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2003 03 18 CC001, , OF 9 City Council Agendas are available on the City's Web Page @ www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, March 18, 2003 - 2:00 P.M. Beginning Res. No. 2003-017 Ordinance No. 381 I. CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, Mayor Adolph II. PUBLIC COMMENT At this time, members of the public may address the Redevelopment Agency on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. III. CLOSED SESSION - NONE NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. In addition, when the Agency is considering acquisition of property, persons identified as negotiating parties are not invited into the Closed Session Meeting. City Council Agenda March 18, 2003 RECONVENE AT 3:00 PM IV. PLEDGE OF ALLEGIANCE V. PUBLIC COMMENT At this time members of the public may address the Agency Board on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all City Council Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the Agency beginning consideration of that item. VI. CONFIRMATION OF AGENDA VII. PRESENTATIONS - NONE Vill. WRITTEN CORRESPONDENCE - NONE IX. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MARCH 4, 2003 X. 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 FOR MARCH 18, 2003. 2. TRANSMITTAL OF TREASURER'S REPORT FOR JANUARY 31, 2003. 3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORT FOR JANUARY 31, 2003. City Council Agenda Page 2 Lo March 18, 2003 4. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, (PSA) WITH DAVID EVANS AND ASSOCIATES FOR __. CONSTRUCTION _. MANAGEMENT SERVICES. FOR THE. CITY'S THIRD FIRE STATION NO. 93, PROJECT 2001-14. 5. APPROVAL OF AWARD OF CONTRACT TO H T E, INC. FOR PURCHASE AND IMPLEMENTATION OF FINANCIAL SOFTWARE APPLICATIONS. 6. APPROVAL OF A PURCHASE AND SALE AGREEMENT WITH THE MANNINOS FOR THE CITY'S ACQUISITION OF REAL PROPERTY LOCATED AT THE NORTH OF HIGHWAY 111 AND EAST OF ADAMS STREET AND IDENTIFIED AS A PORTION OF ASSESSOR'S PARCEL NO. 649-020-006, FOR THE PURPOSE OF ROADWAY IMPROVEMENTS - THE EXTENSION OF LA QUINTA DRIVE. 7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH REVENUE EXPERTS, INC. FOR SERVICES RELATED TO ADMINISTRATIVE CITATION PROCESSING. 8. APPROVAL OF FUNDING REQUEST FROM THE GREATER COACHELLA VALLEY SOAPBOX DERBY. XI. BUSINESS SESSION 1. CONSIDERATION OF FUNDING REQUEST BY THE VETERANS OF FOREIGN WARS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF AWARD OF CONTRACT TO CONSTRUCT PHASE II FRITZ BURNS PARK COURT IMPROVEMENTS, PROJECT NO. 2000-15A. A. MINUTE ORDER ACTION 3. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION OF JANUARY 28, 2003, APPROVING SIGN APPLICATION 2003-679 FOR A SIGN PROGRAM AMENDMENT TO ALLOW THE REPLACEMENT OF TWO MONUMENT SIGNS AND THE REMOVAL OF ONE MONUMENT SIGN, SUBJECT TO FINDINGS AND CONDITIONS, LOCATED WITHIN THE VON'S SHOPPING CENTER AT THE SOUTHWEST CORNER .OF WASHINGTON STREET AND HIGHWAY 111. APPELLANT: JIM SYMONS/CENSOURCE. A. MINUTE ORDER ACTION City Council Agenda Page 3 March 18, 2003 03 XII. STUDY SESSION 1. DISCUSSION OF ALTERNATIVE STREET ALIGNMENTS FOR THE JEFFERSON STREET PHASE II IMPROVEMENTS IN THE INDIAN SPRINGS NEIGHBORHOOD BETWEEN WESTWARD HO DRIVE AND WHITEWATER STORM CHANNEL. XI11. REPORTS AND INFORMATIONAL ITEMS 1. CITY COUNCIL AD HOC COMMITTEE REPORTS 2. CVAG COMMITTEE REPORTS 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (PERKINS) 4. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 5. C.V. MOUNTAINS CONSERVANCY (SNIFF) 6. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) 7. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 8. MUSEUM EXPANSION COMMITTEE (ADOLPH /SNIFF) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (R. TYLER) 11. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE (HENDERSON) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. HISTORIC PRESERVATION COMMISSION MINUTES FOR FEBRUARY 20, 2003. 17. ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MINUTES OF FEBRUARY 5, 2003 18. PLANNING COMMISSION MINUTES FOR FEBRUARY 11, & 25, 2003. 19. CULTURAL ARTS COMMISSION MINUTES OF FEBRUARY 13, 2003. 20. COMMUNITY SERVICES COMMISSION MINUTES OF FEBRUARY 10, 2003. XIV. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY MONTHLY REPORT FOR FEBRUARY, 2003 5. COMMUNITY DEVELOPMENT MONTHLY REPORT FOR FEBRUARY, 2003 A. REPORT REGARDING PARTICIPATION IN THE JUDGING OF THE WASTE TO WONDERS CHALLENGE, APRIL 11-17, 2003 AT THE RIVER IN RANCHO MIRAGE AS REQUESTED BY S.C.R.A.P. 6. COMMUNITY SERVICES MONTHLY REPORT FOR FEBRUARY, 2003 7. FINANCE DIRECTORS REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S MONTHLY REPORT FOR FEBRUARY, 2003 9. POLICE CHIEF'S MONTHLY REPORT FOR FEBRUARY, 2003 10. FIRE CHIEF'S QUARTERLY REPORT - NONE 04 City Council Agenda Page 4 March 18, 2003 XV. MAYOR AND COUNCIL MEMBER'S ITEMS -NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. XVI. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time. XVIL PRESENTATIONS XVIII PUBLIC HEARINGS - NONE For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing or may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of, the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on April 1, 2003, commencing with closed session at 2:00 p.m. and open session at the conclusion of the 3:00 p.m. City Council Business Session in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda Page 5 March 18, 20030 J DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, March 18, 2003, 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 Stater Bros. 78-630 Highway 111, on Friday, March 14, 2003. DATED: March 14, 2003 JU . GREEK, CIVIC, City erk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk's Office at 71177-7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda Page 6 March 18, 2003 06 COUNCIL/RDA MEETING DATE: MARCH 18, 2003 ITEM TITLE: Demand Register Dated March 18, 2003 RECOMMENDATION: Approve Demand Register Dated March 18, 2003 BACKGROUND: Prepaid Warrants: 53031 - 530791 101,482.84 53080 - 530991 142,252.32 Wire Transfers) 114,325.92 P/R 10459 - 10542) 118,468.77 P/R Tax Transfers) 33,611.59 Payable Warrants: 53100 - 532551 5289897.28 $1903%038.72 FISCAL IMPLICATIONS: Demand of Cash - City $869,737.72 Demand of Cash -RDA $1691301.00 Falconer, Pinanice Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 07 CITY OF LA QUINTA BANK TRANSACTIONS 2/26/03 - 3/12/03 2/28/03 WIRE TRANSFER - DEFERRED COMP $8,688.12 2/28/03 WIRE TRANSFER - PERS $11,695.80 2/28/03 WIRE TRANSFER - CREDIT UNION $5,942.00 3/05/03 WIRE TRANSFER - RDA ESCROW $88,000.00 TOTAL WIRE TRANSFERS OUT $114,325.92 P ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:27AM 03/12/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 53100 03/12/03 &01946 ROBERT AINSWORTH POOL CON 20.00 53101 03/12/03 &01947 THE CLEANING CONNECTION 45.00 53102 03/12/03 &01948 CORTEZ & ASSOCIATES 10.00 53103 03/12/03 &01949 RICK DRIESBACH 31.00 53104 03/12/03 &01950 SUGARLOAF OF SO CALIF 15.00 53105 03/12/03 &01951 VANTAGE POINT FINE ART 15.00 53106 03/12/03 &01952 DON JOHNSON 4.00 53107 03/12/03 &01953 FELIPA BROCKMAN 50.00 53108 03/12/03 &01954 DESERT SPRINGS CHURCH 300.00 53109 03/12/03 &01955 SHEL DILLER 50.00 53110 03/12/03 &01956 BERTHA GALVEZ 4.00 53111 03/12/03 &01957 ROLAND SMITH 25.00 53112 03/12/03 &01958 JAMES WELLS 23.00 53113 03/12/03 &01959 KATHY WENGERT 30.00 53114 03/12/03 &01960 RONALD FRIEDLI 3.00 53115 03/12/03 &01961 NANCY FUKADA 56.00 53116 03/12/03 &01962 R & Z COMPANY 50.00 53117 03/12/03 &01963 KELLIE LUNA 200.00 53118 03/12/03 4IM100 4IMPRINT 184.45 53119 03/12/03 ABL001 ABLE RIBBON TECH 468.78 53120 03/12/03 ACE010 ACE HARDWARE 149.13 53121 03/12/03 ACT100 ACT GIS INC 10830.00 53122 03/12/03 ACT200 THE ACTIVE NETWORK 1072.12 53123 03/12/03 ADT100 ADT SECURITY SVC INC 486.66 53124 03/12/03 ALC050 BOB ALCALA 56.00 53125 03/12/03 AME001 AMERICAN INDUSTRIAL SUP 612.53 53126 03/12/03 AME175 AMERICAN FORENSIC NURSES 21.00 53127 03/12/03 AME200 AMERIPRIDE UNIFORM SVCS 54.97 53128 03/12/03 APP200 APPLIED WASTE MGMNT INC 1000.00 53129 03/12/03 AUT030 AUTOMATED TELECOM 82.50 53130 03/12/03 AVA100 AVAYA INC 1249.65 53131 03/12/03 BEA100 BEAUMONT MOTORCYCLES, LLC 409.67 53132 03/12/03 BEN350 BENYA LIGHTING DESIGN 2400.00 53133 ** AP CHECK RUN VOID ** 53134 03/12/03 BER150 BERRYMAN & HENIGAR INC 38500.00 53135 03/12/03 BOG100 SHARON BOGAN 523.60 53136 03/12/03 CAD010 CADET UNIFORM SUPPLY 394.74 53137 03/12/03 CAL240 CALIFORNIA POOLS & SPAS 504.40 53138 03/12/03 CAP010 ROBERT CAPETZ 5000.00 53139 03/12/03 CAP050 ROSMARY HEIM CAPUTO 91.00 53140 03/12/03 CAR070 CARDIFF LIMOUSINE INC 1287.50 53141 03/12/03 CEN008 CENTEX HOMES 1000.00 53142 03/12/03 CEN050 CENTURY.CROWELL 1000.00 53143 03/12/03 CHE050 CHECKMATE EXCHANGE 171.78 53144 03/12/03 COA082 COACHELLA VALLEY WATER 23992.56 53145 03/12/03 COM015 COMPUTER U LEARNING CENTR 1631.25 53146 03/12/03 COM035 COMMERCIAL CLEANING 375.00 09 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:27AM 03/12/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 53147 03/12/03 COR150 CORPORATE EXPRESS 683.13 53148 03/12/03 CR0200 STEVE CROWELL 252.00 53149 03/12/03 CVA010 C V A G 2770.90 53150 03/12/03 DAN200 DANONE WATERS OF NORTH 36.68 53151 03/12/03 DAV010 MIKE DAVIS 200.00 53152 03/12/03 DEP150 DEPARTMENT OF JUSTICE 490.00 53153 03/12/03 DES018 DESERT ELECTRIC SUPPLY 2396.63 53154 03/12/03 DESO47 DESERT PHOTO LAB/STUDIO 33.06 53155 03/12/03 DES065 DESERT TEMPS INC 5898.18 53156 03/12/03 DIE050 DIETERICH POST 91.01 53157 03/12/03 DOU200 LES DOUGLAS 73.50 53158 03/12/03 DRE050 DREAM ENGINEERING INC 500.00 53159 03/12/03 DRIO05 DRIVER ALLIANT INS SVC 640.00 53160 03/12/03 DUN200 KATHY DUNHAM 732.20 53161 03/12/03 ENR100 ENRG FUEL USA INC 57.42 53162 03/12/03 ESR100 E.S.R.I INC 415.50 53163 03/12/03 EVA050 DAVID EVANS & ASSOC INC 4494.00 53164 03/12/03 EXP200 EXPRESS DETAIL 1295.00 53165 03/12/03 FAL050 JOHN FALCONER 48.45 53166 03/12/03 FEC100 F E C ELECTRIC INC 10582.49 53167 03/12/03 FED010 FEDERAL EXPRESS CORP 342.71 53168 03/12/03 FIR017 FIRST CHOICE SERVICES 439.03 53169 03/12/03 FRA010 MARNI FRANCISCO 200.00 53170 03/12/03 GAL050 GALL'S INC 78.21 53171 03/12/03 GCS010 GCS WESTERN POWER & EQUIP 1830.42 53172 03/12/03 GKA100 GK & ASSOCIATES 16737.50 53173 03/12/03 GMA100 GMA 3021.22 53174 03/12/03 GRE100 JUNE S GREEK 76.86 53175 03/12/03 HEG050 HEGGE ELECTRICAL 170.00 53176 03/12/03 HIL150 HILTON FARNKOPF & 3670.00 53177 03/12/03 HIN010 HINDERLITER, DE LLAMAS 1138.52 53178 03/12/03 HOA010 HUGH HOARD INC 269.36 53179 03/12/03 HOM030 HOME DEPOT 2753.94 53180 03/12/03 H00050 FAYE HOOPER 90.00 53181 03/12/03 HOR100 DODIE HORVITZ 200.00 53182 03/12/03 IDE050 IDEA ART 77.50 53183 03/12/03 INL200 INLAND POWER EQUIPMENT CO 69.85 53184 03/12/03 INT350 INTERNATIONAL PAVEMENT 31281.30 53185 03/12/03 JAS100 JAS PACIFIC INC 6704.00 53186 03/12/03 JOH2O0 JOHNSON POWER SYSTEMS 974.38 53187 03/12/03 KIN100 KINER/GOODSELL ADVERTISNG 5108.38 53188 03/12/03 KRI100 BRUCE KRIBBS CONSTRUCTION 8640.00 53189 03/12/03 LAQ057 LA QUINTA GOLF ESTATE 300.00 53190 03/12/03 LAQ100 LA QUINTA VOLUNTEER FIRE 1281.00 53191 03/12/03 LES020 JANELLE LESLIE 57.40 53192 03/12/03 LIV050 LIVING DESERT RESERVE 17.26 53193 03/12/03 L00010 LOCK SHOP INC 29.06 53194 03/12/03 LOR100 LORMAN EDUCATION SERVICES 558.00 53195 03/12/03 LUN050 LUNDEEN PACIFIC CORP 49505.08 10 4 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:27AM 03/12/03 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 53196 03/12/03 MEE100 WAYNE MEEDS 160.00 53197 03/12/03 MIT175 SVETLANA MITCHELL 84.00 53198 03/12/03 M00095 MOORE MAINTENANCE & 425.00 53199 03/12/03 MUN010 MUNI FINANCIAL SERV INC 3801.41 53200 03/12/03 NAT025 NATIONAL NOTARY ASSOCIATI 64.00 53201 03/12/03 NAT050 NATIONAL TRUST HISTORIC 115.00 53202 03/12/03 NEX010 NEXTEL COMMUNICATIONS 2648.18 53203 03/12/03 NIC101 NICKERSON & ASSOC INC 3316.76 53204 03/12/03 OFF005 OFFICE DEPOT INC 334.99 53205 03/12/03 PAL005 CITY OF PALM DESERT 4747.29 53206 03/12/03 PAL050 CITY OF PALM SPRINGS 54.00 53207 03/12/03 PAR030 PARKHOUSE TIRE INC 349.98 53208 03/12/03 PAR125 RACHEL PARRISH 133.00 53209 03/12/03 PER075 PERFORMANCE ABATEMENT SVC 8490.00 53210 03/12/03 PET005 CASH/PETTY CASH 162.66 53211 03/12/03 PIT100 NOEL PITTMAN 175.00 53212 03/12/03 PRI020 THE PRINTING PLACE 60.34 53213 03/12/03 PR0005 PROFESSIONAL SERVICE IND 124.00 53214 03/12/03 PRY050 FRED PRYOR SEMINARS 195.00 53215 03/12/03 RAS020 RASA - ERIC NELSON 1600.00 53216 03/12/03 RAS035 CHARLOTTE RASHMI-GRAFF 238.00 53217 03/12/03 RIE200 PAT RIENSCHE 1429.40 53218 03/12/03 RIV100 RIVERSIDE COUNTY SHERIFFS 3753.60 53219 03/12/03 RIV106 RIV CNTY SHERIFF TECHNICL 40399.00 53220 03/12/03 ROS010 ROSENOW SPEVACEK GROUP 37348.25 53221 03/12/03 RUT050 RUTAN & TUCKER 68364.25 53222 03/12/03 SAX100 SAXON ENGINEERING SERVICE 3500.00 53223 03/12/03 SCA050 SCAN/NATOA 50.00 53224 03/12/03 SIM020 JAMES E SIMON CO 708.54 53225 03/12/03 SOU007 SOUTHWEST NETWORKS, INC 3851.25 53226 03/12/03 SOU008 SOUTHWEST MOBILE STORAGE 216.20 53227 03/12/03 SOU009 SOUTWEST AQUATICS INC 350.00 53228 03/12/03 SOU011 SOUTH WEST PUMP/DRILLING 161.63 53229 03/12/03 SOU033 SOUTHERN CAL ASSOC CODE 180.00 53230 03/12/03 STA049 STAPLES BUSINESS ADVANTGE 1878.69 53231 03/12/03 ST0040 CAM STONE'S AUTOMOTIVE 717.18 53232 03/12/03 SUN075 SUNLINE TRANSIT AGENCY 416.75 53233 03/12/03 TER100 TERRA NOVA PLANNING & 7147.51 53234 03/12/03 TOL200 TOLL BROTHERS INC 500.00 53235 03/12/03 TOP010 TOPS'N BARRICADES INC 3721.48 53236 03/12/03 TRIO10 TRI LAKE CONSULTANTS INC 24427.00 53237 03/12/03 TRI100 TRI STATE LAND SURVEYORS 4425.00 53238 03/12/03 ULT150 ULTRA -RESEARCH 36.00 53239 03/12/03 UND010 UNDERGROUND SERVICE ALERT 77.00 53240 03/12/03 URB100 PETER URBON 5250.00 53241 03/12/03 VAL005 VALLEY ANIMAL CLINIC 160.00 53242 03/12/03 VAL020 VALLEY PLUMBING 4.04 53243 03/12/03 VAL200 VALLEY PARTNERSHIP 152.00 53244 03/12/03 VAN075 VANDORPE CHOU ASSOC INC 20503.69 11 ft� ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:27AM 03/12/03 CITY OF LA QUINTA BANK ID: DEF PAGE 4 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 53245 03/12/03 VID050 VIDEO DEPOT 12.16 53246 03/12/03 VON010 VON'S C/o SAFEWAY INC 19.99 53247 03/12/03 WAL010 WAL MART COMMUNITY 695.71 53248 03/12/03 WAL050 WALL STREET JOURNAL 14.64 53249 03/12/03 WAS011 WASTE MANAGEMENT OF THE 78.38 53250 03/12/03 WHE050 WHEELER'S 125.00 53251 03/12/03 WIN150 WINSOR FIREFORM 3892.80 53252 03/12/03 WIR100 WIRELESS WEST 131.45 53253 03/12/03 wooloo DEBBIE WOODRUFF 392.00 53254 03/12/03 XER010 XEROX CORPORATION 4062.37 53255 03/12/03 XER012 XEROX CORPORATION 674.29 CHECK TOTAL 528,897.28 12 qz '-I N M c lD .-1 � r+ N M V J1 LG F z M 0 (N -I \ M x U m m m m m m m U-) U-) Ln LO Ll O E4 E- N N N N N N N O O O o M O m () < N N N N N N N M M m F F F x< ca F F F F F F+ F F F ,%C a m M O O O O O, O O O O O O O 01 F O o O O O O o O O O O O O z (,a F z o O x a N c .--1 M '+ Ln O Ln N >+ O M Q a a 0 0 0 0 0 0 0 0 0 0 0 0 o O O o 0 0 o O o 0 a o m Lr w o m m ui m In w e o 0 o w �r m N W e x ,-4 W M W r 1 W '-+ E LO o Ln >O O > Q O O w a O a U m U U U a m H W H H H W W H .a �✓ a a a >o O Oa U) r4 U) a U) �4 U �4 F .4 F a a H Q a Q W FC E-F Q W< W r� W Q H Q H< H FT Q z F *4 F Z F z F z F .] F U) E4 U) F U) F .A E4 U) O (DO H O < O H O H O H O O O O O O U) O O W H p F U) F z F U) F U) F (n F U) F a F a F F Q F Rt O F a D w Z) M O W W .a O a H a m a4 ao m a m m m ao m an m p m p m a m U m 0 m U O H O O O O O O O O O O O z U z z z z z z z z z z z z z z z z z z z z z z z H UJ o w o W M w a w o w x w M W o w D w o w D w D w 44 > 44 > 44 > c= > w > w > w > w > cu > c" > c„ > w p W W W W W W W W w W w W v) a m m m m m m m m m m m w w U W \ H p m d o w m r' m a o 0 z z v .� r m rn m LO m c H p H O o r r % r H z lM N m l0 M o O o O O p o N N N N N H x a z a FC uo w w m O O w F m o 0 0 0 0 0 0 0 0 0 0 0 W o O o 0 0 0 o O o O o 0 act Cl 0 0 0 0 0 0 o Cl O o 0 p m (y) m r m l0 M H M N N N F z O O O O O O O O O O O O p o O O o O O O o O O O O O o o O O o O O O O O O o U o 0 o O O O O O O O O O -q -4 '--1 z O U z o a a w x H (� U z M a w w Q w z U o x 12-1 U Q � O w z z w (D U ac 1 U) z U) a0 O 1-+ Z U H a > F Q z O o o a w a H H z w w a co m a a Q I4 z Q w H Q z as U) U) CO O O < F a N 0 a (D FC F in Q p >H Of a U w m < 1� H z F z a u 0 z a a o co W z a U) W m a a p O x O H m Q O W W x W O U) z z F U a U) > p Ga p U) a4 cx F w w z 0 > �o r m rn O N M a Ln r M a LO U-) U') Ln � � O� rn rn rn rn m m m m 0)rn m rn 13 -4 U H O O O CD CDO CD Cl CD o CDO FC U �s �zs w w w us w w �s w w w Q V z l0 r N M CD OD r m %r U') t0 OD O a o F4 z M O N \ N M O W C7 w x U E-+ a Ca LO O M E-+ N O M E-+ O -4 M E-4 O ri M E-+ O r-i M H r i '-1 m H an O M H OD N N H LnO O !r1 H M E-+ O r-I M E-4 O r-I (M H m N N H to O /M H OD M H O O O O O O O O O O O O V1 d M d U1 M O Ln Ln O m to O O N O Z W a E- z D O Q M N O M LO O Ln O N OD H m r M N N c O OD O '� N Ln O Cl O O o o O 0 O 0 O 0 O 0 N c OD r M •-a O O N N M W O un W O H Ln z w o O N OD m rn V -4 o M OD O z0 a cn a H w U) W H O > z H a O O H E+ a a H 0 a 0 U z CO w W > 0 U) a U w Inc z D E74 w a s Q 0 H a 0 z w > U < L) cc z D [.4 w a a FC p H a 0 z w > m w z H Co aDo 00 z D C+u W a a Q H O E+ a 0 z w > H U) a D U w CC) z D fs+ w a a �. 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O O 1-1 � r-I ri 0 >4r 1 .-1 O O O O • a a 33 28 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:19PM 03/06/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 53080 03/06/03 ATT075 AT&T WIRELESS 103.82 53081 03/06/03 CCC100 C C AND COMPANY 517.20 53082 03/06/03 CIT050 CITY CLERK'S ASSOC OF CAL 395.00 53083 03/06/03 GAT030 GATEWAY COUNTRY 1750.00 53084 03/06/03 HEN050 TERRY HENDERSON 95.00 53085 03/06/03 IMPO10 IMPERIAL IRRIGATION DIST 4606.97 53086 03/06/03 IMP012 IMPERIAL IRRIGATION DIST 200.00 53087 03/06/03 KEN300 KENWOOD SILVER 419.53 53088 03/06/03 LAQ040 LA QUINTA CHAMBER COMMERC 240.00 53089 03/06/03 POW300 POWER PERSONNEL INC 584.00 53090 03/06/03 RCS100 RCS GRANT WRITING SYS 195.00 53091 03/06/03 ROD200 SIMON C RODARTE 48183.00 53092 03/06/03 SOU002 SOUL OF CHINA 281.85 53093 03/06/03 SOU010 SOUTHERN CALIF GAS CO 192.11 53094 03/06/03 SPRO10 SPRINT 744.97 53095 03/06/03 TER010 TERRA -CAL CONST INC 78407.00 53096 03/06/03 VER200 VERIZON 4712.92 53097 03/06/03 WAS035 WASTE MGMNT OF THE DESERT 142.82 53098 03/06/03 WEI050 MARK WEISS 211.00 53099 03/06/03 WIN050 WINDSHIELD PROS 270.13 CHECK TOTAL 142,252.32 v `I 29 z Q 1n r aD rn o r 1 ,� N M �-+ c Ln -� �o -4 r ,-4 OD -4 rn a o F z M O O W CD x< H Q co x W H E W H W H E W H W H E W F E W H E w E-F E w H E W H E W E-F E W H E W H E w H x W F E W H E W H E W H E W H a a OD 0 N E-F O N N O N O O O O O O O O 01 u) Ln r O ,D m r m M a Q1 a -w cl' O -4 M �!' r 1 O O M Ln Z W x >+ H Z D O r M 1--4 LO Ol M O Ln r r O N N 00 c N O lD Ln 00 0 O0 C1 W 1M M aD -4 1-1 N N N cr O O N Q� ra sr a (V OD O N O O O O O O r 01 O O C, CD ,-, r 1-4 1n 1n O) M O U') r L� 01 C7 O E- No w x cn w H O > z H z O H w H a U v) w � w o x a U) U) W a w a 3 � w o x a cn co W a w a> 3 a H o H a O C) z w w F U) ° a W H cn Q w aH o H a O o z W > U z wH w z U 40 a D z> z < a o H a O z w W H a E 0 U w W Y- o a Da E w Q H 0 H a O o z w > 2 w W E w H E-H H EU E o U u H W w x z O W x z> D a Q H 0 H a o 0 z w U > cn U H a H U w ►-1 w U > w U H a H U w .] w U > W U H a H U w a w U > w U H a H U w .a w U > w U H a H U w a w U > w U H a H U w a w U > w U H a H U w .a w U > w U H a H U w a w U > w U .. a H U w .a w U > 0 U a H U w> .a w Qow H O H a 0 0 Z w U z U w Z OCZ U a EOW F> w x z w a w < H a o H a Q O 3 0 a z W > a U) w w H W >O i z H o H p > z H a co E D z i14 ) (+) \D r N c LO M N M U) D O H a < > (/) D O H a Q > U) D O H a < > U) D O H a < > V) D O H a < > N r �o N 0 N O Ln Ln lD m r 4 N O Ln 00 r-i Ln v r-1 N O to 0 OD r -4 w r1 O an �o lD Ln r m -4 O Ln c M r dG ac a U) U H A4 4 z a < W ao a O O w H a O O (,j lD lD E D Lo Ln z M M lD �D H . z M M D to Lr) 0 U U r1 r1 o 0 r-i r4 M O O 1n a 1 W H a z in o a OI a U a z E-H 4+ W z O > O H Q U U) U) U) U) a a a a 3 3 H H Ln Lr) r r O o � Q O O 11n O O O m N Ln M N N N N m M O O M O O O ra M �,D to M M M M r-1 Ln O O O O O lD w �10 Ln w w w 10 w Ln M r � r r r r r r rn r r r r r rn O M N m m N N N N O cV N N N N O r w w lD lD w t.D lD w %D lD w w ko %.D rl -4 O -4 1-1 (M C' V' IT q' V' V' eT V' V' r-1 Ln O O O O 1n u,) Ln Ln O) Ln Ln 1n u-) Ln N N N O r-1 r-1 V' V' qw C w Q' C' -W V' C' r r-1 ri ri ri r-I r� r-1 r-i r-I r♦ H ri r-4 r-i r-1 ri 0 o O 0 0 0 0 0 0 0 0 0 0 0 0 0 r-1 r♦ r-1 r-1 r-1 ra ri r-1 r-1 Q' rt r♦ ri r-1 r-1 cf' a r.0 H H H H H F F H F F H U U) U) cn to U) U) U) to U) co cn H H H H H H H H H H H O z z z z z z z z z z z U 0 0 0 0 0 0 0 0 0 0 O O U) H H H H . 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O O O O O O O M 1-4 N O O O O O N U H a a a a CO a a 3 U) A o a w a a U 1--1 FC r.0 Q Q Q Q 0 U 0 0 0 a s W G] U a a a a a a a a a x CO U) M cn H > 31 �s Z lD r OD m O .--A N M • M M M M ,w a s a 96 H Z M O t7 Q W W W W w w W W E rC co E-+ H H H E•+ E-+ E-+ E-+ a a 0 .• r N M N O O O M N H ( 1 c c N �D O O Z W E- Z r N -4 rLO =) N qw .-i r W r v r �+ O (N N a N N O M 0) OD O N N �- O ,4 �r r r N N a a U U a a a s Z E 4 � U) &4 Z .ZU E- Q H H H O a O O H H H U H U U U O O W W a H a > > > x H H a w w a a cn co 0 Im 0 > a 0 U U 4 Z U W W W Z W W Z x x Z U Z H U) Z Z Z W a a w U U W H W > W> 0 � z z> 0 0> v) a+ w a U U a s > w W U 14 N N H O -4 N O W m N O m a) N > I > fYl O 1-4 r U1 Lr) r Z Z E O M N O u7 a O r lD H Z lD lD x N �--� LO LO 0 H x Q Z a ao w m x I O O w H cx o 0 0 0 0 o N o W O O O O O O (N Lr) Ci O O O O O O co �D E U7 U7 Ln OD m Lr) LO Ol Z M M M N c O O . I lD lD lD w N lD 1D lD E+ Z M M a U-) LO -4 1-1 O N O O O r+ r r o r U') U r� O O -I .-i O O O O -4 -4 N (N 4 c --1 Lt ) H H p4 O: W W C/) U) W W 0 Im M W W o x x O H H Ln Cf) a w w O Q O O a I H H w H E E v) U) a a Z F-i H W Im H Z Z Z E W W H OI ON O N 3 S O N W W En z w< O a x x cn vHi a s `� H cn z > > > 3 3 3 H w W Z O > 0 0 0 U7 V) 0 0 O O O O O M M U7 U-) U) 0>-4 N N N O O O O O U H a Qz a u) U) H H Z U H W w W < a w W H Q U > > > 3 3 3 3 3 N (M N N N a Q H O E- H Z W E a 17 %./ 32 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:51AM 02/27/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 53031 02/27/03 &01945 BARBARA LIND 40.00 53032 02/27/03 ABE001 JACQUES ABELS 150.00 53033 02/27/03 BECO10 DEBORAH BECHARD 50.00 53034 02/27/03 BOB100 BILL BOBBITT 50.00 53035 02/27/03 BOU100 MICHELE BOUDREAU 50.00 53036 02/27/03 BRO100 SHELDON BRODSKY 50.00 53037 02/27/03 BUT010 RICHARD BUTLER 150.00 53038 02/27/03 CAL167 CALPERS LONG-TERM CARE 26.31 53039 02/27/03 CAL245 CALIF PUBLIC EMPLOYEES 44767.02 53040 02/27/03 CAL285 CA WORKERS COMP INSTITUTE 21.00 53041 02/27/03 CAL300 GARY CALHOUN 50.00 53042 02/27/03 CIT025 CITICORP VENDOR FINANCE 138.05 53043 02/27/03 COA080 COACHELLA VALLEY WATER 7950.32 53044 02/27/03 COA081 COACHELLA VALLEY WATER 17325.00 53045 02/27/03 CON017 DEBRA CONRAD 750.00 53046 02/27/03 CUN100 DENNIS CUNNINGHAM 50.00 53047 02/27/03 DAN200 DANONE WATERS OF NORTH 153.70 53048 02/27/03 DAV010 MIKE DAVIS 50.00 53049 02/27/03 HEM200 NICOLAS P HEMES 50.00 53050 02/27/03 IMPO10 IMPERIAL IRRIGATION DIST 15532.94 53051 02/27/03 IMP012 IMPERIAL IRRIGATION DIST 200.00 53052 02/27/03 IRWO20 BARBARA IRWIN 50.00 53053 02/27/03 KIN100 KINER/GOODSELL ADVERTISNG 1800.00 53054 02/27/03 KIR010 TOM KIRK 150.00 53055 02/27/03 LAQ050 LA QUINTA CITY EMPLOYEES 556.29 53056 02/27/03 LEW010 TOM LEWIS 50.00 53057 02/27/03 LOU100 ELSE LOUDON 50.00 53058 02/27/03 MAN100 MANCHESTER GRAND HYATT 2769.15 53059 02/27/03 MOR200 KURT MORTENSON 50.00 53060 02/27/03 MOU100 DONALD J MOULIN 50.00 53061 02/27/03 OLA100 MILTON OLANDER 50.00 53062 02/27/03 POW300 POWER PERSONNEL INC 4643.28 53063 02/27/03 PUE050 MARIA L PUENTE 50.00 53064 02/27/03 REY050 ELAINE REYNOLDS 50.00 53065 02/27/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 53066 02/27/03 ROB150 STEVE ROBBINS 150.00 53067 02/27/03 ROS030 DUNCAN ROSEME 70.00 53068 02/27/03 SAL075 JOSE SALDANA 65.00 53069 02/27/03 SHA050 ARCHIE SHARP 50.00 53070 02/27/03 STA044 DARREN STANLEY 62.50 53071 02/27/03 STJO10 VICTORIA ST JOHNS 50.00 53072 02/27/03 TH0200 DAVID THOMS 50.00 53073 02/27/03 TIM075 TIME WARNER CABLE 876.74 53074 02/27/03 TYL050 ROBERT T TYLER 375.00 53075 02/27/03 UNIO05 UNITED WAY OF THE DESERT 171.00 53076 02/27/03 UNIO06 UNITED WAY OF THE DESERT 950.00 53077 02/27/03 VER200 VERIZON 163.04 38 33 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:51AM 02/27/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 53078 02/27/03 WRI050 ROBERT S WRIGHT 50.00 53079 02/27/03 YOU050 LINDA YOUNG 50.00 CHECK TOTAL 101,482.84 33 34 z Ln N O l0 '-+ M H �D r r r 00 110 N N N 00 00 co N N a O F z M O r N .-+ x U C� C7 C7 C� C� C7 C7 rn rn rn C7 U U O W F E E E E m rn m £ E C9 Q W W W W W W W rn m m W W W £ QO, ca F F F F F F F F F F F F F rn M •• O O O O O O O •-i �O �D O O �n O F O O O O O O O M l0 M O O O z w F z O O O O O O 00 A C' U*) Ln Ln u-) Ln Ln N r OD CV Un m �+ 0 a � O O O O O O O i N O 0 O O O O O O O m O O O 0 0 o H O 0 0 O cn r E-H H O LO Lnz u' "' o a `� v' 14 .z w z w E-i❑ a a 04 o £ 4w W a w O O H E- 0 U U H E+ U U co U U £ F A a s a ❑ a a a a a r7 Q a > a E rC U Q z Q U Q cn Q < c7 2 a Q Q w RC 0G r� z cn F E-H > F < F > F F F E F a E+ A F F W F W O cn O O O cn O a O cn O m O O O 1 O co cn O 04 0 to O cn W H < E-+ O F F F F Q F O F • F z z F E U E+ a >+ F >+ S4 H H 0 �+ W H a, U w 0 0: E+ a U w F a a a (D W. 4J a a U w E+ w a o ff O z 0 H O w o H O FC O z 0 cn O a a 0 O H O > (x A A Ho z A F A z❑ % A Ho •4 ❑ Q Q A Cn A z A a z U z z z z o z H z o z o z z z ❑ z U U z m z a z W H (n O W z W E W x W £ W F W z w W H H W W W X W H W w > > x > U > > a > < > a > o o > x > X: > a Q w a o a o 0 a w w a o 0 U) o: a U r� U U a a£ 3 U U (4 w U W M M M M M M M Cl H A 0.' 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PAID NUMBER NAME DESCRIPTION. 52099 DEF 12/01/02 77.22 WAS011 WASTE MANAGEMENT OF THE COLLECTION SVC 52099 DEF 12/01/02 65.60 WAS011 WASTE MANAGEMENT OF THE COLLECTION SVC TOTAL VOIDED 142.82 wi 41 A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 53020 DEF 12/31/02 337.50 USB100 US BANK TOTAL VOIDED 337.50 09:08AM 02/26/03 PAGE 1 INVOICE DESCRIPTION ADMIN SVC AD 88-1 47 42 A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 52931 DEF 02/06/03 148.75 CIT025 CITICORP VENDOR FINANCE TOTAL VOIDED 148.75 INVOICE DESCRIPTION COPIER LEASE 09:06AM 02/26/03 PAGE 1 43 5 w OF AGENDA CATEGORY: �� COUNCIL/RDA MEETING DATE: March 13, 2003 Transmittal of Treasurer's Report as of January 31, 2003 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated January 31 2003 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. espp6yfully submitte n M. Falc&nef, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta 49 ATTACHMENT 1 T a 0 ,it4t 4 a(P Qumraj MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for January 31, 2003 DATE: March 5, 2003 Attached is the Treasurer's Report for the month ending January 31, 2003. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash $810,573 $12,610,030 (1) $13,420,603 $12,610,030 LAIF $14,478,739 4,196,418 18,675,157 4,196,418 US Treasuries (2) $57,811,616 33,988 57,845,604 33,988 US Gov't Agencies (2) $14,989,208 7,898,348 (3,000,000) (28,636) 19,858,920 4,869,712 Commercial Paper (2) $0 0 0 Mutual Funds $7,827,297 1 7,457,627 369,670 7,457,627 Total $95 917 433 $24 704 796 $10 457 627 $5 352 $110,169,954 $14 252 521 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. the City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. 3 s o3 Date Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. = �n Le � a d �5 g=� U N U u, U. 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E E E E W g www www www cM dmdc m� c m� d!—d c - � �= c c c 0 3 c c c c- C C m_ J7 CITY OF LA QUINTA BALANCE SHEET 01131103 ASSETS: TOTAL ASSETS LIABILITIES: TOTAL LIABILITIES EQUITY -FUND BALANCE POOLED CASH LORP INVESTMENT IN POOLED CASH INVESTMENT T-SILL/NOTES d OTHER AUTO MALL CASH LORP CASH BOND REDEMPTION CASH BOND RESERVE CASH BOND PROJECT CASH BOND ESCROW CASH PETTY CASH CASH i INVESTMENT TOTAL INVESTMENT IN LAND HELD FOR RESALE ACCOUNTS RECEIVABLE PREMIUMIDISCOUNT ON INVESTMENT LORP-ACCOUNTS RECEIVABLE INTEREST RECEIVABLE LOANINOTES RECEIVABLE DUE FROM OTHER AGENCIES DUE FROM OTHER AGENCIES - CVAG CVAG ALLOWANCE DUE FROM OTHER GOVERNMENTS DUE FROM OTHER FUNDS DUE FROM RDA INTEREST ADVANCE -DUE FROM RDA ADVANCES TO OTHER FUNDS NSF CHECKS RECEIVABLE ACCRUED REVENUE FIXED ASSETS ACCUMULATED DEPRECIATION TRAVEL ADVANCES EMPLOYEE ADVANCES PREPAID EXPENSES RECEIVABLE TOTAL CITY CITY RDA RDA FA FIXED LONG TERM FIXED LONG TERM FINANCING LONG TERM GRAND CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL 1,377.317.51 0.00 0.00 30,118,874.87 0.00 0.00 7.281.36 0 DO 31.503 473 74 0.00 0.00 0.00 590,000.00 0.00 000 000 000 590.000 00 48,DD0,000.00 0.00 0.00 0.00 0.00 0.00 000 000 48.000.000 00 0.00 0.00 0 DO 0.00 0.00 0.00 1.103.83 0.00 0.00 0.00 0.00 1.10383 0.00 0.00 0.00 4,539.66 0.00 0.00 339.77 000 4.879 43 0.00 0.00 0.00 0.00 0.00 000 0.00 000 0 DO 0.00 0.00 0.00 30.314.941.94 0.00 0.00 0.10 000 30.314.942 04 0.00 0.00 0.00 0.00 0.00 0.00 000 000 000 1.200.00 0.00 0.00 0.00 0.00 0.00 000 000 1.20000 49,375,517 51 000 0.00 61.029.460 30 0.00 000 7,62123 0 DO 110.415.599 04 0.00 0.00 0.00 000 0.00 0.00 0,00 000 000 138.167.21 0.00 0.00 60.900.00 0.DO 000 0 DO 0 DO 199.067 21 (97.820.43) 0.00 0.00 (147.825 00) 000 0.00 000 000 (245.645 43 0.00 0.00 000 51.905.94 0.00 0.00 000 000 51.905 94 220,844.75 0.00 0.00 000 0.00 000 000 000 220.844 75 (59.06) 0.00 0.00 13.215.683 11 0.00 0.00 000 000 13.215.624 05 1,164,702.00 227,833.02 1.392.535 02 2299.096.69 0.00 0.00 0.00 0.00 0.00 000 2.299.096,69 (2.299,096.69) (2.299.096 69) 30.600.37 0.00 0.00 0.00 0.00 000 000 000 30.600 37 0.00 0.00 171,662.53 0.00 0.00 0.00 000 171,66253 8.497.550.20 0.00 0.00 0.00 0.00 0.00 000 000 8.497.550 20 4,805.901.33 0.00 0.00 0.00 0.00 0.00 0.00 000 4,805.901 33 1,100,000.00 2.808,329.35 3.908.329 35 3.648.86 0.00 0.00 0.00 0.00 0.00 000 000 3.64886 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 308.622,199.00 308.622.199 00 1,018.482.90 0.00 1.018.482 90 0.00 0.00 0.00 0.00 000 0.00 000 000 000 0.00 0.00 0.00 0.00 0.DO 0.00 000 000 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 16.882,018.13 308,E 2,199.00 6.00 15.388,48 .95 0.00 0.00 0 00 0 DO 341.89 WORKER COMPENSATION DEPOSIT 148.445.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 140.445.00 RENT DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UTILITY DEPOSITS 75.00 0.00 0.00 0.00 0.00 000 0.00 0.00 75.00 MISC. DEPOSITS (951.79) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (951 79) DEPOSITS TOTAL 14 68.21 0.00 0.00 0.00 0.00 0.00 000 0.00 147.568 21 GENERAL FIXED ASSETS 0.00 0.00 0.00 0.00 52,094.306.00 000 000 000 52,094.306 00 ACCUMULATED DEPRECIATION 0.DO 000 000 AMOUNT AVAILABLE TO RETIRE LIT DEBT 0.DO 0.00 0.00 0.00 0.00 0.00 0.00 000 000 AMOUNT TO BE PROVIDED FOR LIT DEBT 0.00 0.00 1,694,231.51 0.00 0.00 160,998,172.00 000 7,475.000 00 170,167.403 51 TOTAL OTHER ASSETS 0.00 0.00 1.694,2 1.51 0.00 52,D94.306.00 160.998.1 2.00 0 DO 7,475.000.00 222,261.709 51 66.408,103.85 308,622.199,00 1,694,231.51 77.417.949 25 52.094.306.00 160.998,172 00 7.621 23 7.475,000 00 674,717.582 84 ACCOUNTS PAYABLE 14,144 54 0.00 0.00 0.00 0.00 0.00 000 000 14,144 54 DUE TO OTHER AGENCIES 949.388.54 0.00 0.00 0.00 0.DO 0.00 0.00 0.00 949,388 54 DUE TO OTHER FUNDS 171,662.53 0.00 0.00 1,919,917 95 0.00 000 0.00 0.00 2.091.580 48 INTEREST ADVANCE -DUE TO CITY 2,808.329.35 0.00 0.00 12.483,537.00 0.00 0.00 0.00 000 15.291.866 35 ACCRUED EXPENSES 0.DO 0.DO 0.00 000 0.00 0.00 0.00 0.00 000 INTEREST PAYABLE 0.00 0.00 0.00 95,538.44 95.538 44 PAYROLL LIABILITIES 94,799.78 0.00 0.00 0.00 0.00 000 0.00 0.00 94.799 78 STRONG MOTION INSTRUMENTS 3,699.56 0.00 0.00 0.00 0.00 0.00 O.DO O VO 3.69956 FRINGE TOED LIZARD FEES 74.040.00 0.00 0.00 0.00 0.00 0.00 000 000 74,040 DO SUSPENSE (77,981,55) 0.00 0.00 0.D0 0.00 000 0.00 000 (77.98155) DUE TO THE CITY OF LA QUINTA 0.00 0.00 0.00 0.00 0.00 0.DO 000 0.00 000 PAYA13LES TOTAL 4, 38,082.75 0.00 600 14.498,993.39 0.00 000 coo 000 18.537.076 14 ENGINEERING TRUST DEPOSITS 1.400.00 0.00 0.00 0.00 0.00 0.00 0.00 000 1,40000 SO, COAST AIR QUALITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 LORP DEPOSITS 0.00 0.00 0.00 17.097.00 0.00 0.00 0.00 0.00 17.097 00 DEVELOPER DEPOSITS 1,040,626.29 0.00 0.00 18.014.50 0.00 0.00 0.DO 0.00 1.058.640 79 MISC DEPOSITS 439,718.66 0.00 0.00 25.000.00 0.00 0.00 0.00 0.00 464,718 66 AGENCY FUND DEPOSITS 1,497,938.14 0.00 0.00 0.00 0.00 000 0.00 0.00 1.497,935.14 TOTAL DEPOSITS 2,979.683.09 0.000.00 60,111,50 0.00 0.00 000 U.-003.039,794.59 DEFERRED REVENUE 1,164.702.00 0.00 0.00 11,079,695.08 0.00 0.00 0.00 0.00 12.244.397 08 OTHER LIABILITIES TOTAL 1.164.702.00 0.00 0.00 11,079.695.08 0.00 0.00 0.00 0,00 12.244.397 08 COMPENSATED ABSENCES PAYABLE 0.00 0.00 422.197 92 0.00 0.00 0.00 0.00 000 422.197 92 DEVELOPER AGREEMENT 0.00 0.00 743.722.59 0.00 000 000 000 0.00 743.722.59 DUE TO THE CITY OF LA QUINTA 0.00 0.00 528,311.00 0.00 0.00 0.00 0.00 000 528,311 00 DUE TO COUNTY OF RIVERSIDE 0.00 0.00 0.00 000 0.00 2.250.000 00 000 0.00 2.250.000 00 DUE TO C.V. UNIFIED SCHOOL DIST. 0.00 0.00 0.00 0.00 000 8,063.172,00 000 000 8,063.172.00 DUE TO DESERT SANDS SCHOOL DIST. 0.00 0.00 0.00 0.00 000 000 0.00 000 000 BONDS PAYABLE 0.00 0.00 0.00 0.00 0.00 150,685,000.00 0.00 7.475,00000 158,160.000.00 TOTAL LONG TERM DEBT 0.00 0.00 1,694,231.51 0.00 0.00 160.998,172.00 _ ' 0.00 7,475.000 00 170.167.403 51 8,182,467.84 0.00 1,694,231.51 25,638.799.97 0.00 160.998.172.00 0.00 7,475.000.00 203.988,671.32 58,225.636.01 308.622,199.00 0.00 51,779,149.28 52.094,306.00 0.00 7.621.23 0.00 470,728.911.52 TOTAL LIABILITY 3 EQUITY 66,408,103.85 308.622.199.00 1,694231.51 77,417,949.25 52,094.306.00 160.998.172.00 7.621.23 7,475.000.00 674,717.582.54 (0.00) 0.00 0.00 (0.00) 0.00 0.00 0.00 0.00 (0 00) CASH 3 INVESTMENT TOTAL 110,41509.04 PREMIUMIDISCOUNT ON INVESTMENT 124R 64s 43► TOTAL 110,169,953.61 53 10 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: CONSENT CALENDAR: 3 ITEM TITLE: March 18, 2003 STUDY SESSION: Transmittal of Revenue and Expenditure Report for January 31, 2003 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: PUBLIC HEARING: Transmittal of the January 31, 2003 Statement of Revenue and Expenditures for the City of La Quinta. pecX Ily submitto, Jdhn M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, January 31, 2003 59 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2002-1/31/03 FUNDS BUDGET RECEIVED RECEIVED General $17,450,426.13 $9,625,531.63 55.20% Library 623,100.00 7,770.08 1.20% Gas Tax Revenue 569,900.00 325,523.12 57.10% Cmaq/Istea 595,235.00 0.00 0.00% Federal Assistance 164,800.00 0.00 0.00% Assessment District 2000-1 0.00 5,019.92 0.00% Slesf (Cops) Revenue 102,487.12 100,795.44 98.30% Local Law Enforcement 28,300.00 24,818.71 87.70% Lighting & Landscaping 829,700.00 416,959.33 50.30% Quimby 33,400.00 4,137.54 12.40% Crime Violent Task Force 94,881.35 66,473.40 70.10% Infrastructure 61,700.00 39,145.53 63.40% Village Parking 0.00 0.00 0.00% South Coast Air Quality 23,281.00 10,018.17 43.00% LQ Public Safety Officer 2,300.00 2,182.31 94.90% Interest Allocation 0.00 154,136.05 0.00% Capital Improvement 44,463,393.22 8,681,663.28 19.50% Lq Norte Capital Improvement 0.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Equipment Replacement 333,148.00 318,275.23 95.50% Information Technology 176,164.00 170,926.69 97.00% Arts In Public Places 104,000.00 97,456.55 93.70% Transportation 572,100.00 737,245.02 128.90% Parks & Recreation 271,500.00 242,551.33 89.30% Civic Center 213,300.00 200,169.60 93.80% Library Development 130,400.00 111,632.88 85.60% Community Center 53,600.00 49,389.06 92.10% Street Facility 8,500.00 11,010.42 129.50% Park Facility 2,700.00 2,522.41 93.40% Fire Protection Facility 48,700.00 44,792.75 92.00% Library Development (County) Facility 204,000.00 200,000.00 98.00% La Quinta Financing Authority 688,130.00 485,536.96 70.60% RDA Project Area No. 1 30,087,205.00 14-1851,486.91 49.40% RDA Project Area No. 2 14,979,354.00 7,394,373.73 49.40% Total $112 916 804.82 $44 381 544.05 39.30% G0 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2002-1/31/03 FUNDs BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET % EXPENDED General $18,705,934.77 $6,563,148.22 $78,025.93 $12,064,760.62 35.1% Library 0.00 0.00 0.00 0.00 0.0% Gas Tax 569,900.00 332,441.62 0.00 237,458.38 58.3% Cmaq/Istea 595,235.00 0.00 0.00 595,235.00 0.0% Federal Assistance 164,825.00 0.00 0.00 164,825.00 0.0% Proposed Assessment District 142,657.21 150.00 0.00 142,507.21 0.1% Slesf (Cops) Revenue 100,287.12 88,757.55 0.00 11,529.57 88.5% Local Law Enforcement 0.00 0.00 0.00 0.00 0.00A Violent Crime Task Force 40,000.00 10,472.84 0.00 29,527.16 26.2% Lighting & Landscaping 829,700.00 483,991.69 0.00 345,708.31 58.3% Quimby 135,826.35 5,629.35 0.00 130.197.00 4.1 % Infrastructure 3,343,089.00 894,977.07 0.00 2,448,111.93 26.8% Village Parking (1,892.85) 0.00 0.00 (1,892.85) 0.0% South Coast Air Quality 0.00 2,684.69 0.00 (2,684.69) 0.0% Lq Public Safety Officer 0.00 0.00 0.00 0.00 0.0% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 44,463,392.26 8,681,663.27 17,054.43 35,764,674.56 19.5% Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 0.0% Urban Forestry 1,100.00 0.00 0.00 1,100.00 0.0% Equipment Replacement 352,567.00 76,181.45 0.00 276,385.55 21.6% Arts In Public Places 472,261.00 257,809.13 0.00 214,451.87 54.6% Transportation 1,302,363.17 697,795.20 0.00 604,567.97 53.6% Parks & Recreation 5,391,927.00 2,491,201.21 0.00 2,900,725.79 46.2% Civic Center 568,518.00 143,815.83 0.00 424,702.17 25.3% Library Development 5,231,894.04 33,799.11 0.00 5,198,094.93 0.6% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Protection 1,500,000.00 0.00 0.00 1,500,000.00 0.0% ry County DIF 0.00 0.00 0.00 0.00 0.0% Information Technology 633,400.00 124,845.21 5,234.02 503,320.77 19.7% La Quinta Financing Authority 557,328.58 488,206.49 0.00 69,122.09 87.6% RDA Project Area No. 1 42,758,465.77 15,359,043.81 0.00 27,399,421.96 35.9% RDA Project Area No. 2 19,799,453.55 6,913.185.89 19,870.00 12,866,397.66 34.9% Total $147,658,231.97 $43,649,799.63 $120,184.38 $103,888,247.96 29.6% 61 CITY OF LA QUINTA 07/01/2002-1/31/03 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET • RECEIVED TAXES: Property Tax 535,600.00 346,671.38 188,928.62 64.730% No Low Property Tax Distribution 704,700.00 484,934.74 219,765.26 68.810% Document Transfer Tax 387,670.00 327,542.98 60,127.02 84.490% Sales Tax 3,800,000.00 1,909,681.02 1,890,318.98 50.250% Transient Occupancy Tax 3,610,100.00 1,347,097.40 2,163,002.60 38.380% Franchise Tax 560,000.00 250,917.42 309,082.58 44.810% TOTAL TAXES 9,498,070.00 4,666,844.94 4,831,225.06 49.130% LICENSE & PERMITS: Business License 175,100.00 94,760.70 80,339.30 54.120% Animal License 12,400.00 9,064.00 3,336.00 73.100% Building Permits 412,500.00 635,808.06 (223,308.06) 154.140% Plumbing Permits 89,400.00 99,431.34 (10,031.34) 111.220% Electrical Permits 68,000.00 105,052.23 (37,052.23) 154.490% Mechanical Permits 37,000.00 62,297.98 (25,297.98) 168.370% Misc. Permits 46,200.00 30,086.65 16,113.35 65.120% TOTAL LICENSES & PERMITS 840,600.00 1,036,500.96 (195,900.96) 123.300% FEES: Sale of Maps & Publications 1,200.00 1,111.17 88.83 92.600% Community Services Fees 187,350.00 118,505:35 68,844.65 63.250% Bldg & Safety Fees 357,950.00 555,850.44 (197,900.44) 155.290% Community Development Fees 258,400.00 124,975.73 133,424.27 48.370% Public Works Fees 468,550.00 497,373.77 (28,823.77) 106.150% TOTAL FEES 1,273,450.00 1,297,816.46 (24,366.46) 101.910% INTERGOVERNMENTAL Motor Vehicle In -Lieu 1,426,200.00 882,617.54 543,582.46 61.890% Motor Vehicle Code Fines 60,000.00 53,633.78 6,366.22 89.390% Parking Violations 45,000.00 41,772.47 3,227.53 92.830% Misc. Fines 10,000.00 10,908.05 (908.05) 109.080% AB939 145,000.00 34,253.13 110,746.87 23.620% County of Riverside Grant 0.00 0.00 0.00 0.000% State of California Grant 72,195.01 100,924.02 (28,729.01) 139.790% Fire servicesCredit 2,435,274.00 0.00 2,435,274.00 0.000% CSA152 Assessment 150 000.00 189,703.25 (39,703.25) 126.470% TOTAL INTERGOVERNMENTAL 4,343,669.01 1,313,812.24 3,029,856.77 30.250% INTEREST 1,359,100.00 1,143,483.96 215,616.04 84.140% MISCELLANEOUS Miscellaneous Revenue 5,250.00 2,873.30 2,376.70 54.730% Litigation settlement 0.00 75,443.32 (75,443.32) 0.000% Cash Over/(Short) 0.00 (1.10) 1.10 0.000% TOTAL MISCELLANEOUS 5,250.00 78,315.52 (73,065.52) 1491.720% TRANSFER IN 130,287.12 88,757.55 41,529.57 68.120% TOTAL GENERAL FUND 17,450,426.13 9,625,531.63 7,824,894.50 55.160% CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 621,600.00 0.00 621,600.00 0.000% Interest 1,500.00 7,770.08 (6,270.08) 518.010% TOTAL LIBRARY 623,100.00 7,770.08 615,329.92 1.250% GAS TAX REVENUE: Section 2105 162,500.00 93,493.25 69,006.75 57.530% Section 2106 112,000.00 65,185.42 46,814.58 58.200% Section 2107 209,300.00 125,113.84 84,186.16 59.780% Section 2107.5 6,000.00 6,000.00 0.00 100.000% Traffic Congestion Relief 72,200.00 32,062.54 40,137.46 44.410% Interest 7,900.00 3,668.07 4,231.93 46.430% TOTAL GAS TAX 569,900.00 325,523.12 244,376.88 57.120% CMAQ/ISTEA CMAQ/ISTEA Grant 595,235.00 0.00 595,235.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL CMAQ/ISTEA 595,235.00 0.00 595,235.00 0.000% FEDERAL ASSISTANCE REVENUE: CDBG Grant 164,800.00- 0.00 164,800.00 0.000% Interest 0.00 _ _0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 164,800.00 0.00 164,800.00 0.000% ASSESSMENT DISTRICT 2000-1 Interest 0.00 5,019.92 (5,019.92) 0.000% Assessment Bond Proceeds 0.00 0.00 0.00 0.000% Prepayments -sewer assessments 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL ASSESSMENT DISTRICT 0.00 5,019.92 (5,019.92) 0.000% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,287.12 100,712.88 (425.76) 100.420% Interest 2,200.00 82.56 2,117.44 3.750% TOTAL SLESF (COPS) 102,487.12 100,795.44 1,691.68 98.350% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 28,000.00 24,243.00 3,757.00 86.580% Interest 300.00 575.71 (275.71) 191.900% Transfer in 0.00 0.00 0.00 0.000% TOTAL LLEBG 28,300.00 24,818.71 3,481.29 87.700% LIGHTING 3 LANDSCAPING REVENUE: Assessment 829,700.00 416,959.33 412,740.67 50.250% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 _ 0.00 0.000% TOTAL LIGHTING & LANDSCAPING 829,700.00 416,959.33 412,740.67 50.250% QUIMBY REVENUE: Quimby Fees 25,000.00 0.00 25,000.00 0.000% Interest 8,400.00 4,137.54 4,262.46 49.260% TOTAL QUIMBY 33,400.00 4,137.54 29,262.45 12.3 % CRIME VIOLENT TASK FORCE REVENUE: Member Contributions 63,381.35 63,381.35 0.00 100.000% Grant revenue 31,500.00 0.00 31,500.00 0.000% Asset Forfeiture 0.00 2,500.00 (2,500.00) 0.000% Interest 0.00 592.05 (592.05) 0.000% TOTAL CRIME VIOLENT TASK FORCE 94,881.35 66,47 .40 28,40 .95 70.060% 6J 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING °% (continued) BUDGET RECEIVED BUDGET RECEIVED INFRASTRUCTURE REVENUE: Infrastructure Fee 0.00 0.00 0.000°% Interest 61,700.00 39,145.53 22,554.47 63.440°% Transfer in 0.00 0.00 0.00 0.000°% TOTAL INFRASTRUCTURE 61,700.00 39,145.53 22,554.47 63.440% VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 0.000% TOTAL VILLAGE PARKING 0.00 0.00 0.00 0.000% SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 21,881.00 9,066.79 12,814.21 41.440°% Interest 1,400.00 951.38 _ _448.62 67.960°% TOTAL SCAQ 23,281.00 10,018.17 13,262.83 43.030°% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000°% Interest 300.00 182.31 117.69 60.770°% TOTAL LQ PUBLIC SAFETY 2,300.00 2,182.31 117.69 94.880% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 154,136.05 (154,136.05) 0.000°% Transfer In 0.00 0.00 0.00 0.000°% TOTAL INTEREST ALLOCATION 0.00 154,136.05 (154,136.05) 0.000°% CAPITAL IMPROVEMENT FUND: CVAG 2,963,317.89 677,363.55 2,285,954.34 22.860°% CVWD 927,462.40 0.00 927,462.40 0.000% County of Riverside 0.00 0.00 0.00 0.000°% Joint Powers Ins Authority 0.00 0.00 0.00 0.000% City of Indio 211,409.00 171,662.53 39,746.47 81.200% SB300 Funding 19,365.74 0.00 19,365.74 0.000% Surface Transportation 3,939,818.00 0.00 3,939,818.00 0.000% SB821-Bicycle Path Grant 55,353.00 0.00 55,353.00 0.000°% State of California 650,000.00 0.00 650,000.00 0.000°% APP Contribution 0.00 0.00 0.00 0.000°% Developer Agreement Funding 2,000.00 0.00 2,000.00 0.000% Transfers in From Other Funds 35 694 667.19 7,832,637.20 27 862 029.99 21.940°% TOTAL CIP REVENUE 44,463,393.22 8,681,663.28 35,781,729.94 19.530°% LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment 0.00 0.00 0.00 0.000°% Bond Proceeds 0.00 0.00 0.00 0.000°% Interest 0.00 0.00 0.00 0.000°% TOTAL LQ NORTE CIP 0.00 0.00 0.00 0.000% URBAN FORESTRY Grant Revenue 1,100.00 0.00 1,100.00 .0.000°% Interest 0.00 0.00 0.00 0.000°% TOTAL URBAN FORESTRY 1,100.00 0.00 1,100.00 0.000°% 1 7 4 a CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Interest Transfers In TOTAL EQUIPMENT REPLACEMENT INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution Interest Transfers In TOTAL INFORMATION TECHNOLOGY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER REMAINING % BUDGET RECEIVED BUDGET RECEIVED 289,348.00 289,348.00 0.00 100.000% 0.00 0.00 0.00 0.000% 43,800.00 28,927.23 14,872.77 66.040% 0.00 0.00 0.00 0.000% 333,148.00 318,275.23 14,872.77 95.540% 162,164.00 162,164.00 0.00 100.000% 0.00 0.00 0.00 0.000% 14,000.00 8,762.69 5,237.31 62.590% 0.00 0.00 0.00 0.000% 176,164.00 170,926.69 5,237.31 97.030% 87,300.00 90,868.88 (3,568.88) 104.090% 0.00 0.00 0.00 0.000% 16,700.00 6,587.67 10,112.33 39.450% 104,000.00 97,456.55 6,543.45 93.710% 549,000.00 700,002.93 (151,002.93) 127.510% 23,100.00 37,242.09 (14,142.09) 161.220% 0.00 0.00 0.00 0.000% 572,100.00 737,245.02 (165,145.02) 128.870% 251,000.00 222,352.00 28,648.00 88.590% 20,500.00 20,199.33 300.67 98.530% 0.00 0.00 0.00 0.000% 271,500.00 242,551.33 28,948.67 89.340% 183,000.00 181,357.15 1,642.85 99.100% 30,300.00 18,812.45 11,487.55 62.090% 0.00 0.00 0.00 0.000% 213,300.00 200,169.60 13,130.40 93.840% fJ CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY REMAINING % BUDGET RECEIVED BUDGET RECEIVED 112,500.00 101,656.00 10,844.00 90.360% 17,900.00 9,976.88 7,923.12 55.740% 0.00 0.00 0.00 0.000% 130,400.00 111,632.88 18,767.12 85.610% 48,500.00 44,683.00 3,817.00 92.130% 5,100.00 4,706.06 393.94 92.280% 53,600.00 49,389.06 4,210.94 92.140% 7,500.00 1,000.00 9,972.89 1,037.53 (2,472.89) (37.53) 132.970% 103.750% 8,500.00 11,010.42 (2,510.42) 129.530% 2,500.00 200.00 2,252.00 270.41 248.00 (70.41) 90.080% 135.210% 2,700.00 2,522.41 177.59 93.420% 48,500.00 200.00 44,524.91 267.84 3,975.09 (67.84) 91.800% 133.920% 48,700.00 44,792.75 3,907.25 91.980% 200,000.00 4,000.00 200,000.00 0.00 0.00 4,000.00 100.000% 0.000% 204,000.00 200,000.00 4,000.00 98.040% es 07/01/2002-1/31/03 GENERAL FUND EXPENDITURE SUMMARY REMAINING % BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED GENERAL GOVERNMENT: LEGISLATIVE 666,585.00 317,321.09 0.00 349,263.91 47.6% CITY MANAGER'S OFFICE 718,V3.00 343,023.77 0.00 372,349.23 48.0% ECONOMIC DEVELOPMENT 905,719.00 382,592.56 0.00 523,126.44 42.2% PERSONNEL/RISK MGT 619,265.00 422,548.51 0.00 196,716.49 68.2% TOTAL GENERAL GOVERNMENT 2,906,942.00 1,465,485.93 0.00 1,441,456.07 50.4% FINANCE: FISCAL SERVICES CENTRAL SERVICES CITY CLERK 620,157.00 343,250.70 0.00 276,906.30 55.3% 590,871.00 216,240.79 0.00 374,630.21 36.6% TOTAL FINANCE 1,211,028.00 559,491.49 0.00 651,536.51 46.2% 460,305.00 229,670.49 0.00 230,634.51 49.9% COMMUNITY SERVICES SENIOR CENTER 291,065.00 139.048.30 0.00 152,016.70 47.8% PARKS & RECREATION ADMINISTRATION 842,534.00 368,954.16 0.00 473,579.84 43.8% PARKS & RECREATION PROGRAMS 95,850.00 45,995.09 0.00 49,854.91 48.0% TOTAL COMMUNITY SERVICES 1,229,449.00 553,997.55 0.00 675,451.45 45.1% POLICE: POLICE SERVICES 4,511,101.33 1,247,494.18 26,583.93 3,237,023.22 27.7% TOTAL POLICE 4,511,101.33 1,247,494.18 26,583.93 3,237,023.22 27.7% BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 212,016.00 117,452.90 0.00 94,563.10 55.4% CODE COMPLIANCE 568,159.00 302,838.60 0.00 265,320.40 53.3% ANIMAL CONTROL 203,582.00 100,040.52 0.00 103,541.48 49.1% BUILDING 789,968.00 468,940.67 0.00 321,027.33 59.4% EMERGENCY SERVICES 35,390.00 17,108.78 0.00 18,281.22 48.3% FIRE 1,752,000.00 762.25 0.00 1,751,237.75 0.0% CIVIC CENTER BUILDING -OPERATIONS 1,030,063.00 730,197.37 0.00 299,865.63 70.9% TOTAL BUILDING & SAFETY 4,591,178.00 1,737,341.09 0.00 2,853,836.91 37.8% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 546,312.00 200,591.13 0.00 345,720.87 36.7% CURRENT PLANNING 699,551.00 292,792.07 0.00 406,758.93 41.9% TOTAL COMMUNITY DEVELOPMENT 1,245,863.00 493,383.20 0.00 752,479.80 39.6% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 294,397.00 168,857.42 0.00 125,539.58 57.4% DEVELOPMENT & TRAFFIC 1,248,986.00 535,628.63 3,300.00 710,057.37 42.9% MAINT/OPERATIONS - STREETS 1,881,960.00 426,001.68 42,142.00 1,413,816.32 22.6% MAINT/OPERATIONS- LTG/LANDSCAPING 1,601,786.00 803,192.72 6,000.00 792,593.28 50.1% CONSTRUCTION MANAGEMENT 344,001.00 133,041.62 0.00 210,959.38 38.7% TOTAL PUBLIC WORKS 5,371,130.00 2,066,722.07 51,442.00 3,252,965.93 38.5% TRANSFERS OUT 1,161,811.89 127,860.68 0.00 1,033,951.21 11.0% GENERAL FUND REIMBURSEMENTS (3,982,873.45) (1,918,298.46) 0.00 (2,064,574.99) 48.2% NET GENERAL FUND EXPENDITURES 18,705,934.77 6,563,148.22 78,025.93 12,064,760.62 35.1 % 67 CITY OF LA QUINTA 07/01/2002.1/31103 OTHER CITY FUNDS REMAINING % EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED LIBRARY FUND: PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 0.0% GAS TAX REIMBURSE GENERAL FUND 569,900.00 332,441.62 0.00 237,458.38 58.3% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL GAS TAX 569,900.00 332,441.62 0.00 237,458.38 58.3% QUIMBY FUND: TRANSFER OUT 135,826.35 5,629.35 0.00 130,197.00 4.1% FEDERAL ASSISTANCE FUND: TRANSFER OUT 164,825.00 0.00 0.00 164,825.00 0.0% SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 0.00 2,684.69 0.00 (2,684.69) 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL SOUTH COAST AIR QUALITY 0.00 2,684.69 0.00 (2,684.69) 0.0% CMAQ/ISTEA TRANSFER OUT 595,235.00 0.00 0.00 595,235.00 0.0% VILLAGE PARKING TRANSFER OUT (1,892.85) 0.00 0.00 (1,892.85) 0.0% LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 0.00. 0.00 0.00 0.00 0.0% LLEBG FUND TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% VIOLENT CRIME TASK FORCE PROJECT EXPENDITURES 40,000.00 10,472.84 0.00 29,527.16 26.2% TOTAL VIOLENT CRIME TASK FORCE 40,000.00 10,472.84 0.00 29,527.16 26.2% SLESF (COPS) TRANSFER OUT 100,287.12 88,757.55 0.00 11,529.57 88.5% LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 829,700.00 483,991.69 0.00 345,708.31 58.3% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL LTG/LANDSCAPING FUND 829,700.00 483,991.69 0.00 345,708.31 58.3% INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 0.0% REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 3,343,089.00 894,977.07 0.00 2,448,111.93 26.8% TOTAL INFRASTRUCTURE 3,343,089.00 894,977.07 0.00 2,448,111.93 26.8% ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 0.0% TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 142,657.21 150.00 0.00 142,507.21 0.1% TOTAL AD 2000-1 142,657.21 150.00 0.00 142,507.21 0.1 % • 11 � " '. 1 V CITY OF LA QUINTA 07/01/2002-1131103 OTHER CITY FUNDS REMAINING % EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 1,302,363.17 697,795.20 0.00 604,567.97 53.6% TOTAL TRANSPORTATION 1,302,363.17 697,795.20 0.00 604,567.97 53.6% PARKS & RECREATION INTEREST ON ADVANCE 0.00 12,663.00 0.00 (12,663.00) 0.0% TRANSFER OUT 5,391,927.00 2,478,538.21 0.00 2,913,388.79 46.0% TOTAL PARKS & RECREATION 5,391,927.00 2,491,201.21 0.00 2,900,725.79 46.2% CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.0% REIMBURSE GENERAL FUND 203,831.00 118,901.00 0.00 84,930.00 58.3% TRANSFER OUT 364,687.00 24,914.83 0.00 339,772.17 6.8% TOTAL CIVIC CENTER 568,518.00 143,815.83 0.00 424,702.17 25.3% LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 5,231,894.04 33,799.11 0.00 5,198,094.93 0.6% TOTAL LIBRARY DEVELOPMENT 5,231,894.04 33,799.11 0.00 5,198,094.93 0.6% COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 0.0% STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 0.0% PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 0.0% FIRE PROTECTION PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 1,500,000.00 0.00 0.00 1,500,000.00 0.0% TOTAL FIRE PROTECTION DIF 1,500,000.00 0.00 0.00 1,500,000.00 0.0% LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL LIBRARY COUNTY DIF 0.00 0.00 0.00 0.00 0.0% CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 43,481,949.68 8,514,199.12 17,054.43 34,950,696.13 19.6% PROJECT REIMBURSEMENTS TO GEN FUND 981,442.58 167,464.15 0.00 813,978.43 17.1% TOTAL CAPITAL IMPROVEMENT 44,463,392.26 8,681,663.27 17,054.43 35,764,674.56 19.5% ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,700.00 0.00 0.00 3,700.00 0.0% OPERATING EXPENSES-APP 1,700.00 1,206.07 0.00 493.93 70.9% ART PURCHASES 127,500.00 86,603.00 0.00 40,897.00 67.9% TRANSFER OUT 339,361.00 170,000.06 0.00 169,360.94 50.1 % TOTAL ART IN PUBLIC PLACES 472,261.00 257,809.13 0.00 214,451.87 54.6% LQ NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL LQ NORTE (97-1) CIP FUND 0.00 0.00 0.00 0.00 0.0% URBAN FORESTRY GRANT TRANSFER OUT 1,100.00 0.00 0.00 1,100.00 0.0% 63 11 CITY OF LA QUINTA 0 OTHER CITY FUNDS REMAINING % EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED VILLAGE PARKING TRANSFER OUT (1,892.85) 0.00 0.00 (1,892.85) 0.0% INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 633,400.00 124,845.21 5,234.02 503,320.77 19.7% TOTAL INFORMATION TECHNOLOGY FUND 633,400.00 124,845.21 5,234.02 503,320.77 19.7% EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 352,567.00 76,181.45 0.00 276,385.55 21.6% TOTAL EQUIPMENT REPLACEMENT FUND 352,567.00 76,181.45 0.00 276,385.55 21.6% 70 12 4 COUNCIIJRDA MEETING DATE: March 18, 2003 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval of an Amendment to the Professional Services Agreement (PSA) with David CONSENT CALENDAR: Evans and Associates, for Construction STUDY SESSION: Management Services for the City's Third Fire Station #93, Project No. 2001-14 PUBLIC HEARING: RECOMMENDATION: Approve an amendment to the Professional Services Agreement with David Evans and Associates (Attachment 1) in the amount of $61,050 for construction management services for the City's third fire station, #93. RSCAL IM PUCATIONS: Construction of the fire station is contained in the current Fiscal Year Capital Budget. Funds for construction management services for the project are contained in the Contract Technical Services Account, # 401-720-609-000. CHARTER CITY I PUCATIONS: None. BACKGROUND AND OVERVIEW: On December 12, 2002, the City entered into a Professional Services Agreement (Attachment 2) with David Evans and Associates for construction management services for the La Quinta Park located on Westward Ho Drive. Exhibit D of the Agreement allowed for an amendment that would expand the scope of services to include construction management services for Fire Station #93. The revised scope of services that are proposed for the station (Exhibit E), as well as the schedule of compensation (Exhibit F), will be incorporated into the existing PSA. Attachment 3 is a map indicating the location of Station #93. 71 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an amendment to the Professional Services Agreement with David Evans and Associates in the amount of $61,050 for construction management services for the City's third fire station #93; or 2. Do not approve an amendment to the Professional Services Agreement with David Evans and Associates in the amount of $61,050 for construction management services for the City's third fire station; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Amendment to PSA with DEA 2. PSA with DEA 3. Area Map for Station #93 N ATTACHMENT 1 AMENDMENT Per Section 9.3 and Exhibit D of the Professional Services Agreement (PSA) between the City of La Quinta ("City") and David Evans and Associates ("Consultant"), related to the La Quinta Community Park, Project No. 2000- 11, both parties hereby agree to amend the agreement to include construction management services as outlined in Exhibit E for the La Quinta Fire Station #93, Project No. 2001-14. Compensation shall be as included in Exhibit F. IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below. City of La Quinta a California municipal corporation Thomas P. Genovese, City Manager ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM M. Katherine Jenson, City Attorney Consultant: David Evans and Associates By: Name: Title: Date: By: Name: Title: Date: Date 73 3 EXHIBIT E Scope of Services AMENDED 3/18/03 SERVICE REQUESTED, BUT ARE NOT LIMITED TO: CONSTRUCTION MANAGEMENT • Review contract documents, plans, permit requirements. utilities. • Provide the necessary coordination and reports to the City of La Quinta. • Maintain at the project site on a current basis, a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications in good order and marked to record all changes made during construction, shop drawings, product data, samples, submittals, purchases, materials, equipment, applicable handbooks, maintenance and operating manuals and instructions, and other related documents and revisions which are relevant to the contract work. • Provide regular status reports to the City of La Quinta as required. • Review laboratory, shop and mill test reports of materials and equipment and coordinate as required with Design Engineers. • Prepare and send a Monthly Statement of Working Days to the Contractor. • Monitor Contractor's certified payroll. Monitor permit requirements from the Imperial Irrigation District. • Monitor permit requirements from the Coachella Valley Water District. • Administer the construction contract in conformance with the requirements set forth in the project Plans and Specifications including any applicable Standard Specifications for Public Works Construction and the City of La Quinta. • Monitor all inspection activities, both CITY provided and any consulted out inspections. 74 4 City of La Quinta Amended Scope of Services Page 2 of 4 • Receive from the Contractor and process all shop drawings, project data, samples and other submittals. Establish and implement procedures for tracking, expediting, processing and approval of submittals. • Coordinate submittal review with Design Consultant/Engineer on an as needed basis. • Coordinate with the City Engineer and other City Departments. • Document and maintain all claims for account records. • Monitor project's Traffic Control Plan for conformance to the approved plan. • Coordinate and schedule construction surveying by City's consultant. Review and analyze the Contractor's schedule (monthly), including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time. Work with Contractor to maintain the project schedule to show current conditions and suggest revisions as required. • Recommend necessary or desirable changes in the Contractor's scope of work to City for consideration for change orders to the construction contract. Review and evaluate Contractor's request for changes. Negotiate with Contractor and submit recommendations to City supported by field data related to any additional work. If scope of work changes are accepted by the City, prepare change orders for signature and authorization by the City. Maintain a log of change order requests. • Monitor the implementation of the Contractor's PM10 plan as well as the SWPPP. Notify the Contractor immediately when any conformance is observed and verify corrective action. • Create and maintain "As -Built" project schedule, verify Contractor is maintaining `"As Built" project plans. Review pay requests and provide recommendation for contractor payments. • Conduct as -needed coordination meetings with property owners and business owners. • Provide complete construction management file to the City at the conclusion of the project. INSPECTION Review contract documents, plans and permits. \\PMD1\vOL1\XFR\ScopeServicesLQFire.doc 75 5 City of La Quinta Amended Scope of Services Page 3 of 4 • Maintain field diary (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation. • Monitor the contractors fugitive dust control plan and ensure the contractor is using approved haul routes and they are kept clean. • Insure compliance with the construction contract by continuously monitoring, evaluating, approving or rejecting the Contractor's work in accordance with the approved construction contract documents. • Determine that the Contractor's work is being performed in accordance with the requirements of the contract documents. Endeavor to guard City against defective work and deficiencies in the work. As appropriate, require special inspection of testing, or, make recommendations to CITY regarding special inspection or testing or work not in accordance with the provisions of the contract document whether or not such work is fabricated, installed or completed. Record the progress of the project. Provide daily inspection reports. Submit written daily progress reports to the City, including information on Contractor and the entire project, showing percentages of completion. Keep a daily log containing a record of weather, Contractor's work on site, number of workers, work accomplished, problems encountered, and other relevant data. • During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. • Maintain copies of all permits needed to construct the project and enforce special requirements of each. 0 \\PMD1 WOL1 \XFR\ScopeServicesLQFire.doc N City of La Quinta Amended Scope of Services Page 4 of 4 EXHIBIT F Schedule of. Compensation AMENDED 3/18/03 Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed SIXTY ONE THOUSAND and FIFTY DOLLARS($61,050) except as specified in Section 1.6 — Additional Services of the Agreement. Estimated Contract Length is 310 calendar days from the Notice to Proceed. Contract value is derived as follows; 310 calendar day construction time=220 working days. 220 working days x 3 hours per day= 660 hm X $92.50 per hour = $61,050 71 \\PMD1 \VOL1 \XFR\ScopeServicesLQFire.doc 7 ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and David Evans & Associates ("Consultant"). The parties hereto agree as follows: W 1.1 Sg_ope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to La Quinta Community Park, Project No. 2000-11 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 (Licenses. Permits, Fees and Assessments.., Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof) . 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1' WDMnWR0H CnU000 PricU0000-11 LA Quinta Pact%Coma 1=UkCM PSA.wpd 8 1.7 Special Reguerements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed ONE HUNDRED TWENTY-FOUR THOUSAND and FORTY-SEVEN Dollars ($124,047.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten 0 0) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. T-.UF*MEPTIPROJEC, U000 Prjc01Z000-i1 Ia QW09 PMkNC0oavM0\CM PSA.wpd 71 E 1 • • � orrurainreavaim► 4.1 Representative of Constant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Rudy Acosta, Project Manager b. Ruben Ramirez, Construction Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John M. Freeland, Senior Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 Cfty Cook. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE. INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. TAPWDFPMOMMU000 PrjeOU000.11 La Quanta P%MConmdW kCM PSA.wpd so 10 The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $50,000 Personal Injury/Prone Damage Coverage $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $ 500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 F(EtnBdoeg. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of 1019V T-UVDEFM0nCM\2000 P*ftU000-11 LA Quint& Put\Comultaun\CM PSA.apd 11 damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.1 Repgtts. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performaride of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ow_ nershio of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 0511F47 rXeToOR A 7A 14 N 914IM-Nel:14:1u ► I I 7.1 California_ Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided !6 T:\PWDBPI1PROd M3%2W PdM%2MO-11 L Quin M%C00M* M\CM PSA.wpd 12 that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 ttorneys'Eges. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. r • 5 2 19RUPKI►• ►, N 119YA:1►Is] ►• a I I ►: 0114, 1 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any TAMDE' MOJ tU,"fSUM PrJMX2000-11 1A Quints PWtWAmuha M%04 PSA.wpd 8,13 13 corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: David Evans & Associates Attention: Rudy Acosta 77-682 Country Club Drive, Suite F-2 Palm Desert, CA 92291 Phone: (760) 772-6558 Fax: (760) 772-7794 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Seve ar bility. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. T.UVDMMM0n1C1SMW P jm%2000-11 L Quiets Park%C*n=fta %CM PSA.wpd 14 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Ju a Greek, City Clerk APPROVED AS TO FORM: M. trine Jenson, City Attom CONSULTANT DAVID EVANS & ASSOCIATES Rz&� m Title: Pres I D. 11b: 11 By: CY- Name: / / . Title: Date: T. WDEMMOJBCTSUM PrJM%2000-11 L Qukb PWt%C0=k@ %CM PSA."d % L - - G 'c' . Date 85 15 Exhibit A Scone of Services SERVICES REQUESTED, BUT ARE NOT LIMITED TO: CONSTRUCTION MANAGEMENT Review contract documents, plans, permit requirements. • Schedule and attend a field walk with, the Inspector, Design Engineer and City representatives. • Schedule and chair a kick off meeting with the City to discuss the proposed work plan and special concerns to be presented at the pre construction meeting. • Schedule and chair a kick off meeting with the utilities. • Provide the necessary coordination and reports to the City of La Quinta. • Maintain at the project site on a current basis, a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications in good order and marked to record all changes made during construction, shop drawings, product data, samples, submittals, purchases, materials, equipment, applicable handbooks, maintenance and operating manuals and instructions, and other related documents and revisions which are relevant to the contract work. • Provide regular status reports to the City of La Quinta as required. • Review laboratory, shop and mill test reports of materials and equipment and coordinate as required with Design Engineers. • Prepare and send a Monthly Statement of Working Days to the Contractor. • Monitor Contractor's certified payroll. • Monitor permit requirements from the Imperial Irrigation District. • Monitor permit requirements from the Coachella Valley Water District. • Administer the construction contract in conformance with the requirements set forth in the project Plans and Specifications including any applicable Standard Specifications for Public Works Construction and the City of La Quinta. • Conduct weekly construction progress meetings with the design consultant, subconsultants, contractor, subcontractors, City staff, affected outside agencies, other consultants, etc. to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting minutes. • Monitor all inspection activities, both CITY provided and any consulted out inspections. 16 • • Maintain an open door policy and meet with general public as needed regarding the construction and make recommendations to address their concerns. • Receive from the Contractor and process all shop drawings, project data., samples, and other submittals. Establish and implement procedures for tracking, expediting, processing and approval of submittals. • Coordinate submittal review with Design Consultant/Engineer on an as needed basis. • Coordinate with the City Engineer and other City Departments. • Document and maintain all claims for account records. • Monitor project's Traffic Control Plan for conformance to the approved plan. • Coordinate and schedule construction surveying by City's consultant. • Coordinate testing requirements and scheduling of material testing by City's consultant. • Review and analyze the Contractor's schedule (monthly), including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time. Work with Contractor to maintain the project schedule to show current conditions and suggest revisions as required. • Recommend necessary or desirable changes in the Contractor's scope of work to City for consideration for change orders to the construction contract. Review and evaluate Contractor's request for changes. Negotiate with Contractor and submit recommendations to City supported by field data related to any additional work. If scope of work changes are accepted by the City, prepare change orders for signature and authorization by the City. Maintain a log of change order requests. • Monitor the implementation of the Contractor's PM10 plan as well as the SWPPP. Notify the Contractor immediately when any conformance is observed and verify corrective action. • Create and maintain "As -Built" project schedule, verify Contractor is maintaining "As Built" project plans. • Review pay requests and provide recommendation for contractor payments. • Coordinate the transition of the maintenance of the project to City Maintenance. • Coordinate any training sessions required for City staff. • Conduct as -needed coordination meetings with property owners and business owners. • Provide complete construction management file to the City at the conclusion of the project. INSPECTION • Review contract documents, plans and permits. • The Construction Manager will coordinate with the City to provide any required UBC 87 inspections through the Bldg. Dept. 17 • The Resident Engineer/Construction Manager will be expected to inspect and document various construction activities such as grading, underground utilities, concrete flat work, fencing, street and parking lot improvements, installation of sports equipment, lighting and play equipment. • Monitor and enforce construction noticing requirements. • Maintain field diary (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation. • Monitor the contractors fugitive dust control plan and ensure the contractor is using approved haul routes and they are kept clean. • Insure compliance with the construction contract by continuously monitoring, evaluating, approving or rejecting the Contractor's work in accordance with the approved construction contract documents. • Determine that the Contractor's work is being performed in accordance with the requirements of the contract documents. Endeavor to guard CITY against defective work and deficiencies in the work. As appropriate, require special inspection of testing, or, make recommendations to CITY regarding special inspection or testing or work not in accordance with the provisions of the contract document whether or not such work is fabricated, installed or completed. Provide and maintain a digital photographic history of the project. Photos will also be taken of the following: a. Showing existing conditions prior to construction. b. Disputed work items. C. Work that has to be duplicated, replaced or removed. d. Completed work. e. Extra Work. Record the progress of the project. Provide daily inspection reports. Submit written daily progress reports to City, including information on Contractor and the entire project, showing percentages of completion. Keep a daily log containing a record of weather, Contractor's work on site, number of workers, work accomplished, problems encountered, and other relevant data. During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. Maintain copies of all permits needed to construct the project and enforce special requirements of each. Coordinate as needed with City Public Information Office. Included and attached with this exhibit is the consultants proposal for services (7 pages) 18 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ONE HUNDRED TWENTY-FOUR and FORTY-SEVEN Dollars ($124,047.00) except as specified in Section 1.6 - Additional Services of the Agreement. Estimated Contract Length is 7 months. October 1, 2002 to May 1, 2003. Contract value is derived as follows; 4.33 weeks per month X 7 months = 30.31 weeks 30.31 weeks X 40 hours per week = 1,212.40 hours 1,212.40 hrs X $92.50 per hour = $112,147.00 Allowance for Jobsite Office trailer, temporary electricity, telephone & fax service; $1,700 per month for jobsite office trailer and temporary utilities $1,700 X 7 months = $11,900.00 $112,147.00 Construction Mgr. $11.900.00 Jobsite Office Allowance $124,047.00 19 Exhibit C Schedule of Performance Consultant shall complete all services within TWO HUNDRED TEN (210) days from October 1, 2002. '90 20 Exhibit D Special Requirements Upon satisfactory performance of services by consultant, the City may elect to extend the duration of this contract to provide Construction Management services for the Adams Street Fire Station project. Services shall be authorized by amendment to this agreement applying the same rate of compensation schedule. Length of contract amendment shall be negotiated and approved by both parties with respect to the Fire Station construction schedule. 91 21 ATTACHMENT 3 City of La Quinta .... ....... ............... . .. . . . .. . __......... Fire Station Locations :.::....::.:! .........; _.......... .......... ............ ....:...........:..:..:::.::::.:.... RED._.... ARING DR , 93 \ _ __ S AVE cry WE RD HO DR ...., ¢ Z AY 111 _ 1 AVE Pel i \, r 50 AVE \ I` �/ t}i . .s �,, ..... Y Y AVE 32 :. t it 54TH AVE ... _ .. y 7 / O ......... AIRPORT BLV .,. ...... ...........:...:......:.... 58TH AVE 60TH AVE 9 22 T 0 41til 4 COUNCIL/RDA MEETING DATE: March 18, 2003 Approval to award Contract to H T E, Inc. for Purchase and Implementation of Financial Software Applications RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �J STUDY SESSION: PUBLIC HEARING: Approve the project budget, and award a contract in the amount of $266,824 to H T E, Inc., and authorize the City Manager to execute the contract for purchase and implementation of financial software applications, subject to any necessary negotiation and approval by the City Attorney and City Manager. FISCAL IMPLICATIONS: Based upon the attached contract, total cost for purchase and implementation of H T E financial software applications and necessary hardware configurations is $266,824. The Fiscal 2002-03 Information Technology Fund budget contains $270,000 for purchase of financial software applications and hardware, and sufficient funds are budgeted for the award of this contract. BACKGROUND AND OVERVIEW: At the October 15, 2002 City Council meeting, the Council authorized staff to distribute a Request for Proposals (RFP) for purchase of Financial Software Applications and to appoint a Consultant Selection Committee. In accordance with Municipal Code section 3.12, notice was published in the newspaper, and notice was given to suppliers whose names are on the approved vendors list, or who had made written request that their names be added to the list. A vendor's conference, held on November 8, 2002, was attended by five vendors. Attendees had the opportunity to visit with staff and tour City facilities. Seven software companies responded to the Request for Proposals. Detailed proposals were evaluated by a Consultant Selection Committee consisting of the Finance Director, Accounting Manager, the City's Information Technology consultant, and two other local government Finance officers. 93 Each proposal was evaluated on the basis of Technical Specifications and Qualifications (as detailed in the RFP) and overall company evaluation, based upon longevity/stability of the Company, successful implementation in other cities, references, and presentation' of... the implementation process. The top ranked Companies were invited to present Vendor Demonstrations on January 10, 2003. Presentations were made to Finance Department staff, the city's Information Technology consultant, and representatives of other city departments. Staff spoke with a number of references for each software vendor, in addition to researching the reputation of each Vendor through the California Municipal Finance, Officers Association web site. While cost was a consideration, emphasis was also placed upon the demonstrated reputation of each company for successful municipal installations, reputation for support and problem solving, reputation for keeping technology and applications up-to-date with changes in the industry and in the accounting profession, and the capacity of software products to meet the City's needs, not only at the present time, but as anticipated fQr- the future. An emphasis was also placed upon each Company's demonstrated ability, to provide integrated systems which would enhance the City's existing investment in technology, allowing various City departments to operate more efficiently, developing more effective data bases and streamlining day-to-day operations. H T E, Inc. was identified as meeting the above criteria. Staff made site visits to other installations, and interviewed a number of municipalities as to their experiences with this Vendor. H T E, Inc. is a leading provider of enterprise software solutions to local government, serving over 2,200 government offices, agencies, and utilities throughout North America. They have been in business for over 20 years, and are owned by a publicly -traded company, Sungard. Their company serves 20% of the California cities with populations between 20,000 and 250,000 and has been a prominent supplier to California local government for over 10 years. They release frequent product upgrades, and have a good reputation for customer support. Additionally, the cities of Palm Desert and Indio have this software, thereby allowing the possibility of cost savings in joint efforts for staff training, vendor travel and support. Maintenance of City computer network systems is currently out -sourced to Southwest Networks. Their representatives have been involved with this selection process, and they have concurred with staff's recommendation. Implementation of the project will begin immediately upon Council approval and contract execution. H T E will assign a project manager, and a mutually agreed upon installation and training schedule will commence. 9 4. K An integral part of the proposal is implementation of a Building Permit module, which will allow the Building and Safety department's issuance of permits to be directly integrated into Finance's Cash Receipts accounting module, for improved efficiency and sharing of data. Staff plans to implement the Building Permit module first, based upon the age of the current software and its critical nature to City operations. This will be followed by phases of Finance modules, with an overall target date of January 1, 2004, for all software implementation. The Finance department will run the new software parallel with existing accounting software for a three-month test period, to verify successful transition. The Building Permit module is built upon a land -based data management system, which will allow future integration with the City's GIS data base, and which will allow the potential for other departments to consider future software conversions to one common data base. The system also includes the option for future implementation of modules which support E-Government services, allowing some City services to be supplied through internet access. Successful installation of Finance accounting software, with Building and Safety permitting integrated with Cash Receipts, will establish a core data base that will enhance future City options. The Contract can be found as Attachment 1 to the staff report. Contract price, as identified in the Supplement to H T E, Inc.'s software license and services agreement, is $249,837, less $24,700 in support costs which will not be incurred until Fiscal year 2003-2004, as normal operating expenses, or $225,637, plus $23,700 for trainer travel expenses, and $17,487 estimated sales tax, for a total contract price of $266,824. Staff has been negotiating with HTE, Inc. the terms and conditions of this Agreement using the City Services Contract as the controlling document with HTE, Inc. agreements as Exhibits. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the ContracI for Purchase and Implementation of Financial Software and Hardware, and autho ize the City Manager to execute the contract, with H T E, Inc., in the amount o $266,824; or a { 9 0 3 2. Do not approve the Contract for Purchase and Implementation of Financial Software and Hardware, with H T E, Inc., in the amount of $266,824; or 3. Provide staff with alternative direction. Respecthully submitted, 4-1,- tq Jo n M. Falco e , Finance Director Approved for submission by: r Thomas P. Genovese, City Manager Attachments 1: Contract with H T E, Inc. 4 AGREEMENT FOR LICENSE OF SOFTWARE, SALE OF HARDWARE, AND PROVISION OF RELATED SERVICES THIS AGREEMENT FOR LICENSE OF SOFTWARE, SALE OF HARDWARE, AND PROVISION OF RELATED SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QU/NTA, (the "City"), a California municipal corporation, and H.T.E., Inc. (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Licensed Program, Us Hardware and Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide the software, hardware, and those services related to the acquisition of software and hardware, as specified in the "Licensed Program(s), Hardware, and Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "products" and "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services and that ail products will operate in a satisfactory manner in accordance with the standards prevalent in the industry for such products. 1.2 Contractor's Proposal. The Licensed Program(s), Hardware and Scope of Services shall include the Contractor's proposal or bid (except for Section 11), which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. Section 11 of Contractor's proposal, entitled "Contractor's Information"'. shall not be incorporated herein. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Famiflaft with Work. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereo fl. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, �w 5 papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or detective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. Should City require additional services, such additional services shall be controlled by the HTE System Change Request form ("SCR") which will be prepared for the City by HTE. HTE will proceed on the SCR when the signed SCR is returned with the City's authorization along with appropriate payment as provided for in Schedule A to Exhibit "A" hereto. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit W and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "6" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSA TION 2.1 Contract Sum. For the products delivered and services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Pricing and Payment Schedule " attached hereto as Schedule A to Exhibit "A" and incorporated herein by this reference, but not exceeding the maximum contract amount of Two Hundred and Seventy Thousand Dollars ($270,000), not including the Annual Support Fee (the "Contract Sum"), except as provided in Section 1.7. 2.2 Timing of Payment. Invoices shall be due and payable within thirty (30) days of receipt. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" attached hereto as Exhibit "C" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance (Exhibit "C") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public 93 C: enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts' of any governmental agency other than City, and unusually severe weather; if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified. 3.4 Term. This Agreement is effective from the date on which it is signed by both parties and will remain in effect until terminated as provided herein. License(s) granted under this Agreement may be discontinued by the City upon written notice, effective immediately, during the testing period described in Section VI of the license agreement contained in Exhibit "A" hereto. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. After execution of this Agreement, ,HTE shall notify the City of the person HTE is designating as the primary contact with regard to the services to be performed. The person designated shall be authorized by Contractor to act on its behalf with respect to the work and products specified herein ant make all decisions in connection therewith. The designation shall be subject to the City's approval. If, at any time during the term of this Agreement, the City becomes dissatisfied with the Contractor shall redesignate the primary contact person, and the designation shall be subject to the City's approval. If at any time during the term of the Agreement the Contractor wishes to change the designation of the primary contact person, the designation of the new person shall be subject to the City's approval. 4.2 Contract Officer. The Contract Officer shall be the City's Finance Director or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. The parties acknowledge and agree that the hardware and services associated with the hardware are to be subcontracted to HTE-VAR, and City hereby gives its express written approval for such subcontracting by entering into this Agreement. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all 7 services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or Information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Coverage (personal injury/ Contract Sum property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as .additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. '-'".8 Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The Contractor shall procure professional errors and omissions liability insurance in the amount not less than $5,000,000. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents ("City indemnitees", from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) ("Claims") and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, errors or omissions, Consultant shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such Claims. In addition Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: b. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 1G1 0 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Removed. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty -rive (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default 'is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. l� 10 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all products and services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Pricing and Payment Schedule (Schedule A to Exhibit "A") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 10 3 11 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally, sent by overnight carrier, or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this, Section 9.1. To City: CITY OF LA QUINTA 78-495 Cale Tampico La Quinta, California 92253 Attention Thomas P. Genovese, City Manager To Contractor.- H. T.E., Inc. 1000 Business Center Drive Lake Mary, FL 32806 ioa 12 Attention: President 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IOS 13 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST. City Clerk APPROVED AS TO FORM. City Attorney CITY OF LA QUINTA, a California municipal corporation By. Dated: By: Title: Dated: City Manager By• _ Name: Title: "CITY" "CONTRACTOR" Name: toy 14 EXHIBIT A DRAFT -- SUBJECT TO FURTHER REVIEW N T SO F T W A* E iment Work Better.^ EXHIBIT A to the AGREEMENT FOR LICENSE OF SOFTWARE, SALE OF HARDWARE, AND PROVISION OF RELATED SERVICES H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT HTE will furnish to the Customer by this Agreement: 1. The HTE Licensed Program(s) listed in the Supplements to this Agreement. 2. Grant of a nonexclusive, nontransferable license to use the Licensed Programs on HTE supplied or approved equipment. 3. Support service(s) as described herein. 4. Modifications, training, conversion and project management services as described herein and listed in the Supplement(s) to this Agreement. 5. Provide for the Third Party Hardware/Software from HTE-VAR. I. DEFINITIONS "Agreement" shall mean The Agreement for Software, Sale of Hardware, and Provision of Related Services by and between the City of La Quinta and H.T.E., Inc. "Licensed Program(s)" shall mean a licensed data program or set of programs, or routines and subroutines, consisting of a series of instructions or statements in machine readable object code form and any related licensed program materials provided for use in connection with the program. Unless otherwise provided herein, the term "Licensed Program(s)" shall refer solely to HTE Licensed Program(s). "Machine" or "CPU" or "Hardware" shall mean computer hardware designated, supplied or approved by HTE for operation of any Licensed Program(s). "Source Code" shall mean a copy of the computer programming code in human -readable form and related system documentation, including updates, applicable enhancements, and all pertinent commentary as well as any procedural code such as job control language. "Object Code" shall mean a copy of the computer programming code assembled or compiled in magnetic or electronic binary form on software media, which are readable and usable by machines, but not generally readable by humans without reverse assembly, reverse compiling, or reverse engineering. "Installation Date" shall mean the date that the Licensed Program(s) is installed/loaded on a designated machine. "Delivery Date" shall mean the date that the Licensed Program(s) is received by the Customer. For services, the "Delivery Date" refers to the date services are performed. "Acceptance" shall mean that the installed/loaded Licensed Program(s) has gone through the program testing and acceptance period as described in Section VI. "Support Services" shall mean the maintenance and support call services provided to Customer for the HTE Licensed Program(s). II. LICENSE 107 HTE License.doc 84 s02!.l C IAIP ? 4 v2 14P..,...,..._...... F-4i t :. Ver. 03/06/02 February 17, 200315 The license granted under this Agreement permits the Customer, subject to the provisions of Sections VIII, IX, X and XII of this Agreement to: a. Use the Licensed Program(s) on the designated Machine(s) for Customer's internal use only and not for the processing of any data except Customer's (i.e., no service bureau use is permitted). b. Copy the Licensed Program(s) in machine readable object code form to provide sufficient copies to support the Customer's use of the Licensed Program(s) as authorized under this Agreement. c. Transfer the Licensed Program(s) to a back-up CPU to be used when the designated CPU is temporarily inoperable. d. Modify any Licensed Program(s) to form an updated work for the Customer's use, provided that: 1. The Customer supplies HTE with written notification of the modification. 2. The modification is made according to the HTE conventions of the HTE Modification Library and not to the base system. Customer is prohibited from reverse engineering, reverse assembling and reverse compiling the Licensed Program(s), in whole or in part. Failure to modify the programs in the manner prescribed may negate the ability to maintain the Licensed Program(s) by HTE and will relieve HTE of any responsibility to provide support services. Any updated work using portions of the Licensed Program(s) that meets the above criteria will continue to be subject to all terms of this Agreement. e. Have access to a copy of the Licensed Program(s). Unless otherwise provided herein, the Licensed Program(s) are provided in and may be used in machine-readable object code form only. HTE offers the Customer, through a third party escrow agent, a Source Code Escrow Agreement that provides for release of the source code version of the Licensed Program(s) from escrow upon the occurrence of certain release events, such as HTE's failure to provide required maintenance services as agreed. III. TERM (moved to Agreement) IV. HTE SUPPLIED PRODUCT(S) AND/OR SERVICES HTE shall supply the Licensed Program(s) specified in the Supplement(s) in machine readable object code form with instructions for installation by the Customer. Standard form options, if applicable, will be provided by HTE. In addition, HTE shall supply related services and/or maintenance, and may supply specialized hardware or other third party products necessary for the performance of certain special features or functions. These services and deliverables, if any, shall be identified and more specifically described in the Supplement(s), and shall constitute the complete list of deliverables provided by HTE. HTE assumes no liability for any hardware or other third party products beyond manufacturers' warranty specified in the Supplement(s). Customer acknowledges that these products were selected by Customer to support features desired by Customer, and that they are included in the Agreement solely for that purpose. V. PRICING AND PAYMENT TERMS All pricing and terms associated with Licensed Program(s) and any other HTE products and services are specified in the Supplement(s) to this Agreement. Unless specified to the contrary, prices quoted in the Supplement(s) to this Agreement are valid for two hundred and seventy (270) days from the date of of this Agreement. HTE may increase its prices without notice on items not provided for in the Supplement(s). Fees for HTE Support Services are payable prior to the commencement of such Support Services. Should Customer require Support Services prior to receipt of payment and the contractual start date of such Service, Customer will be billed at the then prevailing hourly rate until payment is received. Fees for support services for any third party products provided for under this Agreement shall be payable to and in accordance with the provisions of the third party Vendor unless otherwise specified in the Supplement(s). Any taxes resulting from this Agreement or activities resulting from this Agreement, including but not limited to sales and/or use tax, will be the responsibility of the Customer. HTE will accept an exemption certificate from the Customer in lieu of taxes if the Customer qualifies for exempt status. Such exemption certificate will need to be provided to HTE upon contract execution. 103 HTE License.doc 84 s02!.I)0C .' _ _ 2 Ver. 03/06/02 February 17, 2003 VI. LICENSED PROGRAM TESTING AND ACCEPTANCE Beginning on the date ten (10) days after the installation of the the Licensed Program(s) by HTE on the Third Party Hardware provided under this Agreement by HTE-VAR, the Licensed Program(s) will be available for non -productive use for testing for a period of thirty (30) days. This testing period is to determine whether the Licensed Program(s) functions operate together and whether the Licensed Program(s) meet the Customer's specifications and/or requirements. At any time during the testing period, upon written notice, the Customer may discontinue the Licensed Program(s) and receive full credit or refund for the amount of the license fee. If written notice of discontinuance is not received by HTE prior to the end of the testing period, or if the Customer uses the Licensed Program(s) for other than non -productive use during the testing period, the Licensed Program(s) shall be deemed to be accepted under the provisions of this Agreement. VII. LICENSED PROGRAM SERVICES Training on HTE Licensed Program(s), if necessary, will be provided for in the Supplement(s) and will be invoiced as incurred at the completion of each training session at the rate specified in the applicable Supplement(s). The Customer understands that the number of training sessions and the number of hours of training vary per application, and are estimated based on HTE's experience in the training of other Customers for the same applications. Additional training can be provided upon request of the Customer at the then prevailing rate per hour. Conversion, if necessary, will be provided for in the Supplement(s) and will be invoiced as incurred at the rate specified in the applicable Supplement(s) or at HTE's then prevailing rate per hour. Data must be given to HTE in an IBM compatible format on a specified magnetic media. Data must match data field definition. Input data file clean up shall be the responsibility of the Customer. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is understood that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. All manual conversions are the responsibility of the Customer. Modifications, if any, will be provided for in the Supplement(s) and will be controlled by the HTE System Change Request form ("SCR") which will be prepared for the Customer by the HTE Project Manager responsible for that module. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with appropriate payment as provided for in the Supplement(s). Project Management is strongly recommended by HTE, and if provided for in the Supplement(s), will be invoiced as indicated in the Supplement(s). HTE will provide the Customer with the Support Services listed below for the HTE Licensed Program(s) for such period as may be listed in the Supplement(s), and commencing one hundred twenty (120) days after delivery of the Licensed Program(s). Thereafter the Services will be provided on a year-to-year basis provided the Customer exercises the option and pays HTE's annual support fee. a. Toll free telephone support line; twenty-four (24) hours a day, seven (7) days per week. b. Electronic support. C. Product updates and new releases of the covered Licensed Program(s). d. Response to calls, under normal conditions, in approximately twenty-four (24) hours of receipt of incoming call. e. Error corrections as made. Support requests for the first one hundred twenty (120) days after delivery of the Licensed Program(s) shall be directed to the appropriate HTE project manager or trainer. Support Services do not include maintenance on modifications made to the Licensed Programs) at Customer's request. Upon commencement of the HTE Support Services, telephone support will be provided using a dedicated support telephone number, and the Customer must have Electronic Customer Support installed. Support requests relating, if applicable, to third party hardware or software will be directed to the Vendor of such products unless otherwise provided for in the Supplement(s). Unless otherwise stated herein or in the Supplement(s), HTE shall assume no responsibility for the pricing of, payment to, or provision for support services of any third party Vendors. HTE shall not supply any support services nor be liable for any damages in the event that any portion of the Licensed Program(s) is used on equipment or with software products or software systems other than those supplied or approved by HTE. Customer shall receive written authorization from HTE before attaching to the computer system any equipment Tt HTE License.doc 84 s02!J)OC . 4 2 % Ver. 03/06/02 February 17, 2003 supplied or approved by HTE. Authorization shall not be withheld unless said equipment will cause operational damage to the system, or require undue system support from HTE. Customer acknowledges that the systems supplied by HTE have unique operating properties and are a matched system of components which must not be altered, modified, or tampered with without specific assistance from HTE designated personnel.. HTE shall not be liable for any damage or loss of function which results from violating the approved operating environment by personnel not approved by HTE. In the event of the failure of any hardware component or other third party product supplied under this Agreement to function or operate in conformance with specifications, HTE shall have no obligation for warranty beyond that of the hardware or other third party manufacturer or that specified in the Supplement(s). VIII. PROTECTION AND SECURITY OF PROPRIETARY MATERIALS The Customer acknowledges that the Licensed Program(s), including the source code, design specifications and associated documentation of the Licensed Program(s), (the "HTE Proprietary Information") constitute proprietary information and trade secrets of HTE and will remain the sole property of HTE. The Customer agrees that it shall not at any time sell, assign, transfer or otherwise make available to, or allow use by, a third party any of the HTE Proprietary Information. The Customer shall hold in confidence the HTE Proprietary Information for its benefit and internal use only by its employees. The Customer further acknowledges that, in the event of a breach or threatened breach by the Customer of the provisions of this paragraph, HTE has no adequate remedy in money damages, and, accordingly, shall be entitled, without bond, to an injunction against such breach or threatened breach. IX. WARRANTY HTE warrants that for a period of two hundred and seventy (270) days after acceptance, as provided for in Section VI, the HTE Licensed Program(s) listed in the Supplement(s) will perform in substantial compliance with the reference documentation supplied by HTE, provided the Licensed Program(s) are used in the proper operating environment. HTE does not warrant that the functions contained in the Licensed Program(s) will meet the Customer's requirement or will operate in the combinations which may be selected for use by the Customer after the two hundred and seventy (270) day period after the completion of the Licensed Program testing described in Section VI. Any other utility or incidental software distributed by HTE will be on an "AS IS" and "WITH ALL FAULTS" basis without warranty of any kind either expressed or implied. HTE shall be responsible only for the Licensed Program(s) and products as originally supplied and accepted by Customer, and for changes made to the Licensed Program(s) by HTE's authorized representatives. HTE will not be responsible for the consequences of attempts at changes or modifications to the products and Licensed Program(s) made by the Customer or any other unauthorized party. HTE warrants that it has the right to license the HTE Licensed Program(s) listed in the Supplement(s) and that the HTE Licensed Program(s) does not infringe any intellectual property of any third party. HTE agrees to indemnify Customer against expenses, including reasonable attorneys' fees, and liability arising from any claim of infringement related to HTE Licensed Program(s) provided HTE shall have the right to control the defense or settlement of any such claim. If use of the HTE Licensed Program(s) by the Customer is enjoined by any infringement proceeding, HTE shall, if possible, obtain without unreasonable expense the right of License for the Customer to use the HTE Licensed Program(s) or if that is not possible, HTE shall refund to the Customer the license fee(s) paid under this Agreement for the particular Licensed Program(s) that is determined to be infringing. HTE does not make any representations or warranties with respect to intellectual property rights of any third party products. Any such representations or warranties are made solely by the Vendor of such products, and shall not be construed as a warranty with respect to infringement and the like by HTE. HTE MAKES NO WARRANTIES, OTHER THAN AS STATED HEREIN, WITH RESPECT TO THE PARTICULAR LICENSED PROGRAM(S), EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. X. COPY AND USE Customer shall have the right to use the Licensed Program(s) in equipment or systems supplied or approved by HTE while this Agreement is in effect. Customer shall have the right to make copies of the Licensed Program(s) and the associated reference documentation for archival and/or backup purposes only. Any copies made by Customer shall be the property of HTE. 110 HTE License.doc 84 s07'.l:)UC" " ' C1 r .` E hibit n Ver. 03/06/02 February 17, 2003 18 XI. LIMITATION OF LIABILITY AND REMEDIES . Deleted. XII. PATENT AND COPYRIGHT INDEMNITY HTE will, at its expense, defend the Customer against any claim that the HTE Licensed Program(s) supplied hereunder infringe a U. S. patent or copyright, and HTE will pay all costs, damages and attorney's fees that a court finally awards as a result of such claim. To qualify for such defense and payment, the Customer must: a. Give HTE prompt written notice of any such claim, and b. Allow HTE to control, and fully cooperate with HTE in the defense and all related settlement negotiations. The Customer agrees to allow HTE, at HTE's option and expense, if such claim has occurred or in HTE's judgment is likely to occur, to procure the right for the Customer to continue using the Licensed Program(s) or to replace or to modify them so that they become non -infringing. If neither of the foregoing alternatives is available on terms which are reasonable in HTE's judgment, upon written request, the Customer will return the Licensed Program(s) to HTE, and HTE shall refund to the Customer the license fee(s) paid under this Agreement for the particular Licensed Programs) that is determined to be infringing. HTE shall have no obligation with respect to any such claim based upon the Customer's modification of the Licensed Program(s) or their combination, operation or use with data or programs not furnished by HTE or in other than the specified operating environment. This section states HTE's entire obligation to the Customer regarding infringement. XIII. COPYRIGHT PROTECTION The software and any written documentation associated therewith are protected under the Copyright Laws of the United States. HTE warrants and Customer acknowledges that HTE has the following exclusive rights with regard to the Licensed Program(s): a. To reproduce the Licensed Program(s) in any or all forms. b. To adapt, transform or rearrange the Licensed Program(s). c. To prepare other products derivative of the Licensed Program(s). d. To control the distribution of the Licensed Program(s). Customer agrees not to violate any of HTE's rights or to assist or aid others in doing so. Customer agrees to preserve all copyright and other notices in the Licensed Program(s) and written documentation. XIV. MISCELLANEOUS AGREEMENT PROVISIONS Successors Bound. The terms and conditions of this Agreement shall extend and inure to the benefit and be binding on the respective successors and assigns of Customer and HTE. Publication. HTE reserves the right to publish certain information regarding this Agreement. Publication may include, but shall not be limited to, using Customer's name in a press release announcing this Agreement and listing Customer's name on HTE's complete customer listing that is made available to other HTE customers and potential customers. Non -Hiring Statement. During the term of this Agreement and for a period of twenty-four (24) months after the termination of this Agreement, the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent of HTE iu HTE License.doc4 s02!.]:)C)C _ 19 Ver. 03/06/02 February 17, 2003 GOV[RRM[NT $OfTWA R[ Helping Cwornment Work Better' SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN H.T.E., INC. AND CITY OF LA QUINTA, CA SCHEDULE A -PRICING AND PAYMENT SCHEDULE ,•� . ti. NTRACT NO QU-2003008 This SuVP a H.T.E., License an s Agreeaten t) dated ' �erewith, 1 between ., h ) an o Quinta, C mer). Uni ' therwise stated belt &H terms and conditions sated A .. m in effect.., Use of the from HTE,' Type: Operating System: to an in ►w, without +en permission Model: Serial Number Tape Drive: HTE Licensed Programs License Fees No. Days of Training Training Fees Conversion Fees Annual Support GMBA w/ Extended Reporting - GMJ/ERJ $ 28,150.00 11 S 11,000.00 $ 5,950.00 - Global Financials - GFJ Incl. in GMJ Incl. in GMJ Incl. in GMJ Accounts Receivable - MRJ 9,550.00 7 7,000.00 2,050.00 Cash Receipts - CRJ 8,000.00 2 2,000.00 1,700.00 Land/Parcel Management - LXJ 11,000.00 2 2,000.00 S 7,500.00 2,350.00 Building Permits - BPJ 17,300.00 8 8,000.00 12,000.00 3,650.00 Business Licenses - OLJ 9,450.00 4 4,000.00 2,000.00 Payroll/Personnel - PRJ 18,200.00 11 11,000.00 3,850.00 Document Management Services - DXJ 4,500.00 900.00 QRep Catalo (GMJ,MRJ,CRJ,LXJ,BPJ,OLJ,P - CJ Incl. in License Fees 1,750-00 Menu Driver - HT 2 2,000.00 Subtotal $ 1069150.00 Minus Customer Discount (expires 3/31/03 (17,300.00) ATE Licensed Program Totals $ 8%850.001 47 s 479000.00 s 199500.00 $ 249200.00 Third Party Applications License Fees No. Days of Training Training Fees Annual Support QRep Administrator 1 user - CG $ 500.00 4 S 4,000.00 $ 250.00 QRep End User (1 user) - CG 400.00 250.00 Third Party Applications Total $ 900.00 4 S 49000.00 S 500.00 Third Party HardwarelSoftware/Servicesi HardwarelSoftware Fees Installation Fees Annual Support TechPath 2000 iSeries System 31,387.00 S 5,500.00 S 3,000.00 Third Party Hardware/Software/Services Total S 319397.00 S 59500.00 S 39,000,00 HTE Schedule A Ver. 09/10/02 Il' 3 LAQU-20030089-ScheduleA-revised031203.doc20 Revised 3/12/03 payment Schedule* Total Contract Due Upon Contract Execution Due As Incurred/ Delivered Due As Otherwise Noted HTE License Fees $ 88,850.00 $ 88,850.00 HTE Training Fees 47,000.00 $ 47,000.00 HTE Conversion Fees SCR# 2003-823, 2003-824 19,500.00 9,750.00 $ 9,750.00 HTE Pro'ect Mana t 25,000.00 8,500.00 16,500.00 HTE Annual Support Fees 24,200.00 24,200.00 Third Party License Fees 900.00 900.00 Third P TrainingFees 4,000.00 4,000.00 Third Party Annual Support Fees 500.00 500.00 Third Party Hardware/Software/Services Fees 39,887.00 39,887.00 Grand Total S 2499837.00 $ 1081,000.00 S 51,000.00 $ 909837.00 APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICES) BEING SENT SEPARATELY TO THE CUSTOMER Application Support Fees: Third Party License Fees: Third Party Training Fees: Third Party Support Fees: Third Party Hardware/ Software/Services Fees: Travel and Living Expenses: lYABLE of this S, ncurred. toted later R. Change ) (includes6.00 mining upon completion.: ;went; 3 e upon completion i;t first training _ days fo +g execution of this *element; and final jAve but not later than 70 days following 'execution of this Supplement. The term "Go -Live" is referred to as Customer's use of the Licensed Programs with real data in a production (and not testing) mode. Prior to the commencement of the initial term of support. Support fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate. Rates for subsequent years of support service are subject to change. Upon execution of this Supplement. On invoice, as incurred. Prior to the commencement of the initial term of support. Support fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate. Rates for subsequent years of support service are subject to change. Due according to the provisions of Attachments A, B, and C. Travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the HTE Corporate Travel and Expense Reimbursement Policy. HTE Support Services The initial term of HTE application support services shall commence one hundred twenty (120) days after delivery of the Licensed Programs, and extend for a twelve (12) month term Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period. Support Services do not include maintenance on modifications made to the Licensed Programs at Customer's request. Third Party Support Services The initial term of Third Party application support services shall commence one hundred twenty (120) days after delivery of the Licensed Programs, and extend for a twelve (12) month term Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period. 11.3 HTE Schedule A 3 LAQU-20030089-ScheduleA-revised031203. .� Revised 3/12/0 ver. 09/10/02 Application Training Listed above are the numbers of days of training for the Licensed Programs listed. Additional application training, if requested by the Customer, can be provided upon request at the standard billing rate in effect at that time. Any fee quoted does not include tre).=d, living expens QRep aining Each Qi bra' '{ssion co of (1) four (4 , ion, which 4, must be attended c pcutively, and is currentl ti 1 ed a 00.00 ttendee. es place Lake Mary, F4" AWity. Customer is respo for 'attend vel to and Custo s the option og trained on site at Custo loc 4 which c (1) four (4 riced at $ 4 per session per atte`` `4 Project t Project 14anageinent fees will be�voice in �e amour s""and under '0 terms sta above. A mutually agreeable work plan will be created by the HTE Project Manager and the Customer. Additional Project Management, if requested by Customer, will be invoiced at the then current HTE rate. Any fee quoted does not include travel and living expenses. Conversion Conversion, if provided for herein, or if requested by the Customer after contract execution, will be controlled by the HTE Systems Change Request (SCR) form which will be prepared for the Customer by the HTE Conversion Team Manager. There will be a Two Hundred Fifty dollar ($250.00) non-refundable processing fee for preparation of each SCR requested by the Customer. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with fifty percent (50%) payment, which includes the non-refundable processing fee. The final fifty percent (50%) payment is due upon completion. Data must be given to HTE in an IBM compatible format on a specified magnetic media and must match data field definition. Input data file clean up shall be the responsibility of the Customer. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is agreed that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. SCR form(s) for any conversion services included in this Supplement are attached for Customer signature and return to HTE along with this Supplement. Scheduled Resource Changes Customer acknowledges that HTE makes every effort to schedule training and project management sessions sufficiently in advance to make effective use of HTE's personnel and to obtain favorable prices for travel and living. Accordingly, the following cancellation charges apply to training and on -site project management sessions canceled at the request of Customer: Cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on -site project management; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or on -site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non- refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful in such rescheduling, Customer's payment obligations shall be reduced. 'Third Party Software and Hardware Unless otherwise provided for herein, warranty and maintenance offerings by HTE for its Licensed Programs do not apply to any third party hardware or third party software supplied under this Supplement. HTE. does not make any warranties nor provide any source code for any non-HTE products unless otherwise provided herein. The return and refund policy of each individual third party hardware or third party software supplier shall prevail unless otherwise provided herein. It is hereby acknowledged by the parties that HTE VAR is the subcontractor for the Third Party Hardware/Software/Services purchased herein. Provisions for the HTE VAR Third Party Hardware are provided in Attachment "A", Master Product Agreement No. 200303127BB01, Attachment "B", Services Agreement No. 20030312BB02, and Attachment "C", Services Agreement No. 20030312BB03, all hereby made attachments hereto by their reference. Optional Applications For a period of nine (9) months following execution of this Supplement, Customer has the option to license the Optional Applications and corresponding services listed below at the fees stated. These fees do not include project management, travel and living expenses, or conversions, all of which may be required. In the event that Customer elects to exercise this option, HTE and Customer will enter into written agreement to provide license of Optional Applications and corresponding services to Customer. The interfaces listed below are interfaces only. Customer shall be responsible for obtaining the applicable hardware and system software from the appropriate third party vendor. 14 Upon licensing of the C1ick2Gov Optional Applications, Customer agrees to meet the requirements of the HTE C1ick2Gov� po g OP PP Hardware Recommendations to be provided at time of contract. C1ick2Gov Licensed Programs do not include source code. HTE Schedule A Ver. 09/10/02 3 LAQU-20030089-ScheduleA-reAwd031203.doc2 2, Revised 3/12/03 Optional HTE Applications License Fees Tminin Fas Installation/ Configuration Fees Annual Support Human Resources - YH $ 10,650.00 $ 5,000.00 $ 2,250.00 Work Orders/Facilities Management - WFJ 20,950.00 11,000.00 4,400.00 Asset Management II - A2J 8,700.00 4,000.00 1,850.00 Fleet Man ement - FMJ 17,550.00 7,000.00 3,700.00 Planning and Zoning - PZJ 17,300.00 5,000.00 3,650.00 Purchasing/Inventory - PIJ 16,900.00 8,000.00 3,550.00 Code Enforcement - CEJ 6,550.00 5,500.00 1,400.00 Financials Barcode Interface - BA 5,000.00 1,000.00 1,000.00 Document ImagingIniaging Interface(Financials) - IE 5,000.00 1,000.00 Document InqOng Interface(Community Develo t - IL 5,000.00 1,000.00 HTE's VSI RecTrac Interface to Cash Receipts - VI 1,500.00 350.00 Click2Gov Core Module - K1 2,500.00 $ 2,560.00 450.00 Click2Gov Building Permits - K3 5,000.00 1,280.00 900.00 Click2Gov Business Licenses - K6 5,500.00 1,280.00 990.00 Click2Gov Planning and Zoning - K7 5,000.00 1,280.00 900.00 Click2Gov Purchasing/Inventory - K9 5,300.00 1,280.00 960.00 Building Permits Wireless - KB 4,500.001 1,280.00 900.00 Preprinted Terms and Conditions Preprinted conditions and all other terms not included in this Supplement or in the Agreement on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Agreement, and if applicable, this Supplement and the Hardware Purchase Agreement if applicable, shall control unless expressly accepted by FITE in writing to the Customer. The terms and conditions contained in this Supplement, including the prices, will be honored as set forth herein, provided this Supplement is fully executed by March 31, 2003. Customer warrants that the amounts to be paid hereunder will be paid out of appropriated funds and are not part of a financing arrangement with any third party. HTE Schedule A 3 LAQU-20030089-ScheduleA-mvised031203AoiD3 Ver. 09/10/02 Revised 3/12/03 � ATTACHMENT A TO lul • um o. 9,.. t "I Sop TWA a I SCHEDULE A- PRICING AND PAYMENT SCHEDULE HTE VAR ►Wn, Cwmrn.,wi *"r* °~.' CONTRACT NO. LAQU-20030089 BETWEEN H.T.E., INC. AND CITY OF LA QUINTA, CA MASTER PRODUCT AGREEMENT No. 20030312BB01 ,~•, S y'k. L+...'k.. ;y�r'ti 1. . •• 5"r:. •'vr'r`• •.R•'.�+`'4• - q".5' '" r* °,. Initial Older "'� r.,.;", :, ,:..'• '::: �...' �.; s�•�., r .'. , H.T.E., Inc.") to suppl 'p'Machines' , 113iware ("Pro.is") to Customer ("''; and to make availa a cturer's ces subs cri M4 subscription�,' under the terr:'this Attachment . ) and u a $0.00 (U. of .down pa tively, Mac" and PTO The Products- riptions to vi You ified' initial ct schedule below .:y parties may enter into new product schedu)ees m time to time w�uc i shall`ee`governed iiy't its Agreement, provided all such product schedules shall be in writing, shall be signed by both parties, shall be sequentially numbered (Product Schedule A- 1, A-2, A-3, etc.), and shall reference this Agreement. Alternatively, You may provide us with a purchase order for additional Products or Subscriptions, which is in your standard form. However, You acknowledge and agree that, notwithstanding anything in your standard form purchase order to the contrary, the Additional Terms of this Agreement will govern all additional orders of Products or Subscriptions reflected on product schedules or purchase orders We accept from You after the date hereof. The price for all Products is shown below. You agree to pay the total price of all Products, shipping charges, applicable sales taxes and the price for the Subscriptions. INITIAL PRODUCT SCHEDULE Machine ram Description Quanti Unit Price Amount 9406-800 iSeries Model 800-2463 with 1 GB Memory, 105GB RAID-5 Disk, Integrated Naviline Server, 2 10/100MB ethernet Cards, Remote Console Cable and Rack Mounting Rails 1 24,956.00 24,956.00 5722-PT1 Performance Tools 1 0.00 0.00 5722-SS1 OS/400 V5R2 with PSF 1-45 1 0.00 0.00 5722-ST1 SQL Toolkit 1 0.00 0.00 5722-VP1 Valu ak 1 2,695.00 2,695.00 5722-WDS Webs here Development Studio 1 2,041.00 2,041.00 5722-XW 1 iSeries Access - machine unlimited user 1 0.00 0.00 5733-SUl Software Subscription 1 year 1 578.00 578.00 5733-SX1 Software Support 1_year 1 348.00 348.00 Windows 2000 Server - 5 CAL 1 769.00 769.00 Rack, UPS, PC for system console and Windows Server console supplied by City of Le Quints Total Price Excluding Shipping Charges and Sales Taxes: $31,387.00 This Master Product Agreement, including the Additional Terms on page 2, form our complete Agreement (the "Agreement") regarding these Products and Subscriptions and replace and supersede any prior oral or written communication between us, including, without limitation, any purchase order that You issue for these Products or Subscriptions. 110 .13517"v2 Attachment A Page 1 of 2 LAQU-20030089-Schedule A-reAsed031203.doc G 4- Additional Terra Order, Delivery and Installation This is a custom order. If You cancel an order for Products within 10 business days prior to their shipment date, then You agree to pay any costs We incur for such cancellation, including cancellation charges We are assessed by our suppliers. However, You may not cancel an order after the Products have been shipped, and You may not cancel an order for Subscriptions after they have begun. Unless You request otherwise and pay the corresponding charges, all Products are shipped via normal ground transportation. We bear the risk of loss for each Product until it is delivered to You. Thereafter, You assume the risk of loss. You must install all Programs and You must install Machines designated as Customer -set-up by the manufacturer. The manufacturer will install all other Machines. Within 10 business days of their delivery, You may return any Products that are defective on arrival. Otherwise, if You wish to return any Products which are not defective and have never been installed, then You must first obtain our written consent and agree to pay any return charges We are assessed by our suppliers. Some Products may not be returnable. Following their installation, You may only return the Products under the provisions of the manufacturer's warranty. Payment You agree to pay applicable sales taxes or supply exemption documentation. You are responsible for personal property taxes for all Products from the date they are shipped to You. We invoice the Products when they are shipped. We invoice Subscriptions when they are processed. We will apply your down payment to the invoice amount (the "Invoice Amount'), which will include the price of Products plus shipping charges and applicable sales taxes and the price for the Subscription. The balance of the Invoice Amount is due 30 days following receipt of the invoice. Amounts past due will be assessed a late payment charge of 1.5% per month, which You agree to pay. Title and License We transfer title to Machines to You when We (a) receive the total Invoice Amount due and (b) You return any removed parts that become our property during a feature or model update. The application, use and other aspects of the Programs and the Subscriptions are solely governed by the terms and conditions of the applicable agreement between You and the Owner of the Program You do not receive title to any Program, but only the right to use the Program under the applicable agreement between You and the Owner of the Program. If You fail to pay the Invoice Amount, including late payment charges and any renewal amounts for Subscriptions, then We may remove and repossess the Machine without notice or demand, and We may request the manufacturer to cancel the Program license or Subscription. WARRANTY ALL WARRANTIES WITH REGARD TO THE PRODUCTS OR THE SUBSCRIPTIONS ARE PROVIDED DIRECTLY BY THE MANUFACTURER TO YOU. WE WARRANT ONLY THAT WE ARE AUTHORIZED TO SUPPLY THE PRODUCTS AND THE SUBSCRIPTIONS TO YOU AS SET FORTH HEREIN. THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND WE MAKE NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR -FREE OPERATION OF ANY PRODUCT. LIMITATION OF LIABILITY IF YOU ARE ENTITLED TO RECOVER DAMAGES FROM US, IN EACH INSTANCE, REGARDLESS OF THE BASIS ON WHICH DAMAGES CAN BE CLAIMED, WE ARE LIABLE ONLY FOR ACTUAL DAMAGES CAUSED BY A PRODUCT IN AN AMOUNT NO GREATER THAN THE PRICE YOU HAVE PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR (A) LOSS OF, OR DAMAGE TO, YOUR PROGRAMS, RECORDS OR DATA; OR (B) SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING LOST PROFITS OR SAVINGS EVEN IF WE ARE INFORMED OF THEIR POSSIBILITY. 117 .1351764V2 Attachment A Page 2 of 2 LAQU-20030089-Schedule A-revised031203.doc 25 HTE .t.r t.rr.Alt M.Ipin� aawnwmt Work Mtb►.` ATTACHMENT B TO SCHEDULE A- PRICING AND PAYMENT SCHEDULE CONTRACT NO. LAOU-20030089 BETWEEN H.T.E., INC. AND CITY OF LA QUINTA, CA ___SERVICES AGREEM F T NO.20030;��,.RO HTE VAR +.�,+ .y aka ',,tiy< •;• '� �;,,w�;.;'. � � H.T.E., Inc.) agto provid scribed in t t of Work stonier (You) der the terms of this , Agreement w u at sponsibi manage n . any resui ,unless spe tl othervvise in the • ." ,.y . Statement dbrk,�do not p S s under th ,, r purchaer. ti Services ark `~. L nd billed ei , .. d CH ervi ?or on a fi .. price ("Fixed -Price des") basis. . , ,.1. •... !:tia'-. :1`'St.ti.Vl °l'tiSJti. Jl1 .•....... ..... For Hourly Services, the Statement of Work specifies the hourly rate, the estimated hours and estimated expenses required to complete the project. This estimate is not a fixed -price commitment. Charges will equal the actual hours worked times the hourly rate, plus actual expenses and applicable sales taxes. For Fixed -Price Services, the Statement of Work specifies the fixed -price and estimated expenses. This expense estimate is not a fixed -price commitment. Charges will equal the fixed -price plus actual expenses and applicable sales taxes. Statement of Work Project Name: TechPath 2000 Installation Services ❑ Hourly Services: Hours x $175.00 per Hour : _ Estimated Total Charges OR ® Fixed -Price Services: 5,500.00 Invoiced Upon Product Start Estimated Expenses: 1,2_00_000 Travel & Living and _ Other Expenses Estimated. Start Date:_ End Date: Services: See attached StahIM2M of W VAR TechPath Servilm This Project Description, the Statement of Work and the Additional Terns on page 2 form our complete agreement (the "Agreement) regarding these Services and replace any prior oral or written communication between us. Agreement Number:20030312131302 113 Revised 12-12-00 Attachment B Page 1 of 3 LAQU-20030089-Schedule A-revfsed031203.doc Additional Terms Billing For Hourly Services, the minimum billing Increment is fifteen (15) minutes. However, there will be a one -hour minimum for each day in which Services are provided on -site and a fifteen (15) minute minimum for each day In which Services are provided by telephone. We may increase our hourly billing rate and minimums by giving you three (3) months' written notice. Hourly Services are invoiced weekly as the work progresses. Fixed -Price Services are invoiced as specified in the Statement of Work. Travel and other expenses are invoiced weekly using IRS mileage allowances for automobile transportation and actual cost for all other expenses. Charges for Services and expenses are due 30 days following receipt of invoice. Amounts past due are subject to a late payment charge of 1.5°% per month. You agree to pay accordingly. You agree to pay applicable sales taxes or supply exemption documentation. Project Completion andlor Termination Hourly Services will end when we provide the estimated number of hours or upon the estimated project end date unless you authorize additional hours or an extension of the end date. In the event that additional hours are not authorized for incomplete project which is provided on an Hourly Services basis, we do not warrant that the Services will be completed. Fixed -Price Services will end when the tasks described in the Statement of Work are complete. Either party may terminate this Agreement on written notice to the other if the other breaches any material provision of this Agreement, including nonpayment of any charges hereunder. Upon termination, we will stop our work in an orderly manner as soon as practical. You agree to pay for all Services we provide, all materials (including programs, program listings, documentation, reports or other similar works of authorship) we deliver and all expenses we incur through the project's termination, including charges we incur in terminating subcontracts. Customer Obligation You agree to provide us reasonable access to the premises where Services will be provided during your business hours. You will also provide other onsite cooperation and assistance as may be reasonably requested by us. You agree to sign and deliver to us the Acknowledgment of Completion of Services when the tasks described in the Statement of Work are complete, or when we have provided the estimated number of hours of Services for Hourly Services (unless additional hours are authorized), whichever comes first. Subcontractors We have the right subcontract any part of the Services to a third party as we deem appropriate, provided that we will remain ultimately responsible for the Services, subject to the terms of this Agreement. Changes to Statements of Work The Statement of Work may only be changed by a written Change Authorization signed by both of us. The terms of the Change Authorization will prevail over those of the Project Description, the Statement of Work and any previous Change Authorizations. Warranty We warrant that we perform Services using reasonable care and skill In accordance with recognized standards in the industry. WE DO NOT PROVIDE ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant uninterrupted or error free operation of any Service. Limitation of Liability In the event that you are entitled to recover damages from us, in each instance, regardless of the basis on which you are entitled to claim damages from us, we are liable only for an amount no greater than the sum of all payments you have made to us. This limit also applies to liabilities of any of our subcontractors. It is the maximum for which we and our subcontractors are collectively responsible. Under no circumstances are we or our subcontractors responsible to you or third parties for 1) loss of, or damage to, your records or data; or 2) special, incidental, consequential or other indirect damages (including lost profits or savings), even N we are informed of their possibility. 113 Revised 12-12-00 Attachment B Page 2 of 3 IAQU-20030089-Schedule A-revised031203.doc 27 Acknowledgement of Completion of Services Customer hereby acknowledges that the Services required to be provided under Services Agreement No. 20030312BB02 have been completed, and such Services are hereby accepted. [name of Customer] By: Name: Title: Date: 1C12)0 Revised 12-12-00 Attachment B Page 3 of 3 LAQU-20030089-Schedule A-mvised031203.doc 28 Statement of Work for HTE VAR TechPath Services Scope of Services: HTE VAR Techpath Services are installation services designed to help accelerate the productive use of your !Series 400. !Series 400 Installation Planning: Review the System Order System Technical Specifications Network Connectivity End User Access Backup & Recovery Requirements Electrical Requirements Shipping Instructions !Series 400 Installation: Install the new !Series 400 system, OS/400, IBM Licensed programs, current cumulative PTF package and HIPER PTF's. HTE Application installation: Install new HTE Application Modules and setup HTE environment. !Series 400 Recommended configuration: Configure the following: Security level User profiles (up to 10) Locally attached, fixed function displays (up to 5) and printer (up to 2) Job logging environment Initial tuning of memory pools, subsystems and system values Electronic Customer Support !Series Operational Verification: Verify the system is operational and that OS/400, IBM Licensed Program products, PTF's and HTE applications have been applied !Series Installation Record: Deliver an installation record that documents the activities performed during this service !Series Skills Instruction: Provide up to 2 of your staff with basic skills instruction on the installation and administrative tasks performed. Up to 4 hours of instruction. Assumptions: The successful execution of this Statement of Work is based upon the following assumptions: Work will be performed during normal business hours, Monday through Friday, 8:00 am to 5:00 pm, except on holidays, unless otherwise agreed to by you and HTE VAR. All tasks will be performed over a consecutive time frame unless otherwise agreed to by you and HTE VAR. A maximum of 4 days on site for system installation, configuration and skills transfer. Prerequisites: Designate a focal point for communication relative to this project, with the authority to act on your behalf in matters regarding this project. Provide access to information, !Series systems, OS/400 programs products, peripherals and facilities, etc. required by HTE VAR personnel to complete our tasks. Provide adequate workspace and phone access during project services. Have an IBM Suppordine or HTE AS1400 Technical Suppordine contract Revised 12-12-00 Attachment B Page 4 of 3 LAQU-20030089-Schedule A-revised=203.doc29 Ilk 111111111111111111W GeV 92ndift? fer"Alt H*Ing Owernnuft Wbrk fttw." H.T.E., Inc. Statement ck"'A,4 ri .,*Wwo not ATTACHMENT C TO SCHEDULE A- PRICING AND PAYMENT SCHEDULE CONTRACT NO. LAOU-20030089 BETWEEN H.T.E.9 INC. AND CITY OF LA QUINTA, CA ES AGREEMENT NO. under =in 0, W'6of Work 01MM-10W "any resu stonier (You , unless sp 9 HTE VAR.' a P% ONS the terms of this otherwise in the Services and billed eln ")Q0 r on a fli rice ("Fixed -Price S6K es") basis. co ic&l ��o*)& 'Hpervi w. For Hourly Services, the Statement of Work specifies the hourly rate, the estimated hours and estimated expenses required to complete the project. This estimate is not a fixed -price commitment. Charges will equal the actual hours worked times the hourly rate, plus actual expenses and applicable sales taxes. For Fixed -Price Services, the Statement of Work specifies the fixed -price and estimated expenses. This expense estimate is not a fixed -price commitment. Charges will equal the fixed -price plus actual expenses and applicable sales taxes. Statement of Work Project Name: La Quints Technical Support LineServices 0 Hourly Services: Hours x $175.00, per Hour Estimated Total Charges OR CD Fixed -Price Services: 3,000.00 Invoiced Upon Product Start Estimated Expenses: Travel & Living and _ Other Expenses Estimated Start Date:- End Date: I Services: This Project Description, the Statement of Work and the Additional Terms on page 2 form our complete agreement (the "Agreement") regarding these Services and replace any prior oral or written communication between us. Agreement Number. 20030312BB03 140.2 Revised 12-12-00 Attachment C Page I of 3 LAOU-20030089-Schedule A-revised03120340C 30 Additional Terms Billing For Hourly Services, the minimum billing increment is fifteen (15) minutes. However, there will be a one -hour minimum for each day in which Services are provided on -site and a fifteen (15) minute minimum for each day In which Services are provided by telephone. We may Increase our hourly billing rate and minimums by giving you three (3) months' written notice. Hourly Services are invoiced weekly as the work progresses. Fixed -Price Services are invoiced as specified in the Statement of Work. Travel and other expenses are invoiced weekly using IRS mileage allowances for automobile transportation and actual cost for all other expenses. Charges for Services and expenses are due 30 days following receipt of invoice. Amounts past due are subject to a late payment charge of 1.5% per month. You agree to pay accordingly. You agree to pay applicable sales taxes or supply exemption documentation. Project Completion and/or Termination Hourly Services will end when we provide the estimated number of hours or upon the estimated project end date unless you authorize additional hours or an extension of the end date. In the event that additional hours are not authorized for incomplete project which is provided on an Hourly Services basis, we do not warrant that the Services will be completed. Fixed -Price Services will end when the tasks described in the Statement of Work are complete. Either party may terminate this Agreement on written notice to the other if the other breaches any material provision of this Agreement, including nonpayment of any charges hereunder. Upon termination, we will stop our work in an orderly manner as soon as practical. You agree to pay for all Services we provide, all materials (including programs, program listings, documentation, reports or other similar works of authorship) we deliver and all expenses we incur through the projects termination, including charges we incur in terminating subcontracts. Customer Obligation You agree to provide us reasonable access to the premises where Services will be provided during your business hours. You will also provide other onsite cooperation and assistance as may be reasonably requested by us. You agree to sign and deliver to us the Acknowledgment of Completion of Services when the tasks described in the Statement of Work are complete, or when we have provided the estimated number of hours of Services for Hourly Services (unless additional hours are authorized), whichever comes first. Subcontractors We have the right subcontract any part of the Services to a third party as we deem appropriate, provided that we will remain ultimately responsible for the Services, subject to the terms of this Agreement. Changes to Statements of Work The Statement of Work may only be changed by a written Change Authorization signed by both of us. The terms of the Change Authorization will prevail over those of the Project Description, the Statement of Work and any previous Change Authorizations. Warranty We warrant that we perform Services using reasonable care and skill in accordance with recognized standards in the industry. WE DO NOT PROVIDE ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant uninterrupted or error free operation of any Service. Limitation of Liability In the event that you are entitled to recover damages from us, in each Instance, regardless of the basis on which you are entitled to claim damages from us, we are liable only for an amount no greater than the sum of all payments you have made to us. This limit also applies to liabilities of any of our subcontractors. It is the maximum for which we and our subcontractors are collectively responsible. Under no circumstances are we or our subcontractors responsible to you or third parties for 1) loss of, or damage to, your records or data; or 2) special, incidental, consequential or other Indirect damages (including lost profits or savings), even If we are informed of their possibility. 123 Revised 12-12-00 Attachment C Page 2 of 3 LAQU-20030089-Schedule A-revis;W031203.doc 31 Acknowledgement of Completion of Services Customer hereby acknowledges that the Services required to be provided under Services Agreement No. 20030312BB03 have been completed, and such Services are hereby accepted. [name of Customer] By: Name: Title: Date: Revised 12-12-00 Attachment C Page 3 of 3 LAQU-20030089-Schedule A-mvised031203.doc 32 EXHIBIT "B" SPECIAL REQUIREMENTS [To Be Attached] 12i EXHIBIT "C" SCHEDULE OF PERFORMANCE [To Be Attached] 34 r �xAr .011 ''Y((niJRAiP w Vu OF 1''9 COUNCIL/RDA MEETING DATE: March 18, 2003 ITEM TITLE: Approval of Purchase and Sale Agreement with the Manninos for the City's Acquisition of Real Property Located North of Highway 1 1 1 and East of Adams Street and Identified as a Portion of APN 649- 020-006, for the Purposes of Roadway Improvements - the Extension of La Quinta Drive RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Purchase and Sale Agreement with the Manninos for the acquisition of property located north of Highway 1 1 1 and East of Adams Street in the City of La Quinta, identified as a portion of Assessor Parcel No. 649-020-006, for the purposes of an extension of La Quinta Drive. FISCAL IMPLICATIONS: City staff has negotiated a purchase price of $162,937.50 for the property to be acquired. That amount has been deposited by 1 1 1 Venture, LLC, with the City in Account No. 10 1 -000-261 -000, pursuant to the Reimbursement Agreement between the City and 111 Venture, LLC. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Staff is proposing for the City's Council's approval an Agreement for Purchase and Sale and Escrow Instructions to acquire approximately 16,469 sq. ft. of property located on the north side of Highway 1 1 1, east of Adams Street. A copy of the proposed agreement is provided as Attachment 1. The property is to be utilized for 127 the extension of La Quinta Drive, which at present terminates on the south side of Highway 111. The extension would allow the public to make full use of the intersection improvements located at Highway 1 1 1 and La Quinta Drive, which were paid for in part with City funds. On February 18, 2003, the City conducted a public hearing and adopted a Resolution declaring the public interest and necessity of the acquisition of the property. Subsequently, City staff entered into negotiations with the owners of the property and agreed upon a purchase price of $ 162,937.50 subject to the City Council's approval. The approval of the proposed agreement will avoid the expenses associated with the filing and prosecution of eminent domain proceedings. The City's Planning Commission, on January 28, 2003, reviewed the proposed acquisition and found it to be consistent with the City's General Plan under Government Code Section 65402. The City Council, in connection with the Resolution of Necessity, has already determined that the acquisition of the property is exempt from CEQA review under Title 14, California Code of Regulations, Sections 15301 and 15332. A notice of exemption was filed with the County Clerk on February 19, 2003. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Purchase and Sale Agreement with the Manninos for the acquisition of property located north of Highway 1 1 1 and East of Adams Street in the City of La Quinta, identified as a portion of Assessor Parcel No. 649-020-006, for the purposes of an extension of La Quinta Drive; or 2. Do not approve a Purchase and Sale Agreement with the Manninos for the acquisition of property located north of Highway 1 1 1 and East of Adams Street in the City of La Quinta, identified as a portion of Assessor Parcel No. 649-020-006, for the purposes of an extension of La Quinta Drive; or 3. Provide Staff with alternative direction. Respectfully submitted, Aet imothy R. nass , P.E. ublic wor Dire r/City Engineer 2 11 3 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Purchase and Sale Agreement AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of March _, 2003 ("Effective Date") by and between DOMINIC A. MANNINO AND PATRICIA J. MANNINO, HUSBAND AND WIFE, JAY FRANK MANNING, AS HIS SOLE AND SEPARATE PROPERTY, JODI ELIZABETH MANNINO, AS HER SOLE AND SEPARATE PROPERTY, JAN MARIE SATTERFIELD, AS HER SOLE AND SEPARATE PROPERTY, PHILLIP N. BINDER, TRUSTEE OF THE CHRISTOPHER J. MANNING TRUST U/I/D MARCH 5, 1986, PHILLIP N. BINDER, TRUSTEE OF THE JASON MICHAEL MANNING TRUST U/I/D MARCH 5, 1986, PHILLIP N. BINDER, TRUSTEE OF THE LINDSAY RAE SATTERFIELD TRUST, PHILLIP N. BINDER, TRUSTEE OF THE EMILY ROSE SATTERFIELD TRUST, PHILLIP N. BINDER, TRUSTEE OF THE HAILEE ANN SATTERFIELD TRUST, AS THEIR INTERESTS APPEAR OF RECORD (jointly, severally, and collectively, "Seller"), and the CITY OF LA QUINTA, a California municipal corporation ("Buyer"). RECITALS: A. Seller is the owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit "A" (the "Mannino Property"). B. Buyer desires to purchase a portion of the Mannino Property from Seller (the "Property") and Seller desires to sell the Property to Buyer, on the terms and conditions set forth herein. A legal description of the Property is attached hereto and incorporated herein as Exhibit "B" AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants herein contained, the parties hereto agree as follows: 1. PURCHASE PRICE. 1.1 Amount. Subject to the terms of this Agreement, Buyer hereby agrees to purchase the Property from Seller and Seller agrees to sell the Property to Buyer, for the purchase price of One Hundred Sixty -Two Thousand Nine Hundred Thirty Seven Dollars and fifty cents ($162,937.50) ("Purchase Price"). 1.2 Payment of Purchase Price. On or before 5:00 p.m. on the business day preceding the "Closing Date" (as that term is defined in Section 4.1) or such earlier time as required by "Escrow Holder" in order to close "Escrow" (as those terms are defined in Section 2.1) on the Closing Date, Buyer shall deposit with Escrow Holder the Purchase Price, and such additional funds as may be required to meet Buyer's portion of the closing costs as hereinafter provided. 882/015610-0064 _ 1 _ 130 377076.03 a03/11/03 2. ESCROW. 2.1 Opening of Escrow. Closing of the sale of the Property shall take place through an escrow ("Escrow") to be established within three (3) business days after the execution of this Agreement by the parties hereto, with First American Title Company ("Escrow Holder") at its office located at 3625 Fourteenth Street, Riverside, CA 92502-0986. The opening of the Escrow (the "Opening of Escrow") shall be deemed to be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder. Escrow Holder is instructed to notify Buyer and Seller in writing of the date of the Opening of Escrow. 2.2 Escrow Instructions. This Agreement, once deposited in Escrow, shall constitute the joint escrow instructions of Buyer and Seller to Escrow Holder. Additionally, if Escrow Holder so requires, Buyer and Seller agree to execute the form of escrow instructions that Escrow Holder customarily requires in real property escrows administered by it. In the event of any conflict or inconsistency between Escrow Holder's standard instructions and the provisions of this Agreement, the provisions of this Agreement shall supersede and be controlling. 3. TITLE MATTERS. Seller shall deliver to Buyer, within five (5) days after the Effective Date of this Agreement, a preliminary title report prepared by First American Title Company ("Title Company") describing the state of title of the Property together with copies of all underlying documents (collectively, the "Preliminary Title Report"). Buyer may, at its sole cost and expense, obtain a current survey of the Property (the "Survey") provided it does so within ten (10) days of the Effective Date. Notwithstanding anything herein to the contrary, Seller shall be obligated to remove all monetary encumbrances against the Property excluding non - delinquent real property taxes and assessments. Buyer shall notify Seller in writing of any objections Buyer may have to title exceptions contained in the Preliminary Title Report or matters shown on the Survey (if Buyer has obtained) no later than the date which is fifteen (15) days after the later of (i) its receipt of the Preliminary Title Report or (ii) its receipt of the Survey within the time period set forth above ("Buyer's Objection Notice"). Buyer's approval or disapproval of the matters set forth in the Preliminary Title Report (and the Survey, if applicable) may be granted or withheld in Buyer's sole and absolute discretion. Buyer's failure to provide Seller with a Buyer's Objection Notice within said period shall constitute Buyer's approval of al exceptions to title shown on the Preliminary Title Report and all matters shown on the Survey (if Buyer has obtained). Seller shall have a period of five (5) days after receipt of Buyer's Objection Notice in which to deliver written notice to Buyer ("Seller's Notice") of Seller's election to either (i) agree to remove the objectionable items on the Preliminary Title Report or Survey prior to the Close of Escrow, or (ii) decline to remove any such title exceptions or Survey matters and terminate Escrow and the obligations of Buyer and Seller to purchase and sell the Property under this Agreement. Seller's failure to provide Buyer with Seller's Notice within said period shall constitute Seller's election to remove the objectionable items on the Preliminary Title Report. If Seller, notifies Buyer of its election to terminate rather than remove the objectionable items on the Preliminary Title Report or Survey, Buyer shall have the right, by written notice delivered to Seller within five (5) days after Buyer's receipt of Seller's Notice, to agree to accept the Property subject to the objectionable items, in which event Seller's election to terminate shall be of no effect, and Buyer shall take title at the Close of Escrow subject to such objectionable items without any adjustment to or credit against the Purchase Price. All exceptions to title shown on the Preliminary Title Report, other than those which Seller may 882/015610-0064 377076.03 a03/11/03 -2- I rq agree to remove pursuant to this Section 3, shall be deemed to have been approved by Buyer unless Seller is notified otherwise in writing. Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, including any survey exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement. The process set forth above for Buyer's review and Seller's response shall apply to any review and response with respect to any amendment or supplement to the Preliminary Title Report, and the Closing shall be extended for such period as is necessary to allow for that review and response process to be completed. 4. CLOSE OF ESCROW. 4.1 Close of Escrow; Closing Date. Provided that all of the conditions of this Agreement precedent to the "Close of Escrow" (as hereinafter defined) have been satisfied (or waived by the appropriate party) prior to or on the Closing Date, the Closing of this transaction for the sale and purchase of the Property shall take place on the date which is five (5) days after the date on which all of "Buyer's Conditions to Closing" and all of "Seller's Conditions to Closing" (as those terms are defined in Section 8) have been satisfied (or waived by the appropriate party) ("Closing Date"). The terms "Close of Escrow" and the "Closing" are used herein to mean the time Seller's grant deed conveying fee title to the Property to Buyer is recorded in the Official Records of the Office of the County Recorder of Riverside ("Official Records"). If Escrow is not in a condition to close by the Closing Date, either party not then in default hereunder may, upon five (5) days advance written notice to the other party and Escrow Holder, elect to terminate this Agreement and the Escrow. No such termination shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. 4.2 Recordation; Release of Funds and Documents. 4.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official Records, the following documents in the order listed: (i) the grant deed in the form of the attached Exhibit "C" transferring title to the Property to Buyer ("Grant Deed"); and (ii) such other and further documents as may be directed jointly by Buyer and Seller. 4.2.2 Upon the Closing, Escrow Holder shall deliver (i) the Purchase Price, less any of Seller's closing costs, to Seller, and (ii) conformed copies of all recorded documents to both Buyer and Seller. 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER. 5.1 Buyer's Obligations._ Buyer agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following: (a) the Purchase Price; and 882/015610-0064 -3-I� i % �. 377076.03 a03/11/03 C (b) any and all additional funds, instruments or other documents required from Buyer (executed and acknowledged where appropriate) as may be reasonably necessary in order for the Escrow Holder to comply with the terms of this Agreement. 5.2 Seller's Obligations. Seller agrees that on or before 5:00 p.m. of the last business day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder each of the following: (a) the executed and acknowledged Grant Deed; (b) a Certificate of Non -Foreign Status (the "Non -Foreign Affidavit") executed and acknowledged by Seller in the form attached hereto as Exhibit "D"; and (c) all other funds, items, and instruments required from Seller (executed and acknowledged where appropriate) as may be reasonably necessary in order for Escrow Holder to comply with the provisions of this Agreement. 6. TITLE INSURANCE POLICY. 6.1 Title Policy. At the Closing Date, the Title Company, as insurer, shall issue an CLTA owner's standard coverage policy of title insurance ("Title Policy"), in favor of Buyer, as insured, with liability in the amount of the Purchase Price, subject to the following: (a) non -delinquent real property taxes and assessments; (b) title exceptions approved or deemed approved by Buyer pursuant to Section 3 above; (c) any other exceptions approved by Buyer; and (d) the standard printed conditions and exceptions contained in the CLTA standard owner's policy of title insurance regularly issued by the Title Company. 6.2 Payment for Title Policy. Seller shall be responsible for the charges for the Title Policy with coverage up to the amount of the Purchase Price. Buyer shall pay any additional coverage or endorsements it requests. Buyer may, at its election, request an CLTA extended policy of title insurance. Buyer shall pay the difference for the charges between the premium for the extended coverage title policy and the premium for the standard coverage title policy that Seller is responsible for hereunder. Buyer shall also pay for the CLTA survey, if applicable. 7. REAL PROPERTY TAXES. Upon Buyer's acquisition of fee title to the Property, the Property will be exempt from the payment of property taxes and assessments due to Buyer's status as a public agency. Seller shall be responsible for paying for all property taxes or assessments assessed against the Property after the Closing for any period prior to the Closing. 1?3 882/015610-0064 -4- 377076.03 a03/11/03 8. CONDITIONS PRECEDENT TO CLOSING. 8.1 Conditions Precedent to Buyer's Obligations. The obligations of Buyer under this Agreement to purchase the Property and close the Escrow shall be subject to the satisfaction or signed written waiver by Buyer of each and all of the following conditions precedent (collectively, "Buyer's Conditions to Closing"): (a) on the Closing Date, the Title Company shall be irrevocably committed to issue the Title Policy pursuant to Section 6 above insuring fee title to the Property as being vested in Buyer; (b) Escrow Holder holds all instruments and funds required for the Closing and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement; (c) except as otherwise permitted by this Agreement, all representations and warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled by the Closing Date; (d) Seller is not in material default of any term or condition of this Agreement. In the event that any of Buyer's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Buyer prior to the expiration of the applicable period for satisfaction or waiver, Buyer may terminate this Agreement. 8.2 Conditions Precedent to Seller's Obligations. The obligations of Seller under this Agreement shall be subject to the satisfaction or signed written waiver by Seller of each and all of the following conditions precedent ("Seller's Conditions to Closing"): (a) Escrow Holder holds the Purchase Price and all other instruments and funds required for the Closing and will deliver to Seller the instruments and funds, including but not limited to the Purchase Price (less Seller's closing costs) accruing to Seller pursuant to this Agreement; (b) except as otherwise permitted by this Agreement, all representations and warranties by the Buyer in this Agreement shall be true on and as of the Closing Date as though made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled by the Closing Date; (c) Buyer is not in material default of any term or condition of this Agreement. In the event that any of Seller's Conditions to Closing are not satisfied, deemed satisfied, or waived in a writing signed by Seller prior to the expiration of the applicable period for satisfaction or waiver, Seller may terminate this Agreement. 882/015610-0064 _ 5 _ 377076.03 a03/11/03 1 t� 9. POSSESSION. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date. 10. ALLOCATION OF COSTS. 10.1 Buyer's Costs. Buyer shall pay the following costs: (a) fifty percent (50%) of Escrow Holder's escrow fee; (b) Buyer's own attorney's fees incurred in connection with this Agreement and the transactions contemplated hereby; (c) fifty percent (50%) of all the charges for recording the Grant Deed, if any; (d) the premium difference between the CLTA extended policy of title insurance and the CLTA standard coverage policy of title insurance if Buyer requests an extended policy; and (e) any additional title insurance coverages Seller is not required to pay for plus any title endorsements requested by Buyer. 10.2 Seller's Costs. Seller shall pay: (a) fifty percent (50%) of the Escrow Holder's escrow fee; (b) Seller's own attorney's fees in connection with this Agreement and the transactions contemplated hereby; (c) (d) and (e) this Agreement. Any documentary transfer taxes associated with the conveyance; fifty percent (50%) of all the charges for recording the Grant Deed, if any; the premium for the Title Policy that Seller is required to pay pursuant to 11. CONDEMNATION. In the event that, prior to the Close of Escrow, any governmental entity shall commence any proceedings of or leading to eminent domain or similar type proceedings to take all or any portion of the Property, Buyer or Seller shall promptly meet and confer in good faith to evaluate the effect of such action on the purposes of this Agreement and following such meeting either Buyer or Seller may terminate this Agreement. 12. BUYER'S ASSISTANCE AS TO REMAINING MANNINO PROPERTY. Buyer agrees to assist the person or entity who develops the portion of the Mannino Property that Seller retains after Seller has conveyed the Property to Buyer (the "Remaining Mannino Property) in the following manner: 12.1 CALTRANS Application. Buyer and Buyer's staff will support, at no cost to Buyer, the application of owner or developer of the Remaining Mannino Property's to 882/015610-0064 _6_ 377076.03 a03/11/03 �J CALTRANS for one or more additional right -in, right -out access points between La Quinta Drive and Dune Palms, provided that the access points meet the City of La Quinta General Plan spacing and any other City requirements. Buyer's support as specified in this Section 12.1 shall consist of the submission of a letter from Buyer's Public Works Department to be submitted with Seller's application to CALTRANS acknowledging that Seller's application complies with the City of La Quinta requirements. 12.2 Drainage. Buyer and Buyer's staff will support, at no cost to Buyer, the owner or developer of the Remaining Mannino Property's efforts to obtain permission to drain storm water directly into the channel located to the north of the Remaining Mannino Property so that such drainage may be used to help satisfy the on -site drainage requirements of the Remaining Mannino Property. Buyer's support shall consist of the submission of a letter from Buyer's Public Works Department to be submitted with Seller's application to the Coachella Valley Water District acknowledging that Seller's application complies with the City of La Quinta requirements. 13. MISCELLANEOUS. 13.1 Assignment. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns. Neither party to this Agreement may assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent and approval of the other party, which consent and approval may be withheld in the sole and absolute discretion of either party. No provision of this Agreement is intended nor shall in any way be construed to benefit any party not a signatory hereto or to create a third party beneficiary relationship. 13.2 Attorneys Fees. In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions to this Agreement or the Escrow or otherwise in connection with the Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 13.3 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail registered, certified, postage fully prepaid and addressed to the respective parties as set fort below or as to such other address as the parties may from time to time designate in writing: To Seller: Dominic Mannino 71320 N. Thunderbird Terrace Rancho Mirage, CA 92270 Facsimile No.: 882/015610-0064 377076.03 a03/11/03 10 Copy to: Tuverson & Hillyard 74830 Highway 111, Suite 200 Indian Wells, CA 92210 Attn: Gregory R. Oleson, Esq. Facsimile No. 760-766-15 3 5 To Buyer: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager Facsimile No.: (760) 777-7101 Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92628-1950 Attn: M. Katherine Jenson, Esq. Facsimile No.: (714) 546-9035 13.4 Fair Meaning. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. 13.5 Headings. The headings at the beginning of each numbered Section of this Agreement are solely for the convenience of the parties hereto and are not a part of this Agreement. 13.6 Choice of Laws: Litigation Matters. This Agreement shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Municipal and Superior Courts of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Agreement. Service of process on Buyer shall be made in accordance with California law. Service of process on Seller shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 13.7 Nonliability of Buyer Officials. No officer, official, member, employee, agent, or representatives of Buyer shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 13.8 Gender; Number. As used in this Agreement, masculine, feminine, and neuter gender and the singular or plural number shall be deemed to include the others wherever and whenever the context so dictates. 13.9 Survival. This Agreement and all covenants to be performed after the Closing, and, except as otherwise set forth herein, all representations and warranties contained herein, shall survive the Closing Date and shall remain a binding contract between the parties hereto. 882/015610-0064 _ _ 137 377076.03 a03/11/03 8 111 13.10 Time of Essence. Time is of the essence of this Agreement and of each and every term and provision hereof, it being understood that the parties hereto have specifically negotiated the dates for the completion of each obligation herein. 13.11 Waiver or Modification. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Buyer and Seller. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 13.12 Broker's Fees. Seller and Buyer represent and warrant to the other that neither Buyer nor Seller has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney's fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with the conveyance of the Property arising out of agreements by the indemnifying party to pay any commission or finder's fee. 13.13 Duplicate Originals. This Agreement may be executed in any number of duplicate originals, all of which shall be of equal legal force and effect. 13.14 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 13.15 Exhibits. The following exhibits are attached hereto and incorporated herein by this reference: Exhibit "A" Legal Description of Mannino Property Exhibit "B" Legal Description of Property Exhibit "C" Grant Deed Exhibit "D" Non -Foreign Affidavit 13.16 Covenants of Seller. Seller agrees that during the period between the Effective Date of this Agreement and the Closing Date: (a) Seller shall maintain the Property in not less than the state of repair as that existing on the Effective Date (excepting ordinary wear and tear and the demolition and removal required to be performed by Seller pursuant to this Agreement); (b) Seller shall not convey, grant, lease, assign, mortgage, hypothecate, encumber, or otherwise transfer (on or off record) the Property or any interest therein; (c) Prior to Closing, Seller shall maintain Seller's existing insurance, if any, on the Property; and 882/015610-0064 -9- 377076.03 a03/11/03 12 (d) Seller shall not alter the physical condition of the Property or introduce or release, or permit the introduction or release, of any Hazardous Materials in, from, under, or on the Property. For purposes of this Agreement, the term "Hazardous Materials means any substance, material, or waste which is, or becomes, regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) methyl tertiary butyl ether, (ix) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (x) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (xi) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.(42 U.S.C. §6903) or (xii) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq. 13.1.7 Authori . The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such parry is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such parry is bound. 13.18 Entire Agreement; Amendment. Except as set forth above, this Agreement and the exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized officers or representatives of each of the parties hereto. [END -- SIGNATURE PAGE FOLLOWS] 882/015610-0064 -10- 1 377076.03 a03/11/03 1 3 IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. "Seller" DOMINIC A. MANNINO AND PATRICIA J. MANNINO, HUSBAND AND WIFE, By Dominic A. Mannino By Patricia J. Mannino JAY FRANK MANNINO, AS HIS SOLE AND SEPARATE PROPERTY, By Jay Frank Mannino JODI ELIZABETH MANNINO, AS HER SOLE AND SEPARATE PROPERTY, By Jodi Elizabeth Mannino JAN MARIE SATTERFIELD, AS HER SOLE AND SEPARATE PROPERTY, By Jan Marie Satterfield PHILLIP N. BINDER, TRUSTEE OF THE CHRISTOPHER J. MANNING TRUST U/I/D March 5, 1986 By Phillip N. Binder PHILLIP N. BINDER, TRUSTEE OF THE JASON MICHAEL MANNING TRUST U/I/D March 5, 1986 By Phillip N. Binder [signatures continued on next page] 882/015610-0064 377076.03 a03/11/0314 ATTEST: June Greek, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP M M. Katherine Jenson, City Attorney PHILLIP N. BINDER, TRUSTEE OF THE LINDSAY RAE SATTERFIELD TRUST By Phillip N. Binder PHILLIP N. BINDER, TRUSTEE OF THE EMILY ROSE SATTERFIELD TRUST By Phillip N. Binder PHILLIP N. BINDER, TRUSTEE OF THE HAILEE ANN SATTERFIELD TRUST By r Phillip N. Binder "Buyer" CITY OF LA QUINTA, a California municipal corporation [end of signatures] City Manager 141 882/015610-0064 -12- 377076.03 a03/11/03 is, First American this Agreement. Title Company agrees to act as Escrow Holder in accordance with the terms of FIRST AMERICAN TITLE COMPANY By: _ Name: Its: 14' 882/015610-0064 -13 - 16 377076.03 a03/11/03 EXHIBIT "A" LEGAL DESCRIPTION OF MANNINO PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: [SEE FOLLOWING PAGES] 143 882/015610-0064 377076.03 a03/11/03 17 # # # THATpownON OF 1'�!E WEST HALF OF THE ATER SECTION 29, TOWNSHIP S SOUTH, RANGE i EST, SAN sERWDI O BASE AND MERIDIAN, A SHOWN BY UNITED "TA" S GOVERNMENT SURVEYjAPPROVED JULY 15, 15561 LYING SoUl'HERLY OF THE COACHELLA 'GALLEY STORM. WATER RIGHT OF WAY, AS FESTA H THE STATE HIGKWAY RIGHT OF W AS GRAD TO THE STAB OF CALIFORKIA SY I RECORDED ED juLY 811936 IN BOOK 28S PAGE 210 OF OFFICIAL. RECORDS OF RIVERSIDE OUNT'Yo CALIFORNIA; M THAT ON LYING SOUTHER0 PARCEL OF LAND CONVEYED TO 71HE STAB OF CALIFDRO 1968 AS INSTRUMENT NO. 51793, OF OFFtCLAL RECORDS Of 882/015610-0064 377076.03 a03/11/03 EXHIBIT "B" LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: [SEE FOLLOWING PAGES] 145 882/015610-0064 377076.03 a03/11/03 19 SMNGTIM R^STSRLY LTA OF PARCBL MAP No. 2935 l,'P.M.B. 197/33-36, R:RC OF RJVMtSWE MUNTY, CALWORNLA.- TfMNCE souni Brl3*M" IIAST 8226 IVU7; 1100 882/015610-0064 377076.03 a03/11/03 9 00 'a 146 20 CI m1 Nx,% I FAA 882/015610-0064 147 377076.03 a03/11/03 21 EXHIBIT "C" FORM OF GRANT DEED [SEE FOLLOWING PAGES] 882/015610-0064 377076.03 a03/11/03 148 22 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager SPACE ABOVE THIS LINE FOR RECORDER'S USE (Exempt from Recordation Fee per Gov. Code § 6103) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, by and between DOMINIC A. MANNINO AND PATRICIA J. MANNINO, HUSBAND AND WIFE, JAY FRANK MANNINO, AS HIS SOLE AND SEPARATE PROPERTY, JODI ELIZABETH MANNINO, AS HER SOLE AND SEPARATE PROPERTY, JAN MARIE SATTERFIELD, AS HER SOLE AND SEPARATE PROPERTY, PHILLIP N. BINDER, TRUSTEE OF THE CHRISTOPHER J. MANNING TRUST U/I/D MARCH 5, 1986, PHILLIP N. BINDER, TRUSTEE OF THE JASON MICHAEL MANNING TRUST U/I/D MARCH 5, 1986, PHILLIP N. BINDER, TRUSTEE OF THE LINDSAY RAE SATTERFIELD TRUST, PHILLIP N. BINDER, TRUSTEE OF THE EMILY ROSE SATTERFIELD TRUST, PHILLIP N. BINDER, TRUSTEE OF THE HAILEE ANN SATTERFIELD TRUST AS THEIR INTERESTS APPEAR OF RECORD (jointly, severally, and collectively, the "Grantor"), hereby grants to the CITY OF LA QUINTA, a California municipal corporation ("Grantee"), that certain real property ("Property") located in the City of La Quinta, County of Riverside, State of California, legally described and depicted in Attachment No. 1, which is attached hereto, and incorporated herein by this reference, subject to all matters of record. [end — signature page follows] 882/015610-0064 1 23 377076.03 a03/11/03 "Seller" DOMINIC A. MANNINO AND PATRICIA J. MANNINO, HUSBAND AND WIFE, By Dominic A. Mannino By Patricia J. Mannino JAY FRANK MANNINO, AS HIS SOLE AND SEPARATE PROPERTY, By Jay Frank Mannino JODI ELIZABETH MANNINO, AS HER SOLE AND SEPARATE PROPERTY, By Jodi Elizabeth Mannino JAN MARIE SATTERFIELD, AS HER SOLE AND SEPARATE PROPERTY, By Jan Marie Satterfield PHILLIP N. BINDER, TRUSTEE OF THE CHRISTOPHER J. MANNING TRUST U/I/D March 5, 1986 By Phillip N. Binder PHILLIP N. BINDER, TRUSTEE OF THE JASON MICHAEL MANNING TRUST U/I/D March 5, 1986 By Phillip N. Binder [signatures continued on next page] 882/015610-0064 377076.03 a03/11/03 2 24 ATTEST: June Greek, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP 0 M. Katherine Jenson, City Attorney PHILLIP N. BINDER, TRUSTEE OF THE LINDSAY RAE SATTERFIELD TRUST By r Phillip N. Binder PHILLIP N. BINDER, TRUSTEE OF THE EMILY ROSE SATTERFIELD TRUST By +Phillip N. Binder PHILLIP N. BINDER, TRUSTEE OF THE HAILEE ANN SATTERFIELD TRUST By rPhillip N. Binder "Buyer" CITY OF LA QUINTA, a California municipal corporation M City Manager 882/015610-0064 _ 3 377076.03 a03/11/03 25 STATE OF CALIFORNIA ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] K- 2 882/015610-0064 _4_ 377076.03 a03/11/03 26 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 1�3 882/015610-0064 _ 5 377076.03 a03/11/03 27 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 154 882/015610-0064 _6_ 28 377076.03 a03/11/03 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally. known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] w 882/015610-0064 _7_ 29 377076.03 a03/11/03 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally ersonall known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 15) G 882/015610-0064 _8_ 377076.03 a03/11/03 30 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be th e person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me tat he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 882/015610-0064 _9_ 377076.03 a03/11/0331 ATTACHMENT NO. 1 LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: [SEE FOLLOWING PAGES] 882/015610-0064 Attachment 1 to Grant Deed 377076.03 a03/11/03 1�$ 32 EXHIBIT "D" AFFIDAVIT OF NON -FOREIGN ENTITY TO: CITY OF LA QUINTA ("Buyer") The Internal Revenue Code of 1954 ("Code") (26 U.S.C. Sections 1445, 7701) provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon transfer of that certain U.S. real property interest described in Exhibit "A" to the Agreement for Purchase and Sale and Escrow Instructions dated , 2003, and incorporated herein by reference ("Property"), that the undersigned ("Seller") hereby certifies the following: 1. Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); and 2. The U.S. taxpayer identification number for Seller is ; and 3. The address for mailing purposes of Seller is: and 4. Seller understands that this certification may be disclosed to the Internal Revenue Service by Buyer and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, I declare that I have examined this Certification and to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Seller. "Seller" DOMINIC A. MANNINO AND PATRICIA J. MANNINO, HUSBAND AND WIFE, By r Dominic A. Mannino By r Patricia J. Mannino JAY FRANK MANNINO, AS HIS SOLE AND SEPARATE PROPERTY, By Jay Frank Mannino [signatures continued on next page] 882/015610-0064 377076.03 a03/11/03 JODI ELIZABETH MANNINO, AS HER SOLE AND SEPARATE PROPERTY, By Jodi Elizabeth Mannino JAN MARIE SATTERFIELD, AS HER SOLE AND SEPARATE PROPERTY, By Jan Marie Satterfield PHILLIP N. BINDER, TRUSTEE OF THE CHRISTOPHER J. MANNING TRUST U/I/D March 5, 1986 By Phillip N. Binder PHILLIP N. BINDER, TRUSTEE OF THE JASON MICHAEL MANNING TRUST U/I/D March 5, 1986 By Phillip N. Binder PHILLIP N. BINDER, TRUSTEE OF THE LINDSAY RAE SATTERFIELD TRUST By Phillip N. Binder PHILLIP N. BINDER, TRUSTEE OF THE EMILY ROSE SATTERFIELD TRUST By Phillip N. Binder PHILLIP N. BINDER, TRUSTEE OF THE HAILEE ANN SATTERFIELD TRUST By Phillip N. Binder 1r0 34 AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BY AND BETWEEN DOMINIC A. MANNINO AND PATRICIA J. MANNING, HUSBAND AND WIFE, JAY FRANK MANNING, AS HIS SOLE AND SEPARATE PROPERTY, JODI ELIZABETH MANNING, AS HER SOLE AND SEPARATE PROPERTY, JAN MARIE SATTERFIELD, AS HER SOLE AND SEPARATE PROPERTY, PHILLIP N. BINDER, TRUSTEE OF THE CHRISTOPHER J. MANNING TRUST U/I/D MARCH 59 19869 PHILLIP N. BINDER, TRUSTEE OF THE JASON MICHAEL MANNING TRUST U/I/D MARCH 591986, PHILLIP N. BINDER, TRUSTEE OF THE LINDSAY RAE SATTERFIELD TRUST, PHILLIP N. BINDER, TRUSTEE OF THE EMILY ROSE SATTERFIELD TRUST, PHILLIP N. BINDER, TRUSTEE OF THE HAILEE ANN SATTERFIELD TRUST, AS THEIR INTERESTS APPEAR OF RECORD (JOINTLY, SEVERALLY, AND COLLECTIVELY, "SELLER") AND CITY OF LA QUINTA ("BUYER") isi 882/015610-0064 377076.03 a03/11/03 35 TABLE OF CONTENTS Page I 1. PURCHASE PRICE......................................................................................................... ..................................................................... 1.1 Amount ••••••• 1.2 Payment of Purchase Price....................................................................................1 ........1 2. ESCROW..........................................................................................................................2 2.1 Opening of Escrow...............................................................................................2 2.2 Escrow Instructions...............................................................................................2 3. TITLE MATTERS............................................................................................................ 2 4. CLOSE OF ESCROW......................................................................................................3 4.1 Close of Escrow; Closing Date............................................................................. 4.2 Recordation; Release of Funds and Documents ................................................... 3 3 5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER ............. 3 5.1 Buyer's Obligations.............................................................................................. 3 5.2 Seller's Obligations...............................................................................................4 6. TITLE INSURANCE POLICY. ........................................................... 6.1 Title Policy............................................................................................................ 6.2 Payment for Title Policy ...................................................................... ......••••••....""'4 4 ••••••..""""'4 7. REAL PROPERTY TAXES.............................................................................................4 8. CONDITIONS PRECEDENT TO CLOSING.................................................................5 8.1 Conditions Precedent to Buyer's Obligations.......................................................5 8.2 Conditions Precedent to Seller's Obligations....................................................... 5 9. POSSESSION..................................................................................................................6 10. ALLOCATION OF COSTS.............................................................................................6 10.1 Buyer's Costs........................................................................................................ 10.2 Seller's Costs........................................................................................................6 6 11. CONDEMNATION..................................................... .....................................................6 12. BUYER'S ASSISTANCE AS TO REMAINING MANNINO PROPERTY ..................66 12.1 CALTRANS Application................................................................................... 12.2 Drainage................................................................................................................ 7 13. MISCELLANEOUS.........................................................................................................7 13.1 Assignment...........................................................................................................7 13.2 Attorney's Fees..................................................................................................... 13.3 Notices.....................................................7 ............................................................. 13.4 Fair Meaning 7 8 882/015610-0064 377076.03 a03/11/03 36 Pate 13.5 13.6 13.7 13.8 Headings............................................................................................................... Choice of Laws; Litigation Matters...................................................................... Nonliability of Buyer Officials. ............................................... Gender; Number.................................................................................................... 8 8 • • • • • • • • • • • • • • • • • • . . """' 8 8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 Survival.................................................................................................................8 Time of Essence.................................................................................................... Waiver or Modification.............................................................9 Broker's Fees........................................................................................................9 Duplicate Originals............................................................................................... Severability...........................................................................................................9 Exhibits.........................................9 ........................................................................ Covenants of Seller...............................................................................................9 Authority.............................................................................................................10 Entire Agreement; Amendment..........................................................................10 9 9 EXHIBITS Exhibit A Legal Description of Mannino Property Exhibit B Legal Description of the Property Exhibit C Form of Grant Deed Exhibit D Form of Affidavit of Non -Foreign Entity IF3 882/015610-0064 —11- 377076.03 a03/11/03 �"i COUNCIL/RDA MEETING DATE: March 18, 2003 ITEM TITLE: Approval of a Professional Services Agreement (PSA) with Revenue Experts Inc. for Services Related to Administrative Citation Processing RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement ("PSA") (Attachment 1), with Revenue Experts Inc. for services related to administrative citation processing. FISCAL IMPLICATIONS: The PSA provides for the City to pay a flat rate of $22 per citation for administration. If a citation is appealed, the City will pay the consultant $50 an hour for the services of a hearing officer. All expenses associated with the PSA will be offset by fines generated by the citations. The estimated annual expense to the City associated with this contract is under $25,000. It is also anticipated that the administrative fine process will help to decrease the number of cases cited into court, which will help to decrease costs to the City associated with attorney's fees. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 19, 2002, the City Council adopted an Ordinance that established an administrative citation process. The administrative citation process is widely used by jurisdictions in California as an enforcement tool. Its use would reduce legal costs and staff time associated with prosecuting minor offenses in court. The City would still file misdemeanors for more severe violations where other compliance methods have failed. The process would provide the person cited with an opportunity to have his case 16 4 heard by a third party hearing officer. The hearing would allow for the City to present its case without overburdening the Municipal Court system with relatively minor cases. Fines levied by the administrative citations would go directly to the City, helping to defer the costs associated with gaining compliance. Under the proposed PSA, the consultant would provide all of the administrative functions associated with fine collection and appeal hearings as outlined in Exhibit A of the PSA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with Revenue Experts Inc. for services related to administrative citation processing; or 2. Do not approve a Professional Services Agreement with Revenue Experts Inc. for services related to administrative citation processing; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of ilding and Safety Approved for submission by: T omas P. Genovese, City Manager Attachments: 1. PSA with Revenue Experts Inc. 2 165 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and REVENUE EXPERTS, INC. ("Consultant'). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to administrative citation processing, appeal hearings and fine collection as specified in the "Scope of Services" attached hereto as Exhibit "A" (the "Scope of Services/Schedule of Performance") and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction, including any laws relating to procedures for collection. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and` restrictions attending performance of the work under this Agreement. Should Consultant discover any unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 975ro15610-0015 370495.03 PM03 iss KI 2.0 COMPENSATIQN 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation")(the "Contract Sum"). 2.2 Method of Payment. The method of payment shall be in accordance with Exhibit "W' 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "A". Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Ma�eure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, the term of this Agreement shall be a period of one year from the date this Agreement is executed. At the City's option, the Agreement may be extended for one additional year. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Marjorie A. Fleming It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. 975/015610-0015 370495.03 PM03 4 The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John Hardcastle, Community Safety Manager, or such other person as may be subsequently designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except for action taken by Consultant to fulfill its obligations with respect to providing hearing officers for City as specified in Exhibit 'W', Consultant shall not contract with any other entity or independent contractor to perform in whole or in part the services required hereunder without the express written approval of City. Subject to the foregoing, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE AND INDEMNIFICATION 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. For Personal Injury/Property Damage Coverage the minimum amount of insurance shall be $500,000 per individual; $1,000,000 per occurrence. 975/015610-0015 370495.03 PM03 I G3 S Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount of $1,000,000 per occurrence. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents ("City indemnitees") from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) ("Claims") and for errors and omissions committed by Consultant, its officers, anyone directly or indirectly employed by Consultant, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, errors or omissions, Consultant shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such Claims. In addition Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1r;9 975/015610-0015 370495.03 PM03 E. a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as .170 975/015610-0015 370495.03 PM03 7 required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 975/015610-0013 370495.03 PM03 8 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 NUSCELLANEOUS PROVISIONS 1' 4 975/015610-0015 370495.03 PM03 0 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: John Hardcastle 78-405 Calle Tampico La Quinta, California 92253 To Consultant: REVENUE EXPERTS, INC. Attention: Marjorie A. Fleming 4600 Campus Drive, Suite 203 Newport Beach, California 92660 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation Date: Thomas P. Genovese, City Manager ATTEST: June S. Greek, City Clerk 1711 975ro15610-0015 370495.03 PM03 10 APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Revenue Experts, Inc. By: Name: Title: Date: 174 975/015610-0015 370495.03 PM03 11 Exhibit A Scope of Services / Schedule of Performance Consultant shall timely perform the services described and set forth herein, as more specifically described as follows. A. Administrative Citations — Collection Services. City s Obligations Whenever City or its agents issues an administrative citation as authorized under the La Quinta Municipal Code C LQMC") Chapter 1.09 et seq., the City shall provide a copy of said citation to Consultant. Said copies shall be mailed to the Consultant at the end of each week to allow Consultant to ascertain the volume of citation activity, as well as the diversity of cited violations. City shall place a notification on each citation that all citation fines should be paid and delivered directly to Consultant. At its discretion, City may reject any payment made directly to City by a citation recipient or may accept such payment and forward such sums to Consultant. At least ten (10) days prior to the date of the hearing on Appeal, the City shall send to the Consultant via mail a supplemental report from City code enforcement staff. Such report shall provide a brief summary of the matter at hand, all document in possession of the City relating to the citation, and may include photographs of the cited violation. The City shall also mail to the citation recipient a copy of such report by mail, absent any privileged information, no less than ten (10) days before the date the hearing commences. On a monthly basis, City shall submit to Consultant copies of the Interagency Intercept Collections (`SIC") program paperwork and weekly statement, if any. Consultant Obligations Consultant agrees to provide at its own expense the following in connection with services rendered under this Agreement: All letters and other correspondence required to fulfill its duties under this Agreement, including, but not limited to, the following: (1) Thirty (3 0) calendar days after receiving a citation for processing, the Consultant shall mail a first notice to the citation recipient for payment or Appeal (`First Notice"); (2) Thirty (30) calendar days from the date of the First Notice, if the citation is unpaid or uncontested, the Consultant shall mail a second notice to the citation recipient stating the total amount due ("Second Notice"); (3) Thirty (30) calendar days from the Second Notice, if the citation is unpaid, the Consultant shall mail a final notice to the citation recipient demanding payment, notifying that future actions will be taken to collect the fine, and informing the citation recipient that 975/015610-0013 370495.03 PM03 175 12 additional processing costs will be added to the fine if left unpaid ("Final Notice'); (4) Responses on behalf of the City to all requests for hearings filed pursuant to LQMC section 1.09.080; (5) All legally required notices, including, but not limited to, those designating the time and place of the hearing; (6) All referrals to the Interagency Intercept Program, as discussed below; and (7) All other correspondence reasonably necessary to ensure that Consultant fulfills its obligations under this Agreement. Consultant agrees to prepare standardized First Notice, Second Notice, and Final Notice forms and provide the same for City approval prior to use. Consultant agrees to provide at its own expense any and all postage required to fulfill its duties under this Agreement. A toll free customer service telephone line ("Service Line") whereby citation recipients may speak to a customer service representative to obtain information regarding the La Quinta citation appeals process. Consultant further agrees to provide at least one customer service representative knowledgeable about the La Quinta citation appeals process during the hours of 9:00 a.m. to 5:00 p.m. of each business day to answer the Service Line. Consultant agrees to provide to City not later than the tenth (loth) of each month a monthly management report ('Management Report') that includes the information set forth in Section 2.2 of the Agreement and the following: (1) a list of all outstanding citations issued by the City and their payment status; (2) documentation of any and all written or oral communication by and/or between Consultant and a citation recipient regarding the status of a citation or Appeal; (3) itemized documentation of any amounts received by Consultant on behalf of each outstanding citation during the previous month; and (4) the status of all Appeals filed pursuant to LQMC section 1.09.080, including, but not limited to, the date and time of all pending Appeals. Access to a website database ("Website") which includes information regarding the current status of each individual citation issued by the City, as well as information about the La Quinta citation appeals process. The information on said Website shall be updated by Consultant on a weekly basis, and shall be accessible to the City as well as all citation recipients at all times. In determining the fee amount for any given administrative citation, Consultant agrees to adhere to the City's most current Bail Schedule, which City shall provide Consultant upon request. Consultant agrees to use its best efforts to obtain the payments owed from citation recipients, and shall strictly adhere to all legal requirements in doing so. B. Appeals. For each Appeal, Consultant agrees to provide an unbiased and neutral hearing officer C Hearing Officer") who shall preside at said hearing, and shall hear evidence and testimony regarding the Appeal. 176 975/015610-0015 370495.03 PM03 13 For each Appeal filed, Consultant shall notify the City of the Appeal by facsimile within two (2) business days after the filing of the same. Such notice shall be provided to the City no later than twenty 20 days before hearing date. Consultant shall take all necessary steps to ensure that each Hearing Officer assigned to an Appeal is familiar with the legal requirements for conducting an administrative hearing, including, but not limited to, Federal and State due process requirements. Upon receipt of notice of an Appeal, Consultant agrees to select a date and time for the hearing in a manner that maximizes the number of hearings per day. Notwithstanding the foregoing, all Appeals shall be heard not less than twenty (20) calendar days, but no more than ninety (90) calendar days from the date that the request for hearing is filed in accordance with LQMC section 1.09.080. Unless otherwise specified by City, all Appeals shall be heard at 78-495 Calle Tampico, La Quinta, CA 92253. Consultant agrees that the employment, performance, evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be in any way related to the results of prior decisions issued by said Hearing Officer. Consultant further agrees that Hearing Officer shall be considered an independent contractor of the Consultant for purposes of this Agreement. Consultant acknowledges that any Hearing Officer provided to City may be subject to disqualification as provided by California Code of Civil Procedure section 170.1 and LQMC section 1.09.070(C). Prior to assigning a Hearing Officer to hear an Appeal, Consultant shall determine whether the Hearing Officer is disqualified. In the event of such disqualification, the Consultant agrees to provide a substitute Hearing Officer at no additional charge to the City. Hearing Officer shall conduct the hearing on the appointed date and time as prescribed by the Consultant. The Hearing Officer shall hear all facts and testimony presented and deemed relevant to the. Appeal, consistent with the requirements of LQMC section 1.09.080(C). Within ten (10) working days of the conclusion of the hearing, the Hearing Officer shall provide his or her written decision ("Administrative Order") by certified mail to the petitioner at his or her last known address. The Administrative Order shall comply with the requirements set forth in LQMC section 1.09.090. Within ten (10) working days of the issuance of the Administrative Order, Consultant shall provide the City a copy of the Administrative Order either by overnight mail, certified mail, or facsimile. Should the Hearing Officer find against the citation recipient, and should such recipient file a petition for review in a court of law, Consultant shall ensure the availability of the Hearing Officer to assist the City in preparing for any proceeding in connection with said petition or to testify regarding the citation and his/her decision. B. Interagency Intercept Proms. 177 975/015610-0015 370495.03 PM03 14 If Consultant receives no payment or request for hearing from a citation recipient within thirty (30) days after sending the Final Notice, the Consultant shall take all necessary steps to place the citation on the Interagency Intercept Collections ("IIC"). Consultant must place the citation on the IIC according to Consultant's normal processing periods. When placing the citation on the IIC, Consultant must include the fine amount plus any additional costs associated with processing the citation with the IIC. The Parties understand that Interagency, Intercept Program will charge a flat rate of $10.00 per social security number ("III' Fee") for all debts placed in the Interagency Intercept Program system, regardless of the number of debts attached to each respective social security number. The Parties agree that Consultant shall advance all necessary IIP Fees, and seek reimbursement for such expense pursuant to subparagraph "3" of Exhibit `S" attached hereto ("Schedule of Compensation"). City agrees to report to Consultant all funds collected by the City through the Interagency Intercept Program on a weekly basis. C. Deposit of Funds Within five (5) business days of receipt, Consultant shall deposit all funds collected under this Agreement in a bank account designated by the City ("Account"). Consultant shall have no authorization to withdraw any funds from said Account. All funds within the Account, including the interest accrued on the Account, shall be the sole property of the City. Consultant shall include in the Management Report an itemized list of each deposit made in the Account as discussed hereinabove. The Account shall be solely under the control of the City, and the City shall have the right to withdraw funds from the Account at its discretion. 176 975/013610-0015 370495.03 PM03 15 Exhibit B Schedule of Compensation A. Fee Structure. The Parties hereby agree to the following fees for services rendered in connection with Consultant's provision of services: 1. City agrees to pay Consultant a flat rate of $22.00 per citation ("Flat Fee") for performance of all Consultant's obligations under this Agreement, with the exception of conducting the administrative hearings. 2. City agrees to pay Consultant an hourly rate of $50.00 for the services of a Hearing Officer during the administrative hearings. For any day in which the Hearing Officer is conducting one or more hearings pursuant to this Agreement, the Hearing Officer shall be paid for a minimum of four (4) hours. The Hearing Officer shall not be compensated for any time other than the administrative hearing itself. Thus, by way of example, and without limitation, Hearing Officer shall not be compensated for time spent for travel, research, review of the file, or preparation of the Administrative Order. The Hearing Officer shall not be paid for expenses associated with attending the hearing, such as travel expenses to and from the hearing. 3. City agrees to reimburse Consultant for all Interagency Intercept Program fees advanced by the Consultant pursuant to Section C of Exhibit A, the Scope of Services. B. Payment of Fees. City shall review the Management Report prepared in accordance with Exhibit "A" and, within 30 days of its approval of the same, shall remit payment to Consultant for the items set forth in Section A hereinabove. 17-1 975/015610-0015 370495.03 PM03 16 T a 41til 4 COUNCIL/RDA MEETING DATE: March 18, 2003 Approval of Funding Request From the Greater Coachella Valley Soap Box Derby RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the funding request from the Greater Coachella Valley Soap Box Derby in the amount of $1,350 for Franchise Fees from Account #101-251-663-667 and up to $2,800 for in -kind service costs from Account #101-453-703-847. FISCAL IMPLICATIONS: The Fiscal Year 2002-03 Budget contains two line items designated for the Greater Coachella Valley Soap Box Derby (GCVSBD). The Community Services Department Budget Account #101-251-663-667 contains funds for the Franchise Fees and the Public Works Department Account #101-453-703-847 contains funds for operating materials. The operating materials in the past have included the rental of barricades, labor for set up and break down of the barricades, signs and traffic control, encroachment permit, street closure notice preparation and distribution. There are sufficient funds in both the Community Services Department and Public Works Department budgets to accommodate the costs requested by the GCVSBD. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Greater Coachella Valley Soap Box Derby (GCVSBD) is requesting $1,350 for Franchise Fees for the one day event that will be held on Saturday, April 26, 2003 as provided in Attachment 1. Along with the Franchise Fees, the GCVSBD is requesting funding for the in -kind services that are performed by the City of La Quinta, such as street closures, traffic control devices, and public noticing of the event, as in the past. The amount awarded to the GCVSBD for the 2002 event included $1,300 for Franchise Fees and $1,900 for in -kind services for a total City contribution of $3,200. 1190 The amount granted to the GCVSBD in 2001 was $1,300 for Franchise Fees and $2,200 for in -kind service costs. It is anticipated that the in -kind costs for this year's event will be approximately $2,250. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the funding request from the Greater Coachella Valley Soap Box Derby in the amount of $1,350 for Franchise Fees from Account #101-251-663-667 and up to $2,800 from Account #101-453-703-847 for in -kind service costs; or 2. Approve the funding request from the Greater Coachella Valley Soap Box Derby in a different amount for Franchise Fees from Account #101-251-663-667 and a different amount for in -kind service costs from Account #101-453-703-847; or 3. Do not approve the funding request by the Greater Coachella Valley Soap Box Derby; or 4. Provide staff with alternative direction. esooctfully Oubmitted, Horvitz ,'C9Anunity Services Director Approved for submission by: v Thomas P. Genovese, City Manager Attachments: 1. Letter From Greater Coachella Valley Soap Box Derby ATTACHMENT 1 Greater Coachella Valley Soap Box Derby 42-600 COOK ST., STE. 120, PALM DESERT, CA 92211 • (760) 347-1412 FAX (760) 347-8771 Honorary Chairman Gerald R. Ford March 11, 2003 Ms. Dodie Horvitz City of La Quinta Calle Tampico La Quinta, CA 92253 Re: Funding Request for the 2003 Don Berry Memorial Greater Coachella Valley Soap Box Derby Dear Dodie: This letter is a request for the City of La Quinta to consider funding for the 2003 Don Berry Memorial Greater Coachella Valley Soap Box Derby. The amount of funding would include the Franchise Fee for two Divisions; Stock & Super Stock ($1,350.00 Invoice attached), costs associated with the Street closure (noticing, cones, barricades & personnel to set up and break down of street closure), street sweeping the morning of the race (5AM) and any other staff time you deem required. We have scheduled the race for Saturday, April 206 2003, per our conversation, the same day as the City's Birthday Celebration in the Fritz Burns Park. Former President Gerald Ford has agreed to be our Honorary Chairman again this year. As in previous years, we will call on the business community to donate other services, including but not limited to; Trash receptacles, large bin, porta potties (Waste Management), printing, postage, water, t-shirts, trophies, graphic artist, travel arrangements for winners and their families, etc. These expen*es are underwritten by the 222 Club of Palm Springs, volunteers and corporate sponsors. The City of La Quinta's support in the past for this great family event has been appreciated by our Committee, volunteers, sponsors and most of all the children and parents of the participants. Thanking you in advance for your consideration. If you have any questions, please feel free to give me a call at 347-1412. Sincerely, /Lucia Moran, Race Director cc: Mayor & City Councilmembers 18= 3 ~ji RECYCLED PAPER PRINTING DONATED BY LITTLE GIANT PRINTERS INVOICE FROM: International Soap Box Derby P.O. Box 7225 Akron, Ohio 44306 TO: Boys & Girls Club of Coachella Valley 42-600 Cook St. Ste 120 Palm Desert, CA 92211 PURPOSE: Stock and Super Stock Division(s) License Fee (Insurance Included) $1,350.00 PLEASE ENCLOSE ONE COPY OF THIS INVOICE WITH THE PAYMENT PAYMENT MUST BE RECEIVED NO LATER THAN AP , i`�9�3' THANK YOU 183 COUNCIL/RDA MEETING DATE: March 18, 2003 Consideration of Funding Request by the Veterans of Foreign Wars RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Should the City Council approve the funding request by the Veterans of Foreign Wars (VFW), funds from the Special Projects Contingency Account (10 1 -251 -663-000) could be used. This account has an uncommitted balance of $9,795 as of this report. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the March 4, 2003 City Council meeting, the City Council requested the funding request from the VFW be placed on the March 18, 2003 agenda for consideration. The VFW is requesting a Community Service Grant for the facility use fees for the La Quinta Senior Center on April 26, 2003. The VFW would like to host a fund-raising dinner for the La Quinta High School Junior Air Force Reserve Officer Training Corp., as provided in Attachment 1. The La Quinta Senior Center facility use fees for the VFW event are $390, plus a $300 cleaning deposit for a total amount due of $690. The VFW has received Community Service Grant funding during Fiscal Years 2001-02 and 2002-03 in the amount of $1,125 each year for use of the La Quinta Senior Center for their monthly meetings. 184 S:\Community Services\CCReports\CC.247.VFW Funding Request.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Community Service Grant for facility use of the La Quinta Senior Center by the VFW for April 26, 2003; or 2. Do not approve the Community Service Grant for facility use of the La Quinta Senior Center by the VFW for April 26, 2003; or 3. Provide staff with alternative direction. p ctfully submitted, V Dodie Horvitz, Co munity Services Director Approved for submission by: C Thomas P. Genovese, City Manager Attachment: 1. Funding Request From The Veterans of Foreign Wars 193 SACommunity Services\CCReports\CC.247.VFW Funding Request.doc V W VETERANS OF FOREIGN WARS OF THE U.S. AN ORGANIZATION OF VETERANS WHO HAVE FOUGHT AMERICA'S FOREIGN WARS ON LAND AND SEA AND IN THE AIR City of La Quinta P.O. Box 1504 78495 Calle Tampico La Quinta, CA 92253 D C v l �► I- HB 27 M CITY OF LA OJI`,7 CIT01AN,% ER S U.PT Dear Mayor Adolph and Members of the City Council: ATTACHMENT 1 La Quint. R�o' st 855 La Quinta, CA 92253 February 26, 2003 La Quinta VFW Post 855 and the La Quinta High School Junior Air Force ROTC are developing a Scholarship Program to benefit the outstanding Male and Female ROTC cadets. To raise funds for this Scholarship Program, we are planning to hold a spaghetti dinner in the near term This dinner is tentatively scheduled for Saturday, April 26m, at the La Quinta Senior Center. We are projecting an attendance of 100 to 150 dinner guests, with a suggested donation of $5.00 per person. The Senior Center appears to be the only public facility in La Quinta that can reasonably accommodate a dinner of this size. VFW members, wives, cadets and parents will provide and prepare the food, will serve, and will clean up. We have had discussions with Diane Aker of the La Quinta staff concerning the availability of the April date and the feasability of holding this affair at the Senior Center. The date is currently available, and she agrees that this is the most feasible facility in La Quinta in which to hold this event. However, she has also informed us that the fees associated with using the Senior Center for a four hour dinner period would run approximately $260.00 for rental plus $82.50 for general liability insurance. In addition, there is a refundable security deposit required in the amount of $300.00. We have been projecting a target of $500.00 for the two cadet scholarships. However, we are concerned that the rental fees, in addition to the cost of food, beverages, rolls, tableware, etc. will seriously erode the anticipated profits that would otherwise fund the Scholarship Program at the projected level. We therefore respectfully request that the City Council take the required action to mitigate all the various fees associated with the use of the La Quinta Senior Center for this charitable event. La Quinta VFW Post 855 is a non-profit Organization. We trust that the City Council will agree to support this request, so that we can proceed with making our dinner arrangements. Si erely, John G. Fleck, Commander La Quinta VFW Post 855 (760) 771-2544 'rMS Dan McKim LQHS Jr. AF ROTC Program 3 VETERAN S O F FORE IGN WAR S OF I HE UNITE D S TAT E S -r 44Q OF T9 COUNCIL/RDA MEETING DATE: March 18, 2003 ITEM TITLE: Consideration to Award a Contract to Construct Phase II Fritz Burns Park Court Improvements, Project No. 2000-15A RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: . CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appropriate funding in the amount of $65,000, from Quimby Funds in order to award Project No. 2000-15A. Award a contract to Courtmaster Sports, Inc. in the amount of $129,654 to construct Base Bid and Additive Alternate Concept No. 3 improvements for Phase II Fritz Burns Park Court Improvements, Project No. 2000-15A. Approve the proposed project construction budget. FISCAL IMPLICATIONS: This project is currently identified within the City's approved Capital Improvement Program (CIP) for Fiscal Year 02/03. The following summarizes funding available for this project: Amount Budgeted - RDA Project Area 1 $284,894 Expenditures to Date ($91,270) Remaining Fiscal Commitment- Fritz Burns Court Lighting ($15,669) Contract Amount La Quinta Skate Park at Fritz Burns Park ($81,280) Remaining Project Funds Available $96,675 Proposed Quimby Fund appropriation $65,000 Potential revised available funds $161,675 The following table illustrates the proposed project construction budget based upon the actual bid received. Base Bid (without any additive alternate concepts) $75,137 Inspection/Testing/Survey (8.25%) $6,199 Contingency 0 0%) $8,134 Total $89,470 As illustrated, adequate funding is available to award the base bid amount, including construction support costs and contingency. Additional options available for consideration to award: Additive Alternate Bid Base Bid Amount Inspection/Testing/Survey Contingency Total Less Current Available Funding Additional funding needed to award Concept No. 1 $56,437 $75,137 $10,855 $14,243 $156,672 ($96,675) $59,997 Concept No. 2 $53,317 $75,137 $10,597 $13,905 $152,956 ($96,675) $56,281 Concept No. 3 $54,517 $75,137 $10,696 $14,035 $154,385 ($96,675) $57,710 Staff recommends an appropriation from Quimby Funds to the project budget in the amount of $65,000 to support a contract award of the Base Bid with Additive Alternate Concept No. 3, including construction support costs and contingency. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: During the City Council meeting of February 18, 2003, the City Council approved the scope of Project No. 2000-15A, Phase II Fritz Burns Park Court Improvements, and authorized staff to advertise for bids. 18& T:\PWDEPT\COUNCIL\2003\030318a.AIPF15.doc 2 On Friday, March 7, 2003, a single bid was submitted by the firm of Courtmaster Sports Inc., of Palm Springs, California. Staff has evaluated this bid and finds it to be consistent with current construction costs for the improvements specified in the bid documents. The bid documents also contained Additive Alternates described as Concepts Nos. 1, 2 & 3. (Attachment 1, 2, and 3) These alternates each call for removing existing turf and damaged hardscape located in the corridor between the No. 1 and No. 2 north tennis courts. The same treatment is scheduled for the corridor separating the northern four tennis courts from the southern two tennis courts. Both corridor locations will receive new benches. Removals, bench modifications and the installation of Desert Gold fines around existing trees is the same scope of work in all three (3) concepts. A brief description of the difference between each concept follows: Concept No. 1 - This concept includes over 4,000 square feet of concrete with pavers around the bench areas in the corridor between the northern 4 courts and the southern 2 courts. This concept calls for installing 2,600 square feet of pavers with concrete around the bench areas in the area between the northern No. 1 and No. 2 courts. Concept No. 2 - This concept calls for placement of an all -concrete surface within the two corridors between the courts, estimated to be 6,750 square feet for both locations. Concept No. 3 - This concept calls for placement of concrete (5,750 square feet) in both corridor Locations with pavers installed (1,000 square feet) under the bench areas only. Staff recommends Concept No. 3 be awarded to eliminate ongoing problems of accumulation of landscape maintenance debris and excess irrigation water on the tennis courts, reducing long term court maintenance costs. By eliminating the turf area this will also eliminate excess irrigation water from entering the courts. These improvements will address drainage problems by allowing water to seep through paver areas and by directing nuisance water into the citywide stormwater drainage system. This should also extend the useful life of the courts. Contingent upon award on March 18, 2003, the following milestone dates represent the proposed project schedule to completion: Approval to Award Construction Contract March 18, 2003 Execute Contract Documents April 7, 2003 18 T:\PWDEPT\COUNCIL\2003\030318a.AIPF15.doc 3 Notice to Proceed/Pre-construction Conference April 14, 2003 Construction Period (60 consecutive calendar days) April 14 - June 14 Accept Improvements July 1, 2003 Staff will make every reasonable effort to accelerate any milestone date that may present itself to reduce the overall project schedule. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate funding in the amount of $65,000 from Quimby Funds in order to. award Project No. 2000-15A; award a contract to Courtmaster Sports, Inc. in the amount of $129,654 to construct Base Bid and Additive Alternate Concept No. 3 improvements for Phase II Fritz Burns Park Court Improvements, Project No. 2000-15A; and approve the proposed project construction budget; or 2. Do not appropriate funding to award Project No. 2000-15A, award a contract to construct Phase II Fritz Burns Park Court Improvements, Project No. 2000-15A, or approve the proposed project construction budget; or 3. Provide staff with alternative direction. Respectfully submitted, Jubimothy R. Jo ass P.E. lic Works irector/City Engineer Approved for submission by: �O 2�1 e� Thomas P. Genovese, City Manager Attachments: 1. Add Alternate Concept No. 1 2. Add Alternate Concept No. 2 3. Add Alternate Concept No. 3 T:\PW DEPT\COUNCII\2003\030318a.AIPF 15.doc 190 4 ADD ALTERNATE CONCEPT No. 1 ATTACHMENT 1 • � E^ Y 1. ¢�k / Y" "� L7�4Ar/t ia'irk�'�''kB.F S F r# r. ri3 ..� ,' l..i J ^fi.• 1 i,.. ` T . 1 '+♦• :F 4 <;hep y r • e fy,'"'i�"�",��+ .f �,•F � f d ..r t� �� r„. �, , 0 �' MK7 _-::Yr4 C �� :+i` A:.•'+44r1k q r r 4 x ! S y4 y g le . kr aa essa ampp WE== � ADD ALTERNATE CONCEPT NO. 2 PREPARED BY: LEONARD R. ST. SAUVER 3103 ATTACHMENT 2 .N. �(x 1}:� .. :• Y }P' P tiJ�'R M t LSMHSA�' r+^ h' .�' "% g, } �i,� �# � Hf a •51 y ,Pk 1.Mr Y� R h= wx1 -0R,.yi`M:4 p ya i iyriffi i�' :1 T..1 ` t i vrtif 1 •, - t i� �' ��' r r. •. it � t r r L E ^•;� t3�A91►"1 -•,� 1r' ;•'R,.ly6"a ui!• r . ? 1 �y � � ■ i '}, ram• a ar ':N AA,.,,yl} 1-r' #V191•P•!� <S�.'WKir a' a+MM,'A�•;+ _3�rr �• # r A ?may. I � �x � `� Y N�# W � �1 i•" k } ,� E� �y}�CF { A v�4H•r.~ YrY 4 �,� j : i j��- "i 3 ,7� a j t, iy ra , , ^f R x • 191 W ADD ALTERNATE CONCEPT NO. 3 PREPARED BY : LEONARD R. ST. SAUVER 3103 ATTACHMENT 3 a y _ 193 COUNCIL/RDA MEETING DATE: March 18, 2003 Consideration of an Appeal of the Planning Commission's Decision of January 28, 2003, Approving Sign Application 2003-679 for a Sign Program Amendment to Allow the Replacement of Two Monument Signs and the Removal of One Monument Sign, Subject to Findings and Conditions, Located Within the Von's Shopping Center at the Southwest Corner of Washington Street and Highway 111. Appellant: Jim Symons and Censource RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Uphold the action taken by the Planning Commission approving Sign Application 2003- 679 to allow the replacement of two monument signs and the removal of one monument sign, subject to findings and conditions, located within the Von's Shopping Center at the southwest corner of Washington Street and Highway 111. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At its January 28, 2003 meeting, the Planning Commission voted 4-0 (one Commissioner absent), to adopt Minute Motion No. 2003-002 approving Sign Application 2003-679 for a Planned Sign Program Amendment for the Von's Shopping Center located at the southwest corner of Washington Street and Highway 111 (Attachment 1) . 194 On February 12, 2003, Jim Symons, on behalf of Von's, filed an appeal of the Planning Commission's decisions on the project. In summary, the applicant is appealing Condition No. 2 that was imposed on the project which requires ten inch high letter heights for all tenant signs within the monument signs. A copy of the appeal letter is attached (Attachment 2). In addition, copies of the January 28, 2003, Planning Commission Staff Report and meeting minutes are also attached (Attachments 3 & 4) . The shopping center has an existing approved Planned Sign Program. However, it does not address the existing monument signs. With the approval of the Sign Program Amendment, monument signs would be included as part of the existing Sign Program for the shopping center, would allow signs on the monuments in accordance with Code requirements, and would bring the entire center into compliance with the Zoning Code in terms of signage. The Zoning Code allows one monument sign per street frontage with a maximum height of eight (8) feet and minimum letter heights of ten (10) inches. While the proposed monument signs are less than eight feet in height, the tenant signs on the monument signs do not have letter heights of ten inches minimum. The applicant proposed monument signs with tenant signs having letter heights ranging between 5 and 11 inches (Attachment 5). The applicant was conditioned by the Planning Commission to meet the ten inch minimum Code requirement (Condition #2). The applicant is appealing Condition #2 of the approval and is requesting to keep the monument signs as proposed. The basis for the appeal is that the 10 inch letter height requirement would not allow a variation in size, thereby distinguishing between major and minor tenants in the shopping center. FINDINGS AND ALTERNATIVES: Findings necessary to approve the request, as conditioned by the Planning Commission on January 28, 2003, can be made and are attached. Alternatives available to the City Council include: 1. Adopt a Minute Motion of the City Council upholding the Planning Commission's decision approving Sign Application 2003-679 for a Sign Program Amendment, to allow the replacement of two monument signs and the removal of one monument sign, subject to findings and conditions; or 2. Direct staff to prepare Resolutions modifying the Planning Commission's decision; or 19 2 3. Direct staff to prepare Resolutions denying the Planning Commission's decision; or 4. Provide staff with alternative direction. RespLectfully submitted, an,W—Ommunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Site Location Map 2. Appeal date stamped February 12, 2003 3. January 28, 2003 Planning Commission Staff Report 4. January 28, 2003 Planning Commission Meeting Minutes 5. Plan Set 3 19.6 H IjO —" suo!l!puoa 41! Z #! !4x3 J Owa85 L.9- 5 •oN asEa � LL H Q ('n -'�--- SlEIjIUl O 4 O LL > - 'idea •nea Al!unwwoa CO Z W m O W Q W pounoa Ai!a ❑ w D Za,-4 i� 1 i , uolssiwwoa 6u!uuEl�,p t3�J IIE 6w m Q O $H 4 PG- WAUJ 0 0 b C9 LZ�~ Wwom� W U' N W � Z aU o � 133a1S NOlJNIHSHM v, JW a �, cn�0 > zz g� d� 0 Zom� NU50-,N _j� —��z xLLa�W Eu, o CL Omoz woa000 �� d 0 � V `t¢C�C�aOwaWWf Ix F- 0mErnowW�-m< Jd LL��J c1iM 0 • �Z ATTACHMENT #1 M LL -w CL 0 z rSb 0 00 N �% ai O Z r� H U cog N O N N 4 V 4 V W seas .. CV M W at c4G t�G tVt� g a 197 0 0 ATTACHMENT #2 Permit Service P.O. Box 16659 San Diego CA 92176 (619) 280 - 5345 2.11.03 Community Development Dept. City of La Quinta La Quinta, California 92253 Attn. Martin Magalffa Mr. Maga'Ka, The purpose of this letter is to apply for an "Appeal of Findings And/Or Conditions." Specifically, I refer to Sign Application 2003-679 that was acted on at the Planning Commission meeting of l .28.03 at City of La Quinta. In particular, Vons is intent on appealing condition #2 in the "General" section of the Agenda. The condition reads as follows: "The applicant shall submit plans showing a minimum of ten inches in letter heights for all tenant signs within the monument signs." The basis for the appeal is that this condition does not allow for sign copy that, by variation in size, distinguishes between major and minor tenants in the retail center. The currently proposed monument sign has a tenant panel for the anchor (Vons) that is 21 inches high, with copy that is 18 inches high. Whereas the size of the minor panels are 8 inches high. In summation, Vons asks that the City consider the fact that the monument signs as proposed are proportional to the uses of the Plaza La Quinta Center. Your consideration is greatly appreciated. Sincerely, ,---q V7;0;1� Jim Symons JGS Permit Service Authorized Agent for Censource, Inc. (sign contractor) 198 w ATTACHMENT #3 DATE: CASE NO: .APPLICANT/ PROPERTY OWNER: REQUEST: LOCATION: STAFF REPORT PLANNING COMMISSION JANUARY 281 2003 SIGN APPLICATION 2003-679 CENSOURCE/(VON'S SUPERMARKET) FILE COPY CONSIDERATION OF A SIGN PROGRAM AMENDMENT ' TO REPLACE TWO MONUMENT SIGNS AND THE* ELIMINATION OF ONE OVAL SIGN IN THE VONS SHOPPING CENTER. SOUTHWEST- CORNER OF WASHINGTON STREET AND HIGHWAY 111 (78-483 HIGHWAY 111; APN: 604-050-013), ENVIRONMENTAL CONSIDERATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS REQUEST IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO ARTICLE 19, SECTION 15311, OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). GENERAL PLAN/ ZONING DESIGNATIONS: REGIONAL COMMERCIAL (CR)/REGIONAL COMMERCIAL (CR) SURROUNDING � LAND USES: NORTH: POINT HAPPY COMMERCIAL CENTER SOUTH: RESIDENTIAL EAST: LA QUINTA COURT COMMERCIAL CENTER WEST: CITY OF INDIAN WELLS 193 • BACKGROUND: The project site is located at the southwest corner of Washington Street and Highway 111 (Attachment 1) which is the Von's Shopping Center. This project has an existing approved planned sign program. However, it does not include monument signs. Currently, the sign program is for tenant identification only. If approved, this amendment will be added to the existing sign program. The Zoning Code states that changes to an approved planned sign program require approval from the Planning Commission. PROJECT PROPOSAL: The applicant proposes to remove the "Von's" monument sign which is located at the center entrance to the site off of Highway 111 In addition, the applicant proposes to replace the two remaining monument signs with a new type of sign (Attachment 2). The existing signs are internally illuminated and are approximately seven (7) feet high by six (6) feet wide. The new signs will be internally illuminated and installed in the same locations as the existing signs (Attachment 1). Sign B is proposed for the northwest end of the shopping center site, and sign "C" is proposed for the southeast end of the center. The signs will be slightly smaller measuring six (6) feet -six 46) inches high by five (5) feet wide. Each of the proposed signs will be placed on new concrete base. The existing electrical conduits will remain to provide electricity to the signs. The Zoning Code allows one monument sign per street frontage with a maximum height of eight (8) feet and minimum letter heights of ten (10) inches. , While the . monument signs are less than eight feet in height, the tenant signs on the monument sign do not have letter heights of ten inches minimum. The applicant will be conditioned to provide minimum letter heights of ten inches to meet the Sign Ordinance. Overall, the design of the signs are compatible with the existing center. With regard to sign "C", the applicant proposes to remove the two existing palm trees so that the sign can be set back off Washington as far as possible to allow adequate visibility for people as they exit the center. This is a right -in, right -out, and left -in only intersection. Currently, people exiting the center have an obstructed view unless they pull their vehicles out into the right-of-way, which creates a safety hazard. With the palm trees removed, and the sign installed approximately three feet back, it would allow adequate visibility for those exiting the center at the east end. Landscaping such as low shrubs and ground covers will be installed around the monument sign for enhancement similar to the one sign at.the northwest end of the center. 200 STATEMENT OF MANDATORY FINDINGS: Findings necessary to approve this request pursuant to Section 9.1260.090.E.1. of the City of La Ouinta Zoning Code can be made and are contained below. 1. To facilitate compatibility with the architecture of structures on the site and improve the overall appearance on the site. RECOMMENDATIONS: 1. Adopt Planning Commission Minute Motion No. , approving the applicant's request for the Sign Program Amendment as proposed. Attachments: 1 Plan Set Prepared by: Martin Magana Associate Planner 201 • • PLANNING COMMISSION MINUTE MOTION 2003-002 SIGN APPLICATION 2003-679 CONDITIONS OF APPROVAL -ADOPTED JANUARY 28, 2003 GENERAL 1. The signs shall be in conformance with the approved plans contained in Sign Application 2003-679, and on file in the Community Development Department, unless otherwise amended by the following conditions. 2. The applicant shall submit plans showing a minimum of ten inches in letter heights for all tenant signs within the monument signs. 3. The applicant shall obtain the proper building permits and inspections needed to install the signs. Said work shall be done by a licensed and insured contractor. 4. The applicant shall install landscaping around the monument signs to enhance their appearance within the center. 5. The applicant/property owner agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, or litigation arising out of the City's approval of this project. This indemnification shall include any award toward attorney's fees. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 20f ATTACHMENT #4 FILE COPY Planning Commission Minutes January 28, 2003 till 8:00 a.m. 38. Commissiaper Kirk stated that if the other Commissioner Members do not con 'der it an issue he would relinquish the idea. 39. There being no discussion, it was/moved and seconded by Commissione Robbins/Kirk to Oopt Resolution 2003-003, certifying a itigated Negative eclaration of environmental impact for nvironmental ssessment 2002-460, as recommended. ROLL CALL: AYES: Co missioner Abels, Kirk, Robbins, and Vice Chairman T ler, NOE : None. ABSENT: Chairman Butler. ABSTAIN: ne. 40. It was moved and s co ded by Commissioners Kirk/Robbins to adopt Resolution 20 004 approving Site Development Permit 2002-753, subject to a conditions as amended. A. Staff w/it h a licant to design the lighting with 16-18 foot higsta ards; B. Conditio0a plicant shall dedicate or acquire a six foot strand fr m the landscape lot adjacent to the existingof way their expense or request the Council acquireondemn tion. C. Condit' n #11: applica t shall provide a 20 foot landscape setba from the edge o the new right of way. D. Add ondition: a provisio added to the CCFtR that no other pha macies, or related us ,would be allowed on the site. E. Co dition #38: Discretion i given to the City Engineer on h w the shared drive is impmented. F. ondition #40: eliminated. G. / ondition #50: the drive throu'gh lane shall be 9 feet wide with a 3 foot island and ten footwide lane. ROLL CAI,'L: AYES: Commissioners Abels, Kirk, Robbins, and Vice Chairman Tyler, NOES: None. ABSENT: Chairman Butler. f ABSTAIN: None. Vice Chairman Tyf6r recessed the meeting at 8:50 p.m. and reconvened at 9:00 p.m. V11. BUSINESS ITEMS: A. Sign Application 2003-679, a request of Censource/Von's Supermarket 203 GAVVPDOCS\PC Minutes11-28 03.wpd r Planning Commission Minutes January 28, 2003 for consideration of a sign program amendment to replace two monument signs and the elimination of one oval sign in the Von's Shopping Center located at the southwest corner of Washington Street and Highway 111 (78-483 Highway 111). 1. Vice Chairman Tyler asked for the staff report, a copy of which is on file in the Community Development Department. 2. Vice Chairman Tyler asked if there were any questions of staff. Commissioner Robbins asked why there was a minimum letter size. Staff stated it was limited by the Code. 3. Vice Chairman Tyler asked what part of the sign on Washington, street was being removed. Staff stated the entire sign. The Code allows one monument sign per street frontage. Vice Chairman Tyler stated he would prefer to keep the Plaza La Quinta sign. In regard to the letter size, what latitude does the Commission have. Community Development Director Jerry Herman stated the Commission has the latitude to approve what has been submitted and what will remain. Vice Chairman Tyler stated the distance they are proposing to move sign, back, should be clarified. Community Development Director Jerry Herman stated the verbiage could be clarified to state it will be moved to the back of the inside of the curb line. 4. There being no further questions of staff, Vice Chairman Tyler asked if the applicant would like to address the Commission. Mr. Tim Pitts, representing Von's Company, stated they have worked with staff to resolve these issues. Von's will be starting their remodel and bringing their signs into conformance with the City. They will remove the two palm trees and move the sign back on Washington Street. As far as the oval sign on the Plaza La Quinta sign, they thought removing the oval sign was enough, but will agree to whatever the Commission requires. In regard to the height, they are trying to get a height that is visible to the public driving by. 5. Commissioner Abels asked if any of the other tenants were involved or requested to be participants on the sign. Mr. Pitts stated that is an issue of the property owner. This is the final decision of what the property owners requested. 6. Commissioner Kirk asked if the entire monument sign on Highway G:\WPDDCS\PC Minutesl1-28-03.wpd 204 Planning Commission Minutes January 28, 2003 111 was to be removed or just the oval Von's sign.. Staff stated the entire sign. 7. There being no further questions of the applicant, Vice Chairman Tyler closed the public participation portion and opened the matter for Commission discussion. 8. Commissioner Robbins stated he had no objection to keeping the Plaza La Quinta sign on Highway 111. 9. Commissioner Kirk stated this is an opportunity to clean up the site and bringing it up to City standards by allowing only the two monument signs. 10. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to' adopt Minute Motion 2003-002, approving Sign Application 2003-679, as recommended. Motion passes with Vice Chairman Tyler voting no and Chairman Butler being absent. B. Finding of General Plan Conformity, a request of the City for a finding of General Plan conformity for the City of La Quinta's potential acquisition and construction of the extension of La Quinta Drive on the north side of Highway 111 between Adams Street and Dune Palms Road. 1. Vice Chairman Tyler asked for the staff report. City Attorney Kathy Jenson Igave the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Vice Chairman Tyler closed the public participation portion and opened the matter for Commission discussion. 3. There being no further discussion, it was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 2003-005, confirming findings of conformity with the La Quinta General Plan for a potential acquisition and construction of the extension of La Quinta Drive on the north side of Highway 111 between Adams Street and Dune Palms Road, as recommended. ROLL CALL: AYES: Commissioners Abels, 'Kirk, Robbins, and Vice Chairman Tyler, NOES: None. ABSENT: Chairman Butler. � 0J GAWPDOCS\PC Minutes\1-28 03.wpd Zr Z suo!i!puoO to!" W J ~ 0O¢� o3!ase3 pW 1.9-ieD S N 0 c z j�� W>Q� O > SlEij1Ul U m a o w a w idea 'Aefl �!lunuiwoo D I!ounoo Apo C7 Q u�1 I2I U 0 Za,-4 � �-huo�sslwwo� 6uiuuEi� W m W m O ��H q PanoIc`S Q LLJ NZ�Q mWL< Z -j a a z <i 133a1S NOIJNIHSHM w U) J r ads d olwa L �JaV ��-� _�� LL 77 (7 r = Ja CLJ Z M Cl) LL O d n — z os a o Z z Fb O gz CS IS � w u k w 4.06 4 O LL 0 J Q U SW co G z X W x L- _ ^ L n, If? OD rn r)03 • COUNCIL/RDA MEETING DATE: March 18, 2003 ITEM TITLE: Discussion of Alternative Street Alignments for the Jefferson Street - Phase II Improvement Project in the Indian Springs Neighborhood between Westward Ho Drive and the Whitewater Storm Channel RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Discuss the alternative alignments and provide direction to staff as to which alternative the City Council wishes to have identified as the preferred alignment for purposes of the environmental documentation. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The project limits for the Jefferson Street Phase II Improvement Project are Indio Boulevard at the north end and Highway 1 1 1 at the south end. Most of the street widening project has little or no impact 'of concern to the adjacent landowners. However, due to existing residential development located between Westward Ho Drive and the Whitewater Storm Channel, the adjacent landowners have a significant concern, because it is not possible to safely widen Jefferson Street without removing houses from one side, or both sides, of the street, depending on which street alignment alternative is ultimately selected. City staff has worked closely with the design consultant for the project to develop three alternative alignments for the City Council's consideration. It should be noted, however, that although the City Council is requested to identify a "preferred" alignment for environmental processing purposes, doing so does not mean the preferred alternative will be constructed. Instead, the preferred alignment, or alternative, will be identified as such in the environmental documents that are T:\PWDEPT\COUNCI L\2003\030318b.doc prepared. At a future meeting after the environmental documentation is prepared and may be considered, the City Council will be asked to make a further determination regarding the matter, including decisions relating to the potential acquisition of any right-of-way needed for the improvements. Three Alternative Alignments The three alternatives are briefly described for identification purposes in the following narrative, but detailed information is contained in the report attachments. Attachment 1 is a single page table that compares each alternative by listing the significant issues associated with each. Attachment 2 provides a. detailed description of each alternative. Attachment 3 provides drawings that identify the general horizontal layout of each alternative. Staff will present colored renderings of the three alignments at the Council meeting. Alternative #1 - This alternative continues to use the existing centerline and widens the street equally on both sides. The estimated cost of this alternative is $1 1.35 million and impacts seventeen (17) homes, six (6) vacant lots, and the Indian Springs Golf Course clubhouse area. Alternative #2 - This alternative shifts the roadway alignment to the west to reduce the impact on the east side of the street. The estimated cost of this alternative is $1 1.80 million and impacts ten (10) homes and four (4) vacant lots, with no impact on the Indian Springs Golf Course clubhouse area. Alternative #3 - This alternative shifts the roadway alignment to the east to reduce the impact on the west side of the street. The estimated cost of this alternative is $1 1.20 million and impacts eight (8) homes, three (3) vacant lots and the Indian Springs Golf Course clubhouse area. Proiect Schedule In its February, 2003, meeting the Executive Committee at Coachella Valley Association of Governments (CVAG) committed to fund its share of the project with local funds. As a result, it is now possible to develop a timeline for this project. CVAG's commitment to local funds will make it possible to expedite the project because it means that it is no longer necessary to complete environmental documentation under the National Environmental Policy Act (NEPA), which can be a time consuming project. Instead, the environmental document that was prepared for the entire Jefferson Street project in the late 1990's can be updated to address the bridge over the Whitewater Channel and the three alignments that are the subject of this study session. 21.0 T:\PWDEPT\COUNCIL\2003\030318b.doc 2 Neighborhood Petition The City received a petition on 1 /22/03 from 15 residents/property owners in the subject area where the three alignments are being considered. There are 16 houses plus the golf course clubhouse located between Westward Ho Drive and the Whitewater Channel. Twelve of the 16 homeowners signed the petition requesting the Council to select Alternative #1, which widens the street equally on both sides of the street. In addition to the 12 homeowners, the golf course owner also signed the petition. Two non -owners living in houses in the subject area also signed the petition, as did one owner of a vacant lot. Attachment 4 is a copy of the petition. Early Purchase Program Given the fact such a high percentage of the landowners in the area want to be bought out, it may be possible to expedite completion of the project if an early purchase program can be established. The early purchase program would essentially allow the City to purchase properties from those owners that are willing to sell to the City at an earlier date than what might otherwise be permitted under the normal right-of-way acquisition procedures. Details of the early purchase program will have to be refined and presented to the City Council at a later date if there is interest in offering such a program. Prior to undertaking such a program, the City would need to complete appraisals of the properties that are not currently on the market. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Discuss the alternative alignments and provide direction to staff as to which alternative the City Council wants identified as the preferred alignment in the environmental documentation; or 2. Decline to select a preferred alternative alignment and have all three alignments equally presented in the environmental documentation; or 3. Provide staff with alternative direction. Respectfully submitted, P., Lzaa�� imothy R. nass n P.E. Public Works Direct r/City Engineer T:\PWDEPT\COUNCIL\2003\030318b.doc 3 Approved for submission by: / f Thomas P. Genovese, City Manager Attachments: 1. Alternative comparison table 2. Detailed descriptions of each alternative 3. Drawings showing alternative layouts 4. Neighborhood petition 21� T:\PWDEPT\COUNCIL\2003\030318b.doe 4 ATTACHMENT 1 c c� c a c c o U E a L QU) cu oo ui L c t: N W M U a U) W t I C N t 4-0> 0 O cu a)a v, a a Z 3 a. s � U w U n o N U o N ~ '� W c E LIJ W >_ Q •c 6F? i U- c o N 0) r m M w m oc J m � Ucn > N 0 ' •° L cn cn H Z O Q U �, cm Q (n c c ^^� �'Q a �, M U 2 O N c U V w UJ Lu Z q > 1— ° cr3 m V U > ¢ 3 L a N U nM I-.-z Q H> W o � M rn Z coo " L EO J U- � � O 6g c UW vcD W Lo • LaUJ Li c (A > O Z U) (.� Z W O 0) c O OC w U. U) E a CL w C m c L 3 r k L U a Qi N co ♦' c� NOH N M U UoU Z aL v co U c rn w �'— >_' 'E a -6 I O U ° c W J M N — O a. a) c W 00 M E Q o v- u- m 0 O O0 U ° °' o M c L }. N W O c>% U > Cq (n 2 0 0 U E cc a. 0 t 0 cn a) cn c� L Q cc 0 En c a� V) rn c cc cm cc a3i c rn c •v a� c 0 cc c L cc n cm axi 0 cn 0 J 213 ATTACHMENT 2 JEFFERSON STREET WIDENING AND BRIDGE PROJECT City of Indio, City of La Quinta County of Riverside From Vista Grande to Westward Ho Drive Alternative 1 (Roadway symmetrical about existing centerline) Implementation of Alternative 1 would result in the addition of two (2) through travel lanes in each direction (three lanes total in each direction of travel), a 14 feet raised median, and construction of a new sidewalk on east and west side of Jefferson Street to improve pedestrian safety. Under this alternative Jefferson Street would be widened 32' total. (16 feet each along the existing eastern and western right of way). Due to the fact several properties would not meet the minimum zoning setback standard, this alternative would require the full acquisition of seventeen (17) residential properties and six (6) vacant lots along both sides of Jefferson Street. The Indian Springs Golf course is situated within this segment of Jefferson Street. Indian Springs Golf Course is privately owned but is open to the public. There are no private memberships. At this time it is anticipated that the clubhouse will be relocated from the southeast corner of the intersection of Jefferson Street and Westward Ho Drive to the northwest corner adjacent to the hotel proposed in the Specific Plan for this area. In all three alternatives it is assumed that the cart crossing on Jefferson Street will be removed and carts will instead use the existing tunnel north of the intersection to access the new clubhouse and then surface cross westward Ho Drive as well as the vacant lot at the southwest corner in order to access the three golf holes behind the existing homes on the west side of Jefferson Street. For Alternative 1 the Indian Springs right of way will move 16' to the east. This will result in loss of some landscaped area; eight (8) parking stalls and effect the golf cart path circulation. To mitigate this loss same number of stalls could be provided within the property located southwest corner of intersection of Jefferson Street and Westward Ho Drive that will be purchased by the City. A portion of existing practice putting green located to the east of existing path can be utilized to remedy the golf cart path circulation Alternative 2 (Shift roadway to the west) Like Alternative 1, implementation of Alternative 2 would result in the addition of two (2) through travel lanes in each direction (three lanes total in each direction of travel) with a 14 feet raised median, and construction of a new sidewalk on 1 TAProj Dev Division\CIP Projects\Projects\Jefferson St - Phase ZAltemative Descriptions.doc 6 east and west side of Jefferson Street. This alternative attempts to minimize overall project impacts by shifting the centerline to the west from Vista Grande to Palm Circle then transitioning back to existing centerline at Westward Ho Drive. Due to the fact several properties would not meet minimum zoning setback standards, this alternative would require the full acquisition of ten (10) residential properties and four (4) vacant lots along the west side of Jefferson Street. To support the Alternative 2 roadway configuration, Indian Springs golf course right- of-way would be minimally affected. This effect is entirely in the landscaped area, and a sliver of golf cart path effecting the circulation. To mitigate this, a small portion of practice putting green located to the east of existing path can be utilized as golf cart path. Alternative 3 (Shift roadway to the east) Like Alternatives 1 and 2, Alternative 3 consists of the addition of two through travel lanes in each direction (three lanes total in each direction of travel) and construction of a new sidewalk on both sides of Jefferson Street to improve pedestrian safety. A 14 foot raised median is provided throughout the length of this segment. This alternative attempts to minimize overall project impacts by shifting the centerline to the east from Vista Grande To Palm Circle then transitioning back to the existing centerline at Westward Ho Drive. This results in full acquisition of eight (8) residential properties and three (3) vacant lots along the east side of Jefferson Street. Alternative 3 has the most impact on the Indian Springs Golf Course landscaping, golf cart path circulation, practice putting green and existing parking lot resulting in the loss of twenty-five (25) parking stalls total. A portion of putting green located to the east of existing path can be utilized to remedy the golf cart path circulation. To mitigate parking loss only nine (9) of stalls could be replaced within the property located at southwest corner of intersection of Jefferson Street and Westward Ho Drive, the rest could be provided within the properties located south of Indian Springs Golf Course that will be purchased by the City. Access to the proposed alternative parking area would be from Palm Circle Drive. Due to lack of depth, the drive aisle in the parking lot would be one way only requiring an exit driveway along Jefferson Street. Under this alternative the distance from the last proposed parking stall to the golf course would be approximately 250 feet. f)15 T:\Proj Dev Division\CIP Projects\ProjectsUefferson St - Phase 2Wtemative Descdptions.doc w o 216 CF) a w C > Z w 1-1.0 aJ U)LL, LU LU U) z 0 LU LL ui 3 1Qt z ■ z 0 u z 0 P Roam z a u 4. �o 18, ATTACHMENT 4 Westward Ho Property Owners' Association C#Ik,V I p• La Quints City Council Members From: Jefferson Street Property- owners tv m CJ Date:�►��3 - 3=� m v'Q r{n I Dear Council Members; The owners on Jefferson Street that property will. be a�ttected by the road widening, wish to bring this informative letter to the attention ' of the La Quinta City Council. There are i L. homes and $' lots between the wash and Westward 'Ho Drive. The names that appear below have stated they prefer to have their homes and lots purchased by the City under Eminent Domain. The owners on both sides of Jefferson Street have shown a majority of signatures below. This fact would make the case for widening the street equally on both sides rather than bend it either way. 1. Name Addre 2. Name Address r; 3. Name -%/ 6/, Address x-er' 4. Name Address 5. Name Address ! 6. Name Addr4 7. dame Addri i/7 .� n IY n ... - try . 7 n . / 1 n n •r 1 17 AN '1 A '7 O '! C." •I 1,3 �� Westward Ho Property Owners' Association 8. Name Address 9. Name Addre 10. Name Addro 1.1. Name Address 1 pia - 1 q 12. Name .29�" -,� - C/I Add ress L 13. Name Address p<� 14. Name .�►w� :�, •t �° Address' T 1.5. Name Address r �' 16. Name Address 17. Name Address 18. Name Address �r 7- 5�1 J 79860 Fiesta Drive • La Quinta, CA 92253 • (619) 347-8351 4 ,� REPORT/INFORMATIONAL ITEM: 16 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA February 20, 2003 This meeting of the Historic Preservation Commission was called to order by Chairman Leslie Mouriquand at 3:07 p.m. who led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call Present: Commissioners Irwin, Puente, Wright and Vice Chairman Sharp. It was moved and seconded by Commissioners Irwin/Wright to excuse Chairman Mouriquand. Unanimously approved. Staff Present: Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: None. IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Wright/Puente to approve the Minutes of December 19, 2002, as submitted. Unanimously approved. V. BUSINESS ITEMS 1. Staff relayed a request by Chairman Mouriquand to continue this item to the next regularly scheduled meeting of March 20, 2003. 2. There being no further discussion, it was moved and seconded by Commissioners Wright/Irwin to Continue the Work Program to the regular meeting of March 20, 2003. Unanimously approved. PACAROLYMHist Pres Com\HPC 2-20-03.wpd -1- Historic Preservation Commission Minutes February 20, 2003 VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS A. Vice Chairman Sharp introduced Mr. Nicolas Pierre Hemes, Cultural Arts Commissioner. Mr. Hemes stated he had a conversation with Elsa Louden, Chairperson of the Cultural Arts Commission, regarding the possibility of combining the efforts of the Cultural Arts Commission and the Historic Preservation Commission to produce a map of La Quinta which would identify historical sites, Art in Public Places sites, and possibly the inclusion of the Bike and Walk Trails throughout the City. There would then be one map made which would be distributed to all citizens and visitors to La Quinta. Cultural Arts Commissioner 1-16mes was designated to consult with the Historic Preservation Commission regarding their participation in this project. The Commission then discussed the number and placement of Historic Plaques in La Quinta. The Commissioners decided to discuss this item more thoroughly during review of the 2003 Work Program which will be on the Agenda for March 20, 2003. Commissioner Hemes was acknowledged their decision. B. Staff informed the Commission the State Historic Preservation Conference, would be held in Santa Barbara, April 24-27, 2003 and asked who would be able to attend. Discussion followed regarding attendance at the Conference. C. Principal Planner Stan Sawa stated Staff informed the Commission there was a need for a special meeting on March 6, 2003, to discuss an addition to the Chester Residence; a site on the historic survey. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Puente to adjourn this meeting of the Historic Preservation Commission to the Special Meeting to be held on March 6, 2003. This meeting of the Historical Preservation Commission was adjourned at 3:35 p.m. Unanimously approved. Submitted by: f12 t ye � Ex ive Secretary PACAROLYN\Hist Pres Com\HPC 2-20-03.wpd "2" REPORT/INFORMATIONAL ITEM: /7 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 5, 2003 I. CALL TO ORDER 10:00 a.m. A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:12 a.m. by Planning Manager Oscar Orci who led the flag salute. B. Committee Members present: Bill Bobbitt, Dennis Cunningham, and David Thorns. C. Staff present: Planning Manager Oscar Orci, Management Analyst Debbie Powell, Principal Planner Stan Sawa, Associate Planners Wallace Nesbit and Greg Trousdell, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of January 8, 2003. Committee Member Thorns asked. that Page 3, Item 10 be amended to state he "...requested architecture and site work...". Also, Page 4, Item 4, be amended tp state, "...retention basin hoped it would be eliminated". There being no further corrections, it was moved and seconded by Committee Members Cunningham/Thom to approve the Minutes as amended. V. BUSINESS ITEMS: A. Site Development Permit 2002-752; a request of Cornerstone Developers for review of common area and perimeter landscaping plans for Tentative Tract Map 29323-Esplanade. 1. Associate Planner Wallace Nesbit gave an overview of the project and introduced Ray Lopez, Ray Lopez Associates who gave an overview of the project. GAYYTD0CS\ARLC\2-5-03.wpd 1 Architectural & Landscape Review Committee Minutes February 5, 2003 2. Committee Member Cunningham asked how the individual homeowners' walls are constructed when they landscape the interior lots. Mr. Lopez stated it is all private and handled through the CC&R's and with the homeowners' association (HOA). Committee Member Cunningham suggested they request Art and Public Places funds for the corner. He further asked if the City has any stipulation requiring only male palms on street side. 3. Committee Member Bobbitt asked about the planter area outside the sidewalk along Fred Waring Drive. Mr. Lopez stated all the plant material for this area is low growing or where it is no more than two feet he leaves it as decomposed granite (DG). Committee Member Bobbitt stated it is a problem maintaining plant material too close together, or at the edges. It is trimmed too closely and becomes unattractive. Mr. Lopez stated they were using Red Yucca or something like where it is a problem. Emitters are also a problem as to their location. Committee Member Bobbitt asked if there was a reason the entrance islands have a different variety of trees along Fred Waring Drive. Mr. Lopez stated it was just to have variety. Committee Member Bobbitt suggested using the standard or multi -trunk palms, as some species are very prone to wind damage. The multi -trunk are better. Mr. Lopez explained the perimeter is multi -trunk and the interior would be the standard. Committee Member Bobbitt suggested the majority be multi -trunk. He then asked what was proposed for Lot C. Staff stated the entire landscape area is labeled Lot C. Mr. Lopez stated it would be a passive recreation area. Committee Member Bobbitt asked what type of material the exterior wall would be constructed of. Staff stated it would a tan slumpstone material with a cap. Committee Member Bobbitt asked if any plant material would be on the wall. Mr. Lopez stated no. 4. Committee Member Thoms stated the landscaping at the corner of Fred Waring Drive and Jefferson Street, should be more of an opportunity to use the plant forms as a design element. It appears to be a scattered grove of palms. Behind there is a grove of citrus in a staggered form and then a lawn and border that does not reflect any kind of design element. The corner may look nice as a landscaped area, but does not make a landscape design statement. These are prominent corners in the City and should make a design statement versus just being a streetscape. He � �, s G:\WPDOCS\ARLC\2-5-03.wpd 2 Architectural & Landscape Review Committee Minutes February 5, 2003 asked if the turf was flat or contoured, etc. Mr. Lopez stated he was questioning himself whether to do a design that was formal or informal and decided to mix the two. 5. Committee Member Cunningham commented that the plans need to be looked at from a maintenance point as well. The widening of Jefferson Street, development of the other corners, and the effects of that will all play into the picture. The opposite side of the street is the City of Indio and will be spruced up as the sites develop. The grass area could have great potential utilizing plants, but will be the easiest to maintain as the area and street develops. It does need to be tightened up and become more cohesive in the design by adding the palms. This design does resemble the PGA West entrance. He would keep the grass and bring more uniformity to the dates. Mr. Lopez suggested they come back with an alternative design for the corner landscaping only. 6. Committee Member Bobbitt suggested he take some alternatives to the Planning Commission for their review. Staff stated the applicant was directed to not address the corner as it is an area the City Council may want to address as an entry statement. In regard to the maintenance, it may become a part of a lighting and landscaping district at some point in time. 7. Committee Member Thorns stated unless some other body in the City has designed what will be placed at this corner, it should be addressed at this time. The whole corner should be rearranged with the plant materials to create a land form. It needs to be a visual statement. 8. Planning Manager Oscar Orci informed the Committee that staff was working with the developer of the corner to the south to also create an entrance statement for the corner. 9. There being no further discussion, it was moved and seconded by Committee Members Thoms/Cunningham to adopt Minute Motion 2003-004, approving Site Development Permit 2002-752, as amended. a. The landscaping at the northwest corner of Jefferson Street and Fred Waring Drive shall be developed and reviewed and redesigned to become more of a design statement for the short term and long term. ti2� Unanimously approved. G:\WPD0CS\ARLC\2-5-03.wpd 3 Architectural & Landscape Review Committee Minutes February 5, 2003 B. Village Use Permit 2003-016; a request of Frank Glynn for review of architecture and landscaping plans for a five unit apartment building located on the east side of Avenida Martinez, south of Calle Tampico. 1. Principal Planner Fred Baker gave an overview of the project and introduced Mr. Frank Glynn, architect for the project, who gave a presentation on the project. 2. Committee Member Bobbitt stated it is a very boxy looking building. The second floor is all right, but the profile needs to be enhanced. 3. Committee Member Cunningham stated the projects in La Quinta recently have been improving in style and moving up in quality, recognizing the economics. The Village has sat for a long time and is now beginning to develop into its own. His opinion is that this is standard architecture to house people. We now have an opportunity and he would like to see a design that is more in keeping with where the Village is headed. There is a responsibility now in the Village to improve the architecture that provides shelter as well as makes an architectural statement. This project as designed is not acceptable. Mr. Glynn stated he agrees with everything as stated, however his client has requested this design. With the direction from the Committee, it allows him the opportunity to relay this information to his client to allow him to develop a better looking building. 4. Committee Member Thorns stated he agreed with Committee Member Cunningham. All bare land is an opportunity to develop to the highest quality it can be. 5. Committee Member Bobbitt stated the parking structure appears to be constructed out of wood, he would recommend an alternative material be used that will hold up over time. 6. Committee Member Thorns stated the landscape material is not appropriate in the present locations. 7. There being no further discussion, it was moved and seconded by Committee Members Thoms/Cunningham to adopt Minute Motion 2003-005, denying Village Use Permit 2003-016, directing the applicant to prepare a design that addresses the following concerns: 4.4. 8 GAWPDOCS\ARLC\2-5-03.wN 4 Architectural & Landscape Review Committee Minutes February 5, 2003 a. The architectural style of the building should be redrawn to reflect more of a Village theme; b. An alternative to wood materials shall be used on the parking structure; and C. A landscape material palette designed to be more appropriate for the site and exposures. C. Site Development Permit 2002-759; a request of Sedona Homes, Inc. for review of prototype architecture plans for four residential unit types located northeast of the intersection of Jefferson Street and Avenue 54 within The Hideaway, Tract 29894. 1. Principal Planner Stan Sawa gave an overview of the project and introduced Lance Alcama, representing Sedona Homes, who gave a presentation on the project. 2. Committee Member Bobbitt commended the applicant on his design of the garages. He asked if there was still a requirement for three car garages for three bedroom homes. Staff stated it was no longer required. 3. There being no further discussion, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2003-006, approving Site Development Permit 2002-759, as submitted. Unanimously approved. D. Review of the Commercial Property Improvement Program. Debbie Powell, Management Analyst stated that at the January meeting, the Committee asked staff for an overview of the program in regard to the spirit and intent. Staff reviewed the guidelines and found that any business within the Village could apply. There is no stipulation as to whether it has to be a particular size, income, old or new business. There was nothing that precludes a new project or business from applying. 1. Committee Member Bobbitt stated it was strange to give money to a new business. It seems it should be for the existing older businesses to bring them up to a better quality. Assistant City Manager Mark Weiss stated staff receives several requests for all types and sizes of businesses for economic development. The program was originally designed to facilitate facade and landscaping improvements for the existing Village area. ThroughL �. G:\WPDOCS\ARLC\2-5-03.wpd 5 Architectural & Landscape Review Committee Minutes February 5, 2003 the years, staff has received requests for other types of funding and with those requests, staff has analyzed these requests with an extensive rate of return analysis. Performance analysis are submitted; it is a very extensive process and not all business have the ability to go through this type of analysis. We do not have programs available just for small businesses. With all types of businesses approaching the City for assistance and not having anything to try to stimulate and guide the type of development we want to encourage, we changed this Commercial Property Improvement Program (CPIP) to address this need. Something that was less bureaucratic, but would still meet the intent of enhancing the Village and stimulating economic development in the Village in an aesthetically pleasing manner consistent with the intent of the CPIP program. With this in mind, staff did not anticipate having applications submitted for the CPIP assistance after going through the more formal application process for approval. There was nothing in the CPIP guidelines that precluded it and as staff reviewed the application, it was determined this was not a bad idea to have both types of businesses go through the process to see whether or not their request enhances the Village area and see that it fits with the overall process. In order to go through this program and receive this grant, it would require the applicant to work with Committee to determine if there was an enhancement and make sure the project itself fits with the City's overall object for the Village. This is not a one time review. If the application, in the opinion of the Committee, does not meet the criteria, then the Committee can work with the applicant to achieve that goal. Economic development stimulation is the basis for the program. Each project should be reviewed to see if it is an enhancement from what was approved by the City through the normal planning process. 2. Committee Member Bobbitt stated he has a problem following this through. A new project is submitted to the City and he submits a less than good project and the City says we will give them $15,000 to "kick it up" a notch. 3. Committee Member Cunningham states he has no problem with that. It gives the Committee the opportunity to say whether or not the project has been "kicked up" a notch. The question is what was he proposing and how has he kicked it up the notch. .JO 6 G:\W1PDOCSUnC\2-5-03.wN Architectural & Landscape Review Committee Minutes February 5, 2003 As presented today, he has no objection to reviewing a project on that basis. In the future, the goals of the program may be somewhat different. A person who comes in with a $5O million dollar project, should maybe not be included in the program. Each project should be reviewed in light of the "spirit of the program." Assistant City Manager Mark Weiss stated that he agrees with the comments and at some point it should be reviewed and amended. Committee Member Cunningham stated he would think at some point new construction should not be included. 4. Committee Member Thoms stated he hoped this would cause another review of the program. He appreciates staff's comments and their time to explain the program. E. Commercial Property Improvement Program 2003-020; a request of Santa Rosa Developers for review of a request for funding to enhance the exterior/entry of the Santa Rosa Plaza development located at the northwest corner of Calle Tampico and Desert Club Drive. 1. Management Analyst Debbie Powell gave a report on the request and introduced the applicants for the project. Mr. Jack Stewart, project manager for the project, reviewed the request. 2. Committee Member Thorns asked if the applicant had a copy of the plans proposed. Mr. Stewart gave a review of the entrance stating the artist design for the sign and water feature are what the entrance will be enhanced with. 3. Committee Member Cunningham reviewed what was proposed with the enhancement and stated that in order to review this accurately, there would still need to be more information which would define what has been approved by the City and what they proposed to do to enhance the entry. A detail of the water feature and sign with the total cost is needed to show why this would not be constructed without the funds. 4. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Thoms to continue CPIP 2003- 020, with direction to staff to have the applicant submit a clear definition as to what the funds will be used for to enhance the entry. What is approved and what is proposed with the funding. ., Unanimously approved. t J G:\VWPDOCS\ARLC\2-5-03.wpd 7 Architectural & Landscape Review Committee Minutes February 5, 2003 VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Cunning ham/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on March 5, 2003. This meeting was adjourned at 1 1:24 a.m. on February 5, 2003. Respectfully submitted, R, Executive Secretary City o L uinta, California 2.3 2 GAWPD0CS\ARLC\2-5-03.wN 8 REPORT/INFORMATIONAL ITEM: /g MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 11, 2003 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Butler who asked Commissioner Kirk to lead the flag salute. B. Present: Commissioners Jacques Abels, Tom Kirk, Steve Robbins, Robert Tyler and Chairman Butler. C. Staff present: Community Development Director Jerry Herman, City Attorney Kathy Jenson, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planner Greg Trousdell, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Chairman Butler asked if there were any corrections to the Minutes of January 28, 2003. Commissioner Tyler asked that Page 13, Item A.3. be corrected to state: "Vice Chairman Tyler asked what part of the existing sign on Highway 1 1 1, near the Downey Savings Building, was being removed. Staff stated the entire sign. The Code allows one monument sign per street frontage. Vice Chairman Tyler stated he would prefer to keep the Plaza La Quinta sign per se, but just delete the hanging oval "Von's" sign. In regard to the letter size, what latitude does the Commission have? Community Development Director Jerry Herman stated the Commission has the latitude to approve what has been submitted and what will remain. Vice Chairman Tyler asked the distance being proposed to move the monument sign back from Washington Street should be specified. Community Development Director Jerry Herman stated the verbiage could be clarified to state it will be moved to the back of the inside of the curb line." There being no further corrections, it was moved and seconded by Commissioners Abels/Robbins to approve the minutes as modified. Unanimously approved. G:\WPDOCS\PC Minutes\2-11-03.wpd 1 Planning Commission Minutes February 11, 2003 B. Department Report: None. V. PRESENTATIONS: None VI. PUBLIC HEARINGS: None A. Specific Plan 99-036 and Site Development Permit 2002-756; a request of David and Jamie Reulman (Radio Active) for an amendment to the Specific Plan to allow certain changes to design guidelines and review of architectural, landscape, site, and lighting plans for a 15,248 square foot two story commercial building located at 78-441 Corporate Centre Drive. 1. Chairman Butler asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Robbins questioned why the applicant was requesting a reduction of the driveway throat depth. If he remembers correctly, this was discussed extensively when it was first approved and staff strongly recommended these widths for stacking purposes. Assistant City Engineer Steve Speer stated the conditions contained in the original specific plan were those required by the Municipal Code at that time. The depth of the aisle is reflected by the number of parking spaces in the parking lot. There is a possibility to reduce some of them, but not to the level the applicant is requesting. Commissioner Robbins confirmed the Public Works Department staff was not recommending approval of the request. 3. Commissioner Tyler stated it appears that Home Depot has no setback for their drive aisles. Assistant City Engineer Steve Speer stated there are some drive aisles without. 4. Commissioner Kirk asked if the original specific plan required a 50 foot setback. Staff stated yes, on Dune Palms Road. The gas station, which is part of this specific plan, exists to less than that standard. Staff is uncertain how this happened but, Radio Active is now asking for the same setback. Commissioner Kirk asked if staff was requesting to retain the existing specific plan requirements, or go with the applicant's request. Staff reviewed the original specific plan development requirements. or. %J G:\WPDOCS\PC Minutes\2-11-03.wpd 2 Planning Commission Minutes February 11, 2003 5. Commissioner Robbins asked if we were pushing the parking lot back or the access to the parking lot. Staff indicated the drive aisle would have to come out another 11 feet before the aisle can occur; the entry bulb will be enlarged. The building could be redesigned to accomplish this driveway enhancement. Commissioner Robbins asked if the intent of the longer drive aisle was to separate the incoming traffic from the traffic inside the site. Staff stated yes, in theory. Discussion continued. Commissioner Robbins stated he thinks this is similar to the other gas station on Adams Street. He agrees with lining this up, but two wrongs don't make a right. 6. Commissioner Tyler questioned the "existing AM/PM" wording on the map. Staff stated it is a composite drawing and they are just noting it as a convenience facility to the south. Commissioner Tyler stated he could find no reference in the specific plan regarding what the street access for the shared driveway should be for Dune Palms Road. Assistant City Engineer Steve Speer stated Dune Palms Road is a Secondary Arterial with no raised median and it is almost impossible to enforce any kind of a turning movement restriction. Commissioner Tyler stated his concern was that Dune Palms Drive is currently striped with a double -double yellow line which prohibits left turns in or out of the access which has created a problem. Staff stated there is no way to create a turning pocket at this location until the other side of the street is developed and the street widened. Commissioner Tyler stated that if the police enforce the left turn movement it will create a worse situation somewhere else. He believes this situation as currently designed is impossible. Staff stated that at this particular location it is virtually impossible to enforce turning restrictions. If we don't like this then we have to change what we approve. 7. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Bob Ricciardi, architect for the project, suggested using temporary stanchions along with signs prohibiting a left turn in until the street can be developed to its ultimate width could possible solve this situation. He also stated their site plan is an improvement over the specific plan exhibit in that they are not proposing any parking on the southernmost access driveway and they have aligned their driveway with the J. Paul Building. G:\WPDOCS\PC Minutes\2-11-03.wpd 3 Planning Commission Minutes February 11, 2003 8. Chairman Butler asked if there was any other public comment. Mr. Bob Mainiero, engineering representative for Klein Development who is developing the six acres to the west of the USA Gas Station discuss the problem of the throat width on Highway 1 1 1 as it related to their project. In their opinion, the problem came with the development of the USA Gas Station. If the throat depth is measured from the point of a car backing out to the street curb, they meet the requirement. He noted the location where the problem exists on the site plan. Discussion followed as to the pattern of access to the site and why they needed relief from the condition. 9. Commissioner Kirk asked staff for their opinion on the problem. Assistant City Engineer Steve Speer stated they should be measuring out to the curb line at Highway 1 1 1, which is approximately 70 feet. Mr. Mainiero stated that if that was true, they would have no problem. 10. Commissioner Robbins asked if the driveway to the gas station is nonconforming. Staff stated it is and the applicant has the right to make their request to the Commission. If staff believes it should be different, they can recommend condition changes. The drawing in the specific plan, although it showed the access aisles, the reality is that the conditions required something different. When USA Gas developed, the conditions were not followed. 11. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 12. Commissioner Tyler asked for an explanation as to what they were approving. Associate Planner Greg Trousdell stated that on this exhibit, the curb transitions away from the site and the current property line transitions along Highway 111 at an offset alignment. 13. There being no discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Resolution 2003-006, approving Specific Plan 99-036 Amendment #2 as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 42) j G:\WPDOCS\PC Minutes\2-11-03.wpd 4 Planning Commission Minutes February 11, 2003 14. It was moved and seconded by Commissioners Abels/Kirk to adopt Resolution 2003-007 approving Site Development Permit 2002- 756, subject to the conditions as amended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. Commissioner Kirk excused himself for the next item due to a potential conflict of interest due to the proximity of his residence to the project, and left the dais. B. Village Use Permit 2001-013, Amendment #1; a request of La Quinta Grill for an amendment to alter the building layout for two office buildings and convert the existing residential building to office use on the east side of Avenida Bermudas, between Calle Cadiz and Calle Barcelona. 1. Chairman Butler asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Robbins asked why the continuation of the sidewalk was not being addressed at this time. Staff indicated that sidewalks have not been requested for other projects in the area, but staff may wish to pursue a sidewalk in the future and this applicant is willing to provide a part of the sidewalk at this time. Commissioner Robbins asked if the sidewalk could be routed onto the property. Staff stated they could work with the applicant to accomplish this. 3. Chairman Butler asked staff to explain what was being demolished. Staff stated the amendment was to leave the existing residence and convert it to an office building instead of demolishing it. 4. Commissioner Tyler questioned the distance from Avenida Bermudas of the new building and if the code allowed this. Staff stated it was a determination of the Planning Commission. Commissioner Tyler questioned why Conditions 43-60 were being required. Staff stated these were conditions recommended by the,,�„�, 2 3% G:\WPDOCS\PC Minutes\2-11-03.wpd 5 Planning Commission Minutes February 11, 2003 Sherif's Department and were not mandatory. Commissioner Tyler stated they should be deleted unless they specifically apply. 5. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Ken West, project superintendent for the project, stated he was available for any questions. He would agree with the removal of the conditions indicated by Commissioner Tyler. 6. Chairman Butler asked if there was any other public comment. Ms. Audrey Ostrowski, P. O. box 351, La Quinta, stated she has no objections to the project, except for the parking. As there is not enough parking for the area, people will be using her lot for parking which is an on -going problem for her. 7. There being no other public participation, Chairman Butler closed the public participation portion and opened the matter up for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Resolution 2003-008, approving Site Development Permit 2001-013, Amendment #1 as amended: a. Conditions #43-60: eliminated ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: Commissioner Kirk. ABSTAIN: None. Commissioner Kirk rejoined the Commission. VII. BUSINESS ITEMS: A. Street Name Change 2003-014, a request of Old Town La Quinta, LLC for adoption of a Resolution of Intent setting March 25, 2003, as a Public Hearing date to consider a Street Name Change from Avenida Buena Ventura to Main Street, east of Avenida Bermudas, south of and parallel to Calle Tampico. 1. Chairman Butler asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. G:\WPDOCS\PC Minutes\2-11-03.wpd 6 Planning Commission Minutes February 11, 2003 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler questioned who the owners were referred to in the staff report. Staff stated it was over 60% of the property owners whose property fronts onto the street. 3. There being no further questions of staff, Chairman Butler closed the public participation portion and opened the matter for Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioners Robbins/Abels to adopt Resolution 2003-009, setting March 25, 2003 as the date for a public hearing to consider Street Name Change 2003-014. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES. None. ABSENT: None. ABSTAIN: None. B. Site Development Permit 2002-759, a request of Sedona Homes for review of prototype architectural plans for four residential unit types to be constructed in Tract 29894 located northeast of the intersection of Jefferson Street and Avenue 54 with The Hideaway. 1. Chairman Butler asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. There being no questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Lance Alcama gave a brief review of the project. 3. Commissioner Tyler stated his concern regarding the number of plans with wood trim and the amount of maintenance it will take. Mr. Alcama stated the garage doors are not wood, but a wood -like material and the wood doors are treated to withstand the weather. 4. There being no further discussion, Chairman Butler closed the public participation portion and opened the matter for Commission discussion. G:\WPDOCS\PC Minutes\2-11-03.wpd 7 Planning Commission Minutes February 11, 2003 5. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Minute Motion 2003-003, . approving Site Development Permit 2002-759, as recommended. Motion passed unanimously. C. Discussion of Zoning Issues, a request of staff for review of zoning issues pertaining to: drive throughs, gas stations, side yard setbacks, compatibility, and second story definitions. 1. Chairman Butler asked for the staff report. Planning Manager Oscar Ordi gave the staff report, a copy of which is on file in the Community Development Department. 2. Vice Chairman Butler commended staff on the report. Due to the complexity of the material, he suggested this item be continue to a separate meeting. Staff recommended taking these issues one at a time at future meetings. 3. Commissioner Robbins concurred with placing them on the agenda one at a time. 4. Commissioner Abels suggested a study session to review the items. 5. Commissioner Tyler asked that gas stations be separated from the other drive throughs. Staff suggested taking them in order one at a time at the next meeting. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Commissioner Butler gave a report of the City Council meeting of February 4, 2003. B. Commissioner Tyler reported on the presentation by Mr. Oliphant on the Centerpoint project. He also noted the opening of Kohl stores in the Ontario Mills and in Temecula. 010 G:\WPDOCS\PC Minutes\2-11-03.wpd 8 Planning Commission Minutes February 11, 2003 X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Robbins to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held February 25, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:25 p.m. on February 11, 2003. Respectfully submitted, xec tive Secretary _ yer, E y 4cCity0 La Quinta, California 9 ty .. G:\WPDOCS\PC Minutes\2-11-03.wpd 9 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 25, 2003 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Butler who asked Commissioner Abels to lead the flag salute. B. Present: Commissioners Jacques Abels, Tom Kirk, Steve Robbins, Robert Tyler and Chairman Butler. C. Staff present: Community Development Director Jerry Herman, City Attorney Kathy Jenson, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, Associate Planner Greg Trousdell, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Chairman Butler asked if there were any corrections to the Minutes of February 11, 2003. There being no corrections, it was moved and seconded by Commissioners Abels/Kirk to approve the minutes as modified. Unanimously approved. B. Department Report: None. V. PRESENTATIONS: None VI. PUBLIC HEARINGS: None A. Site Development Permit 2001-707 Amendment #1_; a request of Trans West Housing and La Quinta Talante LLC for review of architectural plans for three prototype single story residential units that range in size from 3,172 square feet to 3,555 square feet for a 12 lot single family subdivision (Tract 30331, Amendment #1) located on Althea Court, a private cul-de-sac street on the north side of Avenue 50, east of Tract 28964 and west of Jefferson Street. �)„ 4 G:\WPDOCS\PC Minutes\2-25-03.wpd 1 Planning Commission Minutes February 25, 2003 1. Chairman Butler asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler noted the caliper of trees was below the City's required minimum and asked that any reference to corner lots be deleted. 3. Commissioner Abels asked that the tree sizes be brought up to Code. 4. Commissioner Kirk asked how staff reached the requirement for the percentage of turf. Staff explained they are the same conditions placed on the adjoining tract which is also owned by the applicant. 5. There being no further questions of staff, Chairman Butler asked if the applicant would like to address.the Commission. Mr. Geoff McComic, the applicant, stated he did not remember a specific percentage of turf being a condition. 6. Commissioner Kirk noted they were above the 50% turf. Mr. McComic stated he concurred with the condition. 7. Commissioner Tyler asked if he had any objection to the increase in the caliper of trees. Mr. McComic stated he had no objection. Commissioner Tyler commended the applicant on the Talante development. 8. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 9. Commissioner Robbins stated he did not agree with Commissioner Abels comment on the quality of the application package. Discussion followed regarding the application package and the quality of the house product. 10. Commissioner Kirk commented on the quality of the product," but V) still thinks there is too much turf. 443 G:\WPDOCS\PC Minutes\2-25-03.wpd 2 Planning Commission Minutes February 25, 2003 11. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abels to adopt Minute Motion 2003-004, approving Site Development Permit 2001-701 Amendment #1, amending the caliper of tree size to 1.5 inches. Motion passes with Commissioner Robbins voting no. VII. BUSINESS ITEMS: A. Sman Application 2002-616, a request of Graphic Resources for Desert Automotive, LLC for a revision to a previously approved sign program for the car dealership located at the southwest corner of Simon Drive and Highway 111 1. Chairman Butler asked for the staff report. Community Development Director Jerry Herman informed the Commission that the applicant had requested a continuance of this item to the next Planning Commission meeting. 2. There being no discussion, it was moved and seconded by Commissioners Robbins/Kirk to continue Sign Application 2002- 616 to March 11, 2003. Unanimously approved C. Discussion of Zoning Issues, a request of staff for review of zoning issues pertaining to side yard setbacks and second story definitions. 1. Chairman Butler asked for the staff report. Planning Manager Oscar Ordi gave the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if any changes would require a Zoning Ordinance change. Staff noted it would require a public hearing at a later date with final action by the City Council. Chairman Butler asked if these changes are approved will it alleviate the accidental setback problems that have been occurring. Staff noted the applicant will always have the opportunity to apply for a variance to allow the deviation. 3. Side Yard Setbacks. Commissioner Robbins stated he understands the basic side yard setbacks are five feet per side. This setback is appropriate in the Cove, but in other areas where you have larger lots, it is inappropriate to have 3500 houses with five foot side yard setback on both sides of the house. The Commission 4- should consider increasing it to a total of 15 feet, or ten feet. G:\WPDOCS\PC Minutes\2-25-03.wpd 3 Planning Commission Minutes February 25, 2003 a. Commissioner Abels asked if this was from the overhang or sidewall. b. Commissioner Robbins stated from the sidewall. C. Chairman Butler noted a development where the houses were developed to the maximum of the lot. d. Commissioner Robbins stated the lifestyle they are trying to achieve for La Quinta is not the "cram it in" development that utilizes every inch of the lot. The other issue is that when it is a five foot minimum, it should not allow garden windows, etc. where you cannot walk down the side of the house. e. Chairman Butler noted the Commission should take public comment before making any more recommendations. f. Commissioner Robbins stated he understood that if there is a large side yard setback, the Code requires that if there is pool equipment, etc., it is to has a have five foot sideyard setback. g. Chairman Butler asked if there was any public comment. Mr. Joe Swain stated he currently has a community called Tapestry in Cathedral City that has a problem with the five foot side yard setback. They would like to have an allowance where they can install the air conditioning condenser 30 inches square on the side yard with five feet between the house and property line that would be on the dead side of house. Access to the backyard would be denied on this side of the yard. The other side would have the freedom of flow. Air conditioning condensers in the back yard where you are actually living, and is a nuisance. h. Commissioners questioned why there is a requirement for the buffer. Staff stated it was established by the Commission in the past. Community Development Director Jerry Herman stated there are many ways to accommodate the condenser such as indenting the wall. The five foot was created solely for access. 445 G:\WPDOCS\PC Minutes\2-25-03.wpd 4 Planning Commission Minutes February 25, 2003 i. Chairman Butler noted some exceptions to this requirement. Community Development Director Jerry Herman noted that if they were approved under a specific plan, they can deviate from this requirement. j. Commissioner Tyler asked why the air conditioning unit was put in the side yard instead of in the garage. Why isn't there more variation in where it can be located? Mr. Swain stated the condenser is normally placed in line with the FAU for efficiency. Condensers in the garage are not conducive for good operations. In regard to pool equipment it seems to make sense to have it in a pool enclosure. In regard to front yard setbacks the present day garage has a 20 foot setback to allow stacking. If you have a side turn garage you have a provision for 15 feet from the property line. They have a unit that has an option to have a side turn garage, or a bonus room and from the street you cannot tell what it is. They would like the Commission to consider having a 15 foot setback provision. k. Commissioner Tyler stated the same applies to casitas units. I. Commissioner Robbins stated he has a problem with the inconsistency of this as it is measured from the property line which can change depending on the development. It should be consistent such as 25 feet from the back of the curb. M. Commissioner Kirk asked that this be added to the issues to be discussed. n. Mr. Mike Marix, Cornerstone Developers, stated he agrees with Commissioner Tyler's comment regarding casitas units. o. Chairman Butler stated there are many issues in regard to each issue and questioned whether the Commission should provide direction to each issue. Staff suggested the Commission generally discuss the issues and staff would prepare some options for the Commission to consider at the next meeting. 2 46 G:\WPDOCS\PC Minutes\2-25-03.wpd 5 Planning Commission Minutes February 25, 2003 P. Commissioner Kirk stated one easy issue is to place pool equipment in the back of the lot. Staff suggested having the equipment next to the property line with a restriction that it be so many feet from the house. q. Commissioner Robbins stated he didn't believe there was any difference in sound whether it is up against the wall or setback. Community Development Director Jerry Herman asked if they were looking to change the five foot clear access. There is no requirement to allow the condenser next to the house or wall. Commissioner Robbins stated the Code states it has to be five feet from the wall and from the house. r. Commissioner Kirk suggested locating it on the dead side yard with a two foot setback. Staff stated the issue has been to have a clear access to the backyard and reviewed the requirements as they now exist. S. Mr. Mike Marix, Cornerstone Developers, asked that the Commission consider each' item separately. This is important to him as they are in the grading phase on two developments. t. Commissioner Robbins asked how they would feel about a total of 15 feet for the setback with a minimum of five feet. This would allow flexibility of where the house is placed on the lot. Mr. Marix stated it is a hard issue to answer, as there are many different facets to the problem. U. Commissioner Tyler asked staff to look at the Rancho Mirage model and see if it lends any information. V. Commissioner Robbins asked about the popouts, etc. that are allowed to enter into the side yard setback. If the setback is five feet it should be held to that. Mr. Marix stated fireplaces are another issue. They are an encroachment into the setback. W. Commissioner Kirk stated some zero lot line approaches are a possible solution. 4.47 G:\WPDOCS\PC Minutes\2-25-03.wpd 6 Planning Commission Minutes February 25, 2003 X. Commissioner Robbins suggested looking at requiring a variable on the side yard and where to put the pool and air conditioning equipment. Y. Staff summarized the Commission's discussion, which included modifying the setbacks to have a five foot minimum and a 15 foot requirement. Allowing the condensers and pool equipment in the side yard as long as there is a five, or three foot space. Z. Commissioner Kirk suggested one of the side yard setbacks have a five foot clearance and the other side yard could be anything. Staff noted both sides should have a clearance for fire control. aa. Staff asked if it was the Commission direction that there were to be no more intrusions with the fireplaces or windows into the side yard. Commissioner Kirk stated he has no issue if it is on the dead side. bb. Commissioner Robbins asked that they be brought back at one time for the public hearing, but as each issue is brought to the Commission staff would bring the prior discussion summarization what had been agreed to. It was determined that all zoning issues pertaining to residential units would be one public hearing and the commercial issues at a separate hearing. 4. Second Story Definitions. Staff explained that a resident had requested a change in the interpretation of a second story and staff was bringing it to the Commission for their review and discussion. a. Chairman Butler stated that as explained, he would not be in favor of any changes to the current definition of a second story. a. Commissioner Robbins suggested granting a waiver. Staff explained there has to be a hardship for a variance. City Attorney Kathy Jenson stated it is expanding a - nonconforming use. This is beyond what the Code allows. 4 4a G:\WPDOCS\PC Minutes\2-25-03.wpd 7 Planning Commission Minutes February 25, 2003 b. Commissioner Tyler asked about decks. Staff noted they were not addressed at this time. Commissioner Tyler suggested leaving it as it is written. C. Commissioner Kirk stated that if it is within the building envelope, he has no issue. Staff stated there was an issue with windows. Commissioner Kirk suggested not allowing windows, but perhaps skylights. d. Commissioner Robbins asked if it would be an issue if there was no window. Staff noted this could be done if you restricted it to slant roofs only. e. It was the consensus of the Commissioners to not to make any changes to the Code. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Commissioner Kirk gave a report of the City Council meeting of February 4, 2003. B. Commissioner Abels gave a report on The Hideaway open house. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Robbins to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held March 11, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:30 p.m. on February 25, 2003. Re ectfully submitted, t w er, E cutive Secretary Y Cit La Quinta, California G:\WPDOCS\PC Minutes\2-25-03.wpd 8 REPORT/INFORMATIONAL ITEM: J9 CULTURAL ARTS COMMISSION MINUTES February 13, 2003 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Else Loudon presided over the meeting. Commissioner Brodsky led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Sheldon Brodsky Commissioner Nicolas Hemes Commissioner Else Loudon Commissioner Elaine Reynolds Commissioner Linda Young STAFF PRESENT: Dodie Horvitz, Community Services Director Hally Savio, Community Services Secretary June Greek, City Clerk PUBLIC PRESENT: II. PUBLIC COMMENT Rob Atkins Joe Perlo Tom McGraw Mark Russell Roger Hopkins Mr. Tom McGraw distributed to the Commission copies of the City Page of the La Quinta Chamber of Commerce newsletter to illustrate the lack of photos and gallery telephone numbers regarding the City's "Meet the La Quinta Artist" program. Staff reported that only ten artists are selected each year for the program, and the City does not want to slight other artists in the community by providing publicity for a few. This program is not designed to be free advertisement for artists, but just a glimpse of the variety of artists that live in the City. Commissioner Brodsky will call the Chamber to find out if artists have paid for promotion in the Chamber newsletter. He will report back at the March 13th meeting. 250 Cultural Arts Commission Meeting February 13, 2003 Minutes Page 2. Mr. McGraw also stated his opinion regarding the Community Services Director's responsibilities to the Commission, and the duties of Commission members. He reminded the Commission that they are responsible for working on the events they plan. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Financial Report for January, 2003 B. Approval of Minutes of January 9, 2003 C. Monthly Department Report for December, 2002 It was moved by Commissioners Reynolds/Brodsky to approve the Consent Calendar with a minor change in the Minutes. Unanimous. V. BUSINESS ITEMS Civic Center Campus Clock Project Mr. Rob Atkins presented materials from the Verdin Clock Company in support of his proposal to install a clock tower on the Civic Center Campus. He reported that the Verdin Company would install the clock and maintain it for the first three years under a service contract. The Commission supported the idea of a clock tower to lend ambiance to the campus, and discussed customizing the clock to compliment the style of the Civic Center. Staff noted that any customizing would increase the cost of the clock significantly. Consensus was to obtain more information, then get estimates before forwarding to Council. Commissioner Young will take the lead on this project to ask for a competitive bid from the clock manufacturer. Mr. Atkins offered to assist Commissioner Young with follow-up on this project. B. La Quinta Arts Festival Art Purchase Committee Staff reported that two Commissioners are needed to select artwork from the La Quinta Arts Festival to be displayed at City Hall. The Committee will meet on Thursday, March 201h at 9:30 AM at the Arts Festival grounds to view and select artwork for display. Commissioners Brodsky and Hemes volunteered to assist. Discussion followed, led by Chairman Loudon. It was moved by Commissioners Brodsky/themes to appoint Commissioners Young and Reynolds to choose artwork from the Arts Festival for City Hall display. Unanimous. SACommunity Services\CAC\CACMIN.02.13.03.doc 2 Cultural Arts Commission Meeting February 13, 2003 Minutes Page 3. C. La Quinta Park Water Feature Staff provided background information concerning plans for installation of an interactive water feature at La Quinta Park, noting that necessary electrical and plumbing has been brought to the site. The water feature will be located near the tot lot and picnic area. It was moved by Commissioners Loudon/Brodsky to recommend that the City Council issue an RFP with an estimated budget of $40,000 for an interactive water feature at La Quinta Park. Unanimous. D. Spring Performing Arts Event Staff reported that the Spring Performing Arts Event is scheduled for Friday, April 25th at the amphitheater on the Civic Center Campus. A proposal is currently underway for the fireworks and the SideStreet Strutters have been booked for entertainment. Director Horvitz clarified for Chairman Loudon that this event would be publicized by the City along with the Community Picnic set for the following day, April 26tn. Post cards will be mailed out to the community on April 1st. Commissioner Hemes volunteered to handle necessary media follow-up. Commissioners agreed to wait until the March meeting to appoint a subcommittee for this event. E. Cove Oasis Trailhead Benches Artist Roger Hopkins was present to discuss the Commission's idea to place a few of his stone benches and picnic tables at the Cove Oasis Trailhead. Staff reported that the City Council may be interested in some natural stone seating for the area. Aggregate stone benches and tables are currently being installed by the City near Cove Oasis. Items discussed included materials, placement, protection from graffiti and number of pieces desired. It was moved by Commissioners Hemes/Reynolds to wait until the aggregate tables and benches are installed, then travel to site before taking further action. Unanimous. F. Bear Creek Trail Mileage Marker Program Staff provided overview of plan to identify hiking trails and walking locations throughout the community. Upon completion of this plan, a marker system is to be developed and installed. Staff clarified for Commissioner Young that art sites will be identified in the plan. �r �)4W SACommunity Services\CAC\CACMIN.02.13.03.doc 3 Cultural Arts Commission Meeting February 13, 2003 Minutes Page 4. Following discussion, it was moved by for the completion of the draft pla G. Limited Artist Participation n Commissioners Brodsky and Reynolds expressed strong feelings against limiting artist contributions to the City's Art in Public Places program. It was moved by Commissioners Brodsky/themes not to limit artists to three pieces in the City's Art in Public Places program. Unanimous. H. Sunday in the Park Program Mr. Tom McGraw discussed his idea to invite local artists to Civic Center Campus for an annual event held on a Sunday to display their artwork while painting live scenes throughout the park. Commissioners supported the idea of this project and suggested inviting local restaurants to provide lunch box meals for the event. Staff suggested that this would be a possible item to add to the Commission's Work Plan for the upcoming year to be submitted to the City Council for approval. Consensus was to bring this item back to the Commission for consideration for Fiscal Year 2003-04. CORRESPONDENCE AND WRITTEN MATERIALS A. La Quinta Park Playground Equipment Artwork Staff distributed plans for playground equipment at La Quinta Park, which includes panels to be customized with artwork. The La Quinta Arts Foundation is sponsoring an art competition for children age 5-12 from Adams and Truman Elementary Schools. The artwork will be presented for approval at the March 13th Commission meeting. A special event will be held at the completion of the project for the participating children and their families. Commissioners enthusiastically supported this project and look forward to seeing the finished project in the park. COMMISSIONER ITEMS Newly -appointed Commissioners Hemes and Young gave the Commission an overview of their backgrounds and experience in the area, and expressed enthusiasm to serve as Cultural Arts Commissioners. SACommunity Services\CAC\CACMIN.02.13.03.doc Cultural Arts Commission Meeting Minutes February 13, 2003 Page 5. Commissioner Hemes also expressed his concerns about the sculpture located in front of LG's Restaurant. Staff reported that the surrounding landscaping would be enhanced. He also suggested more lighting for the art piece at "Point Happy". ADJOURNMENT It was moved by Commissioners Brodsky/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 9:00 PM. NEXT MEETING INFORMATION March 13, 2003 7:00 PM La Quinta Civic Center Study Session Room Agenda items for next meeting: Performing Arts Subcommittee Submitted by: Hally Savio Community Services Secretary SACommunity Services\CAC\CACMIIN.02.13.03.doc r —,-- REPORT/INFORMATIONAL ITEM:4 0�-0 V rY =�w COMMUNITY SERVICES COMMISSION �G ti5 OF T9 MINUTES February 10, 2003 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:05 p.m. at the skate park location in Fritz Burns Park. Chairperson St. Johns presided over the meeting. Commissioner Calhoun led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Deborah Bechard Commissioner Michele Boudreau Commissioner Gary Calhoun Commissioner Mike Davis STAFF PRESENT: Dodie Horvitz, Community Services Director Marni Francisco, Recreation Supervisor Leonard St. Sauver, Assistant Engineer Andy Gerrard, La Quinta Police Department PUBLIC PRESENT: Jon Sanchez Shander Sessions Mario Larios Jared Powell Steve Clare Ryan Reid Bryan Contreras Lois Hewitson Stacie Hewitson II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the January 13, 2003 Minutes B. Monthly Department Report for December 2002 It was moved by Commissioners Calhoun/Davis to approve the Consent Calendar. Unanimous. ��J Community Services Commission Minutes February 10, 2003 Page 2. V. PUBLIC HEARING — None. V1. BUSINESS ITEMS A. Skate Park Components and Operations Director Horvitz distributed to Commissioners a diagram of approved skate park components, noting that the bid opening was January 27, 2003, and the anticipated date for award of contract is the February 18 City Council Meeting. She introduced Assistant Engineer Leonard St. Sauver to report on necessary modifications to the skate park plan. Mr. Sauver gave Commissioners an overview of the necessary changes to the plan, including handicap access, relocation of fencing, addition of 42" railing, concrete patching, correction of drainage problems, and revamping of automatic timers for lights. Discussion also included the blue/gray color scheme and addition of a vending machine for soft drinks and snacks. Commissioners Bechard and Davis suggested signage for automatic lights notifying skaters that lights are set for one -hour intervals. Construction of the skate park improvements will be phased, with an expected completion date of May -June, 2003. Commissioners and staff invited questions and comments from members of the public, and thanked them for their input and interest in the development of the skate park. B. Upcoming Events Recreation Supervisor Marni Francisco reminded Commissioners of upcoming events and invited all to attend if possible. Commissioners will attend as follows: Youth Workshop - February 20 - Commissioners St. Johns & Calhoun Tiny Tot Olympics - March 15 - Commissioner Bechard Community Picnic - April 26 - All Commissioners Staff also reported that the Neighborhood Pet Show held Saturday, February 9 was very successful, with 35 participants and several photos taken by the Desert Sun staff. C. La Quinta Park Playground Equipment Artwork Staff distributed plans for playground equipment at La Quinta Park, which includes panels to be customized with artwork. The La Quinta Arts Foundation is sponsoring an art competition for children age 5-12 from Adams and Truman Elementary Schools. The artwork will be presented for approval at the March 10 meeting. • SACOMMUNITY SERVICES\COMMUNITY SERVICES COMMISSION\MINUTESCSC\2002\CSCMIN 2003\CSCMIN.02.10.03.DOC Community Services Commission Minutes February 10, 2003 Page 3. VII. CORRESPONDENCE AND WRITTEN MATERIALS VIII. COMMISSIONER ITEMS IX. ADJOURNMENT It was moved by Commissioners Bechard/Davis to adjourn the Community Services Commission meeting. Unanimous. Meeting adjourned at 7:35 p.m. NEXT MEETING INFORMATION Monday, March 10, 2003 @7:00 PM La Quinta City Hall Study Session Room Submitted by: Hally Savio, mmunity Services Secretary 1r)� 7 SACOMMUNITY SERVICES\COMMUNITY SERVICES COMMISSION\MINUTESCSC\2002\CSCMIN 2003\CSCMIN.02.10.03.DOC v 3 Department Report: I — A � 5 Irxo � nav w5 of9 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: March 18, 2003 SUBJECT: Department Report - Responses to Public Comments The following public comments were made at the March 4, 2003, City Council meeting: 1. John Fleck, 48-425 Via Solana, of VFW Post 855, expressed appreciation for the Veterans Memorial and for planting of the VFW tree. They will hold a fundraising dinner on April 26th to raise funds for the scholarship program for the ROTC cadet program, and requested mitigation of facility rental fees for the Senior Center on that date. 2. Master Sergeant Dan McKim and Cadet Major Chris Culp, of the La Quinta High School ROTC program, urged support of the request. ■ The matter is on today's City Council agenda for consideration. 3. Dr. Donnis Thompson, Advisory Board Chairperson for the Retired Seniors Volunteer Program, stated RSVP placed 138 volunteers in La Quinta last year for a total of over 10,780 hours. To demonstrate the value of the volunteer hours, she presented the City a symbolic check in the amount of $159,588. ■ Council thanked Dr. Thompson for the symbolic check and the service of all the volunteers. 4. Sandra Hawks, 78-770 Spyglass Hill, spoke on behalf of the residents of Bajada, Painted Cove, and La Quinta Fairways who would like to know when will the strip at Park Avenue and Avenue 50 be landscaped. ■ The strip of land in question is adjacent to the Rancho La Quinta development, which has graciously volunteered to provide landscaping for that strip. However, the City must first grant an easement, subject to City Council approval, prior to permitting them to proceed. City Staff is working on this item and anticipates bringing the easement request to the Council later this spring. 409 DEPARTMENT REPORT: 3' A CITY COUNCIL'S UPCOMING EVENTS MARCH 18 CITY COUNCIL MEETING APRIL 1 CITY COUNCIL MEETING APRIL 15 CITY COUNCIL MEETING APRIL 25 CULTURAL ARTS SPRING EVENT APRIL 26 LA QUINTA CITY PICNIC MAY 6 CITY COUNCIL MEETING MAY 20 CITY COUNCIL MEETING JUNE 3 CITY COUNCIL MEETING JUNE 17 CITY COUNCIL MEETING JULY 1 CITY COUNCIL MEETING JULY 15 CITY COUNCIL MEETING ,�� 9 March 2003 La Quinta City Council Monthly Planner April 2003 La Quinta City Council Monthly Planner 1 2 3 4 5 2.00 PM City Council 10:00 AM ALRC March Meeting S M.T W T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 8 9 10 11 12 7:00 PM Mosquito 9:00 AM RCTC• 12:00 PM Energy/Envi- Abate.•Perkins Henderson Sniff 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Daylight Saving Time Commission Advisory Board Commission Begins 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 10:00 AM Pub. Sfty 2:00 PM City Council vation Commission Perkins Meeting 12:00 PM Transp.- Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 20 21 22 23 24 25 26 Easter 7:00 PM Planning Commission 12:00 PM CVAG Human/ Comm•Osbome 9:00 AM LAFCO- Henderson 4:00 PM - � 7:00 PM City Picnic 12:00 PM Sunline-Adolph DRRA Open House 4:DRRA Airp Osboror ne Os Cultural Arts Spring Event 27 28 29 30 6:00 PM CVAG-Exec ,. MW Com Adolph S MT T F S' 4 5 6 7 8 9 10 �'r.'' 11 12 13 14 15 16 17 222324�v 18192021 25 26 27 28 29 30 31 g' Printed by Calendar Creator Plus on 3/11/2003 May 2003 La Quinta City Council Monthly Planner 1 2 3 12:00 PM Mayors 9:00 AM - 4:00 PM April S M T W T F S une S M T W T F S Lunch Ui SJSR Ntl. Monument- Henderson 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 45 13 14 15 16 17 18 19 20 21 22 23 24 25 26 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Happy 21 st Birthday La 27 28 29 30 29 30 Quinta 4 5 6 7 8 9 10 2:00 PM City Council 10:00 AM ALRC 12:00 PM Energy/Envi- Meeting Sniff 7:00 PM Cultural Arts Commission 11 12 13 14 15 16 17 Mother's Day 7:30 AM CVEP-Adolph 10:00 AM Pub. Sfty- 7:00 PM Mosquito Abate. -Perkins 9:00 AM RCTC- Henderson 3:00 PM Historic Preser- vation Commission Perkins 7:00 PM Planning 5:30 PM Investment 12:00 PM Transp.- Commission Advisory Board Armed Forces Day Perkins 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 18 19 20 21 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO- 2:00 PM City Council Henderson Meeting 25 26 27 28 29 30 31 7:00 PM Planning 12:00 PM CVAG Human/ IL Commission Comm -Osborne 12:00 PM Sunline-Adolph 4:00 PM ORRA Airp- Memorial Day (CITY Osborne HALL CLOSED) Printed by Calendar Creator Plus on 3/11/2003 ') DEPARTMENT REPORT: 'T U rY INCpppMi41 19Q OF T19 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety -rf/ DATE: March 18, 2003 RE: Monthly Department Report - February 2003 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of February. The reports depict the following highlights: • Year to date building permit valuation is $52,039,457.05 which represents an issuance of 695 building permits through February; • 439 animal control cases have been handled through February; • 399 code compliance cases have been initiated through February; • 13 new licenses were issued to La Quinta based businesses in February; • $1,040.00 - garage sale permit income in February; • $2,707.50 - Senior Center income in February: New Life Community Church $ 825.00 (for March) Gonzales/Cardenas Quinceanera 1,172.00 Lion's Gate HOA 110.00 La Quinta Golf Estates HOA 152.50 Sjem/Luna Wedding 448.00 $2,707.50 2G13% N GO O O co O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0> Cn m O CC) N C) 6 9 C) 69 C) bap69 C) O 69 O 69 O 69 O 69 O 69 O 69 O 69 to O 69 C)V coEfi O N C QW a 69 J acn 40 U J m co O O O co 1l O O O O O O O O O O O O O O O O O Cl. O O O CD O CD O O a= v CD v o 0 0 0 0 0 0 0 0 o tci o o v Z Z O 6H W) 69 V'* di ull 69 � 69 W.V),69 69 N 691 69 N O 69ce Q 664 K (D 't O O .- O c") (D O 7 to C7 O O to 1l ch to O O O GD T- O to N (D (P e- O 'cr V: co 'l;� 1%. O CD 1- O 69 C) O c1r) co CV) O O ti Cl 6ri co N T- tt C) 613, cri qt 1- ti N O CV Go Go T- LO co (D T-- (D Q lKr ti O it r- Go N co O O O M (D M cV � tf) IRT rz N 69 ch 69 69 CD Nr pl 69 6F3 69 69 N 6 % .- 69 V 69 GO V- y W 69 N W tL. u� ~ O It O O O O to O O O tt GO O (D O 1- we It C)(D .-- GO U? 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CO C) O co 64 IRT 1 O 0)Go .- 69 O O CD 10, LO 1l_ Ul) 14 U p J 0 c T- (D v to 1l O (Ni r- cl O cv to V-: co .- Go cf co cr) d C6 �_ M co V7 Nr 0 m VO N be, to'*69 6Fi 69 Nf� C%4 O m 6ri 69 69 LO H N Z O O C) LO C) C) C)O O O O O O O O O O W r-- O T- 1` O O O O OR O O .-- GO O O O O r- _ CM M O 69 1� O O m 6 CD to O 69 O O Cl O 69 O � O O to O EA O O O O m CV mt d 11 GD V- T- t` r- O v r- O O (D N z O O O ICT 1l C) cf N ch (D (M O 69 V to V N V to r N O v N m I- N 69 69 69 E!i N E9 69 Ef3 69 69 0, 69 t7 69 E!3 (� � (D O co N Go m � 1� ce) T- O V O O V- cM LO O .- N O ICt cr) Go N e- rC r �- La 0 J W (D O to O Go v O O CM co O O Go N to T- m O v co a) Ul) T- N .- H Z LU J WJ Z = W W 0Q0 Z CV) ui GOO W co(D to N 7 O v O In It QNOOco ~ p a_ Q Q W NC) Z 0 }- J Z O U J Q O z W LL LL < Q U Z Z CL ° Ow Q It Z Z C� OW J W Z Z m Q = m (n J O W O Ur Q W W 0 W 0 N J Q CL Z -� U U g � O Q a Z o w w o O O_3 w o w cn U m U w a a a C� v� U t- 264 2 ANIMAL CONTROL REPORT FOR: Feb 2003 Steve Alexander, Jackie Misuraca and Moises Rodarte ANIMAL PICKUPS YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO DATE 03 DATE 02 HANDLED DATE 03 DATE 02 Dogs Alive 22 58 65 Bite Reports 1 8 7 Dead 1 6 8 Animal Trap OTI 0 1 4 Set Ups 6 15 5 Alive 6 14 8 Cruelty to Dead 6 14 10 Animals 0 0 1 OTI 0 0 0 Other Animals Alive 1 5 1 Vicious Animal Dead----5— 21 14 Restraining 0 0 1 TOTAL ANIMALS Alive 29 77 74 Dead 12 41 32 OTI 0 1 4 TOTAL ANIMALS REMOVED 41 119 110 Special Hour Patrols 0 Zoning Violations 1 Lost & Found 26 Animal Rescue --!— Outside Agency 1 City Reclaims 6 Other 11 TOTALS 53 VIOLATIONS: No Owner Warnings Citations Dogs at Large 10 1 20 Noise Disturbance 10 0 0 Defecation removal 0 1 0 License Violation 0 0 33 Other 0 0 1 Monthly Total 20 2 54 YEAR TO DATE 47 8 110 0 2 3 0 73 50 4 4 2 0 23 16 27 23 155 109 TOTAL MONTHLY INCIDENTS HANDLED: Feb 03 - 170 / Feb 02 -204 YEAR TO DATE INCIDENTS HANDLED: Feb 03 - 439 / Feb 02 - 359 2r, CODE COMPLIANCE REPORT FOR: Feb, 2003 Feb 03 YEAR TO DATE 03 YEAR TO DATE 02 ABATEMENTS: Nuisance Abatements Started Weed Abatements Started Vehicle Abatements Started Dwelling Abatements Started Animal Control 136 11 47 Started 6 TOTAL STARTED 200 TOTAL COMPLETED 128 263 19 109 1 7 399 256 225 7 144 1 0 377 261 Case Follow -Ups 300 645 221 Home Occupation Inspections 15 32 18 Business License Inspections 0 0 0 Garage sale permits Issued 104 338 196 ($1040.00) 266 4 M M M M M M M M M M M M M O O O O O O O O O O O O O m 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N OS&�ClGti��tiVaMaaaOti0 01 aaai CN Nasac :30000000000000 0 Co U W ¢ Z CO W W Z c� g a W � Fa- w 0 O U -j Lu >>W� U Q� Z �= i1JUw LLW <co OQrn W Z Z UJ—ZLb0z�CD 0 <0 YOUZYUZ mm J�OwW°�O-1OwOoQ m ° wZUNcl) w 0— J�0 CO uj �zao�O�Oz�O�m� IOaDw0.Ix 0U00 B U¢ a CO a. 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C�A1O-MO- a f 6 M -z— DEPARTMENT REPORT: 6000 off' ��o • OF T1' TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 18, 2003 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF FEBRUARY Attached please find a copy of the Community Development Report which outlines the current cases processed by staff for the month of February. 263 PAMonthly Report Folder\Monthly Report 12-02.wpd 1 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT FEBRUARY 2003 PROJECT DESCRIPTION CUP'S 0 submitted Development Agreements 0 submitted Environmental Assessments 2 submitted Fugitive Dust Control 0 submitted General Plan Amendment 0 submitted Lot Line Adjustments 1 submitted Minor Adjustments 1 submitted MUP's 6 submitted Parcel Maps 2 submitted Parcel Mergers 0 submitted Sign Permits 5 submitted Site Development Permit 4 submitted Specific Plans 0 submitted Tentative Tract Maps 0 submitted TUP's 0 submitted Zone Change 0 submitted Zoning Code Amendments 0 submitted PAMonthly Report Folder\Monthly Report 12-02.wpd Z O H O a A NNooNV- � � � N M It It to UUUUU EL a. a. 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L L) a CL a>i c`a cc CL a 0 'v OC Q C) CC oC Q Q 0 ,o 0 LO N 0 ) c O v, E E 'o �- ° ° _ a c cr U c Q MO 'c C; N O o F- aU � cOn Q CL U U -v a o� M 0 U- p w N' O ° ° c ° U 'c caa p MU 0 r- �. c m o C7 0 0 0 a� E C CAS O -� r•- O O E NO ._ O +-� Q N O Q 'c ' .— M E M a Z o , coo 1 M p N M Y O Q O D v ca N L- M O N 0 U U a) •— O 0 N> 0 a- >. Q ON CLr F- F- a� o O U Z� cn �° cn � � V cQ � m U tn ram, O a W H Q U W n O .J Q U a M O ++ M O M O M O m a o m C p Lo ® V V m v +-� G m N O N co N ^ co co m mm Eo 0 0 0 O c v ♦, co m w c > ea E Q O o m '+ + c m ce O a o m o °r° v � Y -v c m c � m E v m 0 m .0 W m C CL c O = v � r W a v 5 0 m c o m m aY Q C9 n co oZf CL C) m c m m s LPL c cm J C) c y O 'c c _= a m k3 N O i N TO: FROM: DATE: -A DEPARTMENT REPORT: 5 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL JERKY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR ✓j MARCH 18, 2003 SUBJECT: REQUEST FOR PARTICIPATION IN THE JUDGING OF THE WASTE -TO - WONDERS ART CHALLENGE TO BE HELD APRIL 1 1-13, 2003, AT THE RIVER IN RANCHO MIRAGE AS REQUESTED BY S.C.R.A.P. BACKGROUND AND OVERVIEW: At the City Council meeting of February 4, 2003, Council approved a request for $1,000 from the Student Creative Recycle Art Program (SCRAP) requesting assistance with the Waste -To -Wonder Art Challenge to be held in April, 2003. This year staff has received a request from SCRAP for a representative from La Quinta to serve as a judge for the Art Challenge (Attachment 1) . Council may elect to appoint a Council Member, or staff person, to represent the City as a judge in the Art Challenge, or have no representation. Provide staff with direction. Attachments: 1. Letter of request from SCRAP S:\CityMgr\STAFF REPORTS ONLY\SCRAPjud.wpd 274 Riverside County Fairgrounds 46-350 Arabia Street Indio, CA 92201 ,q 1 'J bear Jerry, Just a note to request that either a Council Mem- ber or someone of your choice represent La Quinta as a judge for the 2003 Waste -To- 1 Wonders Art Challenge. Please notify Karen Riley at the Gallery at 863- 7777 and she will make arrangements for your representative to view the art when the exhibit is in place. Thanks again for your support for this worthwhile community event. Sincerely, �Pc: v z Ft 27J. -�— DEPARTMENT REPORT: OHO • 4 cTMIm �4 0, w5 OF T19 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY C NCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIREC DATE: MARCH 18, 2003 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF FEBRUARY 2003 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF APRIL 2003: April 1 Hatha Yoga, Senior Center April 1 Tae Kwon Do, La Quinta High School April 1 Karate for Kids, La Quinta High School April 1 *Free AARP Tax Assistance April 1 *Tap Dancing Lessons April 1 Acrylic Paintings, Senior Center April 1 Mexican and Italian Cooking Class, La Quinta High School April 1 *Representative from Bonnie Garcia's Office April 2 *Introduction to the Internet Computer Class April 2 Vinyasa Flow Yoga, Senior Center April 3 *Ceramics Class April 4 *Watercolor Painting Lessons April 5 Algodones Excursion, Civic Center April 7 Beginning Computer Lessons, Senior Center April 7 Stained Glass for Beginners, Senior Center April 7 *Monthly Putting Contest April 7 *Stained Glass April 8 The Far East Cooking Class, La Quinta High School April 9 *Senior Sports Day April 9 Intermediate Computer Class, Senior Center April 9 Wrap it in a Wonton and Let's Stack It Cooking Class, La Quinta High School April 10 Light Cooking, La Quinta High School April 10 *Cooking Class April 10 *Ballroom Dance Workshop April 14 Spring Break Camp, Children's Discovery Museum April 14 *Computer Scanning Lesson April 14 *Introduction to Computers April 15 Spring Break Camp, The Living Desert April 15 *Free Hearing Consultations April 15 *CPR Class April 16 Spring Break Camp, Party and Park Picnic at Fritz Burns Park April 16 Conversational Russia, Senior Center April 17 *Volunteer Luncheon April 17 Spring Break Camp, Movies in Cathedral City April 18 *Conversational Spanish Class April 18 Spring Break Camp, Knott's Soak City April 19 Annual Egg Hunt and Chalk Drawing Contest, La Quinta Sports Complex April 21 *Photo Editing Computer Class April 22 *AARP Mature Drivers Course April 24 *Tai Chi April 24 *Jazz Guitar: Basics and Beyond April 26 City of La Quinta Picnic and Birthday Bash, Fritz Burns Park April 29 *Office On Aging Nutritional Mobile Van *Daytime Senior Center class or activity 277 2 Community Services Department Attendance Report for the Month of February 2003 Summary Sheet Program 2003 2002 Variance Sessions Per Month 2003 2002 Leisure Classes 152 80 72 57 20 Special Events 94 92 2 2 2 Adult Sports 542 492 50 18 20 Senior Center Total 788 664 124 77 42 Senior Services Senior Center 497 473 24 15 13 Total 497 473 24 15 13 Sports Complex Use AYSO 900 800 100 20 20 LQSYA (baseballj 800 500 300 14 6 Total 11700 1300 400 34 26 Facility/Park Rentals Fritz Bums Park (Birthday Parties) 2 0 2 0 0 Sports Complex (Desert springs Church) 80 0 80 4 0 Total 82 0 82 4 0 Total Programs Volunteer Hours Senior Center 8681 924 -56 Total Volunteer Hours 8681 924 -56 Unnthiv Revenue Senior Center $ 11,043.00 $ 10,535.00 $ 508.00 Community Services $ 10,136.00 $ 5,096.00 $ 5,040.00 Total Revenue $ 21,179.00 $ 15,631.00 $ 53,548.00 Revenue Year to Date Senior Center $ 55,580.00 $ 61,222.00 $ 7,414.00 Community Services $ 55,138.00 $ 45,731.00 $ 9,407.00 Total Revenue to Date $ 1109718.00 $ 1069953.00 $ 16,821.00 3 Community Services Program Report for February 2003 9nn9 2002 2003 2002 Participants Participants Variance Meetings Meetings Leisure Classes Beginning Computers 9 8 1 4 4 Intermediate Computers 5 4 1 4 3 Acrylic Painting 5 0 5 2 0 Adobe Photoshop Elements 4 3 1 2 2 Tae Kwon Do 11 0 11 3 0 Karate for Kids 4 0 4 3 0 Hatha Yoga 33 35 -2 2 6 Vinyasa Flow Yoga 10 01 10 2 0 Hatha/Vinyasa Combo 8 0 8 2 0 Line Dance Lessons 17 0 17 4 0 Botanical Watercolor Class 7 0 7 2 0 Bel dance Lessons Tu. 9 0 9 4 0 Bel dance Lessons Th. 9 0 9 4 0 Conversational Russia 2 0 2 3 0 Italian for Travelers 7 14 -7 8 3 Ballroom Dance Lessons 6 16 -10 4 2 Art of Jazz Guitar 61 0 6 4 0 Totals 1521 Sol---721 571 20 I%nn'2 9nn9 2002 2002 Participants Participants Variance Meedngs Meetings Special Events Pet Show 27 40 -13 1 1 Mexico Excursion 67 52 15 1 1 Totals 94 92 2 2 2 I%nnls 7nn9 9nn3 2002 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 382 292 90 16 16 Adult Soccer League 1601 200 -401 2 4 Totals 5421 4921 601 18 20 Recreation Totals 1 788f 6641 1241 771 42 Page 2 Senior Center Attendance y Senior. Activities ACBL Bridge Ballroom Dancing, I Ice Cream Social Monthly Birthday Party Monthly Luncheon Movie Time Nabisco Putting Contest Putting Contest Seminars Tennis Tennis Social Senior Activity Total Senior Leisure Classes Arts and Crafts Ballroom Dance 'grid a Lessons Ceramics Tutor Dog Training Class Exercise Golden Tones Jazz Guitar Quilting Rug Hooking Sketching/Drawing Spanish Stained Glass Tai Chi Tap Dance Watercolor Woodcarving Yoga Senior Leisure Classes Total TOTAL SENIOR PROGRAMS Senior Services AARP "55 Course AARP Tax Aide FIND Food Distribution Health Screenings I.I.D. Energy Assistance I.I.D. Energy Assistance/No fee Legal Consultation Medicare/Hi Cap Consultation Volunteers TOTAL SENIOR SERVICES SENIOR CENTER TOTAL 335 320 15 4 4 21 0 21 1 0 574 561 13 14 10 10 4 6 1 1 23 41 34 38 -11 3 3 1 .5 1 96 100 -4 1 1 64 60 4 4 8 113 122 -9 1 1 5 6 -3 1 1 50 0 50 2 0 33 0 33 6 0 g 51 4 1 1 1374 12521 122 40 33 33 19 14 4 4 30 22 8 3 8 84 94 -10 14 12 11 13 -2 3 4 63 31 32 17 9 4 8 -4 4 7 18 19 -1 1 1 6 13 -7 1 1 17 11 6 2 2 55 61 -6 11 11 93 50 43 4 3 5 0 5 4 0 15 8 7 1 1 19 31 -12 3 4 28 15 40 4 -12 3 3 4 2 11 0 1-4 4 0 33 37 3 6 10 10 2 2 16 44 -28 3 3 32 29 3 8 4 16 12 4 4 4 26 24 2 2 3 16 0 16 6 0 656 5801 761 110 95 2030 18321 1981 1501 128 26 40 -14 2 2 ? r; . 5 61 51 10 4 4 263 255 8 4 4 18 18 0 2 2 14 13 1 n/a n/a 26 8 18 n/a n/a 12 7 5 1 1 8 g 0 2 n/a 69 73 -4 n/a n/a 497 473 24 15 13 25271 23051 2221 165 141 DEPARTMENT REPORT: g Oj�TQ�� U INC G4 c� of9 TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: March 18, 2003 RE: Public Works/Engineering Department Report for the Month of February, 2003 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks imothy R. o asson, Public Works Director City Engineer 281- g LL O} F_- U r� 2, s ' N S pS k, �r 3 y Al n, - lk a< i � f a .;a Rid 3 � X� L r aSS k � b (. � k.-§ 40 L0 3� S Y F th f z 5� V �3 M 6 l L "'z`riz3 Ff. R �V S "?c Y P k- ; N c tom � � p t F � z Y {c C S M O O N Q D w m W LL U Qa H w c=n = =0 z v M w Ooowaow w g q q N O ki F-doomom LLcM— �O O� J C J o .— ff} ER e— Q W LL O H I--00co000o ZOOcMNgki n o c o m o m CV) �qITO crj 1 1- C! 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N cc O � N LO O O � W d' N N m co J 0 I— C� ' L) vi O LU O. C N 0 i EZ IL m o 0 a. a 'o E1-11 9L I- MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: February 3 thru 28, 2003 Emplo eWs Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code jActivity 4 Men 4 Men 1 Man 1 Man Total 1000 1policing/Inspection 99 38 18 19.5 174.5 1001 Pot Hole -Repair/Patching 8 15 0 0 23 1002 Crack/Joint-Repair 0 1003 IPavement Marking/Legends 23 23 1004 IPavement Marking/Striping 8 8 1005 Curb Painting0 0 0 0 er Traffic Controls 56 2 0 0 58 +I- 0_7 rb & Gutter Repair/Const. 0 8 0 0 8 1008 10ther Concrete Re airs/Const. 0 3 0 0 3 1009 IStreet Sign Install (New) 10 19 0 0 29 1010 IStreet Sign Repair/Maint 43 481 2 0 93 loll I Debris Removal 20 42.5 0 0 62.5 1012 lRight of Way Maint. 8 28.5 0 0 36.5 1021 ICLEAN Catch Basin Inlet/Outlet 0 18.5 0 0 18.5 1022 lRondo Channel Outlet/Vault 0 1 0 0 1 1022A I Desert Club Outlet/Vault 0 1023 lRetention Basins Repair/Maint. 0 6 0 0 6 1024 Gutter/Median Sand Removal 0 10 0 0 10 1025 Street Sweeping (Machine) 119 0 0 0 119 1026 Street Sweeping (Hand) 0 1 0 0 1 1627 Sidewalk/Bike Path Cleaning 0 6 0 0 6 1028 IDust Control 0 1029 Flood Control 3 20 0 2 25 1031 Parks/Retention Basins Inspection/Clean-4 0 0 0 0 0 1041 Mowing/ Weeding, Shrubs & Tree Trimming 0.5 0 0 0.5 1051 Landscape/lrrigation Contract Mana eme 0 0 62 14 76 1052 Lighting/Electrical Contract Management 0 4 14 14 32 1061 Small Tools Repair/Maint. 2 3 0 0 5 1062 Equipment Repair/Maint. 6 22.5 0 0 28.5 1063 Vehicle Repair Maint. 8 14.5 0 0 22.5 1081 Trash/Litter/Recycable Removal 0 22 1 0 23 1082 Vandalism Repairs 24.5 9 0 33.5 1083 Graffiti Removal 22 26 7 0 55 1084 Maint. Yard Building Maint. 15 35 0 0 50 1085 Seminars/Training 21 8 8 6 43 1086 Special Events 1 0 0 0 1 1087 Citizen Complaints/Requests 85 5.5 25 0 115.5 1088 meeting 9 40.5 2 32.5 84 1089 lOffice (Phone, paperwork, reports, Misc.) 9 40.5 4 52 105.5 SUBTOTAL 544 544 152 140 0 1380 1091 Over Time 27 16 8 0 51 1094 Jury Duty( 0 1095 Sick Leave 48 34 0 0 82 1098 Vacation 16 30 0 12 58 1097 Holiday 32 32 8 8 80 1098 STD (Short Term Disability) (J. Lindsey) 0 0 0 0 0 1099 Bereavement (J. Staight) 0 0 0 0 SUBTOTAL 123 112 16 20 271 TOTAL HOURS 667 656 1681 160 1651 TOTAL MILES 3003 3761 389 484 7637 DEPARTMENT REPORT: CITY OF LA Q-UINTA POLICE DEPARTMENT MONTHL Y REPORT February 2003 • Vehicle Thefts declined by 50% for Jan. 2003 when compared to Jan. 2002. • Traffic Citations increased 48% for Jan. 2003 when compared to Jan. 2002. • Traffic Collisions increased 34% for Jan. 2003 when compared to Jan. 2002. 4 La Quinta Police Department Special Enforcement Team Monthly Report February 2003 The following is a summary of the Special Enforcement Team activities for the month of February. Ongoing Investigations 2 Probation Searches 0 Parole Searches 0 Arrests/ Filings 3 Vehicle checks 6 Business Contacts 7 Investigation assists 2 Arrest Warrants Served 0 Arrest Warrants Attempted 2 Programs 2 Pedestrian Checks 3 Crime Prevention Hours 20 Bar Checks 0 Back-ups 5 Follow-ups 8 Search Warrants 1 Meetings 1 Recovered Stolen Property .0 Citations issued 0 Surveillance's 2 Property Checks 4 Civil Commitments 1 Bicycle Time 0 Training Hours 34 Illegal Drugs Seized 0 Total Mileage: 400 miles Noteworthy Accomplishments: - La Quinta SET arrested Dominic Hutchinson and Robert Brown of La Quinta for attempted / residential Burglary. - La Quinta SET followed -up on a 2002 residential burglary, where they identified, Zachary Devoe, as the suspect. Devoe was already in -custody on another matter. Charges filed with DA's Office. - La Quinta SET participated in the initiation of a Search Warrant where one subject was arrested on a narcotics violation. - La Quinta SET received a combined total of 34 hours of training in Search Warrant Initiation and Emergency Vehicle Operations. - La Quinta SET conducted a Home Owners Association meeting at the Citrus Country Club. 0 91 11Speed Violations Wail to Yield urning Violations 11Stop Sign Violations LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS FEBRUARY 2003 151 Lane Change Violation 1 Seat Belt Violations 2 DUI Arrests 8 Cut Traffic for Citation Prepared By: Deputy Dave Adams 12 Tows 11 C3 Injury T/C Q �0 Non -Injury T/C 24 Suspended DL IlSignal Light Violations 1 12 _ __1 Cut Traffic for Collision CJ Non -Moving Child Seat Violations 1 J Warnings 1 18 J Fatal T/C HIGHLIGHTS 020403 - Non -injury T/C @ Bermudas and Monterey. PCF 21658(a) CVC. 020503 - Minor injury T/C @ Wastward Ho and Dune Pals Rd. PCF 21950(b) CVC. 020503 - Hit & Run T/C @ Ave. 52 and Jefferson St. PCF 21658(a) CVC. 021403 - Non -injury T/C @ Washington St. and Simon Dr. PCF 22350 CVC. 021903 - MFF training in Palm Desert. 022003 - Non -injury T/C @ Fred Waring Dr. and Palm Royale Dr. PCF 21802(a) CVC. 022603 - Non -injury T/C @ Madison and Ave. 54. PCF 22350. 0 492 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT February 2003* SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Brooker RSO Grant Funded Position School Session: February 1St through February 28t"92003. HIGHLIGHTS: • During this period of time there were two school holidays. • 1 sat on the panel of the Child Welfare and Attendance Board, at the Desert Sands Unified School District office. • Conducted follow-up investigations on reported runaway juveniles. • Conducted Youth Accountability Team meetings with students and parents. • Counseled students that violated school rules, which were not violations of state law, but serious enough to warrant discussing the incident as a preventative measure and conducted mediation to diminish potential problems between students. Assisted the school staff with several incidents of medical aids including a grand mal seizure, inappropriate behavior and sexual harassment between students • I conducted investigations and documented incidents that occurred on or off campus, and the school bus, which ranged from CPS cross reports, middle school boys picking on elementary school girls on their way home after school, contacted the 4 lost hikers and their parents after their rescue, conducted a welfare check on a student and investigated the theft of a teacher's purse only to unfound it after finding her purse locked inside her desk so her students would not take it. 4. 9 3 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT February 2003* SCHOOL: LA QUINTA HIGH SCHOOL Deputy Stephen Morton HIGHLIGHTS: • Four battery cases were submitted to the Youth Accountability Team and six students were placed into the program. • Two cases involving fighting on school grounds were submitted to the Youth Accountability Team and four students were placed in the program. • Two arrests were made for students in possession of marijuana on school grounds. • One case involving a theft and possession of stolen property was submitted to the District Attorney's Office for prosecution. • I assisted the Youth Accountability Team with eight juvenile home visits. • I conducted several truancy and business checks. Four students were found in violation of the truancy ordinance and cited. • I conducted several parent / students meetings and counseled students on their behavior, academics, and school attendance. 29A Actual reporting period covers January 27, 2003 through February 28, 2003. Riverside County Sheriff's Department EXPLORER POST 503 PROGRAM REPORT February 2003 There were 3 training meetings for Post 503 Explorers during February (4, 11, and 25). The meetings covered physical training, upcoming competition event practice, drill/marching training, and one hazardous device/bomb threat lecture. Deputy Jeff Lundgren did a great job during the hazardous device/bomb threat lecture. Crime Analyst Jennifer Richards conducted the tug-of-war training for the upcoming Colorado River Competition. Deputy Manuel Alvarado and Andy Martinez handled the drill and marching training. Andy Martinez and I led the physical training. Explorer Post 503 members volunteered and assisted with the following events: 1. Date Festival, south side parking lot, directing traffic on February 15, 16, 17, 22, and 23, and 2. Assisting at the Riverside County Sheriffs Department recruiting booth inside the Date Festival at various times and dates during the Date Festival. One upcoming event is the Riverside County Sheriffs Department 2003 Explorer Academy. The academy will be at the Ben Clark Training Center in Riverside from August 3-9. Submitted by Explorer Post 503 Advisor, Sr. Deputy Andy Gerrard, Indio Station 295 City of La Quinta La Quinta Police Department Captain John Horton, Commanding February 2003 Highlights (Numbers in parenthesis denotes number of calls for service that day) Saturday. 02-01-03 (53): At 0210 hours, Deputy Hendry was on routine patrol in the St. Francis Church parking lot on Washington St. in La Quinta when he noticed a white Mustang convertible parked on the West Side of the church. Deputy Hendry initiated a vehicle check and noticed that a white male was displaying what looked like a handgun from the driver's seat of the vehicle. Deputy Hendry was able to see two hoses attached to the dual exhaust system. The subject began to rev the engine and the car stalled. Additional deputies and Sgt. Trevino responded to the scene and the subject exited the vehicle without the gun. The subject, who was identified as Scott Shellan, 40 yrs. of La Quinta, said that we interrupted him trying to kill himself by carbon monoxide and he brought the gun ( Marksman Repeater BB gun) as a "backup" in case the monoxide didn't work. He also said that he was going to try to make us shoot him by pointing the gun at us. Shellan is depressed over relationship and financial issues and went to Mental Health to seek help on Monday (1/27) but was refused treatment. Shellan added that he was determined to be successful next time. Shellan was taken to Indio Mental Health. Allied agencies and Palm Desert Station notified of subject. Report by Deputy Hendry Deputy Ervin responded to the 49000 block of Eisenhower (La Quinta Resort) in La Quinta reference to a domestic disturbance. Deputy Ervin arrested David Paul Acierno, 44 yrs. of Denver CO. for spousal abuse. He was booked at Indio Jail. At 1416 hours, Deputy Quintero responded to Wal-Mart reference a shoplifter in custody. Doreen Rose Sandoval, DOB: 080876, stole numerous items of merchandise (clothing, batteries, videos, sunglasses) totaling $488.84. She was booked for burglary. Sundav, 02-02-03 (55): No significant activity. Monday, 02-03-03 (55): No significant activity. Tuesday, 02-04-03 (67): No significant activity. Wednesday. 02-05-03 (62): Deputy B. Lee responded to a burglary in progress call at the 53000 block of Avenida Vallejo, La Quinta. Once he arrived a witness informed him that two juveniles had attempted to break into the above listed residence. The La Quinta Set team arrived and conducted a search of the area. A vehicle that was abandoned at the scene was registered to a Dominic Hutchinson who is known to have contact with local gang members. Members of the La Quinta Set Team made contact with the Coachella Valley Gang Task Force, and they were advised of Hutchinson's associates. The Set team members made contact with one of the associates who was identified. They were detained and taken to the Indio Sheriffs Station. During an interview with these two subjects, they admitted they were attempting to break in to the house, and fled after the neighbor confronted them. After the interview both subjects were arrested and booked for attempted burglary Thursday. 02-06-03 (70); Deputy Michaels stopped a Silver Mitsubishi Eclipse (CA) 4HLX662 on Washington x Tampico for a vehicle violation and during contact with occupant, Ruben Lopez, 22 yrs. of Mecca, Deputy Michaels saw a grenade in the left side pocket of the vehicle. Lopez said that it was a "dummy however the pin was still intact and the grenade had black electrical tape across the bottom. Lopez added that he didn't know if there was any powder in it as he took it from a friend to keep it as a souvenir. HDT was called- Deputy Anderson responded and after review found that the Hinge Pin was missing and no powder inside. Report by Deputy Michaels Friday. 02-07-03 (4 Deputy Ervin arrested Dr. Frank Curry (one of the Emergency Room Dr.'s at JFK) for DUI at Dune Palms x 48th. Dr. Curry's BAC was .17. He was booked at the Indio Jail.. Deputy Ervin arrested Georgina Guadalupe Sanchez, 34 yrs. of Cathedral City for poss. of a controlled substance warrant after conducting a vehicle check at AM/PM -Washington x Hwy I I I Deputy Hughes responded to the 78000 block of Hwy I I I (Wal-Mart) reference a robbery. A Hispanic male took a portable phone from the business and when security confronted suspect, the suspect struck the security officer in the face with closed fist several times. Possible suspect is "RATA" Deputy Hughes arrested a 15 yrs. juvenile, of La Quinta for Throwing Substances at Vehicles. Deputy Hughes found McClain throwing rocks and oranges at passing vehicles at Avd. Bermudas x Calle Chillon. Saturday, 02-08-03 (50): At 0130 hours, Desert Dispatch received a call from Riverside Dispatch, who was on the phone with Virgin Mobile Cell Phone Service Operator "Megan". The operator reported that she received a telephone call from a male subject who identified himself as "Don Vais". The subject told the operator that he wanted to have phone sex with her and if she didn't comply, he was going to rape the 12 year old female that he was holding captive. Even though the operator didn't comply with the phone sex, she stayed on the phone with the subject for 2 hours. The subject would periodically lay the phone down and the operator could hear what sounded like a child screaming in the background. Many of the subject's cell phone (760) 899-4301 calls were traced to Adult Sex Shops in Palm Springs. Another number was traced to the 200 block of E. Alejo in Palm Springs. P.S.P.D. went to the location, contacted elderly couple by the name of Crandell. Said didn't know anyone by that name; however, had a daughter that lives at the 52000 block of Avd. Diaz in La Quinta. Deputies went to that location and came up with nothing. Occupants were unaware of subject and no one at residence fit the description of the male. Dispatch advised that the Cell Service Operator said that the subject pre -paid for additional minutes at one of the Circle K stores in La Quinta. Deputies checked the surveillance tapes and spoke to clerks at both locations and no one had come into the businesses near or at that time to purchase a phone card. After checking, dispatch advised that a similar type call had been received in Rancho Mirage on 1/24. In which a male subject told the RP that he was sexually molesting a 12-year-old. That call led deputies to the 54000 block of Avenida Juarez in La Quinta where no one home. Since the two might be related, I sent deputies out to the Avenida Juarez address for a follow-up and Deputies Scott and Demerest contacted a Charles Head, 040871 and his family. Nothing appeared suspicious at the location and Mr. Head was very cooperative to let us search his home. All leads have been exhausted at this time. Report by Deputy Ervin. Unattended death in Bella Vista tract, La Quinta. Elderly woman who had prior health problems, was found deceased in bed by friend Lou Gehrig disease. CDF responded and pronounced at 1006. Coroner notified, did not respond. Sgt Jameson on scene. Handled by Demerest and Burns .97 Sunday, 02-09-03 (48): Deputy Gaunt responded to a shoplifter in custody at Wal-Mart in La Quinta. The suspect, Alfredo Mendivil, 06/11/70, had entered Wal-Mart with the intent to steal. Deputy Gaunt arrested Mendivil for burglary, and booked him into Indio Jail. Monday, 02-10-03 (62): At 1835 hours, Deputy Lewis responded to Tecate and Madero in La Quinta in reference to a report of four lost hikers. Apparently, four juvenile hikers, had left for a hike up the Boo Hoff trail out of La Quinta to Sugarloaf in Pinyon Pines at 0500 that morning. The juveniles were to return before sunset that same day. However, when the juveniles failed to return by sunset the parents became concerned and contacted La Quinta Police. Sergeant McManus responded, and The Desert Search and Rescue Team has been activated. Deputy Gaunt arrested Cheryl Kaufmann, 06/20/56, of Rancho Mirage for driving under the influence of alcohol at Hwy. I I I x Mtn. Cove. Tuesday. 02-11-03 (37): The four lost juvenile hikers were located by STAR 95 at 1115 hours near Sugarloaf. All were very wet and cold. They were flown back to the command post and met by their families. One was transported by AMR due to a recent recovery from pneumonia. Sheriff Doyle arrived just before the helicopters flew them in. According to the hikers, they slept under some large rocks in the rain and DSAR must have walked past them while they slept. Sgt. Vest Wednesdav, 02-12-03_(56): Deputies responded to an attempt burglary in progress at the 78000 block of Saguaro in La Quinta. The R/P- Robert Burman (63 yrs.) was hearing voices again outside of his residence and said that an unknown person was trying to break into his residence through a bedroom window. He called deputies out a second time to say that he suspected his neighbor's son (Senator Jim Battin's son) of lighting a firecracker and throwing it on his roof. Burman has accused Battin of numerous "unfounded" crimes and admitted to deputies that he has not been taking his medication. Report by Deputy Ervin Thursday, 02-13-03 (56): Deputy Espinoza arrested Michael Tweedy (120660) for assault with a deadly weapon at the Indio Sheriffs Station. Tweedy assaulted his sixty-five - year uncle three days ago during a disagreement. The victim's doctor reported the assault during a medical examination today. Tweedy agreed to an interview and admitted assaulting his uncle. '98 Friday. 02-14-03 Oft. Deputy Ervin responded to the 53000 block of Avd. Obregon in La Quinta references a Hate Crime. Victim Linda Galve found an "A" inside of a circle (Anarchy) written on one of the windows of her vehicle. Galve was a victim of a similar incident on January 25`h. Galve stated that a few weeks ago, some "skin heads" drove by in a red vehicle and yelled racial slurs and she didn't report that incident. She added that her son has been the victim of racial slurs at Amistad School. Robert Pearson, 78000 block of Wakefield Circle, LQ, awoke at 0500 and opened his Desert Sun. He said he found white powder in it and he called Desert Sun who told him it was probably just residue from the printing. He then called CDF who told him to go to nearest CDF, which for him was on Madison in Indio. Deputy Burns and Demerest responded. There had been no threats, no indications of any biological substance. CDF apparently called Hazmat who decontaminated Pearson and were going to follow up at his residence. SIB notified as well as PIO. We did no press release but they were on scene at CDF. Deputy Michaels arrested Sergio Ojeda, 071581 of Indio for poss. of a controlled substance behind Wal- Mart in La Quinta. Saturday, 02-15-03 (44): No significant activity. Sunday, 02-16-03 (49): Deputy Hendry arrested Anthony Torres, 23 years, of Indio for vandalism at 51000 block of Eisenhower apartment, La Quinta. Torres had broken out the sliding glass door to the apartment while trying to get his car keys from the resident, Fabian Martinez. Torres also had a spousal abuse warrant out of Los Angeles. Deputy Hernandez investigated a burglary to a vehicle at 51000 block Avd. Villa in La Quinta. The suspect used an unknown type pry bar to break the right front passenger window and stole a Gateway brand laptop computer from the front seat. Monday, 02-17-03 (49): At 0705 hours, Deputy Hendry arrested Eric Gayton, 04/10/77, for terrorist threats and battery on spouse, at 51000 block of Avd. Mendoza, La Quinta in reference to a domestic violence call. Tuesday, 02-18-03 (60): No significant activity. Wednesday, 02-19-03 (61): Deputy Michaels responded to the 50000 block of Calle Paloma reference a subject at the location armed with a knife. Upon arrival, Deputy Michaels found the subject armed with the knife in front of the residence. The subject ran from the location when confronted at gunpoint. The subject is identified as: John Maruice Bucklar, 022873, W/M/A, 510, 160 and he has a felony warrant for poss. of a controlled substance. According to Bucklar's sister, he has made threats of suicide. 999 Thursday, 02-20-03 (68): Deputy Ervin arrested Keith Edward Long, 052968, at the 78000 block of Scarlett in La Quinta for spousal abuse against his live-in girlfriend, Erica May. May had several bruises on her right arm. Friday, 02-21-03 (65): Dep Michaels, LQ SET, and CVNTF served a search warrant at the 52000 block of Ave Villa in La Quinta for H&S. Arrested for poss. of a controlled substance was Zasha Hurst (WFA 23 years) and her brother, Xesh Hurst (24 years) for under the influence of a controlled substance. A small usable amount of meth was recovered and unfortunately no stolen property recovered. Saturday, 02-22-03 (49): Deputy Hendry handled a vehicle burglary at the 78000 block of Pina, located inside the Citrus Country Club in La Quinta, in which $45,000 worth of jewelry was taken from the victim's Mercedes. The suspect(s) used a cement meter box cover to break vehicle window. Deputy Krachman investigated an unattended death at the 78000 block of Singing Palm Dr. The investigation showed no evidence of foul play. The coroner coordinated with the funeral home to have the body transported to a mortuary. Sgt. Pinon and Gnatek responded to the scene to evaluate the investigation. The decedent had a history of heart disease. Sunday, 02-23-03 (63): Dep. Gaunt arrested Miguel Angel Ruan, 34 years, of La Quinta for unlawful violation of the personal liberty of another and spousal battery, at 51700 Eisenhower Dr., La Quinta. Monday, 02-24-03 (80): No significant activity. Tuesday, 02-25-03 (66): No significant activity. Wednesday, 02-26-03 (78): Effective 2/25 the CHP has placed a marked unit outside Sen. Battin's residence to protect both the Sen. and his family from any potential threats from Robert Burman. The assignment will be a 24 hours a day position until the Senator moves or the situation changes dramatically. If any calls for service are received from either Bruman's house or the Senators house on Saguaro, immediately notify CHP dispatch so that they can notify their unit on scene. The current agreements as to the responsibilities of both the CHP and RSO are as follows: CHP- Protection and security of Sen. Baffin, his family, and residence. RSO- Investigation and handling of all calls for service from Burman. All previous memo's and instructions regarding the Burman address are still in effect. Sgt Vest Deputy Hernandez transported Vingenza Paterno, 34 yrs. of the 54000 block of Avd. Rubio to Mental Health for mentally disturbed after she threatened to kill herself by burning her house down. Deputies Lee and Drafton arrested David Yanez, 30 yrs. of Coachella for petty theft with priors at Wal- Mart. 300 Thursday, 02-27-03 (74): Deputies Ervin and Hernandez responded to the 53000 block of Avd. Montezuma in La Quinta reference a vehicle burg in progress. Homeowner Randy Baca went outside and found a Hispanic male inside his Ford Explorer. When the suspect saw Baca, he got on his bike (nfi) and fled the area. The area was checked with negative results. The suspect was wearing a dark colored pendleton shirt and pants. At 1500 hours, Patrick Walsh, 12, La Quinta, was riding his motorized scooter on Carnes Circle and left sidewalk onto street into path of Gracie Davis, 78, Palm Desert. Davis had been south bound on Seeley at low speed. McKenna was struck by front of vehicle and thrown up on hood and to ground. He was transported to Desert with facial injuries but did not seem to have major injuries. His mother Miriam McKenna had been backing out of her driveway and witnessed the accident. Two additional witnesses verified that McKenna drove directly in front of oncoming car. PIO notified. Deputy Reynolds arrested two subjects during his shift. The first suspect was Jose Luis Ciriaco (043081) for vandalism at Madison and Ave 54. Ciriaco broke the windows of a vehicle that belonged to a subject who Ciriaco thinks is having affair with his wife. His second arrest was Jesus Florez a 15 yr. old juvenile for the same offense. The adult was booked at the Indio Jail and the juvenile was released to his parents' custody. Deputy Michaels responded to the 77000 block of Avd. Montezuma reference a Suspicious Circ. RP arrived home and found front door to residence wide open; however, no signs of forced entry. After leaving residence, Deputy Michaels located Nathaniel Reeves walking away from the front of the residence. Reeves told Deputy Michaels that he was visiting a friend in the "area" but refused to tell Deputy Michaels where he lived or who the friend was. **Reeves was arrested by Palm Desert Police in November, 2002 for burglary, receiving stolen property, and poss. of a controlled substance and he was just released on 2/25 * * Info forwarded to La Quinta SET. Deputy Wynn handled a robbery at the 51000 block of Eisenhower. Ten year old male victim saw a White or Light Skinned Hispanic Male, 20 yrs. take his bike from the front patio of his residence. Victim came out of residence to confront suspect and suspect pushed victim to the ground. The suspect then fled the location on his bike, a green Mongoose. A neighbor recovered the victim's bike and it was learned through the investigation that the suspect (unknown name) frequents the area of Eisenhower. Victim did not receive any injuries during the incident. Friday. 02-28-03 (48): Deputies Aguilasocho and Patterson arrested Jose Gerardo, 20 yrs., Adrian Gerardo, 21 yrs., and Alfonso Villareal, 25 yrs. for vehicle theft, breaking or removing vehicle parts, and receiving stolen property. Subjects were located at the 88000 block of Airport Blvd installing engine from a stolen truck into their own truck. The stolen truck was parked next to subjects. The stolen truck, (CA) 2W43839 was a La Quinta stolen. The engine from suspect's truck was in bed of stolen truck. Deputy Olsen responded to 81000 Mountain View Ln. reference a dangerous or gravely disabled person / mentally disabled. Maria Vicuna, 45 yrs. of Indio Hills took a bottle of Vicodin and stated that she wanted to kill herself. Vicuna was transported to JFK, with a hold for Indio Mental Health. Total calls for service: 1638 301 CITY OF LA Q UINTA CRIME STATISTICS SUMMARY JANUAR Y 2003 3V CITY OF LA QUINTA JANUARY CRIME COMPARISONS C jME JANUARY 2003 JANUARY 2002 YTD (03) YTD (02) HOMICIDE 0 0 0 0 RAPE 0 0 0 0 SEX CRIMES (FEL) 0 1 0 1 SEX CRIMES MISD 3 0 3 0 ROBBERY 1 2 1 2 ,A►SSAULT (FEL) 3 14 3 14 ASSAULT MISD 22 16 22 16 BURGLARY 65 64 65 64 VEHICLE THEFT 6 12 6 12 THEFT (FEL) 23 36 23 36 THEFT MISD 46 49 46 49 VANDALISM MISD 46 18 46 18 DOM. VIOLENCE 6 13 6 13 NARCOTICS 5 13 5 13 DUI 9 10 9 10 T/C NON -INJURY 58 46 58 46 T/C INJURY 5 1 5 1 T/C FATAL 0 0 0 0 TRAFFIC CITATIONS 1 453 306 453 306 2003 STATISTICS DO NOT INCLUDE ATTEMPTS 303 Q z f� C//) z �0 V ) CL 2 0 LLJ Q J 00 P` Co � c LU LLi F n r Oil 2 D m LL J 111 CD m �n 4 � V z z 0 co ry U) 0 w 2i ry = M W C N Q! CV) m �J LL fn 4 Q z U) z 0 U) w CL 0 D m CM r c� r 0 r ca o� I I I ' I I I I ' I � I � I O I I I I � � I I I I I I � � 1 I I I i ' � I C I I I I � I I I I I � I I I I '^ W I N T" 3�?6 z z z cr- Q LO O L T� r 307 M N O O 00 N N ' as ■ ' Li) . . . . . . . . . . . . . . . . . . . . . . . . . ...... ..... M Ln b- 0 0 © o LO 'q M TOO CITY OF LA QUINTA DISPATCH INFORMATION / JANUARY 2003 TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY 5.6 1 ROUTINE 8.9 1053 *STATS TAKEN FROM RIVERSIDE CO. SHERIFF'S DATA WAREHOUSE AVERAGE. RESPONSE TIME REPORT