1997 08 05 CCing -> 17g City Council
Agenda
CITY COUNCIL CHAMBER
78-495 CalIe Tampico
La Quinta, California 92253
Regular Meeting
August 5, 1997 3:00 P.M.
CALL TO bRDER
a. Pledge of Allegiance Beginning Res. No.97-67
b. Roll Call Ord. No.307
PUBLIC COMMENT
This is the time set aside for public comment on any matter not scheduled for public hearing. Please
complete a request to speak" form and limit your comments to three minutes.
Please watch the timing device on the podium.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
a. Approval of Minutes of July 15 & July 21, 1997
ANNOUNCEMENTS
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WRITTEN CORRESPONDENCE
BUSINESS SESSION
1. CONSIDERATION OF APPROVAL OF AMENDED PERSONNEL POLICIES.
A) RESOLUTION ACTION.
2. CONSIDERATION OF A RE?UEST BY THE LA QUINTA ARTS FOUNDATION FOR AN
EXTENSION OF THE TERMS OF THE LEASE AGREEMENT WITH THE CITY.
A) MINUTE ORDER ACTION.
3. CONSIDERATION OF CULTURAL COMMISSION'S RECOMMENDATION FOR GRANT FUNDING
FOR FISCAL YEAR 1997/95.
A) MINUTE ORDER ACTION.
4. CONSIDERATION OF GRANT PROCESS FOR SCHOOLS.
A) MINUTE ORDER ACTION.
5. CONSIDERATION OF A CONTRACT FOR PROFESSIONAL SERVICES FOR AB939 SERVICES
FOR FISCAL YEAR 1997/98 WITH ECONOMICS AND APPROPRIATE FUNDS IN AN AMOUNT
NOT TO EXCEED $40,000 AND AUTHORIZE THE CITY MANAGER TO SIGN THE CONTRACT.
A) MINUTE ORDER ACTION.
6. CONSIDERATION OF THE HIGHWAY 111 LANDSCAPE AND BUILDING DESIGN GUIDELINES.
A) MINUTE ORDER ACTION.
7. CONSIDERATION OF EXTENDING THE COMMUNITY INFRASTRUCTURE FEE.
A) RESOLUTION ACTION.
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AND SPECIFICATIONS, CONSTRUCTION AND MAINTENANCE FOR IRRIGATION AND
LANDSCAPING OF THE VACANT CITY-OWNED PARCEL SOUTH OF ACE HARDWARE AND
WEST OF DESERT CLUB DRIVE.
A) MINUTE ORDER ACTION.
9. SECOND READING OF ORDINANCE NO.305 RE: CHANGE OF ZONE 97-082
CONSENT CALENDAR
Note: Consent Calendar Items are considered to be routine in nature and will be approved by one
motion.
1. APPROVAL OF DEMAND REGISTER DATED AUGUST 5, 1997.
2. ACCEPTANCE OF IMPROVEMENTS TO THE SENIOR CENTER PARKING LOT, PROJECT NO.96-
03 AND AUTHORIZATION TO FILE NOTICE OF COMPLETION.
3. APPROVAL OF A QUITCLAIM DEED EXTINGUISHING RESTRICTED ACCESS RIGHTS ALONG
STATE HIGHWAY 111 FOR EAGLE HARDWARE, S.C.P. 97-605.
4. AUTHORIZATION TO AWARD CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS WITHIN
THE PM1O STREET IMPROVEMENT PROJECT AREA INCLUDING CALLE TAMPICO SIDEWALK
IMPROVEMENTS.
5. APPROVAL OF PROJECT PLANS & SPECIFICATIONS AND AUTHORIZATION FOR STAFF TO
ADVERTISE AND RECEIVE BIDS FOR PROJECT NO.97-06, DUNE PALMS ROAD/WHITEWATER
RIVER CROSSING.
6. APPROVAL OF PROJECT PLANS AND SPECIFICATIONS AND AUTHORIZE STAFF TO
ADVERTISE AND RECEIVE BIDS FOR FRITZ BURNS PARK IMPROVEMENTS.
7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING MANAGER TO ATTEND THE
AMERICAN PLANNING ASSOCIATION ANNUAL CONFERENCE IN MONTEREY, OCTOBER 12-
15, 1997.
8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR COUNCIL MEMBER HENDERSON, CITY
CLERK, PUBLIC WORKS DIRECTOR/CITY ENGINEER, AND ASSISTANT CITY MANAGER, TO
ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SAN FRANCISCO,
OCTOBER 12-14, 1997.
9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER TO
ATTEND THE DISASTER RECOVERY: EARTHQUAKE" CLASS, OFFERED BY CALIFORNIA
SPECIALIZED TRAINING INSTITUTE IN ORANGE, OCTOBER 6-10, 1997.
10. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR A CODE COMPLIANCE OFFICER TO ATTEND
A TRAINING CLASS GIVEN BY SOUTHERN CALIFORNIA ASSOCIATION OF CODE
ENFORCEMENT OFFICIALS, INC., IN MONTEREY, SEPTEMBER 3-4, 1997.
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ing -> 17g 11. APPROVAL OF FINAL PARCEL MAP AND SUBDIVISION AGREEMENT FOR PARCEL 28422,
LAPIS ENERGY ORGANIZATION.
12. APPROVAL OF RECbMMENDATION FROM THE ART IN PUBLIC PLACES COMMISSION FOR
APPROPRIATION OF AN ADDITIONAL $5,600 FROM THE APP FUND TO COVER THE COST
OF ADDING A CENTER POLE TO THE ARTWORK FOR THE FRITZ BURNS PARK.
13. APPROVAL OF A RECOMMENDATION BY THE ART IN PUBLIC PLACES COMMISSION FOR A
FINAL DESIGN OF THE ARTWORK TO BE INSTALLED AT THE PROPOSED EAGLE HARDWARE
AND GARDEN; AUTHORIZATION FOR THE CITY MANAGER TO SIGN A CONTRACT BETWEEN
THE CITY, EAGLE HARDWARE & GARDEN, INC., AND JEFFREY FOWLER; AND ISSUANCE OF
A CREDIT TO EAGLE HARDWARE & GARDEN, INC. TOWARD THEIR APP FEES IN AN
AMOUNT NOT TO EXCEED $43,000.
STUDY SESSION None
REPORTS AND INFORMATIONAL ITEMS
A. PLANNING COMMISSION MINUTES OF JUNE 24, 1997
B. HUMAN SERVICES COMMISSION MINUTES OF JUNE 18, 1997
C. CVAG COMMITTEE REPORTS
D. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE
HENDERSON)
E. C. V. MOSQUITO AND VECTOR CONTROL DISTRICT
F. C. V. MOUNTAINS CONSERVANCY SNIFF)
G. C. V. REGIONAL AIRPORT AUTHORITY HENDERSON)
H. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU HOLT)
I. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE HENDERSON)
J. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE HENDERSON)
K. RIVERSIDE COUNTY LIBRARY ADVISORY BOARD
L. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP ADOLPH)
DEPARTMENT REPORTS
A. CITY MANAGER
1. RESPONSES TO PUBLIC COMMENT
B. CITY ATTORNEY NONE
C. CITY CLERK NONE
D. BUILDING AND SAFETY DIRECTOR NONE
E. COMMUNITY DEVELOPMENT DIRECTOR
1. REPORT ON THE REQUEST OF HEYWOOD COMPANY REGARDING OUTDOOR
ADVERTISING SIGNS AT WASHINGTON SQUARE
2. MONTHLY REPORT FOR JULY, 1997
F. FINANCE DIRECTOR NONE
G. PARKS & RECREATION DIRECTOR NONE
H. PUBLIC WORKS DIRECTOR NONE
I. SHERIFF'S STATION COMMANDER NONE
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1. DISCUSSION OF POLICY REGARDING PROHIBITION OF GENERAL SOLICITATION AND
CAMPAIGN ACTIVITIES IN CITY HALL DURING BUSINESS HOURS. PERKINS)
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
PUBLIC HEARINGS
1. ENVIRONMENTAL ASSESSMENT 97-340, GENERAL PLAN AMENDMENT 97-054, CHANGE
OF ZONE 97-083, SPECIFIC PLAN 121-E, AMENDMENT #4, TENTATIVE TRACT MAP 28545,
SITE DEVELOPMENT PERMITS 97-607 & 97-608, AND CERTIFICATE OF APPROPRIATENESS
97-003. APPLICANT: KSL RECREATION CORPORATION AND ITS ASSIGNS. REQUEST AND
LOCATIONS:
1. APPROVAL OF ENVIRONMENTAL ASSESSMENT 97-340, CERTIFYING A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN
AMENDMENT 97-054, CHANGE OF ZONE 97-083, SPECIFIC PLAN 121-E,
AMENDMENT #4, TENTATIVE TRACT 28545, SITE DEVELOPMENT PERMITS 97-607
AND 97-608 AND CERTIFICATE OF APPROPRIATENESS 97-003.
2. APPROVAL OF GENERAL PLAN AMENDMENT FROM MDR MEDIUM DENSITY
RESIDENTIAL 4-8 DWELLING UNITS PER ACRE) TO TC TOURIST COMMERCIAL) FOR
APPROXIMATELY 14.8 ACRES GENERALLY LOCATED ON THE WEST SIDE OF
AVENIDA OBREGON SOUTH OF AVENIDA FERNANDO, AND FROM LDR LOW
DENSITY RESIDENTIAL 2-4 DWELLING UNITS PER ACRE) TO TC TOURIST
COMMERCIAL) FOR APPROXIMATELY 17.6 ACRES AT THE SOUTHEAST CORNER OF
50TH AVENUE AND EISENHOWER DRIVE. OOOOO9?
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DWELLING UNITS PER ACRE) TO TC TOURIST COMMERCIAL) FOR APPROXIMATELY
14.8 ACRES GENERALLY LOCATED ON THE WEST SIDE OF AVENIDA OBREGON,
SOUTH OF AVENIDA FERNANDO, AND FROM RL LOW DENSITY RESIDENTIAL 2-4
DWELLING UNITS PER ACRE) TO TC TOURIST COMMERCIAL) FOR APPROXIMATELY
17.6 ACRES AT THE SOUTHEAST CORNER OF 50TH AVENUE AND EISENHOWER
DRIVE.
4. APPROVAL OF AMENDMENT #4 TO SPECIFIC PLAN 121-E TO UPDATE THE PLAN
AND ALLOW NEW DEVELOPMENT AND USES FOR THE AREA COMPRISING THE LA
QUINTA RESORT, SANTA ROSA COVE, LA QUINTA RESORT GOLF COURSE,
ABUTTING TRACTS, AND THE SOUTHEAST CORNER OF 50TH AVENUE AND
EISENHOWER DRIVE.
5. APPROVAL OF TENTATIVE TRACT MAP 28545 TO DIVIDE APPROXIMATELY 62.5
ACRES INTO 132 LOTS FOR THE AREA ENCOMPASSING THE LA QUINTA RESORT
AND CLUB LOCATED GENERALLY WEST OF EISENHOWER DRIVE AND SOUTH OF
AVENIDA FERNANDO.
6. APPROVAL OF SITE DEVELOPMENT PERMIT 97-607 TO ALLOW REMOVAL OF SEVEN
TENNIS COURTS, 18 HOTEL UNITS, EMPLOYEE PARKING, AND MAINTENANCE
FACILITIES AND REPLACE WITH 119 RESORT-RESIDENTIAL UNITS AND A HEALTH
SPA OF APPROXIMATELY 19,400 SQUARE FEET IN THE AREA GENERALLY LOCATED
BETWEEN AVENIDA OBREGON AND CALLE MAZATLAN, SOUTH OF THE LA QUINTA
TENNIS CLUB AND ON THE EAST SIDE OF AVENIDA OBREGON, ACROSS FROM THE
TWO EXISTING SUNKEN TENNIS COURTS.
7. APPROVAL OF SITE DEVELOPMENT PERMIT 97-608 TO ALLOW CONSTRUCTION OF
A GOLF COURSE/HOTEL MAINTENANCE FACILITY INCLUDING A 14,600 SQUARE
FOOT BUILDING AND PARKING LOT FOR ALL HOTEL AND GOLF COURSE EMPLOYEES
ON APPROXIMATELY 6.2 ACRES LOCATED ON THE SOUTH SIDE OF 50TH AVENUE,
APPROXIMATELY 210 FEET EAST OF EISENHOWER DRIVE.
8. APPROVAL OF CERTIFICATE OF APPROPRIATENESS 97-003 TO ASSURE
ARCHITECTURAL COMPATIBILITY BETWEEN HISTORIC STRUCTURES AND
PROPOSED CONSTRUCTION, PURSUANT TO SECRETARY OF INTERIOR STANDARDS.
A) RESOLUTION ACTION 7).
B) MOTION TO TAKE UP ORDINANCE NO. BY TITLE AND NUMBER ONLY
AND WAIVE FURTHER READING.
C) MOTION TO INTRODUCE ORDINANCE NO. ON FIRST READING.
2. ZONING ORDINANCE AMENDMENT 97-056 TO PROHIBIT INDEPENDENT USED VEHICLE
SALES, EXCLUDING NEW VEHICLE SALES WITH ASSOCIATED USED VEHICLE SALES IN THE
REGIONAL COMMERCIAL DISTRICT.
A) MOTION TO TAKE UP ORDINANCE NO. BY TITLE AND NUMBER ONLY
AND WAIVE FURTHER READING.
B) MOTION TO INTRODUCE ORDINANCE NO. ON FIRST READING.
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TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE BY AND BETWEEN THE
CITY OF LA QUINTA AND WASTE MANAGEMENT OF CALIFORNIA, INC.; APPROVAL OF THE
REQUESTED RATE INCREASE FOR RESIDENTIAL WASTE COLLECTION FEES, AND DIRECT
CHARGES FOR RESIDENTIAL PROPERTIES TO BE ADDED TO THE TAX ROLLS.
Al RESOLUTION ACTION.
CLOSED SESSION
NOTE: PERSONS IDENTIFIED Ag NEGOTIATING PARTIES WHERE THE CITY IS CONSIDERING ACQUISITION OF
THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED SESSION MEETING.
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) REGARDING EXISTING LITIGATION STAMKO DEVELOPMENT CO., CASE NO.
INC. 000492.
2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) REGARDING EXISTING LITIGATION COUNTY OF RIVERSIDE CASE NO. INC
002131.
3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) REGARDING EXISTING LITIGATION INSURANCE COMPANY OF THE WEST, CASE
NO. INC 002476.
ADJOURNMENT
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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 August 5, 1997 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 and at Albertson's, 78 630 Highway 111, on Friday, August 1, 1997.
DA D August 1, 1997
AUNDRA L JUHOLA 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, 24-hours in advance of the meeting
and accommodations will be made.
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August 5, 1997
Mayor Glenda Rolt
and City Council
City of La Quint a
78-495 C?le Tampico
La Quinta, CA 92253
Honorable Mayor Holt and City Councilmembers:
The City of Indlo is once again initiating an attempt to end the very cos?y litigation between the City of
La Quinta and the City of Indio. We do not believe the taxpayers of either City have elected us to use
their tax dollars in this way
The City of Indio has many other uses for this money as I am sure the City of La Quinta does. I am
sure your constituents would rather see this money used toward road improvements and youth oriented
projects such as swimming po?s or parks
The City of Indio is once again prepared to make another offer to end the litigation over the competing
auto malls:
1. The City of Indio and City of La Quinta drop all litigation currently filed;
2 The City of Indio and City of La Quinta agree that no firther litigation will be initiated in
regards to the auto malls, the Stamko project, or environmental concerns regarding these
projects in La Quinta or Indio by either of the cities.
It is our understanding the County of Riverside and Granite Construction are prepared to join in this
agreement and would require this type of agreement with respect to the In dio Auto Mall
Thank you,
CITY OF INDIO
AUTO MALL COMMITTEE
uck Cervello Michael Wilson
MAYOR MAYOR PRO TEM 000009
cc. City Council
CITh' OF INDIO 100 CWIC CEN??ER MALL. P 0. DRAWER 178? INDIO. CA 92202
DEPARTMENT TELEPHONE NUMBERS, ALL IN 619 AREA CODE
CITh' CLERk' 342-6570* CITY MANAGER 342-E?5S0 * COMMUNITY DEVFLOPMENT/REDE?ELOPMENT 342-6500
FINANCE 342?6560 * FlRF??7 07"6 * HLIM.?N RESOURCES 342-6540* POLICE 347-5522 & FAX 347-4317
PUBLIC SERVICLS/"L-NOINEERING 342-E?530 * CITY HALL FAX 342-6556* CITh YARD 347-1055
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POB 351
La Quinta, Ca. 92253
#760- 564-4483
August 5, 1997
Mayor Holt and City Council Memebers:
The City of La Quinta refuses to give streets and sewers to
long time homeowners, and property owners because they don't
have money, but the City of LQ is spending taxpayers money to
encourage parents to neglect their children by leaving them
alone in their homes as per article in the May 12, 1997 Newsweek.
Chicago psychologist Vicki Curran states One of the functions
of parents is monitoring- you monitor their homework, their
friends, etc." I don't think we've said enough to parents about
how the demands on them change when early adolescents hits,
and kids may start to engage in drugs or sex."
Not only are we misusing our city's money, but research shows
that this leads to kids-- being more aggressive, more deviant."-
I believe that the City Council members should stop funding
this organization that is hurting the children.
I called the City, and found out that the Pomona students' plan
for the downtown was presented privately at the Chamber of
Commerce and not at the City Council study meeting, so that
property owners, and business would have some input. Thus again
there is a new secret plan for the commercial downtown. Did
these students interview the businesses, or property owners?
No.' Last time too, the Specific Plan consultant interviewed
the La Quinta Hotel, the Chamber of Commerce, and the Arts
Foundation and at the last minute after the major decisions
were made, the property owners were consulted. Yes, La Quinta
wasted taxpayers money by planing a Arizona Art Center, but
not including the Angel who subsidized their losses for years.
Thus the downtown development was stopped except for the ugly
library building that has won a award for the worst architecture
in the Coachella Valley. And the new art piece at 111 and
Washington is coming in second for the poor presentation of
the sculpture.
Since the non-profit C of C receives more than 50% of their
income from the City of La Quinta, and thus is really an arm
of the City, again you council people are not respecting the
rights of property owners. As a major developer told me, we
want downtown business to sell high end merchandise like a
$10,000 vase, or painting. He said the City will have o
subsidize the area. That appears to be where the city is headed,
but in spite of threatening me many times in the past,
you refuse to buy the land, but do everything to destroy the
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original downtown property by making Montezuma a oneway street.
At the Downtown Property Meeting which the City sponsored,
Councilwoman Henderson attended even though it was restricted
to property owners, she said, The downtown hasn't been developed
for 50 years, and it never will be."
Does this represent the opinion of this City Council? Thus
the meetings were a farce, as the business owners, and the
property owners were requesting streets, but where did the new
streets go, to areas that weren t part of LQ when the original
street plan was designed.
Yes, you are putting in streets without sewers, and?parking
lots since the Senior Center is more important to the City.
It appears that the non-profits get more money from the City
than taxpayers even though the money is misspent as the Art
Foundation was spending over $20,000.00 for property taxes.
I was the one who called their attention to it, as a person
who has paid property taxes for years, while the City of La
Quinta goes out of their way to destroy my downtown property.
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POB 351 #760-564-4483
La Quinta, Ca. 92253
July 8, 1997
Desert Sun
POBox 2737
Palm Springs, Ca. 92263-2737
Letter to the Editor:
At the June 17th La Quinta City Council meeting, financial
decisions were made on the spending of money for the year.
After all these years, I shouldn't be shocked by t?e conduct
of our council members, but with the upcoming election in
November, it would be felt that the council members would finally
take action to give streets to the long time homeowners, and
commercial landowners. But in a feeble attempt to appease the
voting public, they agreed to set aside $200,000 for the streets,
which will cost over a million. Then this amount was reduced
to $150,000, because they wouldn't reduce the nearly $200,000
which they contract with the Chamber of Commerce, even though
the Chamber and their attorney refuse to allow the City Council
to review their books. What is the Chamber afraid of?
People of LQ, why did we incorporate? Why do homeowners and
businesses have to beg to get basic needs like streets? Why
has the city given over one million dollars to the Chamber of
Commerce who have two offices, and the LQ Arts Foundation who
can afford to buy 80 acres of land? As a senior, I don't believe
that the Senior Center should have the priority of receiving
money, and have their new building's roof repaired, nor $40,000
spent on repairs for the new City Hall's roof.
Did we incorporate to build monuments for the ego of the Mayor,
and Council members?
Why does an organization who encourages parents to leave children
home alone be given $35,000 by the City of La Quinta, while-
hardworking citizens who bought homes, and invested in businesses
don't get their needed streets and sewers?
Why do we allow the corporation to demand an expensive bike
path, and outrageous landscaping when the city claims they can't
afford basic needs like streets for its citizens?
We need a new City Council and a recall of any council member
who is afraid to stand up against the powerful interests, and
who will not give the citizens of La Quinta STREETS. Isn't
that why we became a city? Go to the Council meetings1 and
let your council members know that unless they vote for streets
this year, you will vote for other people.
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May 31, 1996
Dear Mayor and City Council:
This letter is to address a major oversight in the NEXT five
years planning for the streets and sewers in the City of LQ.
Our property, located at 51-535 Ave. Navarro, was built in 1990
and purchased by us in 1990 with the previous five year plan
IN PLACE that allowed for streets and sewers on all EXISTING
homes by the end of the five year plan in the Uptown and DOWNTOWN
areas of the City of LA Quinta.
Unfortunately, new developments, new oversized and elaborate
treatment of the new City Hall in 92-'93, parking?and a new
senior center in 94-'95, plus additional parking and roads
paved to accommodate a dust factor not considered important
in the Downtown area where the Festivals are held and endless
dust particles are stirred because the streets and sewers are
NOT in place for the residents and business in the SAME area
our house and property is located!) took president over
completing the task as outlined and told to property owners,
including ourselves when we called the City Offices repeatedly
for a date our streets and severs would be in-('93-t94-'95)!
We were always told we were in the last phase of the five year
plan. It did not happen! Now we are in a NEW five year plan,
and it is my understanding we are not even in or considered!
What is going on! Why is it so difficult to get a street-severs
and an explanation! We have petitioned, attended meetings,
etc. all to no avail.
It would appear that the Mayor and City Council including the
previous Mayor and the City Council) have forsaken their
responsibilities to their existing and long standing taxpayers
in the Community by not only denying them the home privileges
that they are entitled to streets and severs) but by IGNORING
their requests for VALID answers
Awaiting your immediate response.
Sincerely,
Mr. and Mrs. David Hanan
2200 Laurel Cyn. Blvd.
Los Angeles, Ca. 90046
#213-656-6840
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BUSINESS SESSION:
COUNCIL?RDA MEETING DATE: August 5, 1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of Adoption of a Resolution
approving the amended Personnel Policies PUBLIC HEARING:
RECOMMENDATION:
Adopt Resolution approving the updated City Personnel Policies and rescind Resolution
No.88-29.
FISCAL IMPLICATIONS: None
BACKGROUND AND OVERVIEW:
Resolution 88-29 established the Personnel System Rules that are currently in place.
The attached Personnel Policies Attachment 1) are an update of those Rules.
A number of the changes that have been made to the Policies are required by changes
in state and/or federal law, for example: Family and Medical Leave Act, Sexual
Harassment, Workplace Violence and Drug Free Workplace. Other changes, listed in
summary below, are changes being recommended by personnel staff:
* Pre-employment drug screen for some positions
* No smoking in City vehicles/rolling stock
* Reduction in force/layoff policy
* Nepotism policy
* Performance evaluation and merit increase standards
* Overtime calculations overtime in excess of 40 hours/week vs. 8 hours/day)
* Constructive resignation policy
* Expanded disciplinary action section
* Grievance procedures
* Benefits for regular part-time employees who work at least 30 hours per week
* Extend probationary period from six 6) months to twelve 12) for initial
appointments. Able to use accumulated leave after three 3) months.
Promotional Probationary Period remains six 6) months.
* Addition of an Employee Assistance Program EAP)
* Clarification of positions receiving Administrative Leave
* Dress Code
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ing -> 17gCouncil originally reviewed the draft updated Policies in October. Since that time, the
draft has been distributed to all City employees and the La Quinta City Employees
Association LOCEA) for input.
The draft as presented shows any changes to the document since October as
highlighted sections. Primarily, those changes are editorial in nature. The exceptions
are:
1. DeDartment of Transportation Alcohol and Drug Abuse. Section 1.75. Pg 17
This section has been added based on Federal regulations that are currently in
place.
2. Workplace Violence. Section 1.85. Pg 28
The change allows for an employee to carry a personal defense chemical spray
on City property with Department Director approval.
3. Disability Leave. Section 7.35. Pg 62
This section was added for clarification.
4. Appeal Hearing Process. Section 11 Pg 70
Instead of creating a Personnel Board for hearing personnel matters, this Section
requires a Hearing Officer an outside independent person) be selected.
5. Tuition Reimbursement. Section 1 5.25 Pg 87
This section changes the percentage that any one employee may receive of the
annual budgeted funds available for tuition reimbursement from 25% to 1 5%.
It also allows for any unencumbered funds at the end of the year to be re-
distributed.
The policies, as they are now presented, have been reviewed and approved by two
separate legal firms. The City's labor attorney, Ski Harrison from Rutan & Tucker, will
be present at the Council meeting to answer any questions.
In addition, a memorandum from the La Quinta City Employees Association LOCEA)
Attachment 2) has been included to evidence the fact that the City has met and
conferred in good faith during the Personnel Policy update process.
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ing -> 17gFINDINGS AND ALTERNATIVES:
The alternatives available to Council are:
1. Adopt the Resolution approving the updated City Personnel Policies and rescind
Resolution No.88-29;
2. Make changes to the Personnel Policies presented;
3. Maintain Resolution No.88-29 keeping the prior Rules in place.
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ing -> 17g RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA
ESTABLISHING PERSONNEL POLICIES
PURSUANT TO MUNICIPAL CODE SECTION
2.08.060 B)
WHEREAS, the City Council is authorized and directed under the provisions of
Municipal Code Section 2.08.060 B) to adopt rules for the administration of the
personnel system created in said ordinance; and
WHEREAS, City Management has met and conferred with the La Quinta
Employee's Association LQCEA) on the changes to the Personnel Policy.
WHEREAS, the objectives of these rules are to facilitate efficient and economical
services to the public and to provide for an equitable system of personnel management
in the municipal government; and
WHEREAS, these policies set forth, in detail, those procedures which insure
similar treatment for those who compete for original employment and promotion, and
define many of the obligations, rights, privileges and prohibitions which are placed
upon all employees in the competitive service of the City; and
WHEREAS, at the same time, within the limits of administrative feasibility,
latitude shall be given the City Manager and the Employee Relations Officer in the
interpretation of these policies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La
Quinta, California, does hereby adopt the Personnel Policies as set forth in Exhibit A
attached hereto and incorporated herein by reference.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council, held on this day of 1997 by the
following vote, to wit:
AYES:
NOES:
ABSTAIN: 000020
ABSENT:
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ing -> 17gRESOLUTION NO.97
GLENDA L. HOLT, Mayor
City of La Quinta, California
ATTEST:
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta, California
03'0021
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ing -> 17g ATTACHMENT NO.1
City of La Quinta
Personnel Policy
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ing -> 17gSECTION 1: GENERAL PROVISIONS......................................5
1.05 PURPOSE..................................................5
1.10 APPLICATION AND EXCEPTIONS...............................5
1.15 VALIDITY OF POLICY SEVERABILITY)........................6
1.20 VIOLATION OF POLICY......................................6
1.25 DEFINITION OF TERMS......................................6
1.30 NO CONTRACT OF EMPLOYMENT CREATED.......................12
1.35 ADMINISTRATION OF THE PERSONNEL SYSTEM..................12
1.40 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER
GRATUITIES..............................................12
1.45 OUTSIDE EMPLOYMENT......................................13
1.50 POLITICAL ACTIVITIES:...................................14
1.55 SAFETYANDHEALTH.........................................14
1.60 SEATBELTPOLICY..........................................15
1.65 DRUG AND ALCOHOL FREE WORKPLACE.........................15
1.70 DRUG AND ALCOHOL FREE WORKPLACE PROHIBITED CONDUCT. 17
1.75 DOT ALCOHOL AND DRUG ABUSE..............................17
1.80 EQUAL EMPLOYMENT POLICY AND SEXUAL HARASSMENT...........26
1.85 WORKPLACE VIOLENCE......................................28
1.90 SMOKING POLICY..........................................28
1.95 DRESS CODE..............................................28
SECTION 2: CLASSIFICATION AND SALARY PLAN.........................29
2.05 PREPARATION AND AMENDMENT OF CLASSIFICATTON PLAN........29
2.10 ALLOCATED POSITIONS.....................................29
2.15 NEWPOSITIONS............................................29
2.20 CLASSIFICATION SPECIFICATIONS...........................29
2.25 PREPARATION AND ADOPTION OF SALARY PLAN.................29
2.30 APPROPRIATE SALARY STEP.................................29
2.35 BENEFIT PLAN............................................30
SECTION 3: TYPES OF APPOINTMENTS..................................30
3.05 TYPES OF APPOINTMENTS...................................30
3.10 PROBATIONARY APPOINTMENTS...............................30
3.15 FULL TIME APPOINTMENT...................................30
3.20 EMERGENCY APPOINTMENTS..................................30
3.25 INTERIM APPOINTMENTS....................................31
3.30 WOEKING OUT OF CLASS"..................................32
3.35 TRANSFER................................................33
3.40 PROMOTION...............................................33
3.45 DEMOTION................................................34
3.50 RECLASSIFICATION........................................34
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ing -> 17g 3*55 LAYOFFSIREDUCTION-IN-FORCEIRECALL......................35
SECTION 4: RECRUITMENT AND SELECTION.........................38
4.05 EQUAL EMPLOYMENT GOALS AND POLICIBS....................38
4.10 PERSONNEL REQUESTS.....................................38
4.15 JOB ANNOUNCEMENTS......................................39
4.20 PERSONNEL APPLICATIONS.................................39
4.25 DISQUALIFICATION OF APPLICATIONS:......................39
4.30 RECRUITMENT............................................40
4.35 EVALUATION OF APPLICATIONS.............................40
4.40 CANDIDATES' EXAMINATION INSPECTION.....................41
4.45 NEPOTISM POLTCY........................................41
4.50 DRIVING SAFETY CHECK...................................43
4.55 ELIGIBILITY LISTS......................................43
4.60 FINAL DECISIONS OF SELECTION...........................44
4.65 PRE-EMPLOYMENT PHYSICAL................................45
4.70 EMPLOYMENT ELIGIBILITY VERIFICATION....................45
4.75 PROBATIONARY PERIOD....................................45
4.80 CRIMINAL CONDUCT INELIGIBILITY FOR EMPLOYMENT........45
4.85 RESIGNATION............................................46
SECTION 5: COMPENSATION AND EVALUATION...........................46
5.05 SALARY AT APPOINTMENT..................................46
5.10 EMPLOYEE PERFORMANCE EVALUATION........................46
5.15 PROGRESSION ON MERIT STEPS.............................47
5.20 SALARY ANNIVERSARY DATE................................48
5.25 BILINGUAL COMPENSATION.................................48
SECTION 6: ATTENDANCE AND HOURS OF WORK..........................49
6.05 WORKWEEK AND OVERTIME..................................49
6.10 NO GUARANTEE OF HOURS..................................49
6.15 STAND-BY AND CALL-BACK POLICY..........................50
6.20 TIME SHEETS............................................50
6.25 ABANDONMENT OF EMPLOYMENT..............................50
6.30 LUNCH AND BREAK POLICY.................................50
SECTION 7: LEAVES................................................51
7.05 JURY DUTY AND WITNESS LEAVE............................51
7.10 PREGNANCY DISABILITY LEAVE.............................52
7.15 MILITARY LEAVE.........................................52
7.20 LEAVE OF ABSENCE WITHOUT PAY...........................54
7.25 FAMILY AND MEDICAL LEAVE...............................55
7.30 ON-THE-JOB-INJURIES AND WORKERS' COMPENSATION COVERAGE
60
7.35 DISABILITY LEAVE.......................................62
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ing -> 17gSECTION 8: CONDUCT AND DISCIPLINARY GUIDELINES..................63
8.05 GROUNDS FOR DISCIPLINARY ACTION.......................63
SECTION 9: DISCIPLINARY ACTIONS.................................66
9.05 DEFINITION OF DISCIPLINARY ACTION.....................66
9.10 INFORMAL DISCUSSION...................................66
9.15 FORMAL WARNING........................................66
9.20 WRITTEN REPRIMAND.....................................66
9.25 DISCIPLINARY SUSPENSION...............................67
9.30 REDUCTION IN PAY......................................67
9.35 DEMOTJON..............................................67
9.40 DISCHARGE.............................................67
9.45 DOCUMENTATION OF DISCIPLINARY ACTION..................67
SECTION 10: DISCIPLINARY PROCEDURES.............................68
10.05 ADMINISTRATIVE RE-ASSIGNMENT WITH PAY.................68
10.10 DISCIPLINARY ACTION SUBJBCT TO SKELLY PROCEDURE.......68
10.15 APPEAL OF DEPARTMENT DIRECTOR'S DECISION..............69
10.20 AMENDED NOTICE OF DISCIPLINARY ACTION.................69
SECTION 11: APPEAL HEARING PROCESS..............................70
11.05 HEARING OFFICER.......................................70
11.10 REQUEST FOR APPEAL....................................70
11.15 ANSWER................................................70
11.20 TIME FOR HEARING......................................70
11.25 NOTICE OF HEARING.....................................71
11.30 PRE-IIEARINGMEETING...................................71
11.35 WITNESS LIST AND SUBPOENAS............................71
11.40 NATURE OF HEARING.....................................72
11.45 EXCLUSION OF WITNESSES................................72
11.50 PROPOSED FINDINGS OF FACT.............................72
11.55 OFFICIAL/JUDICIAL NOTICE..............................72
11.60 ORDER OF PROOF AT HEARING.............................73
11.65 FINDINGS OF FACT AND RECOMMENDATIONS TO THE EMPLOYEE
RELATIONS OFFICER.....................................73
11.70 DISPOSITION OF APPEAL.................................73
11.75 BURDEN OF PROOF.......................................73
11.80 WITHDRAWAL OF AN APPEAL...............................73
SECTION 12: GRIEVANCES..........................................73
12.05 MATTERS SUBJECT TO GRIEVANCE PROCEDURES...............73
12.10 MATTERS NOT SUBJECT TO GRIEVANCE PROCEDURES...........73
12.15 FREEDOM FROM REPRISAL.................................74
12.20 RESOLUTION............................................75
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ing -> 17g 12.25 WITHDRAWAL............................................75
12.30 RE-SUBMISSION.........................................75
12.35 EMPLOYEE REPRESENTATION...............................75
12.40 OBEY NOW-GRIEVE LATER.................................75
12.45 INITIATION OF GRIEVANCE PROCEDURE:....................75
12.50 INFORMAL GRIEVANCE PROCEDURE..........................75
12.55 FORMAL GRIEVANCE PROCEDURE............................75
12.60 TIME LIMITS...........................................77
SECTION 13: EMPLOYEE RECORDS AND FILES..........................77
13.05 PERSONNEL FILES.......................................77
13.10 DOCUMENTS IN PERSONNEL FILES..........................77
13.15 DISCLOSURE OF INFORMATION.............................78
13.20 CHANGES-IN-STATUS.....................................78
13.25 APPLICATION RETENTION.................................78
13.30 DESTRUCTION OF PERSONNEL RECORDS......................78
SECTION 14: EMPLOYEE BENEFIT PLAN...............................78
14.05 HEALTH BENEFJTS.......................................79
14.10 HOLIDAYS..............................................79
14.15 VACATION LEAVE........................................80
14.20 SICK LEAVE............................................82
14.25 BEREAVEMENT LEAVE.....................................83
14.30 ADMINISTRATIVE LEAVE..................................83
14.35 OVERTIME COMPENSATION.................................85
SECTION 15: TRAINING............................................86
15.05 TRAINING..............................................86
15.10 IN-HOUSE TRAINING.....................................86
15.15 DEPARTMENT TRAINING...................................86
15.20 SEMINARS AND CONFERENCES..............................86
15.25 TUITION REIMBURSEMENT.................................87
15.30 TRAINING AND TRAVEL REIMBURSEMENT.....................87
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ing -> 17gJuly 1, 1997
SECTION 1: GENERAL PROVISIONS
1.05 PURPOSE: The purpose of these Policies and Procedures is to establish systematic and uniform
procedures for handling personnel matters.
1.10 APPLICATION AND EXCEPTIONS:
1.10.1 These Policies shall apply to all offices, positions, and employments in the service of the
City, as defined in Section 1.25 of these Policies, with the exception of the following:
A. Members of the City Council and other elected officials.
B. Members of commissions and advisory bodies appointed by the City Council or City
Manager.
C. Direct appointees of the City Council, including the City Manager, City Attorney,
and City Clerk. A regular employee who also holds the position of City Treasurer
shall not be excluded from the Policies, unless the employee has entered into an
employment agreement pursuant to sub-section F" herein.
D. Volunteer personnel who provide services to the City without receiving
compensation although such persons may receive reimbursement for actual expenses
incurred in the service of the City).
F. Outside and independent contractors, engaged to provide expert, professional,
technical or other services.
F. Regular employees who have entered into a written employment agreement with the
City, unless otherwise specified in the employment agreement.
1.10.2 These Policies, with the exception of Sections 8 through 12 inclusive, shall apply to the
following employees, who serve at the pleasure of their respective appointing authorities and are
considered at will" employees:
A. Emergency employees, such as those hired to meet immediate needs of an emergency
condition i.e. fire, flood, or earthquake) which threatens life or property.
B. Employees who are considered temporary or seasonal.
C. Other non-career employees who are not specifically mentioned in Section +36
1.10.1 ofthese Personnel Policies.
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ing -> 17g D. Probationary Employees.
1.15 VALIDITY OF Policies SEVERABILITY): If any section, subsection, sentence, clause,
phrase or portion of these Policies is for any reason held to be invalid or unconstitutional by the final
decision of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of these Policies. The City Council of La Quinta hereby declares that it would
have adopted these Policies and each section, subsection, sentence, clause, phrase, or portion thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions may be declared invalid or unconstitutional.
1.20 VIOLATION OF Policies: Violation of these Policies may be grounds of discharge or other
disciplinary action, subject to the applicable appeals procedure provided herein.
1.25 DEFINITION OF TERMS: All words and terms used in these Policies and in any ordinance or
any resolution dealing with Personnel Policies and Regulations shall be defined as they are normally
and generally defined in the field of personnel administration. For the purpose of convenience, the
following words and terms most commonly used are defined.
1.25.1 Salaiy A Dpt?. Tl1? alai? airniv??piy dat? 1pll U? tvvdv? 12)
111t,11tl1? aft?i tl1? dat? at tl1? f tl1? piubat;uuaiy aud alulually
LlI?l?pft?l.
1.25.1 Appointing Authority: The Employee Relations Officer or designee who, in his or her
official capacity, has the final authority to appoint a person to a position of employment.
1.25.2 Appointment: The designation of a person to fill a position of employment.
1.25.3 At-Will Employee: A temporary, probationary or contract employee who has a written
contract specifying the duties and terms of employment without a definite ending date. At-will
employees are not governed by the terms and conditions of Sections g-12 of these Policies, unless
specifically provided herein.
1.25.4 Call Back: When an employee is off-duty and is called back to work.
1.25.5 City: The City of La Quinta.
1.25.6 City Manager: The City's Chief Executive Officer.
1.25.7 Classification: A grouping ofjob positions with the same or similar title, salary range, and
benefit package.
1.25.8 Classification Plan: A listing of job duties and responsibilities of City positions, as
recommended by the Employee Relations Officer and adopted by the City Council.
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ing -> 17g1.25.9 Compensatory Time: Time accrued at time and a half or taken off from work with pay, in
lieu of paid overtime compensation.
1.25.10 Competitive Service: The employment system whereby City Employees are hired and
promoted through a competitive process based upon objective standards of merit to assure fair
consideration all aspects of employment/promotion.
1.25.11 Confidential Employee: An employee performing the duties of a position which is
designated as confidential by the City Council or designee.
1.25.12 Contractual Employee: An employee hired and paid pursuant to the terms and conditions
of a specified written contract between such employee and the City.
1.25.13 Days: Calendar days unless otherwise stated.
1.25.14 Demotion: The voluntary or involuntary transfer of an employee from one classification
to another classification with a lower salary grade or to a lower step in a classification grade or
hierarchy of positions.
1.25.15 Department Director: One who flinctions directly under the authority of the
Offi?? City Manager, has direct responsibility for a particular department, and manages
its staff, policies and budget.
1.25.16 Disciplinary Action: The discharge, demotion, reduction of pay, suspension, placing on
probation, or the issuance of a written reprimand or formal warning or any other action for punitive,
corrective or disciplinary reasons.
1.25.17 Disciplinary Suspension: A disciplinary action that temporarily relieves an employee from
duty without pay.
1.25.18 Dismissal: The discharge of an employee from City employment.
1.25.19 Eligibility List: A list of all persons eligible for appointment to a particular classification
after final testing/interviews as determined by the Employee Relations Officer.
1.25.20 Emergency Appointment: An appointment made to meet immediate requirements of an
emergency condition, such as fire, flood or earthquake, which threatens life or property, where such
employment is not anticipated to endure beyond the duration of such an emergency period.
1.25.21 Employee: An elected or appointed person occupying a position in the City employment,
including City Council Members, providing personal services to the City or its residents. This
excludes independent and outside contractors, commissioners, members of advisory boards, and
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ing -> 17gvolunteers.
1.25.22 Employee Assistance Program: EAP) A confidential assessment and referral service
designed to assist employees in resolving personal problems.
1.25.23 Employee Relations Officer: City Manager, or any individual design4;ed by the
City Manager, to administer the City's personnel system which includes the duties of equal
employment opportunity officer.
1.25.24 Executive Management: Department Directors and those who quali? for executive
exemption under FLSA.
1.25.25 Fair Labor Standards Act FLSA): The Federal Law which guarantees employees certain
minimum wages and time and one-half overtime standards.
25.26 Fiscal Year: A twelve 12) month period from July to June 30 in which the City plans,
budgets, appropriates, and expends its flinds.
1.25.27 Full-time Employee: An employee who is regularly scheduled and expected to work forty
40) hours or more during a workweek.
1.25.28 General Non-Exempt Employee: An employee who is not exempt from the pay and
overtime provisions of FLSA.
1.25.29 Grade: A number assigned to a position title which indicates the salary range for that
position.
1.25.30 Grievance: A job?te1ated complunt by an employee regarding the terms and conditions of
emplo yrnentw hi ch arise out? of a specific fact, sjtu??tion, or transaction, other than discipline, that
results?ih?an alleged jVio lation? rules, regulati?o? or?polici? ad??i??i?tered by
the emploYee's Depart metit Director concerru?ng h?urs, othar terms an? conditions of
empibyment.
1.25.31 He anug Off icer: An outside, independent person qualified to conduct an appeal hearing
on Personnel-related matters, excluding gn?evances.
1.25.32 In-House Competitive Examination: A type of exarnination open only to City employees
meeting the minimum qualifications for a particular classification.
1.25.33 Interim Employee: An employee who is appointed to a regular classification on an acting
or temporary basis pending completion of the recruitment process, issuance of an eligibility list, and
filling the classification.
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ing -> 17g1.25.34 Job Audit: A systematic analysis of the duties performed by an employee to determine
whether the duties are appropriate for the classification.
1.25.35 Leave of Absence Without Pay: A period of time during which an employee may take time
off without receiving compensation or benefits, unless otherwise stated in these Policies.
1.25.36 Merit alary Increase: The increase of an employee's salary within the salary range
established for the classification the employee occupies, resulting from satisfactory job performance,
which is based on performance or merit.
1.25.37 Misconduct: Any act or unsatisfactory conduct or job performance which may be subject
to disciplinary action.
1.25.38 Open Competitive Examination: A type of examination open to all persons meeting the
minimum qualifications for a particular position.
1.25.39 Overtime: The time which an employee is required or permitted to work beyond the
number of ho?irs prescribed for a full-time employee in that classification in excess of forty 40) in
one work week. Overtime compensation, taken as paid time or as compensatory time, shall be
authorized as provided in Section 6.05.
1.25.40 Part-time Employee: The City has two 2) types of part4ime employees: regular part-time
and seasonal or temporary.
A. Re?ular Part-Time Employee: An employee who works a minimum of twenty 20)
and less than forty 40) scheduled hours per week on a permanent basis.
B. Temporary or Seasonal Employee: An employee, other than a contract employee
whose position has specified beginning and ending dates of employment.
1.25.41 Permanent Disability: A medical disability which will indefinitely prevent the employee
from performing the employee's job duties without creating unreasonable endangerment to health
and safety or inefficiency of the employee or others.
1.25.41 Ernjjlu??? Rdat;uu? Offl??i. L111????c R?lat;?1?3 Offi??1 ui aiiy d1?;d?? Uy
R?l?t;?113 pffit,? tu aditttu;3t?1 tl1? C1t, 3 p?i?Oini?l ay3t?t11 11?l?d?3 tl? d?t;?? Ut
q?al ll??lt Upj)UituHlty
1.25.42 Personnel Ordinance: Chapter 2.08.060 of the City's Municipal Code, authorizing the
establishment of a personnel system for the City.
1.25.43 Position: A specific job assigned to ajob classification.
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ing -> 17g 1.25.44 Probationary Employee: An employee who is serving a probationary period for the
position and/or class in which the employee is currently employed. A probationary employee is
subject to dismissal without recourse to any appeal procedures and without a showing of cause. A
probationary employee has no property interest in continuing employment.
1.25.45 Probationary Period: A working test period of twelve 12) months. To be considered an
integral part of the examination process during which an employee is required to demonstrate fitness
for the position to which the employee is appointed by actual performance of the duties of the
position.
1.25.46 Professiona1/Administrative/Management Employee: An employee who qualifies for the
executive Professional/Administrative/Management) exemption under FLSA.
1.25.47 Promotion: The advancement of an employee from one classification to another
classification having a higher salary range.
1.25.48 Reclassification: The reassignment from one classification title or grade to a different
classification title or grade in accordance with a re-evaluation of the minimum qualifications, duties,
and responsibilities of the position in question.
1.25.49 Reduction-In-Force RIF): A layoff in the work force.
1.25.50 Regular Employee: A full or part-time employee hired for an indefinite term into a
allocated position, who has successfiilly completed the employee's probationary period, and has been
retained as provided in these Policies.
1.25.51 Relajive or immediate family member"): Aspouse, child, step-child;; legal; guardian,
parent, gr?n4parent, grande hi d, brother, si?er half-br otIt er, half-sister, aunt, irnele; niece, nephew,
fffst cousin; parent-in-law son-in-law, daughter-in-law, brother-in-law, sister-inAaw, or any other
person or individual related; by blood or marriage.
1.25.52 Resignation: The voluntary separation by an employee from City employment, or
abandonment of the job by employee.
1.25.53 Policies: These Personnel Policies, as they may be amended from time to time.
1.25.54 Salary Plan: An annual listing of the minimum through maximum salary grades of pay for
all defined City classifications, as prepared by the Employee Relations Officer and adopted by the
City Counc?.
1.25.55 Salary Range: The range of pay an employee can earn while employed in a particular
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ing -> 17g!classification.
1.25.56 Seniority: The length of an employee's continuous service with the City.
1.25.57 Skei?? ii?igjiis: Theright of due process including: 1) notice of thepro posed disciplinary
acti on, 2) a c6py of mate fl'?5 on which the proposed action is based, and 3) an oppor?u?ty to
respondorally or in writing to an impartial reviewer prior to disciplinebeing imposed.
1.25.58 Staffing Plan: The classification titles, salary grades and number of allocated positions in
a department or division for a designated fiscal year, as determined by the Employee Relations
Officer and adopted by City Council in the annual budget document.
1.25.59 Stand-By Assignment: Employees occupying a position designated as being scheduled to
be subject to being called back to work.
1.25.60 Standards of Conduct: Those Policies which are intended to govern the actions of City
employees during their course of employment with the City with respect to the employee's conduct
and job performance.
1.25.61 Step: The various increments of a salary range, from minimum to maximum, authorized
for the subject classification.
1.25.62 Supervisor: An employee assigned responsibility for evaluation of permanently assigned
employees and for organizing, assigning and reviewing their work.
1.25.63 Termination: The separation of an employee from City service because of retirement,
resignation, permanent disability, death or dismissal.
1.25.64 Transfer: The change of an employee from one department or division to another
department or division without changing the employee's salary grade and usually within the same
classification.
1.25.65 Weapons: Firearms of any type; Knives with folding blades in excess of 31/2 inches; Sheath
knifes; Any knifes prohibited by State Law; Personal defense chemical weapons a) mace tear gas)
b) oleoresin capsicum epper spray); Any martial arts weapons; Electric stun guns tasers); clubs,
bats or other impact weapon.
1.25.66 Workweek: A regularly reoccurring period of seven 7) consecutive twenty-four 24) hour
days beginning at 12:01 a.m. on Monday and concluding at 12:00 p.m. Midnight) the following
Sunday night. This shall not be construed to constitute a guarantee of hours of work per day or per
work week or of days of work per work week.
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ing -> 17g"1.25.67 Y-ratc of Pay: TheY-rate of pay shall exist when an employee's salary is frozen at the then
current step until such time as the commencing salary at the Y-rate, taken together with subsequent
general salary increases, equals or exceeds the employee's salary at the Y-rate. The employee will
not receive merit increases. However, benefits and salary range will be adjusted annually in
accordance with City's pay and benefit plan. This may occur in situations where an employee is
reclassified, voluntarily demoted, or as otherwise stated in these Policies.
1.30 NO CONTRACT OF EMPLOYMENT CREATED: These Policies do not create any contract
of employment, express or implied, or any rights in the nature of a contract.
1.35 ADMINISTRATION OF THB PERSONNEL SYSTEM: The Employee Relations Officer shall
administer the City personnel system and may delegate any of the powers and duties related thereto
to any other officer or employee of the City or may recommend that such powers and duties be
performed under contract. The Employee Relations Officer shall:
1.35.1 Act as the appointing authority for all City employees except those officers and employees
directly appointed by the City Council.
1.35.2 Administer all of the provisions of these Personnel Policies except as specifically reserved
to the City Council.
1.35.3 Prepare and recomniend to the City Council any appropriate Personnel Policies and revisions
to such Policies.
1.35.4 Prepare or cause to be prepared, and revise as appropriate, a position classification schedule,
including class specifications.
1.35.5 Have the authority to discharge and discipline City employees in accordance with these
Personnel Policies.
1.35.6 Provide for the publishing or posting of notices of examinations for position in the
competitive service; the discretion to waive certain job stated qualifications for good cause when it
is in the best interests of the City; the authority to receive applications therefore; the authority to
conduct and grade examinations; the authority to establish a list of all persons eligible for
appointment to the appropriate position in the competitive service; and the performance of any other
duty which may be desirable or required for the effective implementation of these Policies.
1.40 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER GRATUITIES:
Employees shall not take part in, or affempt in any manner to influence the consideration of any
application, proceeding or other matter involving their own personal property, real estate, investment
or other interest, or that of any relative or close personal acquaintance. In all such situations, the
employee must disclose the nature of the relationship to his or her immediate supervisor and request
12
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ing -> 17g#to be relieved of any responsibility or involvement in such manner.
Employees shall not directly or indirectly solicit any gift or receive any gift whether in the form of
money, services, loan, travel, entertainment, hospitality, promise, or any other form under
circumstances which it could reasonably be inferred the gift was intended to influence then or could
be expected to influence them in the performance of their official duties, or was intended as a reward
for any official action on their part.
Gifts that will be shared with office staff, such as boxes of candy, flowers and food, mav be viewed
as exceptions provided they are of minimal value and do not exceed limits imposed by law for gifts
to public employees. All financial disclosure laws and regulations must be complied with.
If an employee receives any gift as specified above, they shall be rejected firmly but as tactfully as
possible so the good intentions of the giver are properly acknowledged.
1.45 OUTSIDE EMPLOYMENT: An employee shall not engage in any employment, enterprise,
or outside activity which is in conflict with his duties, functions, responsibilities, or the department
by which he or she is employed, nor shall the employee engage in any compensatory outside activity
which will directly, or indirectly, contribute to the lessening of his or her effectiveness as an
employee.
Authorization
a. Any employee wishing to engage in an occupation or outside activity for compensation shall
inform the Department Director of such desire, providing information as to the time required
and the nature of such activity, and such other information as may be required; and the
Department Director shall determine whether or not such activity is compatible with the
employee's City employment.
b. If the Department Director determines such activity is compatible, he or she may authorize
the activity in writing using the Outside Employment Form" and shall send a copy to the
Employee Relations Officer or designee.
c. Said authorization shall be valid only for the work and period prescribed therein.
Determination of Inconsistent Activities
In making a determination as to the consistency or inconsistency of outside activities, the Department
Director shall consider, among other pertinent factors whether the activity:
a. Involves the use for private gain or advantage of City time, facilities, equipment, and
supplies, or the badge, uniform, prestige, or influence of one's City office or employment;
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ing -> 17g$b. Involves receipt or acceptance by an employee of any money or other consideration from
anyone other than the City for the performance of an act which the employee, if not
performing such act, would be required or expected to render in the regular course of his or
her City employment or as pai\ of his or her duties as a City employee;
c. Involves the performance of an act in other than his or her capacity as a City employee,
which act may later be subject directly or indirectly to the control, inspection, review, audit,
or enforcement by such employee or the department by which he or she is employed.
d. Involves conditions or factors which would probably, directly or indirectly lessen the
efficiency of the employee in his or her regular City employment or conditions in which there
is a substantial danger of injury or illness to the employee.
Use of City Equipment Prohibited
a. No City-owned equipment, autos, tmcks, instruments, tools, supplies, machines, or any other
item which is the property of the City shall be used by an employee while said employee is
engaged in any outside employment or activity for compensation, or otherwise, except upon
prior written approval of the Employee Relations Officer.
b. No employee shall allow any unauthorized person to rent, borrow, or use any of the items
mentioned in a) above, except upon prior written approval of the Employee Relations
Officer.
Violations and Penalties
a. Any violation of the provisions herein contained respecting outside employment or activity
and use of City property shall constitute sufficient grounds for disciplinary action, up to and
including dismissal.
1.50 POLITICAL ACTIVITIES.. No employee shall engage in political activity during working
hours excluding break tixfle) or on City premises where u ch a et iv ity WQuld distuptthe w6rkplace.
No employee shall engage in any type of activity relating to an employee organization during such
time an employee is on duty, except as expressly permitted by the E111Fluy?? R?lM;?11? Offi?? City
Manager, Federal or State law, Memorandum of Understanding, or City Council directive.
1.55 SAFETY AND HEALTH: Each employee shall comply with all applicable safety laws,
Policies, and regulations. All employees shall follow safety practices, use personal protective
equipment as required and pr 0 vid ed bY the> City, render every possible aid to safe operations, and
report t? tl?? to the supervisor, department director or safety edi?i?nittee all unsafe
conditions or practices.
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ing -> 17g%Employees with questions about safety methods or practices, should check with their supervisor.
1.60 SEATBELT POLICY: Employees must wear seat belts at all times when in a City vehicle or
in their personal vehicle on City business.
1.65 DRUG AND ALCOHOL FREE WORKPLACE: It is the intent of the City of La Quinta to
maintain a workplace that is free of drugs and alcohol and to discourage drug and alcohol abuse by
its employees. The City has a vital interest in maintaining safe and efficient working conditions for
its employees. Substance abuse is incompatible with health, safety, efficiency and service to the
public. Employees who are under the influence of a drug or alcohol on the job compromise the
City's interests, endanger their own health and safety and the health and safety of others, and can
cause a number of other work-related problems, including absenteeism and tardiness, substandard
job performance, increased workloads for co-workers, behavior that disrupts other employees, delays
in the completion ofjobs, and disruption of service to the public.
While on paid duty time or on City property, including in City vehicles or while operating City
equipment, employees shall not consume or possess alcoholic beverages or consume or possess
controlled substances. Employees shall not work or be at work while under the influence of any
controlled substance as defined herein), without written authorization from a qualified physician
and the employee's Supervisor.
The unlawful manufacture, distribution, dispensing, possession, or consumption of any controlled
substance is prohibited on the job, in the City's workplace, or while subject to duty i.e. standby).
For the purposes of this Section, the following shall be defined as..
A. Abuse of any legal drug" means the use of any legal drug, including prescription drugs, a)
for any purpose other than the purpose for which it was prescribed or manufactured; or b)
in a quantity, frequency or manner that is contrary to the instructions or reconimendations
of the prescribing physician or manufacturer.
B. Controlled substance" denotes any substance which could potentially impair the employee's
ability to effectively and safely perform the functions of his/her duties, including, but not
limited to: alcohol, coca leaves, cocaine, marijuana, opium and opiates, amphetamines,
methamphetamine, lysergic acid L.S.D.), etc. As tl;11? outlined below, certain
prescription drugs and medications shall also be classified as controlled substances.
C. Conviction" is a finding of guilt including a plea of no contest), an imposition of sentence,
or both, by any judicial body charged with the responsibility to determine violations of the
Federal or State criminal drug statutes.
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ing -> 17g&D. Reasonable suspicion" includes a suspicion that is based on specific personal observations
such as an employee's manner, disposition, muscular movement, appearance, behavior,
speech or breath odor; information obtained from a reliable person with personal knowledge;
an accident involving City property, where it appears the employee's conduct is at fault;
physical altercation, verbal altercation, or unusual behavior.
Reasonable suspicion may also be based on an employee's possession of drugs, alcohol or
paraphernalia in the work place or on City property.
The use of prescription drugs which would not alter an employee's work performance is acceptable,
if prescribed in writing, by a qualified physician. Fmployees must noti? their Supervisor before
beginning work when taking drugs prescription or non-prescription) which may interfere with the
safe and effective performance of their duties. Tn the event there is a question regarding an
employee's ability to perform assigned duties safely and effectively while using such drugs, a written
clearance from a qualified physician shall be required before the employee is allowed to resume the
employee's regular duties.
Toward reaching this goal of a drug and alcohol free workplace, the City may conduct pre-
employment drug or alcohol testing of applicants for City positions that require more than incidental
driving or performance of other safety sensitive functions as part of their regular duties, as defined
in the approved job descriptions. Pre-employment drug or alcohol tests shall apply only to non-City
employees; City employees who apply for another City position shall not be subject to pre-
employment drug or alcohol tests. Any applicant who tests positive, as outlined in the Drug Free
Workplace Administrative Policies, Section 5, shall be disqualified from consideration for
employment for a period of six 6) months.
The City also reserves the right to require that an existing employee undergo testing if the City
determines that reasonable suspicion exists to believe that the employee is under the influence of any
illegal drug or controlled substance, as defined in this Section. Reasonable suspicion shall, whenever
possible, be evaluated based on personal observations by the Department Director or a Supervisor
who is familiar with the employee's normal behavior. Information which is obtained from a reliable
person with personal knowledge of the employee may also be utilized in appropriate circumstances.
Tn the event that an employee suspects that the employee's supervisor is under the influence of drugs
or alcohol, the employee may submit a written or oral complaint which contains detailed information
regarding the allegation of alcohol or substance abuse to the supervisor's superior.
Employees who 1) refuse to submit to a drug or alcohol test immediately when requested by
authorized City or law enforcement personnel; 2) refuse to submit to a search of personal properties
if requested by law enforcement personnel; or 3) are convicted" of a criminal drug statue"
violation, shall be subject to the disciplinary procedures which are outlined in these Policies.
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ing -> 17g'All City lockers, desks, cabinets, vehicles, computer files, and computer diskettes are the property
of the City and are subject to search without the employee's consent by City management at any time
with or without notice. Reflisal to cooperate with a search may result in a disciplinary action, up to
and including termination. Unless the Supervisors are directed otherwise by the Employee Relations
Officer, employees will be given the opportunity to be present when the search is conducted.
If an employee voluntarily wishes to participate in a drug or alcohol rehabilitation program, and has
not been found to have violated the City's Policies concerning drugs or alcohol, the City shall make
every reasonable effort to assist in placing an employee with an available employee assistance
program or service for purposes of rehabilitation, in-lieu of disciplinary action or criminal
prosecution. If; in such cases, the employee reflises to attend and complete an employee assistance
program or service, the employee will be subject to the disciplinary procedures which are outlined
in these Policies.
1.70 DRUG AND ALCOHOL FREE WORKPLACE PROHIBITED CONDUCT:
In addition to prohibited acts already provided for, the following acts are prohibited and subject an
employee to discipline in accordance with these Policies and procedures
a) The use or possession of alcohol or impairing drugs, including illegal drugs and drugs
without a prescription during working hours or while subject to duty, on breaks, during meal
periods or at any time while on City property;
b) Reporting to work or being subject to duty while his or her ability to perform job duties is
impaired due to on- or off-duty alcohol or drug use; or
c) Directly or through a third party sell or provide drugs or alcohol to any person, including any
employee, while either or both employees are subject to being called to duty.
75 DEPARTMENT OF TRANSPORTATION ALCOHOL ANT) DRU? ABUSE:
1.75.1 Piltpose This policy establishes guidelines in compha:nee with the Federal Omiiibus
Transportatio? Employee Testing Act of 1991 Omnibus Act), the Dep?tment of Tr?portation
Fedet?? Highway Administi??tion IiWA) R?gulations of 1994 49 parts 40 d; 382 et
and Sectidn 34520(4 of?e California V?hicle Code. Etch of tbe?e in?asuresrequiresjthat tegular
drug and alcohol testing be perfo?ed on employees in safety-sens?ve positions who operate
specified commercial vehicles
The City ofL?Quinta's objectives in establishing policy are to:
A. protect the safety 0 fIt epublic atlarge;
B ensurethe hghest quality 0 pubik ervice possihie;
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ing -> 17g( C provide a safe working environinent for City employees;
D. promote ef?eiency and prQdu?vity;?and
E. encourage empIoyees?lio are coneeru?d a?out their drugand/or alcohol use to vol?tari1y
seek assistance.
1.75.2 Policv
A. Covered EmpIoyee? Effb?ve Jant??y I I 9%? the r)epartt:ient of Transportation drug and
alcohol testing rules apply to City empl?yees who oper?te the toflowing.
1. a vehicle with gross combiimtion w?ight of at least 6,()0l pounds, inclusive of a towed unit
with a gross vehicle weigbt rating +YWR) of m?re thair 1O,O?? pounds;
2. a vehicle Qf over 2?OOl GVWR;
3. a vehicle placarded der Department of Transportttion haza?dous material regulations; and
Department ofTransportationliaard?us materialregi?Iatlons; and
4. a vehicle designe4 t6 transport 16 6r>inore passengers? including the driver.
B. Safety-Sensitive Functions: On-duty" time for safety-sensitive ctions comm?? at e
time covered eniployees begin to work or are required to be in readiness ibr work until the time they
are relieved of work responsibilities. On-duty" time includes the following safety-sensitive
functions:
1. driving the vebicle;
2. performing maiThtenance on the vehi?le;
3. inspecting th? vehicle;
4 loading or unloadin?the vehicle;
5 supervising or assi? sting t?ie loading or unloading ofa vehicle; and
6 waiting to load or unload the vehicle br to be dispatched?
C Prohibited Acts: Covered employees shall not engage in any ofthe fol?wing hehavi?6?s while
performing or waiting to perform asafety- sensitive function:
I Dru?s
a report to duty or remain on duty in a safety-sensiti?ve capacity when using any drug;
b. possess wbile on duty;
c. consume atany time; and
d. test positive.
Note. Prescription drugs inay be allowed, as needed, pursuant to advance notification to the
ppropil?c?? supervi??r, along with the doctor's ree(??endation tegardiug inst?uctlo? and
possible side effects; as they relate to the employee's job duties.
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ing -> 17g) 2.
a. report ft)r duty?or remain on duty in a safety?sensitive capacity w??le having a?blo6d
alcohol levelof O.(2 or gr?tet;
b. use or possess cohol whileperfor?ing safety-sensftive?fimctions;
C perform fiuictjons wi?th??tr houi?s afier sing alcohol; and
d use alcohol for eight?ours?fter anaccil?n: or utitil test d, hichever oceuts?first.
3 Drugand Alcohol
a. reflise to subrnit to drug and/or alcohol testing as requked by the Omrnbris Act; is
deemed asa positive4?st,
b. report to daty:or remain on duty to perform a safety?ensiti?e fluiction after ref?ing
to submit todrug andlor alcohoke sting elqired ander the regu?tions; arid
C. fail to advise the immediate supervisor wheii other empioyeesha'e?tu4 kno3wledge
that an em p?oyee isin violation of thesertles.
D Drug Testing: Pu??uant to FHWA regulations, urine speciniens shall be screened fot the
following substances:
1. AmphetaninesIMethamphetaini?nes i;e., Spee? and Crystal);
2. Cocaine;
3. Opiates i.e., Codeine, Heroin, and Morphine);
4. Phencyclidine PC;P); and
5. THC Marijuana)
The testing is a two stage process. if the initial screening is positive f?r one or more of the above
drugs, then a confirmation test is performed for each ilenti?ed g using state?of-tlte-art gas
chromatQgraphy?mass spectrometry GC/M?) analysis: GC?S ensures that ove?the-counter
medicati6ns are not reported as positive tests.
Alcohol Testin?: The regulations r?uire an evidential breath testingdevlce BT) approved
by the National H igliway Tr?ffic Safety Admi?iistrationNTSA) for the testing of alcohol'use. An
alcohol te sting form iscompleted by the emp?yee anda certified eath alcoholtechnician BAT)
to ensure the results are properly recorded? Two breat? tests are requfred to deterrnine if ihe
empl6yee has a3prohihitel ate ohol concenttaticn. A screening test is condricted first. Any result less
than 0.02 alcohol concertiation is considered negative test, and no fi??ier testing is required.
If the alcohol concentratioxii$ 0?O2 or greater, a second or confirmation test shall be tondticted.
When a confiitn at ion te stis i?eqw.red, the T equipment? shall print the screening and contirmation
test numbers in sequential order The device shall also print the result, date, and time of both test?,
along with the name and serial number of the E?T equip?ent in o?der toensurethe eliability of the
results. Any a c?tiOn taken wi??ll be based ontheconfirmation test result.
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ing -> 17g*F Types of Tests R?guired: The fotlowing tests are requ??red for co e reel employees who
perform safety sensitive fi?ct ions:
Preei?ployment Testin?
Prior4o hire or ag?ignntr?? to a position covere:l??by this policy, the applicant or employee
shall undergo testing?fbr drugs Failur? topass the test shall be deemed a basis upon whieh
employment or a?signment to a saf? sensitive position shall be denied.
Regulations require regular random testing of all mployees covered by this policy The
ongoing testing will be conducted on an w'?inu(??i?d basis before, during, or immediately
after the perform&?e of safety-sensitive fi?ctio?s Employees will have an equal chance
of being selected All el?gible employees' wn?s will be placed in a poq? horn ieh i?a?es
are drawn on a On?? mplcyee's iame is pulled f? ing?
his or heY name w?lt be returned to the?ol. There?re, it is easible fbr the same e?ployec
to be tested repeatedly while participating in a frile random testing process.
The selection Of employees fbr random drug and alcohol testing will be made by a
scientifically yalid n?etho4
The regulations specifically require that rand6? testing be performed as follows:
a. Drugs Fifty percent 5 %yof the total ijumber of covered employees shall be tested
annually.
b. Alcohol H Twenty-five 25%) p?rcent of the total number of covered em?lpYees shall
be tested annually.
The City shall rcqtire a covered employee to be tested upon reascnablesuspieion3for the use
ofdrugs or alcohol. Reasonable suspi?ion orcausemeans that a?ined supervisor believes
that the actions, appeaance, speech, body odo?, or conduct of ati on-duty employee is
indicative of the use?of drags?or 4coliol. Reason??1e su?picion inay be conducted before,
during, or after ati employee perfohns safety-8eltsitive flinctions.
The determination that a reasonable suspicion exists to require an employee to undergo a
drug or alc6hol test must be based on speciric? 9bjective, an4 contemporaneous facts
concerning the behavior, appearance, sp?ech, o? body odors of the employee: The
deter:mination must also be ba?ed on the supervisor's direct observations of the behavior(s)
aiid not on hearsay The supervis?r(s) wi?tnessing the impairment must document the specific
observations upon whi cli the reasonable suspicion is based.
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ing -> 17g+ Where there is a reasonable siispicion tha? the employee is imder the influence of drugs or
alcohol, the supei?visor shall??ange?r the mployee to be t??rte?tojthe testing facility
and then driven borne. Theemployee shall not be pen??tted to tr?flspor? him or herself
4 Post?Accidert
For pu?poses of this policy, an accid?nt" is definedas an ineideot involving a commercial
vehicle in which one or more of?e lolloyvm?g?eurs: loss?htan?life; bodily injury to
persons; disabling damage to any of the vehicles in??olved; or issuance df a traffic citation
to the City employee fo1lov?ing m?y type of vehicle collision.
The following criteria apply when conducting drug and alcohol tests due to an accident:
a. A breath alc6hol test ntist be?adm?ni ste red as soon as pos?iMe. If iiot within two
hours folio wing the accid??the empl?erJ?super?sormust prepare and mai?tajii
records stat i?ig why testing was notcoinplet?d, At that time, every effort should be
made to ensure that a breath alcohol test i? performed within eight hours fo?owing
the accident If testi?ng has??iot occurr?? within eight hours, attempts to test should
be discontinued and the employer/supervisor must record why he was unable to
administer the required test.
b. A drug screeni;?ng test must be initiatedprior the 32nd hour fbllowing an accident.
If the test j5L not administered as required, the empfoyerlsupervisor must document
the reasons testing was not performed.
C. The employee must remain readily avail ahie for testing or he or she will be deemed
to have refi?sed the test see Reflisal to C9nsent). This rule does not require t?e delay
of necess&Y.medical atention r ii?jur??petsonsfollowing?the acc?dentnor pro hibit
the employee from leaving the scene to 6btain assistance or necessary emergency
medical care.
d. An employee subject to post-accident testing may not use alcoho? Within e ight hours
lowing theaccident or before an?cohol test, whichever comes fi?st.
e. Testing will not be conducted on any deceased employee.
5 leeturn?to-Dutv
Testing shall be condjicted on any covered employee who has violated the prohibited dnig
and aleoh? standa?4s$and is accepted into a return4o-duty tatus. Prior to resuming his or
her safety-sensitive fimctiops, the employee rnust undergo a new drug and/or aleehol test.
The test results must be negative for the employee to return to work. If applicable; the
employee shall be ref erred to a Substance Abuse Professional for flirther assessment.
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ing -> 17g, 6. EOlIow-up
Ar?y covered empidyee identified by the Substai?ceAbwe Professi?'nal as needing assistance
wilt be subject to fbll??w-up testing pon re?uniing to? duty A miiiirnum of?ix unar?ouneed
tests will be performed over the following twelve month period. oIlow-up tesnng ulay be
extended for up to6? months followu?g r?rn4o-duty. The samecrite? used for the retuni-
to?duty testing ill be used for any follow-up testing. Such testing shall not be sui?ject to the
random testing sel?tiou pre?ed??res Moreover, foliow?up testit??may include te? fbr other
subst??nces beyohd the em ployee'& initial?positive test of?g &??or alcohol i?se w?n the
substance Abuse Professio?i4 has teas; to beh?e that additional testing is w?anted. If
follow?up testing is requi?d, the pl?ee assum?ftiU respo?jbility f? paying the follow-
up testing expenses.
0. Employee Consent: Before a drug or alcohol test is administered, the covered employee
wiUbeasl:ed to sign a Consent form authornnng thetest and permitting release of the test resul??
the appropriate City representative. The cotsent form shall iprovide a p?ice to acknowledge that the
emploYee be mg tested has been advised o?the drug and alcohol testing pohcy.
H. Re flisal to Consent: An employee that reflises to submit to drug or alcohol testing required
by the City sh?dj1:be prohib?ted from perforining or contiu?g to perfonn safety-sensitive flinctions.
An employee's reflisal to submit to drugor alcohol testing required by the City for any reason may
als6 result in disciplinary action, up to and including termination. Reflisal to consent shall include,
biit islhotilitflited to:
1 failure to provid? a4 equate breath for alcohol testing, without valid medical explanation,
after being notified ofthe requiremeu?Tor?breath testing;
2. fi?ilure to provide an adequ??te?ine sample for testing, without a genuine inability provide
a specimen as detenun;?ed by medicalevaluation), after being notified ofthe requirement for
urine testing; and
3. engaging in conduc:t that clearly obstructs the testing process.
I. Consequences:ofposjtiye Test Results: If drug and/or alcohol test results are positive, the
employee may be disciplined, up?to nd in?luding termination. If the employee is not terminated,
the employee's supervis6r or other autbo4?ed manager shall:
1. Immediately remove any employeetwho has engaged in probibiteddriig or alcohol use from
his or her safety-sensitive fiin>?etions.
2. If the alcoholconcentration level is greaterthan 0.02, but less than 4; the employee imay
riot retrrn to his orhe: safety-s ens itive filflctionforami?mumof?4 hours and m?til?nother
breath alcohol tesL is administered, d the result is less than a O?2 concentration.
O()Oo4??
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ing -> 17g-3. If the alcohol cone?tration level isgreateryhan0?O4 oru?g sereeni??g test is posi?tive for
any of the prohibit? controUe? i??t?nces, th? eniployce will??re?oVed from bis or her
safety-sensitive position until:
a. he or she ur?dergoes valuation and, where n?cessary, reb8bilitation;
b. a Substatee Abu? Ptofessio?al determines that the e??ployee has suecessfi?ly
complied with any r??iire? hahilit?tioai?nd
C. the emp?yee undergoes a with a result of a blood alcohol
concentratjon of1esstiia?i?()?OZif the mployee imtialiy?tested positive br alcohol,
and/or with anegative test r'?ult fbr controlled substances if the employee initially
tested positive for c?ntrolIed sub?tances.
Any treatr:ent orrehabilitation may be pro vid?in?corda:ce wii? City policy. The
City is noi required' wder the''se ci?cui??iOOees?to pro?id'e xe'h?ilitati?? pay for
treatment, or to remstate the employee to safety-se'nsitlve?positioxis
4. If the employee is permittedlo; returh to worl:, he or she rrust have anegative test result On
the ret?n?to?duty'test?
5. Perform unannounced f?liow?p testing on any employee returned to his or her safety-
sensitive duties.
6 Make ar?gernent$ for alternative spo?tation when test results; are positive for drugs or
an aico'holc'o'ncen't?a?"ion of 0.02 or greater.
Substance Abuse Professional: The City will only provide an assessment by a Substance
Abuse Professional Under this policy, tile City has n? obligation to provide or pay for fiir?er
treatment, as this is the responsibility of the ein?loyee Some financial assisi?inee may be available
under the City's health insutance phul.
K. TestingRecords: Records shall be maintained on test results, prevention programs, policies?
training, d?ug use and alcohol misuse, reflisalsito' submi?to' testii?g, ernpi?yee valuations, and w'nual
summary of the City tesillig" program'. The retention period' for the records is as follows:
1, Five Year Retention Period
Thispertu,?nstothe' results of alcoho?ests of 0?02 6r higher, confirmed positive drug tests,
documentation ofan;;y employee Whob??s ref?ise?to ixnit to a' required drug or alcohol tes?
employee assessme;n? and referrsls?by the Sub?ce Abuse l'rofessionals,?an:l each calendar
year surnrnary.
2. Two Year Retentidn Period
This pertainsto reco"'?ds do?urnerting the collection proces? for the diug and alcoholtest? an''d
training of supervisors.
000045
23
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ing -> 17g. 3
This pertams to any alcohol?test?results whieh ate less than O?O2 and e documentation of any
negative or canceled drug test.
All records are confidential? how?ver, the regulatibns i?e?iuire that they be made available f9r
inspection at the City ofb?Qwntawithiii twG bus iness;d??ys fo1low??ngar?uestby authorrze?d
person The records are kept ill a separ?te file and will liOt be made apart of the empjoyee' S
personnel file. An exception to this is discipli? ction rcsults f?)m t1?e incident. When
there is disciplinary disci?plinaty notices an? related documents will?be placed in the
employee?s personnel file.
The result of any testing done pursuant to? this policy shall be used for employment purposes only
and shall not be released for use in the criminal justicesystem? unless co??lled by court order.
L. Access to Records: The following ageEies.shall have access to all test results without the
verbal or writt?ncorisentofcovered employees:
1. the City ofLa Quint? in proceedings initiated either by the City or theern plo; Yee as a result
of testing;
2. the Departi?ient of Iransportatiori or any state or local official with regulatory authority over
the City orany o?f?vi? employees; and
3. the National Transportation Safety Board when conducting an investigation of an accident
where drug an dior: a;l?ohol testing was pe?ormed;
M. Training: As part of the emphasis on education and safety? Qn:nibus Act requires
providing educational materials and two hours of training of supervi?rs and one hour of trai?g for
employees before testing can begin. The required topics inelude the foflowing:
1 General Requlienients
Covers the general requirements of the Omnibus Act and the City's r;esponsibi?lities; to
comply with those requirements.
2 KeyPerson
Designates a key person at the City to ansWer employee questions iegularly.
3 Drivers Covered
Identifies categories of emplo?ees who are subject to the r?gulations.:
4 On?duty Time
Descnbes the period oftimeernployees are to be in compliance.
C)
24
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ing -> 17g/5 Spfety?Sensitive Fimetions
Identifies what job t?ks e considered tobe safety-sensitive.
6
Specifies informabon about prohlbited employee conduct.
7. Occasions forTestin? and Types of Te sting
Lists circurnst?ces under whibli empl?yees will be tested for drugs and/or alcohol.
8. Procedures for Testing
covers procedures that will be used to test for The?esence of alcohol or drugs and to protect
the privacy of employees, the integrity of the testing process, and the validity of the test
results. Testing shall be conducted 9rly by labo?tories that are Depatnient of Health and
Human Services c?rtified and comply with all Ia boratoty analysis procedures ud quality
control measures set toith in 49 C.R. part 40.
9. Refii?? to Be Tested
Explains what cons; titutesia iefusal;to test.
lo. Blood Meohol concentration
Depicis the var io?s readings for alcoli61coji;centra;tion greater than 0.02
II. Effects of Diu?s and'or Alcohol Use.
Describes the specific observa?ons concerning t;?e?appearance, behavior, speech, or body
6dors of the eniployees
12. Penalties and Re?rral
Lists the various cQIIS?uences for employee found to have tested positive for prohibited
drugs o? within the prohib ited blood alcohol level?
N. Effective Date and Notice The Personnel Policies, including this section, shall
be effective ugust 11, 1997. Covered employees wifl receive a copy of the policy prior to its
effective date. Employees who are hired after the effective date sh?l be given a copy at the time they
commence employment withthe Qty.
0. Compliance wi?th Federal Law? At all times, the City will comply with the current applicable
federal law concerni?ng d?i?g and alcoh6l testing. Issues or inconsistencies that are not addressed in
this policy will; be determined by ref?rring to the l?w and o?ial regulations outlining p?licies and
procedures, etc. relative to the law and off?cial regulationso?xtlitnng p?lici?es and procedures, etc?
P. Employer Contact: The Employee Relations Officerhas beendesigna ted to answerem plo; yee
questions about this policy.
25
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ing -> 17g01.80 EOUAL EMPLOYMENT POLICY AND SEXUAL HARASSMENT: The City is an equal
opportunity employer. Personnel actions will comply with all applicable laws prohibiting
discrimination in employment, based on race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, sex, pregnancy or age. Any technique or
procedure used in recruitment and selection of employees shall be designed to measure only the job
related qualifications of applicants. No recruitment or selection technique shall be used which, in
the opinion of the City, is not justifiably linked to successful job performance.
Policy Against Harassment: The City strictly prohibits harassment of employees in the workplace
based on race, color, national origin, ancestry, religion, sex, sexual orientation, marital status, age,
physical handicap, or medical condition. Harassment includes all forms of offensive or unwelcome
physical or verbal conduct that interferes with an employee's work or creates an offensive or hostile
working environment.
Sexual Harassment: Sexual harassment of all types is specifically prohibited. Sexual harassment
of employees in the workplace is illegal, unacceptable, and will NOT be tolerated.
Under state and federal law, sexual harassment is defined as unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct of a sexual nature. It is illegal whenever a)
submission to such conduct is made a condition of employment, either expressly or implied, b)
submission to or rejection of such conduct by an individual is used as the basis for employment
decisions affecting that individual, or c) such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating, hostile, or offensive
working environment.
Examples of sexual harassment include unwelcome sexual propositions or marriage proposals;
unwelcome hugging, kissing, or other offensive physical contact of a sexual nature; lewd gestures,
remarks, or innuendos; unwelcome discussions of sexual practices or anatomy; and sexually
offensive posters, photographs, drawings, cartoons, jokes, stories, nicknames, or comments about
appearance.
This policy applies to all Supervisors of the City, as well as to co-employees, elected and appointed
officials, commissioners, customers, and other persons at the workplace whom the City knows or
has reason to know are violating this policy. All City personnel are expected to avoid any conduct
that could be construed as harassment by any employee. Appropriate corrective action will be taken
against all offenders, including discipline or discharge of Supervisors or employees who violate this
policy.
Any employee who believes he or she has been unlawfiilly harassed should bring the matter to the
attention of the employees' supervisor immediately, and provide a full and accurate report of the
underlying facts. Where the employee's supervisor is the alleged harasser, the employee should
bring the matter to the attention of the supervisor's superior. Employees are urged to report to the
employee's supervisor, but this is not required if the employee feels uncomfortable in doing so, or
26
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ing -> 17g1if the employee believes the supervisor is the harasser. In all cases, employees are free to report such
problems directly to the Employee Relations Officer. Upon notification of a harassment complaint,
the D11??t?1 Employment; Re la ti; 0 ns;; Offijv?r, or other person acting in that capacity, shall
promptly conduct an investigation of the complaint and supervise and/or investigate the complaint.
The investigation will generally include interviews with 1) the complainant; 2) the accused
harasser; and 3) any other person the D?p?t?c1A D;?c?t?1 Em pidyrn:entRejatiQns Offi C er, or person
acting in that capacity, has reason to believe has relevant knowledge concerning the complaint. This
may include victims of similar conduct.
All such reports will be kept confidential to the greatest extent possible, but some disclosure will be
necessary to conduct a proper investigation. Tn each case, the employee reporting the problem will
receive a written reply, from the En?p1o?rnent Relations officer, or
other person acting in that capacity, on the results of the investigation and the action taken, if any.
Any employee who is not satisfied with the reply may appeal to the EiIIFl\)y Rdgt;?i? Offi?? City:
Manager and will receive a reply in writing.
No employee shall be subject to any form of retaliation for reporting any violation, or participating
in any investigation under this policy provided that they have done so truthfiilly and in good faith.
Employees who believe they have been retaliated against in violation of this policy may utilize the
grievance procedure described below.
This policy also applies to unlawfiil harassment based on any of the other illegal criteria set forth in
the City's Equal Employment Policy, including race, color, religion, national origin, age, sex, sexual
orientation, disability, marital status, or physical or mental condition.
The California Fair Employment and Housing Act, FEHA) California Govt. Code Sections 12940
et seq.) prohibits unlawflil sexual harassment, as well as other forms of discrimination based on race,
color, national origin, religious creed, age, disability, marital status, and medical condition.
Employees may file complaints about sexual harassment or other illegal employment discrimination
with the California Fair Employment and Housing Commission 1390 Market Street, Suite 410, San
Francisco, CA 94102; Telephone: 415-557 2325) or with the California Department of Fair
Employment and Housing 1t? Aug Offi 28 C C?1t? PlaLa, R??111 538, S?ltp Aug, CA
92701, T?l?Fl1?1i?. 714-558-4159 5?: Bernardino Office? 18458:. B U sine ssCenter:Drive,#T:27; San
Bernardin?o, CA 924o8?34:26;
The Department of Fair Employment and Housing DFEH) is authorized to accept and investigate
complaints of employment discrimination, and to mediate settlements. The Fair Bmployment and
Housing Commission FEHC) has authority to issue accusations against employers, conduct formal
hearings, and award reinstatement, back pay, damages, and other affirmative relief. The Fair
Employment and Housing Act prohibits retaliation against employees because they have filed a
complaint with the DFEH or FEHC, participated in an investigation, proceeding, or hearing with
either agency, or opposed by practice made unlawfiil by the FEHA.
27
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ing -> 17g2The City will NOT tolerate any unlawfiil harassment or discrimination in employment. Violation
of this policy can result in immediate termination of employment.
A violation of this policy is subject to the formal grievance procedure in accordance with Section
12. If the allegation of sexual harassment implicates any person rendering a decision at any Step in
the Grievance Procedure, the employee may omit that particular Step and proceed to the next Step
of the Grievance Procedure.
Malicious Complaints: While the City of La Quinta vigorously defends its employees' right to work
in an environment free of sexual harassment, it also recognizes that false accusations of sexual
harassment can have serious consequences. Accordingly, any employee who is found, through the
City's investigation, to have knowingly falsely accused another person of sexual harassment will be
subject to appropriate disciplinary action, up to and including d;??liai?? ternu?nation.
1.85 WORKPLACE VIOLENCE: The City of La Quinta does not tolerate any act or behavior which
can be perceived as threatening, hostile, and/or violent. No employee shall make any threat, either
physical or verbal, against a co-worker, supervisor or member of the public. No employee, other
than those required by their position, shall bring a weapon exclusiye of pe; tso fla 1 defense chemical
spray) of any type to a City facility, including parking lots andpubh?c streets outside or inun;:ediate?y
adjacent to a City building or place in a City vehicle or equipment. Violation of this zero tolerance"
policy will lead to discipline, up to and including termination. An employee may bring a persoral
defense chemical spray to a City facility i'?cIuding par?ing lots and public streets outside or
irnniediateiy adjacent td a City building or place in a City vehicle or eqi?ipment if approved by their
Department Director haviflg demonstrated a 1egiti? mate eed and having obtained any necessary
certification.
All employees are required to report immediately to their Supervisor and Department Director any
threats or incidents of violence. Supervisors and Department Directors are required to investigate
incidents of violence or threats of violence to maintain department safety.
Effective January 1, 995 the Workplace Violence Safety Act became law. The new statute adds
Section 527.8 to the California Code of Civil Procedure and allows employers to seek temporary
restraining orders TRO) and an injunction to protect employees who have been the subject of actual
or threatened unlawfiil violence in the workplace.
1.90 SMOKING POLICY: Smoking is prohibited in all City facilities, all City vehicles and rolling
stock.
1.95 DRESS CODE: All employees shall dress professionally and in a manner appropriate for the
duties performed in their position. Department Directors, with the approval of the Employee
Relations Officer, may allow certain Field positions to wear shorts depending on the duties
performed and any safety considerations. Shorts my be limited to earth-tone colors, be mid-thigh
length, hemmed, with a minimurn of two pockets, a fly and worn with a belt. All field personnel
must wear collared shirts that are tucked in and ident+fits identity them as City personnel.
28
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ing -> 17g3SECTION 2: CLASSIFICATION AND SALARY PLAN
2.05 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN: The Employee
Relations Officer shall determine the duties and responsibilities of all City positions for inclusion
in the Classification Plan. The Classification Plan shall be so developed and maintained to ensure
to the fill lest extent possible that all positions which are substantially similar with respect to duties,
responsibilities, authority and character of work, are included within the same classification, and the
same schedules of compensation shall apply to all positions in the same classification. Classification
specifications are explanatory, but not restrictive.. The listing of particular tasks shall not preclude
the assignment of other related kinds of tasks or related jobs requiring lesser skills. The
Classification Plan shall be adopted by a resolution of the City Council. The Classification Plan may
be amended or revised, as required, and adopted by a resolution of the City Council.
2.10 ALLOCATED POSITIONS: The Employee Relations Officer shall approve the appointment
of employees to positions in the Classification Plan.
Only allocated positions which have been approved by City Council may be filled, provided that the
following positions can be approved by the City Manager R?lat;?11? Offi?? without prior
City Council approval: 1) temporary; and 2) emergency.
2.15 NEW POSITIONS: When a new position is created, no person shall be appointed or employed
to fill the position prior to the position's assignment to a classification, unless otherwise provided
by these Policies. The Employee Relations Officer shall amend the Classification Plan to establish
and assign an appropriate classification and grade for the new position as approved by the City
Council.
2.20 CLASSIFICATION SPECIFICATIONS: Classification Specifications shall contain a job
description, as well as knowledge, skills, abilities, education, experience, sample duties and other
minimum qualifications for all classifications listed in the Classification Plan. The Employee
Relations Officer shall maintain a listGf all City Council approved classification specifications. All
classification specifications shall be open for inspection in the Personnel Office by an employee or
the public under reasonable conditions during business hours subject to the availability of the
Employee Relations Officer.
2.25 PREPARATION AND ADOPTION OF SALARY PLAN: The Employee Relations Officer
shall prepare an annual Salary Plan that establishes the minimum through maximum salary rates of
pay for all City classifications and shall submit the Salary Plan to the City Council for its approval.
The Salary Plan shall be adopted by a resolution of the City Council. The Salary Plan shall be
amended or revised by adoption of a resolution of the City Council.
2.30 APPROPRIATE SALARY STEP: Employees occupying a City position shall be paid a salary
or wage within the salary range established for that position's classification under the adopted
Classification and Salary Plans.
29
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ing -> 17g42.35 BENEFIT PLAN: The City Council may, at its sole discretion, adopt a Benefit Plan that
establishes the benefits for all City employees. This Benefit Plan is described in the Employee
Benefits Section of the City's Compensation and Leave Policies,
SECTION 3: TYPES OF APPOINTMENTS
3.05 TYPES OF APPOINTMENTS: Except for temporary vacancies, all vacancies shall be filled
by recruitment, transfer, promotion, or demotion; temporary appointments may be made in
accordance with these Policies.
3.10 PROBATIONARY APPOINTMENTS: All initial appointments made to a vacant regular
position, l1?tl?? t;al shall be considered probationary for twelve 12) months
from the effective date of the appointment. Promotional appointments: shall be considered
probationary for six 6) m:onths frorn the effective date of the promotioflal: appointment. As
necessary, the probationary period can be extended an additional six 6) months if the Department
Director or designee determines that the probationary period shall be extended. The probationary
employee shall be given notice in writing prior to the expiration of the original probationary period.
Initial probationary employees are eligible for use;of ac;c#u:ed paid leave sick leave, vacation and
bereavement leave) after the first 3) months. A pro rnv;otio;na:l probation does not impact aji
employee's eligibility for leave.
The probationary period shall be regarded as part of the testing process and shall be utilized for
closely observing the employee's work to determine the employee's fitness for the position. A
probationary employee must demonstrate satisfactory performance in order to achieve permanent
status.
Periods of time on paid or unpaid leave exceeding fi??(5) tlu?rty?(3Q) days consecutive or not) shall
automatically extend the probationary period by that number of days the employee is on leave. If
the probationary period is interrupted by military leave for a period which extends beyond half of
the probationary period, then the employee shall serve a new probationary period upon return.
An employee on probationary status may be suspended without pay, demoted or dismissed by the
City at any time, without or without cause, and without right of appeal. A probationary employee
has no property interest in continuing employment.
3.15 FULL TIME APPOINTMENT: Employees who successflilly complete their probationary period
and who regularly work a minimum of forty 40) hours per week shall become full4ime regular
employees and shall be entitled to all of the benefits provided herein.
3.20 EMEROENCY APPOINTMENTS: To meet immediate requirements of an emergency
condition which threatens life or property, the Employee Relations Officer may create positions and
employ such persons as temporary employees as may be needed for the duration of the emergency.
30
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ing -> 17g5If not determined otherwise by an applicable provision or by an Emergency Operations Plan
approved by the City Council as soon as possible, and shall be compensated at an appropriate hourly
rate as approved by the Employee Relations Officer.
3.25 INTERIM APPOINTMENTS: If deemed to be in the best interests of the City, the Employee
Relations Officer may authorize and approve an interim appointment in order to fill either a
temporary i.e. a maternity or military leave) or regular i.e. an employee's resignation or
termination) vacancy. If the position being filled on an interim basis would normally require City
Council approval i.e. City Manager), the City Council shall authorize the interim appointment.
An interim appointment may be authorized for a period not to exceed six 6) months from the date
of that appointment. The Employee Relations Officer may authorize an additional 6) months
extension for an interim appointment. All interim employees must meet the minimum qualifications
of the vacant position.
A regular employee may be assigned to another interim classification which is equal to or higher than
the employee's regular classification. During the interim appointment period, the employee will be
assigned the title of the interim classification, in a step that is at least five per cent 5%) higher than
the current salary of the employee's regular classification, for the duration of the interim appointment
if the interim classification is a higher grade.
While serving in an interim capacity, a regular employee shall receive any benefits of the interim
classification which arc over and above the employee's regular benefits. If an employee receiving
overtime benefits is assigned to an interim classification which does not receive overtime benefits,
the employee shall not receive overtime pay for the duration of the interim period. The employee
shall receive the Administrative Leave benefits of the interim classification. A regular employee,
in an interim classification, shall continue to accrue seniority in their regular classification and shall
be eligible to receive merit increases in the regular position.
An interim employee who is not cuffently a City employee shall be compensated as outlined in a
wriffen employment contract.
Tf an interim employee is appointed to the position which the employee has been filling on an interim
basis, any time worked in the interim position may be applied towards fulfilling the required
probationary period.
Interim appointments shall not be construed to create or imply any right in any employee to be
permanently appointed to the job classification position that the employee is filling on an interim
basis. At the expiration of any interim appointment, the employee shall return to the employee's
regular job classification and shall also return to the rate of pay which corresponds to the regular
classification as if the employee never left the classification.
31 000r33
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ing -> 17g6This section shall not be construed to prohibit the employment by contract of a person or entity to
provide services to the City of an interim? indefinite, or other basis.
3.30 WORKIN6 OUT OF CLASS": When an employee is assigned to significant duties and
responsibilities of an authorized job classification with a higher salary range on a full-time basis for
more than twenty-five 25) consecutive working days or more than fifty 50) working days in a
twelve 12) month period, a temporary salary adjustment shall be made to a higher salary range and
appropriate step therein until the employee ceases to perform such out-of-class work. It is the City's
intent to avoid working an employee on an out-of-class assignrnent for a prolonged period.
An employee who believes that he/she has worked out-of-class for more than twenty-five 25)
consecutive working days or more than fifty 50) working days in a twelve 12) month period may
submit a written request for an out-of-class pay adjustment to the Employee Relations Officer within
ten 10) working days after the employee has allegedly qualified for the out-of-class pay adjustment.
The Employee Relations Officer shall review the request and forward a recommendation thereon to
the Employee Relations Officer within five 5) working days after completing a job audit. The
Employee Relations Officer shall render a decision thereon within five 5) working days after receipt
of the Employee Relations Officer's recommendation.
If the Employee Relations Officer determines that the employee has been working out-of-class for
more than twenty-five 25) consecutive working days, the employee will be paid out-of-class pay
effective on the 26th day and for each successive day the employee works out-of-class.
If the Employee Relations Officer determines that the employee has been working out-of-class for
more than fifty 50) working days within any twelve 12) month period, the employee will be paid
out-of-class pay effective on the 51st day and for each successive day during the twelve 12) month
period in which the employee works out-of-class.
In determining the appropriate step for purposes of calculating out-of-class pay, the employee shall
be compensated at the Step in the appropriate salary range which comes nearest to but not less than
five 5%) per cent higher than the Step the employee held in the previous salary range. If the
employee is subsequently appointed to the higher-level position, the employee may apply time
accumulated while working out-of-class towards fulfilling any required probationary period. If and
when the employee returns to the employee's former position, the employee shall also return to the
lower base pay.
A regular employee working out-of-class shall continue to accrue seniority in his/her regular
classification and shall be eligible to receive merit increases in the regular position.
Nothing herein shall be construed as limiting management's authority to assign City employees
temporarily to different or additional work duties and responsibilities for the purpose of responding
to emergencies. Temporary assignment, while responding to an emergency, will be for no more than
three 3) months duration, but may be extended for an additional three 3) months with Employee
32 i30054
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ing -> 17g7Relations Officer approval.
Nothing herein shall prevent an employee from receiving an interim promotion to fill a position
temporarily as a result of a vacancy, leave of absence, or industrial injury. Such an employee shall
be compensated in accordance with Section 3.15.
3.35 TRANSFER: An employee may transfer from their present position to a vacant position, in the
same classification, within the same department or to another department. For purposes of this
Section, a comparable classification is defined as one with the same salary range which involves the
performance of similar duties that require substantially the same general qualification. A transferred
employee shall retain their rate of pay and their anniversary date for ptrposes of merit pay increases.
No employee shall be transferred to a position for which the employee does not possess the
minimum qualifications. A transfer shall not be used to effect a promotion, demotion, advancement
or reduction on pay. An employee who transfers to a lower grade position may be Y-rated. The
employee who desires to transfer must request the transfer, in writing, through the Employee
Relations Officer.
The Employee Relations Officer is under no obligation to noti? employees of each potential transfer
opportunity. Once the transfer request is received by the Employee Relations Officer, the Employee
Relations Officer shall inform the Department Director of the request. The transfer must be
approved, in writing, by the Employee Relations Officer.
Unless otherwise provided for in these Policies, an employee must be employed with the City for
at least twelve 12) months, or until the employee has completed their probationary period, before
applying for a transfer. An employee may be requested to defer their transfer until their current
position has been filled, but typically, two-weeks notice will be given to the employee's current
department.
A request for transfer to a vacant position may be initiated by an employee or the employee's
Department Director. The Employee Relations Officer may order a transfer for the purposes of
economy, efficiency, or for reasons related to the best interests of the City. Such a determination by
the Employee Relations Officer shall not require the consent of the employee or the Department
Director.
3.40 PROMOTION: When it has been determined by the City that a vacant position will be filled
by promotional appointment, the Employee Relations Officer shall authorize a competitive
promotional examination in order to fill the position, as stated in these Policies.
When an employee is appointed to a promotional position, that employee shall be paid at the Step
in the higher salary range which is at least a five 5%) per cent increase over the salary he or she
received in the lower position, in accordance with the provisions in Section 5.15. Any employee
who is promoted within City service shall be required to complete a six-month probationary period
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ing -> 17g8in the new position successfully. If the mpoyee?s fo?er?o?itionis still vacant, tile epa?tment
director may recoinmend that the e?ploye? h? rein?tated to tbe form?r?posit?on This re-iniatement
must be ipproved by the Employee Relations cer I? ti'e employee's former po?ition is not
vacant the employee may? be appointed to a position of the sa?ne classification in a dif?rent
departmei?it with the recomniendation o? th? director and approval by ti?e Employee
Relations ff?eer. no vaca?;;;cy xists th?j employee wi;L?ll be terminated??oni city employinen;t.
3*45 DEMOTION: An employee may be demoted because the employee 5 ability to perform the
required duties of their position falls below standard, for disciplinary purposes or for any other
reasons as outlined in these Policies No employee shall be demoted to a position for which the
employee does not possess the minimum qualifications. The position which has been made vacant
by demotion shall then become subject to the provisions of these Policies which govern
appointments.
An employee shall not be required to serve a probationary period in the position to which the
employee is demoted unless the employee has not competed the probationary period in the higher
position. In such cases, the employee shall be required to complete their unfinished probationary
period in the lower position. The employee shall retain the salary anniversary date the employee had
in the higher position.
3.45.1 Involuntary Demotion: An involuntarily demoted employee, who is placed in a position at
a lower salary grade than the position the employee formerly occupied, shall be placed in the Step
of the lower salary grade which is closest to, but lower than, the employees' salary rate in the
employee's former position. A demotion which is effected for disciplinary reasons, pursuant to
Section 9.35, shall be subject to the disciplinary appeals process.
3.45.2 Voluntarv Demotion: A voluntary demotion to a lower post and lower salary grade may be
requested by an employee for any reason. Such a voluntary demotion shall require the approval of
the Employee Relations Officer, employee's present Department Director, and the Department
Director under whom the employee will serve, if applicable.
The voluntarily demoted employee shall be placed in the Step of the lower salary grade which is
closest to, but lower than, the employee's salary rate in the employee's former position. In lieu of
a reduction in salary, the Employee Relations Officer may approve a Y-rated salary for a voluntarily
demoted employee.
3.50 RECLASSIFICATION: Existing positions, where the duties have changed materially so as to
necessitate reclassification, shall be reclassified by the Employee Relations Officer to a more
appropriate classification, whether new or existing. The Employee Relations Officer must approve
all new classifications. Regardless of the circumstances, the Employee Relations Officer may
require a competitive examination, and no incumbent shall have a right to be appointed to a
reclassified position. No person shall be appointed or employed to fill a reclassified post unless the
said reclassified position has been incorporated in the Classification Plan and approved by City
Council, as provided by these Policies.
00005B
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ing -> 17g9The employee or Department Director may submit a request for a job audit to the Employee
Relations Officer who shall determine if the reclassification is justified and provide a
recommendation to the L111?lo??? R?lptiuii? Offi?? for approval.
Reclassification shall not be used for the purpose of avoiding restrictions concerning demotions,
promotions, or unit modifications. The Employee Relations Officer may conduct objective,
noncompetitive examinations to establish qualifications for the position.
The salary of an employee in a position that is reclassified shall be deterrnined as follows:
3.50.1 Classification with Same Salary Range: If the position is reclassified to a classification with
the same salary range as the previous classification, and if the incumbent is appointed to the
reclassified post, the salary rate and the salary anniversary date of the employee shall not change.
The provision shall also apply to the change of classification title, provided there is no change in the
basic duties of the classification.
3.50.2 Classification with Hi?her Salarv Ran?: Tf the position is reclassified to a classification with
a higher salary range than the previous classification, and if the incumbent is appointed to the
reclassified position, the employee shall be compensated at the Step in the new salary range which
comes nearest to, but is not lower than, the Step the employee held in the previous salary range. The
incumbent's salary anniversary date shall not change.
3.50.3 Classification with Lower Salary Range: If the position is reclassified to a classification with
a lower salary range than the previous classification, and if the incumbent is appointed to the
reclassified position, the Employee Relations Officer may approve a Y-rate salary for the employee
if the employee is at the top Step.
Otherwise, the employee's new salary at the lower grade shall be placed at a Step which yields a
salary closest to, but not less than, the current salary. The incumbent's salary anniversary date shall
not change. Benefits may be Y-rated, as specifically approved by the Employee Relations Officer.
The effective date of reclassification shall coincide with the first working day of a pay period afier
the reclassification is approved by the Employee Relations Officer and the new classification is
adopted by City Council, if necessary.
3.55 LAYOFFSIREDUCTION-IN-FORCEIRECALL: Subject to City Council approval, the
Employee Relations Officer may lay off permanent and probationary workers at any time for lack
of work, budgetary reasons, technological changes, or other City actions that necessitate a reduction
in the work force. At least two weeks written notice shall be given to any employee who is to be laid
off. If less than two 2) weeks notice is provided, the employee will be paid for the difference
between the date of layoff and two 2) weeks.
35 Od?OO57
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ing -> 17g:At the Employee Relations Officer's sole discretion, a demotion or transfer to another department
or classification may be made to prevent a layoff provided the employee is qualified by education
and/or experience and is capable of performing the duties of the classification. The Department
Directors, in consultation with the Employee Relations Officer, and as approved by the City
Manager, will effect the layoffs.
Reduction in Force RIF): When it becomes necessary to reduce the work force in the City, the
Employee Relations Officer shall designate the job classification, division, department, or other
organizational unit in order to effect a reduction in the work force. Contract, temporary, part-time,
seasonal, or probationary employees in the same job classification as ones proposed to be reduced
within the City shall be laid off first. Although the Employee Relations Officer may elect to do so,
he/she is not required to allow laid off employees to bump" employees in other classifications.
Probationary promotional employees who are laid off shall, if applicable, be retumed to their former
classification. Employees who accept lower positions or transfers in lieu of layoff shall be placed
at a salary range and step which yields a salary closest to existing salary at the time of the giving of
notice of lay-off.
Order of Layoff: The order oflayoffofregular employees shall be made in accordance with a system
which favors retention of the more meritorious employees, based upon evaluation of the following
factors in the listed order of importance:
A. The two most recent performance evaluation records as finalized and or file in the Personnel
Office except when an employee has less than two years service with the City. In that case,
only one performance evaluation will be used.
B. Documents of disciplinary actions ul fGiiiipl i???gu;t;uii during
the preceding twenty-four 24) months.
C. Seniority length of service in a career position)
a. in the City; and
b. in the classification; and
c. in the department.
Other exceptional circumstances to deviate from this policy may include the desirability of
maintaining a department or work unit with adequate staffing to perform required service, and
maintaining employees in the classification, department, or section who have demonstrated the
ability to perform work available.
Seniority: Seniority is determined from the day of official appointment to a City department as a
regular employee, provided that any regular employee who, as a result of promotion, transfer, or
voluntary demotion, is appointed to a regular position in another department, shall for purposes of
layoff? carry seniority previously acquired over to the new department.
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ing -> 17g;Seniority shall continue to accrue during periods of vacation, sick leave, layoff not exceeding two
2) years, any authorized leave of absence of less than three 3) months, or any call to military service
for the duration of the call to duty. Seniority shall not accrue during any other break in continuous
service, unless required by law.
Other Policies: Any employee who receives an involuntary transfer except for disciplinary
transfers) shall have automatic bumping rights" to the classification said employee was
involuntarily transferred from for up to six 6) months from the effective date of the involuntary
transfer in the event of layoff.
Recall List: The name of every regular employee who is laid off, transfers, or who is demoted to a
classification in the same department for longer than one pay period due to a Reduction-in-Force,
shall be placed on the Recall List maintained by the Employee Relations Officer. Vacancies to be
filled within a department shall be offered, first in order of performance, to individuals named on
the Recall List who, at the time of the Reduction-in-Force, held a position in the same job
classification within the department as the vacancy to be filled.
Individual names may be removed from the Recall List, by the Employee Relations Officer, for any
of the following reasons:
A. The expiration of two 2) years from the date of placement on the list.
B. Re-employment with the City in a regular flill-time position in a department other than that
from which the employee was laid off.
C. Failure to respond within fourteen 14) calendar days of mailing of a certified letter regarding
availability for employment.
D. Failure to report to work within fourteen 4) calendar days of mailing of a certified letter
containing a notice of reinstatement to a position, absent mitigating circumstances.
E. Request in writing to the Employee Relations Officer to be removed from the list.
Status on Re-Employment: A regular employee who has been laid off or terminates in lieu of
reassignment and is re-employed in a regular position within two 2) years from the date of his/her
layoff or termination shall be entitled to:
A. Buy back and thereby restore all sick and vacation leave credited to the employee's account
on the date of layoff or termination and at the same rate as it was sold originally. This
restoration must be requested in writing within thirty 30) days of returning to work and must
be filly paid back within six 6) months of the return to work.
B. Restoration of seniority accrued prior to and accrued during layoff.
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ing -> 17g<C. Credit for all service prior to layoff for the purpose of determining the rate of accrual of
vacation leave.
D. Placement in the salary range as if the employee had been on a leave of absence without pay
if he/she is reinstated to the same job classification in the same department from which
he/she was laid off or terminated.
Continuation of Benefits: Those who are laid off shall have their medical insurance benefits
continued to the end of the second month following the date of their layoff in the event that they are
not covered by another medical plan at that time.
SECTION 4: RECRUITMENT AND SELECTION
4.05 EOUAL EMPLOYMENT GOALS AND POLICIES: In adopting these Policies, it is the goal
of the City to employ the most qualified individuals and to achieve excellence in meeting the needs
of the community.
Employment and promotion in the City shall be based upon merit and qualifications and shall be free
from political influence and discrimination based upon religion, age, sex, sexual orientation, marital
status, race, color, national origin, ancestry, medical condition, political affiliation, and mental or
physical disability, unless physical ability is a bona fide occupational qualification.
Although not expressed in the classification specifications or job announcements, all persons
applying for or holding any position in the City shall be required to meet the following general
qualifications including, but not limited to: integrity, thoroughness, accuracy, good judgment,
initiative, resourcelulness, courtesy, ability to work cooperatively with others, willingness and ability
to assume and flilfill the responsibilities of the employment, and physical and mental ability to
perform the essential flinctions of the job with or without reasonable accommodation.
Where the position requires the driving of a motor vehicle, the applicant or employee must have a
valid California Driver's License, which must remain valid at all times, and is expected to drive the
motor vehicle safely.
The foregoing general qualifications shall be deemed to be part of the minimum qualifications of
each classification specification or job announcement and need not be specifically set forth therein.
4.10 PERSONNEL REOUESTS: To initiate the filling of an authorized vacant position, the
responsible Department Director shall submit to the Employee Relations Officer a written request
containing at least the following information:
4.10.1 The assification ob) title;
4.10.2 The justification for the position, including its budgeted salary, and
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ing -> 17g=4. 0.3 The duties, responsibilities and qualifications of the position in accordance with the
Classification Plan.
Each request shall be reviewed by the Employee Relations Officer and approved by the
City;Manager.
4.15 JOB ANNOUNCEMENTS: Job announcements providing information about the position, its
title and pay, its major responsibilities and duties, minimum and other qualifications, where and
when to apply, and the last day on which applications will be accepted shall be prepared and
distributed by the Personnel Department. All positions to be filled will be publicized by posting
announcements on the City's official bulletin boards and in such other places deemed advisable by
the Employee Relations Officer.
4.20 PERSONNEL APPLICATIONS: Applications for employment, transfer, or promotion with the
City shall be made on forms provided by the Personnel Department. All information required by the
application shall be provided and the applicant shall certif? as to the truth thereof. Resumes and
other supplementary information may be submitted and attached to the application for consideration,
but may not be used as a substitute for the application. All applications must be signed and dated
by the applicant. Only original applications will be accepted, no facsimile copies will be accepted.
4.25 DTSOUALIFICATION OF APPLICATIONS: The Employee Relations Officer or designee
shall reject an application, or after examination, shall disquali? or remove the applicant's name from
an eligible list, if the applicant:
A. Has made false statements of any material fact, or practiced any deception or ftaud on the
application, declarations or in securing eligibility or appointment;
B. Is found to lack any of the requirements, certifications, or qualifications for the position
involved;
C. Is physically or mentally unable to perform the essential flinctions of the job, with or without
reasonable accommodation;
D. Ts a current user of illegal drugs;
E. Is a relative of an employee, and is subject to the Nepotism Policy;
F. Has been convicted of a crime, either a misdemeanor or felony, that relates to the position
duties that the applicant would perform;
G. Used or attempted to use political pressure or bribery to secure an advantage in the
examination or appointment;
H. Directly or indirectly obtained information regarding examinations;
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ing -> 17g>T. Failed to submit the employment application correctly or within the prescribed time limits;
J. Has had his or her privilege to operate a motor vehicle in the State of California suspended
or revoked, if driving is job related;
K. For any material cause which in the judgment of the Employee Relations Officer or designee
would render the applicant unfit for the position, including a prior resignation from the City,
termination from the City, or a significant disciplinary action.
Any of the above cited grounds for disqualification, may be cause for termination or other
disciplinary action if the applicant is or subsequently becomes an employee of the City.
4.30 RECRUITMENT: It shall be the City's policy to recruit and hire the best qualified persons
available regardless of religion, age, sex, sexual orientation, marital status, race, color, national
origin, ancestry, medical condition, political affiliation, and mental or physical handicap, unless
physical ability is a bona fide occupational qualification.
While recognizing the need for introduction of persons from outside City employment at all levels,
the policy of the City is to transfer or promote persons employed by the City when their
qualifications, training, work performance, and work experience are determined to be comparable
to applicants from other sources.
The Employee Relations Officer shall determine whether the recruitment shall be open or
promotional, on the basis of asurmg ensuring an adequate number of candidates with appropriate
skills to constitute a competitive 111? it process. The decision of the Employee Relations Officer to
conduct an open or promotional recruitment shall be final.
Except as specifically provided otherwise in these Policies, selection for a position in City
employment shall be by one of the following types of examinations:
A. Open Competitive: Examinations which are open to all persons who possess the indicated
minimum qualifications as set forth in the job announcement. Applicants for open
competitive examinations may, but are not required to be, employees of the City.
B. In-House Competitive: Examinations which are open only to City employees who possess
the indicated minimum qualifications as set forth in the job announcement.
Any variations to these procedures sh?l be reviewed by the Employee Relations Officer and
approved in writing by the EiilFl?? C i?ty
4.35 EVALUATION OF APPLICATIONS: Each application shall be reviewed to determine if the
applicant satisfies minimum educational experience, type and years of job related experience,
certificates or licenses and any other requirements.
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ing -> 17g?Selection techniques shall be impartial and relate to those areas which will adequately and fairly
indicate the relative capacity of the applicants to perform the duties and responsibilities of the
position to which they seek appointment.
The selection procedure may consist of personal interviews, performance tests, evaluation of work
performed, work samples, assessment centers, other written tests, review and investigation of
personal background and references, medical examination, psychiatric examination, or any
combination thereof. The Employee Relations Officer may, at his/her discretion, include as a part
of the examination process, tests which determine whether applications meet minimum
qualifications.
In all examinations, the minimum grade or standing for which eligibility may be earned may be
based upon all factors in the examination, including educational requirements, experience and other
quali?ing elements as shown in the application of the candidate of other verified information.
Failure in one part of the examination may be grounds for declaring the applicant as failing in the
entire examination, or as disqualified for subsequent parts of an examination.
4.40 CANDIDATES' EXAMINATION INSPECTION: By appointment with the Employee
Relations Officer, an applicant shall have the right to review his/her own written test, interview
scores or other test results within ten 10) working days after announcement of the ACLLlllHpti?lI
recruitment results. However, no applicant shall be allowed to examine the test key as part of his/her
examination inspection. The names 6f all interviewers shall be kept confidential.
Any error in rating or grading shall be corrected if it is called to the attention of the Employee
Relations Officer at the time the applicant reviews his/her examination. Any applicant whose
corrected score meets or exceeds the examination's established passing score will be placed on the
applicable eligibility list for the position, if one exists. Any correction shall not invalidate an
appointment or offer of employment that has been made previously.
4.45 NEPOTISM POUCY: An applicant for a position who has a relative employed by the City may
not be denied the right to file an application for employment and complete in the examination
process. Following the examination, if the applicant is successfiilly certified as eligible, employment
may be denied if the Employee Relations Officer determines that such employment would potentially
create a conflict of interest or have a potentially adverse impact on supervision, safety, security, or
morale, or if the employee would be in a position where he/she would directly supervise, or be
supervised by, a member of his/her immediate family as defined im $ection i.2??5l.
tl? ftl11? iuii 1d d1o? 14.25, a lat1?c" c?b?"
Lc dcfi??d tU tli? f?ll??;11?. puu?C, p??iit, 1ai1d?CLI?ILt, 1?1d?h;ld,
L1?tl1?1, s?5t?1, liplf-l,iutliCi, half-3;3t?1, a?1t, inC??, t1??l1?fl? fi13t c0u3;it, j,??11t-;11-l??, 3U11?11I
lavy dau?lit?i-;ii-lavv, ii-lavv, UI aiiy tl1?1 ui ii?d;v;d?pl 1?l?t?d L?
U1111CLII1p??
000063
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ing -> 17g@When the eligible candidate is reflised appointment by virtue of this Section, the name of the
candidate shall remain on the eligibility list for openings in the same classification, as otherwise
provided in these Policies, where no member of the employee's immediate family is employed,
supervised by, or supervising the vacant position.
In no case may an employee participate directly or indirectly in the recruitment or selection process
for a position for which the employee's relative has filed an employment application.
Where two 2) relatives are working in the same department, division, or office at the time these
Policies are adopted, or if an event occurs in which a familial relationship is established between two
employees who work in the same division or office i.e. if a marriage results in a spousal or in-law
relationship), the relationship shall not be deemed a prohibited relationship" unless the employees'
mutual employment creates a potential conflict of interest or has a potentially adverse impact on
supervision, safety, security, or morale, and so long as neither employee is in a supervisory capacity
over a member of his or her immediate family.
as stated above, a familial relationship exists or is established, the employees may continue in
their positions so long as the conditions of a prohibited relationship are not met. If; in the
determination of the Department Director, such a prohibited relationship does or would exist, the
Department Director shall submit the reasons for his/her determination to the Employee Relations
Officer for review.
The Employee Relations Officer shall have one 1) week to investigate the Department Director's
findings and determine if a prohibited relationship" does exist.
If the Employee Relations Officer's review confirms that a prohibited relationship exists, he/she shall
submit his/her results to the R?Iat;?11? Offi?? City Manager, who iii tUlil ll b111;t tl1?
t? th? Dc?ait111??A will make the final determination as to whether a piobibited
relationship exists, and i?nfoirn t?ie Ein;p16;yee Relations Officer. At this time, the D?Fai?11?11L
D11???1 Employee Relation Officer an dt)ep??e?? Director shall promptly inform the employees
of the City's intention to transfer one of the employees to a vacant position of comparable pay and
duties in another City division or office, provided that such a vacant position exists, the transferee
is qualified therefore, and no offer of employment to fill the vacant position has been made to
another eligible candidate.
If a position of comparable pay and duties is not op en, but one in a lower classification is vacant,
either of the employees may elect to voluntarily demote to the lower position, provided that the
vacant position is in another department, division, or office, the employee is qualified to fill the
position, and the position has not been offered to another candidate. Any voluntary demotion which
occurs as a result of this Section shall be in accordance with the provisions set forth in Section 3.35
3.45.2. Tn the event that a transfer or v?untary demotion is not feasible within the time limit set
herein, the affected employees shall decide which of them will resign from City employment.
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ing -> 17gAIf a transfer or voluntary demotion is not feasible and neither employee has submitted a letter of
resignation three 3) weeks after the determination that a prohibited relationship exists, the Employee
Relations Officer and Department Director, witlt; app r6v a I of the City Man;ager, shall determine
which of the employees shall be terminated in-good-standing.
Regardless of which procedure is utilized, the transfer, voluntary demotion, resignation, or
termination-in-good-standing shall become effective one 1) month after the L11?l?? R?l?t;?11?
Offi?1 City Manager has concurred with the D?Falt1I1?A D;1?d?1 Employee Re lations Officer's
determination that a prohibited relationship has been established. This one 1) month limit may be
extended up to an additional two 2) months with written approval from the Bmployee Relations
Officer, provided that personal or organizational considerations mandate such an extension.
Except as hereinafter provided, an employee who has been terminated-in-good-standing because of
the operation of the Section, may be reinstated to the position which such employees held at the time
of termination, or to a position of equal seniority, status and pay. In order for the employee to be
eligible for reinstatement, he/she must be reinstated to a position in a department, division, or office
where a prohibited relationship would not be established or re-established), the position must be
open, and the employee must still meet the qualifications for the position. This right of reinstatement
shall be effective only through the ninety 90) days immediately following the effective date of the
termination, the terminated employee shall have a co-equal right of reinstatement with employees
who have voluntarily resigned in-good-standing, up to an additional nine 9) months.
W1t11 tl? pt;uii f th? R?lat;?11? Offi??1' l?,1d?d lu this aiiy
dec?s+on The decision ofthe City Manager, based upon the review and recommendation of the
Department Director and E mployee Relati6ns Ofi'icer to transfer, voluntarily demote, resign, or
terminate an employee in-good-standing pursuant to this Section), is not subject to any appeal or
grievance procedure.
4.50 DRIVING SAFETY CHECK: A verifiable and acceptable driving record shall be required of
each final candidate for employment whose position requires the employee to drive a City vehicle,
or personal vehicle on City business, as an essential flinction of the job. The Employee Relations
Officer shall have the right to conduct periodic, random verification of driving records of employees.
Driving a City vehicle without possessing a valid driver's license is not permitted and may result in
disciplinary action up to and including termination. Employees shall notif?? their Supervisors
immediately if their license is expired, suspended, or revoked.
4.55 ELIGIBILITY LISTS: Lists of applicants to be considered for job openings in a particular
classification may be established for open competitive or promotional competitive positions. An
eligibility list shall be a list of persons who have taken an open competitive or promotional
competitive examination for an advertised City position and have qualified for said classification.
Each such list shall bear an expiration date. The hiring department may appoint any candidate on
the eligibility list, regardless of ranking, provided all candidates with higher rankings have been
interviewed.
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ing -> 17gBEligibility lists shall remain in effect for twelve 12) months or until exhausted, whichever occurs
first. An eligibility list may be terminated at any time when less than three 3) eligible candidates
remain.
The Employee Relations Officer, upon eithertheEmployeeRelations Officer'si4etermination or the
recommendation of the Dep??ent Director, may remove a name from
an eligibility list for any of the following reasons:
A. If the eligible person accepts an appointment with the City to a regular position of the
same or higher classification. Acceptance of a temporary appointment at any level will not
in itself be cause for removal from an eligibility list. An eligible person may refuse an
appointment to a particular position and request to remain on the eligibility list.
B. If the eligible person requests in writing removal from the list.
C. If the eligible person fails to respond within t?11(l0) Iourtee? 14); calendar days to a
notification or letter which has been mailed to the person's last address on file with the City.
D. Tf the eligible person is unable to accept any offered position.
E. If a person on a promotional eligibility list resigns from City employment.
F. If other circumstances, such as conviction of a crime involving moral turpitude or loss of a
required license, make the person ineligible.
Placement on an eligibility list does not guarantee employment with the City of La Quinta.
If a vacancy exists in a classification for which there is no appropriate eligibility list, the Employee
Relations Officer may prepare a list from one or more existing related lists by selecting names of
eligibles from eligibility lists for classifications which are assigned to the same or higher pay range
and which have minimum qualifications similar to those of the classifications which the vacancy
exists.
4.60 FINAL DECISIONS OF SELECTION: The Department Director or designee shall recommend
a final candidate for appointment to a vacant position to the Employee Relations Officer. All
appointments shall be subject to Employee Relations Officer's review and R?lat;?11?
City Manager's final approval before becoming effective. If the selected candidate accepts
the appointment and reports for duty within the agreed upon time, the applicant shall be deemed
appointed to the position.
If the selected candidate does not report to duty within the agreed upon time, the candidate shall be
deemed to have declined the appointment. By mutual agreement of the Department Director, the
Employee Relations Officer and the candidate, the date of the appointment may be changed. ++pon
44 j'O?D6G
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ing -> 17gCtl1? affC??d iijjluy??'? VVI;tt?? t;?11, ff?ft l1pll U? iiiad? t? 1?1t C;ty
c?pl?y?? ll b? uii 1 ayykU??d a? fth? datc ufaFFu;?A111?it tl1??U? 1pLl?
tu i?jjuit foi d?t? at tl1? d??i?iat?d t?lIl?
4.65 PRE-EMPLOYMENT PHYSICAL: Each person accepting employment with the City shall be
required at the City's option to successfilly complete a pre-employment physical at a City designated
medical facility at City cost before an appointment to such employment becomes effective.
This Section shall also apply to changes of employment within the City when the new position places
substantially more physical demands upon the employee. The results of the examination shall be
kept confidential in a separate file and shall be viewed only to assess whether the employee has the
ability to perform the essential functions of the job, with or without reasonable accommodation.
4.70 EMPLOYMENT ELIGIBILITY VERIFICATION: At the time of employment, all persons
employed by the City of La Quinta shall be citizens of the United States or legal residents for
purposes of employment.
4.75 PROBATIONARY PERIOD The first twelve 12) months, or any duly extended period, of all
pi? yiuiiiutiuiial lljjlU?lll?llt initial appointment.. in a regular p9sition shall be deemed a
probationary period. The flist six 6). months, or any duly.. ex?.en?d..ed p?.it..od,.. of all promotional
employm.ert.appointrnen:..s..sha.llibe deemed a probatioriary pcvn....o..d.. The probationary period shall
commence upon the effective date of the appointment.
During the probationary period for an irutial appointment, an employee may be terminated without
the right of appeal, hearing, or resort to any grievance procedure. The probationary period 0;f eit?i?er
an imt.ial o?r probationary app.ointin;eflt) may be extended up to an additional six 6) months, at the
discretion of the Employee Relations Officer. The decision to extend the length of an employee's
probationary period must be made prior to the expiration of the original t??l?c 12) 111?11tl
probationary period. Such a decision shall not be appealable or grievable.
An employee who fails to complete the employee's promotional probationary period satisfactorily
may be reinstated to the position in the same classification from which the employee was promoted,
depending upon availability of the position, unless discharged from the City service as provided in
these Personnel Policies.
4.80 CRIMINAL CONDUCT INELIGIBILITY FOR EMPLOYMENT: Except as otherwise
hereinafier provided, no person convicted of a misdemeanor involving moral turpitude or a felony
shall be eligible for employment in the service of the City; however, the Employee Relations Officer
may disregard such conviction if he/she finds and determines that mitigating circumstances exist,
such as, but limited to, evidence of rehabilitation, length of time elapsed since such conviction, the
age of such person at the time of conviction, or the fact that the classification applied for is unrelated
to such conviction.
45 090067
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ing -> 17gDOnly the City Manager, City Attorney, and the Employee Relations Officer are authorized to have
access to the State Summary Criminal History Information" as provided for in Section 11105 of the
Penal code of the State of California.
4.85 RESIGNATION: Employees who desire to terminate their service with the City should submit
a written resignation to the Department Director at least two 2) weeks prior to the effective date of
the resignation. The resignation becomes effective when received or confirmed in writing by the
City 1d The resignation may be revoked upon mutual consent of the einployee,
Depaitinent Director and th?e Empl'o?ee Relations Officer uptQ the effective date of the resignation.'
Failure to comply with this requirement may be cause for denying fliture employment with the City.
SECTION 5: COMPENSATION AND EVALUATION
5.05 SALARY AT APPOINTMENT: Except as otherwise stated in this Section, all new employees
shall be appointed at the first Step of the salary range to which their class is assigned.
When the proposed employee's education, training and experience are deemed superior and justily
a salary in excess of the first Step, the Department Director may recommend to the City Manager
offering employment in excess of Step A. City Manager approval must be obtained prior to making
an offer of employment. All final appointments are subject to the City Manager's approval,
regardless of the Step at which the employee is appointed.
5.10 EMPLOYEE PERFORMANCE EVALUATION: Regular reports on forms prescribed by the
Employee Relations Officer shall be made as to the efficiency, competency, conduct and merit of
all employees appointed by the City Manager. Performance evaluations are required to be givetr?t
tl1? f6lluvviii? tilll?? afi?i tl1? fiI? A 1?11tl1? f i?bptu?i, after twelve 12) months at the
completion of an initial probationary appointment, or a. ft e r. six 6) months at.. the completion.of a
promotional probationaiy appointin,ent and annually thereafter.
As outlined in Section 4.75, any decision to extend an employee's probationary period must be made
prior to the expiration of the original probationary period.
Any evaluation which warrants a merit increase but is not completed by the designated review date
shall be retroactively paid back to that review date. In addition to those occasions referenced by +he
this Section, a Supervisor may render a performance evaluation at any time when performance issues
arise, whether positive or negative, when there is a change in assignment and/or when there is a
change in supervisor or management.
During the performance evaluation meeting, the employee and Supervisor shall review and discuss
the employee's significant accomplishments, training, problem or improvement areas, and fliture
development and objectives. After reviewing the job description, duties, and any established
performance standards for that position, an evaluation shall be made by the Supervisor as to whether
the employee's performance meets City standards.
46 O\3OC) S
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ing -> 17gEAn explanation must accompany any unacceptable or conditional judgment. The employee shall
have an opportunity to review the employee's performance evaluation report and agree or disagree
with it.
Based upon the Performance Evaluation Report, the Supervisor may make appropriate
recommendations to the Employee Relations Officer regarding a possible merit increase, promotion,
or other action. L11pl?? Rd?t;?1? Offl?? City approval is required for all sucb actioris
The Employee Relations Officer reserves the right to review performance evaluation prior to review
with the employee.
The employee shall have the right to attach a written response to the corresponding performance
evaluation in his/her personnel file. This response must be made within ten 10) working days of
receiving the evaluation.
No other administrative reply or appeal shall be allowed.
The employee and Supervisor must sign and date the report. If the employee refuses to sign the
report, the Supervisor shall note this fact and any circumstances surrounding the employee's refusal
on the Performance Evaluation Report. Copies of the report shall be distributed to the employee,
the Department Director and Employee Relations Officer.
Performance evaluations shall not be subject to the grievance process. See Section 12.10.2).
5.15 PROGRESSION ON MERIT STEPS:
5.15.1 Regular Full-time and Re?ular Part-time Employees shall earn Merit Step increases based
on meeting or exceeding satisfactory performance of duties in the overall rating, as follows:
A. Normal Pro ression: From the date of employment until the successful conclusion of the
probationary period, no Merit Step increase shall be granted. At the end of a successful probationary
period, the employee may become eligible for a Merit Step increase provided that the employee's
overall performance makes the employee eligible for consideration for such. Thereafier,
consideration of possible eligibility for Merit Step increases shall occur at twelve 12) month
intervals, provided the employee's performance meets the required criteria set forth herein, until such
time as the employee reaches the top salary Step available for the employee's position. Employees
must achieve at least an overall meets job standards" to be deemed to be eligible for consideration
of a Merit Step increase. An employee who merely meets job standards is not, thereby, guaranteed
a Merit Step increase. An employee who receives an overall performance mark less than meets job
standards" shall not be eligible for consideration of a Merit Step increase. Nothing in this Section
shall preclude the City from adopting new evaluation procedures and forms.
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5,1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of a Request PUBLIC HEARING:
by the La Quinta Arts Foundation
for an Extension of the Terms of the
Lease Agreement with the City
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City of La Quinta entered into a lease agreement with the La Quinta Arts Foundation
Arts Foundation") on September 3,1991 Attachment No.1). The purpose of the lease
agreement was to provide for a new location for a new facility and exhibit grounds for the
Arts Foundation. The purpose of the lease is facility and exhibit grounds for the Arts
Foundation. The term of the lease is forty 40) years, commencing upon the date that the
Arts Foundation obtains their building permit, with the yearly rent at $1.00 per year.
Essentially, this is a ground lease with the Arts Foundation being responsible for the
construction of its building, and all on-going costs associated with that building.
Article 11, Section 2.1 of the lease agreement indicates that the Arts Foundation shall
construct, or cause to be constructed, its building within five years of the date of
execution of the lease agreement. Under the terms of the agreement, permits were to
have been acquired and construction begun by September 3,1996. The City Council
authorized staff to send a lefter Attachment 2) to the Foundation last October granting
an additional year, until September 3,1997, prior to declaring default under the terms of
the agreement.
ooo11?
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ing -> 17gqStaff received correspondence dated July 23,1997 from the Arts Foundation requesting
an additional six months to consider options regarding location of their facility
Attachment 3). If the request is granted, this matter would be reconsidered prior to
March 3,1998.
One project potentially affected by this request relates to the Civic Center Improvement
Project. The City Council has authorized distribution of the Request for Proposals to
select a design professional for the Civic Center improvements. It may be prudent to
complete the consultant selection process, but defer action on the actual design work
pending the Arts Foundation's decision.
FINDINGS AND ALTERNATIVES:
Options available to the City Council include:
1. Grant the Arts Foundation's request and authorize staff to notify the Arts
Foundation that the City would not declare default under the terms of the
agreement until March 3,1998; or
2. Direct staff to notify the Arts Foundation of its default on the lease agreement
pursuant to Article XII b) for the purpose of expediting compliance with the
agreement's terms or, in the event of non-compliance, terminating the lease
agreement; or
3. Provide staff with further direction.
Mark Weiss, Assistant City Manager
Attachments:
1. September 3,1991 Lease Agreement
2. Letter granting additional year
3. July 23,1997 correspondence from La Quinta Arts Foundation
BLQARTSEXT
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ing -> 17g AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL?DA MEETING DATE: August 5,1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of Cultural Commission's
Recommendation for Grant Funding for Fiscal PUBLIC HEARING:
Year 1997-98.
RECOMMENDATION:
The Cultural Commission recommends that the City Council award grant funds as follows:
* Coachella Valley Community Concerts $ 5,000
* La Quinta Arts Foundation $43,500
* La Quinta Historical Society $10,000
* La Quinta Open Air Museum $ 9,500
* La Quinta On Stage $1 2.000
Total $80,000
FISCAL IMPLICATIONS:
The 1997-98 Fiscal Year Budget includes $80,000 in the Special Project Contingency
Grants Account 101-101-663-000),
BACKGROUND AND OVERVIEW:
The City Council referred certain Contract Service Agreement applications to the Cultural
Commission as grant pplications for review and recommendation. The Commission
considered five applications see Attachment 1) at their regular meeting of July 24,1997.
Each applicant made a short presentation to the Commission to supplement their formal
application and answered questions.
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ing -> 17g The Commission, after considerable discussion, approved a motion to recommend that the
City Council award grant funds as follows:
* Coachella Valley Community Concerts $ 5,000
* La Quinta Arts Foundation $43,500
* La Quinta Historical Society $10,000
* La Quinta Open Air Museum $ 9,500
* La Quinta On Stage $1 2.000
Total $80,000
The motion was approved with three affirmative votes and two opposed with two members
absent
FINDINGS AND ALTERNATIVES:
Alternatives available to the City Council include:
1 Award grant funds consistent with the Cultural Commission's recommendation or
2 Award grant funds pursuant to an alternative funding distribution; or
3 Not award grant funds; or
4 Provide staff with alternative direction
Mark Weiss, Assistant City Manager
Uu0153 002
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5, 1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of Grant Process for Schools PUBLIC HEARING:
RECOMMENDATION:
As deemed appropriate by the Council.
FISCAL IMPLICATIONS:
Funding for the school grant program is budgeted within the Fiscal Year 1997-98 Budget,
Account No. 101-101-663-000, Special Project Contingency-La Quinta Schools
Contribution, in the amount of $9,250.
BACKGROUND AND OVERVIEW:
As part of the Special Project Contingency Account in the Fiscal Year 1997-98 Budget, the
Council established a line item amount of $9,250 for school contributions. The
establishment of this item was, in part, in response to numerous requests from school-
related organizations e.g. PTA, Wrestling Team, student trips, etc.) for City financial
assistance.
At the June 15, 1997 City Council meeting, the Council approved a process and
application form for Community Services Grants Attachment No.1). At that meeting,
Council members discussed the need to establish a process for school grants; hence, this
item has been placed on the agenda for consideration by the Council.
Staff has identified three possible alternatives for implementing the school grant program
as follows:
A. Divide the $9,250 school contribution among the various schools. This division
could include a flat fee per school or some other percentage allocation. Unless
directed otherwise by the Council, under this option, the school would have
discretionary use of the awarded funds under this proposal.
OOU271
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ing -> 17gB. Distribute grant applications to the school principal for each school in La Quinta and
ask that the Principal of the school distribute and rank/prioritize the proposals and
return them to the City for consideration by a specified date.
C. Distribute grant applications to the organizations/students that requested funds and
others that may request an application. This option would not include involvement
by the school principal; the applications would be submitted directly to the City.
There are associated policy questions within each proposal that the Council may wish to
address such as:
1. Should there be minimum eligibility requirements i.e. residency requirements,
awards to schools serving La Quinta residents only, awards to private schools)?
2. Should the City establish an application process similar to the Community Services
Grant process i.e. with an application form, criteria, deadline, commission review,
open advertising/noticing of program)?
When the Council discussed the community services grants at the June 15th City Council
meeting, it was determined that the schools would not be notified as school requests would
be considered under a separate process. Pursuant to previous Council direction, parties
which have made school related funding requests have been advised that those requests
would be part of the Fiscal Year 1997-98 budget process i.e. La Quinta High School
Wrestling Team and Truman School PTA). Thus, it would be appropriate to notify those
applicants of the selected process for school applicants, once that process is finalized.
FINDINGS AND ALTERNATIVES:
Alternatives available to the Council include:
1. Approve a flat fee, or funding ratio, for each school; or
2. Distribute grant applications to each schools' principal and ask the principals to
prioritize the applications submitted from their respective schools; or
3. Distribute grant applications directly to interested parties serving or affiliated with
a school.
4. Provide alternative direction to staff.
Mark Weiss, Assistant City Manager
Attachment
1. Approved Community Services Grant Application 7 2
C?-\MyD,t,?WPDocs\CIT? COUNCIL'CCST??1 797.?pd 002
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5,1997
CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of a Contract for Services for AB939
services for Fiscal Year 1997/98 with EcoNomics and PUBLIC HEARING:
appropriation of funds in an amount not to exceed
$40,000, and authorize the City Manager to sign the
Contract
RECOMMENDATION:
Approve staffs recommendation to award a Contract for Services with EcoNomics for
AB939 services for Fiscal Year 1997198 in an amount not to exceed $40,000, and authorize
the City Manager to sign the Contract.
FISCAL IMPLICATIONS:
There is $78,000 budgeted in the Community Development Department Contract Services
account 101-402-605-000) for Fiscal Year 1997198. Of this amount, $68,000 is designated
for consultant services and programs for the implementation of AB939 programs to assure
the City's compliance with the State's AB939 mandate.
BACKGROUND AND OVERVIEW:
On May 20, 1997, staff requested Council approval to solicit Request for Proposals for the
monitoring of the City's AB939 programs. Staff received three responses: EcoNomics, Inc.
our current provider; Hilton Farnkopf & Hobson of Newport Beach; and J. Michael Huls,
REA of Azusa, and conducted interviews on June 30th
Based on the interview process, the selection committee is recommending EcoNomics, Inc.
for the consultant contract. EcoNomics has local experience in contracting with Coachella
Valley cities to implement solid waste and recycling programs for the past three years.
CCJH.OOa
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ing -> 17gThe Scope of Services provides for monitoring current programs, implementation of a few
selected programs such as an organic waste and community outreach programs), as well
as monitoring the City's Waste Contract. The contract will be for the Fiscal Year 1997/98.
FINDINGS AND ALTERNATIVES:
Alternatives available to the City Council are:
1. Approve the Selection Committee's recommendation to award the Contract for Services
to EcoNomics, Inc. for AB939 implementation consulting services in an amount not to
exceed $40,000, and authorize the City Manager to sign the Contract for Professional
Services.
2. Deny the request.
3. Provide staff with Council direction.
Attachment:
1. Contract for Services with EcoNomics
CCJWOOa Od'?O281
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5, 1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of Highway 111 Landscape and
Architectural Design Guidelines PUBLIC HEARING:
RECOMMENDATION:
Approve the Design Guidelines as submitted.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On May 22,1997, all property owners with Highway 111 frontage were sent a copy of the
Highway 111 Design Guidelines and informed of a meeting to be held on June 12th This
meeting was to provide the property owners with an opportunity to see and hear a
presentation on the Guidelines and provide their comments. Prior to the meeting two
letters were received responding to the Guidelines Attachment 1). At the meeting, one
property owner and one resident attended. However, after discussing the issues for 10
minutes and no further questions, the meeting was adjourned.
The Planning Commission, at its April 22 and May 27,1997 meetings, discussed the
landscape concept, bus shelters, gateway signs, and architectural design guidelines for
the entire Highway 111 CQrridor Attachment 2 and 3). Their recommendations, namely
choosing one of the two designs for both the bus shelter and entry sign design, are
incorporated into the current document.
The City Council, at its February 25,1997 Study Session, reviewed several design themes
for the Highway 111 Corridor incorporating landscape concepts for the right-of-way,
medians and major driveway entrances, bus stop and entry sign design and materials
Attachment 4).
CCCDOO1
t
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ing -> 17g8Landscape Concept
A general description of the guidelines is as follows Attachment 5):
1. Right-of-Way: The design theme is unique; all proposed tree species will be
flowering during different times of the year. A color plant palette will be available for
viewing at the meeting. Turf areas are proposed with concrete mow curbs. The
plant material consists of low maintenance drought tolerant shrubs of varying
heights. Groundcover is also proposed with some areas covered in Palm Springs
Gold Fines.
2. Medians: Similar plant materials are proposed with the exception of the trees and
turf. Caltrans typically does not allow trees of any significant size within median
islands.
3. Driveway Entrances: All major entrances to retail establishments with full turn
movements, will be accented with palm trees. This will better assist in identifying
the entrance. The plant materials will be similar to the Right-of-Way landscaping.
Bus Shelters
Ray Lopez, landscape architect, and staff have been in contact with Sunline Transit
Agency in order to comply with their requirements. Of note, bus stops must meet ADA
regulations and the view of pedestrians must not be blocked for the bus drivers. The
proposed bus shelters comply with these requirements and is described as follows:
Bus Shelter The bus shelter roof is covered with concrete Mission tile supported
by two smooth trowel stucco side walls. One wall will be angled to allow the bus
driver to see the passengers. Attached also at an angle will be rustic ornate wrought
iron canes representing an Ocotillo". Other sculptured metal plants or other design
elements may be substituted for the Ocotillo. The other side wall will be highlighted
with a tile mosaic panel. The facade is highlighted with a 4 x 10 rough sawn beam,
corbeled at the ends. The bench will consist of a concrete seat and back with
contrasting ornate trim. Wheelchair space will be provided.
Gateway Sign
A general description of the gateway signs is as follows: The size will be determined at a
later date. The monument sign will consist of a sand stone peach" color granite slab
attached on one side with a manufactured indigenous rock outcropping. The City seal is
also proposed. The copy will read City of La Quinta." The copy will consist of torch burnt
letterings on galvanized metal. Internal illumination is proposed.
rj?312 0000C2
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ing -> 17g9 Architectural Design Guidelines
The design guidelines are intended to be used as a design aid by developers proposing
large commercial development along Highway 111.
FINDINGS AND ALTERNATIVES:
The following options are available to the City Council:
1 Adopt the Design Guidelines as submitted; or
2. Provide staff with direction.
Jerry Herma
Qommunity evelopment Director
Attach ments:
1. Correspondence received regarding the Guidelines
2. Planning Commission Minutes of April 22,1997
3. Planning Commission Minutes of May 27,1997
4. City Council Minutes of February 25, 1997
5. Design Guidelines
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ing -> 17g^ AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL?DA MEETING DATE: August 5, 1997 CONSENT CALENDAR:
ITEM TITLE: Consideration of a Resolution of the City STUDY SESSION:
of La Quinta extending the Community Infrastructure
Fee PUBLIC HEARING:
RECOMMENDATION:
Adopt Resolution 97- Extending Resolution 87-39 Relative To the Community
Infrastructure Fee Policy.
FISCAL IMPLICATIONS:
On October 4, 1997, the existing infrastructure fee that was originally adopted in
1987 will expire. Since the new development fee is not yet completed, the expiration
of the Community Infrastructure Fee will deny the City of all development fees
required for constructing infrastructure projects until a new fee is implemented. The
fiscal implications are dependent upon the amount of development that occurs after
October 4, 1997, and prior to the adoption of the new development fee.
BACKGROUND AND OVERVIEW:
On March 19, 1985, the City Council directed staff to establish a fee to fund the cost
of infrastructure and public facilities so that facilities and infrastructure would be
completed concurrent with City needs, due to growth. The policy was the subject
of Resolution 85?26 and was entitled The Community Infrastructure Fee Policy".
In June of 1 987, the infrastructure fee report was completed which was the basis for
Resolution 87-39 adopting the infrastructure fee policy. On August 4, 1 987, the City
Council adopted Resolution 87-39, which became effective on October 5, 1987.
According to Resolution 87-39, the infrastructure fee is in effect for a period of ten
years, at which time it will be repealed; provided however, that such period of time
shall be extended by any period of time during which a residential development
moratorium is in existence within the City. Since October 5, 1987, there have been
no residential development moratoriums within the City of La Quinta. Therefore,
according to Resolution 87-39, the Community Infrastructure Fee policy shall be
repealed on October 4, 1997, at which time the City will cease to receive
infrastructure funds from the development community to provide for infrastructure
needs consistent with the growth of the City.
OUO3?'?0
F:\PWDEpT?couNCtL\1 97\?7O8Q?,
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ing -> 17g_City staff is presently completing an analysis for the City Council's consideration to
implement a new development fee program to replace the infrastructure fee program.
On March 18, 1997, the City Council approved Amendment 1 to the contract services
agreement with David M. Griffith and Associates to complete the development fee
study report. This report takes into consideration all current and future infrastructure
needs for the buildout of the City of La Quinta, and recommends a new development
fee to replace the existing infrastructure fee. Due to the complexity of this report, it
is not anticipated that the new development fee report will be completed in time for
adoption to replace the existing Community Infrastructure Fee prior to October 4,
1997. If the existing Community Infrastructure Fee is repealed prior to the adoption
of a new development fee, the City will lose valuable funding resources for each day
that a fee is not in place.
FINDINGS AND ALTERNATIVES:
It is anticipated that when approved, the Development Fee will replace the current
Community Infrastructure Fee. However, until that time, it is recommended that the
Community Infrastructure Fee Program be extended beyond October 4, 1997, until
it is replaced by the updated Development Fee Program.
City staff has contacted the Executive Director of the BIA to discuss this issue. With
the complexity of the new development fee, it is important that there be sufficient
time for City staff to review and incorporate all concerns that the development
community may have. It is also important that the City Council have sufficient time
to consider the new development fee program, since new methodologies are being
applied to the development fee program. In a letter dated July 23, 1997, the BIA
acquieced to the extension and requested that the extension would be no longer than
December 15, 1997. Without knowing the complexities of all the issues that may
arise during Council and the development community review, a time limit is not
recommended.
ALTERNATIVES:
1. Adopt Resolution 97- Extending Resolution 87-39 relative to the Community
Infrastructure Fee policy.
2. Do not Adopt Resolution 97- extending the Community Infrastructure Fee
Policy beyond October 4, 1997 and direct staff to bring the new Development
Fee with Resolution to the next City Council meeting for discussion and
adoption.
3. Provide alternative direction
Chris A. Vogt
Public Works Director/City Engineer 000351
CAV/htr
002
997\97Q?Q??
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5, 1997 CONSENT CALENDAR:
ITEM TITLE: Consideration Authorizing appropriation STUDY SESSION:
of funds to complete plans and specifications,
construction and maintenance for irrigation and PUBLICHEARING:
landscaping of the vacant City owned parcel South
of Ace Hardware and West of Desert Club Drive
n.
RECOMMENDATION:
* Appropriate $11,700.00 from the General Fund to complete design plans and
specifications, construction, and maintenance costs for irrigation and
landscaping of the City owned parcel directly south of the Ace Hardware parcel
and west and adjacent to Desert Club Drive
FISCAL IMPLICATIONS:
This project was not budgeted in the fiscal year 1997/1998 budget. The following
are the estimated costs.
EM ESTIMATED COST
6 each 1', Electric irrigation valves $360.00
1 each 1" Brass Valve Backflow prevention device $ 300.00
715 Linear Feet Temporary Barrier $4,290.00
Two Hundred Pounds Common Bermuda Seed $420.00
Misc. Repairs to Existing Irrigation $500.00
Estimated Construction Cost $5,870.00
Estimated Design Plans and Specifications $600.00
Total Estimated Cost $6,470.00
Estimate Annual Maintenance Cost $5,200.00
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ing -> 17gdWith the adoption of Proposition 218, this project and its maintenance cannot be
funded utilizing Landscape and Lighting fees. Therefore, this project must be funded
and maintained by the General Fund Reserve 101-000-300-290).
BACKGROUND AND OVERVIEW:
On June 3, 1997, City staff was requested to investigate the possibility of
improvements to the City owned parcel located south of Ace Hardware and west of
Desert Club Drive. This parcel is approximately 1.3 acres in size.
A number of years ago, this parcel had a functioning irrigation system and vegetation.
However, over the years, through vandalism and damage due to parked vehicles, the
irrigation system no longer functions. This parcel is now in a non-vegetative state.
Dust blows from this parcel during each event of high wind in La Quinta.
In order to alleviate the dust situation, staff was directed to investigate placing
irrigation and landscaping within this site. Along with repairs to the irrigation system
and seeding the area for plant growth, it is recommended that a temporary barrier be
put in place i.e., a post and cable fence or a movable concrete curb) as part of this
design. This barrier will be placed around the perimeter of the parcel to ensure that
unauthorized parking and driving through the parcel is avoided. These uses would
damage the new irrigation system either causing the vegetation to die, or causing
increased maintenance by the City. It is understood that this parcel may be required
for future functions within the City. For that reason, it is recommended that part of
the barrier be movable to allow for controlled parking within the site.
FINDINGS AND ALTERNATIVES:
Alternatives for the City Council to consider are as follows:
1. Authorize appropriation of funds to complete plans and specifications,
construction and maintenance for irrigation and landscaping of the vacant City
owned parcel South of Ace Hardware and West of Desert Club Drive; or
2. Do not authorize appropriation of funds to complete plans and specifications,
construction and maintenance for irrigation and landscaping of the vacant City
owned parcel South of Ace Hardware and West of Desert Club Drive; or
3 Provide staff with additional or alternative direction.
Chris A. Vogt
Public Works Director/City Engineer
F:\PWDEPT?COU?CIL?1 97 7O?O?h pd
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ing -> 17ge BUSINESS SESSION:
ORDINANCE NO.305
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA APPROVING A CHANGE OF ZONE
FOR AREAS IDENTIFIED AS AREA A", AREA B", AREA C",
AND AREA D"
CHANGE OF ZONE 97-082
WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day
of July, 1997, hold a duly noticed Public Hearing to consider a Change of Zone for the following
areas:
AREA A: BOUNDED BY NUESTRA TO THE SOUTH, AVENIDA CALLE
RONDO ON THE EAST, AVENIDA ULTIMO ON THE NORTH AND
WASHINGTON STREET ON THE WEST.
AREA B: BOUNDED BY SAGEBRUSH AVENUE ON THE NORTH AND
EXTENDED TO THE EVACUATION CHANNEL, 50? AVENUE ON THE
SOUTH, WASHINGTON STREET ON THE WEST AND THE EVACUATION
CHANNEL ON THE EAST.
AREA C: BOUNDED BY AVENIDA FONDA ON THE NORTH, AVENIDA
NUESTRA ON THE SOUTH, WASHINGTON STREET ON THE EAST, AND
100-FEET WEST OF CALLE GUATEMALA.
AREA D: EAST OF THE BEAR CREEK CHANNEL, NORTH OF AVENIDA
MONTEZUMA, AND WEST OF THE YUCATAN AREA; and,
WHEREAS, the Planning Commission of the City of La Quinta, California, did on
the 24? day of June, 1997, hold duly noticed Public Hearing to consider the same Change of Zone
as identified above and recommended approval to the City Council; and
WHEREAS, said Change of Zone under consideration will change the areas as
follows:
AREA A: from Low Density Residential RL) to RL-I0.000
1711
AREA B: from Medium Density Residential RM) to RM and
17/1
from Low Density Residential RL) to RE
17/1
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AREA C: from Medium Density Residential RM) to RM
17/1
AREA D: from Medium Density Residential kM) to 60-RM-l0?000
17/1
WHEREAS, the City Council of the City of La Quinta, California did on the 15" day
of July, 1997, hold a duly noticed public hearing to consider the recommendation of the Planning
Commission; and,
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and argurnents, if any, of all interested persons desiring to be heard, said City Council did find the
following facts and reasons to justify the recommendation for approval of said Change of Zone:
1. The proposed Change of Zone will not adversely affect the development of the areas as
specified by the General Plan for the City.
2. The proposed Change of Zone will further the intent of the goals and policies of the General
Plan.
3. There will be no significant impacts from this Change of Zone.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La
Quinta, California that it does ordain as follows:
SECTION 1. The official Zoning Map for the City of La Quinta is amended for those areas
noted as A through D by adding Special Zoning Symbols as noted on Exhibit A", B", C", and 1'D"
attached hereto and made part of this ord[nance.
SECTION 2. ENVIRONMENTAL. Said Change of Zone request has been determined to
be exempt from the California Environmental Quality Act pursuant to Section 15061.
SECTION 3. EFFE?VE DATE: This Ordinance shall be in full force and effect thirty
30) days after its adoption.
SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this
Ordinance, and shall cause the same to be posted in at least three public places designated by
resolution of the City Council, and shall cause this Ordinance and its certification, together with
proof of posting, to be entered into the Book of Ordinances of this City.
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ing -> 17ggOrdinance No
The foregoing Ordinance was approved and adopted at a meeting of the City Council held
on this day of 997, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
GLENDA L. HOLT, Mayor
City of La Quinta, California
ATTEST:
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM.
DAWN HONEYWELL, City Attorney
City of La Quinta, California
000359
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ing -> 17gl AGENDA CATEGORY:
BUSINESS SESSION
COUNCIL/RDA MEETING DATE: AUGUST 5, 997
CONSENT CALENDAR
ITEM TITLE:
STUDY SESSION
Demand Register Dated August 5, 1997 PUBLIC HEARING
RECOMMENDATION: Approve Deniand Register Dated August 5, 1997
BACKGROUND.
Prepaid Warrants:
29854) 8,355.00
29855- 2986? 4,507.20
29862-29863) 48,045.00
29864-29865) 2,004.00
29866-29877) 849,596.79
29878-29886) 3,543.20
Wire Transfers) 140,948.11
PIR l6224-?6374) 159,846.75
PIR Tax Transfers) 46,536.44 CITY DEMANDS $1,902,485.34
Payable Warrants:
29887-30057) 857,46?.58 RDADEMANDS 228,358.73
$2,130,844.07 $2,130,844.07
FISCAL lMPLICATIQNS:
Deniand of Cash City $? 902,485.34
Jjjh M. FaI?on?r?inance Director
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5, 1997 CONSENT CALENDAR
ITEM TITLE: Acceptance of Improvements Within STUDY SESSION:
Project No. 96-03, Senior Center Parking Lot
Expansion Project PUBLIC HEARING:
RECOMMENDATION:
* Accept Project No. 96-03, Senior Center Parking Lot Expansion Project as
100% complete, as of July 15, 1997;
* Authorize the City Clerk to file a Notice of Completion with the Office of the
County Recorder; and
* Authorize staff to release retention in the amount of $17,389.60, 35 days after
recordation of the Notice of Completion.
FISCAL IMPLICATIONS:
Adequate funds are available Account No.401-626-609-553) in this project to pay
the retention to the contractor and close out this project.
Funding and sources currently available for this project are as follows:
Fund Sources assigned to this project) Account No. Amount
Community Development Block Grant 401-000-493-000 $137,241.00
City Infrastructure Fund 401-000-493-000 $ 93,350.00
Total: $230,591.00
Less Prior Expenditures: $192,327.94
Remaining Available Funding: $ 38,263.06
BACKGROUND AND OVERVIEW:
During the October 15, 1996 City Council meeting, the City Council awarded
Contract No.96-03, Senior Center Parking Lot Expansion Project, to the Contreras
Construction Company. The Contreras Construction Company was the lowest
responsible bidder with a bid in the amount of $174,514.60.
000397
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ing -> 17gFINDINGS AND ALTERNATIVES:
The project is now deemed to be 100% complete in substantial compliance with the
plans and specifications. Prior to filing the Notice of Completion, staff must receive
authorization from the City Council to approve this project as 100% complete and
authorizing the City Clerk to file a Notice of Completion.
A final accounting of this Contract is as follows:
Original Bid $174,514.60
Change Orders $0.00
SUBTOTAL: $174,514.60
Quantity Variation: $615.00)
TOTAL: $173,899.60
Amount Paid to Date $156,510.00)
Outstanding Progress Pmt. $0.00
Liquidated Damages $0.00
Retention to be released $17,389.60
Alternatives for the City Council to consider:
1. Accept Project No. 96-03, Senior Center Parking Lot Expansion Project as
100% complete, as of July 15, 1997;
Authorize the City Clerk to file a Notice of Completion with the Office of the
County Recorder; and
Authorize staff to release retention in the amount of $17,390.00, 35 days after
recordation of the Notice of Completion.
2. Provide alternative direction.
sil $<
Chris A. Vog
Public Works Director/City Engineer
CAV/nn
000398
002
F:?VVDEpT\couNcIL\1
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BUSINESS SESSION:
COUNCIL?DA MEETING DATE: August 5, 1997 CONSENT CALENDAR:
ITEM TITLE: Approval of a Quit Claim Deed STUDY SESSION:
Extinguishing Restricted Access Rights Along State
Highway 111 for Eagle Hardware, S.D.P. 97-605 PUBLIC HEARING:
RECOMMENDATION:
Approve and execute the Quit Claim Deed extinguishing restricted access rights along
State Highway 111, and authorize the City Clerk to have the Deed recorded.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
At the July 1, 1997, City Council meeting, Site Development Permit 97-605 was
approved by the Council. This permit allows Eagle Hardware and Garden, Inc., to
proceed with development of their commercial facility adjacent to State Highway 111,
at the Washington Square site. The site plan approved by the Council authorizes two
points of access along State Highway 111. One access point is a right-in/right-out
only driveway entrance, near the west side of the development's frontage. The other
point of access will be from the future extension of La Quinta Center Drive.
City Council also extended Vesting Tentative Tract Map 27031 at the July 1 meeting.
Since no final map has been recorded for this project site, existing restrictions and
easements created by previously recorded maps remain valid. One of these
restrictions is abutters rights of access along State Highway 111, which were
dedicated and accepted by the Riverside County Board of Supervisors via Parcel Map
9618, recorded on January 26, 1979.
In order to provide legal access for the right-in/right-out driveway entrance on State
Highway 111, in accordance with the recently approved Site Development Permit 97-
605, abutters rights of access restrictions will have to be extinguished. A Quit Claim
Deed is provided which will relinquish the access restrictions along a portion of State
Highway 111, giving the right-in/right-out driveway entrance legal access to the
highway. Other portions of abutters rights of access retained by the City can be
extinguished through the recordation of future final maps.
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ing -> 17gALTERNATIVES:
1. Authorize the City Manager to execute the Quit Claim Deed, extinguishing restricted
access rights along a portion of State Highway 111, and authorize the City Clerk to
have the Quit Claim Deed recorded by the Riverside County Recorder.
2. Do not authorize execution of the Quit Claim Deed and direct Eagle Hardware and
Garden, Inc., to submit alternative site development plans which show access at
authorized locations along State Highway 111.
3. Provide staff with alternative direction.
Chris A. Vogt
Public Works DirectoriCity Engineer
Mf/
000402
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OF AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5, 1997 CONSENT CALENDAR:
ITEM TITLE: Approval to Award a Contract to STUDY SESSION:
Construct Improvements within the PM1O Street
Improvements Project Area Including Cal le Tampico PUBLIC HEARING:
Sidewalk Improvements, Project No. 97-01/97-04
RECOMMENDATION:
1. Declare the Granite Construction Company Bid for Project 97-01/97-04 as Non-
Responsive.
2. Authorize the Additional Appropriation in the Amount of $161,288 from the
City Financing Authority Civic Center Bond Proceeds).
3. Award a contract to Riverside Construction Company, in the amount of
$720,375.00, to construct improvements within the PM1O Street
Improvements Project Area Including Calle Tampico Sidewalk Improvements,
Project No.97-01/97-04.
FISCAL IMPLICATIONS:
Funding and sources currently available for this project are as follows:
Fund Sources assigned to this oroject) Account No.
Community Development Bock Grant 401-000-493-000 $197,491.00
CMAQIISTEA Funding 401-000-493-000 $410,000.00
General Fund 401-000-493-000 $ 70,000.00
Financing Authority 401-000-493-000 $ 20,000.00
SB 821 Funds 401-000-493-000 $ 25,000.00
City Infrastructure Fund 401-000-493-000 $51.780.00
Total: $774,271.00
Less Prior Expenditures: $37.454.79
Remaining Available Funding: $736,882.33
OQ408
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ing -> 17gBased on award of the project to the Riverside Construction Co., the following
summarizes the projects fiscal commitments:
Construction $720,375.00
Construction Management 44,980.00
Project OversightlAdministration 26,463.00
Design 24.239.00
TOTAL COMMITTED $816,057.00
Contingency $ 81,605.00
Grand Total $897,663.00
A difference in the amount of $161,288 exists and can be funded by City Financing
Authority Funds Civic Center Bond Proceeds).
BACKGROUND AND OVERVIEW:
On May 6, 1997, the City Council approved plans and specifications for PM1O Street
improvements, Project 97-01 and authorized staff to advertise the project for bids.
The PM1O Street Improvements include new pavement for Avenida Nuestra, Calle
Hueneme, Calle Jacumba, Calle Kalima, and Calle Iloilo. Also included is the ultimate
improvements to La Fonda from Washington Street to Desert Club Drive, and the
paving of the City Yard. By paving these facilities, dirt from existing streets will no
longer be a factor during wind storms. A storm drain system will also be installed
prior to the final pavement of all roadways.
The Engineers Estimate for the PM1O Street Improvements is $564,625.00.
On May 20, 1997, the City Council authorized Staff to receive bids for the Calle
Tampico Bicycle and Pedestrian Safe Route Project, Project 97-04.
On June 17, 1997, the City Council rejected the Contreras Company's bid of
$1 14,426.75 as non-competitive and authorized Staff to incorporate the project into
the PM-b Street Improvements Project in order to obtain a more competitive bid by
attracting more contractors with the larger project.
The Calle Tampico Bicycle and Pedestrian Safe Route Project is for sidewalks along
various portions of Calle Tampico between Eisenhower Drive and Washington Street.
The driving force behind this project is the new elementary school on Desert Club
Drive, just north of Calle Tampico. The project will also fill in several missing links of
sidewalk, and connect to the Bear Creek Channel Bike Path, as well as the Civic
Center.
The Engineers Estimate for the Calle Tampico Sidewalk Project is *76,780.00.000499
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ing -> 17gThere is an urgency involved with securing the funding grants for both projects.
CVAG has mandated that the PM1O Project be well under construction by September
1997 or the CMAQ/ISTEA Funding will be withdrawn. In addition, the City has
requested, and RCTC approved, a time extension to complete the Calle Tampico
Sidewalk Project. The new SB 821 Funding deadline is February 28, 1998.
FINDINGS AND ALTERNATIVES:
The following table illustrates the results of the bids received A detailed Bid Summary
Comparison is provided as Attachment 1):
BIDDER BID AMOUNT
Riverside Construction Company $720,375.00
Granite Construction Company Non-Responsive
The Granite Construction Company's Bid has been determined to be Non-Responsive
due to their lack of acknowledgment of Addendum No. 2. The City's Project
Specifications very clearly state: The Contractor is hereby notified: Addendum No.
2 must be acknowledged as stipulated under Section 1200-Bid. Failure to do so shall
result in the City designating said bid as Non-Responsive
Considering an award date of August 5, 1997, the following schedule Attachment
2) represents how the project would proceed:
Award Contract 08/5/97
Notice to Proceed 08/14/97
Construction Period 120 Consecutive Calendar Days) 08/15/97 12/13/97
Project Acceptance January 1998
Alternatives for the City Council to consider:
1. Declare the Granite Construction Company Bid for Project 97-01/97-04 Non-
Responsive.
Authorize the Additional Appropriation in the Amount of $161,288 from the
City Financing Authority Civic Center Bond Proceeds).
Award a contract to Riverside Construction Company, in the amount of
$720,375.00, to construct improvements within the PM1O Street
Improvements Project Area Including Calle Tampico Sidewalk Improvements,
Project No.97-01/97-04.
000410
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ing -> 17g2. Do not award a contract to construct improvements within the PM1O Street
Improvements Project Area Including Calle Tampico Sidewalk Improvements,
Project No.97-01/97-04. This alternative will likely have the effect of the City
losing the CMAQ/ISTEA Grant funds $410,000)and the SB 821 Funds
$25,000) due to an inability to meet mandated funding deadlines.
3. Provide staff with alternative direction.
Chris A. Vogt
Public Works Director/City Engineer
CAVIN N/as
Attachments:
1. Bid Summery Comparison
2. Project Schedule
OOO41?
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BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5, 1997 CONSENT CALENDAR: 5
ITEM TITLE: Approval of Project Plans and STUDY SESSION:
Specifications and Authorize Staff to Advertise and
Receive Bids for Project No. 97-06, Dune Palms PUBLICHEARING:
Road/Whitewater River Crossing
RECOMMENDATION:
* Approve project plans and specifications for Project 97-06, Dune Palms
Road/Whitewater River Channel Crossing, and
* Authorize staff to advertise for bids, Project 97-01
* Authorize an additional appropriation of $139,863.00 in Infrastructure
Funds to this project to meet the Engineers Estimate.
FISCAL IMPLICATIONS:
The following costs are identified within the 1996/1997 Capital Improvement Program
Budget for the Dune Palms Road/Whitewater River Channel Improvement Project:
Design $ 47,207.00
Technical $ 35,048.00
Construction $ 500,692.00
Reimburse General Fund/Personnel $ 24,110.00
Reimburse General Fund/SVC-SPLY $ 5.180.00
TOTAL: $ 612,237.00
LESS PRIOR EXPENDITURES: $ 44,354.43
REMAINING ESTIMATED COSTS: $ 567,882.57
The Engineer's estimate for construction of the improvements is $682,600.
This project is funded as follows:
* Surface Transportation Program $266,000
* City Infrastructure Fund $276,737
Total $542,737
The identified difference, between the Engineers Estimate and the Funding Available,
of $139,863 is available from the City Infrastructure Fund.
F.'\PWDEPT\COUNCIL\1 97?7C8O6d?pd OOO41?
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ing -> 17gBACKGROUND AND OVERVIEW:
During the September 17, 1996 City Council Meeting, the City Council approved a
Professional Services Contract to the firm of Berryman & Henigar to design the Dune
Palms Road/Whitewater River Chanel Crossing.
The proposed project is a low water crossing and reconstruction of Dune Palms Road
from Highway 111 to the Whitewater River. The original crossing was washed out
in the winter of 1993. Also included within the improvement are signal modifications
at the intersection of Highway 111 and Dune Palms Road.
The project plans and specifications are now complete. Because the City Council is
not scheduled to meet again until September 1997, Staff is recommending that the
Project be authorized to receive bids. There are currently two permits, Army Corp of
Engineers and California Department of Fish and Game, that are pending. These
permits should be approved sometime prior to the next City Council Meeting.
FINDINGS AND ALTERNATIVES:
Upon approval by the City Council to advertise this project for bids, staff will begin
advertising this project. City staff is anticipating bringing a recommendation forward
for contract award at the City Council meeting scheduled for September 16, 1997.
Alternatives for the City Council to consider:
1. Approve project plans and specifications for Project 97-06, Dune Palms
Road/Whitewater River Channel Crossing.
Authorize staff to advertise for bids, Project 97-06, and
Authorize an additional appropriation of $139,863.00 in Infrastructure Funds
to this project to meet the Engineers Estimate.
2. Do not approve the project plans and specifications, do not authorize staff to
advertise the Dune Palms Road/Whitewater River Channel Crossing Project, and
do not authorize an additional appropriation of $139,863.00 in Infrastructure
Funds to this project to meet the Engineers Estimate. This alternative will have
the effect of delaying the project and possibly jeopardize the STP/ISTEA
Federal Funds.
3. Provide staff with alternative direction.
Chris A. Vogt
Public Works Director/City Engineer nir?)(\,419?
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August 5, 1 997 BUSINESS SESSION:
COUNCILIRDA MEETING DATE: CONSENT CALENDAR:
ITEM TITLE:
Approve Project Plans and Specifications and Authorize STUDY SESSION:
Staff to Advertise and Receive Bids For Fritz Burns Park
PUBLIC HEARING:
Improvements
RECOMMENDATION:
* Approve plans and specifications for Project No. 97-07, Fritz Burns Park
Improvements;
* Authorize staff to advertise and receive bids for Project No.97-07
FISCAL IMPLICATION:
The 1996/97 CIP budget has identified funding for this project as follows:
Community Project Fund $146,000
The preliminary cost estimate for this project is $130,132.
BACKGROUND AND OVERVIEW:
During the City Council meeting of May 6, 1997, the Council directed staff to return
to Council with a proposed conceptual design for the improvements. On July
1,1997, the City Council approved the conceptual design for improvements to Fritz
Burns Park and authorized staff to proceed with the preparation of construction
drawings and bid documents. These improvements as reviewed and recommended
by the Parks and Recreation Commission during their June 19,1997 meeting and
ratified by the City Council include:
Base Bid
* Installation of playground equipment including associated hardscape
improvements);
* Tennis Court resurfacing;
* Conversion of existing tennis courts 2) to Roller Hockey;
* Planting and Irrigation;
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ing -> 17gAdditive Alternates
+ Shade Structures at Play Area
* Tennis Court Fencing
* Play Matting
* Dasher Boards for Roller Hockey)
* Tubular Steel Perimeter Fence and Shrubs
This project will also coordinate the installation of an artistic created swing set and
slide within the play? area. Approval of the plans and specifications will provide the
City with design immunity under Government Code Section 830.6.
FINDINGS AND ALTERNATIVES:
The landscape architect's estimate of costs for these improvements is $130,132. A
proposed project schedule is as follows:
Project Award 9/1 6/97
Notice to Proceed 10/1/97
Construction Period 60 days) 10/1 12/1
Acceptance of Improvements 12/16/97
Alternatives for the City Council to consider.
1. Approve plans and specifications for Project No. 97- 7, Fritz urns ar
Improvements and authorize staff to advertise and receive bids for Project No.
97-07.
2. Do not approve plans and specifications for Project No.97-07, Fritz Burns Park
Improvements and authorize staff to advertise and receive bids for Project No.
97-07.
3. Provide staff with alternative direction.
Chris A. Vogt
Public Works Director/City Engineer
090417
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Aug ust 5,1997 BUSINESS SESSION.
COUNCIL?RDA MEETING DA?E:
CONSENT CALENDAR: if
ITEM TITLE:
STUDY SESSION:
Authorization for the Planning Manager to attend the
American Planning Association Annual Conference in PUBLIC HEARING:
Monterey, October 12-15, 1997
RECOMMENDATION:
Approve the request for the Planning Manager to attend the American Planning
Association APA) Annual Conference.
FISCAL IMPLICATIONS:
The Fiscal Year 1997/98 Budget allocated $2,600 for staff to attend APA conferences.
Affendance at the conference is estimated to be $1,038.00 based on the following costs:
Registration $300.00
Hotel registration $375.00
Travel $138.00
Meals $225.00
TOTAL $1,038.00
These funds are budgeted in the Travel and Meetings Account for the Community
Development Department 101-401-637-000).
BACKGROUND AND OVERVIEW:
Staff has budgeted and attended this conference in years past. The Planning Manager will
obtain updated information on Local and State Planning and CEQA issues. The
information relative to the conference is attached for your information Attachment 1).
*OOO41?
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ing -> 17gFINDINGS AND ALTERNATIVES:
1. Approve the request for the Planning Manager to attend the APA Conference.
2. Deny the request.
Attachment:
1. APA Conference information
000419
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ing -> 17g * AGENDA CATEGORY:
BUSINESS SESSION:
COUNcIL?DA MEETING DATE: August 5, 1997 CONSENT CALENDAR:
ITEM TIILE: STUDY SESSION:
Authorization for Overnight Travel for Council Member PUBLIC HEARING:
Henderson, City Clerk, Public Works Director/City Engineer,
and Assistant City Manager 0 Attend the League of
California Cities Annual Conference in San Francisco,
October 12-14, 1997
RECOMMENDATION:
Approve request for overnight travel for Council Member Henderson, City Clerk, Assistant
City Manager and Public Works Director/City Engineer to attend the Annual League of
California Cities Conference.
FISCAL IMPLICATIONS:
Estimated costs are as follows:
Registration $250
Lodging $415
Meals $135
Transportation $200
TOTAL $1,000
Funds are budgeted in Accounts 101 101-637-000, 101 102-637-000, 101-201-637-000,
and 101-451-637-000.
BACKGROUND AND OVERVIEW:
On October 1 2-14, 1997, the League of California Cities' Annual Conference will be held in
San Francisco. The preliminary agenda, a copy of which is attached, indicates a variety of
sessions of value to both elected officials and city staff.
FINDINGS AND ALTERNATIVES:
1. That City Council authorize the overnight travel as outlined; or
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ing -> 17g AGENDA CATEGORY
BUSINESS SESSION
COUNCILIRDA MEETING DATE: August 5, 1997 CONSENT CALENDAR
ITEM TIThE: STUDY S?SSION
PUBLIC HEARING
Approval of Overnight Travel for the Community Safety
Manager to Attend the Disaster Recovery: Earthquake)
Class, Offered by California Specialized Training Institute,
Orange County, CA., October 6-10, 1997
RECOMMENDATION:
Approve the overnight travel for the Community Safety Manager to attend the
Disaster Recovery Earthquake class.
FISCAL IMPLICATIONS:
The costs associated with the attendance at the class will be funded through the
Emergency Service Travel, Training & Meetings fund, account #101-355-637-000.
The breakdown of estimated expenditures for this class are as follows:
* Registration $ 250
* Meals 50
$ 300
BACKGROUND AND OVERVIEW:
This course will improve the ability of the City to deal with damages and cost
recovery after a major earthquake. Please see the attached page for a course
description.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council are:
1. Approve the overnight travel for the Community Safety Manager to attend the
Disaster Recovery: Earthquake class.
2. Deny the request for overnight travel.
I
Tom Hartung,Buildin?and Safety Director *00C42?
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL?DA MEETING DATE: August 5,1997 CONSENT CALENDAR
ITEM TIThE: STUDY SESSION
Approval of Overnight Travel for a Code Compliance PUBLIC HEARING
Officer to Attend a Training Class Given by Southern
California Association of Code Enforcement Officials, Inc.
Monterey, CA., September 3-4, 1997
RECOMMENDATION:
Approve the overnight travel for a Code Compliance Officer to attend the California
Association of Code Enforcement Officials Annual Education Seminar.
FISCAL IMPLICATIONS:
The costs associated with the attendance at the class will be funded through the
Code Compliance, Training & Meetings fund, account #101-352-637-000. The
breakdown of estimated expenditures for this class are as follows:
* Registration $ 275
* Meals 1 50
* Travel 110
* Auto Expense 60
* Hotel 200
$ 795
BACKGROUND AND OVERVIEW:
This course will improve the skills and abilities of the Code Compliance Officer in the
performance of his duties and ensure that our Code Compliance Department is
operating within any new legal requirements. Please see the attached page for a
course description.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council are:
1. Approve the overnight travel for the Code Compliance Officer to attend the
California Association of Code Enforcement Officials educational seminar.
2. Deny the request for overnight travel.
OOr'?4?9
Tom Hartung, Building nd Safety Director
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5, 1997 CONSENT CALENDAR:
ITEM TITLE: Approval of Parcel Map and Subdivision STUDY SESSION:
Agreement for Parcel Map 28422, Lapis Energy
Organization PUBLIC HEARING:
RECOMMENDATION:
Approve the Parcel Map and Subdivision Agreement for Parcel Map 28422.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Shown in Attachment 1, this property is located on the south side of Highway 111,
east of Dune Palms Road adjacent to the Desert Sands Unified School District
Administration Center. Included as Attachment 2, is the Improvement Agreement and
the subdivision bonds. This property is being developed to construct an alternative
fuel filling station, a self storage facility and other commercial facilities as approved
in the Site Development Permit.
FINDINGS AND ALTERNATIVES:
The developer has submitted a final map in substantial compliance with the tentative
map, Subdivision Improvement Agreement and improvement security and has
otherwise satisfied conditions precedent to approval of the final map.
City Council alternatives are:
1. Approve the final map and SIA and authorize staff to execute the documents.
Chris A. Vogt
Public Works Director/City Engineer
HG/hg Of)??43t
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BUSINESS SESSION:
COUNCILIRDA MEETING DATE.. August 5,1997
CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Approval of a recommendation from the Art in Public PUBLIC HEARING:
Places Commission for the appropriation of an
additional $5,600 from the APP Fund to cover the cost
of adding a center pole to the artwork swing set)
RECOMMENDATION:
Approve the recommendation of the Art in Public Places Commission, and authorize the
appropriation of the funds from the Art in Public Places Fund.
FISCAL IMPLICATIONS:
An amount of $5,600 would be appropriated from the APP Fund Account #701-000-255-
210).
BACKGROUND AND OVERVIEW:
On December 17,1997, the City Council approved the construction and installation of an
art piece by Art Fernandez. Since that time, Mr. Fernandez, in conjunction with his
engineer and with the City's approval, designed and constructed his art piece based on the
specifications received from staff. As the Fritz Burns Park plans have been finalized and
Mr Tim Maloney has started working on the project, it was discovered that additional work
would be required to meet State requirements. This work consists of an additional eight
inches being added to the top support beam and a center pole to divide the two sets of
swings. The cost of the additional work is due primarily to the additional materials that are
needed to carry out the design theme of the artwork and not lose the effect of the palm
trees Attachment 1).
Staff took this recommendation to the Art in Public Places Commission at a special meeting
on July 30, 1997, and based on staffs recommendation, the Commission unanimously
approved Commissioner Kennedy being absent) the additional funds.
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ing -> 17gFINDINGS AND ALTERNATIVES:
1. Approve the recommendation of the Art in Public Places Commission and authorize
the appropriation of $5,600 for the additional work.
2. Deny the request and provide direction to the Art in Public Places Commission.
Attachments:
1. Letter and drawing showing the additional work.
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ing -> 17g AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5,1997 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Approval of a recommendation by the Art in Public
Places Commission for a final design of the artwork to PUBLIC HEARING:
be installed at the proposed Eagle Hardware and
Garden project; authorization for the City Manager to
sign the contract between the City, Eagle Hardware &
Garden, Inc., and Jeffrey Fowler; and issuance of a
credit to Eagle Hardware & Garden, Inc., toward their
APP Fees in an amount not to exceed $43,000
RECOMMENDATION:
Approve the artwork design for the two eagles and previously accepted landscape area as
recommended by the Art in Public Places Commission, authorize the City Manager to sign
the contract, and instruct staff to issue a credit to Eagle Hardware & Garden, Inc. in an
amount not to exceed $43,000.
FISCAL IMPLICATIONS:?
The Building and Safety Department has determined the APP fees to be $53,555.64. The
applicant is intending to utilize his Art in Public Places fees for the design and construction
of the artwork. As the cost of the artwork exceeds the fees owed, the applicant will pay the
difference into the APP Fund.
BACKGROUND AND OVERVIEW:
At the City Council meeting of June 17,1997, Council reviewed a design concept for
artwork to be installed at the Eagle Hardware & Garden store on Washington Street. Part
of the approval required the applicant to submit the final design for the artwork for APP and
Council review. Since that meeting, the applicant has signed a contract with Mr. Jeffrey A.
Fowlerto design, construct, and install two eagles within the previously approved landscape
area. The first eagle is under construction and a picture is attached Attachment 1). The
second eagle is not yet under construction, but will resemble the first except perched on a
rock.
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ing -> 17gThe Art in Public Places Commission held a special meeting on July 30,1997, to consider
the final designs for the proposed artwork. On a unanimous vote with Commissioner
Kennedy absent) the Commission recommended approval of the eagle design along with
the landscape setting Attachment 2).
FINDINGS AND ALTERNATIVES:
Options available to the City Council are:
1. Approve the design as submitted; authorize the City Manager to sign the contract;
and instruct staff to issue a credit to Eagle Hardware & Garden, Inc. in an amount
not to exceed $43,000.
2. Deny the design and return the project to the APP for an alternate design.
3. Provide direction to staff
Attachment:
1. Eagle Hardware and Garden artwork
2. Landscape design
caH.o1 1
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ing -> 17g REPORTS & INFORMATIONAL ITEMS:
HUMAN SERVICES COMMISSION
MINUTES
JUNE 18, 1997
I. CALLTOORDER
A regular meeting of the Human Services Commission was called to order on Wednesday,
June 18, 1997 at 7:00 p.m. in the La Quinta Civic Center Study Session Room.
Chairperson Irwin presided and led the Pledge of Allegiance.
ROLL CALL:
MEMBERS PRESENT: Chairperson Barbara Irwin
Vice Chairperson Victoria St. Johns
Commissioner Joan Rebich
Commissioner Kay Wolff
MEMBERS ABSENT: None
STAFF PRESENT: Tom Hartung, Building & Safety Director
Diane Aaker, Senior Secretary
II. CONFIRMATIONOFAGENDA
No changes.
III. PUBLIC COMMENT
No comments.
IV. CONSENT CALENDAR
A. Approval of Minutes May 21,1997
On motion of Vice Chairperson St. Johns, seconded by Commissioner Wolff, and
carried unanimously, the minutes of the Human Services Commission meeting of
May 21,1997 were approved.
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ing -> 17g B. Department Report
Director Hartung reminded Commissioners of the Special City Council Meeting on
June 26, 6:00 p.m. to fill Commissioner openings and a budget workshop at 2:00
p.m. It was further mentioned that grant proposals will be reviewed by the Cultural
Commission or Parks and Recreation Commission.
V. PUBLIC HEARING None
VI. BUSINESS ITEMS
A. Discussion: Summer Meeting Schedule
Commissioners discussed the summer meeting schedule. Due to the members
vacation schedule, the next Commission meeting will be on July 23,1997, 7:00
p.m., no meeting in August, and will resume the regular meeting schedule on
September 17,1997, 7:00 p.m.
B. Discussion: Election of Officers
Chairperson Irwin reminded Commissioners that according to the handbook that
elections are scheduled for September. Staff will check the City Council Handbook
to determine the date for election of officers and inform them.
C. Commissioner Review of Work Plan
Director Hartung reported that the City Council adopted the proposed Work Plan
with one minor addition to the Youth" element. Establish liaison for each school
site in the City," was the recommended addition.
Director Hartung mentioned that the City Council was very complimentary and that
Councilmember Henderson suggested a liaison for each school site and all
Councilmembers agreed.
The Commissioners recommended that school principals be the liaisons. The
Commissioners also agreed that each member be assigned as contact person to
each school following appointment of new members. The addition to the Youth"
element of the Work Plan was approved. Chairperson Irwin asked that the Work
Plan be finalized and distributed.
Commissioner Wolff mentioned establishment of a Youth Accountability Board,
since it is included the Youth" element of the Work Plan. There was discussion
about informing youth of consequences by utilizing speakers from the Chuckawalla
program. Vice Chairperson St. Johns noted that people in the program have only
a 4% incidence of re-offending. Vice Chairperson St. Johns also reported that the
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ing -> 17g Youth Accountability Board has funding, and Cynthia Baine is the contact person.
It was requested that Commissioners make themselves available for several days
of initial training in Riverside. The Commissioners would be the first group to
spearhead the program in the Coachella Valley. Commissioner Wolff mentioned
Enrique Guitierrez, as a volunteer, since he is involved with youth in Juvenile Hall
and is concerned about youth accountability. Other possible members would be
from Child Abuse Council, teachers, and law enforcement. Vice Chairperson St.
Johns will contact Cynthia Baine to determine training dates. There would be a
need to train approximately 60 people for the Board. Commissioner Rebich
mentioned that she could possibly convince a juvenile judge to be haisonladvisor
to the Board.
VII. CORRESPONDENCE AND WRITTEN MATERIALS
A. Information from Vice Chairperson St. Johns regarding Deserts Sands Unified
School District Board of Education Meetings
Vice Chairperson St. Johns submitted the summer schedule of school board
meetings to the Commissioners. There was discussion regarding assembling the
individual group notes from the workshop. Commissioner Wolff suggested that a
written packet would be helpful to present at the school board meeting.
Chairperson Irwin discussed the article written by a health teacher from Palm Desert
High School regarding how youth can protect themselves on dates. Chairperson
Irwin asked why there is not a similar program at La Quinta High School.
Commissioner Wolff suggested that the teacher be contacted regarding his classes
at Palm Desert High School.
Chairperson Irwin recommended that a letter be sent to the Editor of the Desert Sun
in appreciation for recent articles on youth employment and other youth related
concerns. It was moved by Vice Chairperson St. Johns/Wolff, and carried
unanimously, that Commissioner Rebich draft a letter to the Editor and submit to
Building and Safety for printing on City letterhead.
The Commission asked Director Hartung to invite the Parks and Recreation
Commission to join them at the school board meeting on July 15 at 7:00 p.m. to
share Youth Workshop results. The individual workshop notes will be assembled
to present at the meeting.
B. Press Release for Palm Desert Post regarding Red Cross Certified Babysitting
Course
A copy of the press release was received and filed.
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ing -> 17g C. Community Youth Workshop Notes from Commissioner Wolff
Received and filed.
VIII. COMMISSIONER ITEMS
Commissioner Wolff asked what the minimum age is for Commission appointment.
Director Hartung noted that a member must be at least 18 years of age, a La Quinta
resident and registered to vote. There was also mention of contacting Rad Dominguez-
DeWolif as a possibility to fill the Commission vacancy.
There was also discussion regarding negative impacts on high school students, i.e., drugs,
diseases, etc.
Vice Chairperson St. Johns submitted a list from the newspaper of opportunities to
volunteer in the Coachella Valley for staff to keep on file. A card was also distributed for
the Youth Warm Line, to assist youth with problems, sponsored by Families Against Violent
Crime.
There was discussion regarding regular advertising of Kidsline in the Palm Desert Post.
Staff will determine if the article is printed on a continual basis. Councilmember Sniff noted
that approximately 40 positive responses have been received to the La Quinta page since
June 5.
Councilmember Sniff conveyed his appreciation to Chairperson Irwin for serving as
Chairperson on the Human Services Commission for the past three years.
Since it was Chairperson Irwin's final Human Services Commission meeting, she thanked
thanked Commissioners and staff for their assistance during her service.
IX. ADJOURNMENT
It was moved by Vice Chairperson St. Johns, seconded by Commissioner Wolff, and
carried unanimously, to adjourn to the next meeting on Wednesday, July 23,1997
at 7:do p.m. The meeting was adjourned at 8:20 p.m.
Next meeting topics are:
1 Election of Officers
2. Discussion: Work Plan Elements
3. Discussion: Results from School Board Meeting
c?& H?)
Dia?e Aaker
Senior Secretary
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ing -> 17g DEPARTMENT REPORTS: A?I
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, City Manager
DATE: August 5, 1 997
RE: Department Report-Response(s) to Public Comment
The following are responses to public comments made at the July 1 5, 1 997 City
Council meeting:
1. Mr. Jim Holub spoke regarding various problems associated with the music
festival/concert at the La Quinta Open-Air Museum formerly The Sculpture
Park")
* Staff contacted Mr. Holub and explained that future events would come
under closer scrutiny. Mr. Holub had no further concerns following
staff's contact with him.
2. Ms. Diana Garcia, representing the Desert Contractors Association spoke
regarding the La Quinta auto mall project.
* No response necessary
MEMOCCPUBL C14.97??pd
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ing -> 17g DEPARTMENT REPORTS:
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
DATE: AUGUST 5, 1997
SUBJECT: HEYWOOD COMPANY REQUEST TO ALLOW REMAINING TWO
BILLBOARDS AT THE WASHINGTON SQUARE SPECIFIC PLAN
ADJACENT TO HIGHWAY 111
The Heywood Company, Outdoor Advertising of California has requested that two of
the four remaining billboards on Highway 111 within the Washington Square Specific
Plan be retained until the property is developed and/or allow the billboards to be moved
to the northeast corner of Washington and 47th Avenue until that portion of the
property is developed. Attachment No.1) Two billboards have already been removed
at the Eagle Hardware site.
Since its adoption by the City Council in 1991, the Washington Square Specific Plan
has contained condition No.14 which reads:
No. 14 All billboards, and other advertising devices, along Highway 111 shall be
removed prior to issuance of first building permit for the project."
Condition No.14 to the Washington Square Specific Plan Amendment #2 was again
adopted by the City Council on July 1,1997 as part of the Eagle Hardware and Garden
approvals.
On July 1,1997 the City Council approved a Site Development Permit for Eagle
Hardware and Garden to build a 212,085 square foot commercial building within the
Washington Square Specific Plan a planned commercial multi-use center, located at
the southwest corner of Highway 111 and La Quinta Center Drive. The project has
received its grading permit and is working towards compliance with the conditions of
approval required to receive a building permit. Two billboards located on the Eagle
property have been removed; however two billboards located on other Washington
Square parcels remain.
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ing -> 17gAny action regarding amendment to the Specific Plan or the City's Sign Ordinance to
allow the existing billboards to remain will require Planning Commission and City
Council public hearings.
City staff is proceeding as required and thereby requiring compliance with Condition
#14 of the Washington Square Specific Plan Amendment #2 that all billboards within
the Specific Plan area be removed prior to the issuance of a building permit.
Alternatively, if the City Council deemed it appropriate staff could be directed to
amend the Washington Square Specific Plan to revise the condition to allow the
billboards within the Specific Plan to remain or be relocated until the areas where the
billboards are located) are developed; or amend the Sign Ordinance, Section 9.1 60.000
Prohibited Signs, to allow billboards.
002
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&
0
iI r'*
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JERRY HERMAN, COMUIUNITY DEVELOPMENT DIRECTOR
DATE: AUGUST 5, 1997
SUBJECT: DEPARTMENT REPORT
Attached please find a copy of the Community Development Status Report. These are the current
cases staff is working on that require action by the Planning Commission and/or City Council.
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ing -> 17g OF? AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5, 1997
CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Approval of Environmental Assessment 97-340,
General Plan Amendment 97-054, Zone Change 97- PUBLIC HEARING:
083, Specific Plan 121 E, Amendment #4, Tentative
Tract 28545, Site Development Permits 97-607 and
97-608, and Certificate of Appropriateness 97-003
Applicant: KSL Recreation Corporation and its
Assigns and various subsidiaries)
RECOMMENDATION:
1. Adopt City Council Resolution certifying a Mitigated Negative Declaration of
Environmental Impact;
2. Adopt City Council Resolution approving General Plan Amendment 97-054;
3. Move to take up Ordinance No. by title and number only and waive further
reading.
Move to introduce Ordinance No. on first reading for a Change of Zone
97-083;
4. Adopt City Council Resolution approving Specific Plan 1 21 E, Amendment #4,
subject to conditions;
5. Adopt City Council Resolution approving Tentative Tract 28545, subject to
conditions;
6. Adopt City Council Resolution approving Site Development Permit 97-607,
allowing construction of 11 9 resort residential units and a health spa, subject
to conditions;
7. Adopt City Council Resolution approving Site Development Permit 97-608,
allowing construction of an employee parking lot, subject to conditions;
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ing -> 17g8. Adopt City Council Resolution approving Certificate of Appropriateness 97-003,
which ensures that the proposed construction is appropriate for the existing
historic structures, subject to conditions
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
PREVIOUS CITY COUNCIL REVIEW:
The City Council reviewed this request at its meeting of July 1 5, 1 997. Based upon
the recommendation of the City Attorney, the City Council continued the request to
this meeting and instructed the applicant to restudy the proposal to address the
concerns raised by the surrounding neighbors.
REVISED PLAN AND DOCUMENTATION:
The applicant has revised the proposal for Site Development Permit 97-608 pertaining
to the golf course/hotel maintenance facility and employee parking lot. The
maintenance facility has been deleted from the proposal. A smaller employee parking
lot reduced from 292 to 244 spaces is still proposed on the south side of 50th Avenue,
east of Eisenhower Drive. The existing maintenance facility on Avenida Carranza
approved under CUP 96-024 will remain. Existing small storage areas around the resort
will continue to be used.
The employee parking lot will contain 244 spaces, and be located on 2.1 acres of land.
The eastern boundary of the lot will be across from the eastern boundary of the La
Ouinta Country Club Driving range, approximately 400 feet west of the existing Duna
La Quinta boundary wall. Future residential uses are indicated between the parking lot
and Duna La Quinta residences and to the south. The western access across from the
La Quinta Country Club entrance remains, with a second left turn in/right turn out only
access located 250 feet west of the east property line.
The plan indicates a meandering sidewalk and six foot high block wall with pilasters
on a two foot high berm, adjacent to 501h Avenue. Adjacent to the east boundary of
the parking lot, a matching block wall with pilasters is shown. A six foot high living
chain link fence is shown along the south boundary of the parking lot.
The applicant has submitted a document which addresses and responses to potential
project and environmental concerns raised in public meetings and private meetings
between the applicant and public Attachment 1). OOO45?
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ing -> 17g PROJECT REQUEST:
The specific request of the applicant is as follows:
1. Approval of Environmental Assessment 97-340, certifying a Mitigated Negative
Declaration of Environmental Impact see EA Resolution for Environmental
information).
2. Approval of General Plan Amendment from MDR Medium Density Residential
4-8 du. per acre) to TC Tourist Commercial) for approximately 14.8 acres
generally located on the west side of Avenida Obregon, south of Avenida
Fernando, and from LDR Low Density Residential 24 d.u. per acre) to TC
Tourist Commercial) for approximately 1 7.6 acres at the southeast corner of
50th Avenue and Eisenhower Drive.
3. Approval of a Change of Zone from RM Medium Density Residential 4-8 d.u.
per acre) to TC Tourist Commercial) for approximately 14.8 acres generally
located on the west side of Avenida Obregon, south of Avenida Fernando, and
from RL Low Density Residential 24 d.u. per acre) to TC Tourist Commercial)
for approximately 17.6 acres at the southeast corner of 50th Avenue and
Eisenhower Drive.
4. Approval of Amendment #4 to Specific Plan 1 21 E to update the plan and allow
new development and uses for the area comprising the La Quinta Resort, Santa
Rosa Cove, La Quinta Resort Golf Course, abutting tracts, and the southeast
corner of both Avenue and Eisenhower Drive.
5. Approval of Tentative Tract Map to divide approximately 62.5 acres into 132
lots for the area encompassing the La Quinta Resort and Club, located generally
west of Eisenhower Drive and south of Avenida Fernando.
6. Approval of Site Development Permit 97-607 to allow removal of seven tennis
courts, 1 8 hotel units, employee parking, and maintenance facilities and replace
with 11 9 resort residential" units and a health spa of approximately 1 9,400
square feet in the area generally located between Avenida Obregon and Calle
Mazatlan, south of the La Quinta Tennis Club and on the east side of Avenida
Obregon, across from the two existing sunken tennis courts.
7. Approval of Site Development Permit 97-608 to allow construction of a golf
course/hotel maintenance facility including a 14,600 square foot building and
parking lot for hotel and golf course employees on approximately 8.2 acres,
located on the south side of 50th Avenue, approximately 210 feet east of
Eisenhower Drive Maintenance facility has now been deleted from request).
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ing -> 17g8. Approval of a Certificate of Appropriateness to assure architectural compatibility
between historic structures and proposed construction, pursuant to Secretary
of Interior Standards for Historic Preservation.
SITE DESCRIPTION
The site consists of 638 + acres in the area generally north of the westerly extension
of Calle Tampico and west of Eisenhower Drive along with the southeast corner of 50th
Avenue and Eisenhower Drive. A small, privately owned property which is not a part
of this project is also contained within this area. Within the Specific Plan is the La
Quinta Resort and Club with 640 rooms and related convention and commercial uses.
Four housing developments are also contained within this area for a total of 454
residences. These developments consist of Santa Rosa Cove 334 residential units),
The Enclave/Mountain Estates 32 custom homes with 59 vacant lots), Los Estados
40 residential units), and Tennis Villas 48 units constructed with 200 residential units
approved). Recreational uses consist of a 18 hole golf course and part of a second
course, 25 swimming pools, 38 spas, and a tennis club.
The west and north boundaries are mountainous areas within the Hillside Conservation
Overlay District. The southeast corner of 50th Avenue and Eisenhower Drive is vacant
with the exception of two golf holes that are a part of the Dunes Golf Course.
PROJECT HISTORY
Specific Plan 121 E and Environmental Impact Report EIR 41) were approved by the
Riverside County Board of Supervisors prior to the City's incorporation. The plan
authorized 637 condominium units, 420 hotel units 76 rooms existed), a 27 hole golf
course with clubhouse and service facilities on 61 9 + acres. Subsequent amendments
were approved in 1982,1989, and 1995. The current approval allows 642 hotel units
and 1 558 residential units. This total number of units appears to be based on units
allowed per acre times the number of acres under the different residential densities.
The Specific Plan document provides a detailed description of the above information
and other pertinent facts.
DESCRIPTION OF PROJECT REQUEST
Specific Plan Amendment
The Specific Plan Amendment, in summary, sets the proposed distribution, location,
and extent of uses of land, utilities and infrastructure covered by the plan, and
provides implementation measures in the form of regulations and standards on a plan
and in a text. Prior to this Amendment request, this Specific Plan consisted of a map
exhibit without a text. The applicants have prepared this text to provide a complete
document.
004
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ing -> 17gThe Specific Plan area shows five different planning areas. There are two major areas
shown as future development which are under the ownership of the applicant or in
escrow. The first portion of Planning Area I) is the area generally located between
Avenida Obregon and Calle Mazatlan, south of the Tennis Club and on the east side
of Obregon, east of the two sunken tennis courts. A description of proposed
development follows in this report. The second area Planning Area II,) slated for
development, is at the southeast corner of 50th Avenue and Eisenhower Drive, where
an employee parking lot and future additional resort residential" units are proposed.
This area will not allow any commercial uses other than hotel rooms. Planning Area
Ill consists of Santa Rosa Cove, Los Estados, The Enclave, and several golf holes.
Planning Area IV consists of the majority of the golf holes. Planning Area V consists
of hillsides above 20% slope to the north and west. This area is vacant except for one
existing golf tee that is a part of the Mountain Golf Course and one residence.
General Plan Amendment
The General Plan Amendment proposed would redesignate all properties under the
applicant's ownership within the Specific Plan area, or a part of the hotel operations,
to TC RSP) or Tourist Commercial with a residential specific plan overlay. Generally
this change affects the residential portion of the southeast corner of 50th Avenue and
Eisenhower Drive presently designated Low Density Residential) and the land between
Avenida Obregon and Calle Mazatlan south of Avenida Fernando, presently designated
Medium Density Residential) with the exception of the existing Tennis Villas. This
includes the northeast corner of Camino Quintana and Calle Mazatlan which contains
six vacant postage stamp" lots that were originally intended to be developed with the
remaining six Tennis Villa units. This redesignation of Medium and Low Density
Residential to Tourist Commercial will require reducing the maximum residential density
allowed within the Specific Plan area from 1558 to 1436 dwelling units. The exact
number of units will be dependent on the plan approved through the Site Development
Permit and/or Tentative Tract Map. Also, changing the land use designation to TC will
allow the proposed residence to be used as hotel rooms.
Zone Change
The Zone Change request follows the General Plan Amendment request, rezoning the
redesignated sites to TC RSP) or Tourist Commercial with a resort residential specific
plan overlay. This would consolidate all the land utilized by the hotel into the Tourist
Commercial Zone.
Tentative Tract
The Tentative Tract Map proposes to subdivide the 82.5 acre hotel property west of
Eisenhower Drive into 1 32 lots. One hundred nineteen of the lots would be postage"
sized lots for the resort-residential" single family units proposed to be constructed.
00Q459 005
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ing -> 17gThe remaining lots consist of the various hotel and tennis facilities and common areas.
The property presently consists of 1 7 parcels of varying shapes and sizes.
The resort residential" lots will provide fee simple ownership lots for future resort-
residential owners. These lots will vary in size from 1,321 to 1,791 square feet and
include common open space, patios, and balconies.
Site DeveloDment Permit 97-607
This Site Development Permit will allow the development of a new 20,200 square foot
spa and 11 9 resort residential" single family detached units. In order to construct this
project, seven tennis courts, a maintenance building, 18 casitas units in six buildings
constructed in the 1 960?s) and employee parking areas will be removed. The area for
this construction consists of approximately 11.3 acres located between Avenida
Obregon and Calle Mazatlan, south of the Tennis Club and north of the three tennis
villas which front on Camino Quintana and the privately owned residence which fronts
on Avenida Obregon and on the east side of Avenida Obregon, east of the two sunken
tennis courts.
Proposed are 50 one bedroom units ground floor or over-parking units 840 or 81 5 sq.
ft.), 52 two bedroom units 1,535 sq. ft.), and 17 three bedroom units 1 900 sq. ft.).
Units can be rented in sizes varying from a one sleeping room to a full three bedroom
with kitchen. If all bedrooms were used for rentals, 205 rentals would be available
based on the proposed unit mix. One unassigned open, or carport parking space per
bedroom is proposed for a total of 205 spaces.
A portion of the existing Avenida Obregon, a private street that runs through the
middle of the site, will be removed in order to eliminate vehicular traffic through the
site and provide a pedestrian connection between the existing hotel and new
construction. The street will be cul-da-saced at the north end and at the south end
rerouted to the west where it will connect to Calle Mazatlan. Vehicular access to this
project will be provided from the north end of the street for the units on the east side
of Avenida Obregon. An access to this project is shown on Calle Mazatlan,
approximately 350 feet north of Camino Quintana for the remaining units, including
those adjacent to the southeast corner of the site.
The new houses are designed in an architectural style compatible with the original
hotel buildings. The one bedroom ground floor plan is one story in height 1 7 feet) with
the two and three bedroom units and over-parking one bedroom plan, two stories in
height 22 feet).The exterior materials and colors will match those used in the hotel
area. Building walls will be a smooth finish stucco, cream in color. The roof material
will be a mixed red color barrel tile, mudded and multi-stacked. Wood and metal trim
will be La Quinta True Blue". Exterior flooring materials will be saltillo tile and
stamped pavement in terra cotta blends and earth tones. The proposed landscaping of
this area will be a continuation of the existing hotel grounds. 006
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ing -> 17gThe residential clusters will be connected by wide walkways, that also serve as
emergency fire access roads. At terminus points and intersections, plazas of varying
size will be provided. The major oval" walkways and plazas will be in the area
between the resort spa and resort residential" units near the northeast corner of the
site.
The La Quinta Resort Spa Health Club) will contain approximately 20,200 sq. ft. of
floor space with a landscaped central courtyard and replace the existing 6,000 sq. ft.
spa facility. The Spa will be located at the north end of the resort residential"
replacing the sunken tennis court in the parking lot. Parking for any patrons who drive
to the Spa will be handled by Spa parking valets. Seventy-six parking spaces are
shown adjacent to the east side of Avenida Obregon for use by the Spa and Tennis
Club.
The Spa is designed in an architectural style similar to the hotel. Exterior materials and
colors will be the same as those used for the resort residential hQuses. A tower is
shown on the east elevation of the building to provide a backdrop for the adjacent
large plaza Plaza Grande). The height of this building is approximately 1 9 feet for the
one story area, 23 feet for the two story area, and 43 feet for the tower.
Site DeveloDment Permit 97-608
As noted earlier, a revised site plan has been submitted deleting the maintenance
facility. The majority of the current employee parking within the hotel area would be
moved to this site. The current lots would be replaced by the resort residential"
houses described above. The employees who presently park at the La Quinta Resort
Golf Course Clubhouse and Avenida Carranza maintenance facility will continue to do
so.
An east bound bus stop exists on 50th Avenue in front of this site. Land uses
surrounding the site are as follows:
North: La Quinta Country Club Clubhouse driving range
South: Vacant Residential land and golf course KSL Property)
East: Duna La Quinta Residences beyond KSL residential land
West: Vacant land and Santa Rosa Cove Residences across
Eisenhower Drive
Employee shuttle service, using the hotel's busses, will be provided between the
parking lot and new resort ballroom area. A shuttle staging location will be near the
west end of the parking lot. These shuttles will only travel north on Eisenhower Drive,
turn west on Avenida Fernando, and enter the hotel parking lot and unload next to the
ballroom.
007
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ing -> 17gNo conceptual landscaping plan for the employee lot has been submitted A six foot
high meandering, decorative block wall with pilasters is shown along 50th Avenue. A
six foot wide sidewalk which matches the meander of the wall is proposed.
Certificate of AoDropriateness 97-003
The City Historic Preservation Commission on June 1 9,1 997, accepted the La Quinta
Hotel Historic Resource Evaluation report, subject to conditions. One of those
conditions requires that adjacent to structures designated as historic by the evaluation,
the new resort residential units shall be one story in height. The plans submitted do
not reflect this requirement. Once a plan showing the specific locations of the historic
buildings is submitted, the site plan will need to be revised to reflect this requirement.
PUBLIC NOTICE:
This case was advertised in the Desert Sun on June 22, and July 1 5, 1 997. All
property owners within the project area and within 500 feet of the boundaries of the
project were mailed a copy of the public hearing notice for July 1 5, and this meeting.
A number of letters have been received regarding this request since July 1 5
Attachment 2). All correspondence received after this writing will be given to the City
Council at the meeting.
ENVIRONMENTAL REVIEW
The La Quinta Community Development Department has completed Environmental
Assessment 97-340 for this request pursuant to the guidelines for implementation of
the California Environmental Quality Act. Based upon this assessment, the project will
not have a significant adverse impact on the environment, most notably due to the
deletion of the maintenance facility on 50th Avenue, as shown on the revised plan
submitted as a result of the July 15, 1997, City Council meeting. Therefore, a
Mitigated Negative Declaration has been prepared and is recommended for
certification.
DISCUSSION OF THE ISSUES BY APPLICATION):
SDecific Plan 1 21 E. Amendment 4
Planning Area V, the hillside areas to the north and west, is conditioned to be
preserved as undevelopable open space. As allowed in the Hillside Regulations of the
Zoning Code, the applicant will be allowed to transfer 21 dwelling units 1 unit per 10
acres) for construction elsewhere. The Planning Commission is recommending the
applicant provide an easement for all the existing hillside areas to remain
undevelopable open space.
UO?46? oo?
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ing -> 17gWith the General Plan Amendment and Zone Change of 27.1 acres from Low and
Medium Density Residential to Tourist Commercial RSP), an accompanying decrease
in the allowable residential units should occur. This amounts to 74 units based on 18.5
acres of Low Density Residential land, and 69 units based on 8.6 acres of Medium
Density Residential land, for a total of 143 dwelling units. Therefore, rather than 1 558
units, a maximum of 1 41 5 dwelling units 1 558-1 43) plus the 21 units transferred
from the hillside totaling 1 436 units, should be changed to reflect this new number
in the Specific Plan text.
The existing Specific Plan allows a maximum of 200 Tennis Villas, of which 48 were
constructed within the hotel compound. The Villas area contains 85 of the proposed
11 9 *`resort residential? units creating a less dense environment.
The submitted Traffic Analysis contained in the Specific Plan Amendment Appendices
states traffic to this resort residential project will have vehicular access from the south
leg of Avenida Obregon which is being terminated in the project area. Presently, there
is an emergency only and pedestrian gate across Avenida Obregon, approximately
1 900 feet south of the southern project boundary. The applicant does not have
access control of this gate, and since it is for emergency and pedestrians only, vehicles
will need to access this area from Calle Mazatlan. Access to the parking lot on Calle
Mazatlan will require vehicles to enter through secured gates at either Avenida
Fernando or Calle Mazatlan 50th Avenue). Easements for their use will need to be
secured by the applicant, if not existing.
Site DeveloDment Permit 97-608
The new employee parking lot will eliminate many of the negative aspects of the
existing facilities in the resort. On site noise and traffic impacts from employees
private vehicles west of Eisenhower Drive will be reduced, while possibly increasing
peak resort related employee traffic on 50th Avenue.
As required by the General Plan, a noise assessment for the originally proposed
maintenance/parking facility has been prepared by the applicant addressing the noise
impacts expected on the adjacent existing residences to the east and future residences
to the south see Specific Plan Appendices). The report concludes the CNEL
Community Noise Equivalent Level or average noise) standards of the City's General
Plan will be complied with. However, the annoyance potential of the facility from
single events such as door slamming, starting and moving of the noisier equipment,
is considered significant. This type of noise impact is most often the source of
complaints from surrounding owners. The parking facility has been located further to
the west a total of 405 feet) which will help mitigate these types of impacts.
To comply with General Plan guidelines, the meandering wall along 50th Avenue
should be placed so that its average setback from the street right-of-way is 20 feet.
009
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ing -> 17gThe traffic impact study, as well as the Public Works Department, recommend the
westerly access 50th Avenue be redesigned to provide a safe turnaround for
rejected vehicles. The easterly gated entry on 50th Avenue should have a decorative,
solid metal gate to minimize noise and provide view restriction.
FINDINGS AND ALTERNATIVES:
Findings necessary to approve this request can be made and are contained in the
attached resolutions.
Alternatives available to the City Council are:
1. Continue the request to allow further review and study;
2. Approve the request as recommended by the Planning Commission and
amended by the applicant, by adoption of the attached resolutions; or
3. Deny the request. I
3;f? $&
JE??M?AN? Co 4\munity pevelopment Director
Attachments:
1. Environmental Assessment Support Documentation submitted by KSL
2. Correspondence received since July 1 5, 1 997
3. Revised site plan for SDP 97-608 large plan)
010
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ing -> 17g( NOTEXTPAGE
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ing -> 17g) NOTEXTPAGE
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12-14-1999-U01
10:28:11AM-U01
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AGENDA CATEGORY.'
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5,1997
CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Public Hearing on Zoning Code Amendment 97-056
prohibiting independent used vehicle sales, excluding PUBLIC HEARING:
new vehicle sales with associated used vehicle sales in
the Regional Commercial District
RECOMMENDATION:
Move to take up Ordinance by title and number only and waive further reading.
Motion to introduce Ordinance on first reading.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Due to concerns that were raised by the auto dealers, staff is recommending that
independent used vehicle sales, not associated with new vehicle sales, be prohibited within
the Regional Commercial Zoning District. This Zoning District is generally located on the
north and south sides of Highway 111. Under a Conditional Use Permit, independent used
vehicle sales will be allowed in the Commercial Park Zoning District only. Highway 111 is
designated within the Circulation Element of the General Plan as a Primary Image Corridor.
A Primary Image Corridor is defined as streets in the roadway network which are the urban
design statements of the City" To ensure the preservation of the existing, and future,
landscape and architectural image of this Corridor, as well as retaining the quality of
businesses the City is seeking, independent used vehicle sales should be prohibited.
Currently, the City has one used vehicle sales facility along Highway 111 approved by the
Planning Commission October 10,1995. The Conditional Use Permit expires on October
10,1997, unless a time extension is granted. Mr. Tom Suitt, owner of the property where
000697
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ing -> 17gthe used car lot is located, has been informed of the pending amendment and its affect on
his current use. He appeared before the Planning Commission at their meeting of July 22,
1997, and expressed his desire to obtain a time extension for his use before the new
amendment would go into effect. He has therefore, submitted a time extension request.
The Planning Commission will consider this request on August 12,1997. If the Council
adopts this amendment on August 5th, the second reading will occur on September 16th and
it will become effective 30 days thereafter, on October 16,1997. This would allow enough
time for the Planning Commission to consider Mr. Suiff's request before his permit expires.
The Planning Commission is recommending approval of Zoning Code Amendment 97-056.
Attached is the Ordinance which includes the Findings necessary to approve this Zoning
Code Amendment.
FINDINGS AND ALTERNATIVES:
The options available to the City Council are.
1. Adopt the attached?ordinance as recommended by the Planning Commission;
2. Modify the recommendation of the Planning Commission; or
3. Provide direction to staff.
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ing -> 17g AGENDA CATEGORY:
BUSINESS SESSION:
COUNCILIRDA MEETING DATE: August 5, 1997
CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Public Hearing to approve the First Amended PUBLIC HEARING:
Agreement for the Collection, Transportation, and
Disposal of Municipal Solid Waste by and between the
City of La Quinta and Waste Management of California,
Inc.; approval of the requested rate increase for
residential waste collection fees and direct charges for
residential properties to be added to the tax rolls
RECOMMENDATION:
Approve the amendments to the Waste Agreement by adopting City Council Resolutions:
1. Approve the First Amended Agreement for the Collection, Jransportation, and
Disposal of Municipal Solid Waste by and between the City of La Quinta and Waste
Management of California, Inc.;
2. Approve the requested rate increase for residential waste collection fees; and
3. Direct charges for residential properties be added to the tax rolls.
FISCAL IMPLICATIONS:
The proposed assessment includes the Waste Management requested rate increase of 1.1%
for the waste collection service fees, adding a temporary disposal reconciliation fee, and
maintaining the other fees as currently in effect.
The 1997/98 residential assessment for waste collection service fees are as follows:
Residential collection service fee $6.65
Dump fee which includes landfill closure) $2.09
Recycling program $0.59
AB939 Compliance $0.34
Transportation Fund $0.12
Disposal Reconciliation $0.13
TOTALMONTHLYCHARGE $ 9.92
TOTAL ANNUAL ASSESSMENT $11904
000703
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ing -> 17gBACKGROUND AND OVERVIEW:
On June 17,1997, the City Council considered various issues that had been raised by Waste
Management and staff. Among these issues was Proposition 218, Reconciliation, rate
increase, and collection time change. Direction was provided to staff to seek certain
amendments to the Waste Agreement and continue with the collection of the service fees as
part of the property tax. City staff has met with Waste Management of the Desert and both
have agreed to amending the Agreement as follows:
1. Include language that is similar to the Indian Wells Agreement relating to billing and
collection responsibilities, in the event the tax roll collection is not possible.
2. Allowing the 5:30 a.m. service start time.
3. Establish a refund provision for those residences choosing to have vacation status.
4. Allowing provisions for a smaller waste container to be distributed as a resident
option.
In addition, the rate schedule will be drafted to reflect the charge of $5.40 per month per
additional container for a second waste container.
The City Council has the opportunity to increase the waste service collection fees by a
maximum of $0.20. Of this $0.20, the residential collection service rate increase of 1.1%
represents a $0.07 monthly increase to the residential customer which is half of the
Consumer Price Index CPI) with the remaining $0.13 representing a monthly cost associated
with the disposal reconciliation amount Waste Management indicates the City owes.
The audit of the reconciliation request is currently underway and should be completed by the
September deadline established by the Council. Once the audit is completed, the City will
know the specific dollar amount of the reconciliation. This additional $0.13 per month will be
used in conjunction with part of the $8.50 recycling fee to pay this anticipated cost. Should
the $0.13 monthly fee be established and the audit shows the City owes no money to Waste
Management, staff will recommend that the established rates be reduced as part of the rate
setting process next year.
The City Attorney has drafted the necessary amendments to reflect the changes agreed
upon by the City and Waste Management and are contained in the attached resolution.
000002
000704
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ing -> 17gFINDINGS AND ALTERNATIVES:
The options available to the City Council are as follows:
1. Approve the requested increase and the modifications to the Waste Agreement by
adopting the Resolutions;
2. Decrease the rates below the requested amount $0.20 per month) and approve the
modifications to the Waste Agreement. Decreasing the fee request would require
alternate funding for the reconciliation amount;
3. Increase the rates above the requested amount. Increasing the rates would require
renotification of all property owners within the City of La Quinta and a new public
hearing conducted;
4. Deny the requested rate increase and maintain the charges as currently established
and approve the modifications to the Waste Agreement;
5. Continue the public hearing and refer the matter back to staff with direction.
000003
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