASSOC 101 151 603 000 2417-1 FINANCE DIRECTOR RECRUIT 1011.02 T3 18 VENDOR TOTAL 1011.02 GTE010 GTE CALIFORNIA 101 153 635 000 61956431 PHONE SVC DEC 2010.85 T3 17 00002 5 ACCOUNTS PAYABLE - AP5003 CITY OF LA QUINTA VENDOR ACCOUNT NUMBER GTEO10 GTE CALIFORNIA 101 153 635 000 GTE030 CIE CALIFORNIA 101 253 635 000 KALOIO HALL.G FOREMAN, INC 401 609 605 532 HAR010 HARRIS G ASSOCIATES 401 603 605 000 HIG010 HIGH TECH IRRIGATION INC 101 454 703 847 HIC010 HIGH TECH IRRIGATION INC 101 454 703 847 HIGO10 HIGH TECH IRRIGATION INC 101 454 703 847 HOLO10 HOLMAN INDUSTRIES 101 151 701 000 IHMO10 IBM CORPORATION UV3 101 152 609 598 t CB010 ICSO 101 354 651 000 ICM020 ICMA DISTRIBUTION CENTER 101 102 651 000 IMP010 IMPERIAL IRRIGATION DIST 101 202 627 000 IMPO10 IMPERIAL IRRIGATION DIST 101 357 527 000 IMPO10 IMPERIAL IRRIGATION DIST 401 603 609 553 IMPO10 IMPERIAL IRRIGATION DIST 401 603 609 553 JOHOIO DANNY JOHNSON 101 453 639 000 JOH010 DANNY JOHNSON 101 454 639 000 JPRO10 JP REPROGRAPHICS 401 607 605 532 JPRO10 JP REPROGRAPHICS 101 451 701 000 JPRO10 JP REPROGRAPHICS 101 451 701 000 JUD010 JUDICIAL DATA SYSTEMS CDR 101 351 609 000 KIC010 KICAK G ASSOCIATES 401 604 605 532 KIC01D KICAK G ASSOCIATES 245 903 675 000 LAC010 L A CELLULAR 101 153 635 000 TO -BE PAID INVOICES 2e58PM 01/10/95 PAGE 3 INV. INVOICE PAYMENT BATCH THAN NUMBER DESCRIPTION AMOUNT NO, 564-4738 PHONE SVC/JAN 17.08 T4 26 564-5441 PHONE SVC/DEC 165.46 T4 21 VENDOR TOTAL 2193.39 028874 PROF SVC/WASHINGTON/S HN 1006.00 T4 28 VENDOR TOTAL 1006.00 91530315 PROF SVC/HARRIS ASSOC/SN 6045.00 T4 29 VENDOR TOTAL 6045.00 180912 OPERATING SUPP/MATERIALS 53.65 T4 30 102196 OPERATING SUPP/MATERIALS 103.44 T4 31 102502 OPERATING SUPP/MATERIALS 66.62 T4 32 VENDOR TOTAL 223.91 1996 RUBBER STAMPS 101.61 T4 32 VENDOR TOTAL 101.61 0478428 SYS 36 KAINT 229.08 T3 19 VENDOR TOTAL 229.08 M53126/3 ICBO MEMBERSHIP DUES 85.00 T3 20 VENDOR TOTAL 85.00 A78606/A PUB/BLDG TEAMS G TEAMNOR 54.50 T3 21 VENDOR TOTAL 54.50 3-81-300 ELECTRICAL SVCINOV 73.57 T3 22 7-80-205 ELECTRICAL SVC/NOV 4642.00 T3 23 7-80-205 ELECTRICAL SVC/NOV 295.90 T4 34 7-80-205 ELECTRICAL SVC/OCT 302.68 T4 35 VENDOR TOTAL 5314.15 DEC 94 MILEAGE/D JOHNSON 94.11 T3 24 DEC 94 MILEAGE/D JOHNSON 94.11 T3 25 VENDOR TOTAL 188.22 17864 ADAMS ST DESIGN 29.57 T4 36 32487 PHOTOS/OFFICE SUPPLIES 74.19 T4 37 32497 PHOTOS/OFFICE SUPPLIES 74.19 T4 38 VENDOR TOTAL 177.95 775 PARKING CITATIONS VCV 100.00 T4 39 VENDOR TOTAL 100.00 165 PROF SVC/PHASE V DIST 92 11035.50 T4 40 166 PROF SVC/PHASE V DIST 92 217.50 T4 41 VENDOR TOTAL 11253.00 11770468 CELLULAR PHONE SVC/DEC 570.18 T3 26 2 000063 ACCOUNTS PAYABLE - AP5003 TO -BE PAID INVOICES 2:58PM 01/10/95 CITY OF LA QUINTA PAGE 4 VENDOR ACCOUNT NUMBER INV. INVOICE PAYMENT BATCH TRAN NUMBER DESCRIPTION AMOUNT NO. LAC010 L A CELLULAR 101 153 635 000 17504192 CELLULAR PHONE SVC JAN 409.93 T4 42 VENDOR TOTAL 980.11 LIGO10 LIGHT SOURCE 101 454 621 632 19558 REPAIRS L.Q. DEL ORO 1001.40 T4 43 VENDOR TOTAL 1001.40 LQV010 LA QUINTA VOLUN FIRE PGA 101 356 609 580 DEC 94 FIRE SUPPORT DEC 525.88 T3 28 LQVD10 LA QUINTA VOLUN FIRE PGA 101 356 609 500 NOV 94 FIRE SUPPORT NOV 145.25 T3 29 VENDOR TOTAL 671.13 NAL005 T I MALONEY INC 401 601 605 532 3906/940 FRITZ BURNS PARS CONST D 53569.60 T4 44 VENDOR TOTAL 53569.60 MAL010 PAM MALOOF 101 000 437 453 LEISURE ENRICHMENT CLASS 132.30 T3 30 VENDOR TOTAL 132.30 MCKDIG.MCKESSON WATER PRODUCTS 101 253 7C1 ODO 3353869- DRINKING WATER 16.50 T3 51 MCK010 MCKESSON WATER PRODUCTS 101 153 703 882 3353007- DRINKING WATER 44.20 T3 52 VENDOR TOTAL 60.70 MOB010 MOBILEMEDIA 101 153 535 000 ECE0379A PAGER SERVICE/SAN 62.70 T3 32 VENDOR TOTAL 62.70 MUH010 MUNI FINANCIAL SERV INC 710 000 267 000 935980 ASSESSMENT GIST ADMIN 382.33 T3 33 MUN010 MUNI FINANCIAL SERV INC 715 000 267 000 935980 ASSESSMENT GIST ADMIN 515.42 T3 34 MUN010 MUNI FINANCIAL SERV INC 720 000 267 000 935900 ASSESSMENT GIST ADMIN 548.11 T3 35 MUN010 MUNI FINANCIAL SERV INC 725 000 267 000 935980 ASSESSMENT DIST ADMIN 1000.88 T3 36 MUNO10 MINI FINANCIAL SERV INC 730 000 267 000 935980 ASSESSMENT DIST ADMIN 851.70 T3 37 VENDOR TOTAL 3298.44 NAT010 NATIONAL BUSINESS MACHINE 101 152 609 601 51279 TECHNICAL SUPPORT/DEC 1150.00 T3 38 VENDOR TOTAL 1150.00 HAT020 NATL GUARDIAN SECURITY SV 101 351 609 640 2011785 ALARM SERVICE 201.00 T3 39 VENDOR TOTAL 201.00 HAT030 NATL RECREATION 6 PARR 101 251 651 000 LITERATURE/SUBSCRIPTION 35.50 T3 40 VENDOR TOTAL 35.50 PRIO20 THE PRINTING PLACE 101 251 647 000 941597 BUSINESS CARDS 45.79 T3 62 PRI020 THE PRINTING PLACE 101 202 647 000 941679 BUSINESS CARDS 45.80 T3 63 PRLI020 THE PRINTING PLACE 101 101 639 000 941679 BUSINESS CARDS 45.79 T3 64 PR2020 THE PRINTING PLACE 101 153 703 809 941487 BUSINESS CARD MASTERS 518.28 T3 65 VENDOR TOTAL 655.66 PRO010 PROTECTOR SERVICE IND 101 202 609 640 19123 SERVICE MONITORING 362.66 T3 41 VENDOR TOTAL 362.65 RIV100 RIVERSIDE COUNTY SHERIFFS LO1 301 609 559 R-231-76 LAW ENFORCEMENT SVCS NM 105442.34 T3 42 -0f1066,4 ACCOUNTS PAYABLE - AP5003 CITY OF LA QUINTA VENDOR ACCOUNT NUMBER RIV100 RIVERSIDE COUNTY SHERIFFS 101 301 609 562 RIV100 RIVERSIDE COUNTY SHERIFFS 101 301 609 565 RIV100 RIVERSIDE COUNTY SHERIFFS 101 301 609 568 RIV100 RIVERSIDE COUNTY SHERIFFS 101 301 509 571 RIV100 RIVERSIDE COUNTY SHERIFFS 101 301 609 577 RIV150 RIV COUNTY TRANSPORTATION 101 454 621 619 SHA010 SHADOW PALMS GARDENING 101 454 621 632 SKA010 SHADOW PALMS GARDENING 101 454 621 632 SHAO10 SHADOW PALMS GARDENING 101 454 621 632 SHA010 SHADOW PALMS GARDENING 101 454 621 632 SHA010 SHADOW PALMS GARDENING 101 454 621 532 SHA010 SHADOW PAL14S GARDENING 101 454 621 632 SHAO10 SHADOW PALMS GARDENING 101 454 621 532 SHAO10 SHADOW PALMS GARDENING 101 454 621 632 SHAO10 SHADOW PALMS GARDENING 101 454 621 632 SHA010 SHADOW PALMS GARDENING 101 454 621 632 SHAO10 SHADOW PALMS GARDENING 101 454 621 632 SRA010 SHADOW PALMS GARDENING 101 454 621 632 SMA010 SMART 4 FINAL 101 153 656 000 SMIO10 MARILYN SMITH 101 202 641 COO S00020 SO CALIF ASSN OF CODE 101 352 649 000 S00050 SO CALIF TELEPHONE CO INC 401 603 609 553 SOUOJO SOUTHERN CALIF GAS CO 101 357 629 000 SPRO30 SPRINT 101 153 635 000 7AY010 STEVE TAYLOR 4 SON 101 352 609 615 TAY010 STEVE TAYLOR 4 SW 101 352 609 615 TAY010 STEVE TAYLOR a SW 101 352 609 615 TAY010 STEVE TAYLOR 4 SON 101 352 609 615 TAY010 STEVE TAYLOR a SON 101 352 609 615 T10010 T.R.O. ASSOCIATES INC 401 603 605 532 TO -BE PAID INVOICES 2:SSPM 01/10/95 PACE 5 INV. INVOICE PAYMENT BATCH TRAN NUMBER OESCRIftION AMOUNT NO. R-231-76 LAW ENFORCEMENT SVCS NOV 17875.16 T3 43 R-231-76 LAW ENFORCEMENT SVCS NOV 3268.32 T3 44 R-231-76 LAW ENFORCEMENT SVCS NOV 2604.80 T3 45 R-231-76 LAW ENFORCEMENT SVCS NOV 7038.80 T3 46 R-231-76 LAW ENFORCEMENT SVCS NOV 2699.60 T3 47 VENDOR TOTAL-38929.02 SL950004 CONT SVCS/TRAFFIC SIGNAL 5526.00 T4 62 VENDOR TOTAL 5526.00 B056 CONTRACT SVS/INITIAL CLE 700.00 T4 46 8057 CONTRACT SVS/REPAIR _SPRI 77.52 T4 47 8058 CONTRACT SVS/REPAIR SPRI 30.08 T4 48 0059 CONTRACT SVS/REPAIR SPRI 53.22 T4 49 8060 CONTRACT SVS/REPAIR SPRI 48.59 T4 50 8062 CONT SERVICES/LANDSCPE 950.00 T4 51 8061 CONT SERVICES/SPRINKLER 133.27 T4 52 0055 CONT SVCS/RE-GRADE/SEED 2628.50 T4 53 8241 CONT SVCS/LANDSCAPE 1450.00 T4 54 8242 CONT SVCS/PLANTS/LA FOND 208.60 T4 55 7867 CCNT SVCS/SPRINKLER HERA 62.85 T4 56 7668 CONT SVCS/SPRINKLER REPA 194.96 T4 57 VENDOR TOTAL. 6537.59 1722073 CHRISTAS POT LUCK. SUPPL 98.69 T3 48 VENDOR TOTAL 98.69 DEC 94 MILEACE/M SMITH 16.58 T3 49 VENDOR TOTAL 16.58 SCACEO MEMBERSHIP DUES 25.00 T4 45 VENDOR TOTAL 25.00 4101 COMP SVCS/CONST/SNR CNTR 6910.75 T4 59 VENDOR TOTAL 6910.75 05842862 GAS SERVICE NOV 94 671.23 T3 50 VENDOR TOTAL 671.23 04134681 PHONE SVC DEC 94 586.60 T3 53 VENDOR TOTAL 506.60 344 CLEAN LOT 4774-114-015 150.00 T3 54 337 CLEAN LOTS 4773-302-016/ 300.00 TJ 55 338 CLEAN LOP N MADISON/E AV 150.00 T3 55 350 CLEAN LOT N773-182-DO4 150.00 T4 59 340 CLEAN LOT N773-085-001 150.00 T4 60 VENDOR TOTAL 900.00 10433 DESIGN/SITEWORK SNR CNTR 325.00 T4 61 000065 ACCOUNTS PAYABLE - AP5003 CITY OF LA QUINTA VENDOR ACCOUNT NUMBER TOLOIO JODI K TOLLIVER 101 253 641 000 TRI010 TRI LAKE CONSULTANTS INC 401 604 605 532 vAL030 VALLEY OFFICE EQUIP INC 101 351 701 000 VIK010 VIKING OFFICE PRODUCTS 101 102 101 000 VIK010 VIKING OFFICE PRODUCTS 101 451 701 000 VINOIO VINTAGE LANDSCAPE MAINT 101 454 521 632 WAL010 WAL MART STORES INC 101 353 619 649 W7S010 WASTE MANAGEMENT OF DESRT 101 251 615 000 WEL010 WELCH'S UN IFOR RENTAL 101 357 609 634 ZLPO10 Z 4 L PAVING 401 605 609 553 TO -BE PAID INVOICES 2:58PM 01/10/95 PAGE 6 INV. INVOICE PAYMENT aATCH TRAN NUMBER DESCRIPTION AMOUNT NO. VENDOR TOTAL 325.00 8/16 - 1 MILEAGE/J TOLLIVER 89.4E T3 57 VENDOR TOTAL 89.44 11351 PHASE V/ST L DRNS/CONT S 6528.00 T4 63 VENDOR TOTAL 6528.00 163139 COPIER MAINT 57.00 T3 58 VENDOR TOTAL 57.00 894381 OFFICE SUPPLIES 165.95 T3 59 903253 DESK PAD 17.14 T4 64 VENDOR TOTAL 183.09 3143C CONT Svcs/LANDSCAPE 10987.19 T4 65 VENDOR TOTAL '0987.19 640488fi BATTERY 67.84 T4 66 VENDOR TOTAL 67.84 256828 PORTABLE TOILETS/JAN 95 145.55 T3 60 VENDOR TOTAL 145.55 35713122 MATS 35.95 T3 61 VENDOR TOTAL 35.95 1934 CONST/AVE 50 - EISENHOWE 1897.99 T4 67 VENDOR TOTAL 1097.99 TO -BE PAID - PAYMENT TOTAL 307,481.34 000066 ACCOUNTS PAYARLE - AP5003 CITY OF LA QUINTA VENDOR ACCOUNT NUMBER COA080 COACHELLA VALLEY WATER 401 603 609 553 LAQ040 LA QUINTA CHAMBER COMMERC 101 101 637 000 LAQ040 LA QUINTA CHAMBER COMMERC 101 401 637 000 PER005 P E R S PER005 P E R S 101 000 220 000 101 000 219 000 TO -BE PAID INVOICES INV. IRVOICE NUMBER DESCRIPTION 11:41AM 01/06/95 PAGE 1 PAYMENT BATCH THAN AMOUNT NO. WATER METER INSTALL/EISE 800.00 T4 7C VENDOR TOTAL 800.00 MAYOR'S BREAKFAST 20.00 T4 68 MAYOR'S BREAKFAST 10.00 T4 69 VENDOR TOTAL 30.00 REGULAR PERS P/R 12/30/9 13520.83 T4 66 PERT SURVIVOR BNFT 12/30 47.43 T4 67 VENDOR TOTAL 13568.26 TO -BE PAID - PAYMENT TOTAL 14,398.26 10 000067 ACCOUNTS PAYABLE - AP4002P TO -BE PAID INVOICES 3:37PM 01/04/95 CITY OF LA QUINTA PROOF. LIST PACE 1 VENDOR# NAME/ PAY DATE PO No./Line No. PROJECT INV DATE ENCUME. PAYMENT CLS BAT TRN INV#/REFR. DESCRIPTION GEN LEDGER I - TITLE AMOUNT AMOUNT NO. NO. ROS010 ROSENOW SPEVACEA CROUP 01/04/95 01/04/95 0.00 2560.00 N T2 1 POSTAGE/MAILING/PUBLIC HEARING 405 902 603 000 - Contract Svcs -Consultant ROS010 ROSENOW SPEVACER GROUP 01/04/95 01/04/95 0.00 640.00 N T2 2 POSTAGE/MAILING/PUBLIC HEARING 245 903 603 000 - Contract Svcs -Consultant PAYMENT TOTAL 3,200.00 11 000068 ACCOUNTS PAYABLE - AP5003 CITY OF LA QUINTA VENDOR ACCOUNT NUMBER 8YRO10 COLS M BYRD SHERIFF 301 000 221 000 CAL050 STATE OF CALIFORNIA 101 000 221 000 CJPO10 CJ PHOTOGRAPHY 101 101 703 000 CLEOSO CLERK OF SUPERIOR COURT 101 000 221 000 CVJO10 C V J P I A 101 000 239 000 EME050 E74FLOYMENT DEVELOPMENT 101 000 215 000 PETO10 PETTY c&sH/CITY LA QUIRTA 101 355 637 000 PiT030 PETTY CASH/CITY LA QUINTA 101 151 641 000 PET010 PETTY CASH/CITY LA QUINTA 101 153 645 000 PET010 PETTY CASH/CITY IA QUINTA 101 153 703 000 PET010 PETTY CASH/CITY LA QUINTA 101 201 703 843 PETO10 PETTY CASH/CITY LA QUINTA 101 102 537 000 PETOID PETTY CASH/CITY LA QUINTA 101 151 641 000 PET010 PETTY CASH/CITY LA QUINTA 101 151 641 000 PET010 PETTY GASH/CITY LA QUINTA 101 151 637 000 PET010 PETTY CASH/CITY LA QUINTA 101 101 637 000 PETO10 PETTY CASH/CITY LA QUINTA LO1 201 637 000 RIV040 RIV CNTY DISTRICT ATTORNY 101 000 221 000 TO -BE PAID INVOICES 2:48PM 01/04/95 PAGE 1 IRV. INVOICE PAYMENT BATCH TRAM NUMBER DESCRIPTION AMOUNT NO. EMPLOYEE GARNISHMENTS 535.48 T1 17 VENDOR TOTAL 535.48 EMPLOYEE GARNISHMENTS 554.55 Ti 15 VENDOR TOTAL 554.55 2693 PROMOTIONAL PHOTOS 135.77 Ti 12 VENDOR TOTAL 135.77 EMPLOYEE GARNISHMENTS 400.00 Ti is VENDOR TOTAL 400.00 389640DE LONG TERM DISABILITY 1491.00 TI 14 VENDOR TOTAL 1491.00 932-0353 STATE INCCME TAX WITHREL 2736.61 T1 13 VENDOR TOTAL 2736.61 PETTY CASH REIMBURSEMENT 33.00 T1 1 PETTY CASH REIMBURSEMENT 47.52 T1 2 PETTY CASH REIMBURSEMENT 11.30 Ti 1 PETTY CASH REIMBURSEMENT 166.37 T1 4 PETTY CASH REIMBURSEMENT 52.72 Ti 5 PETTY CASH REIMBURSEMENT 55.00 Ti 6 PETTY CASH REIMBURSEMENT 63.36 T1 7 PETTY CASH REIMBURSEMENT 39.52 T1 8 PARTY CASH REIMBURSEMENT 9.50 T1 9 PETTY CASH REIMBURSEMENT -11.00 T1 10 PETTY CASH REIMBURSEMENT -11.00 T1 11 VENDOR TOTAL 456.29 EMPLOYEE GARNISHMENTS 723.00 Ti 16 VENDOR TOTAL 723.00 TO -BE PAID - PAYMENT TOTAL 7,032.70 12 W0 619 T4ht 4 v " AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 17, 1995 ITEM TITLE: Approval of Overnight Travel for the Deputy City Clerk to Attend AT&T Tele- communications Training January 22-27, 1995 RECOMMENDATION: Approve the request for overnight travel. FISCAL IMPLICATIONS: BUDGETED in Account 4130-117-000 ESTIMATED cost of the training is as follows: Lodging $ 600 Meals $ 245 Transportation $ 65 Misc. (tips, phone calls, etc) $ 50 Total $ 960 BACKGROUND AND OVERVIEW BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Training by AT&T is necessary in order to administer the City's telecommunications system. Providing in-house administration of the City's system allows staff to make necessary program changes immediately that would otherwise necessitate placing a call to AT&T and being scheduled for service and charged accordingly. The Deputy City Clerk I (Toni Brown) is currently maintaining the system while training the Deputy City Clerk (Phyllis Manley). In order to assure full and complete coverage of these responsibilities, we need to have at least two persons trained and certified. FINDINGS AND ALTERNATIVES 1. Approve the requested overnight travel. 2. Deny the requested overnight travel. AUNDRA L. JU fl 0 LA �© Administrative Services Director 4Qu&Z AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 17, 1995 ITEM TITLE: Approval of Overnight Travel For Parks and Recreation Commission to Attend the California and Pacific Southwest Recreation and Park Conference in San Jose, California, March 2-5, 1995 RECOMMENDATION: Approve the request for overnight travel. FISCAL IMPLICATIONS: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: The cost for attendance was budgeted in Account 101-251-637-000. The cost for attendance is $750 per person. Cost includes airfare, lodging, and conference fees. Conference costs were budgeted in the FY 94-95 budget approved by Council. O 3-10111• i 1 The California and Pacific Southwest Recreation and Park Conference addresses the needs of youth, seniors, adults, and disabled in all areas of community recreation. Its purpose is to increase awareness and skills of recreation professionals in areas of programming, management, marketing, and employee involvement through workshops, lectures, and interactive sessions. 0 Z FA 1. Approve the request for overnight travel; or 2. Deny the request for overnight travel. Attachment 1: Pages from CPSRPC Brochure B HLEN PARK RECREATION DIRECTOR 000071 CC.0o1 ATTACHMENT 1 CALIFORNIA AND PACIFIC SOUTHWEST RECREATION AND PARK CONFERENCE MARCH 2-5. 1995 SAN DOSE/MCENERY CONVENTION CENTER CO -SPONSORED BY CALIFORNIA PARK AND RECREATION SOCIETY NATIONAL RECREATION AND PARK ASSOCIATION UQiK(LS \ t0 I�slt�' oot jKto 0 P41e14 19956aljoeva4aJPaeifie &ti✓artPeareaeAfaeAParfCuafj enoe 8:45 a.m. Sunday sessions continued from previous page "Unite As One" Redirecting and Empowering Teens t/eRt,�/fawi� f/Ir Focus on creative uti Iization of commu- nity resources such as local athletes, enter- tainers, social organizations and commu- nity leaders to enrich the lives of teens and implement alternative ways of becoming successful young adults. Jesse Washington, Conejo Recreation and Park District Audree V. Jones -Taylor, City of San Ber- nardino Patricia Pennington, County of San Ber- nardino Teen Free Friday Night r/e.GfllrAIXI r a/ CEU TRACK A successful late -night teen program provided through the col- laboration of public and non-profit agen- cies. Learn the methods and problems in organizing the partnership and program. James Pekkain and Dr. James Manager, City of Rohnert Park Jennie Dulberg, Rohnert Park YMCA Cecelia Belle, Sonoma County Associ- ates for Youth Development G',(tce�igoatr o�ritepregrarr�or roo,tir 106464e 4W 41 aoorpw ,rwkr tirres, w�ie� are ra%ed es darge. FRI SAT SUN smtfl�je( Froack 111110 .�'e riar I Pro�ra,"',wiag/ I Doug Bal>~er ce'ra-'e Afifatica/<SPorts BatsiaMlf Fun & Fitness Exercise for Seniors It's All Our Fault Intergenerational Dialogue Workshop You and Your Aging Parent Beyond Middle Age Planning Grandparents Raising Grandchildren Planning for the Age Wave Violence in Youth Sports: A Prevention Program National Alliance for Youth Sports Time for Fun! Time for a Festival! Cultural Programs in Parks: A Key to Successful Partner- ships New "Wave" in Public Pools Privatizing Sports: Good or Bad? Swimming Pools Can Be Profit Centers Impress in Print: Successful Activity Guides Youth and Teen Program Share Faire Divide & Conquer: Special Event Plan-ning Classes in Public Schools For Credit & Profit! CONTINUING EDUCATION UNIT TRACK FRIDAY ADA: Recommendations of the ATBCB's Committee on Outdoor Recreation Comprehensive Community Services: Picking Up the Pieces Fun & Fitness Exercise for Seniors Fund Raising & Public Relations, Part I & II How To Deal with Difficult People Ignorance of the Law is No Excuse Laughter, Play & Adventure Master Plan Your Entire Park System Staff Training: In or Out of House Time for Fun! Time for a Festival! Calif.: The Bermuda Triangle of P&R Dept. Fund Raising & Public Relations (Part I & III Re -Engineering: What Is it? Shared Savings Re -Inventing Government: Really! Fundamentals of Pri-vate Foundation Grant Writing Recreation Can't Be Cut Says City Mgr. Prove It! Recreation is Essential Change Is In Administrators Roundtable Serving the Poor in an Enterprise System more CEUs on the next page 000073 1995(ai."br,ra ara'PlnrlcYd-(Afwert Alec" a( on an�Ya..t'('�,rfie�e nee %�zqe 15 QtQ 61a1'Ge f 81G/r�e8 P�6eA;G �ls s� ardPar,�r Trail Planning for Rec- reation & Transportation Master Plan Your Entire Park System Skate Parks: Fact & Fiction Graffiti Can Disappear With MAGIC ISTEA: Funding for the Future & the 95-96 Cycle ADA: Recommendations of the ATBCB's Committee on Outdoor Rec-reation So, Now You're Con- tracting Landscape Maintenance Safe Parks: A Low -Cost Approach Managing Water in Parks Park Maintenance Contract Administration How You Can Adopt Your Community Fundamentals of Producing Master Plans in House And the Winners Are... How To Deal With Difficult People Skills for Leadership Taking Empowerment to the Streets New Member and Con- ference Orientation Recharge Your Self -Esteem Batteries Ethics in a Changing Profession Dealing with Creative People (Even Yourself) Public Speaking: Fear Not! Research Symposium Phoenix Rising Effective Advocacy Working Legislatively for Success CPRS Focus on Legislation Park and Recreation's Role in Public Safety Calif. Healthy Cities Protect T e vpearle I A/r,* J0I' a A0e6Pe 6t 1N e4d r e Comprehensive Community Services: Picking up the Pieces Laughter, Play and Adventure! Disabilities to Abilities in Recreation Participation Part A Disabilities to Abilities in Recreation Participation Part B Youth & Wheelchair Sports: Roll With It Ignorance of the Law Is No Excuse Partnerships for At -Risk Youth Development Staff Training: In OurOutof House Full Court Press Against Crime Motivating Staff Unity for the Future 10 Steps to Effective Work Teams Innovative Partnerships: The Best for Kids Quality Management forthe 71h Generation Operation Teamwork You Scratch My Back... You Can Become Effective Rebuilding Urban Parks: Building Community Consensus Employee Involvement Strategies Creative Arm Twisting CONTINUING EDUCATION UNIT TRACK SATURDAY FYI-IYF Program Ideas Understanding Youth -at -Risk for Successful Involvement Fundamentals of Private Foundation Grant Writing Recharge Your Self -Esteem Batteries Dealing with Creative People (Even Yourself) Public Speaking: Fear Not Disabilities to Abilities in Recreation Participation Part A & B Beyond Middle Age Planning Oad QKa FRAr/G/" Youth At Risk: What's New? Youth Gangs in Calif.'s Future Recreating Family Unity Through Leisure Successful Strategies to Serving Latino Youth Developing a Youth Masle Plan Understanding Youth-At-Ris for Successful Involvement Innovative Youth Program Offered Through Ou Profession Pro -Teen Programs: Mini mizing the Headaches Shaping the Future: Tee Program Excellence Tomorrow's Decision Maker Today! Youth Menloring:2 Successfc Models FYI-IYF Program Ideas fc Families Teen Free Friday Night Unite as One: Redirecting and Empowering Teens Youth Mentoring: 2 Successful Models Impress in Print: Successful Activity Guides Innovative Youth Programs Offered Through Our Profession Operation Teamwork Prove It! Recreation is Essential Research Symposium or Research Briefs Part I SUNDAY Teen Free Friday Night Youth & Wheelchair Sports: Roll With It Fundamentals of Producing Master Plans In House 000074 18 ass P'ar4 REGISTRATION FORM Only one registrant per form. Instructions on opposite page are an important part of this form. 1. PLACE MAILING LABEL FROM COVER HERE OR NAME MEMBER # AGENCY ADDRESS CITY/STATE/ZIP 2.UPDATED ADDRESS? ❑ YES O NO L First name for your badge if different from mailing label 4 Spouse/Youth Registration (if attending) Name for badge 5. Special Assistance ❑ Please check here if you require special assistance to maximize your participation. Telephone 7 Mail confirmation to (if different than #1 ) 8. Registration Fees: All PRE -REGISTRATION forms with fees must be postmarked by December 27, 1994. Please check ALL applicable boxes Register by Register by After 9 Membershilj Category 10. Conference Registration Category 12/2/94 1/27/95 1/27/95 ❑ CPRS ❑ Member $145 $175 $195 ❑ CAPRCBM ❑ Non -Member $290 $350 $410 ❑ NRPA ❑ Non-Member/Agency $235 $295 ❑ Other State Member ❑ Student Member $ 70 $ 80 $ 90 ❑ Student Non -Member $145 $160 $180 ❑ Active Retiree Member $ 25 $ 30 $ 30 ❑ Spouse/Youth $ 35 $ 45 $ 45 Delegates interested in daily registration must register on site 1L Institute Fees - Thursday Only Please fill in the Institute Letter, Title and cost below. FULL DAY Cost $ CEU ❑ Letter Title MORNING Cost $ Letter Title AFTERNOON Cost $ Letter Title Institute Fee TOTAL $ 12. Payment: ❑ Check payable to CPSRPC Cl VISA ❑ MasterCard (payment MUST accompany form) Credit Card Number Expiration Date Cardholder's Name Cardholder's Address Cardholder's Signature TOTAL FEES Conference Registration (#10) $ Spouse/Youth (#10) $ Thurs. Institute Fees (#1 1) $ Prayer Breakfast ($15) $ CPRS Awards Reception ($22) $ All Conference Dance ($6) $ Fri. -Sun. CEU Track ($10) $ TOTAL DUE 0000 Mail forms to CPRS* P.O. Box 161118 • Sacramento, CA • 95816 Call (916) 446-2777. Conference delegates paying by credit card can FAX their registration to the CPRS office (916) 446-0285. Coov this form for additional reeistrants. 20 1995 C Itrifarria e4wwC A'eereaCraa aaG Yao t Cortereet e RESERVATION HOUSING FORM - CPSRPC PLEASE TYPE OR PRINT CLEARLY Complete one form for each room request. Copy additional forms if necessary. Occupant Name Sharing with ❑ Special request SEND CONFIRMATION TO Name Agency Address City/State/Zip Telephone FAX Arrival Date Departure March 2-5, 1995 - San lose. CA Reservations will not be processed without a guarantee. Type of Credit Card _ Expiration Date Credit Card Number_ Cardholder's Signature ❑ CHECK (must accompany form) Payable to SJCVB. FAX not accepted for payment by check. HOTEL PREFERENCE First Choice Second Choice Third Choice TYPE OF ACCOMMODATION (please check one) ❑ Single (1 bed, 1 person) ❑ Double 0 bed, 2 people) ❑ Double/Double (2 beds, 2-4 people)" ❑ Smoking ❑ Non -Smoking ❑ Requires special facilities in accordance with the ADA. CONFERENCE HOTELS Hotel C eck In Out SGL DBL TRP/ (UAD Add'Add'I Person Daily Parking *Hilton 3 1 S95 110 20 5 9 *Holiday Inn 2 N 90 90 100 10 FREE *Fairmont 3 1 105 11.5 - 25 $9.75 Hyatt 3 N 80 80 105 FREE Red Lion 3 1 97 97 97 FREE *St. Claire 3 N 1 80 95 Exec $105 S/ $8 *Within walking distance. "*Rates may be slightly higher for more than two guests in a room. NOTE: Rates are subject to a 10% occupancy tax. TRANSPORTATION Complimentary shuttle transportation is available from the San lose Airport to all conference hotels. Discounted Light Rail Passes will be sold for $1.65 per day to delegates staying at the Hyatt and Red Lion . ACCOMMODATIONS Guest room reservations at conference hotels are handled on a first -come, first served basis. Requests for guest rooms should be mailed to the San Jose Housing Bureau. Failure to receive your first choice does not constitute an error. The bureau will accept only written reservations. Please provide your FAX number for a FAXed acknowledgement. No telephone reservations will be accepted through the Housing Bureau. If accommodations are not available at the hotel of your choice, comparable reservations will be made at other hotels. GUARANTEED RESERVATIONS ONLY All reservations must be guaranteed at the time of your request to the housing bureau. Reservations will not be processed without a form of guarantee. You may do so by using a major credit card or sending an advance deposit of $75 with your housing form. Your credit card is only a form of guarantee. DEADLINES The housing bureau requests a reservation response no later than Thursday, Feb. 2, 1995. Any reservation forms received after the cut-off date will have reservations made by the bureau directly with any available hotel at the current rate. The bureau will then send a letter or FAX of acknowledgment. CHANGES & CANCELLATIONS To cancel or make changes to reservations, contact the housing bureau in writing only, up to the cut-off date of Feb. 2, 1993. All cancellations must be received by the assigned hotel at least 72 hours prior to arrival to avoid a cancellation fee. After Thursday, Feb. 2, 1995, changes can be made directly with the hotel. SUITES 000076 For suite reservations, contact Barbara Khuen at CPRS (916) 446-2777 before Jan. 12, 1995. SJCVB "FYI" (408) 295-2265, EXT 499 RETURN THIS FORM TO CPSRPC/HOUSING BUREAU, P.O. BOX 6299, SAN DOSE, CA 95150-9828 OR FAX (408) 293-3705 mod' 4 4�a AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 17, 1995 CONSENT CALENDAR: ITEM TITLE: Authorization of Overnight Travel for the Senior STUDY SESSION: Engineer to Attend the GIS and Computer Mapping PUBLIC HEARING: on Desktop Systems Class in San Diego, January 26-27, 1995 RECOMMENDATION: Approve overnight travel for the Senior Engineer to attend the GIS and Computer Mapping on Desktop Systems Class in San Diego, January 26-27, 1995. FISCAL IMPLICATIONS: The estimated cost for attendance to this class is $365. Funds for this amount are budgeted in the Travel and Meetings Account. BACKGROUND AND OVERVIEW: Attached is the information on the "GIS and Computer Mapping on Desktop Systems Class" offered by the Institute of Transportation Studies (Attachment 1). FINDINGS AND ALTERNATIVES: 1. Approve overnight travel for the Senior Engineer to attend this class. t approve overnight travel for the Senior Engineer to attend this class. 3. vi taff with ection. David M. Cosper, is Works Director 000077 PW.DC.950117(C) l ATTACHMENT 1 COMPUTER APPLICATIONS FOR TRANSPORTATION AGENCIES GIS ANDCOMPUTER MAPPING ON DESKTOPSYSTEMS* 111.e CEUI Emphasis on the use of desktop systems for basic mapping and GIS functions, Upon completion of the course, stu- dents would be able to assess the capabilities and limita- tions of desktop systems, the costs associated with devel- oping a GIS, and the future directions in the field of GIS and desktop mapping. Topics include: • Computer mapping and GIS functions • Capabilities and limitations of desktop systems • Hardware, software and data products avail- able for desktop mapping and GIS • Demonstrations of desktop systems SAMUEL S. TAFF, M.S. Lecturer and Research Engineer California Polytechnic State University, San Luis Obispo (course coordinator) WILLIAM DURBIN, M.B.A. Director of MIS NorCal Waste Management, Inc. DATES AND LOCATIONS: SAN FRANCISCO: October 20-21, 1994 UC Extension Computer Facility Market Street Annex 31N DIEGO: \ January 26-27,1995 National University Computer 4141 Camino Del Rio South (edp 486209) Thursday and Friday, 8 a.m.-5 p.m. (both sessions): check -in 7:30-8 a.m. FEE: $100 for employees of California's public agencies $230 for others om * This course is subsidized by the Cooperative Training Assistance Program (CTAP, see page 66 for more information). Enrollment is T " AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 17, 1995 CONSENT CALENDAR: SS ITEM TITLE: Rejection of Claim for Damages filed by Jan Webster, Date of Loss November 19, 1994 RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Reject the Claim for Damages filed by Jan Webster, date of loss November 19, 1994. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The attached claim (Attachment # 1) filed by Jan Webster, date of loss November 19, 1994, was forwarded to the Coachella Valley Joint Powers Insurance Authority (CVJPIA). The CVJPIA, as indicated in Attachment 2, recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The options available to the Council are: 1. Reject the claim; 2. Approve payment of the claim in the amount of $1 15.30. el Thomas �- Thomas P. Genovese, City Manager City Manager 000079 , . . FORM #1 (FRONT) Y FILE WITH: CITY CLERK'S OFFICE Y&A. CLAIM FOR DAMA( ATTACHMENT 1 r.v. av^ 1JWm TO PERSON OR PROPERTY CLAIM NO. LA QUINTAr CAL. 92253 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six S 0H fiN 8 06 months shot the occurrence. (Gov. Code Sec. 911.2.) 2. Claims for damages to real property must be filed not later than t year after the occurrence. (Gov. Code Sec. 911.2.) 4 • NI i A 3 Read enure claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. S. This claim form must be signed on page 2 at bottom. a. Attach separate sheen. It necessary, to give full details. SIGN EACH SHEET. TO: [Name of city] Dale of Birth f Claimant Name of Claima t �2�5 Occupation Claimant \ 1 3 Home Address of Claimant and Stilts '1'3-'5rl + Hoe Telephone Number m ' t -� ��ta � I -��._. 1 -4 L - 1 u Business Address of Claimant City and Slate Business Telephone Number Give address and telephone number to which you desire notices or communications to be 307 Claimant's Social Security No. regarding this claim: a 1` /Mr W ., liV When did DAMAGE INJURY occur? Names of any city employees involved m INJURY or DAMAGE Hof Time Dale (i� tble 11 claim is f r Epud ble Indemnity, give data claim nt served Indemnity. with the complaint: Den Where did DAMAGE or INJURY occur? Describe fully, and locale on diagram on reverse side of this sheet, where appropriate, give street names and address and meaauremems from landmarks: 901��`��..- chbe in detail how iho DAMAGE or INJURY occurred. ` ?, csyy� v � Lz �l r� C, Ct4 a---4 & Why do you claim the City Is responsible? rr / Describe in detail each INJURY or DAMAGE ^ �� SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 000080 FORM #1 (BACK) The amount claimed, as of the date of presentation of this claim. Is computed as follows Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ............... ...... Expenses for medical and hospital care Loss of earnings`"-"�... ...... Special damages for .. ..................... General damages ......................... . .. $ Future expenses for medical and hospitat care . S I Future loss of earnings. . S Other prospective special damages Ste\ Prospective general damages ..... ........ Totastimate prospective damages . S $ S $ S 'Iblal damages incurred to date .. . _ . , . .... S lK Total amount claimed as of dale of presentation of this a m: § (E5r3U Was damage and/or iniury investigated by police? f "C If so, what city? Were paramedics or ambulance called?A la _II so. name city or ambulance If injured, state date, time. name and address of doctor at your first visit WITNESSE to DAMAGE or IN URY: List all persons and a ress I�persons kit a to have information: Nama__C,q___ a1LrlL.Address.,1_ o.n Ul�Lay �,ycns Name_ YilAddress t� r�, Phone Name Address Phone OOCTOIkS and HOSPITALS; Hospitah �'� A 1 i-, ), Address �� i_ t',� `. f �n Date Hospitalized Doctor v ti44cl...Address — Oafs of Treatment Doctor Address = Date of Treatment READ CAREFULLY For all accident claims place on following diagram names of Streets, or your vehicle when you tint saw City vehicle; location of City vehicle including North, East. South, and West: indicate place of accident by al time at accident by "A-1•' and location of yourself or your vehicle at "X" and by showing house numbers or distances to street corners. the time of the accident by " S-1" and the point of impact by " X:' If City Vehicle was involved, designate by letter "A" location of City NOTE: If diagrams below do not fit the situation, attach hereto a proper Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant. CURB Signature of Claimant or person filing on his behalf giving relationship to Claimant: FILED WITH CITY CLERK (Gov. Code SIDEWALK SIDEWALK Typed Name: CURB rl Oaf*: 9115a). Presentation of a false claim is a felony (Pen. Code Sea 72.) t�(A f ATTACHMENT 2 December 22, 1994 Pamela LiCalsi Assistant to the City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 INSURANCE AUTHORITY we t94 JAN 5 PM 1 pin CITY OF LA QVINTA CITY MANAGER'S OFFICE RE: Webster, Jan v. City of La Quinta Date of Loss 11/19/94 Our File Number LQ 95-06 Dear Ms. LiCalsi: We are in receipt of the above -captioned claim filed with the City of La Quinta by claimant Jan Webster. We request that you take the action indicated below: CLAIM RESECTION: Written rejection of claim by Title of Hoard in accordance with Government Code Section 913. LATE CLAIM: Do NOT reject claim but RETURN it for failure to file within time limit pracribed in Government Code Section 911.2. Transmittal NOT to contain "WARNING" required by Section 913, but should advise that the recourse to file "Application for Leave to File Late Claim" as provided in Government Code Section 911.4. This must be returned within 45 days of the date claim mailed or delivered. [ ) INSUFFICIENT CLAIM: Send notice of insufficiency for failure to comply with Government Code Section 910 and/or 910.2 and/or 910.4 and cite the following specific insufficiencies: This must be rent within 20 days of your receipt of clam. ( ) AMENDED CLAIM: Reject claim as set forth in first paragraph above, CLAIM REJECTION. ( ) APPLICATION FOR LEAVE TO FILE LATE CLAIM: Reject the Application under Government Code Section 911.S. [ ) OPERATION OF LAW: Defer any written response pending our further advice. If you have any questions, please contact the CVJPIA office. Ve ly yours, Dennis Molloy - Claims Manager DMM/lc c: Thomas Genovese, City Manager 73-710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260 (619) 341-0492 FAX (619) 340-5949 T4ht 4 QK&M AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 17, 1995 ITEM TITLE: Approval of Agreement with Riverside County Office on Aging for Funding RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Agreement with Riverside County Office on Aging for Information and Assistance Program funding be approved and authorize the Mayor to execute same. FISCAL IMPLICATIONS: In accordance with the contract, the City is reimbursed on a "unit rate" basis for the provision of an Information and Assistance Program in an amount up to $4,681 for a six month period beginning January 1, 1995 and ending June 30. 1995. The grant funding is currently budgeted in the FY 1994/95 Budget. BACKGROUND AND OVERVIEW The contract provides funding for the Senior Center's Information and Assistance program in an amount up to $4,681. The Information and Assistance Program is provided Monday through Friday, 8:00 a.m. to 5:00 p.m. at the La Quinta Senior Center. Information and Assistance services generally require 3-4 hours per week in response to referrals and requests. The goal of the program is to improve the well-being of older persons in our community. This contract has been in place with the County for several years. FINDINGS AND ALTERNATIVES Approve the agreement with the Office on Aging for Information and Assistance Program funding be approved; or 2. That the agreement with the Office on Aging for Information and Assistance Program funding not be approved and that the program be totally funded by the City. SAUNDRA L. OLA Administrative Services Director a000ss RIVERSIDE COUNTY OFFICE ON AGING December 8, 1994 F "`: DEC J 3 TO: Saundra L. Juhola, City Clerk �. City of La Quints FROM: Annette Green, Contracts Manager SUBJECT: First Amendment - FY 1994/95 Contract for Funds Enclosed for your review and signature is the First Amendment to your Contracts for Funds for the provision of Information and Assistance through June 30, 1995. Enclosed are budget pages and a your scope of service that are to be completed and returned to the this Office along with the additional signature pages. During the remaining six months of this FY 94/95 contract period, we will contract with the City of La Quinta for Information and Referral only as the demand for these activities (according to Marilyn Smith) exceeded the need for Follow-up and Outreach. This Amendment will increase funding for these activities during the period January 1 - June 30, 1995 by: Information - $1,296 / 72 Units @ $18.00 ea. Referral - $1,045 / 58 Units @ $18.00 ea. As a result of the above, the total FY 94/95 annual allocation for the City of La Quinta will be: Follow-up - $ 396 Information - $2,376 Referral - $1,693 Outreach - $ 216 Total $4,681 Again, please complete the budget pages and return a copy to this Office along with the required signature pages. Should you have any questions regarding this Amendment, don't hesitate to contact me or Karen Leland. CC: Marilyn Smith, Sr. Center Coord. (w/encl) 000084 aWest County Office ❑ East County Office ri_96 Riccrcrest Drive. aK George Telisman, Director 73750 Catalina Wa'% Riverside, CA 92507 1$00 400 4664 (Toll Free) Palm Desert, CA 9,)'))(iU (909) 6974607 (01.))'.3,11-o.1 ()l rnnm W171160A - FHY T.D.D. # (909) 697-4699 (619) 3.10-9585 - fax I PURPOSE AND SCOPE OF SERVICES SPECIFIC SERVICE CONTRACT REQUIREMENTS (January 1 - June 30, 1995) PROGRAM SPECIFICATIONS A. Program #1 - Information and Assistance 1. Goal - To link older persons who need assistance to the appropriate service(s). 2. Definition - A service for older individuals that provides: (1) current information on opportunities and services available to the individuals within the communities; (2) assessment of the problems and capacities of individuals; (3) linkage of the individuals to the opportunities and services that are available; and, (4) appropriate follow-up on referral with the client or organization to ensure that the needed service(s) was received. B. Unit of Service #11: Follow-up To determine the outcome of a referral by contacting the client and/or the organization to which he/she was referred. 1. Unit Measurement: One follow-up 2. Units of Service/Clients Served: a. Units of Service to be Provided Under Contract: b. Unit Rate: C. Number of New Clients to be Served: d. Number of New Minorities to be Served: e. Number of Clients in Target Groups: C. Unit of Service #16: Information N/A 11 To give information about resources, programs, and services. (Does not attempt to facilitate appointments or other arrangements between the client and service provider.) 1. Unit Measurement: One client served - 1 - 000085 2. Units of Service/Clients Served: a. Units of Service to be Provided Under Contract: 72 b. Unit Rate: $18.00 C. Number of New Clients to be Served: 54 d. Number of New Minorities to be Served: 5 e. Number of Clients in Target Groups: 54 D. Unit of Service #19: Outreach To provide information and encouragement about existing services and benefits to individuals. Primary outreach activity will be on a one-to-one basis, except when specifically targeted group presentations are deemed more appropriate for a particular outreach need. In such cases, the service provider shall assure that all participants will be counted in this unit. 1. Unit Measurement: one client served 2. Units of Service/Clients Served: a. Units of Service to be Provided Under Contract: N/A b. Unit Rate: C. Number of New Clients to be Served: " d. Number of New Minorities to be Served: " e. Number of Clients in Target Groups: " E. Unit of Service #23: Referral To screen inquirers to identify needs and appropriate resources, indicating organizations capable of meeting those needs; to help callers for whom services are unavailable by locating alternative resources, and, if necessary, to actively participate in linking the inquirer to needed services. 1. Unit Measurement: one client served. 2. Units of Service/Clients Served: a. Units of Service to be Provided Under Contract: 58 -2 000086 I .4 1: b. Unit Rate: $18.00 C. Number of New Clients to be Served: 44 d. Number of New Minorities to be Served: 4 e. Number of Clients in Target Groups: 44 II. INTAKE/SCREEN FORMS Contractor must use the uniform "Intake/Screen" form, Exhibit D, for each person served, and take appropriate measures to ensure their confidentiality. III. STAFFING PLAN Attach, as Exhibit E, an organization chart and job descriptions for key paid and volunteer staff. Describe how non-English speaking clients will be served and what training will be available to staff. IV. PLAN OF ACTION Briefly answer the following questions about the program/services to be provided under this Contract. If you use additional pages, please repeat the question(s) with your answers. A. Describe the day-to-day activities you will undertake to provide this service, i.e., how you will reach out to specific neighborhoods, how you will handle referrals, record keeping, etc." Day to day activities consist of an intensive and informative R&I Program, giving information about resources, programs and senior services available. Pertinent client information is transferred to cards filed alphabetically by client name, creating a cross re- ference by name and month served, should further information be required. Follow-up calls are made when deemed necessary. B. Hours/days of operation: I&R is available Monday through Friday, 5:00 A.M. to 5:00 P.M. C. Describe the geographic area your program will serve: The geographic area covered by this program includes all of the Coachella Valles, as seniors call for information from throughout the area. - 3 - 00008 D. Describe how you will find and serve, or involve members of target population groups: We target our senior groups by providing the Center's activity calendars and information about the Center to senior housing projects, mobile home parks and other agencies. We encourage managers of senior develop- ments and agency directors to have seniors contact the Center for any information they may require. E. Describe how you will coordinate your program with other senior services providers in your community, i.e., transportation, housing, health providers, churches, civic groups, etc.: We coordinate with all agency service providers, display their current brochures and provide pertinent information regarding senior services. If there is not a local agency that can provide a needed service, we contact other agencies in Riverside County, including the Office on Aging. F. Include other pertinent\unique information about your program: In order to coordinate I&F with current services provided, staff attends 95% of the Office on Aging Coachella Valley Aging Services Networking Meetings which keeps us in contact with local and county agencies on a personal basis. Networking is also done through various other meetings with regard to senior transportation, housing, health providers and civic groups working in the geriatric fields. - 4 - EXHIBIT C-1 PROGRAM BUDGET CONTRACTOR: CITY OF LA OUINTA CONTRACT #: 0521 PROGRAM: Information and Assistance FOR PERIOD• January 1 1995 through June 30, 1995 arr,rTVTTY 1_ INFORMATION COST CATEGORIES AND LINE ITEMS CASH MATCH IN -KIND MATCH OTHER INCOME CONTRACT FUNDS TOTAL COSTS 1. Personnel 1380. 560. 1296. 3236. 2. Travel 3. Equipment 4. Other Telephone 370. 370. TOTAL 1750. 560. 1,296 3606. ACTIVITY 2. REFERRAL COST CATEGORIES AND LINE ITEMS CASH MATCH IN -KIND MATCH OTHER INCOME CONTRACT FUNDS TOTAL. COSTS 1. Personnel 1740. 153. 1045. 2938. 2. Travel 3. E ui ment 4. Other Telephone 130. 130. TOTAL 1870. 153. 1,045 3068. f. f.T 1\.1TV i COST CATEGORIES AND LINE ITEMS CASH MATCH IN -KIND MATCH OTHER INCOME CONTRACT FUNDS TOTAL COSTS 1. Personnel 2. Travel 3. Equipment 4. Other TOTAL COST CATEGORIES AND LINE ITEMS CASH MATCH IN -KIND MATCH OTHER INCOME CONTRACT FUNDS TOTAL COSTS 1. Personnel 2. Travel 3. Equipment 4. Other TOTAL -LEE] 000089 BUDGET' JUSTIFICATION CONTRACTOR: CITY OF LA QUINTA PROGRAM: Information & Assistance ACT=Y: Information *CASH *IN -KIND *OTHER CONTRACT MATCH MATCH INCOME FUNDS TOTAL PERSONNEL Program director Super vision & Training of out reach workers. 115 hrs x $ 12. 1380. Volunteer Workers 7 vols. 1296. 22 hrs x 6 mthr 132 hrs 560. 3236. TRAVEL EQUIPMENT OTHER Telephone -.Senior Center $ 740. 4 for Outreach. 370. 370. TOTAL 1750. 560. 1,296 3606. *DESCRIBE SOURCES: Cash Match Personnel & Telephone Expense Amt. $ 1750. Amt. $ In -Kind Match Volunteer Personnel Amt. $ 560. Amt. $ Page 2 000090 BUDGET1USTU ICATION CONTRACTOR: CITY OF LA QUINTA PROGRAM: Information & Assistance ACTIVITY: Referral *CASH *IN -RIND *OTHER CONTRACT MATCH MATCH INCOME FUNDS TOTAL PERSONNEL Program director Super - vision & Training of Out reach workers, 145 hrs x $ 12.= 1740. 1045. Volunteer Workers 7 Vols.-6 hrs x tt x 153. 2938. TRAVEL EQUIPMENT OTHER Telephone - Senior Center $ 260. - } for Outreach. 130. 130. TOTAL 1870. 153 . 11045 3068. *DESCRIBE SOURCES: Cash Match Personnel & Telephone Expense In -Rind Match Volunteer Personnel Page 2a Amt. $ 1870. Amt. $ Amt. $ 153. Amt. $ 000091 r .�44 STAFFING PLAN At the present time, the Senior Center Coordinator is the only Outreach personnel, (staff), therefore, an organization chart and job description for key paid and volunteer staff does not apply. Non -English speaking clients are served by several bi-lingual volunteers from the community that can assist at the Senior.Center and, if necessary accompany the Senior Center Coordinator in the field. A Title V worker assigned to the Senior Center is bi-lingual and is available to assist with I & R twenty hours per week. Volunteers are trained at the Senior Center using Office on Aging guidelines; explaining the purpose of the program, their responsibilities of confidentiality and assistance to the senior through the various agencies, should this assistance be required. 000092 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 25 FIRST AMENDMENT TO CONTRACT FOR FUNDS BETWEEN RIVERSIDE COUNTY OFFICE ON AGING AND CITY OF LA QUINTA Change Item 5. TERM, to read: The term of this Agreement for the services to be provided under Exhibit A=1 shall be for the period commencing July.1, 1994, and terminating on June 30, 1995, unless sooner terminated as provided in Paragraph 5 herein. No services shall be provided, monies earned, nor reimbursements made prior to this effective date. An amended Exhibit A and Exhibit C-1 are attached hereto and incorporated herein. All references in the Agreement to these Exhibits shall henceforth refer to the attached Exhibits. All other provisions of the Agreement remain the same. DATE! COUNTY OF RIVERSIDE By Purchasing Agent "COUNTY" CITY OF LA OUINTA By Title "CONTRACTOR" 000093 T4ht 4 46 Q" COUNCIL/RDA MEETING DATE: Date: January 17, 1995 ITEM TITLE: Approval of Final Map and Subdivision Agreement and Acceptance of Rights of Way and Easements for Tract 28019 - Williams Development RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Contingent upon receipt of improvement securities, approve the final map and subdivision agreement for Tract 28019 and accept dedications of rights of way and easements. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Known as "The Seasons", this tract is located on the north side of Calle Tampico, east of Desert Club Drive (Attachment 1). The proposed land division provides lots for development of Specific Plan 94-024 which consists of 60 single-family residential units and 91 senior -housing rental units. The Redevelopment Agency has agreed to provide loans from "low/mod" housing funds to assist in the cost of required infrastructure improvements up to established maximum amounts. The subdivision agreement sets security amounts at a level sufficient to complete improvements if actual costs exceed RDA participation. FINDINGS AND ALTERNATIVES: The developer has provided a final map in accordance with the specific plan and an executed subdivision improvement agreement (Attachment 2). Alternatives are: 1. Approve the final map and subdivision improvement agreement, contingent upon receipt of improvement security, and accept the rights of way and easements conferred by the map. 2. Deny approval based on a finding that the final map does not substantially comply with the tentative map. U2 L David M. C64pff, Publi Works Director 000094 FB/fb Attachment 1 Tract 28019 `\111 1 _ _ "., 1 i>N C� RIs en -\ �? 9�ti T) 1 gyp' 3 LOT Oil Z - /r -]4 1 �.n ay_ •`�5'3�y \a to � T�:P� oawA.eR ..ferrnr en.w— � s T ' �-� - �^ ®S eq{9®• ,� r t_ . 4F OaA' s L_r Tu.NCCO Not �\\��]i �_ ,g••��' ,;l-i�\ a ;y®�71©31� _,,+ xr ,J� �. �- Part . School ,p Site /\' ® a® e0 PAIICEI. HAP9i%,�® :�i� i2%)i�a•PO \hl 1 Lot I U 7.702 .cres F— -' i ry U ' — r 8 L — _ — — 7 Crry oiF LA QUINTA ATTACHMENT #2 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (the 'Agreement') is made and entered into this day of . 19 , by and between Williams Development Corporation, a Caifomia Corporation herainaf ter referred to as "Subdivider,' and the City of La Ouinta, a municipal corporation of the State of California, hereinafter referred to as 'City.' RECITALS: A. Subdivider has prepared and fled a final map (the "Tract Map') of a tract of land in the City of La Ouinta, County of Riverside, which tract is known as Tract No. 28019 (the "Tract') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the 'Subdivision Map Act'). B. Prior to approval of the Tract Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements") C. The requisite improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Revision of Plans. Subdivider shall, within thirty (30) days of City Council approval of the Tract Map, complete final corrections and revisions to improvement pans and submit for approval original plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed and described it the List of Improvements attached hereto as Exhibit 'A' and incorporated herein (the "Improvements"), and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. u • u, t A. As a condition of City Council approval of the Tract Map, Subdivider shall have furnished performance and payment securities to City as a guarantee of the completion of the Improvements, as set forth in Government Code Section 66499 et sec. One class of security to be provided by Subdivider, hereinafter referred to as "performance security,' shall assure the faithful performance of this Agreement including payment of associated plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as 'payment security,' shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "guarantee security.' shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. B. Subject to the approval of the City Engineer, security may be furnished in the form of (1) a deposit of cash or negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, with a responsible escrow agent or trust company, (2) bonds which are of the form specified in Section 66499.2 of the Subdivision Map Act and satisfactory in form and substance to the City Attorney and are executed by a corporation authorized to transact surety business in the State of California, (3) an instrument of credit from an agency of the state, (3) an instrument of credit from an agency of the state, federal, or local government when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements to be completed. or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the completion of the Improvements are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution, (4) a lien upon the Tract, created by contract between City and Subdivider, if City finds that i would not be in the public interest to require the installation of the Improvements sooner that two (2) years after the recordation of the Tract Map, (5) an irrevocable instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to carry out the agreements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by the City, and/or (6) an irrevocable instrument of credit issued by a financial institution subject to regulation by the state or federal government guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the City Engineer. and that such written demand need not present documentation of any type as a condition of payment. including proof of loss. Irrevocable instruments of credit specified in (5) and (6) hereinabove shall be issued by financial institutions having a Moody's Financial Service rating of 'A" or better and evidence of such rating shall accompany the instruments when submitted to the City for approval. The duration of any such bond or letter of credit shall be for a period of not less than one year from the execution of the Agreement or such longer period for completion of the Improvements, whichever is greater; further provided that the Subdivision Imprwamsn: Aarsemsnt - T,.t 29019 Pap 1 .14 00009F duration of such bond or letter of credit shall be extended to provide the performance security holdback - . provided in Secton 13 hereof. C. At securities shall be furnished in accordance with the provisions of Exhibit A. Separate security shall befumished for performance security and payment security. The amountof the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including paymwht of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative d the City Engineer. Pryment security shall equal Fifty Percent f50%) of the amount of performance security except as otherwise set forth in Exhibit A. City shall retain Ten Percent I10%) of the performance security for one (1) year following acceptance or approval of the Improvements to support the guarantee of the Improvements pursuant to Section 12 hereof. As part of the obligation secured by each of the performance security, payment security and guarantee security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing the obligations thereby secured. D. Certain Improvements required herein may be deferred for construction by others at a later date. Deferred improvements, if any, are identified in Exhibit A. Security furnished for deferred improvements shall remain in place until the deferred improvements are constructed and costs are known and shall guarantee the reimbursement by Developer of Developer's share of the cost of the deferred improvements. Upon written demand from City, Developer shall deposit cash with City in lieu of or in replacement of securities guaranteeing deferred improvements. 4. Permits Reouired- Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements required or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall'use its best efforts to purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may. but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement therefor in a form acceptable to the City Attorney. Such agreement shall provide that Subdivider wig advance City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property, with any unexpended funds refunded to Subdivider and any additional funds required for Cinf s acquisition paid by Subdivider upon the conveyance of such real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdividers obligation to construct the applicable Improvement pursuant to this Agreement or the conditions to approval of the Tract Map. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shag complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer as set forth in Exhibit A. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish to City securities, similar in form and substance to those required in Article 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to insure the performance of and payment for improvement work that remains incomplete at the time of the extension, and to provide guarantee security on completed improvements. 9. Survey Monuments. Before Thal approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and Section 13.20.100 of the City Subdivision Ordinance. Subdivider shall provide the City Engineer written proof that the monuments have been set and evidence of payment and receipt thereof by the engineer or surveyor setting of the monuments. 10. Aooroval of Improvements. At the completion of construction and prior to acceptance of the improvements by the city, Subdivider shall submit a request for final approval by the city. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors and any required construction quality documentation not previously submitted. Subdivision Improveerant Agreemaw - 7rect 28019 Page 2 of d 000097 Upon receipt of said request, the City Engineer or a duly authorized representative will review the construction quality doarnentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable city standards and specifications, and as provided herein, the City Engineer shall recommendapproval of private improvements and acceptance of public improvements by the City Council. t t. Revisions to Plate When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words 'As -Built' or 'As -Constructed,' the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans resubmitted to the City Engineer. 12. Improvement Guarantee. Subdivider hereby guarantees the improvements to City for a period of one (1) year, beginningon the date of final acceptance of all tract Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 66499.7 of the Subdivision Map Act and of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, it any, that may affect the amount of payment security released. 14. City Rieht to Crre. If Subdivider fails to perform any Obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty 160) days shall be deemed waived and all otter provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising ow of or in any way connected with Subdivider's performance hereinunder, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Tentative Tract Map Conditions of Approval for the Tract. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include conditions of the Tentative Tract Map Conditions of Approval for the Tract, which document is irxwrporated herein by reference, the provisions in the Tentative Tract Map Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 1 B. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated below their respective signatures. Notices personalty delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevaing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. subdvidon InWroveMOM Agreatoant - Tract 28019 Pager 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF LA OUINTA: Tom Genovese City Manager ATTEST: City SUBDIVIDER: ADDRESS: By: Title: By: Title: Approved as to Form: City Attorney Date Reviewed and Approved: City Engineer Date Subdivision Impnv. ent Agreement - Tract 28019 000099 Peg. 4 W 4 Exhibit A LIST Of IMPROVEMENTS AND SECURITY AMOUNTS - TRACT 28019 Except as otherwise provided herein, Subdivider shall furnish performance security and payment security prior to City Council approval of the final map. As elements of the work are completed, Subdivider may request a maximum of three partial releases of performance security. Requested releases will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & Matls Improvement Description Estimated Cost Security Grading* $0 $0 Domestic Water $260,688 $130,344 Sanitary Sewer 176,682 88,341 Underground Electric 286,000 143,000 Park/Basin (Walks, Lndscpg & Irrig.) 84,352 42,176 Basin Evacuation Pump & Pressure Line 109,000 54,500 Streets & Storm Drainage 717,400 358,700 Landscaping & Perimeter Wall 32,696 16,348 Tampico Median Island Reconfiguration 6,200 3,100 Tampico Median Island Lndscpg' 10,200 0 Tampico/Desert Club Signal 0 1.1 % share) 13,200 6,600 Survey Monumentation 11,220 0 Grading is complete. Tampico Median Island Landscaping is deferred for future construction by others and will be paid with City RDA low/mod housing funds participating in the cost of this project. No security is required of these improvements. Reauired Performance Security Improvements: $337,244 Monumentation: $11,220 Performance security for improvements shall be provided in lump sum. The lump sum shown is 20% of the cost of and may be used in whole or in part for any or all of the following improvements shown above: water, sewer, electric, park/basin, evacuation pump, streets & storm, landscaping & perimeter wall, Tampico median island reconfiguration, and Tampico traffic signal. Reauired Labor & Materials Security (from table above): $843,109 Labor & materials security may be provided in lump sum for all improvements or in specific amounts as shown in the table of improvements above. 000100 Tiht " AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: CONSENT CALENDAR: January 17, 1995 ITEM TITLE: STUDY SESSION: PUBLIC HEARING: Approval of Parks and Recreation Commission Work Plan RECOMMENDATION: Approve the Parks and Recreation Commission Work Plan as presented. FISCAL IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: The Parks and Recreation Commission is required by Ordinance to annually develop a work plan. The attached Work Plan (Attachment 1) outlines the Commission's concerns and priorities. The Plan was developed in light of the description of duties detailed in the Ordinance which created the Commission. The Work Plan is divided into two (2) sections: Existing Assignments and Potential Assignments. The Existing section lists assignments which are either mandated by the Ordinance, have been assigned directly by the Council, or are obvious requirements of the Commission. The Potential section is a list of assignments which the Commission desires to undertake, but Council approval is sought before proceeding with the work associated with the potential assignments. The Commission prioritized the potential assignments in each respective category using an alphabet and numeric system. The designations are: A - Most Important; B - Important; C - Moderately Important. The assignments were further prioritized within each designation numerically, with one (1) being of greatest priority, and the lesser priorities in descending order. 000101 CC.002 The following is a summary of the items listed in the Work Plan, with priorities: Assignment Item Priority Ex/Pot Comments Advisory Body to the Council Al Existing Liaison to the Community A2 Existing Park Development A3 Existing Design, public forums Develop & Improve Communication A4 Existing Requires Council with City Council assistance Park Naming Policy A5 Existing New assignment Annual Work Plan 131 Existing Updated annually Training Opportunities Al Potential Re -fund at 1992-93 level Risk Management A2 Potential Encourage City-wide P&R facility annual review with P&R, PW Trails Master Plan B1 Potential Place funds in FY95-96 Improve Maintenance & Development B2 Potential of Bear Creek Channel Bikepath Facility Network w/Other Valley Commissions C1 Potential Community Christmas Celebration C2 Potential Assist P&R Dept. FINDINGS AND ALTERNATIVES: The Parks and Recreation Commission has developed the Work Plan over the last three months. Many of the items listed in the Work Plan were carryovers from the Community Services Commission Work Plan, but were revised; other items are new. The Commission seeks the Council's approval of the Work Plan. If the Council has any changes to the document, the Commission will note those changes in the Work Plan, and proceed accordingly. Alternatives available to the Council are: 1. Approve the Work Plan as is; or 2. Provide the Commission with alternative direction, including additions, deletions or changes to the Work Plan. Attachment 1: FY94-95 Work Plan CLINT BOH E PARKS & EATION DIRECTOR 00010 CC.002 ATTACHMENT 1 City of La Quinta Parks and Recreation Commission An Immediate and Multi -year Work Plan 1994-95 00010.3 Parks and Recreation Commission 1994-95 Work Plan Priority: Category: Assignment Item: Method(s) for Fulfillment: Commissioner Availability: Commitment Required: Staff Role: Existing Assignments .Al Existing .Advisory Body to the City Council Attend City Council meetings; relay public opinion on various topics; accept assignments to committees, boards, and commissions, and inform Council of actions taken. Become more active and involved in City issues and concerns. To be determined. Current assignments require 10 hours per month of Commission member's time. To be determined. Council Role: Provide Commission with specific direction as to how the Commission could better assist the Council. 000104 4 Priority: A2 Category: Existing Assignment Item: Liaison to the Community Method(s) for Fulfillment: Commissioners attend the Mayor's Breakfast; conduct public forums on behalf of the Council and citizens; talk with residents to ascertain their opinions; attend Senior Center functions; Commissioners can do the following to enhance their role as Liaison to the community; attend Chamber Mixers; interact with School District administration in La Quinta and Indio; develop public relations (e.g., publicize hearings, use City/Chamber newsletter to relate information on Commission business, publicize Parks and Recreation Month, use the cable Community Access channel, send brief newsletter home with students twice a year, attend local school staff meetings to determine needs); use forums such as Main Street Market Place to interact with the public;.as addressed above. Suggest goal date for addressing the above items by March 31, 1995. Review progress at first meeting in April, 1995. Commissioner Availability: To be determined. Commitment Required: Current assignments require 3-4 hours/month. New assignments could require additional 3-4 hours/month of one or more Commissioners. Staff Role: Assist with implementing public relations issues noted above. Council Role: Provide Commission with specific methods by which the Commission could fulfill this assignment 000105 1.1 Priority: A3 Category: Existing Assignment Item: Park Development Method(s) for Fulfillment: Respond to community input and requests; development and conducted survey for Master Plan; conduct public hearings; conducted selection process for park design firms for Fritz Burns Community Park and Palm Royale Park; assisted in the development of the City of La Quinta Parks and Recreation Master Plan. The Commission believes that this Assignment has been performed very well. Commissioners could become better educated and informed regarding parks and recreation programs, and facilities development and construction processes; address ramifications of Professional Services selection process, and its effect on the Commission's role in park development. Completion Date: Address by March 31, 1995. Commissioner Availability: To be determined. Commitment Required: Commitment falls under regular meetings, except for interviewing and scoring RFQ's/RFP's, which require 5-7 hours per incident. Staff Role: Administrative support. Council Role: Include the Commission in the park design and development process, specifically in the screening and selection of professional firms. The Commission feels that it performed well in selecting park design firms, and in conducting public forums for park development purposes. 000109 6 Priority: A4 Category: Existing Assignment Item: Develop and Improve Communication with the City Council Goal(s): Understand what the Council desire from the Commission, and receive specific direction from the Council. Completion Date: By March 31, 1995 Required City Resources: Time of the City Council to meet with the Commission. Req'd. PRC Resources: Time; Work Plan; cooperation and openness. The Commission currently relies on its' minutes to convey Commission work progress and issues of importance to the Commission. The Commission (staff) could provide an update through the Items of Interest, or through a separate, brief monthly or quarterly update. Relationship to Function: Foundational to mission of the PRC per the Ordinance Council Role: Provide the Commission with more opportunities to meet and interact with Council/Commission, through joint meetings, if necessary. 000107 7 Priority: A5 Category: Existing Assignment Item: Park Naming Policy Completion Date: On going Required City Resources: Time of the City Council to meet with the Commission. Method for Fulfillment: Press releases, Public Hearings, March PRC meeting, March Chamber of Commerce Newsletter, post at schools so kids can suggest names, contact La Quinta Historical Socitey. Commitment Required: Commissioners time for Public Hearings Staff Role: ,Administrative support. Provide recommendation to City Council. Priority: B-1 Category: Existing Assignment Item: Annual Work Plan Method(s) for Fulfillment: Review existing assignments; suggest potential assignments; seek input/suggestions from the City Council; review programs and projects being undertaken by other cities and districts. Start revision of Work Plan in May; review progress mid year for progress; add, subtract, defer projects based on review. Commissioner Availability: Performed at regular meetings. Commitment Required: Revision of Work Plan will require at least two (2) meetings plus outside reading. Staff Role: Administrative support. Act as facilitator for development and review of Work Plan. Council Role: Provide the Commission with specific direction and assign tasks as issues come before the Council which fit under the Commission's responsibilities. 000109 O Potential Assignments Priority: A-1 Category: Potential Assignment Item: Training Opportunities Goal(s): Improve Commission performance and develop better educated advisory body Completion Date: Annual attendance of training workshops, schools, and conferences Required City Resources: City funding for educational opportunities; reinstate funding level for conference/training Req'd. PRC Resources: Time to attend workshops and conferences Relationship to Function: Better informed and educated advisory body Council Role: Reinstate funds for educational opportunities to FY 92-93 level 000110 10 Priority: Category: Assignment Item: A-2 Potential Risk Management Issues Goal(s): Diminish risk at public parks and recreation facilities; insure that facilities are safe for users; ADA compliance; Commission and Parks and Recreation staff to work more closely with Public Works Director, Maintenance Manager, and staff to develop a risk management program for the park areas and recreation facilities. Completion Date: FY 94-95 for existing facilities; concurrent with development of new facilities. Establish quarterly or bi annual inspection review of facilities. Required City Resources: Staff time, City funds for maintenance/repair; retrofit for ADA if necessary. Req'd. PRC Resources: Review of risk management standards and ADA information; time for review of facilities (4-6 hrs annually) Relationship to Function: Parks and Recreation Council Role: Provide the Commission with direction/comment 000111 11 Priority: B-1 Category: Potential Assignment Item: Trails Master Plan Goal(s): To comply with the spirit of the General Plan Completion Date: FY 1995-96 and beyond Required City Resources: Staff labor cost and City expenditures of $12- 16,000. $22-25,000 for outside consultant. Staff to include in 1995-96 budget for Council consideration on behalf of the Commission. Req'd. PRC Resources: Time of Commissioners for public hearings and developing Master Plan; extra meetings of Committee. Relationship to Function: The City's General Plan includes this issue in the Parks and Recreation Element. The General Plan calls for a Trails Master Plan to be developed. The Commission believes that it is the advisory body under which this assignment should rest, because of the recreation nature of trails. Council Role: Provide the Commission with direction/comment 00011? 12 Priority: B-2 Category: Potential Assignment Item: Improved Maintenance and Development of Bear Creek Channel Bikepath Facility Goal(s): Improve the maintenance of the pathway and area around the pathway, and to develop better signage. Completion Date: Present the need for increased level of maintenance immediately with suggestions on how to address better maintenance; signage may be completed in FY 1994-95. Required City Resources: Regular maintenance staff time or City expenditures for contract maintenance. Req'd. PRC Resources: Convey ideas, follow-up, communicate with maintenance staff through City Manager Relationship to Function: Commission believes this issue is an appropriate task under the Ordinance. Council Role: Provide the Commission with direction/comment 000113 13 Priority: C-1 Category: Potential Assignment Item: Network with Other Valley Commissions Goal(s): Improve performance through awareness; address regional issues on behalf of Council by presenting ideas to other Valley Commissions. Completion Date: Begin networking in calendar year 1995 Required City Resources: Minimal staff time Req'd. PRC Resources: Time attending other Commission meetings and attending joint cities meetings; coordinate sponsored meetings Council Role: Provide the Commission with direction/comment 000114 14 Priority: Category: Assignment Item: C-2 Potential Community Christmas Celebration Goal(s): Celebration and develop increased community interaction; foster sense of community Completion Date: Christmas 94-95; begin work this fiscal year Required City Resources: Christmas tree and lights; park decorations Req'd. PRCResources: Additional meetings; planning, coordinating, and implementing the event; contacting schools, organizations, and businesses for support Council Role: Provide the Commission with direction/comment 000115 1s REPORTS AND INFORMATIONAL ITEMS: is MINUTES PROJECT AREA COMMITTEE (PAC) Wednesday, December 7, 1994 AMENDMENT TO THE LA QUINTA REDEVELOPMENT PROJECT NO. 1. Committee Members Scott Dalecio, Seth Etinger, Dan Featheringill, Stan Long, Gerald Perschetz, Bruce Swan, and Chairman S. Chevis Hosea None Jerry Herman, Planning and Development Director, and Frank Spevacek, Agency Redevelopment Consultant The meeting was called to order at 6:30 p.m. by Chairman Hosea. It was moved and seconded by Members Featheringill/Perschetz to approve the minutes as submitted; said minutes were unanimously approved. om sTO1!-! ' ._, ' 4I6 :11-ie.0 f. ,_TIC Chairman Hosea initiated discussion regarding the proposed amendments to the Redevelopment Plan; none of the members had questions regarding the amendments. Attention was then focused upon specific projects as proposed for Exhibit C of the Plan; after considerable discussion, the following modifications and/or additions were made to the projects list: It was moved by Swan, and seconded by Featheringill, and unanimously adopted by the PAC that: bike paths, bikeways, and pedestrianways be added to all road and bridge improvement projects as needed and feasible. 0001tR PAC Minutes - December 7, 1994 Page 2 It was moved by Hosea, seconded by Etinger, and unanimously approved that: the Jefferson Street rehabilitation and pavement overlay project should be extended from Avenue 52 to Fred Waring. Moved by Hosea, seconded by Dalecio, and unanimously approved by the PAC that: an additional project be identified that would fund storm drain system improvements for facilities located in the southern portion of Project Area No. 1. Moved by Etinger, seconded by Dalecio, and unanimously approved by the PAC to: add an additional drainage system project that calls for improvements to the drainage channel on Rhondo Avenue, which should be identical to the improvements made to the drainage channel located adjacent to La Fonda Avenue. Moved by Swan, seconded by Featheringill, and unanimously approved by the PAC to: add bikeways, pedestrian paths, and golf cart paths as part of all park improvements, where appropriate. Moved by Swan, seconded by Perschetz, and unanimously approved by the PAC to: add a library, and public safety facilities to the listed capital facility improvements. The members did not have any other recommendations or comments on the Redevelopment Plan, listed projects, or the proposed amendments. Chairman Hosea asked the members to identify any concerns or questions they had regarding the Draft Environmental Impact Report; no members expressed any concerns or raised any questions. The members established Wednesday, January 11, 1995, as the date for the next meeting; the meeting would be convened at 6:30 p.m. �� The meeting was adjourned at 7:35 p.m. 000117 REPORTS AND INFORMATIONAL ITEMS: C. ART IN PUBLIC PLACES MEETING MINUTES LA QUINTA CITY HALL • NORTH CONFERENCE ROOM DECEMBER 5, 1994 The regular meeting of the La Quinta Art in Public Places Committee (APP) was called to order at 3:08 P.M. by Chairman Walling. ROLL CALL: Committee Members Kay Wolff, Nancy Nard, Kathryn Hull, and Chairman Walling ABSENT: Committee Members Kathy Smith -Schooley, Carolyn Lair, Rosita Shamis STAFF PRESENT: Community Development Director Jerry Herman, Department Secretary Betty Sawyer L CONSENT CALENDAR A Committee Member Hall asked that the minutes of November 7, 1994, be corrected on Page 5 to change the last sentence to read, "Each city should bring one packet for each city attending." There being no farther corrections it was moved and seconded by Committee Members HulllNard to approve the minutes as corrected. Unanimously approved. B. Community Development Director Jerry Herman went over the Financial Statement with the members. Members discussed with staff proposed projects. There being no corrections, it was moved and seconded by Committee Members Nard/Hull to approve the financial report as submitted. Unanimously approved. EL BUSQ= SESSION: APP1L5 A. Joint Meetim with all Coachella Valley Art in Public Places Commissions/ Committees. 1. Members discussed plans for the meeting. The meeting would be held on February 13, 1995 and each city would give a 10.15 minute presentation. 2. The agenda would consist of an overview of each city's program, a tour of City Hall, refreshments and mingling, and a time for discussion regarding some common projects the agencies could share. Some sugestions were sharing an artists bank, speakers, publicizing tours of each city's art acquisitions, etc. Each city would be asked to bring a handout regarding their program to be given out. 00011.8 Art In PubUc Plum Dweaba S. 1994 A"12.5 3. It was suggested that a letter be sent as soon as possible to give the cities enough time to place the meeting on their agendas and to get back to staff with the number of people attending. 4. It was determined that the presentation would last ten minutes with a rive minute question and answer time. 5. Members discussed potential issues that could be discussed and items that could be included In the handout packets. It was suggested that a list of each city's Art in Public Places Members be included. 6. Members discussed what they wanted to present about La Quinta at the meeting. Committee Member Wolff informed the members she knew someone who would be willing to put a video together. It would be a voice over slides and pictures could be taken of the various sites where art is placed and proposed to be placed. The video should address those topics that would be beneficial to prospective developers explaining our prospective hopes to have art integrated into the projects. 7. Committee Member Wolff and staff would check with prospective sources to have a video made and report back at the next meeting. B. Discussion Relative to Selecting Art Work for the Senior Center. 1. Chairman Walling explained that each year the Committee selects art work for the City Hall and he was proposing that this year the selection be for the Senior Center.. Staff stated the budget for this year was $3,000. 2. If Council approves, the Committee would meet to tour the facility and look for places to place art. The Arts Festival would be held March 16.18, 1994. 3. Discussion followed regarding the possibility of rotating art in the City Hall and the Senior Center. Members stated they would like to see some of the seniors involved in the selection of the art. Chairman Walling would contact the director if approved by the City Council. 4. It was determined that there would be three APP members, two Council members, and one senior representative for a committee of siL C. Discussion of Artist Survey Form. 1. Chairman Walling asked the members to review the Survey form. Members suggested the form contain: 000119 Art in Public Place. December 5. 1994 a. Price range for their art work. b. Name, address (mailing and physical), phone number, representatives phone number. It was suggested that it be renamed the Artist Bank Application. C. List of locations where public art could be seen. 2. Committee Member Hull suggested that staff draft the application and submit it to the Committee for their approval. D. Continued work on the Master Art Plan.. 1. Members discussed the Plan and came to a consensus that it still needed to be reduced and the numbering should be changed. 2. Members went through the Plan and made changes to the numbering and context. III. OTE: A. Items for the January agenda 1. Presentation by John Koenig on the La Quinta Village Center•Ralphs art project. 2. Continued discussion with Eisenhower Medical Center. 3. Discussion regarding the Joint Meeting of the Art in Public Places Commissions/Committees. 4. Discussion regarding a video about the Art in Public Places Program. 5. Review of the Art Bank Form. 6. Tour of the Senior Center. 7. Continued work on the Master Art Plan. IV. ADJODRNNW. There being no further business, it was moved and seconded by Committee Members NardlHull to adjourn to a regular meeting of the Art in Public Places Committee on January 9, 1995, at 3:00 P.M., in the North Conference Room. This meeting of the Art in Public Places Committee was adjourned at 4.35 PA, December 5, 1994. APP1L5 REPORTS AND INFORMATIONAL ITEMS: b PARKS AND RECREATION COMMISSION December 12, 1994 Minutes I. CALL TO ORDER The Parks and Recreation Commission was called to order at 7:00 p.m. at the La Quinta Civic Center Study Session Room. Chairperson B. J. Seaton presided over the meeting. ROLL CALL: MEMBERS PRESENT: Commissioner Norris Bernard Vice Chairperson Lawrence Best Commissioner Stacey Mullen Commissioner Kathryn Pedersen Chairperson B. J. Seaton Commissioner Hal Summers Commissioner Michael Davis STAFF PRESENT: Clint Bohlen, Parks and Recreation Director Vice Chair Best led the Commission in the Pledge of Allegiance. IL CONFIRMATION OF AGENDA No changes. III. APPROVAL OF MINUTES OF NOVEMBER 14,1994 • Vice Chair Best: Page 2, second paragraph from the bottom, the correct spelling is "Dimmet". • Commissioner Pedersen: corrected the same section, and indicated that it should reflect her statement did not include the term USFSA, but rather that Ms. Dimmet was ranked higher to her knowledge than Ms. Reynolds in figure skating. • Vice Chair Best: Page three at top, the voting was not unanimous to continue the item, but rather Vice Chair Best voted no. • Commissioner Bernard: Page 9, section d., should be changed from "participate" to "attend" the Harvest Fest Hoedown. 0001� Vice Chair Best moved that the minutes of November 14, 1994 be approved as corrected, seconded by Commissioner Mullen. Unanimous. IV. ANNOUNCEMENTS No announcements. V. PUBLIC COMMENT No public comment. VI. CORRESPONDENCE AND WRITTEN MATERIALS No correspondence or written materials. VII. STAFF REPORTS None. VIII. COMMISSION BUSINESS A. Consideration of Request for Assistance by Colleen Reynolds Staff indicated that other Valley cities had been contacted to determine if funding individual endeavors was a practice of cities. It was determined that only Indian Wells had funded an individual in the past, and that it was no longer their practice to do so; the remainder of the cities do not fund individuals, but rather groups. Additionally, staff had been contacted by a representative from the United States Figure Skating Association (USFSA) in Palm Desert. Staff had been requested to convey that based on Colleen's lack of consistent success to date in competition in the International Skating Association (ISA) level; her lack of experience at the USFSA level; and the fact that the local chapter of the USFSA fund raises for the chapter, opposed to individual skaters, the local chapter was advocating that the funding request be denied. Staff concurs. Vice Chair Best moved that the Commission recommend that the request for funding by Colleen Reynolds be denied by the Council; seconded by Commissioner Pedersen. Unanimous. It was suggested that Ms. Reynolds' request be incorporated with a local chapter request for assistance and application for a Community Service grant during the next cycle. 0001221 B. Consideration of the Parks and Recreation Commission Work Plan Staff presented a draft Work Plan for the Commission's review, correction, additions, or changes. The Commission noted several changes which needed to be made, and requested that staff proceed with the changes, and present the Plan to Council. Vice Chair Best moved that the Work Plan be submitted to the Council, reflecting the changes suggested at this evening's meeting; seconded by Commissioner Summers. Unanimous. Staff indicated that the earliest the Plan could be submitted to the Council would be January 3, 1995. C. Consideration of Parks and Recreation Master Plan and La Quinta Demographics Staff distributed April, 1990 - September, 1994 housing permit information as obtained from the City of La Quinta Building and Safety Department, and population growth estimates based on the 1990 U.S. Census data. The Commission reviewed and commented on the information provided, with no action being taken. IX. COMMISSION COMMENT The Commission discussed the November Fritz Burns Park pool survey, and inquired of staff what the results were. The Commission requested that copies of the staff reports to City Council on Fritz Burns Park and ;pool survey information be distrinuted to the Commission at the next Commission meeting. XI. ADJOURNMENT Moved to adjourn at 8:20 p.m. by Commissioner Mullen, seconded by Commissioner Davis. Unanimous. Topics for Next Meeting: • Work Plan • CPRS Conference • Park update with survey information • Program Update • Copy of Council minutes • Letter to Laurie Reynolds -McRae 000123 REPORTS AND INFORMATIONAL ITEMS: E CULTURAL AFFAIRS COMMISSION MINUTES November 21, 1994 1. CALL TO ORDER The meeting of the Cultural Affairs Commission was called to order at 7:11 p.m. in the La Quinta Civic Center Study Session Room. ROLL CALL: MEMBERS PRESENT: Commissioner Honey Atkins Commissioner Steve Berliner Chairperson Susan Francis Commissioner Kathryn Hull Vice Chairperson Michelle Klein Commissioner Toni Lawrence MEMBERS ABSENT: Commissioner Martin Langer STAFF PRESENT: Clint Bohlen, Parks & Recreation Director Chairperson Francis led the Pledge of Allegiance. II. CONFIRMATION OF AGENDA No changes, deletions, or additions. III. APPROVAL OF MINUTES Vice Chairperson Klein moved that the minutes from the regular meeting of October 24, 1994 be approved; seconded by Commissioner Atkins. Commissioner Hull did not receive a copy of the press list and updated roster distributed at the October 24, 1994 meeting; staff will forward a copy of the press list and roster. Commissioner Berliner moved approval of the special meeting November 7, 1 994minutes; seconded by Vice Chair Klein. IV. ANNOUNCEMENTS No announcements. V. PUBLIC COMMENT None 0o�124 VI. CORRESPONDENCE AND WRITTEN MATERIALS None. Staff will be completing the Handbook with a cover which includes title and a City logo. The Commission concurred that it would be a living document. VII. STAFF REPORTS None Vill. COMMISSION BUSINESS A. Consideration of Request by Children's Museum for City Assistance Commissioner Berliner requested that staff loot: at promoting the event through the Chamber/City newsletter, and through the school. Commissioner Hull suggested that staff look into what promotion the Museum would be conducting. Commissioner Hull moved that the City support the program for $200, and a minimal amount for promotion; seconded by Vice Chair Klein. Unanimous. B. Consideration of the Youth Art Works Program of the Art in Public Places Committee Commissioner Atkins moved that the City Council approve the program as proposed; seconded by Commissioner Lawrence. Commissioner Hull discussed the difference between typical public art, and the program which is proposed, citing that the program will be developed and defined as youth are brought into the planning process. Unanimous. C. Consideration of Site Location for the La Quinta Arts Foundation's Center for the Arts and Culture - Final Review Chairperson Francis turned the meeting over to Vice Chair Klein due to the potential of conflict of interest. Vice Chair Klein indicated that the November 7, 1994 review of the project yielded the Commission's support for the project as proposed, with some comment, as reflected in Commissioner Hull's memorandum dated November 17, 1994. Commissioner Hull would be making some minor changes, and submitting the revised changes to staff for distribution to the City Council. Details need to be worked out regarding whether the Center would be an Arts Foundation center, or a community center. Commissioner Berliner moved that the memorandum as submitted by Commissioner Hull with amendments stand as our recommendation to the City Council; seconded by Commissioner Atkins. Unanimous. Commissioner Hull will be forwarding an amended copy of the memo to staff for presentation to the Council. Chairperson Francis stepped back to the table to chair the meeting. D. Presentation of Report on Analysis of Supply and Demand for Work Plan (Berliner, Lawrence, and Atkins) Commissioner Berliner discussed the committee's agreement that both youth and the Hispanic populations were the least represented in the arts in the Coachella Valley. Five to six suggestions were presented in the hand-written memo of November 21, 1994 distributed at tonight's meeting (attached). He suggested that the Commission assign priorities to the suggestions. Commissioner Hull indicated that President Clinton was emphasizing the arts as a healthy alternative for youth at risk. Vice Chair Klein suggested that the Commission consider sponsoring a Hispanic poetry reading workshop. 000125 2 Staff indicated that La Quinta demographics could be distributed to the Commissioners for their information. Chairperson Francis stated that the Commission should actually do the writing of the Work Plan. Vice Chair Klein indicated that the Commission already had Work Plan assignment sheets previously distributed by staff, and that the Commission should use them in anticipation of next meeting. On the handwritten memo of 11 /21 /94, the Commission agreed to split up the assignments discussed on page two (2) of the memo as follows: A - DETA Program: Commissioner Berliner B - Pageant: Chairperson Francis, Commissioner Atkins C - Kids Theater: Commissioner Hull D - Summer Stories: Commissioner Lawrence E - Latin/Hispanic Weekend: Commissioner Berliner, Chairperson Francis F - Children's Art Displays: Commissioner Atkins G - Journalism Workshops: Commissioner Lawrence Commissioner Atkins suggested that the Commission consider supporting the concept of a performing arts foundation. Chairperson Francis suggested that the Commission review the attached list of art resources in the Valley included in tonight's agenda packet and analysis, and be prepared for the next meeting. E. Consideration of Change of Meeting Time of Cultural Affairs Commission The Commission agreed to keep the meeting day and time as currently scheduled. IX. COMMISSIONER COMMENTS Chairperson Francis requested that minutes from meetings be mailed out no later than Friday following a meeting, and that the meeting packets be delivered no later than Tuesday prior to a meeting. Staff will try to comply. Commissioner Atkins requested if staff can assist with clerical work; staff indicated that Commissioners can submit clerical support requests to the Director of Parks and Recreation, and he will in turn route it for processing. Commissioner Atkins requested that clerical work be returned to Commissioners prior to distribution. X. COMMISSIONER REPORTS & INFORMATIONAL ITEMS Art In Public Places - See the materials distributed at the October 24 meeting. First Monday of the month, 3 p.m. Community Concerts of LQ - No report. Encore! - January 15 opening at Virginia Waring's home at Morning Side Country Club; $45 includes concert and refreshments. LQ Arts Foundation - December 16, 4-7 p.m. Open House at the Foundation. LQ Arts League - PGA West December 7, 10 a.m. Coffee. LQ Chamber of Commerce - 10K run was successful. LQ Friends of the Library - No report. LQ Historical Society Museum - December 16, 11 :30 a.m., at PGA West, Reception with theme being "Hollywood Loves Palm Springs", $25 person. LQ Little Theater - Singing at a Chamber function at the Cliffhouse on December 5 Round Table West - January 16 , LQ Hotel. School Site Council Committee - No report. Other - Yuletide Celebration on December 16, 7 p.m., need Commission volunteers to assist. Chairperson Francis and Commissioner Atkins both expressed a willingness to assist. 000126 3 XI. NEXT MEETING DATE, TIME AND TOPIC La Quinta Civic Center Study Session Room December 19, 1994 Regular Meeting, 7:00 p.m. Commission Work Plan XII. ADJOURNMENT Adjourn the meeting to the Special Meeting of the Cultural Affairs Commission on December 19. The regular meeting of December 26 is cancelled. Motion carried unanimously. Meeting adjourned at 8:45 p.m. CLINT BOHLEN Parks and Recreation Director O 000127 REPORTS AND INFORMATIONAL ITEMS: F INVESTMENT ADVISORY BOARD MINUTES SEPTEMBER 14, 1994 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairperson Lewis, followed by the Pledge of Allegiance. PRESENT: Board Members Brown, Gilreath, Sales and Chairperson Lewis ABSENT: Vacancy II CONFIRMATION OF AGENDA Confirmed. III PUBLIC COMMENT None IV CONSENT CALENDAR A. Approval of Investment Advisory Board Minutes of July 20, 1994, August 17, 1994 and August 31, 1994. MOTION - It was moved by Board Members Sales/Brown to approve the minutes of the July 20, 1994, August 17, 1994 and August 31, 1994 Investment Advisory Board meetings. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasurers Report dated June 30, 1994. MOTION - It was moved by Board Members Brown/Grilreath to approve the Treasurers Report dated June 30, 1994 as submitted. Motion carried unanimously. 000128 Investment Advisory Board 2 September 14, 1994 Minutes VI STUDY SESSION A. Discussion of Investment Strategy Plan. The Investment Advisory Board discussed goals for the Investment Strategy Plan. Mr. Parzonko indicated that he would bring graphs and model portfolios to the October 12, 1994 meeting for review by the Board. VII BOARD MEMBER COMMENTS None VIII ADJOURNMENT MOTION - It was moved by Board Members Brown/Sales to adjourn the meeting. Motion carried unanimously. 000129 01/11/95 18:17:30 FR ITZ R STRADLNG NICK E. YOCCA C CRAIG CARLSON WILLIAM R. RAUTH II K.0 SCHAAF RICHARD C. GOODMAN JOHN J. MIIRPNY THOMAS P. CLARK. JR. BEN A. fRYDMAN DAVID R MCEWEN PAUL L. GALE RUDOLPH C. SHEPARD ROBERTJ KANE NRUCE 0. STILART E. KURT YEAGER ROBERT J. WHALEN ROBERT E. RIC,. RANDALLJ SHERMAN BRUCE W FEUCHTER MARK J. HUEBSCH KAREN A ELLIS BRUCE D. MAY DONALD J. HAMMAN JOHN J. SWIGART JR. MICHAEL A. ZABLGCKI NE: LA R. BER14STEN CELESTE STAHL BRADY CHRIS70PHER J. KLPATRICK JOEL H. GUTH JULIE MCCOY AK'.NS DAWN C HONEYWELL LAWRENCE S. COHN HARLEY L. BJELLAND STEPHEN T. FREEMAN NICHOLAS J. YOCCA JULIE M. PORTS- 1-714-725-4188-> 16197777101 Page 002 DEPARTMENT REPORTS: 4i -' STRADLING, YOCCA, CARLSON & RAUTH A PROFESSIONAL CORPORATION MICHAEL E. FLYNN GARY A. PEMBER TON CAROL L LEW DENISE HAP.BAUGH HERING BARBARAZEID '_EIBOLD :ON E. GOETZ JOHN D. IRELAND DAVID H. MANN CHRIS70PHER M. MOROPOULOR EL'ZASETH A. NEWELL DARRYL S. GIBSON LEE HI PARK DANA M STRABIC TODD R, THAKAP. RICHARD T. NEEDHAM ROBERT C. WALLACE LOHN F. CANNON JAY RAPPAPORT JOHN E. WOOOH EAO IV DOIIOLAS P FEICK WILLIAM J. MORLEY MARK L. SKAIET LEFFREY B. COYNE CHRISTINE L. LUKETIC SANDRA WAKAMIYA SCHAA- MATTHEW P. THJLLEN ANDREA S. LEVITAN JOHN D VAJGHAN STEVEN M. rANLE VIC-AFL H. MULPOY MARY ANNE WAGNER CHRISTOPHER D. IVEY JILL J. NEWMAN LEE KOLOONY GERALD J. RAMIZA La Quinta City Council City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 ATTORNEYS AT LAW 660 NEWPORT CENTER DRIVE, SUITE 1600 POST OFFICE BOX 7680 NEWPORT BEACH, CALIFORNIA 9266C-6441 ELEPHONE (; 14' 725-400 FACSIM LE (%14) a(:5-4100 January 11, 1995 Re: Charter Cities Report Dear City Council Members: JOHN E. BRECKENRIDGE RENA C. STONE Cc'CL,NSEL WR'.TER'S CIRED- DIAL: (714) 725-4142 Attached please find our updated Charter Cities Report. If you would like to discuss this concept further, ii would be appropriate to request that a discussion of the item be placed on an agenda as a future study session item. If you have any questions or concerns please do not hesitate to call me. Very truly yours, STRADLING, YOCCA, CARLSON & RAUTH Dawn C. Honeywell DCH:nkc Enclosure 000130 MEMORANDUM To: La Quinta City Council From: Dawn Honeywell l,$4� Re: Charter Law or General Law City- Update of Relevant Case Law and Discussion of Charter Drafting Considerations Date: January 9, 1995 I. INTRODUCTION The City of La Quinta (the "City") has been considering the advantages and disadvantages of converting the City from a general law to a charter form of government. In a memorandum dated March 30, 1994, (the "March, 1994 Memo") our office provided the City Council with an update of an article published by the League of California Cities in July of 1987, entitled "Charter v. General Law City?" (the "League Article"). The March, 1994 Memo includes a copy of the League Article which sets forth the primary distinctions between a general law and a charter city and provides an analysis of the advantages and detriments in connection with the charter form of local government. In addition, the March, 1994 Memo provides a discussion of the applicable court decisions since 1987. The purpose of this memorandum is to report on relevant cases decided since March, 1994 involving charter cities and to set forth various considerations which should be taken into account in connection with drafting a charter. In addition to the information set forth in the March, 1994 Memo and the information set forth herein, attached as Exhibits A and B respectively are two papers which discuss converting from a general law to a charter city which were presented at the City Attorneys Department Spring Conference, League of California Cities, May 4-6, 1994 entitled: 1) "General Law versus Charter City," by Gregory W. Stepanicich, City Attorney City of Agoura Hills and Beverly Hills; and 2) "Anatomy of a Chartering Experience" by Kenneth H. Lounsbery, City Attorney, City of San Marcos. II. CASE LAW UPDATE As set forth in the March, 1994 Memo, the primary distinction between a charter city and a general law city is the ability of a charter city to govern "municipal affairs." While a general law city has no power to act in its corporate capacity unless it can point to a specific constitutional or statutory grant of authority, a charter city has plenary authority over municipal affairs subject only to the restrictions set forth in the charter and the constitution. Whether a matter is a municipal affair or one of statewide concern is a question for the courts and is evaluated on a case by case basis. Recent court decisions concerning charter cities have developed a "three part test" to be utilized in determining whether or not a particular subject is a municipal affair. In making this determination the court will ask: 000131 Does an actual conflict exist between state law and a charter measure? 2. If an actual conflict exists, is the matter in question one of "statewide concern"? 3. If a genuine conflict exists and the matter is one of statewide concern, is the state statute both: a. Reasonably related to the resolution of that concern; and b. Narrowly tailored to limit incursion into municipal interests. Johnson v. Bradley, 4 Cal. 4th 389, 399 (1992) and California Fed. Savings & Loan Assn. v. City of Los Angeles, 54 Cal. 3d 1, 17 (1991). In sum, if a reviewing court determines that a state statute is reasonably related and narrowly tailored to address a matter of statewide concern, the matter will cease to be a "municipal affair" and the state statute prevails over the conflicting municipal ordinance. Id. The March, 1994 Memo set forth the applicable case law which had been decided since the publication of the League Article concerning the areas of "Police Powers," "Municipal Affairs," and "Statewide Concern." The following is a summary of the relevant cases decided since the distribution of the March, 1994 Memo involving charter cities. These cases deal with the areas of charter interpretation, municipal affairs, statewide concerns and the nature of charter cities generally: A. Charter Interpretation: 1. City Outreach Program Not Void Under Charter. Domar Elec. Inc. v. City of Los Angeles, 1994 Cal. Lexis 6581 (Ca. Sup. Ct., December 28, 1994): City of Los Angeles' program requiring potential contractors to comply with a subcontractor outreach program that involved no bid preferences, set -asides or quotas which was neither expressly authorized or prohibited under the City's charter did not conflict with the charter provision requiring that contracts subject to competitive bid be awarded to the lowest and best responsible bidder and was therefore valid.' B. Statewide Concern: 1. Residential Construction Tax for Public Park Purposes. Auburn Manor Holding Corporation v. City of Roseville, 29 Cal. App. 4th 336 (1994): The City of Roseville imposed a residential construction tax on the construction of any mobile home lot or residential dwelling unit within the ' It should be noted that the March, 1994 Memo reported on the decision of the appellate court in the Domar case [Domar Elec. Inc. v. City of Los Angeles, 19 Cal. App. 4th 1034 (1993)] in which the appellate court held that the subcontractor outreach program was void as it was in conflict with and exceeded the authority of the city's charter. As set forth herein, the decision of the appellate court was overturned by the California Supreme Court. ruaL:22631_114241B2588.0 2 00013? City. Proceeds of the tax were to be used solely for the acquisition, improvement and expansion of the public park, playground and recreational facilities having immediate public street access owned by elementary and high school districts and developed for public school purposes. The Court found that although a charter city has the right to tax in order to raise revenue for public purposes, the exaction in question was not imposed to generate revenue for the general fund but to finance parks and was thus in conflict with Government Code Section 66477.' The Court went on to find that the provision of parks is a matter of statewide concern due to the highly mobile nature of our society and the fact that members of the public travel beyond their neighborhoods to take advantage of different parks and that Section 66477 is reasonably related and narrowly tailored to that concern and thus, the City's residential construction tax was found to be invalid as preempted by Section 66477. C. Municipal Affairs: 1. Referendum. Browne v. Russell, 27 Cal. App. 4th 1116 (1994): Charter city may provide for the exercise of the power of referendum in any manner that does not impinge on the basic right of referendum expressed in the Constitution. City of Los Angeles Election Code requirement that referendum circulators be City residents and voters was upheld as the requirement did not unduly burden the right of political expression and the Court found that by the requirement, the City was seeking to preserve the integrity of the referendum process. D. Charter Cities Generally: 1. City May Contractually Waive Right to Propose Charter Amendment in Labor Negotiation Context. City of Fresno v. Fresno Firefighters Local 753, 26 Cal. App. 4th 958 (1994): A charter city may contractually agree, under a labor agreement negotiated between the city and its labor unions pursuant to the Meyers-Milias Brown Act to refrain, for the duration of the agreement to propose charter amendments to the voters. The city council's contractual waiver of its rights to propose charter amendments does not affect the ability of the electorate to propose an amendment to the charter by the initiative process. 2. Consistency of City's General Plan and Zoning Ordinance. Ci1y of Irvine v. Irvine Citizens Against Overdevelopment, 25 Cal. App. 4th 868 (1994): Although a charter city is not subject to statewide zoning laws z Government Code Section 66477 provides that upon the satisfaction of certain enumerated conditions "[t]he legislative body of a city or county may, by ordinance, require the dedication of land or impose a requirement of the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approval of a tentative map or parcel map PUBu22631_114241B2588.0 3 000133 including the requirement of Government Code Section 65860 that the zoning ordinance be consistent with the city's general plan, as provided in Government Code Section 65803 the City of Irvine adopted an ordinance requiring that "[a]ll actions, approvals and procedures taken with respect to or in accordance with, this zoning ordinance shall be consistent with the City of Irvine General Plan ...... therefore proposed zoning referendum which was inconsistent with the city's general plan was invalid. Compare: Garat v. City of Riverside, 2 Cal. App. 4th 259 (1991): City of Riverside had not adopted consistency requirement as provided under Government Code Section 65803 therefore city's zoning ordinance was not required to be consistent with the city's general plan. 3. Utility User's Tax. Eastern Mun. Water Dist. v. City of Moreno Valle Y, 1994 Cal. Lexis 1296 (December 27, 1994): City of Moreno Valley, a general law city imposed a utility user's tax and attempted to require that the Eastern Municipal Water District collect the tax. Court upheld ability of City to require District to collect and remit the tax to the City. Compare: City of Modesto v. Modesto Irrigation Dist., 34 Cal. App. 3d 504 (1973): A charter city may require irrigation districts to collect a utility user's tax from its customers and remit the tax to the city. III. CHARTER DRAFTING CONSIDERATIONS: In the event that the City decides to undertake the charter adoption process, considerable focus and care should be given to the actual drafting of the charter itself.' There appear to be two competing schools of thought in connection with the drafting of a charter. On the one hand, some cities, particularly cities which adopted their charters years ago, have taken the approach of having a very detailed charter which attempts to set forth all of the city's powers. On the other hand, some charter cities have taken the approach of adopting very broad charter language. In this regard, it is interesting to note the evolution of the constitutional provisions which authorize the adoption of a charter. As originally drafted and set forth in the California Constitution adopted in 1879, [former] Section 6 of Article XI empowered cities to adopt a charter form of government, however, this section also provided that "... all charters ... framed or adopted by authority of this constitution shall be subject to and controlled by general law." See Johnson v. Bradley, 4 Cal. 4th 389, 395 (1992). Thus, instead of giving municipalities complete "home rule" [former] Section 6 of Article XI provided that general laws of the state would override municipal charters and local rules. Id. See also Davies v. City of Los Angeles, 86 Cal. 37, 41 (1890). Former 3 The steps necessary to adopt a charter are outlined in the League Article. As noted in the March, 1994 Memo, some changes have been made to the provisions which govern charter adoption and the required steps will have to be updated if the City decides to go forward with the charter adoption process. vueL:22631_114241B2588.0 4 000134 Section 6 was thereafter amended to provide that "... all charters thereof framed or adopted by authority of the constitution, except in municipal affairs, shall be subject to and controlled by general laws." While this language would suggest that as to municipal affairs charter cities were automatically exempt from the application of general laws, the concurring opinion in the leading case, Fraglev v. Phelan, 126 Cal. 383, 395-96 (1899), warned that unless a charter expressly provided for control over a particular concern, general state law would prevail. See Johnson, supra, 4 Cal. 4th at 396. This constitutional language was criticized and it was suggested that a constitutional amendment be adopted which would provide that "... 'the wording of the ['municipal affairs'] clause be so altered as to imply in and of itself a grant, to all cities organized under freeholders' charters, of a power to legislate in all municipal affairs [whether or not a specific function is listed as a 'municipal affair' in a city charter]."' Id. (quoting Jones, "Municipal Affairs" in the California Constitution (1913) 1 Cal. Law Rev. 132, 145.) In 1914, former Section 6 of Article XI was amended, and similar to the language now found in Article XI, Section 5, this provision gave charter cities the power to "... make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in their several charters, and in respect to other matters they shall be subject to and controlled by general laws." See Johnson, supra 4 Cal. 4th at 396. As discussed below, based upon the current constitutional language regarding charters, there does not now appear to be any legal requirement that a charter be particularly detailed. However, there may be practical considerations which would indicate a preference for some degree of specifically in drafting the charter. A. CHARTER PROVISIONS SERVE AS A LIMITATION ON A CHARTER CITY'S POWER OVER MUNICIPAL AFFAIRS, NOT AS A GRANT OF AUTHORITY. Article XI, Section 3 of the California Constitution authorizes cities to adopt a charter form of government. In regards to the actual provisions of a city's charter Article XI, Section 5 of the California Constitution currently provides that: It shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to general laws. City charters adopted pursuant to this Constitution ... with respect to municipal affairs shall supersede all laws inconsistent therewith. It shall be competent in all city charters to provide , in addition to those provisions allowable by this Constitution, and by the laws of the State for: (1) the constitution, regulation, and government of the city police force (2) subgovernment in all or part of a city (3) conduct of city elections and (4) plenary authority is hereby granted, subject only to the restrictions of this article, to provide therein or by amendment thereto, the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by PUBL:2263 1_1 1424 1 B2588.0 5 000135 the city shall be elected or appointed, and for their removal, and for their compensation, and for the number of deputies, clerks and other employees that each shall have, and for the compensation, method of appointment, qualifications, tenure of office and removal of such deputies, clerks and other employees. As set forth in Section 5(a) of the California Constitution, the provisions of a city's charter serve as a limitation on the ability of a city to govern municipal affairs, not as an actual grant of power. Therefore, it is not necessary that the charter be a lengthy and cumbersome document which sets out all of the City's authority. However, as the charter is a limitation on the city's authority it is important that its provisions be carefully drafted so as not to needlessly restriction the ability of the city to undertake some desired action. This point is emphasized by some of the recent court decisions regarding charter cities. In Cawdrey v. City of Redondo Beach, 15 Cal. App. 4th 1212 (1993), the Court provided a useful summary of the general nature of a charter form of government stating: ... a city charter is not a grant of powers, but rather "an instrument which accepts the privilege granted by the Constitution of complete autonomous rule with respect to municipal affairs and which otherwise serves merely to specify the limitations and restrictions upon the exercise of the powers so granted and accepted. Therefore any such power not expressly forbidden may be exercised by the municipality, and any limitations upon its exercise are those only which have been specified in the charter. [Citations omitted.] ... a city charter provision which is not within the matter enumerated in the Constitution is nevertheless within a charter city's authority to act, provided the provision concerns a "municipal affair." [Citations omitted.] Id. at 14-15. The nature of charter provisions as a limitation as opposed to a grant of authority was recently emphasized by the California Supreme Court in its decision in Domar Elec. Inc. v. City of Los Angeles, 1994 Cal. Lexis 6581 (1994). In Domar, the City of Los Angeles, a charter city, adopted a "subcontractor outreach program" pursuant to which the City required that bidders on City projects take reasonable steps to ensure that all available business enterprises, including local "Minority Business Enterprises" and "Women Business Enterprises" have an opportunity to compete for and participate in city contracts. The City's charter authorized the City to impose certain requirements upon bidders as part of the competitive bid process and required that bids be let to the lowest and best regular responsible bidder. In order to implement the City's outreach policy, the Los Angeles Board of Public Works required all bidders on public works contracts to submit a "Good Faith Effort Documentation Checklist." Although the plaintiff in Domar was the lowest bidder for a public works contract, the plaintiff failed to submit the checklist and the contract was awarded to the next lowest bidder 000136 rusL:22631_114241B2588.0 6 who had submitted all the required information. Domar filed a petition for a writ of mandate and/or prohibition seeking, among other things, to prevent the City from entering into the contract with a contractor other than itself. The appellate court found that authorization for the outreach program was not expressly provided in the charter and therefore the rejection of Domar's bid based upon a failure to submit outreach documentation violated the City's charter provision requiring that a contract be awarded to the lowest bidder. The California Supreme Court overturned the appellate court decision and in response to the argument that the program was void for lack of specific charter authorization, the Court stated that: ... "the charter operates not as a grant of power, but as an instrument of limitation and restriction on the exercise of power over all municipal affairs which the city is assumed to possess; and the enumeration of powers does not constitute an exclusion or limitation. [Citations omitted.] "By accepting the privilege of autonomous rule the city has all powers over municipal affairs, otherwise lawfully exercised, subject only to the clear and explicit limitations and restrictions contained in the charter. [Citations omitted.] Charter provisions are construed in favor of the exercise of the power over municipal affairs and "against the existence of any limitation or restriction thereon which is not expressly stated in the charter ...." [Citations omitted.] Thus, restrictions on a chartered city's power may not be implied." [Citations omitted.] Applying these principles, we conclude that the mere failure of the City's charter to expressly grant the power to require bidders to conduct subcontractor outreach does not render the outreach program void. Id. at 14-15. The Court went on to find that the outreach program was not in conflict with and did not violate any of the existing charter provisions and that the charter did not forbid the City from adopting such a program. The Supreme Court overturned the decision of the appellate court and concluded that the "... outreach program is not void under the charter. By working to ensure that bids for municipal projects reflect the lowest prices practicable, the program is fully compatible with the charter requirement that contracts be awarded to the lowest and best regular responsible bidders. Id. at 15-16. The constitutional language and the cases discussed above make it clear that a city's charter need not spell out every power that the city may exercise. Rather, the above referenced authority indicates that just the opposite is true. There is no case law which interprets such a charter, but, it appears sufficient for a city's charter to merely contain the statement set forth in Section 5(a) of Article XI of the California Constitution that the city may "... make and enforce all ordinances and regulations in respect to municipal affairs, subject only to the restrictions and limitations set forth in the charter and in respect to other matters they shall be subject to general PUBL:22631_114241B2588.0 7 000137 laws." Although there are no apparent legal impediments prohibiting the City from adopting such an all encompassing charter, there may be some other, practical considerations which would indicate that a certain degree of specificity in drafting the charter would be useful. B. PRACTICAL CONSIDERATIONS WHICH MAY INFLUENCE THE DRAFTING OF A CHARTER. One consideration which immediately comes to mind while evaluating the potential benefits and detriments involved with drafting a detailed charter as opposed to a more broad charter is the potential cost associated with each. On the one hand drafting a broader, more simple charter would involve less up -front costs than drafting a more detailed charter. However, while drafting a more in depth charter would create higher up -front costs, its may actually be less costly over the long term. A very broad charter would give the City little or no direction regarding its ability to engage in certain types of regulations or projects. It is likely that in connection with such a charter it would often be necessary to research whether a particular area is a "municipal affair" or a "matter of statewide concern." However, with a more detailed charter, much of this research could be done up front, thus providing some direction and a certain degree of certainty and potentially reducing the overall costs associated with a charter form of government. Another potential benefit of a more detailed charter involves the perception of the electorate regarding the proposed change of the City to a charter form of government. As set forth in the League Article, a charter must be ratified by a majority of the voters before it may go into effect. It is possible that the voters in the City would view an extremely broad charter with some degree of skepticism and perhaps even suspicion and it may be more difficult to obtain the necessary voter approval. However, if the charter is more specific and indicates the City's overall goals and objectives and if an effort is made to explain these provisions to the citizens, the requisite approval may be more easily obtained. However it is also important to keep in mind that as with initial adoption, any amendment to the charter must be approved by a majority of the voters. As the charter serves as a limitation on the City's power over municipal affairs, it will be important to draft the charter provisions so as not to unnecessarily infringe on the ability of the City to regulate in these areas. Two sample charters are provided for your review and consideration. Attached hereto as Exhibit C is the Charter of the City of Palm Springs which was approved by the electorate on June 7, 1994 and which went into effect on July 12, 1994 and attached hereto as Exhibit D is the proposed charter of the City of San Marcos. These charters provide examples of two different approaches to the drafting of a charter. Upon first glance, it is readily apparent that the Palm Springs Charter is much more lengthy and detailed than the proposed San Marcos charter. The Palm Springs Charter focuses mainly on the overall organization and governance of the City covering areas such as powers of the City Council and the manner of holding meetings, various personnel matters and the creation and operation of appointive boards and commissions. In addition to these more "administrative areas," the Palm Springs Charter also covers the ability of the City to impose taxes and to grant franchises. In contrast to the Palm Springs Charter which is 32 pages long, the proposed San Marcos charter covers a mere 3 pages and focuses on the ability of the City to engage in activities designed to promote the generation of revenue in the City of San Marcos. As set forth in the PUBt..22631_1J424IB2588.0 8 000138 article attached hereto as Exhibit B, the primary purpose of San Marcos in connection with the proposed charter was to undertake various revenue generating and savings activities. Thus, the proposed San Marcos charter is limited to those areas alone and contains none of the "administrative provisions" found in the Palm Springs Charter. C. RECOMMENDATION If the City wishes to pursue the conversion to a charter form of government, the most important step in terms of drafting the charter itself is the evaluation of the goals and objectives which the City wishes to achieve. After these overall goals are determined, the charter can be drafted to specifically include provisions regarding those areas. For example, the City may wish to adopt a charter provision explicitly availing itself of the decision that prevailing wage law does not apply to the public works projects of a chartered city as long as the project in question is within the realm of municipal affairs. In addition, in light of the restrictions on the ability of redevelopment agencies to enter into so called "sales tax deals" under the revisions to the Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. , imposed by Assembly Bill 1290, effective January 1, 1994, the City may wish to include charter provisions regarding the City's ability to undertake actions designed to stimulate the "economic development" of the City. The charter should also be drafted to include the "catch-all" provision of Article XI, Section 5(a) of the California Constitution so that the City may take advantage of all of the ability of a charter city to govern all areas of "municipal affairs."' ° It will be necessary to evaluate these overall goals and objectives to determine if they are "municipal affairs" and to ensure that they do not concern areas which the courts have determined to be of "statewide concern" and beyond the ability of a charter city to control. 000139 auau22631_114241B2588.0 9 City Attorneys Department Spring Conference League of California Cities May 4-6, 1994 Gregory W. Stepanicich City Attorney City of Agoura Hills and Beverly Hills General Law versus Charter City 000140 RICHARDS, WATSON & GERSHON ATrorwEvs AT Lww A N10rwwsw11L ccpp 0 , T 6"490MTH MOM =a SOLRM "ME WTPEwr April l , 1994 (M ANGRA , rxROPWAA 00"1.1400 (alb ilFM« er e0,a.0M WLLAM K1 "AM OUR FLE WNGML City Attorneys Department Meeting League of California Cities May 4-6, 1994 Gregory W. Stepanicich City Attorney Agoura Hills and Beverly Hills I INTRODUCTION In California, there are two types of cities -- general law cities and charter cities. The authority of a general law city is derived from the powers granted to it by the general laws adopted by the state Legislature pertaining to the organization and operation of a municipality and from the police power granted to it by the state Constitution. On the other hand, a charter city's power is not defined or limited by the states general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter subject only to the limitations of the state Constitution. There are differing views by municipal law practitio- ners and commentators as to the advantages and disadvantages of a charter versus general law city. Until recently, there was a growing sentiment that the gap in power between the two types of cities had narrowed considerably over the years. With the recent actions taken by the state Legislature adversely affecting the financial viability of cities in California, the potential advantages of a general law city becoming a charter city are being re-examined in communities throughout the state. In this paper, I will not join in this debate, but instead will focus on a more "nuts and bolts" type discussion of (1) the nature amending and ref a charter ltyr ealin2)atcharteredandl(3)q�ieements for adopting, repealing 000141 RICHARDS. WATSON & GERSHON April 11 1994 Page 2 legal, political, and practical considerations that should be taken into account in deciding whether a general law city should become a charter city. II THE NATURE OF A CHARTER CITY Charter cities derive their powers directly from the California Constitution. Section 3(a) of Article 11 of the California Constitution provides: "The provisions of a charter are the law of the State and have the force and effect of legislative enactments." Section 5 (a) of Article 11 of the California Constitution provides: "It shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to the restrictions and limi- tations provided in their several charters and in respect to other matters they shall be subject to general laws. City charters adopted pursuant to this Constitution . . . with respect to municipal affairs shall supersede all laws inconsistent therewith." The courts have held that this provision of the Constitution grants charter cities supreme authority in the area of municipal affairs. See Bishop v City of San Jose, 1 Cal.3d 56, 61, 81 Cal.Rptr. 465, 460 P.2d 137 (1969). Of course, even the actions of a charter city concerning municipal affairs are subject to basic constitutional limitations, such as due process and equal protection of the laws. See Wilson v. Los Angeles, 54 Cal.2d 61, 4 Cal.Rptr. 489, 351 P.2d 761 (1960). Thus, a charter city, may exercise plenary authority over its municipal affairs free from statutory constraints, subject only to constitutional limitations. The state Constitution has never defined the term "municipal affair." For this reason, whether a particular 030194 dd 0520082 000142 RICHARDS, WATSON & GERSHON April 11 1994 Page 3 subject is a "municipal affair," over which the municipality has full authority, or is a matter of "statewide concern" over which the Legislature has authority, is a matter for the courts to decide on a case by case basis. Although the Legislature is neither empowered to determine what is a municipal affair nor to transform such an affair into one of statewide concern, the Legislature's intention will be given great weight by the courts. See Bishop v. City of San Jose, 1 Cal.3d at 63. Also see District Election of Supervisors Committee For 5% v. O'Connor, 78 Cal.App.3d 261, 272-273 (1978); Baggett v. Gates, 32 Cal.3d 128, 136, 185 Cal.Rptr 232, 649 P.2d 874 (1982). The California courts have defined the term "municipal affairs" and have distinguished "municipal affairs" and areas of "statewide concern" in various ways through the years. Municipal affairs have been said to "refer to the internal business affairs of a municipality." Fraglev v. Phelan, 126 Cal. 383, 387, 58 P. 923 (1899) (Garoutte, J., concurring). The term has been said to "include all powers appropriate for a municipality to possess...." Ex Parte Braun, 141 Cal. 204, 209, 74 P. 780 (1903). In another case, the California Supreme Court attempted to verbalize the test as follows: "If the state statute affects a municipal affair only incidently in the accomplishment of a proper objective of statewide concern, then the state law applies even as to 'autonomous' charter cities." Department of Water & Power v Invo Chemical Co., 16 Cal.2d 744, 754, 108 P.2d 410 (1940). But none of these rules is particularly helpful in determining whether a particular subject is a municipal affair or is of statewide concern. See Sato, "Municipal Affairs in California," 60 Cal. L. Rev. 1055 (1972). Indeed, one justice lamented in an early case, "The section of the constitution in question uses the loose, indefinable, wild words, 'municipal affair', and imposes on the courts the almost impossible duty of saying what they mean." Ex Parte Braun, 141 Cal. at 214 (1903) (McFarland, J. concurring). In two recent cases, the California Supreme Court has attempted to develop a more workable test of determining what is a municipal affair. Johnson v.-Bradlevy 4 Cal.4th 389 (1992); California Fed Savings & Loan Assn v City of Los Angeles, 54 Cal.3d 1 (1991). Unfortunately, the court's approach involves a case -by -case, fact intensive review that adds little certainty to the process of defining municipal affairs. In Cal Fed, the court held that the local taxation of savings and loan institutions was not a municipal affair. After conducting an exhaustive review 030194 dd 0520082 000143 RICHARDS, WATSON & GERSHON April 1, 1994 Page 4 of the legislative history of the state regulation of the savings and loan industry, the court held that the taxation of such industry was a matter of statewide concern. The Supreme Court rejected the court of appeal's conclusion that municipal taxation was categorically a municipal affair. In Johnson, the court upheld a Los Angeles City Charter amendment that provided for the partial public funding of political campaigns for City elective offices, despite a purported ban on public financing of any election campaign imposed by a statewide initiative measure adopted by the voters, known as Proposition 73. The court found that a statewide concern was promoted by Proposition 73 which was the integrity of the electoral process. However, the court concluded that the portion of Proposition 73 that banned public financing of elections was not reasonably related and narrowly tailored to the resolution of the legitimate statewide concern of enhancing electoral integrity. Instead, the court believed that the ban had the opposite effect. The test developed by Cal Fed and Johnson involves a four step analysis. First, the court must determine whether an actual conflict exists between the local law and the state statute. If it does not, a choice between the legal conclusions "municipal affair" and "statewide concern" is not required. The Supreme Court cautioned future courts to avoid unnecessarily entertaining substantive municipal affairs questions. The court stated: "To the extent difficult choices between competing claims of municipal and state governments can be forestalled in this sensitive area of constitutional law, they ought to be; courts can avoid making such unnecessary choices by carefully insuring that the purported conflict is in fact a genuine one, unresolvable short of choosing between one enactment and the other." Ca ", supra, 54 Cal.3d at 16-17. If a genuine conflict between the local and state legislation is found, then the court takes the second step of determining whether the local law implicates a municipal affair. If the local law implicates the court must take the third step of statute involves extramural concerns 030194 dd 0520082 a municipal affair, then examining whether the state which require paramount 000144 RICHARDS, WATSON & GERSHON April 1, 1994 Page 5 state control. The court stated that "[b]y requiring, as a condition of state supremacy, a dimension demonstrably transcending identifiable municipal interests, the phrase [statewide concern] resists the invasion of intramural concern only, reserving core values of charter city government." Cal Fed, supra, 54 Cal.3d at 17. Fourth, in evaluating the statewide concern, the court must determine whether the state statute is reasonably related and narrowly tailored to the resolution of the statewide concern. In formulating its new test, the Supreme Court held that there are no fixed or mandatory categories of municipal affairs, but that each case must be examined individually taking into account the particular state and local interests involved. The court acknowledged that it was performing the role of a judicial mediator in resolving jurisdictional disputes between the state Legislature and charter cities. The Supreme Court noted that the inherent ambiguity in the terms "municipal affairs" and statewide concern" has resulted in the courts taking on the "difficult but inescapable duty of the court . . . to allocate the governmental powers under considerationin the most sensible and appropriate fashion as between local and state legislative bodies." California Fed Savings & Loan Assn. v. City of Los Angeles, supra, 54 Cal.3d at 17. Although not directly admitted by the court, this task involves both legal and political judgments on the court's part. Over the years, the courts have decided many cases in which a determination was made as to whether a matter was a municipal affair about which charter cities are free to legis- late, or a matter of statewide concern. Although this listing is not exhaustive, the following matters have been held to be of general or statewide concern, over which the state Legislature has full authority: the school system (Atherton v. Superior lation Court, 159 Cal.App.2d 417, 421, 324 P.2d 328 (1958) ); gu of traffic (Pipoly v. Benson, 20 Cal.2d 366, 3691 125 P.2d 482 (1942) ): franchises for telephone or telegraph lines (Pac. Tel. & Tel Co v Los Angeles), 44 Cal.2d 272, 279, 282 P.2d 36 (1955) ); licensing of members of a trade or profession (San Francisco v. Boss, 83 Cal.App.2d 445, 189 P.2d 32 (1948) (painting contractors)), Baron v Los Angeles, 2 Cal.3d 535, 540, 541, 86 Cal.Rptr. 673, 469 P.2d 353 (attorneys) ); municipality's responsibility for injury to the person and property of others (^astlick v City of Los Angeles), 29 Cal.2d 661, 177 P.2d 558 (1947)); taxation of banks and savings and loan associations (California Fed. Savings & Losn Assn. v. Citv of Los Ancreles, 54 030194 dd 0520082 {-! i _4 UO 000145 RICHARDS. WATSON S GERSHON April 1, 1994 Page 6 Cal.3d 1 (1991). The Ralph M. Brown Act, Government Code S54950 eett, sea., has been held to be a matter of statewide concern. (San Diego 'Union v City Council of the City of San Diego, 146 Cal.App.3d 947, 196 Cal.Rptr. 45 (1983)). The exercise of the power eminent domain is also considered a matter of statewide concern. Wilson v. Seville, 47 Cal.2d 852, 859, 306 P.2d 789 (1957). The following is a partial list of those matters judi- cially declared to be a municipal affair over which charter cities have full authority: Matters relating to a municipal election (Mackey v. Thiel, 262 Cal.App.2d 362 (1968)) and recall (Scheafer v. Herman, 172 Cal. 338, 340 (1928)); local initiatives and referendums (tawing v. Faull, 227 Cal.App.2d 23, 28 (1964); city funding of city political campaigns (Johnson v. Bradley, 4 Cal.4th 389 (1992); city council term limits (Cawdrey V. City of Redondo Beach, 15 Cal.App.4th 1212 (1993); the method for enactment of local ordinances (Brougher v Board of Public Works, 205 Cal. 426 (1928)); zoning (City of Los Angeles v. Department of Health, 63 Cal.App.3d 473, 479 (1976) except for certain subjects of zoning which have been held to be matters of statewide concern such as housing); the mode for municipal contracting (Loop Lumber Co v. Van Loben Sels, 173 Cal. 228 (1916)); the appointment, compensation, and removal of city employees (Cal. Const. Article XI, Section 5); imposition of taxes for municipal purposes (City of Redondo Beach v. Taxpayers. Property Owners etc City of Redondo Beach, 54 Cal.2d 126, 137 (1960)); the procedure for issuance of municipal bonds (City of Santa Monica v. Grubb, 245 Cal.App.2d 718 (1960)); the rendering of financial assistance to public schools (Berkeley School District v City of Berkeley, 141 Cal.App.2d 841, 846-47 (1956)1 Madsen v Oakland Unified School District, 45 Cal.App.3d 574, 579 (1975)); the procedure.for issuance of building permits (Lindell Company v Board of Permit Appeals, 23 Cal.2d 303 (1943); the acquisition and establishment of municipal parks (Reagan v. Sausalito, 210 Cal.App. 2d 618 (1962); designation of a public park as a site for a fire station (Wiley v. Berkeley, 136 Cal.App.2d 10 (1955); establishment of public markets (Bank v. Bell, 62 Cal.App.320 (1923); the management of a city alms -house (Weaver v. Reddy, 135 Cal. 430 (1902); the issuance of bonds for the repair of an existing schoolhouse and for construction of a new schoolhouse Qaw v. San Francisco, 144 Cal.384 (1904); the improvement of municipal streets (City of San Jose v. Lynch, 4 Cal.2d.760 (1935); the establishment and maintenance of sewers and drains (Cramer v. San Diego, 164 Cal.App.2nd 168 (1958); the operation of a municipally -owned utility (Blum v. San Francisco, 200 Cal.App.2d 639 (1962); the granting of a franchise to use 030194 dd 0520082 RICHARDS, WATSON & GERSHON April 1, 1994 Page 7 city streets (o o Eiecmric sa ora .LUAL - • r� --- --- ---- 169 Cal.466 (1915), Public utilities Code Section 6205); the creation of a municipal board of health for municipal employees (Butterworth v. Boyd, 12 Cal.2d 140 (1938)); the imposition of a license tax on local businesses and occupations (Ex Parte Braun 141 Cal. 204 (1903)); the imposition of a real property transfer tax (Fielder v City of Los Angeles, 14 Cal.App.4th 137 (1993) and Fisher v County of Alameda, 20 Cal.App.4th 120 (1993)). III PROCEDURES FOR ADOPTING, AMENDING OR REPEALING A CITY CHARTER Article XI, Section 3 of the California Constitution governs the procedure for the adoption, revision, amendment and repeal of city charters. Either the City Council or a charter commission established by the voters of a city may propose a charter. A charter cannot become effective unless adopted by a majority vote of the city's electors voting on the question. On the other hand, the amendment or repeal of a charter may be proposed by either the City Council, a charter commission, or an initiative proposed by the voters. The procedures for the adoption, amendment, revision or repeal of a charter are set forth in Section 34450 et sea. of the Government Code and Section 4080 At AM- of the Elections Code. The procedures established by state statute control over and pre-empt any conflicting provisions in a city charter. District Election of Supervisors Committee for 5% v. O'Connor, 78 Cal.App.3d 261 (1970). If the charter is proposed by the City Council, there is no need to establish a charter commission. The City Council may directly place the proposed charter on the ballot at a general or a special election. Government Code Section 34458. On the other hand, if the voters desire to establish a city as a charter city, the procedure is more cumbersome. First, a petition signed by not less than ten percent of the registered electors of a city must be presented to the City Council. If such petition is legally adequate, the City Council must call an election on this matter at a regularly scheduled municipal election. At the election, the voters must vote on the following question: "Shall a charter commission be elected to propose a new charter?" Also, the voters would vote on the candidates for the office of charter commissioner. The candidates shall be nominated in the same manner provided for the nomination of officers for a city government and must be residents of the city. If the first question concerning whether a charter commission 030194 dd 0520082 a . j F:UCHARDS, WATSON & GERSHON April 1, 1994 Page 8 should be elected receives a majority of the votes of the qualified electors voting at the election, the fifteen candidates receiving the highest number of votes shall become commissioners on the charter commission. However, if the first question receives less than a majority affirmative vote, no charter commission will be established. If established, the charter commission proposes a charter. Government Code Section 34455. The proposed charter must be signed by a majority of the charter commissioners and filed in the office of the city clerk. The City Council must cause copies of the charter to be printed in type of not less than 10-points. The proposed charter must be submitted to the electors of the city at a special election or at any established municipal election date, provided that there are at least 88 days before the election. If a majority of the electors vote in favor of the charter proposal, the charter will be ratified. Thus, if a charter is proposed by the voters rather than the City Council, two elections are required. The first election would establish a charter commission; the second election would propose the actual charter. The City Council, if it desires, may elect to use the charter commission process for preparing and adopting a charter. Government Code section 34552. The life of a charter commission may not exceed two years. Once a charter is adopted, the amendment of the charter does not require the establishment of a charter commission. A charter may be amended by a measure placed on the ballot by the City Council or upon a petition signed by at least fifteen percent of the registered voters. If a petition is signed by not less than fifteen percent of the registered voters of the city, the City Council must order an election in which the proposal must be submitted to the voters of the city. This election shall be held either at a special election or at any established municipal election provided that there are at least 88 days before the election. An amendment to the charter must be approved by a majority vote. An existing charter may be repealed only by a majority vote of the cityfs electors. An election held to vote on the proposed repeal of a charter may be initiated directly by the City Council or upon an initiative petition signed by not less than fifteen percent of the registered electors of the city. Elections Code Section 4080. The requirements for an initiative petition to amend or repeal a charter are set forth in Elections Code Sections 4081 to 4095. 030194 dd 0520082 im F:UcHARDs, WATsoN & GERSHON April 1, 1994 Page 9 when the voters vote in favor of the charter proposal, amendment or repeal it shall be deemed ratified, but shall not take effect until accepted and filed by the Secretary of State. Government Code Section 34459. Several steps must be taken by the city adopting, amending or repealing a section of a charter in making the filing with the Secretary of State. Three copies of the complete text of the charter or any amended or repealed section shall be certified and authenticated by the chairperson and the clerk of the City Council and attested by the City Clerk, setting forth the submission of the charter to the voters of the city and its ratification by them. One copy shall be filed with the county recorder. The second copy shall be filed in the archives of the city. The third copy is submitted to the Secretary of State with the following documents: (a) Certified copies of all publications and notices required in connection with the calling of the election on the charter. (b) Certified copies of any arguments for or against the charter proposal, amendment or repeal which were mailed to the voters. (c) A certified abstract of the vote at the election at which the charter proposal, amendment or repeal was approved by the voters. A charter proposal, amendment or repeal submitted to the Secretary of State in compliance with the foregoing procedures must be accepted and filed by the Secretary of State. After filing, the charter is published in the statutes in a charter chapter series. After a charter proposflStamendment or repeal is accepted and filed by the Secretary courts shall take judicial notice of it. IV. LEGAL, POLITICAL, AND PRACTICAL CONSIDERATIONS In deciding whether a general law city should become a charter city, there are a number of legal, political and practical considerations that need to be taken into account. Some of these considerations are the following: 030194 dd 0520082 000149 RIOHARDS. WATSON S GERSHON April 1, 1994 Page 10 1. The state Constitution is the source of a charter city's supreme power over municipal affairs. Thus, the terms of a charter are not a grant, but instead a limitation on the powers that may be exercised. Thus, great care must be taken in drafting the charter provisions to ensure that unintentional limits on the city's powers will not be adopted. For example, in City of Roseville v. TerrY 158 Cal.App.2d 75 (1958) the City Council attempted to issue revenue bonds for the expansion of its hospital without voter approval as permitted by state law. The court of appeal held that the city council did not have the power to issue the bonds without voter approval due to its charter provisions on indebtedness which contained a voter approval requirement. In this case, the city's charter prevented it from exercising broader powers otherwise permitted under state law. 2. Any type of change in the form of government can be very threatening to the residents of a community. A common reaction to the proposal of a charter is that the "politics" in the city will be altered or that more power may be exercised by one group to the detriment of another. This fear is usually not well-founded and can become quite irrational. A charter can be drafted that will not change the political organizational structure of the city from its general law structure. Similarly, municipal election requirements can follow the Elections Code. Although a charter can be drafted to easily prevent this potential controversy, such drafting will not necessarily alleviate the fear of change. 3. The fact that City Council term limits can be imposed in a charter city but cannot be imposed by a general law city may make the proposal of a charter unpopular with incumbent councilmembers or others opposed to term limits. Cawdrev v. Redondo Beach, 15 Cal.App.4th 1212 (1993). 4. There is a possibility of increased litigation if the city takes an activist role in exercising its municipal powers and testing what is a municipal affair. As discussed above, the definition of what is a municipal affair is not precise and has changed over time. Compare Ex Parte Braun, 141 Cal. 204 (1903) and California Fed Savings & Loan Assn. v. City of Los Angeles, 54 Cal.3d 1 (1991) for an example of how the Supreme Court changed its view of a charter cityls taxation power. 5. While the Government Code prescribes in great detail how a general law city is organized with no discretion left to the general law city to change the prescribed structure, 030194 dd 0520082 000599 000150 RICHARDS, WATSON & GERSHON April 1, 1994 Page it the drafting of a charter can create difficult and controversial decisions on how the proposed charter city should be organized. If the form of organization adopted differs from a general law city and creates political and practical problems, any change to the structure will require a vote of the people which is costly and unpredictable. 6. while from a legal perspective there are no disadvantages in becoming a charter city, the decision is a political one which must be made by the political decision - makers, not the City Attorney. The role of the City Attorney is simply to explain the legal ramifications of a general law city becoming a charter city. 7. Having the City Council initiate the charter process without using a charter commission does not limit public input into the drafting of a charter. The Council may appoint a citizens committee to review or prepare a draft charter. The Council also can conduct community workshops, surveys and other public opinion gathering techniques to ensure that there is a political consensus to proceed with the chartering process. Indeed, obtaining a full airing of the community's views allows the City Council to make appropriate revisions to a draft charter, and be prepared for the political dialogue that will take place during the election. 030194 dd 0520082 000151 City Attorneys Department Spring Conference League of California Cities May 4-6. 1994 Kenneth H. Lounsbery City Attorney City of San Marcos Anatomy of a Chartering Experience 000152 28 March 1994 City Attorneys Department Meeting League of California Cities May 4-69 1M Kenneth EL Lounsbery City Attorney San Marcos I INTRODUCTION The dispassionate analysis of the law as it relates to general law and charter cities is being offered contemporaneously here today by our colleague, Gregory W. Stepanicich. His brief provides the basic foundation for a comparison of the relative merits of these respective forms of governance. This paper, on the other hand, is an admittedly biased report favoring the chartering of those cities which are now in the general law category. Indeed, this may be considered the "anatomy of a chartering process," at least as experienced by the City of San Marcos. To preview, we first analyzed, on a comparative basis, the benefits of chartering. Having concluded that the potential benefits, which we will detail, outweighed the negative risks, we undertook the chore of drafting a charter document, explained its terms to the constituency, tested the reaction, and then implemented a program to more fully inform the local voters. XWADocsocm+A'% 11W2 AM 000153 COMPARATIVE ANALYSIS To set the stage, in 1993, the City Council of San Marcos had grown increasingly resistant to the State imposed costs of mandated and unfunded programs. Such mandates were, of course, aggravating the rapidly deteriorating financial environment for all cities. The Council had already directed our office to more vigorously pursue reimbursement for the cost of complying with mandatedfunfunded programs. [NOTE: Consistent with this direction, several new claims have been filed with the State Commission on mandates, the most aggressive of which is the attempt to obtain reimbursement for the 20% set aside funds for housing. The claim is now pending - we will keep the League of California Cities posted.] In concert with these cost recovery measures, the Council approved our recommendation that we review the methods and means of improving our fiscal condition through chartering. On June 8, 1993, following a 2 1/2 month period of research, we circulated to the Council the enclosed Confidential Memorandum, which thereafter was publicly distributed. The memo was actually prepared in conjunction with Greg Stepanicich's office; he had completed a similar opinion letter in 1988 which we updated to reflect the most significant decisions rendered in the past five years in the area of law defining charter city rights. A copy of our memo is attached as Exhibit A. [NOTE: Certain pertinent cases were not listed in the memo, either because they repeated the lessons of the opinions cited, or the decisions were reported after the preparation of the memo. This more recent authority is set forth in a March 8, 1994 addendum to the June 8 memorandum.] TII RECOMMENDATION Our legal analysis led us to conclude that there were definite benefits to be realized from becoming a charter city. We described these benefits in a memo also dated June 8, a copy of which is attached as Exhibit B. As an overall guiding principle, we recommended that the consideration of measures for inclusion in the charter be limited to two precise goals: L0CCX0C=17A4 lama 000559 000154 1. Measures which would serve to reduce costs; and 2. Measures which would enhance revenue generation. An ancillary to this guiding principle was the deliberate omission from consideration of any measure which would implement the several other areas of governance available to charter cities, namely, elections, terms, district formation, etc. We reasoned that San Marcos functioned satisfactorily in all such specific respects under the general law of California and that we should focus our campaign strictly upon cost saving and revenue generation measures. (NOTE: This recommendation notwithstanding, there were two departures from this basic principle which we will explain.] As a final conceptual consideration, we attempted to implement the Council's originally stated purpose of insulating the City from continued fiscal incursions by the State. The two sections of the proposed charter addressing this issue have been the most controversial. Essentially, the Council agreed with our over-all recommendation. It did, however, take specific action to reject as a part of the drafting process one section which, if adopted, would have allowed the city to take advantage of the principles enunciated in the Fielder decision, (which Greg cites and discusses in his paper), namely, the imposition of a property transfer tax. The Council made it very clear that it was only interested in enhancing its ability to generate new non -tax revenues. It was not going to be involved in raising or imposing new taxes. (This is a political reality which is likely to accompany any chartering effort.) The initial draft of the charter was changed by the Council in one other significant regard. In response to the circulation of a state-wide initiative petition opposing mobile home rent control, the Council decided to depart slightly from its "fiscal issues only" rule of charter construction. It requested the inclusion of a section which claimed as a municipal affair the stabilization of mobile home rents. The section was included in the draft only after we were satisfied that the history of mobile home rent control in California could reasonably justify the categorization of this area of governance as a municipal affair, even assuming the passage of the pending initiative measure. It must, however, be emphasized that a firm determination that mobile home rent control is a municipal affair appears to be a matter of first impression in California. Indeed, there is dictum in a 1976 decision of the State Supreme Court which suggests that one charter city assumed that rent control as applied to apartments was not a municipal affair, an assumption which was neither tested nor expressly approved by the Court. Accordingly, a draft charter was prepared and presented to the Council. A copy of the draft is attached as Exhibit C-1. The salient portions of the two page document are intended to confer the following benefits: LQCCD0003FAM l IX AM 0001.55 1. Freedom from prevailing wage requirements in public works contracts, a measure intended to achieve cost savings in future public projects; 2. Streamlined procedures and reduced costs in public financings; 3. Greater control over the acquisition, development, operation or franchising of public utilities; 4. Authority to engage in profit -making enterprises for the public benefit; and 5. A greater measure of insulation against incursions by the State into matters which are strictly municipal affairs. It is important to be reminded of the rather express purpose and focus of the draft. Such focus is best exemplified by the empowering language of Section 100. If we were intent on participating in all those areas of governance defined as municipal affairs, Section 100 would have been more broadly worded. We would have recommended the sort of language as set forth in Exhibit C-2, which was considered. Indeed, if such broad language were the empowering clause in a new charter, it would serve to avail a city of all the available benefits of chartering. So, why didn't we follow the broader, more comprehensive approach? Such approach was rejected because of the political ramifications of those powers of a charter city which San Marcos simply did not intend to exercise, particularly the power to levy a property transfer tax. IV INFORMATION CAMPAIGN Upon the preliminary approval of the draft charter, the City undertook an informational campaign which spanned the period from June, 1993, to March, 1994. This staff -generated effort was relatively low-key but it included: A. Explanatory pieces in the Fall and Winter issues of the City's house -organ, "City Lights" which is mailed to every household. B. News articles in three daily newspapers. C. Guest editorials, with responsive editorial support from board editorials. D. Speaking appearances at civic and home -owner forums. E. Preparation and distribution of the "Twenty Questions" most often asked about the charter, with plain-spoken answers. (Copies are available) Loccnomn7M io:az AM 000156 The information effort was concluded in late February by the conduct of an $18,000 professionally prepared and directed public opinion poll. The poll was made by phone of 500 of the "most likely" voters selected randomly. The poll guaranteed an accuracy or reliability rate of ± 3%. The questions were asked over a two day period. The time devoted to gathering answers was approximately 20 minutes for each response. Every section of the draft charter was the topic of inquiry. The results were reported at the City Council meeting of March 8, 1994, three days before the deadline to finalize the charter language and call the election for June 7. Summarized, the survey results were: SUPPORT SOMEWHAT DON'T SUPPORT DON'T KNOW Prior to explanation 21% 9% 6% 65% After explanation 61% 22% 9`Yo 7`Y° As a result of this record of community inquiry, and the information provided by the opinion poll, the Council decided to adopt the resolution approving the charter language and calling for a charter election on June 7. In anticipation of the election, and taking care to limit their activity to objective informational efforts only, the City staff and Council members are continuing the distribution of facts concerning the expected impact of charter adoption. V CONCLUSION We must stress that the chartering of a general law city is apt a panacea - it will not solve our fiscal problems in one stroke. But, let there be no doubt that we favor the chartering of any general law city, particularly if the city falls into the mid or small size category and faces a future of public facilities growth. If for no other reason, the potential for realizing cost savings on public works contracts would more than compensate for the cost of the chartering effort. While we realize that only 80 of the 470 cities in California are currently chartered, it is our view that iU cities have a stake in protecting or promoting charter city principles. That is why we admire the work of our colleague, Fred Merkin, and others, in the Los Angeles City Attorney's office, who have done so much to "stretch the envelope" of governance for charter cities with their work on the Cal Fed. Johnson and Fielder decisions discussed earlier. They are expanding and re -defining the home rule doctrine in a way which potentially benefits all of our clients. And it is this principle which also prompted our office to support the Santa Monica City Attorney in resisting the finality and precedential status of the Troost case which I mentioned in Loccmoco&rw%,t:rAM 000562 000157 the update of our June 8 memo. I admit that there are probably not five lawyers in this room whose clients care about the restricted sale of grave mariners. Yet, every city represented here today has a vital stake in resisting the limited scholarship applied by the court in Troost in defining a municipal affair. The California Supreme Court has enunciated principles and formulas for measuring a municipal affair in its opinion in Cal Fed. More importantly, it signaled its willingness to consider the revitalization of the home rule doctrine in its opinion in Johnson v. Bradley. In both Cal Fed and Johnson, the Court said: "T'he fact standing alone, that the Legislature has attempted to deal with a particular subject on a statewide basis is not determinative of the issue as between state and municipal affairs ..'The Legislature is empowered neither to determine what constitutes a municipal affair nor to change such an affair into a matter of statewide concern." Instead, the Court is now committed to the "vexing" task of defining a municipal affair based upon a careful factual review of each and every case. Such determination is no longer a matter of interpretation of legislative intent It has become a test of historical reality along with a dose of public policy ... a standard which presents great potential for the home rule doctrine. The old axiom that "necessity is the mother of invention" could not be more applicable. It is beyond dispute that cities are in dire need of financial help. It is our view that the Supreme Court is prepared to be the vehicle for invention through the revitalization of local governance prerogatives which could offer a measure of fiscal security to charter cities, if properly approached. Rest assured, we will only have ourselves to blame if we continue to allow the facial declarations by the State Legislature that its enactments are matters of statewide concern to, a fortiori, foreclose cities from asserting the home rule doctrine with respect to local governance. The Court has given us a license to more aggressively redefine and lay claim to our municipal affairs. We owe it to our clients to help the law grow in the direction most beneficial to the cities of this State. {ACCD00O3rM l9r 11:38 A 6 000158 TO: Mayor and Members of the City Council, City of San Marcos FROM: City Attorney, KHL RE: General Analysis of Charter City Law DATE: June 8, 1993 This is a general analysis of the law and a discussion of the advantages and disadvantages offered by the adoption of a charter by a general law city. A charter city is not subject to the general laws of the State of California with respect to its "municipal affairs." As a charter city, San Marcos would have the ability to adopt charter provisions and ordinances concerning its own municipal affairs without constraint by the general law on the subject. On the other hand, a charter city has no right to legislate in areas which have been defined by the courts and/or the state legislature as matters of "state-wide concern." Due to such designations, the distinctions between charter and general law cities have steadily diminished, particularly since the adoption of Proposition 13. Nonetheless, there continue to be certain home -rule advantages to a charter city which are worthy of consideration. While we do not discuss in this memo every area in which a charter city would be able to legislate without regard to the general laws, it is clear that a charter city could legislate concerning the following important areas: municipal elections; municipal initiative, referendum and recall elections; procedures for the adoption of ordinances; compensation for city officers and employees; public works contracts, public financing, general municipal taxes and business license taxes. Further, the constitutional prohibition against gifts of public funds does not apply to charter cities. To re-emphasize a point, the discussion which follows is general in nature and is only intended to offer a broad discussion of the law regarding charter cities. Mention of any particular charter provision should not be regarded as an endorsement of that specific element of a charter for serious consideration by San Marcos. In fact, we will adhere to the advice offered in our memorandum of this date entitled "Fiscal Independence Program" wherein we reject any charter measure which fails to improve the economic condition of the City through cost savings or revenue generation. While this is a broad analysis of all distinctions offered by a charter, in our conclusions we offer recommendations concerning the specific focus of any chartering effort ► :4CO)► • I-, I* ;,V Charter cities derive their powers directly from the California Constitution. Section 3(a) of Article 11 of the California Constitution provides: 11: t t t . •. 'ITITITWI "The provisions of a charter are the law of the State and have the force and effect of legislative enactments." Section 5(a) of Article 11 of the California Constitution provides: "It shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to general laws. City charters adopted pursuant to this Constitution ... with respect to municipal affairs shall supersede all laws inconsistent therewith." The courts have held that this provision of the constitution grants charter cities supreme authority in the area of municipal affairs. See Bishop v. City f San Jose. 1 CaBd 56, 61, 81 CaLRptr. 465, 460 P.2d 137 (1969). Of course, even the actions of a charter city concerning municipal affairs are subject to constitutional limitations, such as due process. See Wilson v. Los Angeles, 54 Cal-2d 61, 4 CaLRptr. 489, 351 P.2d 761 (1960). Thus, a charter city could exercise plenary authority over its municipal affairs free from statutory constraints, subject only to constitutional limitations. Whether a particular subject is a "municipal affair," over which the municipality has full authority, or is a matter of "statewide concern" over which the legislature has authority, is a matter for the courts to decide, although the legislature's intention will be given great weight. See Bishop v City of San Jose. 1 CaBd at 63. Also see Baggett v. Gates. 32 Ca1.3d 128, 136, 185 Cal.Rptr 232, 649 P.2d 874 (1982). The California courts have defined the term "municipal affairs" and have distinguished "municipal affairs" and areas of "statewide concern" in various ways through the years. Municipal affairs have been said to "refer to the internal business affairs of a municipality." Fraglev v. Phelan. 126 CaL 383, 387, 58 P. 923 (1899) (Garoutte, J., concurring). The term has been said to "include all powers appropriate for a municipality to possess, ..." Ex Parte Braun, 141 Cal. 204, 209, 74 P. 780 (1903). In a more recent case, the California Supreme Court attempted to verbalize the test as follows: "If the state statute affects a municipal affair only incidentally in the accomplishment of a proper objective of statewide concern, then the state law applies even as to 'autonomous' charter cities." Department of Water & Power v. Inyo Chemical CO., 16 Cal.2d 744, 754, 108 P.2d 410 (1940). Yet, none of these rules is particularly helpful in determining whether a particular subject is a municipal affair or is of statewide concern. See Sato, "Municipal Affairs in California," 60 CAL L. Rev. 1055 (1972). Indeed one justice lamented in an early case, "The section of the constitution in question uses the loose, indefinable, wild words, 'municipal affair', and imposes on the courts the almost impossible duty of saying what they mean." Ex�rtte Braun, 141 Cal. at 214 (1903) (McFarland, J. concurring). Over the years the courts have struggled to determine that certain subjects are municipal affairs about which charter cities are free to legislate, and that other subjects are matters of statewide concern. Although this listing is not exhaustive, the following matters have been held to be of general or statewide concern, over which the state legislature has full 0311 3:31.M - 2 -OOMG5 000160 authority: the school system (Atherton v Supgrior Court. 159 CaLApp.2d 417, 421, 324 P.2d 328 (1958); regulation of traffic (Pinoly v. Benson. 20 Cal.2d 366, 369, 125 P.2d 482 (1942); franchises for telephone or telegraph lines (Pac Tel Tel Co. v. Los Angeles), 44 Cal.2d 272, 279, 282 P.2d 36 (1955); licensing of members of a trade or profession (San Francisco v. Boss, 83 CaLApp.2d 445, 189 P.2d 32 (1948) (painting contractors), Baron v. Los Angeles. 2 CaOd 535, 540, 541, 86 CaLRptr. 673, 469 P.2d 353 (attorneys)); municipality's responsibility for injury to the person and property of others ffiga igk v. City of Los Angeles), 29 Cal.2d 661, 177 P.2d 558 (1947)); taxation of savings and loan associations (California Fed. S&L v. City of Los Angeles) 54 CaL3d 1, 283 CaLRptr. 569 (1991). The Ralph M. Brown Act, Government Code §54950 et seq., has been held to be a matter of statewide concern. (San Diego Union v City Council of the City of San Diego, 146 CaLApp.3d 947, 196 CaLRptr. 45 (1983)). The exercise of the power eminent domain is also considered a matter of statewide concern. Wilson v. Beville. 47 Cal. 2d 852, 859, 306 P.2d 789 (1957). Accordingly, the adoption of a charter would generally not affect these or other matters held to be of statewide concern. The following is a partial list of those matters judicially declared to be a municipal affair over which charter cities have full authority: Matters relating to a municipal election (Mackey v. Thiel, 262 CaLApp.2d 362 (1968)) and recall (Scheafer v. Herman, 172 Cal. 338, 340 (1928)); the method for enactment of local ordinances (Brougher gher v Board of Public Works, 205 Cal. 426 (1928); zoning QV of Los Angeles v Department of Health, 63 CaLApp.3d 473, 479 (1976); the mode for municipal contracting (Loop Lumber Co v. Van Loben Sels, 173 Cal. 228 (1916); the regulation of the city police force and the appointment, compensation, and removal of city employees (Cal. Const. Article XI, Section 5); imposition of taxes for municipal purposes CLty of Redondo Beach v Taxvavers p= Owners. Etc.. City of Redondo Beach, 54 Cal.2d 126, 137 (1960)); the procedure for issuance of municipal bonds (City of Santa Monica v. Grubb. 245 CaLApp.2d 718 (1960; the rendering of financial assistance to public schools (Berkeley School District v City of Berkeley 141 Cal.App.2d 841, 846-47 (1956), Madsen v Oakland Unified School District 45 CaLApp.3d 574, 579 (1975)); the procedure for issuance of building permits (Lindell Company v Board of Permit ApRcal , 23 Cal.2d 303 (1943); the acquisition and establishment of municipal parks (Reagan v. Sausalito. 210 Cal.App. 2d 618 (1962); designation of a public park as a site for a fire station (Wiley v. Berkeley. 136 CaLApp.2d 10 (1955); establishment of public markets Bank v. Be1L 62 CaLApp.320 (1923); the management of a city alms -house (Weaver v. Reddy. 135 Cal. 430 (1902); the issuance of bonds for the repair of an existing school house and for construction of a new schoolhouse (L &w v. San Francisco. 144 Cal. 384 (1904); the improvement of municipal streets (tiny of Sari Jose v. synch, 4 CaL2d 760 (1935); the establishment and maintenance of sewers and drains (Cramer v. San Diego, 164 CaLApp.2d 168 (1958); the operation of a municipally -owned utility Blum v. San Francisco 200 CaLApp.2d 639 (1962); the creation of a municipal board of health for municipal employees Butterworth v Bold, 12 CaL2d 140 (1938); the imposition of a license tax on local businesses and occupations (Ex Parte Braun. 141 Cal. 204 (1903); and the imposition of a real estate transfer tax (Fielder v. City of Los Angeles) 14 CaLApp.4th 137, _ CaLRptr. 2nd (1993). mn~:So PM - 3 - 000566 nnniai To better understand the scope of those areas of governance which have been designated as municipal affairs, it is helpful to examine such functions in more detail. A charter city has the power to impose general taxes for municipal purposes regardless of conflicting state statutes. This power is subject, however, to any applicable constitution limits such as Article X IIA of the California Constitution (commonly known as Proposition 13). The manner in which Article IMA and appropriately drafted charter provisions would operate in concert must be the subject of a considerably more detailed analysis in the context of specific charter language. Proposition 62, approved by the voters at the November 1986 general election, added Sections 53720 to 53730 to the Government Code. This law requires all new general taxes to be approved by a two-thirds vote of the city council and a majority vote of the voters voting in an election on the issue. Section 53721 defines general taxes as taxes imposed for general governmental purposes as compared to special taxes which are imposed for specific purposes. Since Proposition 62 amended the state's general laws rather than the Constitution, its requirements may only apply to a general law city. A charter city, whose charter reserves the powers of local taxation, would not appear to be subject to Proposition 62. Again, this is an issue which requires more study in the context of specific charter language. [NOTE: The distinction between general and special taxes, as defined and regulated by Proposition 13, will also be discussed in a separate memorandum. The advantage of a charter city in handling special taxation issues is interesting to consider.] Generally, however, it is helpful to examine two recent cases which have been particularly instructive on the distinction between a municipal affair and a matter of state-wide concern as those terms are applied to taxation. In the case of California Federal Savings & Loan Association V. City of Los Angeles_, 54 CaBd 1, 283 CaLRptr. 569 (1991), the City of Los Angeles imposed upon savings and loan associations a "business license" tax which, for all intents and purposes, was based upon revenues, thus, could be compared to a form of income taxation. In ruling that the taxation of a savings and loan is not a municipal affair but, rather, is a matter of statewide concern, the Supreme Court relied heavily upon the elaborate and deliberate scheme established by the State Legislature for the uniform regulation of savings and loan associations. It is important to note that the definition of a matter of state-wide concern was not based simply upon the decision of the state to lay exclusive claim to this particular form of taxation as a revenue source. Instead, the court's decision was based upon an exhaustive history of legislative intent which proved that the legislature was striving mightily to relieve the savings and loan industry from a patch -quilt of local regulation which would render savings and loans less competitive in comparison to traditional banking institutions. mn~:sR na - 4 - 00MG7 0001R? Indeed, the Court seemed to go to great lengths to describe the continuing vitality of charter cities by confirming the definition of municipal affairs. While some observers cited the outcome in the case as a blow to home rule, others referred to the comparatively narrow ruling as a definition of the burden which must be met in establishing a function of government as a state-wide concern. More recently, the Supreme Court has allowed to stand a decision of the Court of Appeal which confirms a revenue measure as a municipal affair. In Fielder v. City of Los Angeles • 14 CaLApp.4th 137, _. CaLRptr.2d _ (1993) the City of Los Angeles had imposed upon every sale of real estate within the City a transaction tax. A resident who sold his home challenged the tax, attempting to apply the rationale of the California Federal case. Rejecting the argument, and ruling that the imposition of a real property transfer tax was a municipal affair, the Court said: "Since charter cities such as defendant have sovereign power over municipal affairs .... (state law) does not necessarily restrict the power of a charter city to impose a transaction tax such as that enacted by number 166976. The Legislature may preempt such conflicting charter legislation only where the matter addressed is one of such state-wide concern as to warrant the Legislature's action. (citing California Egd_l The point to be made is that taxation as a municipal affair will be defined on a case - by -case basis and a charter city is free to exercise its authority in any area where the state does not have a clearly demonstrated need for a uniform regulatory scheme. We will recommend inclusion in the chartering effort of a provision which addresses this issue. Public Financing A charter city may finance various public improvements without complying with certain provisions of state law. In City of Santa Monica v. Grubb 245 CALApp. 2d 718, 54 CaLRptr. 210 (1966), the City of Santa Monica, a charter city, enacted a procedural ordinance which incorporated the provisions of the Revenue Bond Law of 1941, but did not incorporate the provisions which required approval of the bonds by a majority of the voters. The court held that because the City is a charter city, it may issue revenue bonds, and is not subject to the provisions of the Revenue Bond Law of 1941. The City was held to be free to adopt a portion of the Revenue Bond Law of 1941 while eliminating the election requirements. General law cities are also subject to the Improvement Act of 1911 or the Municipal Improvement Act of 1913 in connection with financing public improvements through the levy and collection of special assessments. However, in t W Jones Companies v City of San Diego, 157 Cal.App.3d 745, 203 CaLRptr. 580 (1984), the court held that the City of San Diego, a charter city, was empowered to finance public improvements through assessment proceedings provided for by ordinance without complying with the 1911 Act or the 1913 Act The City enacted a procedural ordinance providing for a facilities benefit assessment district, whereby assessments were apportioned so as to place a present lien on undeveloped property to pay in the future for public improvements to be installed to accommodate future residents. Thefailure of =~:".M - 5 - 000568 nnnii;q the ordinance to mirror general state law did not affect the power of the City to require undeveloped land to bear the costs of public improvements which would be needed by future residents. Charter provisions regarding public financing can effect cost -savings and increase yields on financings; thus, we will recommend inclusion in the draft charter of a measure on this topic. Public Works Contracts The courts hold that the construction of city public works is a municipal affair. Therefore those provisions of general law requiring cities to solicit public, competitive bids for public projects do not apply to charter cities. In Smith v. City of Riverside. 34 CaLApp.3d 529, 110 CaLRptr. 67 (1973), the city exempted a certain public works project from the general public bidding requirement contained in its charter, as another provision of its charter allowed it to do. The plaintiffs argued that Riverside's failure to require competitive, public bidding for a public project violated Government Code section 37901 et seq. (now Public Contract Code § 20161 et seq.). The court concluded "the construction of city water and electrical facilities is a municipal affair." 34 Cal.App.3d at 534. In accord Piledrivers' Local Union v. City of Santa Monica. 151 CaLApp.3d 509,198 CaLRptr. 731(1984) (rebuilding of Santa Monica Pier.), R& A Vending Services Inc v Cily of Los Angeles, 172 CaLApp.3d 1188, 218 CaLRptr. 667 (1985) (suit by disappointed bidder for Griffith Park concession held properly dismissed.) Under these authorities a charter city could, if it deemed it to be in the public interest to do so, provide for construction of public works by utilizing its own forces or by negotiated contracts, or other means not authorized in the Public Contract Code. Significant cost savings in public works contracts can be realized through a charter provision and such a measure will be recommended for inclusion. Business License Taxes Both general law cities and charter cities have the power to impose business license taxes for revenue purposes. Charter cities have long been considered to have this power, even in the face of conflicting state statutes. See Ex Parte Braun, suns (charter provision imposing a local license tax prevailed over a state statute, since repealed, prohibiting such taxes); C1T Los Angeles v A.E.C.Los Angeles 33 CaLApp.3d 933, 109 CaLRptr. 519 (1973) (Holding city may impose tax based on gross receipts on contractor which did majority of its business with the State of California.) Under Government Code Section 37101 general law cities also have the power to impose business license taxes. There does, however, remain one potential distinction between general law and charter cities in the area of business license taxation. To whatever extent state law imposes a ceiling or cap upon a business license tax, a properly worded charter could afford the ability to avoid such limit. Due to the potential for increasing revenue yields and sheltering against State - imposed subtractions or reductions, a provision on this topic should be included in a draft charter. O„&.05:u.M - 6 - OOQS£9 000164 A charter city has broad power to establish conditions and regulations on the granting of franchises to use the city streets to persons or corporations seeking to furnish light, water, power, heat, transportation or communications services in the City. An analysis of this issue starts with Article XI, Section 9 of the California Constitution: "§ 9. Public works in municipalities; operation or regulation Sec. 9. (a) A municipal corporation may establish, purchase, and operate public works to furnish its inhabitants with light, water, power, heat, transportation, or means of communication It may furnish those services outside its boundaries, except within another municipal corporation which furnishes the same service and does not consent. (b) Persons or corporations may establish and operate works for supplying those services upon conditions and under regulations that the city may prescribe under its organic law." The predecessor of this Section, Article XI, Section 19, was construed by the California Supreme Court as follows: "It first makes to all municipal corporations a direct grant of power to make and operate public works of the kinds enumerated. As to works of like kind to be operated privately, the design was to place them all in control of the municipality. Following out this design, the succeeding provision expressly limits the pre-existing powers and right available to private corporations and natural persons. They are Dermitted to enpyaPe in such enl=rises within the city only "upon such conditions and under such regWations as the munigiuWily may prescribe." (emphasis added) Matter of Russell, 163 Cal. 668 at 672, 673 (1912). The Russell case was cited, explained and followed by the California Supreme Court in Oro Electric Corporation v Railroad Commission.169 CaL 466 (1915). In Oro Electric, the Supreme Court restated the Russell case ruling quoted above, and explained that it was not affected by the reversal of the Russell case on other grounds by the U.S. Supreme Court in Russell v Sebastian, 233 U.S. 195, 58 L.Ed. 912, 34 S.Ct. Rep. 517. The Oro Electric court had before it the charter of the City of Stockton, and an ordinance adopted by the city council granting Oro Electric a franchise to construct and maintain its electricity distribution system in the city streets. The case involved delineating the jurisdiction of the Railroad Commission to decide whether the utility should have a certificate of public necessity and convenience to establish the enterprise and the jurisdiction of the city to mn~:szrw - 7 - OWS- U grant a franchise to use the city streets. The court held that the Commission had the authority to "grant a certificate authorizing a public utility to engage in business in a given city, but the certificate would not authorize the use of the streets, unless the right to so use them had been given by the authority vested with the power to grant such right [the City]." (169 Cal. at 476). The court went on to discuss the conditions and regulations that the city could impose under the constitutional provision quoted above, and stated: "The conditions and regulations are to be such as the municipality may prescribe 'under its organic law.' It seems clear to us that this language contemplates a power of control exercised, either in accordance with conditions and regulations defined in the organic law itself, or in accordance with conditions and regulations defined by some municipal agency to which the necessary authority has been given by the organic law of the city. In other words, the section does not, ex p�onn� vieore, give to all cities the power to regulate public utilities operating within their borders; it merely paces the utilities under such control as mueyrovided for by the charter or other organic law of the city." (169 Cal. at 482; emphasis added). This suggests that one must look next to the "charter or other organic law of the city" to determine the nature of the regulation. The Oro Electric court went on to say in this regard: "After a further study of the new section, we cannot believe that the words conferring on cities a power to control certain public utilities "under their organic law" constitutes a grant of unlimited or specific power over such utilities ... to any city whose organic law contains no provision for the exercise of such power." A charter could provide that the city shall have plenary powers to impose conditions and regulations over the utility services seeking franchises to use the city streets, to the maximum extent permitted by the California Constitution and the Constitution of the United States. The limitations would seem to be that the conditions and regulations imposed by the City must not invade the exclusive jurisdiction of the Public Utilities Commission, or violate the constitutionally protected rights of due process or equal protection of the law. The power of a general law city over franchises in city streets, while stemming from Article XI, Sec. 9 of the California constitution , is limited by statute. Thus, in Oro Electric Corp.v R.R. Commissioner, gyp, the California Supreme Court rejected the claim of Oro Electric that the Broughton Act gave the city authority to grant certain franchises: "Finally, the petitioner claims that the Broughton Act' (scats. 1905, p. 777), gave to every city authority to grant franchises for transmitting electric light and power. But we think it clear that this act merely places restrictions upon the Umfing of franchises, where the power to grant such franchises exists otherwise. As was said in Sunset Tel & Tel. Co. v. Pasadena, 161 03n&%07:Si PM - 8 ()W571 nnnirin Cal. 265, 272, [118 Pac. 7961, the 'whole purpose' of the act 'was to prescribe the method and conditions upon which the franchises included within its terms might be granted by the legislative body authorized by law to make the grant.' The act does not authorize any board or council to grant a franchise." (169 Cal. at 482, 483.) (emphasis added) The statement of the Supreme Court has not been questioned by later decisions, and it appears to be the law that the Broughton Act (Public Utilities Code Secs. 6001-65017) is not a grant but a limitation on the power of cities to grant franchises for the use of city streets. An alternative procedure is provided by the Franchise Act of 1937 (Public Utilities Code Secs. 6201-6302). The Act specifically provides for the terms of the franchise and states that any additional terms of the franchise may not be in conflict with the Act (Pub. Util. Code 6203). The provision in binding on general law cities, but the Act does not apply to charter cities whose charters provide for the issuance of franchises. Section 6205 states: "'This chapter [the Franchise Act of 1937] does not apply to any municipality having a free -holders' charter adopted and ratified under the Constitution and having in such charter provisions for the issuance of franchises by the municipality, but nothing contained in this chapter shall restrict the right of any such chartered municipality to avail itself of the provisions of this chapter wherever it may lawfully do so. The provisions of this charter relating to the payment of a percentage of gross receipts shall not be construed as a declaration of legislative judgment as to the proper compensation to be paid a chartered municipality for the right to exercise franchise privileges therein. (Stets. 1951, C. 764, p. 2166, § 6205.)" The statute not only exempts chartered cities from the provisions of the Franchise Act of 1937, it makes clear that the statutory provision for payment of a percentage of gross receipts as compensation for a franchise is not intended to be a guide as to the proper compensation for franchises in chartered cities. A city could provide in a charter for its own franchise procedures and could structure its own formula or method for compensation, which could be designed to accommodate the unique or individual circumstances of the City. The charges imposed must, of course, meet the constitutional standards of due process and equal protection. In addition to designing its own fee or compensation structure, the charter may also provide for the imposition of other conditions and regulations which are authorized by Article XI, section 9 of the Constitution to be prescribed in the "organic law" of the City. Such conditions and regulations should not invade the jurisdiction of the Public Utilities Commission which is also derived from the Constitution. The potential for revenue generation justifies the inclusion in a draft charter of a measure on this municipal affair topic. M&MW:M rM -9- 000.167 Article 11 Section 5(b) of the California Constitution provides as follows: "Plenary authority is hereby granted ... to provide ... [in a chatter] or by amendment thereto, the mariner in which the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city shall be elected or appointed, and for their removal..." In keeping with the language of this constitutional provision, the California courts have uniformly held that the conduct of municipal elections in a charter city is a municipal affair subject to municipal control. Provisions in a city charter or ordinance providing for the conduct of municipal elections apply to such elections rather than the general law. See, e.g. MacKey v. Thiel, 262 CaLApp.2d 362, 68 CaLRptr. 717 (1968) (Provisions of Los Angeles Elections Code prevail over California Elections Code provisions providing for the mailing of candidate qualifications pamphlets.), Rees v. Layton, 6 Cal.App.3d 815, 86 CaLRptr. 268 (1970) (Los Angeles Elections Code provisions concerning identification of candidates on ballot apply rather than different provisions in California Elections Code. In a more recent decision of note, Johnson v. Bradley 4 Cal.4th 389; 14 Cal.Rptr.2d 470 (1992), the California Supreme Court upheld a Los Angeles campaign funding charter measure as being the regulation of a municipal affair. The local measure was challenged by the proponents of a state-wide initiative which purported to address a statewide concern of campaign reform and contradicted portions of the local regulation. The case is the more interesting because the court side-stepped its usual rule of judicial restraint (the state-wide initiative had already been ruled unconstitutional in Federal court) and appeared anxious to apply its "municipal affair vs. statewide concern" formula for comparative analysis, as announced in C&l Fed. supra. Finding that it had the duty to look beyond the facial claim in the state initiative that its terms addressed a matter of state-wide concern, the court ruled that the regulation of the local campaign process "implicates" a municipal affair and that the state initiative was an invasion of an area of directly intramural concern.. Therefore, under the California Constitution and the cases interpreting it, a charter city would be able to legislate concerning its own elections. Recognizing, however, that such a measure would confer no fiscal benefit, it will not be recommended for inclusion in the charter. Initiative Referendum and Recall California Constitution Article 4 Section 1 provides that "the people reserve to themselves the power of initiative and referendum." The Constitution also provides, at Article 2, Section 11: "Initiative and referendum powers may be exercised by the electors of each city or county under procedures that the Legislature shall provide. This section does not affect a city having a charter." 03/I6f"05:56 PM - 10 - OOM73 FITITITIffn Thus it has been held that charter cities may provide for the manner in which the powers of initiative and referendum may be exercised, so long as they do not impinge upon the basic rights of initiative and referendum expressed in the constitution, and so long as they do not devise procedures so restrictive that it is virtually impossible to exercise those rights. See, e.g. Atlas Hotels Inc v. Acq' 230 CaLApp.2d 658,41 CaLRptr.231(1964), (holding ordinance at issue not subject to referendum under city charter), ?.awinE v, Fau». 227 CaLApp.2d 23, 38 CaLRptr. 417 (1964). The Lawing court, at page 29, explained its holding as follows: "[W]ho best can determine what will provide most effectively a fine balance between the legislative powers delegated to the elective representatives of a city, on the one hand, and initiative and referendum powers reserved to the people of such city on the other? Certainly, it is the people of the particular cities involved who are familiar with local conditions who are best able to regulate such matters either by means of charter provisions ... or by ordinance." 237 CaLApp.2d at 29. Thus, a charter city could devise procedures for the exercise of the initiative and referendum rights which may differ from those set forth in California's general law. It has also been held that "the subject of the removal of officers of a city and county, by means of a recall, when provided for in a special charter, is a municipal affair ... and that, consequently, it is not subject to or controlled by general laws inconsistent therewith." Schaefer v. Harman 172 CaL 338 155 P.1084 (1916) (Holding recall petition valid because presented in accordance with provisions of San Francisco charter.) There is no economic benefit to be realized by exercising this element of municipal authority; thus it will not be included in the draft charter. It is well established in California that the mode and manner of enacting ordinances is a municipal affair. In Brougher v Board of Public Works. 205 Cal.426, 271 P. 487 (1928), plaintiffs argued that the City of an Francisco failed to follow procedures prescribed by state law concerning the adoption of a zoning ordinance, and hence the ordinance was invalid. The court rejected this argument, stating "[i]t has repeatedly been held by this court that the manner of enacting municipal ordinances is a municipal affair. (citations omitted.)" 205 Cal. at 438. Therefore, statutory procedures need not be followed. Because the adoption of an ordinance is considered a municipal affair, a charter city would not be bound by the general law procedures concerning the adoption of ordinances but would be free to adopt its own procedures. Again, however, because no economic gain can be realized, a charter provision on this point will not be included. 07/16N.6i:St PM - 11 - 000574 000169 omnensation of Officers and Emnlg= Article H Section 5(b) of the California Constitution, quoted above in part, also provides that charter cities have "plenary authority" to provide "for [the] compensation" of their officers and employees. Compensation of officers and employees, including the providing of pension benefits, has been held to be a municipal affair over which cities have full authority. See Sonoma County Organization of Public Employees v. County of Sonoma, 23 CaUd 296, 152 Cal.Rptr.903, 591 P.2d 1 (1979), (Government Code section declaring null and void any city's agreement to pay its employees cost of living increases declared unconstitutional.) B_ellus v_ City of Eureka. Ca1.Rptr. 135, 444 P. 2d 711 (1968) (Holding city not bound by State Pension Act). Therefore, charter cities are not, for example, subject to the limitations on the salaries of city council members contained in Government Code Section 36516. Charter cities may provide for the compensation of their elected officers, officials and employees in a manner or in amounts different from the provisions of general law. For example, the Charter of the City of Los Angeles provides that the Official Salaries Commission makes recommendations to the city council concerning the salaries of elected officials. The salaries of officers and employees are fixed by ordinance. See Charter of City of Los Angeles, Sections 65.5, 66. But while the fixing of compensation for city employees is a municipal legislative function, local legislation which conflicts with state statutes intended to regulate the entire field of labor relations of public employees throughout the state is invalid. See San Leandro Police Officers Assn v City of San Leandro, 55 Cal.App.3d 553, 127 CaLRptr. 856 (1976) (Local ordinance setting compensation for employees discriminated against employees who had joined a union and was in violation of the Meyers, Milias, Brown Act) The issue of compensation of public officials has no bearing upon the unproved economic condition of the City and a measure on this point will not be included. Gifts of Public Funds Article 16, Section 6 of the California Constitution provides: "The legislature shall have no power to ... make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation whatever. The courts have repeatedly held that this section does not apply to charter cities, reasoning as follows: "This provision of the constitution is in the article regulating the powers of the legislative department of the state government and is a limitation on the power of the state legislation. The powers of the City of Los Angeles are not derived from the legislature but from a freeholders charter directly provided for by the constitution." Tevis v City & County of San Francisco, 43 Cal.2d 190, 197, 272 P. 2d 757 (1954), quoting Los Angeles G. & E. Cora. v. Los Angeles. 185 Cal. 307, 205 P. 125 (1922). The courts have rejected the argument that certain expenditures by charter cities concerning their municipal employees violate the prohibition against gifts of public funds on the nnna"n grounds that the provision does not apply to charter cities. b Tevis v. City & Coumv of San Franciscosupra. the court upheld the retroactive applications of a charter amendment providing for payment for accrued vacation to certain public employees, although it was argued that the prohibition against gifts of public funds was thereby violated. In Social Workers Union Local 535 v County of Los Angeles. 270 Cal.App.2d 65, 75 CaLRptr. 566 (1969) the awarding of a bonus to employees who had not participated in a social workers' strike was also upheld. But in the case of general law cities, similar expenditures have been held to violate the prohibition against gifts of public funds. In Albright v City of South San Francisco. 44 CaLApp.3d 866, 118 CaLRptr. 901 (1975), the court held that a flat expense allowance to the mayor and city councilmen, to the extent it exceeded amounts actually spent by them, was a gift of public funds. The courts have also held that contributions to charitable or civic organizations by the legislature or a general law city violate the constitution's prohibition against gifts of public funds. See Patty v. Colgan, 97 CAL 251, 31 P. 1133 (1893) (charitable contribution to victims of Tijuana floods.), McClure v. Me. 22 CaLApp. 248, 133 P. 1145 (1913) (legislative appropriation for traveling expenses of veterans of Gettysburg to fiftieth anniversary of the battle.) Such restrictions would probably not apply to charter cities. The inapplicability of the constitutional provision to charter cities does not authorize them to spend in an irresponsible matter, charter city expenditures should be for a public purpose. But the non -application of the constitutional prohibition against gifts of public funds gives charter cities more flexibility than general law cities with respect to the spending of public funds. The relaxation of the general gift of public funds rule does not, however, result in a potential economic benefit to the City; thus such a measure will not be recommended for inclusion in the Charter. Based upon a general discussion of the legal authority set forth above, we outline below the potential advantages and disadvantages of chartering. Advantages of a Charter If a charter should be adopted, the city council would be able to exercise greater local control over municipal affairs, as illustrated by the above discussion. As a charter city, San Marcos could exercise control over the levy of general taxes with respect to any matter which is a municipal affair. The requirements of Proposition 62 probably would not apply with respect to the adoption of general taxes. Charter cities are empowered by the constitution and statutes to charge different fees or compensation for franchises than are provided by the Broughton Act or Franchise Act of 1937 and that authority, coupled with the constitutional authority to prescribe by charter conditions and regulations for the granting of franchises, offers substantial advantages to a charter city. M6040:%PM -13- 000576 000171 public works contracting procedures could be made more flexible as could procedures with respect to revenue bond financing. A charter could over -ride the statutory limitation placed upon the levy of a business license tax. As to municipal elections, the city council could prescribe longer or shorter filing periods, longer or shorter notices of election, different nominating procedures, different terms of office, different procedures for voting by mail or other election procedures. Initiative, referendum and recall provisions could be different, as to the number of signatures required, requirements as to notice or other procedures, in addition to different election procedures, provided that these constitutional rights are not impaired by the City's requirements. Ordinance adoption procedures could be modified, such as reading by title, period of time between first and second readings, whether two readings should be held or whether one is sufficient compensation of council members, city officers and employees could be governed by charter and relieved of statutory constraints. Financial support could be given to worthwhile organizations or projects affecting the public interest with less restriction by the gift of public funds limitation. Disadvantages of a Charter We see no legal disadvantages to the adoption of a charter, although the following practical factors may be perceived to be disadvantages: (1) The consumption of the time and effort required to formulate a charter. (2) The professional expense in drafting and the election expense in adopting a charter. (3) The adjustment or change from many years of operation under the general law. (4) The uncertainty that may arise on occasion as to whether a specific matter is one of municipal concern governed by the charter, or of state-wide concern, governed by statute. This could give rise to a legal test if an issue should arise in an undefined area when the charter and general law may differ. (5) The fact that the city would not have the benefit of any new state legislation on matters of municipal concern unless action is taken by the city council to adopt it. SIMcific Recommendations As noted throughout the text, we will only recommend the inclusion within a draft charter of measures which result in a cost savings to the City, assist in generating increased o„ 6womPM -14 - CM57 ' 000172 revenues, or serve to guard against the diminution of existing revenues by State or Federal action. Accordingly, we recommend the inclusion of measures in the following areas of municipal concern: (1) Local control of general or special taxes; (2) Formulation of cost -beneficial rules for public financings; (3) Formulation of cost -beneficial rules for the award of public works contracts; (4) Control over business license revenues; (5) Greater control over revenue and operation of franchised utilities. We expressly recommend against measures within the charter which address the following municipal affairs: (1) Amendment of election procedures; (2) Amendment of terms of office of elected officials; (3) Alteration of ordinance adoption procedures; (4) Designation of compensation of city officials; (5) Amendment with respect to the general rules concerning gifts of public funds. The draft charter to be presented will reflect the above -described recommendations. mn~M FM -15- nnniPin 1 RV$ Nal: 1 _ I .._ I TO: Mayor and Members of the City Council, City of San Marcos FROM: City Attorney, KHL RE: General Analysis of Charter City Law; Update DATE: March 8, 1994 in our memorandum of June 8, 1993, we provided a general analysis of the law as it relates to the conversion of a general law city to chartered status. Since the preparation of that memo, several cases have been reported which must be noted. The organization of our earlier memo, by the categorical definition of certain areas described as municipal affairs, is carried forward below. �MK! 6i In Cawdrey v. Redondo Beach 15 Cal.App.4th 1212; 19 CaLRptr.2d 179 (1993), the Court of Appeal upheld the decision of the trial court which had ruled that a city charter provision limiting the terms of the mayor and council members was a municipal affair and was not preempted by state law. The Court stated: "The fact standing alone that the Legislature has attempted to deal with a particular subject on a statewide basis is not determinative of the issue as between state and municipal affairs ... The Legislature is empowered neither to determine what constitutes a municipal affair nor to change such an affair into a matter of statewide concern." (At page 1226). General MunidVII Taxes In the matter of Fisher v. Alameda 20 CaLApp.4th 120; CaLRptr.2d (1993), the Court of Appeal rejected a taxpayers' challenge of a municipal real estate transfer tax unposed by the City of Berkeley, a charter city. Following Fielder. the Court ruled that the transfer tax was a special tax, levied for a specific purpose and, although it conflicted with Government Code §53725 which provides that "No local government or district may impose any ad valorem transaction tax or sales tax on the sale of real property," the subject of the state F3LAMp(p.Dp(,)wn&% ohm PM 000174 statute did not qualify as a statewide concern and the local measure was preemptive as a municipal affair. iutmumeous In the case of "-- ^f Sans Monica No. B066850, 93 Daily mnci ivionutnetlt C'oy Ci Journal D.A.R. 1533, the Second Appellate District, Division Four, of the Court of Appeal ordered published an opinion which falls into a general category which was not addressed in our memo of June 8, 1993. For want of a better description, we would define this category of municipal affair as an "Entrepreneurial Concern." In this instance. the City of Santa Monica, a charter city, was enjoined from enforcing its ordinance allowing the sale of grave markers. The Court ruled that the ordinance was invalid as being preempted by state statute. In a rather curiously reasoned opinion, the Court found that the state statute regulating the disposition of human remains, including the sale of gave markers, was a matter of statewide concern. The is no independent factual analysis offered by the Court to sustain the es have petitioned City of Santa Monica, City of San Marcos and the League pending e e this date. the Supreme Court to depublish the opinion. A decision in that regard is MtMVriAINLJW M TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY ATTORNEY/CITY STAFF DATE: JUNE 8,1993 SUBJECT: CHARTERING PROCESS This is a general discussion of the chartering process which is offered in the context of the legal analysis set forth in our Confidential Memorandum of the same date. The authority cited in our Confidential Memorandum provides the legal framework for the recommendations below: Narro_ w Focus Our inquiry into the potential benefits of a charter was originally prompted by the growing need for local fiscal independence. We strongly recommend that any chartering effort that is undertaken be limited to address precisely this issue. DO NOT ENTERTAIN CONSIDERATION OF ANY ONE OF THE SEVERAL MUNICIPAL AFFAIRS WHICH BEAR UPON GOVERNANCE BUT HAVE LITTLE IMPACT ON THE FISCAL INTEGRITY AND INDEPENDENCE OF THE CITY. Diversion from our primary purpose will only serve to politicize the process, dilute the effectiveness of the final charter proposal, and reduce public support for its passage. In testing a matter of local concern for inclusion in the chartering process, we should only consider measures about which at least one of the following questions can be answered in the affirmative: Would a charter provision on a particular topic ... 1. Result in a cost savings for the City? 2 Provide greater local control of public revenue generation? 3. Offer new opportunities for public/private generation of local revenues? 4. Increase protection against the withdrawal of taxpayer funds by state and federal governments and assure retention of revenues locally? Comparing these aruleso for the focus of a chartering effort to the discussion of matters which the law has placed in the category of a municipal affair, we recommend that the preparation of charter language be directed solely to the following topics: 06041011:11111111111tl� 000176 Public Financing General Municipal Taxes Business License Taxes Public Works Contracts utility Franchises All other matters of governance can be addressed in the charter by reference to those general laws which are applicable to the areas which are not covered by the express language of the charter. Dr _ considerations The older charter cities in California, e.g. San Diego and San Francisco, possess lengthy, ponderous charters which, over the years, have been added to, amended, revised and otherwise tortured to the point where the documents have grown contradictory and obtuse. Virtually every matter which the law defines as a municipal affair has been addressed in the California collection of 84 charters. Interpretation of such documents has become the province of a few attorneys who have developed a background in the arcane quirks of local charters. Ironically, the more lengthy, detailed charter documents have had a tendency to limit the very purpose of a charter. Instead of broadening the power to govern locally, detailed charter language has been interpreted by the courts to be an attempt to define the limits, rather than the breadth, of local governing authority. In other words, specificity in a charter is not particularly desirable if a city seeks to define and retain control over the broadest possible spectrum of its municipal affairs. It is tempting to prepare the most extensive list of municipal affairs possibly foreseeable, intending to omit nothing, and lay claim to the right to govern locally in all such areas. Yet inevitably, some ingredient or element of governance is likely to be omitted and, by attempting to be specific in defining rights, the omission of a right will actually remove it from the arena of local control. So, we return to the principle of broadly defining our rights, and then exercising those rights through the passage of ordinances which will implement governmental action as to the particular municipal affairs. Thus, it becomes a drafting prerogative to keep charter language broad and simple. By defining broad categories of authority in a charter, the city will enable itself to legislate in these defined areas of local governance and, by the subsequent adoption of ordinances, more specifically define its role in implementing such authority. This would seem to simplify the drafting task ...'shorter is easier' ... but in some respects the opposite is true. While brevity is valued, we must not fail to cover all areas of governance where local control is intended. -2- l- ! L 000177 A charter must be adopted by a vote of the electors in the city. A simple majority of those electors casting a ballot is required for passage. There is no legal requirement with respect to the election which is unique to the chartering process. Charter language may be prepared by the City Council and presented at a special or general election. The initiative process may also be utilized as a vehicle for bringing a charter to a vote. As a practical matter, however, the process has assumed a certain mystique because of the need for public concurrence and acceptance with regard to issues of local governance which, typically, generate keen voter interest. Thus chartering efforts have often been accompanied by the formation of a citizen commission with the charge of conducting elaborate inquiries into such matters of governance and reporting its findings in the form of recommendations concerning charter topics and language. Inevitably, such a process becomes highly politicized. In the context of our conclusions concerning a narrow focus, it would appear to be unnecessary to engage the San Marcos community in such an involved process. We are recommending a much more directed approach in which the Council could appropriately serve as the voice and reason of the community. To conclude the process, we may consider filing a validation action following a successful election. This involves lodging a complaint in Superior Court, inviting a judge to examine the charter and determine its validity. Such actions are common in bond proceedings and a similar approach could be helpful in limiting judicial challenges of the charter to a single action. RECOMMENDED STEPS To implement the chartering process, we recommend that the Council authorize the following steps: 1. Public Memo. Authorize the City Attorney and City Manager to co-author a memorandum for publication which paraphrases the terms of this Memorandum and the accompanying Confidential Memorandum. The public memo would be placed on the July 27 Council agenda for distribution. 2. Research. Direct the City Attorney and City Manager, with the assistance of persons with appropriate legal and financial expertise, to focus research on the areas that are defined in this memorandum as the municipal affairs which are most appropriate for inclusion in a charter for San Marcos. As noted above, additional research is necessary to confirm the value of a charter provision with respect to certain areas of municipal taxation. 3, Draft. Based upon such research, direct the City Attorney, City Manager, and associated expert to prepare the language of a draft charter to be presented on the July 27 Council agenda -3- tli 000178 4. Answers. U{r6C1 lfla Vny W") _ -r experts to develop answers to those questions raised by the chartering process. To the extent that additional questions and answers will clarify the purpose and effect of the Charter, the research team is authorized and directed to augment and expand upon such questions and answers. The draft charter, and.the model questions and answers, will accompany the public memo on the July 27 agenda. 5. 1 i n. Upon a determination by the Council that it is satisfied with the draft charter, as well as the information provided concerning the charter, the Council should consider scheduling a charter election for the Fall of 1993. The precise date should be the topic of discussion. If a general, rather than special, election is preferred, the matter would have to be deferred to November, 1994. g, Survev. Community reaction to date to the home -rule concept seems to have been uniformly positive.. Yet, it may be beneficial to more precisely test community opinion concerning the charter proposal before actually conducting an election. Thus, prior to either a special or general election, a telephone survey could be conducted to appropriately measure the voter viewpoint. It is estimated that informal quotes could be obtained and such a survey would cost between $12,000 and $18,000. which amount could be lawfully expended by the City provided that it is not spent to promote a campaign measure but is directed only at the collection and analysis of community opinion. -4- O584 000179 44 t IPLE:' ri ' 3, T TABLE OF CONTENTS Page ARTICLE I. INCORPORATION AND SUCCESSION . SECTION 100. Name and Boundaries . . . . . . . . . . . SECTION 101. Succession, Rights and Liabilities . . . SECTION 102. Ordinances . . . . . . . . . . . . . . . . SECTION 103. Continuance of Present Officers and Employees . . . . . . . . . . . SECTION 104. Continuance of Contracts . . . . . . . . SECTION 105. Pending Actions and Proceedings . . . . . SECTION 106. Seal . . . . . . . . . . . . . . . . . . SECTION 107. Validity . . . . . . . . . . . . . . . . SECTION 108. Effective Date of Charter. . . . . . . . SECTION 109. Amendment . . . . . . . . . . . . . . . . ARTICLE II. POWERS OF CITY . . . . . . . . . . . . . . . . . SECTION 200. Powers . . . . . . . . . . . . . . . . . SECTION 201. Procedures . . . . . . . . . . . . . . . . SECTION 202. Form of Government . . . . . . . . SECTION 203. Intergovernmental Relations . . . . . SECTION 204. Establishment of Specialized Agencies or Authorities . . . . . . . . . . . . . . . ARTICLE III. CITY COUNCIL . . . . . . . . . . . . . . . . . SECTION 300. SECTION 301. SECTION 302. SECTION 303. SECTION 304. SECTION 305. SECTION 306. SECTION 307. SECTION 308. SECTION 309. SECTION 310. SECTION 311. SECTION 312. SECTION 313. SECTION 314. SECTION 315. SECTION 316. SECTION 317. SECTION 318. Powers Vested in the City Council . . . . Elective Officers . . . . . . . . . . . . The Mayor; Mayor Pro Tempore . . . . . . Eligibility . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . Vacancies . . . Interference in Administrative Service Regular Meetings . . . . . . . . . . . . Special Meetings . . . . . . . . . . . . Place of Meetings . . . . . . . . . . . . Quorum; Proceedings . . . . . . . . . . . Citizen Participation . . . . . . . . . . Adoption of Ordinances . . . . . . . . . Ordinances, Publication . . . . . . . Codification of Ordinances . . . . . . . Ordinances, When Effective. . . . . . . . Ordinances; Violation; Penalty . . . . . Publishing of Legal Notices . . . . . . Contracts; Execution . . . . . . . . . 1 1 1 1 1 2 2 2 2 2 1 3 3 3 3 i 4 4 4 5 5 5 6 6 6 7 7 7 8 8 9 9 9 10 10 PS2U39\014064-0001\2066059.12 03/09/94 -i- �151 TABLE OF CONTENTS (continued) Pacre ARTICLE IV. CITY COUNCIL APPOINTED OFFICERS; CITY MANAGER AND CITY ATTORNEY . . . . . . . . . 11 SECTION 400. City Manager . . . . . . . . . . . . . . 11 SECTION 401. Eligibility. . . . . . . . . . . . . . . 11 SECTION 402. Compensation and Bond . . . . . . . . . . 11 SECTION 403. City Manager, Powers and Duties . . . . . 11 SECTION 404. Meetings . . . . . . . . . . . . . . . . 12 SECTION 405. Removal . . . . . . . . . . . . 12 SECTION 406. Interim City Manager Pro Tempore . . . . 13 SECTION 407. City Attorney . . . . . . . . . . . . . . 13 SECTION 408. City Attorney, Powers and Duties . . . . 13 ARTICLE V. OFFICERS AND EMPLOYEES . . . . . . . . . . . . . 14 SECTION 500. Administrative Departments . . . . . . . 14 SECTION 501. City Clerk, Powers and Duties . . . . . . 14 SECTION 502. Director of Finance and Treasurer. 15 SECTION 503. Administering Oaths . . . . . . . . . . . 17 SECTION 504. Department heads; Appointment Powers 17 SECTION 505. Official Bonds . . . . . . . . . . . . . . 17 SECTION 506. Compensation . . . . . . . . . . . . . . . 17 SECTION 507. Indemnification of Employees . . . . . . 17 ARTICLE VI. APPOINTIVE BOARDS AND COMMISSIONS . . . . . . . 18 SECTION 600. In General . . . . . . . . . . . . . . . 18 SECTION 601. Appropriations . . . . . . . . . . . . . 18 SECTION 602. Appointments; Terms. . . . . . . . . . . 18 SECTION 603. Meetings; Chairmen . . . . . . . . . . . 18 SECTION 604. Compensation . . . . . . . . . . . . . . 19 SECTION 605. Vacancies. . . . . . . . . . . . . . . . 19 SECTION 606. Indemnification of Members of Boards and Commissions . . . . . . . . . . . . . . . 20 SECTION 607. Planning Commission . . . . . . . . . . . 20 SECTION 608. Rent Review Commission. . . . . . . . . . 21 SECTION 609. Board of Library Trustees. . . . . . . . 22 000182 Ps2u59\014084-000=66059.12 03ro9r94 - i i - TABLE OF CONTENTS (continued) ARTICLE VII. PERSONNEL SYSTEM . . . . . . . . . . . . . . . 22 SECTION 701. Personnel Rules and Policies. . . . . . . 22 SECTION 702. Personnel Board. . . . . . . . . . . . . 23 SECTION 703. Hearings Before Personnel Board. 24 SECTION 704. Contracts with Employees . . . . . . . . 24 SECTION 705. State Employees Retirement System. . . . 24 SECTION 706. Termination of State Employees Retirement System . . . . . . . . . . . . . . . . 25 SECTION 707. Eligibility for Appointed Office . . . . 25 SECTION 708. Illegal Contracts; Financial Interest 25 ARTICLE VIII. ELECTIONS . . . . . . . . . 26 SECTION 800. General Municipal Elections . . . . . . . 26 SECTION 801. Special Municipal Elections . . . . . . . 26 SECTION 802. Procedure for Holding Elections . . . . . 26 SECTION 803. Initiative, Referendum and Recall . . . . 26 ARTICLE IX. FISCAL ADMINISTRATION . . . . . . . . . . . . . 27 SECTION 900. Fiscal Year . . . . . . . . . . . . . . . 27 SECTION 901. Annual Budget; Preparation by the City Manager . . . . . . . . . . . . . 27 SECTION 902. Budget, Submission to City Council . . . 27 SECTION 903. Budget, Public Hearing . . . . . . . . . 27 SECTION 904. Budget Adoption . . . . . . . . . . . . . 27 SECTION 905. Budget, Appropriations . . . . . . . . . 28 SECTION 906. Tax Limits . . . . . . . . . . . . . . . 28 SECTION 907. Tax Procedure . . . . . . . . . . . . . . 29 SECTION 908. Bonded Debt Limit . . . . . . . . . . . . 29 SECTION 909. Presentation of Demands . . . . . . . . . 29 SECTION 910. Registering Warrants . . . . . . . . . . 30 SECTION 911. Actions Against City . . . . . . . . . . 30 SECTION 912. Independent Audit . . . . . . . . . . . . 30 SECTION 913. Purchasing Ordinance . . . . . . . . . . 30 ARTICLE X. FRANCHISES . . . . . . . . . . . . . . . . . . . 31 SECTION 1000. Granting of Franchises . . . . . . . . . 31 SECTION 1001. Resolution of Intention; Notice and Public Hearing . . . . . . . . . . . . . 31 SECTION 1002. Tern of Franchise. . . . . . . . . 32 SECTION 1003. Franchise Inapplicable to City . . . . . 32 SECTION 1004. Eminent Domain . . . . . . . . . . . . . 32 FS2U39,014OU-M1\2066058.12 W/091% - iii - 000183 CHARTER OF.THE CITY OF PALM SPRINGS We, the People of the City of Palm Springs, State of California, do ordain and establish this Charter as the organic law of the City under the Constitution of the State of California. ARTICLE I. INCORPORATION AND SUCCESSION SECTION 100. Name and Boundaries. The City of Palm Springs, hereinafter termed the City, shall continue to be a municipal corporation under its present name of "City of Palm Springs." Tha,,houndaries of the -City shall be the boundaries as established at the time this Charter takes effect, and as such boundaries may be changed thereafter frgm time to time in the manner authorized by law. SECTION 101. Succession, Rights and Liabilities. The City of Palm Springs, shall continue to own, possess and control all rights and property of every kind and nature owned, possessed or controlled by it at the time this Charter takes effect and shall continue to be subject to all its debts, obligations, liabilities and contracts. SECTION 102. Ordinances. - All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, are hereby continued in force until they are repealed, amended, changed or superseded by proper authority. SECTION 103. Continuance of Present Officers and Employees. The present officers and employees of the City shall continue to perform the duties of their respective offices and employments without interruption and for the same compensations and under the same conditions until the appointment or election and qualification of their successors, but subject to removal, amendment, change, or control provided by the provisions of this Charter. Nothing contained in this Charter, unless specifically otherwise provided herein, shall affect or impair the civil service, personnel, pension, or retirement rights or privileges of officers or employees of the City, or of any office, department, or agency thereof, existing at the time this Charter takes effect. SECTION 104. Continuance of Contracts. Except with respect to the term of certain franchises as provided in Section 1002, all contracts entered into by the City or for its benefit prior to the effective date of this Charter and FS2\U9N0140a4-M1%2066038.12 03M/94 -1- 000184 then in effect, shall continue in full force and effect according to their terms. SECTION 105. Pending Actions and Proceedings. No action or proceeding, civil or criminal, filed and pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or by anything contained in the Charter, but all such actions or proceedings may be continued notwithstanding that functions, powers, and duties of any officer, office, department or agency a party thereto, may be assigned or transferred by or under this Charter to another officer, office, department or agency, but in that event the same may be prosecuted or defende4by the head of the office, department or agency to which such Mifttions, powers and duties have been assigned or transferred by or under this Charter. , SECTION 106. Seal. " The City shall have an official seal, which may be changed from time to time by ordinance. The seal of the City at the time" this Charter takes effect shall continue to be the official seal of the City until changed as provided herein. SECTION 107. Validity. If any article, sections, sentence, clause or portion of this Charter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such _holding shall not affect the validity of the remaining portions thereof. SECTION 108. Effective Date of Charter. This Charter shall�_take effect upon its approval by the Legislature after it has been ratified by the qualified voters of the City in the manner set forth in the Constitution of the State of California. SECTION 109. Amendment. Any proposal for the amendment, revision, or repeal of this Charter or any portion thereof may be proposed by majority vote of the city council, or by initiative by the People of the City of Palm Springs. No such proposal shall be effective until approved by a majority vote of the voters voting at an election on the question, and until filed with the Secretary of State of the State of California. In the event of any conflict between this section and Article XI, § 3 of the California Constitution, as may be amended, the latter shall govern. �k Ps21139w1408a-0oonMW58.12 03ro9ro4 - 2 - 000185 ARTICLE II. POWERS OF CITY SECTION 200. Powers. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. The City shall also have the power to exercise, or act pursuant to any and all rights, powers, privileges or procedures, heretofore, or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. This Charter shall be liberally construed to vest the City with all legal authority and powers necessary to protect the health, safety, and general welfare of all of the citizens of the City. SECTION 201. Procedures. The City shall have the power to and may act pursuant to any procedure established by any law of the State, unless a different procedure is required by this Charter. SECTION 202. Form of Government. The municipal government established by this charter shall be known as the "Council -Manager" form of government. SECTION 203. Intergovernmental Relations. The City may exercise any of its authority and may perform any of its powers jointly, or in cooperation with, one or more other cities, counties, states, the United States, or any political subdivisions, civil divisions, or agencies thereof, or other governmental entity. SECTION 204. Establishment of Specialized Agencies or Authorities. The City shall have the power to establish a redevelopment agency, housing authority, economic development authority, special district, or other agency or authority of specialized expertise or application to the full extent as may be permitted by state or federal law, in order to carry out the business of the City or otherwise advance the health, safety, or general welfare of its citizens. All specialized agencies created by the City and in existence on the effective date of this Charter shall continue to perform their duties and operate pursuant to their existing legal authority, unless and until City Council may otherwise provide by ordinance or resolution. FS2\159w140e4-0W1%2o66o58.12 03M919+ - 3 - ARTICLE III. CITY COUNCIL SECTION 300. Powers Vested in the City Council. All powers of the City shall be vested in the city council except as otherwise provided in this Charter. SECTION 301. Elective Officers. The elective officers of the City shall consist of a city council of five members, one of whom shall be the mayor. The members of the city council shall be elected from the city at large at the time and in the manner provided in this Charter. All members of city council shall serve for a term of four years and until their respective successors qualify. The five members of the city council in office at the time this Charter takes effect shall continue in office until the termination of their current terms. Those candidates for city council offices for terms which expire on the fourth Tuesday following June 7, 1994, and who are elected in the same general municipal election at which this Charter is passed, shall serve a term lasting until no later than the fourth Tuesday following the November 4, 1997 general municipal election. Those city councilmembers who are serving existing terms as of the effective date of this Charter shall serve terms until no later than the fourth Tuesday following the November 7, 1995 election. All city council offices filled by general municipal election occurring after the effective date of this Charter shall be for a term of four years, and shall be elected at the general municipal election each fourth year thereafter. The term of each member of the city council shall commence on the fourth Tuesday following his or her election. Ties in voting among candidates for office shall be settled by drawing by lot or by special election as the City Council shall determine by ordinance or resolution to be conducted pursuant to procedures which may be established by ordinance. City council may, by ordinance or resolution passed no later than thirty (30) days prior to election, determine whether ties in voting among candidates shall be settled by drawing by lot, by special election, or by other means. SECTION 302. The Mayor; Mayor Pro Tempore. The office of mayor shall be filled by direct at large election of the voters of the City. The mayor shall serve for a term of four years and until his or her successor qualifies. The mayor shall be the head of the City for all ceremonial purposes. The mayor may make and second motions and shall have a voice and vote in all city council proceedings. The mayor shall serve as the primary, but not exclusive, spokesperson of the City. The mayor F32\179\014084-OWIN 0660sa.iz 03109/94 -4- 000187 shall perform such other duties consistent with his or her office as may be prescribed by this Charter, or as may be imposed by the city council. At the first regular city council meeting following a general municipal election, in which newly elected councilmembers are sworn and seated, and at the first regular city council meeting following the anniversary of that date for any year in which no general municipal election is held, the city council shall designate one of its members as mayor pro tempore, who shall serve in such capacity at the pleasure of the city council. The mayor pro tempore shall perform the duties of the mayor during any period of the mayor's absence or disability. SECTION 303. Eligibility. No person shall be eligible to hold an elective office unless he or she is, at the time of issuance of nomination papers for the elective office, a qualified elector of the City, or of territory annexed thereto. Any elective officer of the City who shall accept or retain any other elective public office, or any other public office whose duties are incompatible with the duties of a member of the city council of the City, except as maybe otherwise provided by this Charter, shall be deemed thereby to have vacated his or her office under the City government. SECTION 304. Compensation. The members of the city council shall receive such compensation for their services as may be established by ordinance. The mayor may receive compensation in addition to any compensation received as a member of city council, as may be established by ordinance. Those members of city council in office on the effective date of this Charter shall continue to be compensated at the level of compensation effective immediately prior to the effective date of this Charter, and shall continue to be compensated at such level for the remainder of their terms. No ordinance of the city council shall increase the compensation of any member of the council during that member's term of office, provided that nothing herein shall prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a salary increase by virtue of beginning a new term of office. Each member of the city council shall receive reimbursement on order of the city council for council -authorized traveling and other expenses when on official duty. SECTION 305. Vacancies. If a member of the city council is absent from all regular meetings of the city council for a period of sixty days consecutively from and after the last regular city council meeting attended by such member, unless such absence is by permission of the city council expressed in its official minutes, or is convicted as2u59k014084-W01120M58. is 03/W/% - 5 - 000188 of any felony, any offense involving a violation of his or her official duties, or a crime involving moral turpitude, or ceases to be an elector of the City, the office shall become vacant. The city council shall declare the existence of any such vacancy, and the office shall be deemed vacant from the date of such declaration. A vacancy in the city council, from whatever cause, may be filled by appointment by a majority of the remaining members of the city council, or by special election. Any person appointed or elected to fill a vacancy in the city council shall serve the remaining unexpired term of the office. In the event it shall fail to fill a vacancy by appointment within forty-five days after such office shall become vacant, the city council shall cause an election to be held forthwith to fill such vacancy. If city council calls a special election to fill the vacancy, the city council may make an interim appointment to fill the vacancy until the date of the special election. The times and procedures for the calling of any special election to fill a city council vacancy may be established by ordinance. SECTION 306. Interference in Administrative Service. Except as otherwise provided in this Charter, neither the city council nor any of its members shall interfere with the execution by the city manager of his or her powers and duties, or order, directly or indirectly, the appointment by the city manager or by any of the department heads in the administrative service of the City, of any person to an office or employment, or his or her removal therefrom. Except for the purpose of inquiry, the city council and its members shall deal with the administrative service under the city manager solely through the city manager, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. SECTION 307. Regular Meetings. Unless otherwise provided by ordinance, or resolution of the city council, the city council shall hold regular meetings at least twice each month. City council meetings shall be held at such times as it shall fix by ordinance or resolution and city council may adjourn or re -adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. SECTION 308. Special Meetings. Special meetings may be called at any time by the mayor, or by three members of the city council, by written notice delivered F=15M140M-0W1,20W58.12 03/09/% - 6 - 000189 personally to each member at least twenty-four hours before the time specified for the proposed meeting. A special meeting may also be validly held without the giving of such written notice, if .required to be held by this Charter or if all members shall give their consent, in writing, to the holding of such meeting and such consent is on file in the office of the city clerk at the time of such meeting. At any special meeting only such matters may be acted upon as are referred to in such written notice or consent. SECTION 309. Place of Meetings. Unless otherwise provided by ordinance or resolution of the city council, all meetings shall be held in the council chambers of the city hall, or in such place to which any such meeting may be adjourned, and except for any closed sessions permitted under the laws of the State of California shall be open to the public. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the mayor, or, if he or she should fail to act, by three members of the city council. SECTION 310. Quorum; Proceedings. Three members of the city council shall constitute a quorum to do business, but a less number may adjourn from time to time. In the absence of all the members of the city council from any regular meeting or adjourned regular meeting, the city clerk may declare the meeting adjourned to a stated day, hour, and place. Notice of a meeting adjourned by less than a quorum or by the clerk shall be given by the clerk or may be waived by consent in the same manner as specified in this Charter for the giving or waiving of notice of special meetings of the city council, but need not specify the matters to be acted upon. The city council shall judge the qualifications of its members as set forth by the Charter. It shall judge all .election returns. It may establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings, or for violation of the rules for conduct of city council proceedings. Each member of the city council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the city council. The city council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas may be issued by the city council in the name of the City and be attested by the city clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. SECTION 311. Citizen Participation. FS2\119\014084-0001\2066018.12 03/09/94 - 7 000190 No person shall be denied the right, personally or through counsel, to address the city council at any regular meeting regarding any item within its subject matter jurisdiction. City council may, by ordinance or resolution, impose reasonable regulations on the exercise of such right to preserve the orderly nature of its proceedings. SECTION 312. Adoption of Ordinances. With the sole exception of ordinances which take effect upon adoption, referred to in this article, all ordinances shall be first introduced by the city council, and shall be adopted no sooner than five days after the date of their introduction. All ordinances shall be introduced, deliberated, and passed upon at a regular, adjourned regular or special meeting of the city council. At the time of its introduction, an ordinance shall become a part of the proceedings of such meeting, and a copy of the introduced ordinance shall be kept in the custody of the city clerk. At the -time of adoption of an ordinance, it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the councilmembers present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. No order for the payment of money shall be adopted or made at any meeting other than a regular, adjourned regular, or special meeting. Unless a higher vote is required by other provisions of this Charter, or by the laws of the State of California which supersede this Charter, the affirmative votes of at least three members of the city council shall be required for the enactment of any ordinance, or for the making or approving of any order for the payment of money, or for entering into any contract where the amount to be paid by the City exceeds fifty thousand dollars ($50,000.00), or such other amount as city council may establish by ordinance. All ordinances shall be signed by the mayor and attested by the city clerk. Resolutions shall be signed by the city manager, and attested by the city clerk. Any ordinance declared by the city council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least four affirmative votes. SECTION 313. Ordinances, Publication. r32N159w1e084-00oiM6e059.12 mro9roa - 8 - 000191 The city clerk shall cause each ordinance ordinance to be published at least once in a circulation in the City, within fifteen days SECTION 314. Codification of Ordinances. or a summary of each newspaper of general after its adoption. Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the city clerk prior to the adoption thereof. Amendments to the code shall be enacted in the same manner as ordinances. Detailed regulations pertaining to the construction of buildings, plumbing and wiring, mechanical devices, abatement of dangerous buildings, or similar matters consisting of part of a uniform code adopted by the County of Riverside, or generally adopted on a state-wide or region -wide basis, when arranged as a comprehensive code, may likewise be adopted by reference to the full extent permitted by the general laws of the State of California, and pursuant to procedures established therein. Maps, charts and diagrams also may be adopted by reference in the same manner. SECTION 315. Ordinances, When Effective. No ordinance shall become effective until thirty days from and after the date of its adoption, except the following, which shall take effect immediately upon adoption: (a) An ordinance calling or otherwise relating to an election. (b) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto. (c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property. (d) An emergency ordinance adopted in the manner provided for in this article. SECTION 316. Ordinances; Violation; Penalty. City council may designate the violation of any ordinance of the City to constitute a misdemeanor or an infraction. Unless specifically designated as an infraction, a violation of any ordinance of the city shall constitute a misdemeanor and may be P321159W14084-0001\2066058.12 03/09/94 - 9 - 0001915 prosecuted in the name of the people of the State of California or may be redressed by civil action. The maximum fine or penalty for any violation of a city ordinance, whether a misdemeanor or an infraction, shall be as established by ordinance, resolution, or minute order of the city council. SECTION 317. Publishing of Legal Notices. The city clerk shall cause all legal notices to be published in a newspaper of general circulation within the City, pursuant to procedures which may be adopted by city council by ordinance or resolution. In the event there is no newspaper of general circulation published and circulated in the City, then all legal notices or other matter may be published by posting copies thereof in at least three public places in the city. No defect or irregularity in proceedings taken under this section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in conformity with this Charter, or ordinance, or other law. SECTION 318. Contracts; Execution. The City shall not be bound by any contract, except as hereinafter provided, unless it is in writing, approved by the city council and signed on behalf of the City by the mayor and city clerk or by such other officer or officers as shall be designated by the city council. Any of said officers shall sign a contract on behalf of the City when directed to do so by ordinance, resolution, or other order of the city council. By ordinance or resolution the city council may authorize the city manager to bind the city, with or without a written contract, including by purchase order., for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the city council, and may impose a monetary limit upon such authority. The city council may by ordinance or resolution provide a method for the sale or exchange of personal property not needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. Contracts for the sale of the products, commodities or services of any department or public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or the city manager upon forms approved by the city manager and at rates fixed by the city council. The provisions of this section shall not apply to services rendered by any person in the employ of the City. FS2,159\0140" 0=20660s8.1z 03,09,94 -10 - 000193 ARTICLE IV. CITY COUNCIL APPOINTED OFFICERS; CITY MANAGER AND CITY ATTORNEY SECTION 400. City Manager. There shall be a city manager who shall be the chief administrative officer of the city. City council shall appoint, by an affirmative vote of at least three of its members, the person that it believes to be best qualified on the basis of his or her executive and administrative qualifications, with special reference to experience in, and knowledge of, accepted practice in respect to the duties of the office as set forth in this Charter. The city manager shall serve at the pleasure of the city council. SECTION 401. Eligibility. _ No person shall be eligible to manager while serving as a member of five years after he or she has cease SECTION 402. Compensation and Bond. d The city council shall be authorized to enter into a contract of employment with the city manager. The city manager shall have no vested or procedural rights in connection with his or her employment as city manager, except as may be granted by city council through contract or otherwise. The city manager shall be paid a salary commensurate with his or her responsibilities as chief administrative officer of the city, which salary shall be established by ordinance or resolution, or by contract with the city manager. The city manager shall furnish a corporate surety bond conditioned upon the faithful performance of his other duties in such form and in such amount as may be determined by the city council. SECTION 403. City Manager, Powers and Duties. The city manager shall be the head of the administrative branch of the city government. The city manager shall be responsible to the city council for, and shall have jurisdiction over, the proper administration of all affairs of the City except those delegated by this Charter to the city attorney or other appointive boards or commissions. Without limiting the foregoing general grant of powers, responsibilities and duties, the city manager shall have power and be required to: (a) Appoint, suspend or remove, subject to the provisions of this Charter including the personnel system provisions thereof, all department heads and officers of the City except elective officers and those department heads and officers P81\l59\0140"-=1\20W58.14 03M/% -11 000194 the power of whose appointment is vested by this Charter in the city council or in other appointive boards or commissions, and approve or disapprove all proposed appointments and removals of subordinate employees by those department heads who are appointed by the city manager. (b) Prepare the budget annually, submit such budget to the city council and be responsible for its administration after its adoption. (c) Prepare and submit to the city council as of the end of the fiscal year a comprehensive report on the finances and administrative activities of the City for the preceding fiscal year. (d) Keep the city council advised of the financial condition and future needs of the City and make such ,recommendations as may seem appropriate. (e) Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, or disposal of all supplies, materials and equipment required by any office, department or agency of the city government and recommend them to the city council for adoption. (f ) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced. (g) Prescribe such general rules and regulations as he or she may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his or her jurisdiction, and exercise control of all such administrative offices and departments and the officers and employees thereof. (h) Perform such other duties consistent with this Charter as may be required by the city council. SECTION 404. Meetings. The city manager or his or her designated representative shall attend all city council meetings, and may attend all meetings of other boards and commissions, and shall be entitled to participate in their deliberations, but shall not have a vote. SECTION 405. Removal. The city manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the city council is elected. At any other time the city manager may be removed only at a regular meeting of the city council and upon the affirmative votes of at least three members of the city council. In removing the city manager, the city council shall have absolute discretion, and its FW159\0140U-0W1%20W58. is 03M/% -12 - 000195 actions shall be final. The city manager shall not have any procedural rights entitling him or her to a hearing or other notice prior to termination, except as may be provided by ordinance or -contract. SECTION 406. Interim City Manager Pro Tempore. The city manager may appoint, subject to the approval of the city council, one of the officers or department heads of the city, or any other qualified person, to serve as interim city manager during the temporary absence or disability of the city manager. In the event of the death, resignation or dismissal of the city manager, the city council may appoint any qualified person to act as interim city manager pending the appointment of a new city manager. SECTION 407. City Attorney. There shall be a city attorney, who shall be appointed by and serve at the pleasure of the city council. An affirmative vote of three members of the city council shall be required to appoint or remove the city attorney. To become and remain eligible for city attorney the person appointed shall be an attorney -at -law duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of municipal law for at least five years prior to his or her appointment. SECTION 408. City Attorney, Powers and Duties. The city council is authorized to enter into a contract with the city attorney. The city attorney shall have no vested or procedural rights in connection with his or her employment as city attorney, except as may be granted by city council, through ordinance, contract or otherwise. The city attorney shall have power and be required to: (a) Represent and advise the city council and all city officers in all matters of law pertaining to their offices. (b) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any city officer or employee, or former city officer or employee, in any or all actions and proceedings in which any such officer or employee is concerned or is a party for any act arising out of his employment or by reason of his or her official capacity. (c) Attend all meetings of the city council and give advice or opinions in writing whenever requested to do so by the city council or by any of the boards or officers of the City. (d) Approve the form of contracts made by and bonds given to the City, and all deeds or covenants recorded for or on behalf of the City. M%159w1e084-M1\20W58. a 03ro9ro4 -13 - 000196 (e) Approve any and all proposed ordinances and resolutions for the City and amendments thereto. (f) Surrender to his or her successor all books, papers, files and documents pertaining to the City's affairs. (g) Prosecute on behalf of the people of the City any or all criminal cases arising from violation of this Charter or city ordinances, and such State misdemeanors as the City has the power to prosecute. (h) Recommend and oversee the hiring and supervise the work of any and all other attorneys employed by the City to perform legal work on any litigation or other matter, or to otherwise assist the city attorney. (i) To otherwise serve as the legal counselor to the City, and to perform other duties consistent with the Charter, as directed by the city council. ARTICLE V. OFFICERS AND EMPLOYEES SECTION 500. Administrative Departments. The city council may provide, by ordinance not inconsistent with this Charter, for the organization, conduct and operation of the several offices and departments of the city as established by this Charter, for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition. Each new department created by the city council shall be headed by an officer as department head who shall be appointed and may be suspended or removed by the city manager. All department heads, the city clerk, and the director of finance and treasurer shall be at -will employees, all of whom shall be appointed to serve at the pleasure of the city manager, and shall have no procedural hearing rights on termination, but shall be entitled to all vested compensation and benefits at the time of termination, provided, however, that nothing in this Charter shall change the status or rights of any existing officer or employee. The city council, by ordinance or resolution, may assign additional functions or duties to offices, departments or agencies not inconsistent with this Charter. Where the positions are not incompatible, the city council may combine in one person the powers and duties of two or more offices created or authorized by this Charter. No office provided in this Charter to be filled by appointment by the city manager may be consolidated with an office to be filled by direct appointment by the city council. The city council shall provide for the number, titles, qualifications, powers, duties and compensation of all officers and employees. SECTION 501. City Clerk, Powers and Duties. as2\15%0140&4- 1\206W38.12 03ro9roe -14 - 000197 There shall be a city clerk who shall be appointed by the city manager, and the city manager shall have the authority to discipline or dismiss the city clerk. The city clerk shall have _power and shall be required to: (a) Attend in person or through authorized representative, all meetings of the city council and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the city council in books that shall bear appropriate titles and be devoted to such purpose. (b) Maintain records, in which shall be recorded respectively all ordinances, with the certificate of the clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this charter; and keep all books properly indexed and open to public inspection when not in actual use. (c) Have the responsibility for records management of official actions of the city council, including contracts, bonds, deeds, and other recorded instruments. (d) Be the custodian of the seal of the City. (e) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (f) Be ex-officio assessor, unless the city council has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of city taxes by county officers, or unless the city council by ordinance provides otherwise. (g) Serve as the election official of the City and have charge of all City elections. (h) Serve as the City's agent for service of process. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the city council. SECTION 502. Director of Finance and Treasurer. There shall be a director of finance and treasurer who shall be appointed by the city manager, and whose appointment, suspension or removal by the city manager shall be subject to the approval of the city council. The director of finance and treasurer shall be qualified by sufficient technical accounting training, skill, and experience to be proficient in the discharge of the PS2,159\01408..=1,20W58.12 0310/% -Is- 000198 responsibilities of the office. The director of finance and treasurer shall have power and shall be required to: (a) Serve as the chief fiscal officer of the City. (b) Have charge of the administration of the financial affairs of the City under the direction of the city manager, and to assist and advise the city council and city manager in all matters pertaining to City finances. (c) Compile annual expense and income estimates for the city manager. (d) Maintain a general accounting system for the City government and each of its offices, departments and agencies, and perform all financial and accounting duties. (e) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit and approve before payment, all bills, invoices, payrolls, demands or charges against the City government and, with the advice of the city attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges. (f) Submit to the city council through the city manager a periodic statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; and, as of the end of each fiscal year, submit a complete financial statement and report. (g) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies. (h) Receive all taxes, assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and receive all taxes or other money receivable by the City from the county, state or federal government, or from any court, or from any office, department or agency of the City. (i) Have custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit all funds coming into his or her hands in such depository as may be designated by resolution of the city council, or, if no such resolution be adopted, then in such depository designated in writing by the city manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (j) Perform such other duties consistent with this Charter as may be required by the city council. FS2%159w14OM-Won2066058.12.03W/9+ -16 - 000199 SECTION 503. Administering Oaths. Each department head and his or her deputies shall have the power to administer oaths and affirmations in connection with any official business pertaining to his or her department. SECTION 504. Department Heads; Appointment Powers. Each department head and appointive officer shall have the power to appoint, suspend or remove such deputies, assistants, subordinates and employees as are provided for by the city council for his or her department or office, subject to the provisions of this Charter and of any personnel system adopted hereunder. Any such appointment or removal by a department head appointed by the city manager shall be subject to approval of the city manager. SECTION 505. Official Bonds. The city council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the city attorney, and shall be filed with the city clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his bond, for any wrongful act or omission of his subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. SECTION 506. Compensation. The city council shall determine, by ordinance, resolution, or contract the amount of compensation to be paid to all City officers, department heads, and employees. SECTION 507. Indemnification of Employees. upon request by any employee or former employee of the City named in any claim or action against him or her for an injury arising out of an act or omission occurring within the scope of his or her employment as an employee of the City, made in writing not less than ten (10) days before the trial of the action, and so long as the employee or former employee cooperates reasonably and in good faith in the defense of the claim or action, the City shall pay any judgment based thereon or any compromise or settlement of the claim or action to which the City has agreed. Where the City conducts the defense of the claim or action pursuant to an agreement with the employee or former employee, reserving the City's rights not to pay the judgment, compromise, or settlement until it is established the injury arose out of act or omission occurring within the scope of his or her employment as a City employee, the City shall be required to pay the judgment, Ps2u59w14084aooiN2066058.12 03ro9t94 -17 - 000200 compromise, or settlement only if it is established the injury arose out of an act or omission occurring within the scope of his or her employment as a City employee. The City may indemnify any employee or former employee for any part of a claim or judgment that is for punitive or exemplary damages only upon a vote to do so by a majority of the membership of the city council. ARTICLE VI. APPOINTIVE BOARDS AND COMMISSIONS SECTION 600. In General. There shall be the following enumerated boards and commissions which shall have the powers and duties herein stated. In addition, the city council may create by ordinance or resolution such additional advisory boards or commissions as in its judgment are required, and may grant to them such powers and duties as are consistent with the provisions of this Charter. SECTION 601. Appropriations. The city council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions. City council may, by ordinance or resolution, set reasonable fees and charges for defraying the costs of hearings or other administrative proceedings of the City's appointive boards and commissions. SECTION 602. Appointments; Terms. The members of each of such boards or commissions shall be appointed by the mayor, with the approval of the city council, from the qualified electors of the City, unless otherwise provided by ordinance, none of whom shall hold any paid office or employment in the City government. They shall serve at the pleasure of the city council, and shall be subject to removal by motion of the city council adopted by at least three affirmative votes. The members thereof shall serve for a term of four years, unless city council by ordinance or resolution establishes a different term, and until their respective successors are appointed and qualified. The respective terms of office of all members of the boards and commissions in existence at the time this Charter takes effect shall continue upon the effective date of this Charter. SECTION 603. Meetings; Chairmen. As soon as practicable, following the first day of every fiscal year, each of such boards and commissions shall organize by electing one of its members to serve as chairman and by electing one of its members to serve as co-chairman at the pleasure of such board or commission. Unless otherwise provided by ordinance or in the rules of proceeding promulgated by the applicable board or commission, each board or commission shall hold regular meetings at PS2%139\0I4084-OWI\2066078.12 03/0 /94 -18 - 000201 least once each month, and may hold special meetings as such board or commission may require. All proceedings shall be open to the public, except for such closed sessions as may be authorized by -law, and shall be conducted in accordance with open meeting laws of the State of California. Except as may be otherwise provided in this Charter, the city manager shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions and shall provide staff support for such board or commission. Each board or commission shall be governed by Roberts Rules of Order except that each board or commission may by resolution adopt such other rules and regulations which shall be consistent with this Charter, as each may deem appropriate. Copies of all such resolutions shall be kept on file in the office of the city clerk, where they shall be available for public inspection. The city council may by ordinance or resolution grant to board or commission the same power as the city council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations. SECTION 604. Compensation. Unless otherwise provided by ordinance, the members of boards and commissions shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the city council. SECTION 605. Removal; Vacancies. Any member of a board or commission may be removed at any time by a vote of a majority of the membership of the city council and, notwithstanding any other provision of this section mandating city council consideration of removal of a board or commission member, removal may be with or without cause. The issue of whether to declare the office of a board or commission member vacant shall be brought before the city council as follows: (a) Upon the resignation of the board or commission member; (b) Upon the request of any member of the city council; (c) Upon excessive absenteeism, to be defined as absence from three consecutive meetings of such board or commission or for twenty five percent (25%) of the duly scheduled meetings of the board or commission within any fiscal year, unless by permission of such board or commission expressed in its official minutes; (d) Upon conviction of any felony or crime of moral turpitude; M%J59%0140"-0W1%2066058,12 03/09/94 -19 - O O O 2 O (e) If the member of the board or commission ceases to be a qualified elector of the City; (f) Failure of the board or commission member to file a financial disclosure statement as may be required by State law or city ordinance; or (g) Such other cause as city council may provide by ordinance. The city council may declare the office of any board or commission member vacant, and the vacancy shall be effective from the date of the declarant unless otherwise specified in the declaration. Any vacancies in any board or commission shall be filled by appointment by the mayor, with the approval of the city council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. SECTION 606. Indemnification of Members of Boards and Commissions. Upon request by any member or former member of any appointed board or commission established in this article, named in any claim or action against him or her for an injury arising out of an act or omission occurring within the scope of his or her duties as a member of such board or commission of the City, made in writing not less than ten (10) days before the trial of the action, and so long as the member cooperates reasonably and in good faith in the defense of the claim or action, the City shall pay any judgment based thereon or any compromise or settlement of the claim or action to which the City has agreed. Where the City conducts the defense of the claim or action pursuant to an agreement with the member or former member of such board or commission, reserving the City's rights not to pay the judgment, compromise, or settlement until it is established the injury arose out of act or omission occurring within the scope of his or her duties as a member of such board or commission, the City shall be required to pay the judgment, compromise, or settlement only if it is established the injury arose out of an act or omission occurring within the scope of his or her duties as a member of such board or commission. The City may indemnify any member or former member of such board or commission for any part of a claim or judgment that is for punitive or exemplary damages only upon a vote to do so by a majority of the membership of the city council. SECTION 607. Planning Commission. There shall be a planning commission consisting of seven members. There shall be a director of planning and zoning whose duties shall be established by ordinance, resolution, or regulation, and who shall be the recording secretary for the nZi59ou084-0001%20M058.12 03M9/. - 2 0- 000203 planning commission. The director of planning and zoning, or his or her designated representative shall attend all planning commission meetings. The planning commission may meet with and -receive advice from the city attorney as it or the city attorney may deem necessary. The planning commission shall have all of the following powers and duties, which powers and duties may be modified by ordinance of the city council: (a) All duties set out in the California Planning and Zoning Law for a planning agency. (b) After public hearing, recommend to the city council any amendment to the general plan or any part thereof, or any zoning ordinance amendments. (c) Exercise authority granted to it by ordinance over subdivisions, use permits, or other matters not inconsistent with this Charter. (d) Make recommendations to the city council concerning public works. (e) Perform other duties specified by the city council not inconsistent with this Charter. SECTION 608. Rent Review Commission. There shall be a rent review commission consisting of five members. The rent review commission may meet with and receive advice from the city attorney as it or the city attorney may deem necessary. The rent review commission shall have the following powers and duties: (a) Receive, hear, and determine petitions from tenants, landlords, or other interested parties regarding the application and interpretation of the City's rent control ordinances and regulations; (b) Make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out its duties; (c) Render, at least semi-annually, a written report to the city council concerning its activities, rulings, actions, results of hearings, and all. other matters pertinent to the rent control ordinances and regulations of the city; including recommendations for amendment thereof; (d) Maintain and keep hearing files and dockets listing the time, date, and place of hearings, the parties involved, the addresses of such parties and final disposition of each petition; 000204 PS2\1391014084-=1\2066058.12 03/09f94 - 2 1 - (e) Adopt rules and regulations establishing categories of petitions, which may include priorities of the different categories so established; and (f) Perform other duties specified by the city council not inconsistent with this Charter, or with the provisions of Title 4 of the Palm Springs Municipal Code on the effective date of this Charter, or as may be amended. SECTION 609. Board of Library Trustees. There shall be a board of library trustees consisting of five members. There shall also be a city librarian, whose duties shall be established by ordinance, resolution, or regulation of the City and who shall serve as recording secretary to the board of library trustees. The city librarian, or his or her designated representative shall attend all board of library trustee meetings. Except as otherwise specifically provided in this Charter, the board of library trustees shall have the powers and duties provided by, and shall be administered pursuant to, the provisions of the general laws of the State of California governing municipal libraries and boards of library trustees. Unless and until the board of library trustees for the City in existence on the effective date of this Charter shall be disbanded pursuant to procedures established in the general law of the State of California, and notwithstanding any other provision of this Charter, the board of library trustees shall have the powers and duties provided by, and shall be administered pursuant to, the provision of the general laws of the State of California governing municipal libraries and boards of library trustees. ARTICLE VII. PERSONNEL SYSTEM SECTION 701. Personnel Rules and Policies. City council may by ordinance establish a system of personnel rules and policies, governing the terms of employment of any or all employees of the City. The personnel rules and policies may govern, without limitation, the following aspects of the personnel system: (a) Classification of employment by employment position between exempt and non-exempt appointments, and determination of "at will" categories of employment positions. (b) The preparation, installation, revision and administration of a position classification plan covering all positions in the competitive service. (c) The preparation, installation, revision and administration of a plan of compensation corresponding to the PS2%1591014084-0001k"W58.12. 03/09/94 - 2 2- 000205 position classification plan, providing a rate or range of pay for each class. (d) The public announcement of examinations and application for and acceptance of applications for employment and establishing of criteria related thereto. (e) The preparation and administration of examinations and the establishment and use of resulting employment lists containing names of persons eligible for appointment. (f) The certification and appointment of persons from employment lists, and the making of temporary, emergency, and provisional appointments. (g) The establishment of hours of work, attendance and leave regulations, training programs, benefits, conduct guidelines and other conditions of work. (h) The evaluation of employees during the probationary period and at periodic intervals. (i) The transfer, promotion, demotion, reinstatement, separation, or any other change of status of employees in the competitive service. (j) The discipline of employees. (k) A system or systems for submission to and review by the personnel board, city manager, city council, personnel manager or other designated person or persons, of designated types of discipline and personnel decisions, for fact-finding, recommendations, final decision or other designated purposes or effects. (1) The system for any employee -selected board members to be elected and for the board to conduct its business established by the personnel rules. SECTION 702. Personnel Board. There shall be a personnel board consisting of five members, unless the city council by ordinance provides for a different number of members, or provides for the discontinuance or dissolution of the personnel board entirely, in favor of some other board or alternative procedure for the review and recommendation of issues arising under the personnel system. Notwithstanding any other provision of this Charter to the contrary, none of the members of the personnel board may be employees of the City, and the rules and regulations for appointment of members to the personnel board shall be as determined by ordinance of the city council. The personnel board may meet with and receive advice from the city attorney, as it or the city attorney may deem necessary. The personnel board shall have the following powers and duties, Fs2u59w140e+000IN2066039,12 03m9194 - 2 3- 000206 which powers and duties may be modified by ordinance of the city council: (a) Conduct hearings in accordance with personnel rules and policies adopted by the city council, and make findings and recommendations thereon. (b) Make recommendations to the city council on amendments to the personnel rules and policies. (c) Conduct investigations regarding hearings pending before it. (d) Have the power to compel the attendance of witnesses and the production of documents by way of subpoena, and to examine witnesses appearing before it. (e) Perform other duties specified by the city council not inconsistent with this Charter. SECTION 703. Hearings Before Personnel Board. City council may by ordinance establish rules and regulations governing the presentation and hearing of protests, grievances, or questions arising under the personnel system before the personnel board. Any person aggrieved by any action of the personnel board may appeal such action to the city council, according to procedures which shall be established by ordinance. The decision of the city council in any such appeal shall be final. SECTION 704. Contracts with Employees. The City may enter into any contracts or collective bargaining agreements with its employees, and shall meet and confer with the duly authorized representative of such employees regarding wages, hours and other terms and conditions of employment to be included in any such agreement. If any provision of the general law of the State of California imposes a mandated benefit for employees of general law cities, then so long as that benefit is so mandated for employees of general law cities, the same benefit shall be extended to all employees of the City that would otherwise qualify for the benefit under the general law. . SECTION 705. State Employees Retirement System. Plenary authority under this Charter shall be vested in the City and the city council, and by delegation of the city council, to its several officers, agents, and employees, to do all acts and exercise all authority granted, permitted, or required to enable the City to continue as a contracting city under the Public Employees' Retirement System. FS2N159wi<0aw001%20W58-iz 03/0/% - 2 4- 000207 SECTION 706. Termination of State Employees Retirement System. City Council may terminate the contract with the Board of -Administration of the Public Employees Retirement System only as provided herein. City Council may initiate proceedings for termination of the contract with the Board of Administration of the Public Employees Retirement System by passage of a resolution of intention to do so, and not less than one year after passage of the resolution of intention, by placing an ordinance ordering the termination of the ballot for a vote by the People of Palm Springs. Any action to place such an ordinance on the ballot shall require a vote of two-thirds of the membership of the City Council. If the ordinance is passed by a majority vote of the voters voting in an election on the question, the City Clerk shall forward a certified copy of the ordinance so approved to the Board of Administration of the Public Employees Retirement System for processing and finalization of the termination. SECTION 707. Eligibility for Appointed Office. No person holding or retaining any elective public office, and no person holding any appointed office whose duties are incompatible with the duties to be discharged for the City, shall be eligible for appointment as city manager, city attorney, or a member of any appointed board or commission. No person shall be eligible for appointment as city manager, city attorney, or a member of any appointed board or commission who is a relative by blood or marriage within the third degree of any one or more members of the city council. The city manager, respective department heads, and all other persons empowered by this Charter or ordinance to appoint any person to any appointed position in the City government shall not appoint any person who is a relative by blood or marriage within the third degree of the person making the appointment. SECTION 708. Illegal Contracts; Financial Interest; Incompatible Employment. No member of the city council, department head or other officer of the City (except a member of any board or commission), shall be financially interested, directly or indirectly, in any contract, sale or transaction to which the City is a party. No member of any board or commission shall be financially interested, directly or indirectly, in any contract, sale or transaction to which the City is a party and which comes before the board or commission of which such person is a member for approval or other official action or which pertains to the department, office or agency of the City with which such board or commission is connected. Any contract, sale or transaction in which there shall be such an interest, as specified in this section, shall become void at the election of the City when so declared by resolution of the city council. The general laws of the State of California shall be used in determining what constitutes a financial interest for the purpose of this section, which general laws may be Fs2u59k0140 -"1\ W58.is 03ro9/% - 25 - 000208 supplemented or modified by regulations of the city council adopted by ordinance. If any member of the city council, department head or other officer of the City, or member of a board or commission shall be financially interested as aforesaid, upon conviction thereof he or she shall forfeit his or her office in addition to any other penalty which may be imposed for such violation of this Charter. No city councilmember, department head, or other officer or employee of the City shall engage in any employment activity or enterprise which is inconsistent, incompatible, or in conflict with his or her duties with the City. City council may, by ordinance, resolution, or regulation, adopt rules for determining those outside activities which are inconsistent, incompatible, or in conflict with the official duties for the City for the various offices or employment positions involved. ARTICLE VIII. ELECTIONS SECTION 800. General Municipal Elections. General municipal elections for the election of city councilmembers and for such other purposes as the city council may prescribe shall be held in the City on November 7, 1995, on November 4, 1997, and on the first Tuesday in November in each odd numbered year thereafter. SECTION 801. Special Municipal Elections. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. SECTION 802. Procedure for Holding Elections. Unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. SECTION 803. Initiative, Referendum and Recall. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. 000209 P32%139W14084-0001\2066058.13 03M9194 - 2 6 - SECTION 900 ARTICLE IX Fiscal Year. FISCAL ADMINISTRATION The fiscal year of the City government shall be as specified by ordinance of the City Council. SECTION 901. Annual Budget; Preparation by the City Manager. At such date as the city manager shall determine, each department head shall furnish to the city manager estimates of revenue and expenditures for the respective department, detailed in such manner as may be prescribed by the city manager. In preparing the proposed budget, the city manager shall review the estimates, hold conferences thereon with the respective department heads, and may revise the estimates. _SECTION 902. Budget, Submission to City Council. At least sixty days prior to the beginning of each fiscal year, the city manager shall submit to the city council the proposed budget. After reviewing the proposed budget and making such revisions as it may deem advisable, the city council shall determine the time for the holding of a public hearing thereon and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the city clerk at least ten days prior to said hearing. SECTION 903. Budget, Public Hearing. At the time and place specified in the notice, the city council shall hold a public hearing on the proposed budget, at which interested persons shall be given the opportunity to be heard and present evidence. The hearing may be continued from time to time by the city council. SECTION 904. Budget Adoption. After the conclusion of the public hearing the city council shall make any revisions of the proposed budget it may deem appropriate. On or before the first date of the fiscal year, city council shall adopt the budget for that fiscal year by resolution. If because of an emergency the city council does not adopt the budget in a timely fashion, one -twelfth of the amount of the total prior fiscal year's budget may be expended each month until the budget is adopted, provided that, if the city manager's estimates project a decrease in revenues from the prior fiscal year, the amount which may be expended in any month shall be reduced by one - twelfth of the total revenue decrease projected. A copy of the approved budget, certified by the city clerk, shall be filed with the director of finance and treasurer and a further copy shall be placed, and shall remain on file, in the office of the city clerk where it shall be available for public inspection. The budget so 000210 FS21159\014084-MI12066058.12 03/09/94 - 2 7 - certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. -SECTION 905. Budget, Appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes stated. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any meeting after the adoption of the budget, the city council may by resolution amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available funds not included in the budget, or to cancel any appropriation not expended or encumbered. SECTION 906. Tax Limits. (a) Except as may be otherwise specifically provided in this Charter, the City shall have the full power to enact any taxes, assessments, fees, or any other measures for the purpose of raising revenue which charter cities in the State of California may enact. (b) The city council shall not levy a property tax for municipal purposes, except as otherwise provided in this section, in excess of the maximum amount permissible to the City on the effective date of this Charter, unless authorized by the affirmative votes of two-thirds of those electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors, or unless authorized for general law cities under the general laws of the State of California. (c) There may be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, in addition to the above limit, a tax sufficient to meet all liabilities of the City for principal and interest of all bonds and judgements due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City. (d) Special levies, in addition to the above limits, may be made annually for the purposes, within the limits, and to the extent that cities may make special levies in addition to their general tax limit, under the codes and statutes of the State as they may exist from time to time. The proceeds of any such special levy shall be used only for the respective purposes for which it is levied. M\159w1+0e+-0W1\MWS8.12 03M/ a - 2 8- 000211 SECTION 907. Tax Procedure. The procedure for the assessment, levy and collection of taxes -upon property, taxable for municipal purposes, may be prescribed by ordinance of the city council. SECTION 908. Bonded Debt Limit. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen per cent of the total assessed valuation, for purposes of City taxation, of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of two-thirds of those electors voting on such .proposition at any election at which the question is submitted to the electors, in full compliance with the provisions of the State Constitution and of this Charter, or unless otherwise authorized for general law cities under the general law of the State of California. SECTION 909. Presentation of Demands. All claims for damages against the City shall be governed by the general laws of the State of California, so far as such general laws are applicable. For all claims not otherwise covered by the general laws of the State of California, all claims for damages against the City must be verified and presented to the city clerk within ninety days after the occurrence, event or transaction from which the damages allegedly arose, or within such shorter time as is otherwise provided by law, and shall set forth in detail the name and address of the claimant, the time, date, place and circumstances of the occurrence and the extent of the injuries or damages sustained. All such claims shall be approved or rejected by order of the city council and the date thereof given. City council may delegate its authority to reject claims to the city manager, city attorney, risk manager or other appropriate officer or department head. Any claim not approved or rejected by the city council within forty-five days of presentation of the claim to the city clerk shall be deemed rejected by operation of law. All other demands against the City must be in writing and may be in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be presented to the director of finance and treasurer within ninety days after the last item of the account or claim accrued, but claims presented after ninety days may be honored in the discretion of the director of finance and treasurer. The director of finance and treasurer shall examine all claims presented. If the amount thereof is legally due and there remains on the books an unexhausted balance of an appropriation against which the same may be charged, the demand shall be approved and a warrant drawn therefor, payable out of the proper fund. Otherwise FSZ15MI4084-MIMW58.12 03ro9/% -29- 0 0 0 212__. the claim shall be rejected, but any such rejection may be overruled by the city council. The director of finance and treasurer shall transmit such demand, with his approval or rejection thereof endorsed thereon, and warrant, if any, to the city manager. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the city manager, otherwise it shall require the approval of the city council, following the adoption by it of an amendment to the budget authorizing such payment. Any person dissatisfied with the refusal of the city manager to approve any demand, in whole or in part, may present the same to the city council which, after examining into the matter, may approve or reject the demand in whole or in part. SECTION 910. Registering Warrants. Warrants which are not paid for lack of funds shall be Jregistered. All registered warrants shall be paid in the order of their registration when funds therefor are available and may bear interest from the date of registration at such rate as shall be fixed by the city council by resolution. SECTION 911. Actions Against City. No suit shall be brought for money or damages against the City or any board, commission or officer thereof until a claim or demand for the same has been presented as provided herein and such claim and demand has been rejected in whole or in part. If rejected in part suit may be brought to recover the whole. The city attorney shall respond to any such suit on behalf of the City. SECTION 912. Independent Audit. The city council shall employ, at the beginning of each fiscal year, a qualified certified public accountant who shall, at such time or times as may be specified by the city council, and at such other times as the accountant shall determine, examine the books, records, inventories and reports of all officers and employees who receive, handle or disburse public funds and of all such other officers, employees or departments as the city council may direct. As soon as practicable after the end of the fiscal year, a final audit and a report shall be submitted by such accountant to the city council, one copy thereof to be distributed to each member, one to the city manager, director of finance and general services, and city attorney, respectively, and sufficient additional copies of the audit shall be placed on file in the office of the city clerk where they shall be available for the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. SECTION 913. Purchasing Ordinance. rs000213 x�isswoo iaoea-oi��ro9roa eosa.iz o3—30— The city council may, by ordinance, establish procedures for the procurement of supplies, services, construction of public works, and the like. Such ordinance may provide requirements and procedures for competitive bidding, except that no competitive bidding shall be required for sole source contracts, contracts for professional services, or contracts undertaken in response to emergency situations. Such ordinance may also establish standards or qualifications for the screening of contractors or providers of goods and services by a prequalification process. ARTICLE X. FRANCHISES SECTION 1000. Granting of Franchises. Any person, firm or corporation furnishing the City or its inhabitants with transportation, communication, terminal facilities, water, light, heat, electricity, gas, power, television, refrigeration, storage or any other public utility or service, or using the public streets, ways, alleys or for the operation of plants works or equipment for the furnishing thereof, or traversing any portion of the City for the transmitting or conveying of any such service elsewhere, may be required by ordinance to have a valid and existing franchise therefor. The city council is empowered to grant such franchise to any person, firm or corporation, whether operating under an existing franchise or not, and to prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions of any such grant or the making thereof, all subject to the provisions of this charter. Nothing in this section, or elsewhere in this article, shall apply to the City, or to any department thereof, when furnishing any such utility or service. SECTION 1001. Resolution of Intention; Notice and Public Hearing. Unless otherwise provided by ordinance of the city council, before granting any franchise, the city council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the city council and be heard thereon. It shall direct the city clerk to publish said resolution at least once, within fifteen days of the passage thereof, in a newspaper of general circulation in the City. Said notice shall be published at least ten days prior to the date of hearing. At the time set for the hearing the city council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the PS2\159\01408411001\20W58.12 03/09/% - 3 1- 000214 franchise on the terms and conditions specified in the resolution of intention to grant the same, subject to the right of referendum of the people, or it may deny the same. If the city council shall determine that changes should be made in the terms and conditions upon which the franchise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon. In connection with granting any franchise, city council may set and collect any franchise fee it deems reasonable, so long as such fee is not arbitrary or confiscatory. SECTION 1002. Term of Franchise. Every franchise shall state the term for which it is granted, which shall not exceed fifteen years. Any franchise agreement entered into by the city and effective on the effective date of this Charter, whose term extends beyond twenty years after the effective date of this Charter, shall continue in effect for a _period of fifteen years beyond the effective date of the Charter, and no further, provided that any franchisee whose franchise is in effect on the effective date of this Chapter may seek an extension of the franchise from city council beyond the fifteen year limit, which city council may grant if it finds the fifteen year limit would impair the franchisee's ability to realize a reasonable return on investment of funds invested prior to the effective date of this Charter, in reliance on the franchise. City council may promulgate rules and regulations for the making and consideration of applications for such extensions of franchises. SECTION 1003. Franchise Inapplicable to City. No franchise requirement of the City shall apply to the City, nor any subdivision, department, or division thereof. SECTION 1004. Eminent Domain. No franchise grant shall in any way, or to any extent, impair or affect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing therein contained shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain with respect to any public or private, utility. In such a proceeding, no value shall be assigned to the franchise rights themselves, but only to any fixtures or equipment, or other interests arising out of the exercise of the franchise rights, as may be compensable under the general laws of the State of California. pS2%159N0140M-0W1N2 W58.12 03/09/94 - 3 2- 000215 We the people of the City of San Marcos declare our intent to restore to our community the historic principles of self governance inherent in the doctrine of home -rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will promote the health, safety and welfare of all the citizens of this City, we do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of San Marcos. Section 100. Municipal Affairs. Each of the responsibilities of governance set forth and described in this Charter, and as established by the Constitutional, statutory and judicially defined law of the State of California, is hereby declared to be a municipal affair or concern, the performance of which is unique to the benefit of the citizens of the City of San Marcos. Article II - Revenue. �Es and Generation Section 200. Pub is Works Contracts:, The City shall have the power to establish standards, procedures, rates or regulations to regulate all aspects of the bidding, award and performance of any public works contract, including, but not limited to, the compensation rates to be paid for the performance of such work. Section 201. Pub is Financing. The City shall have the power to establish standards, procedures, rules or regulations related to any public financing. Section 202. Uhjty Franchisees The City shall have the power to adopt any ordinance providing for the acquisition, development, or operation by the City of any public utility, or any ordinance providing for the granting of a franchise to any public utility not owned by the City which proposes to use or is using City streets, highways or other rights -of -way. Section 203. EnteLQri=. The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose. u a T714, ,. Section 300. Reductions Prohibited. Any revenues raised and collected by the City shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government E)GMIT C-1 000585 000216 Section 301. Mandam invited. No person, whether elected or appointed. acting on behalf of the City, shall be required to perform any function which is mandated by any other level of government, unless and until funds sufficient for the performance of such function are provided by said mandating authority. Article IV - Rent Stabilization Section 400. Mobile Home Rent Stabilization. The City shall have the power to establish the specific terms and conditions pursuant to which residential mobile home rental rates shall be regulated and the means by which such regulations shall be enforced. Article V - GeneralLaws Section 500. General Law powers, In addition to the power and authority granted by the terms of this Charter and the Constitution of the State of California, the City shall have the power and authority to adopt, make, exercise and enforce all legislation, laws and regulations and to take all actions and to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted or prescribed by any law of the State of California or by any other lawful authority. In the event of any conflict between the provisions of this Charter and the provisions of the general laws of the State of California, the provisions of this Charter shall control. Article VI - IIDICIDE ation Section 600. Co*+=ction & Interontation. The language contained in this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its power to govern with respect to any matter which is a municipal affair. Section 601. Severability. If any provision of this Charter should be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. nLd wdpy/171%G2M PM O00121„/ M.Tir-TIUMMIJ sm. WTI Section 100 Municipal Affairs. The City shall have the fall Pow and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions relating to municipal affairs, without limitation, which may be lawfully adopted, made, exercised, taken or enforced under the Constitution of the State of California. Without limiting in any manner the foregoing power and authority, each of the powers, rights, and responsibilities described in this Charter is hereby declared to be a municipal affair, the performance of which is unique to the benefit and welfare of the citizens of the City of San Marcos. 16 I1: 171 1 000218 J DEPARTMENT REPORTS: A., I T4ht 4 4 Qum& MEMORANDUM To: Honorable Mayor and Members of the City Council From: David M. Cosper, Public Works Director/City Engineer Date: January 10, 1995 Re: Fleet Maintenance Program - City of La Quinta The attached report is an attempt to enhance the City of La Quinta's fleet of vehicles, light equipment and heavy equipment through a Fleet Maintenance Program (FMP). A FMP outlines a budgeting mechanism or model that identifies cost components necessary to maintain a fleet at a life cycle standard. A life cycle standard for vehicles and equipment involve factors such as frequency and types of maintenance (in-house/contracted versus warranty), a scheduled replacement program, salvage costs and needs of the City to accomplish current and future work as determined by the current inventory of vehicles and equipment and the size of the City work force. In preparing the FMP for the City of La Quinta, it was anticipated that the following goals would be achieved: * development of an annual fleet maintenance budget based upon accepted vehicle and equipment operational costs that will keep the fleet operating as efficiently as possible, * development of annual cost to be set aside for replacement of vehicles/equipment and the preparation of a 10 year forecast of vehicle/equipment replacements, and * development of a needs analysis that identifies current and future vehicle and equipment needs for the City. From the report, the following was determined regarding the current inventory of fleet: * The annual cost for maintenance is $61,036, split between the Building and Safety Department ($16,216) and the Public Works Department ($44,820). * The maintenance work load requires an additional 1/2 mechanic/maintenance position on the City's maintenance crews. cAv,?\counci1\950117a 000219 * Approximately $41,270 per year should be deposited into the Fleet Replacement Fund, split between Building and Safety ($9,917) and Public Works ($32,050). * Based upon the Adjusted 10 Year Forecasted Fleet Replacement Schedule, the following vehicles/equipment should be replaced in FY 1995/96: - 2 ea. - 112 ton pick-up trucks (Public Works) - 2 ea. - 112 ton pick-up trucks (Building/Safety) - 4 ea. - line trimmers - 2 ea. - backpack blowers From the Needs Analysis of the report, the following was determined: * The following vehicles/equipment need to be added to the City's fleet over the next three (3) years: - 1 ea. - 1 ton utility pick-up truck (Public Works) - 2 ea. - 2-1/2 ton dump trucks (Public Works)' - 1 ea. - 3 yard patch truck (Public Works) - 1 ea. - spreader box (Public Works) - 1 ea. - front end loader (Public Works) - 1 ea. - graffiti removal truck, (Public Works) - 2 ea. - staff pool vehicles (Non -Departmental) * The annual fleet budget needs to be increased from $61,036 to $87,928 over the next three (3) years as the new vehicles/equipment are added to the fleet. Funding for maintenance would come from three (3) City Departments - Building and Safety ($16,216), Public Works ($66,861) and Non -Departmental ($4,840). * The need for a fleet mechanic is increased from .5 person to .7 person. The remaining .3 would be funded from other maintenance funds. * Because of the addition of the new vehicles/equipment, the initial balance of the Fleet Replacement Fund would have to be increased from $0 to $188,000. The annual deposit would be increased from $41,270 to $63,550. The annual deposit would come from three (3) City Departments - Building and Safety ($9,917), Public Works ($50,833) and Non -Departmental ($2,800). The above costs for maintenance, fleet replacement and additional needs will be considered in preparing the FY 1995/96 Operating Budget for the City of La Quinta. c: "\council\950117a 0002'0 CITY OF LA QUINTA FLEET MAINTENANCE PROGRAM (IMP) Prepared by the Public Works Department for the City of La Quinta January 1, 1995 000221 Table of Contents Introduction 1 Current Fleet Inventory 3 Rolling Stock Inventory 3 Rolling Stock Classification 4 Rolling Stock Data 4 Department Assignment 5 Fleet Costs 6 Cost Components 6 Fuel Costs 6 Maintenance Costs 7 Proposed Fleet Budget 9 Replacement Cost Component 9 Annual Current Fleet Costs 13 Vehicle/Equipment Needs Analysis 14 Vehicle/Equipment Needs 14 Public Works Vehicle/Equipment Needs 15 Staff Vehicles 16 Maintenance Personnel 18 Annual Budget For Proposed Fleet 20 10 Year Forecasted Replacement Schedule 22 Current Fleet 22 Proposed Fleet 23 Summary 25 Current Fleet 25 Proposed Fleet 26 00022? Table of Contents Continued Exhibits 28 Exhibit A - Current Fleet Inventory 29 Exhibit B - Fuel Costs, Current Fleet 30 Exhibit C - Scheduled/Unscheduled Maintenance Frequencies 31 Exhibit D - Vehicle Maintenance Costs - Current Fleet 32 Exhibit E - Heavy Equipment Maintenance Costs - Current Fleet 33 Exhibit F - Light Equipment Maintenance Costs - Current Fleet 34 Exhibit G - Operations and Maintenance Summary - Current Fleet 35 Exhibit H - Annual Operations and Maintenance Budget 36 Exhibit I - Life Cycle, Vehicles 37 Exhibit J - Replacement Costs - Current Fleet 38 Exhibit K - Annual Operational Costs - Current Fleet 39 Exhibit L - Public Works Maintenance - Vehicle/Equipment Needs 40 Exhibit M - Operations and Maintenance Summary - Proposed Fleet 41 Exhibit N - Operations and Maintenance Summary - Proposed and 42 Current Fleet Exhibit O - Operations and Maintenance Annual Budget - Proposed 43 and Current Fleet Exhibit P - Scheduled Replacement Dates - Current Fleet 44 Exhibit Q - 10 Year Forecasted Fleet Replacement Schedule - Current 45 Fleet Exhibit R - 10 Year Forecasted Fleet Replacement Schedule - Current 46 Fleet - Adjusted Exhibit S - 10 Year Forecasted Fleet Replacement Schedule - Current 47 and Proposed Fleet - Adjusted 000223 Introduction The following report is an effort to enhance the City of La Quinta's fleet of vehicles and equipment through a Fleet Maintenance Program (FMP). A FMP outlines a budgeting mechanism or model that identifies cost components necessary to maintain a fleet at a life cycle standard. A life cycle standard for vehicles and equipment involve factors such as frequency and types of maintenance (in-house/contracted versus warranty), a scheduled replacement program, salvage costs and needs of the City to accomplish current and future work as determined by the current inventory of vehicles and equipment and the size of the City work force. FMP's vary in complexity and scope from agency to agency depending upon the needs and goals of the agency. In preparing the FMP for the City of La Quinta, it was anticipated that the following goals would be achieved: 000224 development of an annual fleet maintenance budget based upon accepted vehicle and equipment operational costs that will keep the fleet operating as efficiently as possible, development of an annual cost to be set aside for replacement of vehicles/equipment and the preparation of a 10 year forecast of vehicle/equipment replacements, and development of a needs analysis that identifies current and future vehicle and equipment needs. The ultimate goal of the FMP is to provide a tool to accurately monitor operational and maintenance costs of the City's fleet, identify the most effective and efficient ways to perform scheduled and unscheduled fleet maintenance, and replace components of the fleet when operational costs begin to increase! to unacceptable levels. 00022 Current Fleet Inventory Rolling Stock Inventory The initial step in preparing a FMP is to develop an accurate inventory of existing fleet. In preparing the inventory for the City's fleet, the information was separated into three (3) types of rolling stock: vehicles, heavy equipment and light equipment. Essential information pertinent to each piece of rolling stock, such as make/model, year purchased and purchase new cost was developed and assigned a rolling stock number. The City department primarily using the respective rolling stock was assigned to each piece of rolling stock and will be used later in this report to assign annual budgetary costs. EXHIBIT A is an inventory of the City's current fleet. Additional information, such as life cycles, operational costs and salvage value, will be developed and assigned by rolling stock number as this information is developed later in this report. 000226 Rolling Stock Class(fication The City's fleet consists of forty-two (42) pieces of rolling stock in three (3) classifications; vehicles, heavy equipment, and light equipment. Vehicles are generally used for transportation of manpower to and from work areas and require a valid California driver's license to operate. Typically, the City's vehicles range in size from a 1/2 ton mini -truck to 1-ton utility bed trucks. There are 16 pieces of rolling stock classified as vehicles. Heavy equipment also requires a valid California driver's license to operate. However, its primary purpose is not to provide transportation, but to perform some type of work, such as digging, rolling or hauling. The new cost (cost if purchased new today) is usually much more for heavy equipment than for the other two (2) classifications of rolling stock. There are five (5) pieces of rolling stock classified as heavy equipment. Light equipment refers to motorized equipment that is generally hand operated, such as a sod cutter or a lawn mower. Light equipment can also be "ride on" equipment, such as mowers. However, a valid California driver's license is not necessary to operate it. Equipment of this type generally have a new cost value under $10,000 and have no trade-in or surplus value because replacement generally occurs when there is equipment failure. There are twenty-one (21) pieces of rolling stock classified as light equipment. Rolling Stock Data Initially, specific data was collected for each piece of rolling stock and assigned a rolling stock number. Each piece of rolling stock was also assigned a department. The assignment of a piece of rolling stock to a department was dependent upon the primary user of the piece 000227 of rolling stock. The assignment of departments will become important as annual operational costs are developed for each piece of rolling stock. The year, make and model of the rolling stock provides basic information about a particular piece of rolling stock. This information can be used in the future to purchase parts on a needs basis or for inventory, for other studies such as fleet effectiveness and for budget preparation needs. The purchase date is of importance when the fleet consists of rolling stock purchase used. The cost to purchase the rolling stock new today, or new cost, is essential in preparing annual costs for operations and development of a replacement schedule. New costs are based on 1994 dollars. This information will be developed further as the report discusses life cycle and annual operational costs. Department Assignment Currently, there are only two (2) City 'Departments that utilize the fleet on a regular basis -- Public Works and Building/Safety. The majority of the fleet is used by Public Works - Maintenance/Operations, performing routine and emergency maintenance on City facilities, with the exception of a 1/2 ton G.M.C. pick -tip truck used by the Senior Engineer in Engineering/Inspection. Rolling stock used by Building/Safety is split between Building Inspections, Animal Control, and Code Enforcement. However, for clarity purposes, all rolling stock used by Building/Safety will be classified as Building/Safety only. fl00223 Fleet Costs Cost Components Essentially, there are three (3) cost components associated with the operation of a fleet. Those cost components are fuel, maintenance (scheduled and unscheduled), and replacement. All rolling stock will have these three (3) cost components, with the exception of some of the light equipment that utilize electricity or small amounts of gas as it source of fuel. The costs for fuel in these cases are so small compared to the other two (2) cost components that it does not warrant consideration. Other than that, the use of any of the City's rolling stock will involve these three (3) cost components. Fuel Costs The cost for fuel is a relatively simple calculation if historical mileage (for vehicles) or hours used (for heavy and light equipment) records are available for each piece of rolling stock. The City has relatively accurate records in most cases for the rolling stock shown in EXHIBIT A. For rolling stock without accurate historical usage data, estimates of annual usage were determined by staff on a best guess scenario. The quantity of fuel consumed by each piece of rolling stock was determined by applying the rate of use to vehicle mileage or equipment hours. The fuel cost is determined by applying the quantity of fuel consumed to the estimated cost of fuel. $1.15 per gallon was used as the cost for gasoline and diesel. EXHIBIT B provides the fuel cost component for the City's current fleet. Maintenance Costs As indicated above, there are two (2) types of maintenance that must be considered when developing the maintenance cost component for a piece of rolling stock; scheduled and unscheduled maintenance. Costs for scheduled maintenance are costs associated with regular or routine maintenance, such as an oil change, lubrication, washing and safety inspection. Generally this work is completed frequently in a single year. The City should schedule engine servicing every 3,000 miles for its vehicles. Safety inspection, wash and lubrication are scheduled once a month for each vehicle. Heavy equipment should receive engine servicing every 500 hours of operation, while safety inspection, lubrication and washing are performed every 16 hours. Light equipment should receive engine servicing once every 250 hours of operation. Miscellaneous repairs and safety inspections are completed more frequently, once every 16 hours of use. EXHIBIT C provides an outline of service frequencies, man-hour and costs for parts for scheduled maintenance. Unscheduled maintenance, on the other hand, is generally less frequent during the life of the 000230 vehicle or equipment and is completed only when required, rather than on a scheduled annual, mileage, or hourly basis. The work is generally completed within a two (2) to three (3) year cycle. Unscheduled maintenance includes replacement of tires, batteries, starters and alternators, transmission and air conditioning service, and any other miscellaneous repairs necessary to keep it in proper and safe working order. Based upon past records, City vehicles can expect the replacement of two (2) tires, service on the transmission and air conditioning unit, a front end alignment and miscellaneous repairs every third year during the life of the vehicle. For heavy equipment, costs for parts and services are generally more expensive on a per service basis. However, the frequency of the work is less. For this report, a 6 year cycle was used. Generally, because of the relatively short life cycle of light equipment, unscheduled maintenance costs are very small. Therefore, no unscheduled maintenance costs were assigned to light equipment. EXHIBIT C provides an outline of service frequencies, man-hour and costs for parts for unscheduled maintenance. Based upon the service frequencies, man-hour and costs for parts outlined in EXHIBIT C, EXHIBIT D, E and F, provide a breakdown of scheduled, unscheduled and total maintenance costs for vehicles, heavy equipment and light equipment. EXHIBIT G provides a summary of the costs. As shown on EXHIBIT G, the breakdown of costs includes costs for work that should be completed by in-house labor and contracted labor. 833 man hours of in-house labor at a rate of $19.50 per }tour are required. The hourly rate of $19.50 per hour is the average rate of the maintenance crew and includes costs for benefits. 296 hours of contract labor at a rate of $50 per is also necessary. The $50 per hour rate is the current 00023t average rate of mechanics in the immediate area. The contract labor rate is much higher than the in-house labor rate because it also includes overhead and profit costs. Based upon the services and their frequencies outlined in EXHIBIT C, the estimated total annual cost to operate and maintain the City's current fleet is $61,036 (contracted labor = $14,824, in- house labor = $16,240, parts = $8,983 and fuel = $20,990). Proposed Fleet Budget The estimated total cost to operate and maintain the current fleet, as outlined above and in EXHIBIT G, is $61,036. Funding for these costs would come from two Departments, based upon rolling stock assignments - Building/Safety ($16,216) and Public Works ($44,820). Currently, maintenance costs associated with the City's fleet are funded from four (4) source in the FY 1994/95 City of La Quinta Operating Budget for the City of La Quinta. These sources are equipment maintenance line items for Building and Safety ($9,500), Code Enforcement ($8,000), Animal Control ($3,200) and Public Works Operations and Maintenance ($36,800), totaling $57,500. Based upon the figures shown in EXHIBIT G and the available funding outlined above, there is a shortfall of approximately $3,600 between required expenditures and approved funding support. EXHIBIT H outlines a proposed fleet maintenance budget based upon these figures. Replacement Cost Component The final cost component of a FMP is the replacement cost, or the amount of funding to be set aside each year during the life of a vehicle or piece of equipment. The funds are set 00023" aside to ensure that funds are available when replacement is necessary. The total replacement cost for each piece of rolling stock is its new cost minus its salvage value. The replacement age or life cycle is dependent upon two key factors; an increasing operational cost and a declining salvage value. The ideal time for replacement is just prior to the need for a major repair or expenditure while the vehicle or equipment has some salvage value. This can be approximated by monitoring the operational costs of a vehicle or piece of equipment. Increasing operational costs are an indicator that a major repair is in the near future. The older a vehicle becomes, the more it costs to operate and maintain it. As a vehicle ages, more friction is created in the engine as parts become more worn with age, making the engine less efficient. As a result, the rate of fuel consumption increases as a vehicle ages. The same is true for maintenance costs. As a vehicle ages and parts become more worn, servicing occurs more frequently. Also, as the vehicle becomes older, the less readily available parts become, resulting in more manhours needed to find replacement parts. Because the parts are harder to find, their value increases, resulting in higher costs for maintenance as the vehicle ages. Replacement costs, on the other hand, decrease as the life cycle value increases for the simple reason that replacement costs are a function of new cost minus salvage value spread over the life cycle of the vehicle. While fuel and maintenance costs increase as the life cycle of the vehicle increases, the replacement costs become smaller. Therefore, the life cycle or 000233 age of a vehicle, plays an important role in determining operational costs for vehicles and equipment. In developing a life cycle estimate for City vehicles, the following model was developed: * The average new cost for a City vehicle is $13,938.' * Vehicle Salvage Value = 80% of New Cost in Year 1. = 70% of New Cost in Year 2. = 60% of New Cost in Year 3. = 50% of New Cost in Year 4. = 40 % of New Cost in Year 5. = 30% of New Cost in Year 6. = 20% of New Cost in Year 7. = 10% of New Cost in Year 8. = 0 % of New Cost thereafter * Average Annual Fuel Cost (Year 1) - Vehicles = $1,197.' * Rate of Increased Fuel Consumption Per Year = 3%' * Average Maintenance Cost (Years 1-3) - Vehicles = $2,063.' * Average Maintenance Cost (Years 4-6) - Vehicles = $2,141.4 * Average Maintenance Cost (Years 7-9) - Vehicles = $2,231.4 1. Based upon figures for Vehicles - New Costs values in EXHIBIT A. 2. Based upon figures for Vehicles - Fuel Cost values in EXHIBIT B. 3. As recommended by Analvrical Fleet Maintenance Management by John C. Coyle. 4. Based upon Exhibit C. 000234 EXHIBIT I charts the results of the model outlined above. From EXHIBIT I, the total annual costs decrease through year 6. After year 6, increasing fuel and maintenance costs and a decreasing salvage value cause the annual operational costs to begin to increase. Based upon the results shown in EXHIBIT I, the life cycle for vehicles in the City's fleet is approximately six years. A telephone survey of local government agencies and utility companies with vehicle replacement programs revealed that the average replacement age or mileage was also 6 years or 72,000 miles, thus supporting the figures shown in EXHIBIT I. Therefore, a life cycle of six (6) years was used to calculate the replacement costs of vehicles in the City's fleet. The model outlined above and charted in EXHIBIT I is for vehicles only. The telephone survey did not reveal any information regarding the life cycle for heavy and light equipment. Our research of life cycles for heavy and light equipment showed very little information available or developed in this area. Therefore, based upon in-house knowledge of the current condition of the City's heavy and light equipment, an estimate of 15 and 3 years were used as the life cycles for heavy and light equipment respectively. It was also assumed that the salvage value for heavy equipment after 15 years of use is 30%, consistent with the salvage value of vehicles at the end of their life cycle. The salvage value of light equipment was reduced to zero because the equipment is replaced at the end of its useful life and, typically, discarded. Based upon these life cycles, EXHIBIT J outlines the replacement costs assigned to each piece of rolling stock. 00023,E Annual Current Fleet Costs As discussed above, the operation of each piece of rolling stock involves three cost components -fuel, maintenance and replacement. EXHIBIT K provides a summary of these costs for the City's current fleet. The total annual cost to operate, maintain and replace the City's fleet is approximately $103,007. n� 239 Vehicle/Equipment Needs Analysis Previously, this report has addressed current fleet inventory. The remaining portion of this report will address fleet needs of the City and its impact to the current FMP. The needs analysis will specifically address two (2) areas of need - new vehicles/equipment and manpower required to maintain the current and proposed fleet. Vehicle/Equipment Needs There are two (2) specific vehicle/equipment needs currently within the City. The basis for the first need, vehicle/heavy equipment in Public Works, is derived from an increasing demand to provide more, and to a higher degree, maintenance activities to the City's ever growing and aging infrastructure system, such as streets, parks, landscape areas and buildings, (i.e. the Civic Center, the Senior Center and the Youth Center). These demands are straining the capabilities of the current inventory of vehicle/heavy equipment, while at the same time, limiting the City's ability to implement cost effective and proactive maintenance 000237 programs, such as a comprehensive Pavement Management System (PMS) that prolongs the effective life of facilities and delays expensive capital replacement projects. The second need involves the purchase of vehicles for staff's use related to City activities, such as training, site inspections and so forth. Public Works Vehicle/Equipment Needs Staff is in the development stages of comprehensive street and park maintenance programs that focus's on preventative maintenance activities. Examples of these activities include: pavement crack sealing, skin and deep patching, scheduled fog/slurry sealing and striping of City streets and parking lots, immediate graffiti removal and vandal repairs, street tree maintenance and timely reseeding of retention basins, parks and landscape areas. However, much of the success of these programs will be dependent upon having adequate vehicles, equipments and tools immediately available. The Public Works Department Maintenance and Operation Division currently consists of three (3) crews, as follows: Crew 1 Maintenance Foreman Maintenance Worker II Maintenance Worker II Maintenance Worker I I. (,L 0]y approve& W mfilkd position Crew 2 Maintenance Foreman' Maintenance Worker II Maintenance Worker II Maintenance Worker I Crew 3 Maintenance Foreman Maintenance Worker I Maintenance Worker I' Maintenance Worker I' _. CLrrtdly sppm d r s Msimeomtt 1 posirioa. H,,. ve , to nv.,mur " Ihrte crtyn from rwo crew. Ih� ncM for m additive.] Mximcams Fortmnv becomes accessary. 000238 The activities of Crew 1 and Crew 2 are very similar. These crews are assigned maintenance projects on a work order basis, such as crack sealing and deep patching of streets prior to slurry sealing, street legend painting, street sign replacements, street closures, repaving utility trenches, resodding and/or reseeding of medians and park areas, and repairs to irrigation systems. These are typically activities beyond the scope of maintenance contracts and can be completed more efficiently by City maintenance crews. These two crews work Monday through Friday. Crew 3, on the other hand, is assigned routine type work, such as weekly garbage pick-up along the bike trails, graffiti removal, vandalism repairs and landscape maintenance required from date of acceptance and to the issuance of a contract to a contractor for the maintenance work, as well as providing assistance during special events. Crew 3 works a Wednesday through Sunday shift. The vehicle/equipment needs of the Maintenance Crews can be classified into two (2) areas: crew/equipment transportation and equipment necessary to perform certain maintenance activities. EXHIBIT L outlines the needs of the Public Works Department in these two areas. Staff Vehicles As stated earlier in the report, only two City Departments use rolling stock from the City's fleet on a regular basis; the Public Works Department and the Building and Safety Department. However, this does not necessarily indicate that the need for fleet is restricted 000239 " to these two Departments. Currently, there are no pool cars available to office staff that need to travel locally for site inspections or to seminars outside of the area. There is a need for at least two (2) pool cars available to all City personnel for City business. The justifications for the two pool cars is two -fold. The City can offset current mileage reimbursements and the costs to prepare the reimbursement claims with the use of pool cars, while avoiding the inconvenience of using personal vehicles for City business. The City reimburses office staff on a mileage basis ($.32/mile) for use of their personal vehicles for City business. The Fiscal Year 1994/95 Budget has budgeted approximately $5,900 among the various Departments for this expense. Of the $5,900 budget, approximately $4,900 would be offset if pool cars were made available. The remaining $1,000 would be spent for mileage regardless of whether pool cars were available because of the location of the pool cars (Civic Center) in relation to the location of the employee, such as the Youth Advisory Committee members and the Senior Center Coordinator. Based upon $.32/mile and $4,900, approximately 15,000 miles per year are being charged to the City for personal vehicle use that could be switched to city pool vehicles. There are also costs incurred by the City in submitting a claim for mileage reimbursement. Assuming that each claim is for an average of 60 miles, approximately 250 claims per year are submitted to the City for reimbursement. A claim must be prepared by the individual seeking reimbursement. It is then submitted to the Department Head for approval, forwarded to the City Manager for final approval and then to the Finance Department for preparation 000240- and reimbursement. Conservatively, the first three steps require 10 staff minutes each. The processing time in the Finance Department has numerous steps, involving different personnel within the Department. Again, being very conservative, it is estimated that 30 staff minutes are required to fully process a mileage claim in the Finance Department, from the time it is received to the time a reimbursement check is issued. Therefore, on average, 1 hour of staff time is required to process each claim. Based upon an average employee rate for the City of La Quinta of approximately $21/hour, the City is spending an additional $5,250 per year processing reimbursement claims. A total of $10,150 ($4,900 + $5,250) could be made available toward the maintenance, operation and replacement costs of City pool cars. An ideal City pool car would be a small sedan, such as a Ford Taurus, or, in the; case of Public Works and Planning, a small pick-up truck, such as a 1/2 ton Ford Ranger or Dodge Ram D100, that allows equipment to be carried into the field. The annual costs for a pool car of this nature is approximately $3,850, as shown in EXHIBIT M (V 19 and V20). Based upon an annual cost of $3,850 per pool car and $10,150 available as an offset cost, at least two (2) pool cars can be justified and are warranted at this time. EXHIBIT N provides a summary of the fleet needs beyond the current inventory. Maintenance Personnel EXHIBIT N summarizes the operational, maintenance and replacement costs for the current 000241 ^ and additional needs of the City's fleet. The manhour figures developed in EXHIBIT Q indicate that approximately 296 hours of contracted labor and 833 hours of in-house labor are required to maintain the current inventory. These figures are increased by 163 hours and 441 hours respectively when the additional fleet needs are considered, totaling 459 hours of contracted labor and nearly 1275 hours of in-house labor. The figures shown for contracted labor for the current fleet (296 hours) are accurate in terms of actual hours spent. However, the 833 hours shown for in-house labor are not actual hours spent, but are hours that are required. The City does not have any part of a position's time dedicated strictly to fleet maintenance. The current fleet is maintained on a "when it breaks down" basis, costing the City many thousands of dollars in lost production time, excess vehicle operational costs and lost salvage value. When a vehicle "breaks down", a crewman is normally pulled away from scheduled work to repair the vehicle. To keep the current fleet properly maintained as outlined in this report, requires the addition of at least one (1) mechanic position to the City's maintenance crews. Based upon 1,904 productive hours per year, approximately 50% (833/1,904=44%) of the mechanic's time will be dedicated solely to the maintenance of vehicles, while the other 50% will be dedicated to other maintenance activities. As the additional needed equipment is added to the fleet, the mechanic's time commitment to fleet maintenance will be increased to approximately 67% (1,275 hours/1,904 hours = 67%). 000242 Ideally, the mechanic position would be: added to Crew 3 for the following two reasons: Crew 3 works a Wednesday through Sunday shift. The majority of scheduled maintenance work on the fleet could be scheduled for Saturday and Sunday when use of the equipment is minimal. This will effectively reduce the impact of equipment down time due to maintenance on the maintenance crews and their scheduled activities and projects. 2. The type of work completed by Crew 3 accommodates the shifting of a position from maintenance worker to mechanic during the work week. To perform the maintenance activities discussed in this report, the mechanic will need adequate tools, such as a lube machine, a vehicle lift, a five ton hoist and various pneumatic and hand tools, as well as storage for tools, parts and an adequate work area. These needs will be more fully developed as the mechanic becomes familiar with the City's current fleet and a schedule for the additional fleet has been determined. Through extensive training and the acquisition of key equipment, such as a diagnostic machine, some of the contracted labor hours can be shifted to in-house labor, at a savings of $30.50 per hour. Annual Budget For Proposed Fleet The total annual cost to operate and maintain the current and proposed fleet is $87,927, as shown in EXHIBIT O. Based upon the unit costs developed for each piece of rolling stock 000243 and the assigned Department, the funding source for these costs would come from the following three (3) areas in the City's Operating Budget: Building and Safety ($16,216), Public Works Maintenance and Operations ($66,861) and Non -Departmental ($4,850). The $4,850 of Non -Departmental funding reflects the costs required to operate and maintain the two pool vehicles (V 19 and V20). The Annual Operating Budget would be as outlined in EXHIBIT O under Expenditures. 000244 10 Year Forecasted Replacement Schedule Current Fleet Based upon the Year New and Life Cycle values assigned to each piece of rolling stock, an estimated Replacement Date can be determined. EXHIBIT L provides scheduled replacement dates for each piece of rolling stock in the City's current fleet. From this information, a 10 Year Forecasted Replacement Schedule was developed, as shown in EXHIBIT M for the City's fleet. Because of the age of some of the rolling stock, the scheduled replacement dates have already been passed. In those cases, the initial scheduled replacement date was shifted to year 1 1:1995/96). Thereafter, they would be scheduled for replacement after each life cycle period. Because so much of the current fleet is beyond its effective life, an initial balance of $70,000 is required to fund the program, as shown in 000245 EXHIBIT M. To reduce the initial balance, rolling stock scheduled for replacement in year 1 could be replaced over the first four (4) years of the forecast, as shown in EXHIBIT N. Rescheduling of these vehicles/equipment were based upon current condition and expected use during the next four year period. By rescheduling, as shown in EXHIBIT N, the initial balance can be reduced from $70,000 to $0. However, the annual fuel and maintenance costs for these vehicles will increase as a result of extending the replacement dates. After the initial four (4) years, all rolling stock can be scheduled for replacement based upon their life cycle value. Proposed Fleet The additional new rolling stock proposed in this report has a new cost of $362,000 (EXHIBIT M). Purchasing this equipment in Year 1 of the 10 Year Forecast would require the initial balance to be increased from $0 to $362,000. To reduce this impact, many equipment vendors offer purchase programs that require a percentage of the equipment cost initially, with the remaining portion paid over a period of time. Based upon recent discussions with an equipment vendor in San Bernardino, a typical purchase program requires 25% down, with the remaining portion to be paid over a five (5) year period at a nominal interest rate (less than 5% per year). This impact can be reduced even further if all of the proposed equipment were purchased through a program such as this over a three (3) year period, rather than in the first year of the program. This not only reduces the initial fund balance requirements for the Fleet Replacement Program, it provides enough time to train maintenance crews in the operation of the new equipment as it becomes available. Based upon a 25% down, 5 year payment plan at 5% interest per year, and approximately one-third of the proposed equipment purchased every year for the first three (3) years of the 000246 '1 A Program, the initial fund balance is reduced from $362,000 to $188,000, as outlined in EXHIBIT S. nr 000247 Summary Current Fleet From this report, the following is recornmended: 1. An annual Fleet Budget of $61,036 be established to maintain and operate the City's current fleet. Funding for the Fleet Budget would come from two Departments, based upon the rolling stock assigned to these Departments - Building/Safety ($16,216) and Public Works ($44,820). 2. The Fleet Budget includes 1/2 of a mechanic position. The other 1/2 of this position would be funded from other maintenance funds. 3. The Fleet Replacement Fund, based upon the Adjusted 10 Year Forecasted Fleet Replacement Schedule, would have an initial fund balance of $0. $41,270 is to be deposited into this fund annually. The annual deposits are to come from two Departments, based upon the rolling stock assigned to these Departments - Building/Safety ($9,917) and Public Works ($32,050). 4. Based upon the Adjusted 10 Year Forecasted Fleet Replacement Schedule, the following vehicles/equipment should be scheduled for replacement in FY 1995/96: * 2 ea - 1/2 Ton Pick-up Trucks for Public Works * 2 ea - 1/2 Ton Pick-up Trucks for Building/Safety * 4 ea - Line Trimmers * 2ea - Backpack Blowers Proposed Fleet Based upon the Needs Analysis of this Report, the following is recommended: 1. The following vehicles/equipment are to be added to the City's fleet and be scheduled for purchase over the next three (3) years: * 1 ea - 1 Ton Utility -bed Pick-up Truck, Public Works * 2 ea - 2-1/2 Ton Dump Tnicks, Public Works * 1 ea - 3 Yard Patch Truck, Public Works * 1 ea - Spreader Box, Public Works * 1 ea - Front End Loader, Public Works * 1 ea - Graffiti Removal Truck, Public Works * 2 ea - Staff Pool Vehicles, Non -Departmental 000249 2. The annual Fleet Budget is to be increased to $87,928 over the next three (3) years to maintain and operate the City's proposed fleet. Funding for the Fleet Budget would come from three Departments, based upon the rolling stock assigned to these Departments - Building/Safety ($16,216) and Public Works ($66,861) and Non -Departmental ($4,840). 3. The Fleet Budget includes .7 mechanic position. The other .3 of this position would be funded from other maintenance funds. 4. The initial fund balance for the Fleet Replacement Fund, based upon the Adjusted 10 Year Forecasted Fleet Replacement Schedule for Current and Proposed Fleet, will be increased by $188,000. It also requires the annual deposit be increased to $63,550. The annual deposit would come from three Departments, based upon the rolling stock assigned to these Departments - Building/Safety ($9,917), Public Works ($50,833), and Non - Departmental ($2,800). 110 000250 CURRENT FLEET INVENTORY Cladncadm R011 stool No. Npft..w I Dewipdas Yar I Make Modal I hrehre Dw. I New Cot Vehicle Vol Public Works 12Ton Pick—up 1993 GMC S15 Jan. 1,1994 f12,000 Vehicle V02 Public Works 12Ton Pick—up 1983 Mazda B200D Jul. 1,1983 $12,000 Vehicle V03 Public Works 12Ton Pick—up 1983 Mazda B200D Jul.1,1983 f12,ODO Vehicle VO4 Public Works 1 Too Utility Bed Pick—up 1995 Fad F350 Jan. 1,1985 $18,000 Vehicle V05 Public Works 12 Ton Pkk—up 1986 Chevy C20 Jan. 10,1986 $12,000 Vehicle V06 Public Works 1 Ton Utility Bed Pick—up 1997 GMC C3500 Nov.14,1986 $18A00 Vehicle V07 Public Works 12 Ton Pick—up 1988 Ford F150 Jan.6,1988 $12,000 Vehicle V08 Building/Safety 12 Ton Pick—up 1989 GMC S15 Aug. 8,1989 f12,000 Vehicle V09 Building/Safety 12 Ton Pick—up 19891 GMC S15 Aug. 8,1986 f12,000 Vehicle V10 Public Works l2 Ton Pkk—up 1989 Mazda B2200 Aug. 8,1986 i12,000 Vehicle V11 Public Works 1 Ton Utility Bed Pick—up 1991 Ford F3W Mar.2,1991 S18,0DO Vehicle V12 Public Works 12 Ton Pick—up 1991 Mazda B260D Dec. 4,19% $12,000 Vehicle V13 Building/Safety 4 Door — 4 WD Sedan 1991 Ford EXPLORER Nov. 20,1990 525,000 Vehicle V14 Building/Safety 12Ton Pick—up 1991 Dodge D200 Aug.l, 1991 $12,000 Vehicle V15 Budding/Safety 12Ton Pick—up 1994 Ford RANGER Oct. 1,1994 S12,ODO Vehicle V16 Budding/Safety 12 Ton Pick-up 1994 Fad RANGER Oct 1,1994 $12,000 Heavy Equipment H01 Public Works Front Loader Tractor 1986 Fad 545A Dec. 6,1996 $25,0DO Heavy Equipment H02 Public Works 4WDUtilityTractor 1992 Ford 1920 Sep.5,19% S10.0DO Heavy Equipment H03 Public Works 2000 Gallon Water Truck 1989 Ford E 7000 Dec. 11,1989 $10,000 Heavy Equipment H04 Public Works UtilityTruckster 1990 Cushman Dec.18,1990 S5,000 Heavy Equipment H05 Public Works 5 Ton Steel Roller 1988 Mauldon May 26,1988 $15,000 Light Equipment 1i11 Public Watts 12 HP Bruch Chipper 1990 Dowo Jun. 1,1990 $4,250 Light Equipment LA2 Public Works Cement Mixer 19" Muft Jan.15, "0 $3,5W Light Equipment L03 Public Works Air Compressor 1997 Ingersol Rand ; Jul. 31,1987 $10,500 Light Equipment 1-04 Public Works Turf Aerator 1990 Ryan Dec. 4,1997 $2,000 Light Equipment L05 Public Works Turf Dethatcher 1994 Ryan Dec. 4,1990 $2,500 Light Equipment L06 Public Works 18" Sod Cutter 1994 Ryan Sep. 1,1994 V2 sw Light Equipment L07 Public Works Asphalt Tamper 19% Ground Pounder Oct 11,19% $1,5W Light Equipment LAB Public Works LineVimmer 1987 Tao TC 4000 Dec. 31,1987 $500 Light Equipment L09 Public Works L metrimmer 1988 Toro TC SOW Jul. 1,19M $500 Light Equipment L10 Public Works Linetrimmer 1991 Toro TC 3510 Jul. 1,1991 $500 Light Equipment Lll Public Works Linetrimmer Echo $500 Light Equipment L12 Public Works Backpack Blower 1%8 Toro 211N Feb. 8,1988 $500 Light Equipment L13 Public Works Backpack Blower 1987 Echo Oet15,1987 $500 Light Equipment L14 Publk Works 21" Rotary Mower 1991 Toro Ju",1991 am Light Equipment L15 PubHe Works 21"RotaryMover 1991 Tao JUL 1,1991 S800 Light Equipment L16 Public Works 54" Riding Mower 1990 Toro 224 Jul. 25,1989 $10,000 Light Equipment L17 Public Works 72" Riding Mows Toro 345 $15,000 Light Equipment L18 Public Works 25" Reel Mower 1989 Aug. 1,1989 $1,000 Light Equipment L19 Public Works 25"Reel Mower 1999 Aug. ll,1910 $1,000 Light Equipment L20 PublicWorks rTrash Pump Homelite $1'000 Light Equipment! 21 Pub11c WotYa Portable Generator L992 Generac Nov 2 I992 $6W 000251 EXHIBIT A FUEL COSTS - CURRENT FLEET t t310VrV�7 UUCP I %^Mt — go I. I Rah 8taea No. Dyt,,a I Duwfpdm AmW UIV — NOW Rau of Um — IRO 0116ty of Pad — ad, FW Cat Vol Public Wake 1/2 Too Pick—up 9000 12.0 750 5863 V02 Public Works 1/2 Ton Pick—up 9000 12.0 750 $863 V03 Public Works 1/2 Ton Pick—up 9000 12.0 750 $863 VO4 Public Works 1Ton Flatbed Truck 6000 4.0 1500 $1,725 V05 Public Works 112 Ton Pick—up 9000 12.0 730 S%3 V06 Public Works 1 Ton Utility Dump Bed : 9000 5.0 1800 070 V07 Public Works 1/2 Ton Pick—up 9000 12.0 750 S863 V08 BuildinglSafety 1/2 Ton Pick—up 11500 12.0 958 $1,102 V09 Building/Safe 1/2 Ton Pick—up11500 12.0 958 $1102 V10 Public Works 112Too Pick—up 90M 12.0 750 $863 Vll Public Works 1 Ton Utility Bed Pick—up 16000 &0 2000 $2,3W V12 Public Works 1ATon Pick—up 9000 110 750 $863 V13 Building/Safety 4 Door — 4 WD Sedan 5000 15.0 333 $393 V14 Budding/Safety V2 Ton Pick—up 14000 15.0 933 $1,073 V15 BuildingISafety 112iT n_ k—u 12000 15.0 800 $920 V16 $uMm 1RTonPick—u 120110 15.0 800 $920 Total 1 1600001 10.41 15333 1 $17 633 HeavyE ui ment Roalus Sud No. Dva .w Dkcswipdm Annual U — Han Rtas orUm — OPH 0,,dty of Pud — FW Cat H01 Public Works Front Loader Tractor 250 1.6 156 $180 H02 Public Works 4WD Utility Tractor 125 0.8 156 $180 H03 Public Works 2000Gallon Water Truck 500 1.6 313 $359 H04 Public Works UuotgTnckstcr 270 0.6 450 $518 H05 Public Works STon Steel Roller 100 0.6 167 S192 Total 1245 5.2 1242 $1428 Li ht Eauiroment RolfingStud: No. Dpn..a I Desuipdw Amin U — Haas Rau of Um — OPH 0,Wty of FW — plL PW Cot L01 Public Works 12 HP Bruch (hipper 50 03 25 $29 L02 Public Works Cement Mixer 20 OS 10 $12 L03 Public Works Air Compressor 50 1 50 $58 L04 Public Wotka Turf Aerator so OS 25 $29 L05 Public Works Turf Dethawber 50 0.5 25 $29 L06 Public Works 18" Sod Cutter 30 03 15 $17 L07 Public Works Asphalt Tamper 30 03 0 so L08 Public Works Linetrimmer 25 0 0 SO L09 Public Works Linetrimmer 25 0 0 so 1.10 Public Works 11inotrimmer 25 0 0 $0 L11 Public Works Linetrimmer 25 0 0 $0 L12 Public Works Backpack Blower 25 0 0 so L13 Public Works Backpack Blower 25 0 0 SO L14 Public Works 21" Rotary Moat 1000 OS 500 $575 L15 Public Works 21" Rotary Mower 1000 OS 500 $575 L16 Public Works 54" Riding Mower 350 1.6 219 $252 L17 Public Works 72"ltidug Mown: 3" 1.6 219 $252 L18 Public Works' 23" Red Mower ' 50, 0.5 25 $29 L19 Public Works 25" Reel Mown 50 OS 25 $29 L20 Public Works 3" Trash Pump 50 OS 25 $29 L21 Public Works Portable Generator 30 OS 15 $17 Total 3310 10.2 1677-5 $1929 Total — All 164555 18253 S20 990 00025? EXHIBIT B Scheduled Maintenance Vehicles Contracted In —House Service Description Service Cycle MH/Service MH/Service Parts Oil & Filter Change 1 / 3000 miles 1.0 1.0 $25 Safety Inspection 12 / 1 year 0.0 1.0 $0 Lubrication 12 / 1 year 0.5 1.0 $5 Wash & Vacuum 12 / 1 year 0.0 0.5 $0 Heavy Equipment Contracted In —House Service Description Service Cycle MH/Service MH/Service Parts Oil & Filter Change 1 / 500 hours 2.0 1.0 $50 Safety Inspection 1 / 16 hours 0.0 0.5 $0 Lubrication 1 / 16 hours 0.5 1.0 $10 Wash 1 / 16 hours 0.0 0.5 $0 Light Equipment Contracted In —House Service Description Service Cycle MH/Service MH/Service Parts Engine Service 1 / 250 hours 1.0 1.0 $20 Safety Inspection 1 / 16 hours 0.0 0.5 $0 Miscellaneous Repairs 1 / 16 hours 0.0 1.0 $10 Unscheduled Maintenance Vehicles Service Description Engine Tune—up* Two Tires Replaced Transmission Serviced* Air Cond. Serviced* Front End Alignment Miscellaneous Repairs* Service Cycle 1 / 3 years 1 / 3 years 1 / 3 years 1 / 3 years 1 / 3 years 1 / 3 years Contracted In —House MH/Service MH/Service 4 1 2 1 2 1 2 1 2 1 0 2 Parts $75 $100 $250 $175 $25 $100 Heavy Equipment Contracted In —House Service Description Service Cycle MH/Service MH/Service Parts Engine Service* 1 / 6 years 10 1 $200 Transmission Service* 1 / 6 years 4 1 $300 Air Condition Service* 1 / 6 years 4 1 $250 Front End Alignment* 1 / 6 years 2 1 $25 Miscellaneous Repairs* 1 / 6 years 0 2 $100 • Manhour quantities and part casts inarase hy20%after each cycledue to near and tear of vehicleRYryipment. 000Or? 53 EXHIBIT C W FL u 1 L J J %A %M'Ai19A"vv 1 0$s� oft``4.'e9 � nnn ht.t;etat F pp NN MMMNNN pp pp �p pp pp �p pp F � 'HN f �.. ea� of yy H H Vb H H H H H H N N M 16 M fV M eV M C4 Mm PNI. M C3 N M CV M eV M C4 M.M N M P; 0 M CV M N MN1 CV C4 m 1. C4 00 r D p N S S Q O 8 Q g MN Q QQpp G. pp N Q Q S Q Qy Ef9 to N p N p M in H VsH H H H H H H H H H H m 8 N v v v v v a a v a o v a v a v a 00 00 v a� ao r r 0qp N o m �n .. .. Un .. H H H H H H H H IAH. H H H H H H fA Ln m N m kn m O .+ N N m m %n m Wn N r N m: V m N C. m N O t, t, $ O b M y M p en H H H H H H H H H H- H H H H H H N H N a • f9 H H fA H H H H irT iA H H H o 0 0 f7 * N N N ern 0 m 0 tin 0 � 0 o elf e�i O e� 00 c� 00 c� o e� m o chi elf r con r- 4 o lln o 14 en q M g m y`0 �S t7S JS r "y� VVJJ 44<Liiii yyy,�, voi vOi ov a ap r HHH0%H 01 M •� r+ n �+ HIy^fp Ns i�'l N M N �{ 0 0 0 0 00 0 00 00 o m a r r 0 cn %o C i �q Cr %a Oi g g kn a S d .• N m y� In : 'i n 00 p� O r N_ m a H ta. t ff > > > I` > > > > > > > > >. r 00005,E � � un WA A a) � 0 � ONE: � � � E CL .� cr w �§ k��■■■ � k # - ■ k § � _ � 8 m 4m m V. e e & & S g k k k4 ) N � 7 R � _ 00 M« _as | ) § 2 2 R 60-1 � ! § )ftq : k \ } o -OD » k 2 2 2& eq N 8§ ?» 0 ! | 2 J § § § J § � § /� f ] 2 � 2 � _ _ _ 0002§§ R a I w C 3 A LJ cc C C '� C E .a. cr W L J F M MMM NNN N M N Sag sagas as Sass Rai H H H i71 i7f i7! H 17f f71 � S7f N (7! ICI H � A A f3 e%1 H A A H 33 Q VV� H H H H V! Vf H H H Ml �1 H H H H H f3 H H H gags 222 � pp Hell pp HHs$HHHa pp �y b O Q Haa O p HAaHHH po o p p H p a4%$$ p M 8� Y o 0 0 o 0 a o 0 0 0 0 o c o 0 o g o 0 6 0 0 0 o 0 a � a G� N yNy .ee}}a aee-}}� y��j N N N H411, N H �M• H H M r y�pfj a� v�1 t�1 l��f (r�1 1��1 fA M of M N N t`. t, 01 O 4M V1 v�pp1 .+ tM�p pMp N t- e4 H �/1 en T en 'A � H H H H H 0 0 0 d wN H N H N H to �+ H H H H H H H H H H H M .+ H H H H H H H H ■ O O V O O -O �D �O V1 V1 h N V1 N o0 b ap t7D O O O �O �Q �Q �Q D .. H H H H H H f� Vl fin •lt ••I) H H 0 6% H H H tN H H H� N C C C C C C O O L C O: C v v !V C- N C C C N N N OO '+ '+ ri eri eri vOi N vOi u1 �A: trz tO�f N N N :N N N m V� vOi vOi tOn 8 O ,, c~r1 en en x d z.5aaag.Paa$aa!aaaa.;a� .• N M h r 00 a •• N M v v� .a t- oc a o to A W 00256 Operations and Maintenance Summary - Current Fleet Miles Feel Fad Casts Contract Labor In-bosse Lbor Parts Total O&M Hrs. No. Hours a. Vol 9000 750 $863 13.0 $650 363 $709 $377 $2,599 V02 9000 750 $863 13.0 $650 363 $709 $377 $2,598 V03 9000 750 $863 13.0 $650 363 $709 $377 $2 598 VO4 6000 1500 $1,725 12.0 $600 353 $689 $352 $3,366 V05 9000 750 $863 13.0 $650 363 $709 $377 $2,599 V06 9000 1800 $2070 13.0 $650 363 $709 $377 S3.11W V07 9000 750 $863 13.0 $650 363 $709 $377 $2,598 V08 11500 958 S],102 13.8 $692 372 $725 $398 $2,916 V09 11500 958 $1 102 13.8 $692 372 $725 $398 $2,916 V10 9000 750 $863 19.7 $983 363 5709 $377 $2,"1 Vll 160M 2000 S2,300 1SA $767 39.7 $754 $435 $4,256 V12 1 9000 750 $863 13.0 $650 36.3 $709 $377 v4s98 V13 5000 333 $393 11.7 $583 35.0 $683 $343 $1,992 V14 14000 933 $1,073 143 $733 49.0 $956 $418 $3,180 V15 12000 800 $920 14.0 $700 373 $728 $402 $2.750 V16 120M 800 $920 83 $413 373 $7M c UM $2,462 H01 250 156 $179 12.1 $607 328 $639 $327 $1,752 H02 1251 156 $1791 7.7 $387 16.9 $329 $224 $1,119 H03 500 313 $360 21.0 $1,048 64.5 $1,2% $508 $3,174 H04 270 450 $518 213 $1,064 43.7 $953 $510 $2,%5 H05 100 167 $192 6.9 $343 13.7 $267 $218 $1020 1A1 50 25 $29' 02 slo LO $19 $13 S7l L02 20 10 $12 0.1 $4 0.4 $8 _ $5 $28 L03 50 SO $58 02 $10 1.0 $19 : $13 S99 L04 50 25 $29 02 $10 1.0 $19 $12 $70 LOS 50 25 $29 02 $10 1.0 $19 $12 $70 L06 30 15 S17 0.1 $6 0.6 $11 $7 $42 L07 30 0 SO 0.1 $6 0.6 $11 $7 $25 Loa 25 0 $0 0.1 $5 M $10 $6 $20 L09 1 25 1 0 $0 0.1 S5 OS $10 $6 sw L10 25 0 $0 0.1 $5 OS $10 $9 $23 Lll 25 0 SO 0.1 $5 OS $10 $10 $24 L12 25 0 SO 0.1 1 $5 OS $10 $15 $30 L13 25 0 SO 0.1 $5 02 S3 $5 $13 L14 1000 500 $575 4.0 $200 18.8 $366 $265 S1,406 L15 1000 5001 S575 4.0 $200 19.6 $381 $391 $1547 L16 350 219 $252 1.4 $70 68 $133 $83 $539 L17 350 219 $252 1.4 $70 68 $133 $83 $539 L18 1 50 25 $29 02 $10 1.0 $19 $12 $70 L19 50 25 =9 02 $10 lA $19 S27 $415 L20 50 25 $29 02 $10 1.0 $19 S35` $93 1 30 151 - $171 0.11 $6 f 0.6 sit $191 53 Total I 18252.0 1 $20,99012%.51 $14.8241932.81 S16.UO983 1 036 000257 EXHIBIT G v iD r�i o _ r � t0 O it CM O m CM CD N tND�O�i LL (O coCp O fA N C C df � Vi fA to C V m C_ � V fr C O � C~0 'O o a O c O «. coc o m Ct m . °' LL m Q 0 0)� a. Lo I C ;0 � 69 tH aLL0 LLof v V V ca O _ = C9 :p CD CM CD N to O a co «. O cc '0 C Cy O mU E` m o CLY ♦♦ C Y w I c y U to N m C Z CO Y _ co 0 CO aiS O ea CD V �� U a Hcm �ma "CL WUaUi 7 'C C C 06 ccW 000258 ,rt $6,200 ,-,,$6,100 693, yoe} $6,000 $5,900 U $5,8W Cj $5,700 s~ .0 $5,600 cd � $5,500 O$5,400 $5,3W U S5,100 $5,000 Age of Vehicle (Years) Age rs Fuel 1 $1,197 2 $1,233 3 $1,270 4 $1,308 5 $1,347 6 $1,388 7 $1,429 8 $1, 472 9 $1,516 Maintenance $2,063 $2,063 $2,063 $2,141 $2,141 $2,141 $2,231 $2,231 $2,231 Replacement $2,788 $2,091 $1,858 $1,742 $1,673 $1,626 $1,593 $1,568 $1,549 Total $6,048 $5,387 $5,191 $5,191 $5,161 $5,155 $5,253 $5,271 $5,296 000259 REPLACEMENT COSTS - CURRENT FLEET Vehicles Rani gad No. m Dewipdan Ufa Nam Cot SdapVWW RWWNIM CM AMW Cat Vol Public Works 1/2 Ton Pick-up 6 $12,000 $3,600 58,400 $1,400 V02 Public Works 1/2 Ton Pick-up 6 $12,000 $3,600 58,400 $1,400 V03 Public Works 12 Ton Pick-up 6 $12,000 S3 600 $8,400 $1400 VO4 Public Wake 1 Ton Flatbed Truck 6 SI8,000 SSAM $12,600 $2,100 V05 Public Wale 1/2 Too Pick-up 6 $12AW $316M $8,400 $4400 V06 Public Works 1 Ton Utility Dump Bed 6 $18 000 $5 400 S12 600 $2,100 V07 Public Works 12 Ton Pick-up 6 $12,000 53,600 58,400 $1,400 V08 Building/Safety 12Ton Pick-up 6 $12,000 53,600 $8,400 $1,400 V09 I Buildin a 12 Ton Pick-up 6 $12,000 $3,600 $8,400 $1400 VIO Public Works 12 Ton Pick-up 6 512,000 516M $8,400 $1,400 V11 Public Works 1 Ton Utility Bed Pick-up 6 518,000 $5,400 $12,600 $2,100 V12 Public Works 12Ton Pick-up 6 $12000 $8400 $1400 V13 Building/Safety 4 Door - 4 WD Sedan 6 $25,000 57,500 $17,500 $2,917 V14 Building/Safety 12Ton Pick-up 6 S12,000 $3,600 $8,400 $1,400 V15 I Buddin a 12Ton Pick-up 6 $12,0001 S3,6001 $8,4001 $1400 V16 Building/Safety 112TonPick- 6 $12000 53600 $84W Si400 Hea E ui ment Roai Stud No. Depwusew DaKdpdm Lire Cycle Nam Cat Value R laeemmt Cat =cost H01 Public Works Froat Loader Tractor 15 525,000 57,500 $17,500 $1,167 H02 Public Works 4WD Utility Tractor 15 $10,000 $3,000 $7,000 $467 H03 Public Works 2000 Gallon Water Truck 15 $10000 53000 $7000 5467 H04 Public Works UtilityTtuckster 15 $5,000 $115M $3,500 $233 H05 Public Works 5 Ton Steel Roller 15 $15 000 S10 $700 Li ht E ui ment Itelfiog Stock No. Dwrt,,s D=mipdm Life Nm Cal W.WVWus tunwat Cat A=W Cam L01 Public Works 12 HP Bruch Chipper 3 $4,250 $0 54,250 $1,417 L02 Public Wain Cement Mixer 3 $3,500 SO $3,500 $1,167 L03 Public Works Air Com 3 S10 $0 $10 $3 LAX Public Works Turf Aerator 3 $2,000 SO 52,000 $667 LOS Public Works Turf Detbateher 3 S215M SD $2,500 $833 LD6 Public Works I8" Sod Cutter 3 $2 SO S2 $933 L07 Public Works Asphalt Tamper 3 $1,500 SO $1,500 $500 LOB Public Works Linetrimmer 3 $500 SO $500 $167 L09 Public Works Linettimmer 3 $500 SO $500 $167 L10 Public Works Linetrimmer 3 SS00 SO $500 $167 LIl Public Works iinetrim ner 3 $5W $0 $500 $167 L12 Public Works Backpack Blower 3 5500 $0 $500 $167 L13 Public Works Backpack Blows 3 $500 $0 $500 5167 L14 Public Works 21" Rotary Mows 3 $800 $0 5800 $267 L15 Public Works 21" Rotary Mows 31 5800 $0 $800 $267 L16 Public Works 54" Riding Mower IS $10,000 $3,000 $7,000 $467 L17 Public Works 72" Riding Mows 15 $15,000 $4,5W $1015W $700 L18 Public Works Zr Reef Maw 3 SIAM S0 $10W $333 L19 Public Works 25" Reel Mows 3 $1,000 SO $1,000 $333 L20 Public Works 3" Trash Pump 3 $1,000 $0 $1,000 $333 121 Public Works I Portable Generator 3 $600 SO $600 $200 Total Public Works $32,050 Total Building/Safety $9,917 Total All S41,967 000260 EXHIBIT J ANNUAL OPERATIONAL COSTS - CURRENT FLEET Vehicles Raing Stuck No. mtam DeKdptim Plot Cat wtntm.m. Cat IaamMnt Cat opftradogw Cat Vol Public Works 12 Too Pick-up 5863 $1,735 $1,400 53,998 V02 Public Works 12 Too Pick-up 5863 $1,735 $1,400 S%998 V03 Public Works 12 Ton Pick-up 5863 $1,735 $1,400 $3,990 VO4 Public Works I Ton Flatbed Truck 51,725 $1,641 $2,10D 53,466 V05 Public Works 12 Ton Pick-up $863 $1.735 $1AW 534998 V06 Public Works i Ton Utility Dump Bed $2,070 $1,735 52,100 $5,905 V07 Public Works 12 Ton Pick-up $863 $1,735 $1,400 $3,999 V08 Building/Safety 12 Ton Pick-up $1,102 $1,814 $1,400 $4,316 V09 Building/Safety 12TonPick-up $1,102 $1,814 $1,400 $4,316 Vio Public Works 12 Ton Pick-up < $863 S2,069 $1,400 W32 Vil Public Works 1 Ton Utility Bed Piek-up $2,11W $1,956 $2,100 W56 V12 Public Works 12 Ton Pick-up $863 $1,735 $1,400 $3,996 V13 Budding/Safety 4 Door - 4 WD Sedan $383 $1,609 $2,917 $4,909 V14 Budding/Safety 12Ton Pick-up $1,073 $2,107 $1,400 $4,580 V15 Budding/Safety 12Ton Pick-up $920 $1,83D $1,400 $4,150 V16 1 BuMmzUktv f 12Ton Pick- $920 $l 42: $40D 1 $3 Total - Vehicles $17 633 S28 7 017 $72177 Hea E ui ment Rooing Star No. Mimeo[ DeKripdm Puel Cot wintm Cat aqlMcemmt Cat opavdMW Cot H01 Public Works Front Loader Tractor $179 $1,573 $1,167 $2,919 H02 Public Works 4WD Utility Tractor $179 $940 5467 $1,586 H03 Public Works 2000Gallon Water Truck $360 $2,814 $467 $3,641 H04 Public Works UtilityTiuckster 5518 52,427 5233 $1178 H05 Public Works S:Ton Steel Roller $192 5828 $700 $720 Total - Ha Equipment $l 429 83 $3,034 $13,045 Li ht E ui ment "ing Slott No. arras[ = Deslpdlo Pud Cat bd&W teM Cat Repteemosat Cnt tied Cat Lol Public Works 12 HP Bruch (hipper $29 $42 $1,417 51,488 L02 Public Works Cement Mixer $12 $16 $1,167 $1,195 L03 Public Works Air Compressor $58 $42 S3,50D $3,600 L04 Public Works Turf Aerator $29 $4I $667 5737 L05 Public Works Turf Dethatcher $29 $41 5833 5903 L06 Public Wort l8" Sod Cutter $17 S25 5933 $975 L07 Public Works Asphalt Tamper $0 S25 $500 $525 L08 Public Works 11netrimmc so $20 $167 $197 L 09 Public Works Linet immer So $20 $167 $197 1,10 Public Works Linctrimutc SO S23 $167 : Si" 1.11 Public Works Unetrimmer $0 $24 $167 $191 L12 Public Warts Backpack Blower $0 S30 $167 $197 L13 Public Works Backpack Blower So S13 $167 $180 L14 Public Works 21" Rotary Moat $575 $831 $267 $1,673 L15 Public Works 21" RotaryMoat $575 $972 $267 $1,814 L16 Public Works 54" Riding Mower $2.52 5287 $467 $1,006 L17 Public Works 72" Ridmg Moat 5752 SW $700 51,239 1,18 Public Works ` 25" Red Mower $29 $41 $333 $403 L19 Public Works 25" Red Mower S29 $56 SM $418 120 Public Works rTraab Pump S29 S64 $331 $47A L21 I Public Works Portable Generator $17 $361 5200 1 $253 Total - Light Equipment $I'm 937 1 $12 919 S17785 Total - Fleet $20 990 1 $40 047 $41,%7 $103,007 000A.61 EXHIBIT K 0 '0 rn C m CD C 0 a 2.5 19 W 3° m M 1 7 a c m E g Q W N .� CD .r O� .r O .r .•+ .a .r GO x x g o 0 0 0 0 0 0 Y q' V a 3 0 F u puu e �'$6 av y.��. •� a � 9 a �FUSA- u•a'�ii go°mE�5o�8 O u5#�0 o u load e GW. 0 o:a H S Cc, 6 y 9 7 y �7 �u0 -1p70 iC a p �i !-� a�0 0 9 s v IL y 7 v 4 e m W y a Din 000262 w t ca E CO) cm c cLL da c o CD i Q R{ H N a C O Oa r �� x S4 I c� 44U a y N N M aN Lfi M r l l w N N N N H .� N k a N M Y `QY' 00 =pyr N z u F gg gg M N M M H N N N ww 3 gg ci ery o� o c A cZ A o 0 N o N e o e� N ee N H N py W QQ Q Q p QQ QQ Q VA N �x z rz > I 000263 Wn Operations and Maintenance Summary Current and Proposed Additional Fleet Fsel Costs $$$ Contract Labor In—bosse Labor Parts uS Total OEM su Replace cost Total Cast Hrs. $$$ Hrs. $if Current Inventory Additional Needs $20,990 SS 923 296.5 163.3 S14,825 58165 832.8 441Z $16,2 0 $8 603 $8,983 $4198 $611,038 $1b 889 $41,%7 $21 $103,005 f48 472 Total SU,9131 459.81 $22 990 1 1274.0 $24 3 1 $13,1811 $87 927 $63 50 $151 477 00026-4 Exhibit N oNi coo o I� N fA C `f�► OD 01 m CMCGo co OD 0) V lw � 6 fA fA EN9 tH G *. m G 7 °d m m c C m O C C O c Q° m Q, 0 :3C c 3 ° m Q O c �0CD o to m LL o 1A d O I ci O T a.. c @) @� .. C W W O Rim O 2 = C9 C) o N o v O 0 N T M N RS 'C c a m O c c a w c m v ca �c m (D ry N a w I cis U) c m atS O Q m C m (j) CD30 tl1 C m ID ;mdZ 13dy yUdli c c m m W 0002633 L X W SCHEDULED REPLACEMENT DATES - CURRENT FLEET Rolliog Swot No. DVwu..o I Damn nm Year New We SdwdWM to Cot Vol Public Works 12Ton Pick—up 1993 6 1999 $8,400 V02 Public Works 12Ton Pick—up , 1983 6 1989 $8,400 V03 Public Works 12 Ton Pick—up 1983 6 1989 $8,400 VO4 Public Works I Ton Flatbed Truck 1985 6 1"1 $12AW V05 Public Worts 12 Tan Pick—up 1986 6 1992 K400 V06 Public Works 1 Ton Utility Dump Bed 1987 6 1993 K400 V07 Public Works 12 Ton Pick—up 1988 6 1994 S8,4W V08 Building/Safety 12 Ton Pick—up 1989 6 1995 $8,400 V09 Buildin fe 12 Ton Pick—up 1989 6 1995 S8 400 V10 Public Works 19Ton Pick—up 1989 6 1995 $8,400 Vll Public Works : I Tam Utility Bed Pick—up i991 6 1997 $12,6W V12 Public Works : 12Ton Pick—up 1991 6 1997 $12600 V13 Budding/Safety 4 Door — 4 WD Sedan 1991 6 1997 $17,5W V14 Building/Safety 12Ton Pick—up 1991 6 1997 $8,400 V15 BuildinglSafety 12Ton Pick—up 1994 6 2000 $8400 V16 Buildin&Wzty 12Ton Pick—up 1994 6 2000 S8,4W HUI Public Works Front Loader Tractor 1986 15 2M $17,5W H02 Public Works 4WD Utility Tractor 1992 15 2007 $7000 H03 Public Works 2000 Gallon Water Truck 1989 15 2004 $7,000 H04 Public Works UtilityTruckster 1990 15 2005 $3,5W H05 Public Works 5 Ton Steel Roller 1988 15 2003 $10,500 LAl Public Works 12 HP Bruch Chipper 1990 3 1993 $4,250 L02 Public Works: Cement Mixes' : 1989 3 1992 $31W L03 Public Works Air Compressor 1997 3 1990 310 L04 Public Works Turf Aerator 1990 3 1993 $2,000 L05 Public Works Turf Dethatcher 1994 3 1997 $2,5W LAX Public Works 18" Sod Cutter 1994 3 1997 L07 Public Works AsphaitTatepw 1986 3 1999 $1,500 L 48 Public Works Licetrimmer 1997 3 1990 5500 LA9 Public Works Liseuimmer 1988 3 1"1; 5500 L10 Public Works Linetrimmer 1991 3 1994 $500 Lll Public Works Linetrimmer 1990 3 1993 $500 L12 Public Works Backpack Blower 1988 3 1991 5500 L13 Public Works Backpack Blower 1987 3 1990 SW L14 Public Works 21" RotaryMower 1991 3 1994 $8W L15 Public Works 21"RotaryMower 1991 3 1994 S800 L16 Public Works 54" Riding Mown 1990 15 2005 $7,000 L17 Public Works 72" Riding Mower 1990 15 2005 $10,500 L18 Public Works 25" Reel Mower 1989 3 1992 $1000 L19 Public Works 25"Red Mows 1989 3 1992 Sim L20 Public Worts 3" Trash Pump 1989 3 1992 51000 L21 PublicWorka I Portable Generator 1992 3 1995 $6W ()OO EXHIBIT P 10 YEAR FORECASTED FLEET REPLACEMENT SCHEDULE CURRENT FI FFT Fbal Ywr IffS 1 7 It07 fff mm zsap Wins 8nce Revenue Fleet barges laterest(5%) Total Revenue $70 000 $121 S42 098 $33 974 S47 694 S83 649 $107 703 $22 709 . $65 815 $48 $103,007 $3,500 1 07 $103,007 $6 1 0 3 $103,007 $103,007 $103,007 $103,007 $103,007 $103,007 S103,007 $2,105 $1,699 S2,385 $4,182 S5,385 $1,135 $3,291 051 2 1 706 10 071 1 92 04142 I 98 $103,007 $2,419 105426 OperationalBalance Fspenditarc Operations Ca ital $17 $l 134 $147 10 $I 680 $15 085 Sl 9 S21 095 Sl 851 Sl 113 $153,803 S61,036 115 50 $61,0% 0 S61,OM S61,036 $61,036 $61,036 $61,036 $61,036 S61,036 52 9 0 400 00 0 700 S61,036 36 950 Total EVenditure 1 $176.3861 $61.036111 36 90986 9436 136 I Sjqj3s6j1036 I S123,736 97986 FEndinit Balance 1 $1211 $42 098 $33 974 $47.6%1 S83 649 1 $107 703 1 S22 M I S65 815 IS48 Sss 17 a 1ta1 vj=nuitures xneaute Fiscal Ye No. Nw Cot 19f5 1 1tf7 1 lt+ftl 1 IN i10a Vol $12,000 $8,400 V02 $12,000 $8,400 58,400 V03 $12,000 $8 40D S8 400 VO4 $18,080F$112,4600 f12AW V05 $12.000 $8,400 V06 $18000V07 $12,000 S8,400 VO8 $12,000 S8,40D V09 S 000 S8 400 V16 512,06i0 $9.400 Vil SI8.000 $12,6011 $12,00 V12 $ 400 $8,40D V13 $75,000 $17,500 S17,500 V14 $12,000 $8,400 $8,400 V15 $12000 $8400 V16 MOOD $8,40t1 HOl i131000 $17,000 H02 $10000 H03 $19,009 $7,000 H03 Ss,000 H05 S15 000 $10,500 L01 S4A" f4,2-% S4250 $4;M S4,M L02 $3.500 53,500 $3,500 $3,50D S3,500 L03 S10 Sim sio $10 $1 L04 $2,000 $2,000 $2,000 $2,000 $2,000 Los $2,500 $2,500 $2,500 f2s00 Lob $2,800 f2 800 S2 80D 32 80D L07 $Mae $115m $1 s00 $1,500 $1,5W Las $500 sso0 $500 $500 $Sw L09 $500 $5w 500 $500 SSW L10 ON $500 $500 $500 $500 1,11 $300 $500 $500 $500 $500 L12 $500 $500 $500 $500 $500 L13 m Sm 500 $500 01 L14 SW SW 5800 Um580 Wo LIS SIM S80o $800 $800 $No L16 $10,000 L17 $15,000 L18 $1000 $1000 $1000 $1000 $1000 L19 $1100o 51,00D f1,m 31.000 51,000 L20 glow -11.000 SI000 f11000 S1,0oD Total 1 $1153501 S01 $52.2DO9 950 400 100 1 50 1 950 0002?07 EXHIBIT Q 10 YEAR FORECASTED FLEET REPLACEMENT SCHEDULE CURRENT FLEET UIIIIl11311 PW=t Ye tm != i= 1 tto 21os s Opening Balance Revenues Fleet (barges Interest(5%) Total Revenue SO $S 71 $35011 $13 $15 $33 $55137 $19 5 S49651 $19105 $103,007 $103,007 $O $269 $103.007 $101276 $103,007 $1,751 104 758 S103,007 $103,007 $662 $1 0 669 $103,008 $103,007 $1,679 04 686 S103,007 $2,757 $105,764 $10007 S103,007 $966 $2,483 973 105 490 $103,007 $905 1 912 Operational ante Expenditure Operations Ca ital $10 $1 647 $139768 $11 01 $1 022 $l 73 $1 901 Sl $155141 Sl 017 $61,36 $61,36 30 $61,036 W 500 S61,(B6 $61,036 55 850 ce4M $61,036 100 $61,036 50 S61,086 $61,036 cl, 600 CU 000 S61,036 t 52 FAO Total Fjp0diture I S97.636173 636 1 5361 $116.8861 S69.43613136 141 861 S73.6361 S137,03611 886 Ending Balance I $S $35,0111 $13 S151 S33 $55,1371 $19,3151 $49,6511 $18105 $1869 l.S lidl rffmimutures mnet1II1e Rai Ya Im 1 t»7 1 ism 1 200 Zoos No. Nw CartMi& Ean" Vol $12,000 $8,400 V02 $12,000 $8,400 $8,400 V03 $12000 $8400 $8400 VO4 SWAM $12,600 S14600 V05 $MOO4 $8,400 $8,400 V06 $18000 $14,0DO $14000 V07 $12,000 $8,400 $8,400 V08 $12,000 $8,400 58,400 V09 $12,000 $8,400 $8,400 V10 $12,000 $8,400 $8,400 Vil $1000 $12,600 M600 V12` $000 $8400 38,4001 V13 $25,000 $17,500 $17,500 V14 $12,000 S8,400 $9,400 V15 $12000 $8400 V16 $1%000 $SAW H01 525,000 $17.000 H02 SIo 000 H03 S10,o00 $7,000 H04 $5,000 H05 $15 000 $10,500 LOl $4,250 $4,250 $4,250 $4,250 1,02 s3,5o0 $31M $3,500 $3,500 L03 $10 $10300 $10.500 $10 -500 L04 $2,000 S2,000 S2,000 S2,000 Los S21soo S2,500 S2,500 $2,500 L06 $2,800 S2 800 $2 800 $2 800 L07 $1,500 $1,500 sl s00 $1,50o LOB $500 Ssoo $500 $500 $500 L09 2500 SSW Zoo $500 $500 L10 $500 $500 $500 $500 $500 L11 $500 $500 $500 $500 $500 L12 $500 $500 $500 $500 $500 L13 :' $500 5500 "$5500 $500 35W L14 $800 $900 $800 $800 L15 ' $ 00 $800 $800 $800 L16 $10,000 L17 $15,000 L18 $1000 $1000 si,000 S1,000 L19 $11000 $11000 $1,000 $11000 L20 51,000 $1,o00 $1000 : $1160D L21 1600 Total 1 $36,6001 $12,600 65 500 55 850 1 114001100 1 sm-5501 $12.600 1 S76.000 62 850 000268 10 YEAR FORECASTED FLEET REPLACEMENT SCHEDULE Current and Proposed Additional Fleet Adjusted CYof Frosmm FWW Yew 1905 1 1tY1 1 IUM2001 I 200 Opening Balance Revenue: Fleet Charges Interest (5%) Revenue $199000 $194183 $203775 $140047 $92049 $89102 $72 $322 $151,477 $151,477 $151,477 $9,400 $9,709 $10,189 160 977 161 186 6 666 $151,477 $151,477 $7,002 $4,602 158479 156 079 $151,477 $4,455 155932 $151,477 $151,477 $3,615 $16Total 15 151493 $ f$1519 M$973 Operational ante Expenditure Operations Ca ital $348 877 $3553691 $365 441 1 S298,5261 $248129 1 $245,0341 $227,399 1 $151815 1 $193 $171908 $87,927 $87,927 $87,927 767 667 137 467 $87,927 587,927 118 550 71 00 S87,927 800 $87,927 S87,927 139150 33 00 $87,927 76 00000 $87,927 50 Total nditure 154 694 151594 94 477 159 027 1 727 7 077 1214Z7 163 927 150 777 EndingBalance $194 1ffi $203 775 $140 047 S92 049 $89102 $72 $322 $30 $19 458 S21 131 Canital Exnenditures Schedule Yew of ProVmm Fiseal Year 1"5 1 1007 1 t 2M 200 Cnrreot Fleet $36,600 $12,600 $65,500 $55,850 $8,400 922,100 $80,550t$12,600 $76,000 $62,850 First Year Purchase $30,167 $20,900 $20,900 $20,900 $20,900 $20,900 $16,800 Second Year Purchase $0 $30,167 $20,900 $20,900 S20,900 $20,900 $20,900Third Year Purchase 0 30167 0 900 900 900 9000 Total 1 S".767 667 137 467 1 S118.550 1 $71,1001 S94.900 I S139.150 I S33.500 I S76.000 62 850 0 0 0 ti 69 EXHIBIT S c%44Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: January 17, 1995 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public ffeanng on Conditional Use Permit 93-008; a request for a one year Time Extension for a previously approved project to PUBLIC HEARING: remodel and enlarge an existing 1,581 square foot one story commercial building on 0.18 acres at 78-100 Calle Tampico (Applicant: Mr. Augustin Martinez) RE MME DTI N: Approve a one year time extension for CUP 93-008 (1st Time Extension) based on the attached Resolution. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: The existing building on the northeast comer of Avenida Bermudas and Calle Tampico was built in the early 1960's. The building was used by Mr. Louis Campagna (La Quinta Pharmacy) until 1993. The applicant purchased the property in July, 1993. Previous Development Approval In November, 1993, the applicant was permitted to remodel plus add on to an existing one story 1,581 square foot commercial building on 0.18 acres. The building is designed to accommodate a new meat market as well as a small second story office for the owner (Attachments 1, 2 and 3). The new addition is approximately 930 square feet. The property is presently in the Village Specific Plan area and is governed by the C-V-N Zone District provisions of the La Quinta Municipal Code. The conditional use permit was required because the meat market is classified as a Group 14 land use in the Village "North" Zone which defines "small good sales" as retail sales which are carried by customers and deliveries or by small delivery trucks. A variance application (VAR 93-023) was also processed in conjunction with the original Conditional Use Permit application request to reduce the Avenida Bermudas building setback from 25 feet to 6 feet for the new addition. The variance application also permitted a single driveway entrance on Calle Tampico approximately 56-feet from Avenida Bermudas, allowed off -site parking, and minor architectural projections into the front yard setback. The variance request runs concurrently with CUP 93-008 based on the original Conditions of Approval. If the City Council approves the applicant's one year extension, the variance application is automatically extended for another one year period. CCGT.105 0002'70 Surrounding Land Uses Site: Existing building North: Vacant South: Vacant East: Existing Circle K store West: Existing date grove Site Information The parcel is developed with a one story commercial building. Low voltage utility lines run along the southerly side of the property. Presently, both streets are paved at this time and allow two-way traffic movement. Curb and gutter improvements were installed by the City in 1993. Architecture The existing single story building has a flat roof (with parapet) with stucco exterior. A tile roofed entry exists on Calle Tampico on the south side of the building. The applicant intends to install a new concrete tile roof for the two story addition and a concrete tile covered walkway and/or covered overhang around the three sides of the existing building. The one and two story project is reminiscent of the Spanish Revival architectural motif and the materials to be used areappropriate for the Village area (stucco, exposed wood beams, tile roofing, etc.). The design style is appropriate for this area. New Parking Lot Design The building has an existing parking lot on the east side of the building with access to Calle Tampico and Avenida Bermudas. The applicant is proposing to resurface and reconfigure the parking lot with angled parking on the east side of the property allowing exiting onto Calle Tampico and access from Avenida Bermudas. The parking spaces are 9-feet by 18-feet with a 16-foot (one way) drive aisle. Six parking spaces are proposed. Previous Desian Review Board Action On October 6,1993, and October 19,1993, the Design Review Board conditionally recommended approval of the project based on the applicant's exhibits. The Board felt the remodel request was a good example of what can be done to an existing building to make it compatible with the Village design standards. The Design Review Board was not opposed to the applicant's request to close off the shared access driveway on Calle Tampico nor eliminate the existing reciprocal access program. Off -Site Parking The existing C-V-N Zoning District does not permit off -site parking. However, the Off -Street Parking Standards were amended in 1991 to permit businesses the advantage to pay cash money towards the future implementation of an assessment district or parking improvement district in the C-V Zoned areas. The expansion of this property will require the applicant to secure or bond for a minimum of four spaces to account for the new 930 square foot addition. To date, the applicant has not been able to fulfill or complete the off -site parking agreement. The cost of each off -site parking space is approximately $4,000.00. 000271 2 CCGT.105 Case History This case was originally approved by the Planning Commission on November 9, 1993, and accepted as a Report of Action by the City Council on November 16, 1993. The minutes from both meetings are attached (Attachments 4 and 5). One of the original discussions of this project was the applicant's request to redesign the on -site parking lot and eliminate common access rights between this site and Circle K to the east. After much debate, the project was approved by the City permitting the new design solution by the applicant. On -site Development Activity The applicant, in May, 1994, acquired a building permit to remodel the existing structure. The permit does not allow the developer to construct his planned one and two story addition because he has not finalized his off -site parking agreement nor paid his required in -lieu parking fees. The developer is aware of his outstanding obligations and is attempting to finish remodeling the existing building before pursuing expansion of the property to its ultimate development potential. As of December, 1994, internal demolition work has begun on the existing building but nothing substantial has occurred on the exterior of the building. The applicant has submitted a letter describing his activities over the last year, and he also explains his needs for 1995 (Attachment 6). The one year time extension will allow the applicant additional time to secure additional funds to move forward on the second phase of construction (e.g., expansion of the existing building). Conclusion The applicant has attempted to meet the goals and policies of the adopted Village Specific Plan by incorporating file roofing, a varied roof design, vertical columns and arches, and other new materials which are encouraged or required in the Village Specific Plan. Staff supports the time extension provided the recommended conditions are imposed. FINDINGS AND ALTERNATIVES: Staff Comments No major changes have occurred in the past year to warrant denial of the applicant's request. The options available to Council are as follows: 1. Approve a one year time extension; 2. Deny the time extension request; 3. Continue the public hearing to February 7, 1995; 4. Consider revising the recommended Conditions of Approval. Development Director 00027? CCGT.105 3 Attachments: 1. Vicinity Map 2. Reduced site plan 3. Reduced elevations (3a, 3b and 3c) 4. Planning Commission minutes 5. City Council minutes 6. Letter from applicant 7. Grading Plan (City Council only) 000273 4 CCGT.105 RESOLUTION 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A ONE YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT WHICH ALLOWED CONSTRUCTION OF A SECOND STORY ADDITION AND ENLARGEMENT OF THE EXISTING ONE STORY BUILDING. CONDITIONAL USE PERMIT 93-008 (FIRST TIME EXTENSION) LA QUINTA MEAT MARKET MR. AUGUSTIN MARTINEZ WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of October, 1993, and the 9th day of November, 1993, hold duly noticed Public Hearings to consider the request of the La Quinta Meat Market for approval of a Conditional Use Permit to allow construction of a second story addition and enlargement of the existing one story building in the C-V-N Zone located at the northeast comer of Avenida Bermudas and Calle Tampico; WHEREAS, the City Council of the City of La Quinta, California, did on the 16th day of November, 1993, accept the Report of Action by the Planning Commission concerning the applicant's request to establish a meat market and remodel the existing building at 78-100 Calle Tampico; WHEREAS, the City Council of the City of La Quinta, California, did on the 17th day of January, 1995, hold a duly noticed Public Hearing on a request by Mr. Martinez (La Quinta Meat Market) for a one year extension of time for Conditional Use Permit 93-008, more particularly described as: A PORTION OF THE SOUTH HALF OF SECTION 30, T5S, R7E, S.B.B.M. (APN: 769-030-012) WHEREAS, said Conditional Use Permit is categorically exempt per Section 15303(c) of the California Environmental Quality act because the change of use of the property and enlargement of the existing building will not exceed an occupant load of 30 persons; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify approval of said one year time extension. 1. The proposed use will not be detrimental to the health, safety, or general welfare of the community. RESOPC-107 5 000274 2. The Conditional Use Permit (First Time Extension), as conditioned is consistent with the zoning requirements and intent of the C-V-N Zone and Downtown Village Specific Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approve Conditional Use permit 93-008 (First Time extension) for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17th day of January, 1995, by the following vote to wit: AYES: NOES: ABSENT: JOHN PENA, Mayor City of la Quinta, California ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California "-SopG107 6 000273 CITY COUNCIL RESOLUTION 95-_ EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 93-008 (FIRST TIME EXTENSION) LA QUINTA MEAT MARKET JANUARY 17, 1995 GENERAL 1. The development shall comply with the approved exhibits and the following conditions, which shall take precedence in the event of any conflicts. 2. The approved conditional use permit shall be used within one year of the approval date; otherwise, it shall become null and void and no effect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not including grading, which is begun within the one-year period and is therefore diligently pursued to completion. Extensions of time may be requested prior to expiration pursuant to Municipal Code requirements if the extension request is made one month prior to the expiration date. The expiration date shall be November 9, 1995. 3. Outside lighting shall be shielded and directed so as not to shine directly upon surrounding adjoining property or public rights -of -way. Lighting plans including light pole heights (10 feet) and light types shall be reviewed and approved by the Community Development Director prior to issuance of a building permit. Lighting shall comply with the Outdoor Lighting Control Ordinance. 4. Adequate solid waste and recycling facilities shall be constructed as approved by the Community Development Department prior to issuance of a building permit. Plans are to be reviewed for acceptability by applicable waste hauler (Waste Management of the Desert) prior to City approval. 5. Prior to the issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and/or clearances from the following public agencies: o City Fire Marshal o City of La Quinta Public Works Department (grading permit and improvement permit) o Community Development Department & Building & Safety Department o Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District o Riverside County Health Department CONMRVL.117 7 000276 Conditions of Approval Conditional Use Permit 93-008 January 17, 1995 The applicant is responsible for any requirements of the permits or clearances from these jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval and signatures on the plans. Evidence of said permits or clearances from the above -mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 6. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of a building permit. 7. Prior to issuance of any building permits, the applicant shall submit to the Community Development Department for review and approval, a preliminary plan (or plans) showing the following: a. Landscaping, including plan types, sizes, spacing, locations, and irrigation system for all landscape areas. Desert or native plant species, drought resistant planting materials, and drip emitter irrigators shall be incorporated into the landscape plan. b. Location and design detail of any proposed and/or required walls. Preparation of the detailed landscape and irrigation plans shall be in substantial conformance with the approved conceptual landscape plan on file with the Community Development Department. The final plans submitted shall include the acceptance stamps/signatures from the Riverside County Agricultural Commissioner's Office and Coachella Valley Water District (CVWD). 8. Handicap access, facilities and parking shall be provided per Federal, State and local requirements. 9. All construction and graded areas shall be watered at least twice daily during construction to prevent the emission of dust and blowsand. 10. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. IMPROVEMENT AGREEMENT 11. At the time of issuance of an encroachment permit for the work contemplated hereunder, the applicant shall pay cash or provide security in guarantee of public improvements. CONAPRVL.117 Q 000277 Conditions of Approval Conditional Use Permit 93-008 January 17, 1995 A. Current Improvements: Construction of sidewalks along the street frontage of the development and construction/reconstruction of drive entries - secure in the amount of approved estimates for this work. B. Deferred Improvements: 2.24% of the cost to design and construct a traffic signal at Avenida Bermudas and Calle Tampico. This improvement will be constructed by others at a future date. Security shall remain in place until the improvement is constructed and the Applicant's share has been paid. DEDICATIONS 12. The applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Dedications required of this development include: A. Corner cutback at the intersection of Tampico and Bermudas Street right of way geometry for cul-de-sacs, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively, unless otherwise approved by the City Engineer. GRADING 13. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.10, U Quinta Municipal Code. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. DRAINAGE 14. Nuisance water produced by this development shall be retained on -site. In design of retention facilities, the percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. A trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. CONAPRVI-117 9 000278 Conditions of Approval Conditional Use Permit 93-008 January 17, 1995 15. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development into the adjacent streets. The development shall be graded to receive storm flow from adjoining property at locations that have historically received flow. STREET AND TRAFFIC IMPROVEMENTS 16. Improvement plans for all on- and off -site driveways and parking lots shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard Drawings, and as approved by the City Engineer. Pavement sections shall be based on a Caltrans design procedure and shall consider soil strength and anticipated traffic loading. The minimum pavement section for entry drives and parking areas shall be 3.0" a.c./4.50" a.b. 17. The following improvements shall be constructed: A. OFF -SITE STREETS 1. Sidewalk along both street frontages of the property. Sidewalk construction shall include a wheelchair ramp at the corner of Calle Tampico and Avenida Bermudas including necessary removal and replacement of curbing. B. ON -SITE IMPROVEMENTS 1. The one-way entry drive along the north side of the building shall be a minimum of 18' wide. The inside turn radius at the northeast corner of the building shall be a minimum of 15'. 2. This development shall reconstruct the driveway opening as necessary on Calle Tampico to match the parking lot configuration of this development and the Circle K development east of this property. 18. Access points and turning movements of traffic shall be restricted as follows: A. Avenida Bermudas - within 100' to 124' north of south property line. B. Calle Tampico - within 42' to 66' east of east property line. CONAPRVL.117 10 0002'79 Conditions of Approval Conditional Use Permit 93-008 January 17, 1995 FEES AND DEPOSITS 19. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. MISCELLANEOUS 20. Plans for on -site and off -site grading, drainage, sidewalks, parking lots and entries, and lighting shall be submitted to the Engineering Department for plan checking and are not approved for construction until signed by the City Engineer. DESIGN REQUIREMENTS 21. Incandescent uplighting shall be used for the parkway landscaping. The fixtures shall meet the provisions of the City's Outdoor Lighting Ordinance. The lighting should include glare control features which will help direct the light to the trunk of the tree. The lights should be located either on the ground or eight feet off the ground mounted to the trunk of the tree. 22. The trash enclosure dimensions shall be a minimum size of 8-feet by 15-feet and include a separate pedestrian access. Landscaping should be used around the refuse area. 23. The sidewalk on Calle Tampico shall be either six to eight feet wide to allow both pedestrian and bikeway traffic on this primary arterial street. The sidewalk on Avenida Bermudas shall be six feet wide. The requirements of the Engineering Department shall be met. 24. The final sign program and landscape plan shall be reviewed by the Planning Commission prior to issuance of a building permit. 25. A street tree program shall be incorporated into the project for both street frontages. The trees shall be spaced at 20-feet intervals. The program shall consist of palms or canopy trees (e.g., Jacaranda, Willow, Olive or other type of tree which is either colorful or feathery in texture). 26. All landscaping areas shall be irrigated by drip irrigation methods where possible and all nuisance water shall be retained on -site within the landscape areas or by other approved methods (e.g., drywell). CONAPRVL.117 11 000230' Conditions of Approval Conditional Use Permit 93-008 January 17, 1995 27. The decorative concrete paving used to accent the driveway entry on Calle Tampico shall be textured concrete and colored to add attention to this area. 28. All exposed wood beams shall be made of rough sawn lumber with decorative exposed rafter trails. The beams should not be painted or stuccoed. 29. The architectural materials and colors of the building shall be architecturally compatible (i.e., identical architecture, colors, and/or materials) with the Village Specific Plan Design Goals. Cement plaster texture used on building shall be of a decorative nature and approved by the Community Development Department prior to issuance of a building permit. 30. One on -site handicap space shall be required (A.D.A. standards 8-foot ramp plus 8-foot wide parking space). 31. The windows and doors on the first floor level shall be single, small -pane division openings (e.g., French doors, casement opening windows). The windows and doors shall be recessed into the building not less than six inches. A stuccoed plant -on detail should be added around these facilities to add character to the proposal. The frames shall be wood, but metal will be allowed if it is painted a dark color. 32. All roof mounted mechanical equipment shall be screened by the decorative stucco parapet per Municipal Code requirements. 33. Recessed lighting shall be used along the covered pedestrian walkway for security and safety reasons. 34. Low profile decorative lighting shall be used on the east side of the building in the parking lot for patron safety if the facility is to be open during evening hours. Fixtures shall be approved by the Community Development Department prior to issuance of a building permit. 35. The underside of the pedestrian arcade shall be wood planking or exterior plaster. 36. No portion of the building (e.g., building eaves, etc) shall encroach into the City's right- of-way. 37. The pedestrian walkway (on -site) adjacent to the west side of the building shall be eliminated in order to increase the landscaping area along Avenida Bermudas. CONAPRVL.117 12 000281 Conditions of Approval Conditional Use Permit 93-008 January 17, 1995 38. Fifty percent (50%) of the parking area shall be shaded by tree cover. Triangular planter areas shall be incorporated at the end of each of the on -site parking spaces to allow trees to be planted in the parking lot area. 39. Raised six inch concrete curbing shall be used to construct the parking lot planter on the east property line. Concrete wheel -stops shall be used. CONAPRVL.I l7 13 00028? I ATTACHMENT 1 Village Specific Plan Boundary �:••: ►:•. •gip •••�••••►•••••►•••.•• • •• • .• • ,•• • ,•, • I Vacant Date Grove ' : • • • . : •J '"'.'••.•'•.'•�'•.'•.•.•.••4. Cal Ie Tampico AVEMM ILL • V 'Doe, + < r J{I RS It i �/ E= i A co . 4 r . �,. T - Y• e. . - CD a, .. CALLE LLI F,jr�/� RETAIL a SERVICE _ ® lATK. a cavacm OFFM trrwTY- 0P9271TUTIONAL •-�.1: PAM -� • .. • :: • o�auun � �] VACAW EXISTING LAND -- LA ND USE (1987 ) CASE No. CASE MAP LOCATION MAP CUP 93-008 (1st Time Extension) 17 Plaza Tampico old) �. 1 SCALE : nts 14 000283 ATTACHMENT 2 North Vacant Commercial Property (not a part) r- % 7r-0 One-way Driveway �a�7 rn rn c c •r •r / +J v Vf r X Co I Air 00 r �I I. Existing ; L Structure (to be remodeled) w � - m Iz PV•N•jr-v_ W�FLOwrout ¢ One Story ! �nou.�ccvra 1500 sq. ft. — l W L• - ¢ 17* L w j -xT. PAY c, (rOlFa, r T G7LOk ';AILY 4I06wALK Calle Tampico 15 0 I ATTACHMENT 3 n 00028r- ATTACHMENT 3� i ooazas ,7 ,o,b i i' �� 1 ' I i C—Z- ATTACHMENT 3c. `" 000287 18 November 9, 1993. I. A II. A. ATTACHMENT 4 MINUTES PLANNING COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78495 Calle Tampico, La Quinta, California 7:00 P.M. Them ng was called to order at 7:03 P.M Chairwoman Barrows and Co issioner Adolph was asked to lead ag salute. CALL Chairwoman Barrows the roll call. Present: Commissi Adolph, Ellson, Marrs, Abets d Chairwoman Barrows. Staff Present tanning Director Jerry Herman, Prino Planner Stan Sawa, Associa anner Greg Trousdell, Assistant City gineer Steve Speer, and De ent Secretary Betty Sawyer. 1,ununucu - %-onumonai use rCM11 21-W3 and Variance 9 -023; a request of Agustin Martinez for approval to remodel and enlarge an existing 1,581 square foot commercial building and a request to vary from the C-V-N Zoning District standards (street sideyard setback) and modify the City's Off -Street Parking Code requirements. 1. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Adolph stated his concern regarding the legal issues of the common driveway on Calle Tampico and the City Attomey's answer was only 'iffy'. He asked if the City had determined that the area was posted. Staff stated that the applicant intended to post the area. Discussion followed regarding the problem. 000288 PC11-9 W] Planning Coarmission Minutes November 9, 1993 3. Commissioner Abels stated he was concerned about the Circle K letter and their intention to "aggressively pursue their rights". Chairwoman Barrows stated this problem was between the applicant and Circle K and not a City concern. Staff stated that they had asked the applicant if he intended to speak with Circle K and the applicant indicated he had no intentions of speaking with them based on his discussion with his attorney. 4. Commissioner Adolph asked if Circle K had any intention of appearing before the Commission on their own behalf. Staff stated they felt if they intended to do so it would be at the City Council meeting. 5. There being no further questions of staff, Chairwoman Barrows opened the public hearing. Mr. Martinez, the applicant, clarified his position in regards to pursuing any legal discussion with Circle K. 6. Commissioner Ellson asked the applicant how leaving the access as it is would hurt his business. Mr. Martinez stated his concern was for the potential danger to his customers because of the cars going all directions. 7. Commissioner Ellson asked if the parking lot was on the east side (90 degree parking) and the combined entrance with Circle K could be maintained. Discussion followed regarding the driveway entrance. 8. Commissioner Ellson stated the whole strip along Calle Tampico was a circulation problem and asked if it possible for the Planning Commission to address the whole area at this time (e.g., common on -site driveway aisles). Staff stated the City has no recourse to cause the other business to comply. Discussion followed as to how to solve the problem. 9. Chairwoman Barrows suggested that the parking be slanted or angled on the west side and construct a wall/planter half the distance and it would still allow cars to enter from Avenida Bermudas. Discussion followed regarding alternatives and the problems with truck deliveries. 10. Commissioner Ellson asked what staff would recommend. Staff stated their recommendation was to continue with the existing shared parking and access program. The Commissioners discussed slanting the parking to the north and other circulation patterns. 11. There being no further public comment, Chairwoman Barrows closed the public hearing and opened the matter for Commission discussion. Pcll-9 20 000289 Planning Commission Minutes November 9, 1993 12. Staff discussed with the Commissioners which direction of angle parking would work the best and the number of driveways needed to make it work. 13. Commissioner Marrs stated he felt the best alternative was to angle the parking south with a sawtooth curb and planter (east property line) and open up the Circle K driveway, and plant trees in the angles. 14. Following discussion, it was moved and seconded by Commissioners Marrs/Adolph to adopt Resolution 93-042 recommending approval of Conditional Use Permit 93-W8, subject to conditions and the deletion of Condition #13 and the addition of Condition #41 requiring the sawtooth planters. ROLL CALL: AYES: Commissioners Adolph, Ellson, Marrs, Abels, Chairwoman Barrows. NOES: None. ABSENT: None. ABSTAIN: None. 15. It was moved and seconded by Commissioners Marrs/Adolph to adopt Resolution 93-043 recommending approval of Variance 93-023, subject to conditions and the amendment of Condition #6 requiring a one way aisle and an 18-foot minimum driveway width. ROLL CALL: AYES: Commissioners Adolph, Ellson, Marrs, Abels, Chairwoman Barrows. NOES: None. ABSENT: None. ABSTAIN: None. IV. PUBLIC CORD IENT: None V. BUSMS SESSION: A. Plot Plan 93-512; uest of TD Desert Developers (Chuck other) for approval of p nary landscaping plans, gated entrance, dministration building fo th Avenue. 1. Principal Planner Stan Sawa presented formation contained in the oOor staff report, a copy of which is on fi the Planning and Developmen Department. 2. There being no questio f staff, Chairwoman Barro ed if the applicant wished to dress the Commission. huck Strother explained the pr ' to the Commission and stat had no objection to PCll-9 21 000290 City Council Minutes ATTACHMENT 5 5 November 16, 1993 Executive Board Member John Pena, Mayor Alternate ......... Ron Perkins, Council 05ard Member ..... John Pena, yor ..... I .. I . I .... Glenda Wrgerter, Mayor Pro Tem Executive Board Member Glenda Bangerter, Mayor Pro TernAlternate ........ Stan Sniff, Council Member Member ........... Stan Snif/gerter MOTI - It was moved by Council Mthat the staff assignments be confirmed with Council Memr Pro Tem Bangerter alternating positions. Motion carried unanimRDER NO. 93-230 B SINES SES ION 1. REPORT OF PLANNING COMMISSION ACTION ON VARIANCE 93-023 & CONDITIONAL USE PERMIT 93-008 TO ALLOW EXPANSION OF AN EXISTING COMMERCIAL BUILDING IN THE C-V-N ZONING DISTRICT LOCATED AT THE NORTHEAST CORNER OF CALLE TAMPICO AND AVENIDA BERMUDAS. APPLICANT: MR. AGUSTIN MARTINEZ - LA QUINTA MEAT MARKET. Mr. Trousdell, Associate Planner, presented an Existing Land Use Map and advised that the applicant, Mr. Agustin Martinez, has requested approval to expand an existing 1,581 square foot one-story building (previously La Quinta Pharmacy) by 930 sq. ft. , located at the northeast corner of Avenida Bermudas and Calle Tampico. The expansion consists of an addition to the one-story building as well as addition of a second story to be used as an office. 000291 22 City Council Minutes 6 November 16, 1993 The applicant submitted a revised site plan to the Planning Commission on October 19th proposing a one-way access loop with the entrance at Avenida Bermudas and the exit on Calle Tampico. He was concerned about liability problems with Circle K customers using his parking spaces and driveways. Mr. Trousdell stated that there was concern about Circle K having a prescriptive easement over this site. Mr. Martinez's title did not show any access restrictions on his site requiring Circle K to have access. The Circle K Corporation in Arizona advised that after researching their files they could not find a legal agreement between the two properties. They did, however, request that the City retain the historical access because it is a benefit to their store. Mayor Pena was concerned about Circle K customers parking at the Meat Market and walking over to the store because it would deteriorate that area quickly. He felt the proposed planter should be taller to discourage this situation from happening. Mr. Trousdell stated that originally a four -foot masonry wall was proposed but the Planning Commission felt that it could be damaged from a vehicle backing into it. Mayor Pena suggested planting a hedge which would give the same effect. Council Member Sniff questioned what the fundamental flaw is with what's currently there because it has worked for years. He didn't see what was wrong with people being able to go over to Bermudas to get back out onto Tampico. Mr. Trousdell advised that it was staff s recommendation to retain the common access. In response to Mayor Pena, Mr. Trousdell stated that Circle K has not indicated an interest in discussing shared access with Mr. Martinez. He also advised that the variance applications are necessary because this expansion does not meet some of the C-V-N Zoning Ordinance standards and off-street parking regulations. Mayor Pena commented that he likes the remodeled structure, but was torn because of the inconvenience of eliminating the shared access. Charles Garland, Architect, 33163 Cathedral Canyon Drive, Cathedral City, commented that this is the applicant's property and his rights should be protected. Mr. Martinez, applicant, advised that he has talked to a Circle K Manager from San Diego. Basically, Circle K, which has a great deal of traffic, wants to use his property. If he doesn't eliminate the shared access, they will have a real traffic problem and his main concern is for the safety of his customers because he would be liable in case of an accident. 0002341. 23 City Council Minutes 7 November 16, 1993 Council Member Perkins asked if the ingress lines up with Bermudas. Mr. Trousdell advised that there is cross traffic and there are no improvements on the date grove side. Council Member Perkins asked if what is currently there was grandfathered in and if that is the purpose for the variance. Mr. Trousdell advised that a conditional use permit is needed because this property is classified as a Group 14 land use. - In response to Mayor Pena, Ms. Honeywell, City Attorney, advised that if Circle K feels that they have some legal right to use that property, they have failed to introduce it. Any use of the applicant's property by Circle K would be a matter between the two property owners and would not necessarily be a concern of the City; however, traffic circulation is looked at when reviewing Conditional Use Permits. Council Member Bangerter commented on the changes in traffic patterns that the improvements to Tampico have created, in that left -turns that were previously allowed are no longer permitted as there are no median breaks. However, after a time, people get used to these changes and she believed that if this shared access is eliminated, people using Circle K will get used to it. She believed that if the applicant has met the code requirements, he should be able to do what he wishes with his property. MOTION - It was moved by Council Members Bangerter/Perkins to accept the report of action taken by the Planning Commission approving Variance 93-023 and Conditional Use Permit 93-008, as submitted. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 93-231. 2. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 93-512 APPROVING PRELIMINARY PERIMETER LANDSCAPING, GATED ENTRANCE & ADMINISTRATION BUILDING ON SOUTH SIDE OF 48TH AVENUE EAST OF WASHINGTON ST. WITHIN RANCHO LA QUINTA. APPLICANT: TD DESERT DEVELOPMENT - CHUCK STROTHER. Mr. Sawa, Principal Planner, advised that on November 9, 1993, the Planning Commission approved the application for Rancho La Quinta for perimeter landscaping along 48th Avenue and both the Design Review Board and the Planning Commission recommend approval of this request. MOTION - It was moved by Council Members Bangerter/Perkins to accept for file the report of action taken by the Planning Commission on Plot Plan 93-512 - Rancho La 000293 24 ATTACHMENT 6 JAN 0 9 19�5 January 9, 1995 City Counsel of La Quinta: We are hereby asking permission to open our business at 78 100 Calle Tampico after the clean up, painting of the exterior, remodeling of the parking lot and landscape. We are also asking for an extension of time for completion of the second phase of construction of the second story. Thank you, Augustia Martinez Elk- 0 . 000294 25