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2006 02 21 CCCity Council Agenda eaf 4 44dja 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, February 21, 2006 — 2:00 P.M. Beginning Resolution No. 2006-014 Ordinance No. 427 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, DOUG EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY IDENTIFIED AS: 643-090-032. PROPERTY OWNERS/NEGOTIATORS: IVANHOE LA QUINTA COVE ,. it jf February 21, 2006 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (GOVERNMENT CODE SECTION 54956.9(c)) 3. CLOSED SESSION, PERSONNEL MATTER, DISCUSSION OF ASSISTANT CITY MANAGER, TRAFFIC ENGINEER, AND PRINCIPAL ENGINEER POSITIONS PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1 ) RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council 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 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 City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM THE COVE NEIGHBORHOOD ASSOCIATION REGARDING SCHOOL BUS STOPS. 2. WRITTEN CORRESPONDENCE FROM THE NATIONAL ACADEMY OF TELEVISION ARTS AND SCIENCES, PACIFIC SOUTHWEST CHAPTER, REGARDING A SPONSORSHIP OF AN AWARDS LUNCHEON AT THE LA QUINTA RESORT. 3. WRITTEN CORRESPONDENCE FROM LA QUINTA HIGH SCHOOL PTO REGARDING A MURAL. FOR THE GYMNASIUM BUILDING. City Council Agenda 2 February 21, 2006 k r APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF FEBRUARY 7, 2006. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1 . APPROVAL OF DEMAND REGISTER DATED FEBRUARY 21, 2006. 2. TRANSMITTAL OF TREASURER'S REPORT FOR DECEMBER 31, 2005. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR DECEMBER 31, 2005. 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32201, DESERT SHELLS ESTATES, CHOICE ENTERPRISE REAL ESTATE AND INVESTMENT CO., INC. 5. APPROVAL OF CONTRACT CHANGE ORDER NO. 5 FOR PROJECT NO. 2003-09, WASHINGTON STREET MEDIAN IMPROVEMENTS (FROM AVENUE 48 TO AVENUE 50) . 6. APPROVAL OF A CLASSIFICATION CHANGE FROM SENIOR CENTER OFFICE ASSISTANT TO OFFICE ASSISTANT. 7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT EXTENSION WITH BUREAU VERITAS/BERRYMAN & HENIGAR FOR ON -CALL PLAN CHECK SERVICES. 8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT EXTENSION WITH NRO ENGINEERING FOR ON -CALL PLAN CHECK SERVICES. 9. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT EXTENSION WITH NAI CONSULTING FOR ON -CALL PLAN CHECK SERVICES. 10. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH SPEER CIVIL FOR ON -CALL PLAN CHECK SERVICES. 11. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT EXTENSION WITH BOYLE ENGINEERING CORPORATION FOR ON -CALL PLAN CHECK SERVICES. 12. APPROVAL TO ADOPT A RESOLUTION AND AWARD A CONTRACT TO PRECISION LANDLEVELING FOR THE SlIverRock RESORT SOIL STABILIZATION PROJECT NO. 2002-07M. City Council Agenda 3 February 21, 2006 r. 0, 13. APPROVAL OF ADDITIONAL PM 10 SERVICES FROM DISC CONSTRUCTION SERVICES FOR SlIverRock RESORT. 14. APPROVAL OF A JOINT USE OF FACILITY AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND THE DESERT SANDS UNIFIED SCHOOL DISTRICT. BUSINESS SESSION 1 . CONSIDERATION OF REQUEST BY THE LA QUINTA PLAYHOUSE FOR USE OF THE LA QUINTA PUBLIC LIBRARY FACILITY. A. MINUTE ORDER ACTION 2. CONSIDERATION OF CALLING A SPECIAL ELECTION OR APPOINTMENT TO FILL A VACANCY ON THE CITY COUNCIL. A. RESOLUTION(S) ACTION 3. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE. A. MINUTE ORDER ACTION 4. CONSIDERATION OF CITY COUNCIL STANDING COMMITTEE APPOINTMENTS. A. MINUTE ORDER ACTION 5. CONSIDERATION OF MID -YEAR BUDGET REPORT FOR FISCAL YEAR 2005/2006. A. MINUTE ORDER ACTION 6. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 426 APPROVING DEVELOPMENT AGREEMENT 2005-009 WITH NISPERO PROPERTIES, INC. A. ADOPT ORDINANCE NO. 426 ON SECOND READING STUDY SESSION 1 . DISCUSSION OF THE 2007 BOB HOPE CHRYSLER CLASSIC. City Council Agenda 4 February 21, 2006 � , . REPORTS AND INFORMATIONAL ITEMS 1 . ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (OSBORNE) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 1 1 . PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 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. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF JANUARY 4, 2006 17. COMMUNITY SERVICES COMMISSION MINUTES OF JANUARY 9, 2006 18. PLANNING COMMISSION MINUTES FOR JANUARY 10 AND 24, 2006 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY — NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT FOR JANUARY 2006 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT FOR JANUARY 2006 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT FOR JANUARY 2006 7. FINANCE DEPARTMENT REPORT — NONE 8. PUBLIC WORKS/ENGINEERING DEPARTMENT MONTHLY REPORT FOR JANUARY 2006 9. POLICE DEPARTMENT MONTHLY REPORT FOR JANUARY 2006 10. FIRE DEPARTMENT QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO REDEVELOPMENT AGENCY MEETING City Council Agenda 5 February 21, 2006 IMPORTANT NOTICE: DUE TO THERE BEING NO PUBLIC HEARINGS SCHEDULED, THE CITY COUNCIL WILL ADJOURN, UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT STILL NEED TO BE CONSIDERED WIFITIV O►ViN 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 clock on the speakers podium. ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on March 7, 2006, commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Deborah Powell, Acting City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of February 21, 2006, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, February 17, 2006. DATED: February 17, 2006 DEBORAH POWELL, Acting City Clerk City of La Quinta, California City Council Agenda 6 February 21, 2006 �y 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, arrangement should be made in advance by contacting the City Clerk's Office at 777- 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 7 February 21, 2006 WRITTEN CORRESPONDENCE ITEM: Cc ouv,.11 �ve or hood r s�ooc t O�A February 1, 2006 City of La Quinta Council Members 78-495 Calle Tampico La Quinta, CA 92253 Honorable Council Members, On behalf of residents of the Cove, we thank the Council for its ongoing support of the factors that affect our quality of life, especially, a high level of police enforce- ment, paramedic, and fire protection, and your strong dedication to preserving the natural beauty of our mountains. One of the issues that concerns Cove residents is school bus stops. Desert Sands Unified School District buses hundreds of students at all grade levels. A few stops are located at Cove parks, a few in front of homes, but most are at vacant lots. We propose that the City purchase vacant lots at various locations and improve them as "pocket parks" so that future generations of children will have a safe place to wait for their school buses. Some factors that relate to such a project are: 1. The number of vacant lots in the Cove is diminishing rapidly and their cost is rising rapidly. 2. If homes are built on all parcels, students will have to await the buses in the street, in private yards, or property right-of-way. This is dangerous for students and annoying for homeowners. 3. Desert Sands foresees no more schools to be built in the Cove, so there will always be a need for busing. 4. Desert Sands currently buses approximately 955 students in and out of the Cove every school day. This number is likely to increase. 5. Having a park setting for students who wait for buses would encourage better behavior at the bus stops. 6. Having designated school bus stops would enhance property values of nearby homes, as the prospect of having children "hanging out" on private property would be eliminated. 7. Pocket parks would be utilized by people of all ages, not only students. Attached are a list (October, 2005) current Desert Sands bus stops, and a map (made by me) with notations of nearby vacant lots. Many of these could be consolidated. Page 1 Conversations with Dr. Doris Wilson, Superintendent of Schools, indicate the District would enthusiastically support City efforts to provide a safe and permanent location of future bus stops. Please consider this important acquisition as another way to enhance the quality of life in the Cove. It would be a tremendous contribution to the safety of our children for generations to come. Thank you for your thoughtful consideration. Cove Neighborhood Association Steering Committee coo KaYWol i Steering committee members: Katie Barrows Ron De Luna Andrea Dooley Hal and Barbara Fowler Bob Hutcheson John Lindfield Joan Rebich Anita Roth Denny Schue Linda Williams Kay Wolff Cc: Dr. Doris Wilson, Superintendent of Schools, De rt Sands Unified School District Tom Genovese, City Manager, City of La Quinta Page 2 F Dese,4 Safj, Bus 545 Oc-"e-- . 066— f. 2-4 tr !ULJ cc I -A 41,1 Sr uwi At IDEL GXf 0 DR S 7Z AS kowses) Ri EG L A ,10 cc 13 STOP AM Pm .DUNE PALMS CACTUS FLOWER 3116a.20 13 M2:09— EISENHOWER I COLIMA R1,84- 20 / 6:38 2112.25 .,,ENSENADA I VALLEJO- DROP OFF ONLY 2112:17 2112:15 FAIRWAY/ EL DORADO 9 / Inactive 46112:50 FRED WARINC Q ADAMS 1119-23 24112:45 FRED WARING @ LA OUINTA PALMS Inactive 916:20 24 1 Inactive 4611216 FRED WARING I PHYLLIS JACKSON FRED WARING I PORTOLA 916:25 46/12:24 HOVELY /CARLOTTA 916:10 461 Inac HOVELY I OASIS CC Inactive 461 Inac HWY. 741 SHADOW MOUNTAIN Inactive 46/12-.30 HWY. 74 / SILVER SPUR Inactive 46 /12:40 HWY. 741 SOMERSET Inactive 461 INAC IDAHO I MICHIGAN Inactive 13/12:16 INDIO HIGH (ON CLINTON) 2017:04 NO DROP JEFFERSON / AVE 38 Inactive Inactive JEFFERSON I AVE 39 Inactive Inactive JEFFERSON I AVENUE 40 1816-.38 Inactive JEFFERSON / LAS PALMAS DE LA QUINTA 2016:63 13112:04 JEFFERSON I VISTA GRANDE MADISON I FRED WARING MILES I CLINTON - DROP OFF ONLY MILES i VISTA DUNES TRLR PARK (AnAmS) 2016:56 INAC-FIVE NO PICK UP 31/525 18112:08 18/12.,13 18112:01 USE Mile-slAdams MILES /ADAMS - DROP OFF ONLY Inactive 24/12:43 MONROE ( between Ave 40 & 42 - Palazzo Homes) 18 / inac 24 112:30 MONROE I VICTORIA- DROP OFF ONLY NO PICK UP 13111:515 MONTEREY/ FRED WARING MONTEZUMA f NAVARRO (Park) OASIS ST.] ROP SUILOING DROP OFF ONLY OBREGON / TEMECULA NOGALES @ RAMIREZ SHADOW-MTN. @ IRONWOOD SUNGOLD / VALENCIA -DROP OFF ONLY WARNER TRAIL / CALIFORNIA WASHINGTON @ SAGEBRUSH 916:30 2016:40 NO PICK UP 2016:36 Inac 20 / 6:30 Inactive NO PICK UP 3116:30 201 INAC 46/12:27 2/12:13 13111:53 2 /12:23 2/12:18 46 f INACTIVE 18/11.57 INACTIVE 2112:35 WASHINGTON I TAMPICO .20 / 6:44 2 / 12;30 WASHINGTON ST S. OF HIGHLAND PALMS Inactive 131 Inactive WESTWARD NO I DUNE PALMS RD. (CHANGED, SEE DUNE PALMS 0 CACTUS FLOWER) REVISED: 10/7/2005 10:03 AM AM 010 .......... ....... . S. STOP AM Pm 40-100 DILLON 6 / 6:13 16 Inactive 40-202 MADISON Inactive 24 / INACTIVE 40-550 MADISON Inactive 24 / Inactive 45-760 DILLON I CHEVRON Inactive INACTIVE 77-TTT HARM LANE 4116:40 46112:10 79-486 VARNER (4 Winds Trailer Park) Inactive 241 INACTIVE 81-670 AVENUE 42 Inactive 24/Inactive 84-843 AVENUE 44 6/6:06 16/12:32 85-100 AVENUE 44 (HARRISON RD) Inactive 16112:37 86-105 VISTA DEL SUR Inactive INACTIVE ADAMS I ADVENTINE APTS. 9 / Inactive INACTIVE ADAMS I AVENUE 38 1316:35 24/12:35 ADAMS I AVENUE 39 Inactive INACTIVE AVENUE 42 /ADAMS 3116:43 46112;05 AVENUE 421 CAM13RIDGE Inactive 46 /12:04 AVENUE 42/GLASS Inactive 461 Inac AVENUE 42 / GENERATION HOMES NW corner Jackson IS/ 6:26 24 1 12:26 AVENUE 421 JAMAICA SANDS Inactive INACTIVE AVENUE 42 / LIMA HALL 3116:41 46112:06 AVENUE 431 NAIROBI 1816:49 24 112:0 AVENUE 48 / DUNE PALMS (DEC) NO P" UP 13112:05 AVENUE 48 f MADISON Inactive 13111:58 AVENUE 481 YOUNG$ LANE Inactive 13 / INAC CALIFORNIA I ELKHORN 1316-29 13112:23 CALIFORNIA f VIRGINIA Inactive 13 /12:25 CAT CANYON I CANUILLA WAY Inactive 461 Inactive �COLIMA CARRANZA 20/6,-34 2 112:20 COOK / MERLE 9 16:15 46112:12 COUNTRY CLUB I EAST WOOD Inactive 461 INAC COUNTRY CLUES I LIBERTY (CAPRI HOMf�SL Inactive INACTIVE !COUNTRY CLUB I SAN TROPEZ (Sevilla ApIA-) Inactive 45 1 Inac COUNTRY CLUB I THE LAKES Inactive 461 Inactive DEEP CANYON I DRIFTWOOD 91 Inactive 46/1219 DEEP CANYON I GOLETA Inactive 46 / Inactive DILLON / BRACK 6 t 6:11 INACTIVE DILLON I DESERT CHARM- both sides '6/6:20 616:30 16/12:50-16/1:-00 DILLON / DESERT ROCK - both sides 616:15 616:39 16112.,47 16/1:04 DILLON I HAPPY VALLEY- both sides 616:33 16 / Inac 1611:02 DILLON I HOPPER -both sides I Inactive 16 f Inactive DILLON I NOT WELLS -both sides 616:21 6/6:27 161 Inac f 12-58 DILLON I LANDFILL RD 616:06 16 / Inactive DILLON / NORTHWOOD- both side,% 619-.17 616-.35 16 112:43 DILLON I PACE 618:37 16 / Inavl 6 11 1'03 DILLON I PUSHAWALLA- both sides 6 1618 W 6:31 16112:49 -16/1:01 DILLON I SHEPJDAN- both sides m 5 mm 16:22 616:26 IS/ 12:53 -lG /12:57 DILLON / SUNNY ROCK 616:41 16/ Inac -16/ 1:06 DILLON RD- f SUNNYSLOPE RD. 616:28--j- 16112:59 REVISED: 10/712005 10:03 AM J J LA TMW STOP AM Pm 79-555 "ENUE 38 8 / 6:59 2912:54 78-486 VARNER (Trailer Park) 816-.51 2912:47 79430 VARNER ( Myoma ) 8 / 6:53 29 / 2:48 82-211 INDIO BLVD. ( ELM'S 817:09 3613:04 ADAMSIAVE 39 a 16:56 29 12:52 ADAMS / AVENUE 38 8/64.58 2912:53 AVENUE 381 JEFFERSON 817:01 29/2.,55 BURR @ LIBERIA (DROP FOR NAIROBI) 4617:10 3612:45 CLINTON I RIVFRLANE 46 / 7:15 3612.,53 NOGALES / NAVARRO - Southwest corner 2316:40 1012:52 COLIMA/ RUBIO - Southwest corner 2416:42 2212:55 EISENHOWER/ AVENUE 50 1 / 6:43 10/2:48 FRED WARING DR. I MADISON 8 / 714 3612:57 JEFFERSON I ARNOLD PALMER GATE 2316:30 1013:04 JEFFERSON f WEISKOPH GATE 23 f 6:32 1013:06 JEFFER$0N I AVENUE 39 8 f 7:02 2912:56 JEFFERSON / AVENUE 40 8 f 7:04 2912:58 MONTEZUMA I NAVARRO (Park) SONORA I CARRANZA - Northeast com*r 2416 :46 3 / 6:39 412:58 19 / 2:65 TEMECULA/ VELASCO (at Park) 116:48 912:57 -WASHINGTON / SAGEBRUSH IWASHINGTON I TAMPICO 117:01 116:56 22 f 3:05 913:02 REVISED: 10/7/2005 10:04 AM DESERT SANDS UNIFIED SCHOOL DISTRICT BUS SCHEDULE FOR 2UU51 UFJ -3- AVE. # 481 ADAMS (Aventirw Apt$.)( In AM stop Northwest 4516:38 1412:09 is on Adams @ Adventine Apts) Corner AVE, #481 BOUGANVILLA 45 / 6:35 1412:07 GALE0 SAY / LAKE LA QUINTA 14/6:51 14/2:11 CHILLON I RUBIO va"Z44� joh 1417.10 1/2,10 Northwest corner COLIMA f EISENHOWER 4516:55 22/2:10 Northeast corner DURANGO J NAVARRO 1417:28 20 / 2:07 Northwest corner EISENHOWER I AVE. 50 (Westside 1417:01 14/2,18 JEFFERSON /ARNOLD PALMER GATE 2316:30 2512:23 JEFFERSON / WEISKOPH GATE 2315s32 25 f 2:25 MONTEREY f ALVARDO 2417:15 1412:23 Northeast corner NOGALES / NAVARRO 1417:14 912:07 Southwest comer SINALOA I VALLEJO 4ii4l 2317:14 23 / 2:0$ Northeast comer SONORA f RAMIREZ Southwest comer 4517:26 24 f 2;07 Northwest comer TEMECULA I VELASCO (at Park) 45 / 7:00 25/2:09 Northwest comer IWASHINGTON ST. I FRONTAGE RD 1416:55 14 / 2:13 REVISED: 101712005 10:04 AM I DESERT SANDS UNIFIED SCHOOL DISTRICT BUS SCHEDULE FOR 2005106 ADAMS ELEMENTARY SCHOOL RI Bus #/PICK- UP TIME Rt & Bus # /DROP- OFF TIME Rt & Bus #/PICK- UP TIME Rt Bus 9 1 DROP-OFF TIME Rt & Bus / DROP - OFF TIARE ZVE.Ky.., STOP AM AM-K PM-K PM PM-K NOGALES @ VELASCO K-2 2-33 only - Northeast corner 1/ 7:35 23112:28 141101-.58 9/3-30 SONORA @ VILLA K-2 only - 1/7:30 23/12:24 14/10:54 112:28 913:26 Northeast corner (Blue) COLIMA @ EISENHOWER (Park) 2012:32 Northeast comer 23 17:38 23112:33 14111:02 (Green) 9 /3:34 TEMECULA@ VELASCO 23 /2:32 Northwest corner 6f4-L- 317:36 23 /12:37 14/11:06 (Yellow) 9 13:39 Boys & Girl's Club next to 2412:34 Truman NO AM N /A N 1A (Red) N /A 10/7/2005 10:04 AM Rt & Bus W M & RUs # / Rt & Bus # Rt $BUS # FRANKLIN ELEMENTARY SCHOOL PICK-UP DROP-OFF / PICK-UP DROP-OFF TIME TIME TIME TIME K-545 dlac��sf ` ARROBA ALVARDO • all grades Northwest comer 1417:52 11:0��'t#G f a , 14/2:51 1;tj � ' • �-s tF F Grown ? DURANGO u@ DIAZ' ,/K 2 only -Sq west corns 241 ?:58 20 H2:53 11 ! 9.56 1412:41 (Brown) ENSENADA t@ RUBIO K-2 onty - Northeast corner 24/ 7:54 20 /12:58 11 110:00 1412:47 s (Brown) MONTEREY @ ALVARCO - all grades Northwest zZ! 7:42 20 11:fl3 11110:04 2012:62 corner (Purple) Boys & Girl's Club next to Truman( 2nd run r , cn 14 ( 25 on Tuesdays) - pick tap @ N/A N 1 A N f A 14 / a:os Franklin 0. 2.55 } (Brown) I OM2005 10:04 AM, Rt&Bus#1 1tt&Bus 91 Rt&Bug# Rt&Bus#/ TRUMAN ELEMENTARY SCHOOL PICK-UP DROP-OFF / PICK-UP DROP-OFF TIME TIME TIME TIME STOP AM AM-K PM-K PM K-5 ADAMS / AVENTINE APTS. 2017:56 45 / 12:54 201 In=t(vv 1 13:13 Oran !!_ AVENUE 481 BOUGANVILLA tlYlifa Flops Homes] 201 i:$3 45112:5'l 201 Inactive 1 /3:10 Oran e AVENUE 481 Las Palmas De La Quinta Trailer park 2617:45 45 / 12:43 20 /10:05 AVENUE 48 t MADISON 20 / 7:46 451 12:39 20 / 10:00 1 13:00 Orange AVENUE 481 YOUNG$ LADE 20 / 7:50 45 / 12:41 20 /10:03 1 13:05 Orange AVENUE 501 MONTERO (K-2 only) Inactive INACTIVE INACTIVE 24 / 2:50 Blue AVENUE 52 1 CETRINO (CITRUS HOMES) INACTIVE INACTIVE INACTIVE INACTIVE CALEO BAY / LAKIr LA QUINTA 8 / 7!39 14 (12;56 INACTIVE 2512:53 Green JEFFERSON / ARNOLD PALMER GATE 25 / 7:36 INACTIVE INACTIVE 2413:12 Blue JEFFERSON / WEISKOPH GATE 2517:38 4611NAC 141 INAC 24 / 3:14 JEFFERSON / VISTA GRANDE 2617:50 45 / 12:46 28 /10:10 2519:07 Green POTRERO @ RUBIO Southeast corner 2917:50 14112:43 45 /10:22 2413:00 Blue RUBIO / CHILLON Southwest corner Mot. 25 / 7:48 14 / 12.39 46110:18 24 / 2:55 Blue �TAMPICO 1 QUIN'TO (K,2 only) 8 / 7:52 14112:33 20 / Inactive 2512:49 Green 'WASHINGTON ST. / FRONTAGE RD. 8 / 7:43 INACTIVE 201 Inactive 25 / 2:57 Green WASHINGTON STJ SAGEBRUSH (K 2 only) 8 17:45 14 12;51 20 / Inactive z5 z:49 10171200510:05 AM *1 WRITTEN CORRESPONDENCE ITEM: The National Academy of Television Arts & Sciences Pacific Southwest Chapter February 2, 2006 Mayor Don Adolph 55105 Riviera La Quinta, CA 92253 Dear Mayor Adolph: A Nonprofit Organization \ Dedicated to the Advancement of Television On April 23, 2006 The National Academy of Television Arts and Sciences- Pacific Southwest will hold its first event in our valley, the "Gold & Silver Circle" inductee Awards Luncheon. "Gold Circle" inductees are a rare group of living individuals who have contributed 50 years of work to the industry. Receiving "Gold" are Mery Griffin, Jane Wyman, Anne Francis, Paul Burke and Irvin Green. "Silver Circle Awards", for 25 years of service will be given to Ralph Young (Sandler and Young), and local news persona Gloria Greer. Palm Springs Gold/Silver Address 375 El Portal Palm Springs, CA 92264 760-416-0165 P.O. Box 80255 San Diego, CA 92138-0255 619-269-9803 206-202-4121 fax emmypsw@cox.net www.emmyonline.org Academy member, Jackie Lee Houston and I worked with NATAS this summer to secure this event for our Desert Cities. We are thrilled that the inaugural event will be in the Cit of La Quinta. To begin the underwriting process we have asked the oac iella Va ey s major banking & financial institutions to underwrite two tables or more for each of the nominees. They have. Other sponsors to date include Tiffany, Baccarat, La Quinta Hotel and Resort, Woman in Film and the RIAA (Recording Industry Association of America). We would ho a that the_City of La Quinta would also be a s onsor. The total Bona ion wou e 1 5 0 0 table, $15.UQ er person .Proceeds from this event supQ�lleae scholars.hip§f stu ents maionnd in communications/ telPv tlflJlumiom One table would donated too r gues s t e of er to es could be filled with guests of your choosing. De City Logo would appear on the invitation as an inaugural underwriter as well as in our prl a vl eo screen MO-MaPMC m u Iclt etc. We are working on deadlines and wouIZI MUM TMZ city logo sent to our designer no later than next Thursday. Our thanks for your early response to this letter. -t(` (05 We look forward to your response soonest. TC>A:, Sincerely, Robin Montgomery -Direct Line 416-0165�L Board of Governors, NATAS-PSW CC: Jackie Lee Houston, Denise DuBarry Hay, Janet Newcomb Gold and Silver Circle Luncheon Committee Will Givens, President, NATAS-PSW - Robert Gardner, National Trustee, NATAS-PSW - Chairs Mark Adams • Frances Allen • Ted Giatas - Denise DuBarry Hay - Jackie Lee Houston • Kathi Jacobs Robin Montgomery - Janet Newcomb • Dick Shalhoub • Ellie Weiner The Honorable Frank Bogert - Congresswoman Mary Bono FOR IMMEDIATE RELEASE January 13, 2006 EMMY® ORGANIZATION PRESENTING HONOR AWARDS IN LA QUINTA (La Quinta, CA) — The National Academy of Television Arts and Sciences (NATAS), Pacific Southwest Region, is not only the presenter of its region's Emmys, it honors people who have made outstanding contributions to the industry by inducting them into its Gold and Silver Circle Honor Rolls. This year, for the first time, they will be presenting the honors on Sunday, April 23 at La Quinta Resort and Club. The honorees will be on hand to receive their awards. The Gold Circle honors those with 50 years of service to the television industry. At this event, the first -ever qualifying members west of the Mississippi will come from the NATAS-Pacific Southwest Chapter to be inducted into the prestigious Gold Circle. They are actor Paul Burke; actress Anne Francis; producer and founder of Mercury Records Irvin Green; producer, actor, writer, director Mery Griffin; and actress Jane Wyman. Established in 1983, the Silver Circle honors members of the television industry who have contributed 25 years to the industry. To date only 173 NATAS-PSW members have been inducted into this distinctive honor roll and two more will be inducted at this luncheon. This year's honorees are entertainment news anchor Gloria Greer and singer Ralph Young. The luncheon begins at 11:30 a.m. and is open to the public. Tickets are $75 and proceeds will support the NATAS scholarship program for students majoring in television related fields. La Quinta Resort & Club is at 49-499 Eisenhower Drive, La Quinta, CA. Information and reservations: (760) 416-0165. °�►�-.�' `�� EST. 1994 bla WRITTEN CORRESPONDENCE ITEM: International Baccalaureate Programme City Clerk City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Honorable members of the La Quinta City Council, February 14, 2006 n to L/ AA r' FEB 1%5 M� I would like to request from the Art in Public Places fund the money for a large mural to be painted on the front of La Quinta High School's gym. I believe we are the only high school in the valley without the name of our mascot painted on the school. This would bring a lot of pride to the school and community which the school serves. Enclosed is a proposal by Larry at Boss Graphics and examples of his work. The project would cost approximately $8,000. There are also photos o where the mural would be placed on the school which is north facing and wouldn't get a lot of sun. I was very excited after reading the municipal code for the Art in Public Places to see that our project qualified. Mr. Genovese's office has informed me that there is approximately $400,000 in the fund currently. If we were awarded this money our school would be so grateful to the city and I would make sure that all 2000 families attending the school knew where it came from. I look forward to hearing from you. Sincerely, Mrs. Dori Quill LQHS Parent Teacher Organization President 51245 Avenida Rubio La Quinta, California 92253 564-2685 Desert Sands Unified School District 79-255 Westward Ho Drive - La Quinta, California 92253 • (760) 772-4150 Fax (760) 772-4166 - Fax (760) 771-4171 tT H MaKe i 2-.521-4C,'�,�JLULUAV, FVA-Jivi — 818-2A8-;7(0)66) FelpruAry 7, 2006 ON 6,200-00 U M? A nF pq�nnrjm(7 1,2"IrO-00 F, . . . . . . . . . . . . . . . . . . . . . . . . . TKAY"EL EXFPN-`H-- PF-IMOSIT or FURCHASE 0rDEK DEFOKE WOKK DE01149- 15ALANCE PPE ON GO MPLF-1" ld NOKK TO BE COMrLETEP WITHIN 180 PAYS OF DET"051T -Or Wigb: www-bossgraphics-com E-maii. 1j-rvy@b0s59,r3Qhic,5.com ,9'TUC 54St03 t" ;9 COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Demand Register Dated February 21, 2006 Qulbt(V r4 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated February 21, 2006 BACKGROUND: Prepaid Warrants: 67078 - 671021 55,135.97 67103 - 671951 56,905.67 67196 - 671961 534.53 67197 - 672141) 38,612.60 67215 - 672151 500.00 Voids} (2,117.51) Wire Transfers} 437,262.69 P/R 33152 - 33165; 138,848.52 P/R Tax Transfers I 35,174.10 Payable Warrants: 67216 - 67396 � 6,69207.78 $7,4531)544.35 FISCAL IMPLICATIONS: Demand of Cash - City $2,273,072.39 Demand of Cash -RDA $5,180,471.96 John M. Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 02/01/06 - 02/15/06 02/02/06 WIRE TRANSFER - PERS HEALTH 02/02/06 WIRE TRANSFER - LANDMARK 02/09/06 WIRE TRANSFER -- LANDMARK 02/09/06 WIRE TRANSFER - ICMA 02/09/06 WIRE TRANSFER - PERS TOTAL WIRE TRANSFERS OUT $62,029.58 $143,235.35 $200,395.06 $16,968.14 $14,634.56 $437,262.69 00 00 1 I O 110 1 1 O 00 LnO O O O \ I Y J I o in O O 0 O` O 0 10 1 U Q I W LtJ O I W F- I o O Ifl M r- O \0 00 0 O I= O I+ '+ r- Q` 00 0 M N r- uI N CC I U F- 1 O O O t+l M N N (.7 w I I > > Q co I I O z I I H I i w at: I I n. 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CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated December 31, 2005 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. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: { Thomas P. Genovese, City Manager Attachments: 1 . Treasurer's Report, City of La Quinta 2 ATTACHMENT 1 4 X4 MEMORANDUM TO- La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for December 31, 2005 DATE: January 31, 2006 Attached is the Treasurer's Report for the month ending December 31, 2005. 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 Beqinning Purchased Notes Sold/Matured Other Ending Chan e Cash (3) $ 61,346 (1) $ (518,623) ($457,277) ($518,623) LAIF 19,559,320 3,750,000 (6,100,000) 17,209,320 (2,350,000) US Treasuries (2) 126,921,553 15,209,000 (2) (10,000,000) 69,614 132,200,167 5,278,614 US Gov't Sponsored Enterprises (2) 30,974,281 3,000,000 (2) (4,000,000) (136,724) 29,837,557 (1,136,724) Commercial Paper (2) - 0 0 Corporate Notes - 0 0 Mutual Funds 7,706,813 1 1,984,057 5,722,756 1,984,057 Total $ 185,223,313 $ 21,959,000 $ 22,602,680 $ 67,110 $ 184,512,523 $ 710,790 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. John M. Falconer to Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. 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S. Treasury Amortized Custodian - Availability Su lus . issuerrrype Value Bank of New York - Demand Yes U.S. Treasury Bill 8,882,199 Bank of New York - Demand Yes U.S. Treasury Bill 9.850,173 Bank of New York - Demand Yes U.S. Treasury Bill 4,917,296 Bank of New York - Demand Yes U.S. Treasury Bill 9,859,726 Bank of New York - Demand Yes U.S. Treasury Note 4,000,000 Bank of New York - Demand Yes U.S. Treasury Note 4,999,367 Bank of New York - Demand Yes U.S. Treasury Note 4,971,567 Bank of New York - Demand Yes U.S. Treasury Note 5,000,728 Bank of New York - Demand Yes . U.S. Treasury Note 4,982,227 Total - U.S. Treasury 57,463.283 U. S. Government Sponsored Enterprises Custodian - Availability Surplus IssuerfType Amortized Value _ Bank of New York - Demand Yes FHLB 4,963,815 Bank of New York - Demand Yes FHLB-Discount 2,874,182 Bank of New York - Demand Yes FHLB-Discount 1,999,511 Bank of New York - Demand Yes FHL Mortgage 7,506,367 Bank of New York - Demand Yes FNMA 5,014,478 Bank of New York - Demand Yes FHL Mortgage 2,519,283 Bank of New York - Demand Yes FARM CREDIT _4,959,921 Total - U.S. Government Securities 25,837,557 Local Agency Investment Fund Name - Availability Su lus Type Book LAIF - City -Demand Yes State Pool 13,541,583 LAIF - RDA - Demand Yes State Pool 3,667,737 Total - State Pool 17,209,320 Total City Investments Total City Cash & Investments Fiscal Agent Investments Surplus Surplus Yes Ad' Yes $ S 34,742 34,732 $ 34,732 $ $ 34,732 Surplus Surplus Yes Ad Yes 8,882,199 s; 8,882,199 9,850.173 9,850,173 4,917,296 4,917,296 9,859,726 9,859,726 4,000,000 4,000,000 4,999,367 4,999,367 4,971,567 4.971.567 5,000.728 5,000,728 4,982.227 J 4.982,227 57,463,283 57,463,283 Surplus Yes Ad' Surplus Yes 4,963,815 4,963,815 2,874,182 2,874,182 1,999,511 1,999,511 7,506,367 7,506,367 5,014.478 5,014,478 2,519,283 2,519,283 4,959,921 4,959,921 Surplus Surplus Yes Ad Yes 13,541,583 (1,717,312) 11,824,271 3,667,737 3,667,737 17,209,320 (1,717,312) 15,492,008 Surplus Surplus No Ad No $ (493,009) $ 1.717.312 $ 1,224,303 1,000 1,000 $ (492,009) $ 1,717.312 $ 1,225,303 Surplus No Ad' Surplus No All Funds Surplus Actual % Yes -0.2478 % 0.0169 All Funds Surplus Actual % Yes 31.1433 % 31.3515 % Surplus Surplus All Funds Surplus No Ad' No Actual % Y'es 16.17105% 1 162791/ i Surplus Surplus All Funds Surplus No Ate_ No Actual % _ Yes____ — _ 9,3269% 8 4523 % 104,510,160 104,510,160 1 (1,717,312) 102,792,848 56.6412% 56.0829% F104.052,8831 F 104,544,892 (1,717,312) 102,827,5801 (492,009)1 1,717,312 1 1,225,303 56.3934 % 58.1019% 1 Portfolio - City Investments Amortized Custodian - Availability Surplus Issuer/T e Value 2002 RDA U.S. Bank-CIP Yes U.S-Treasury Bill 10,010,906 2004 Finance Authority -CIP Yes U.S.Treasury Note 29,946,000 2004 Finance Authority -CIP Yes U.S.Treasury Bill 9,917,542 2004 Finance Authority -CIP Yes —U.S.Treasury Note 24,862.436 Total - U-S Treasury 1 1 74,736.884 Portfolio - Mutual Funds Trustee - Availability Su Ius Money Market Mutual Fund Book Value Civic Center U.S.Bank -Project YES 1st American Civic Center U.S.Bank - Debt Svc YES 1st American 176 1994 RDA U.S. Bank -Debt Svc YES 1st American - 1995 RDA U.S.Bank - CIP YES 1st American - 1995 RDA U.S.Bank - Special Fund YES 1st Amen an 2004 Fin Auth - 1995 US Bank - Escrow YES 1st American 1998 RDA U.S.Bank - CIP YES 1st American 1998 RDA U.S.Bank - Dbt Svc YES 1st American 1998 RDA U.S.Bank - Special Fund YES 1st American - 1998 RDA U.S.Bank - CIP YES 1st American 2001 RDA U.S. Bank - Dbt Svc YES 1st American 2001 RDA U.S. Bank - CIP YES 1st American 2002 RDA U.S. Bank - Dbt Svc YES 1st American 2002 RDA U.S. Bank - CIP YES 1st American 2,182,968 2003 Taxable RDA U.S. Bank - DS YES 1st American 2003 Taxable RDA U. S. Bank -COI YES 1st American 2003 Taxable RDA U S. Bank-CIP YES 1st American - 2004 Fin Auth US Bank - CIP YES 1st American 3,539,612 2004 Fin Auth US Bank - COI YES 1st American Subtotal - Mutual Fund 5,722,756 Surplus Surplus Yes Ad Yes 10, 010, 906 10, 010, 906 29,946,000 29,946,000 9,917.542 9.917,542 24,862,436 24,862,436 74,736,884 74,736,884 Surplus Yes Adj Surplus Yes 176 176 2,182,968 2,182,968 3,539,612 3,539,612 5,722,756 - 5,722,756 Surplus Surplus No Ad _ No Surplus Surplus No Al No All Funds Surplus 1 Actual % Yes 1 40%0 50540 7758 % Total Fiscal Agent Investments 80,459,640 80,459,640 80,459,640 43.6066% 43-8981 % 4 !� r Grand Total 184,512,523 165,004,532 (1,717,312) 183,287,220 1 (492,M)l 1,717,312 1,225,303 100.0000 % 100.0000 0 Q c U C (II c 1L � C i-w CO U U Q a) c Q a) E YJ N o a) E (D .• > Q N c o '- O M 00 > L J cu O E 0 0 0 C) 0 0 O O O O O O O O O O O O O 0 0 0 0 0 0 0 M 0 0 0 T b 00 T m N O O O O O O O O O O O O O M O CO T U-) O(AOOOD 0000000 MOAN I`N i OOOU7OO Q O N O C\ O UC) i 0000000 O O O (N U') d O Q NLO0(C) N O (D - U7 d Z lC) O M N T d N N O T co- T z 000 N N T � 00 T 6F? 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C C C 7 (n (n 0) N p 0) Q> Z. -O C C C 7 N N (n (0 0) O � C C C 7 v1 (n U) (v ,pn .. a � Q7 a C c c O d ,� l9 O C E E E N E E C (n _.>. f0 (0 (U E E C y _.>.C`` (� (0 l4 (>> tD (d .�.C`` (6 (6 (6 (n _.�- - co (0 (6 W W W W W W W W W 7 W W W W W W W W W I9 U C M � ~ f6 N N NL O 10 _0 � ~ (O O 0 O L tU 'o 'D � ~ N 4) y L 4) ~ (6 (U O a) L N -a - "O ~ @ O O O L .� tU -0 'O � ~ O N O L O J C) -0 N N N C O 16 N N N� 0 0 N N N C N (r3 N N N O N N N C O N N N O E O O N f4 (4 (D O cl, (Y 7 7 7 fu (0 (9 (Q O Cl) Q� 7 7 7 T (0 (D (D O C, a 7 7 7 (0 td (6 O n Q� 7 7 7 LL O Cl) Q� 7 7 7 2 m LL c9 (0 ( O O w 0 D 7 (L LL C C C x > = LL C C C X > Q LL C C C X > Q C C C X > Q C C C X > Q C C C x > Q U= Q Q Q (n Q J Q Q Q (n Q J Q Q Q (n Q J Q Q Q (n Q J Q Q Q U) _) Q Q Q U) Q J 11 i i I I i I �1 .1 1 `1 1 1 O I L I ------ --- - i i Cr L O o O U Lc) N .o 0 0 0 0 0 0 0 o O CD 75 u) 0 0 0 0 0 0 0 0 0 o Ln o LO o Ln o Ln o co co r- o O Z r— W M U) a� E U) LL 0-1 O m mz �C cn w v � N C O C X C Q (� C N E N C N mc C: a)co E U N > a� > o d Q 0 0 w w QQ 0 12 4 Z41�Q�rw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 21, 2006 BUSINESS SESSION: ITEM TITLE: Transmittal of Revenue and Expenditure Reports dated December 31, 2005 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Transmittal of the December 31, 2005 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, r 'John M. Falconer, Finance Director Approved for submission by: - '7 Thomas P. Genovese, City Manager Attachments: 1 . Revenue and Expenditures Report, December 31, 2005 2 ATTACHMENT 1 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2005 - 12/31/05 FUNDS BUDGET RECEIVED RECEIVED General $27,858,759.00 $11,540,328.77 41.40% Library 1,530,800.00 (981.94) -0.10% Gas Tax Revenue 583,800.00 394,789.23 67.60% Federal Assistance 517,307.00 306,663.69 59.30% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,700.00 100,321,87 99.60% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 201,142.00 180,714.93 89.80% Lighting & Landscaping 842,200.00 1,718.78 0.20% RCTC 2,056,829.00 209,290.26 10.20% Development Funding 180,000.00 0.00 0.00% Quimby 805,700.00 3,815,462.33 473.60% Infrastructure 600.00 10, 224.10 1704.00% Village Parking 0.00 0.00 0.00% South Coast Air Quality 42,200.00 23,432.22 55.50% Cmaq/Istea 50,597.00 0.00 0.00% Transportation 1,162,500.00 1,663,704.98 143.10% Parks & Recreation 446,000.00 421,122.61 94.40% Civic Center 256,000.00 299,979.05 117.20% Library Development 177,500.00 184,208.00 103.80% Community Center 54,600.00 82,864.81 151.80% Street Facility 48,000.00 30,318.43 63.20% Park Facility 12,000.00 5,799.30 48.30% Fire Protection Facility 74,500.00 86,868.00 116.60% Library Development (County) Facili 0.00 (0.46) 0.00% Arts In Public Places 105,100 00 169,209.14 161,00% Interest Allocation 0.00 (3,281.25) 0.00% Capital Improvement 73,517,806.00 12,485,829A0 17.00% Assessment District 2000-1 0.00 3,607.77 0.00% Equipment Replacement 397,000.00 365,365.06 92.00% Information Technology 443,000.00 435,888.27 98.40% Park Equipment & Facility 256,300.00 255,844.39 99.80% SilverRock Golf 3,720,155.00 887,093.47 23.80% SilverRock Golf 69,353.00 106.60 0.20% LQ Public Safety Officer 2,100.00 122.60 5.80% La Quinta Financing Authority 5,867,556.00 3,468,099.96 59.10% RDA Project Area No. 1 39,644,812.00 8,504,970,78 21.50% RDA Project Area No. 2 26,958,954.00 18,648,381.42 69.20% Total $187,984,970.00 $64,578,066.57 34.40% CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/0112005-12/31/05 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $29,326,298.00 $9,217,247,72 $138,173.46 $19,970,876.82 31A% Library 1,352,978.00 145,242.25 000 1,207,735.75 10 7 % Gas Tax 724,732.00 309,005.56 0.00 415,726.44 42.6% Federal Assistance 517,307.00 306,663.69 0.00 210,643.31 59.3% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 101,400.00 0.00 0.00 101,400.00 0.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Indian Gaming 201,142.00 37,338.85 0.00 163,803.15 18.6% Lighting & Landscaping 842,200.00 421,099.96 0.00 421,100.04 50.0% RCTC 2,056,829,00 194,570.26 000 1,862,258.74 9.5% Development Agreement 0.00 0.00 0.00 0.00 0.0% Quimby 645,133.00 161,30019 0.00 483,832.81 25.0% Infrastructure 721,353.00 226,285.65 0.00 495,067.35 31.4% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 26,600.00 4,85780 0.00 21,742.20 18.3% Cmaq/Istea 0.00 0.00 0.00 0.00 0.0% Transportation 7,322,318.00 2,168,418.88 0.00 5,153,899.12 29.6% Parks & Recreation 113,358.00 64,758.58 0.00 48,599.42 57.1% Civic Center 3,350,291.00 102,076.48 0.00 3,248,214.52 3.0% Library Development 0.00 38,713.13 0.00 (38,713.13) 0.0% 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% Fire Protection 0.00 17,312.45 0.00 (17,312.45) 0.0% Library County DIF 0.00 0.00 0.00 0.00 0.0% Arts In Public Places 514,978.00 24,428.92 0.00 490,549.08 4.7% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 73,517,806.00 12,485,829A0 51,034.10 60,980,942.50 17.0% Proposed Assessment Di 0.00 0.00 0.00 0.00 0.0% Equipment Replacement 1,082,585.00 99,218.89 42,947.09 940,419.02 9.2% Information Technology 634,043.00 79,896.13 0,00 554,146.87 12.6% Park Maintenance Facility 0.00 0.00 0.00 0.00 0.0% SilverRock Golf 4,255,518.00 2,027,460.74 0.00 2,228,057.26 47.6% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Auth 5,867,556.00 3,478,548.13 0.00 2,389,007.87 59.3% RDA Project Area No. 1 66,203,703.00 18,204,942.69 0.00 47,998,760.31 27.5% RDA Project Area No. 2 88,335,097.00 11,323,398A5 0.00 77,011,698.55 12.8% Total $287,713,332.00 $61,138,614.80 $232,154.65 $226,342,562.55 21.2% CITY OF LA QUINTA 07/01/2005 - 12/31/05• GENERAL FUND REVENUES DETAIL. REMAINING BUDGET RECEIVED BUDGET TAXES: Property Tax 1,167,900.00 534,580.70 633,319.30 No Low Property Tax Distribution 1,545,000.00 631,983.97 913,016.03 Sales Tax 5,256,000.00 2,436,055.72 2,819,944.28 Sales Tax Reimbursement 1,752,000.00 0.00 1,752,000.00 Document Transfer Tax 797,800.00 522,355.06 275,444.94 Transient Occupancy Tax 4,108,100.00 1,156,058.75 2,952,041.25 Transient Occupancy Tax - Mitigatioi 0.00 437,500.00 (437,500.00) Franchise Tax 916,200.00 184,609.09 731,590.91 TOTAL TAXES 15,543,000.00 5,903,143.29 9,639,856.71 LICENSE & PERMITS: Business License 274,100.00 105,301.90 168,798.10 Animal License 14,800.00 7,311.50 7,488.50 Building Permits 493,800.00 913,080.33 (419,280.33) Plumbing Permits 84,400.00 155,450.25 (71,050.25) Mechanical Permits 43,100.00 87,811.50 (44,711.50) Electrical Permits 85,000.00 130,613.51 (45,613.51) Garage Sale Permits 11,800.00 7,330.00 4,470.00 Misc. Permits 86,200.00 123 089.83 (36,889.83) TOTAL LICENSES & PERMITS 1,093,200.00 1,529,988.82 (436,788.82) FEES: Sale of Maps & Publications 13,200.00 2,771.00 10,429.00 Community Services Fees 264,500.00 169,705.86 94,794.14 Bldg & Safety Fees 377,100.00 561,852.50 (184,752.50) Community Development Fees 222,400.00 129,686.75 92,713.25 Public Works Fees 584,400.00 1,073,843.00 (489,443.00) TOTAL FEES 1,461,600.00 1,937,859.11 (476,259.11) INTERGOVERNMENTAL Motor Vehicle In -Lieu 1,726,200.00 87,962.44 1,638,237.56 Motor Vehicle Code Fines 94,000.00 35,262.54 58,737.46 Parking Violations 27,700.00 10,768.00 16,932.00 Misc. Fines 175,874.00 97,292.21 78,581.79 AB939 89,350.00 0.00 89,350.00 County of Riverside Grant 0.00 16,719.29 (16,719.29) State of California Grant 8,600.00 11,158.60 (2,558.60) Fire Services Credit 4,337,893.00 43,473.92 4,294,419.08 CSA152 Assessment 174,200.00 202 363.08 (28,163.08) TOTAL INTERGOVERNMENTAL 6,633,817.00 505,000.08 6,128,816.92 INTEREST 2,747,400.00 1,622,861.45 1,124,538.55 MISCELLANEOUS Miscellaneous Revenue 7,149.00 4,146.32 3,002.68 Other Mitigation Measures 0.00 0.00 0.00 Litigation settlement 0.00 0.00 0.00 Cash Over/(Short) 51.00 (9.15) 60.15 TOTAL MISCELLANEOUS 7,200.00 4,137,17 3,062.83 TRANSFER IN 372,542.00 37,338.85 335,203.15 TOTAL GENERAL FUND 27,858,759.00 11,540,328.77 16,318,430.23 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET LIBRARY: County of Riverside 1,527,800,00 0.00 1,527,800.00 Contributions 0.00 0.00 000 Interest 3,000.00 (981.94) 3,981.94 TOTAL LIBRARY 1,530,800.00 (981.94) 1,531,781.94 GAS TAX REVENUE: Section 2105 189,300.00 111,792,73 77,507.27 Section 2106 147,000.00 77,578.05 69,421.95 Section 2107 233,700.00 151,507.37 82,192.63 Section 2107.5 6,200.00 6,000.00 200.00 Traffic Congestion Relief 0.00 44,816.95 (44,816.95) Interest 7,600.00 3,094.13 4,505.87 TOTAL GAS TAX 583,800.00 394,789.23 189,010.77 FEDERAL ASSISTANCE REVENUE: CDBG Grant 517,307.00 306,663.69 210,643.31 Interest 0.00 0.00 0.00 TOTAL FEDERAL ASSISTANCE 517,307.00 306,663.69 210,643.31 URBAN FORESTRY Grant Revenue 1,100.00 0.00 1,100.00 Interest 0.00 0.00 0.00 TOTAL URBAN FORESTRY 1,100.00 0.00 1,100.00 SLESF(COPS)REVENUE: SLESF (Cops) Funding 100,000.00 100,000.00 0.00 Interest 700.00 321.87 378.13 TOTAL SLESF (COPS) 100,700.00 100,321 87 378.13 LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 0.00 0.00 0.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LLEBG 0.00 0.00 0.00 INDIAN GAMING Grant revenue 198,942,00 177,250.00 21,692,00 Interest 2,200.00 3,464.93 (1,264.93) TOTAL INDIAN GAMING 201,142.00 180,714.93 20,427.07 LIGHTING & LANDSCAPING REVENUE: Assessment 842,200.00 1,718.78 840,481.22 Developer 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL LIGHTING & LANDSCAPIN 842,200.00 1,718.78 840,481.22 RCTC RCTC Funding 2,056,829.00 209,290.26 1,847,538.74 Transfer in 0.00 0.00 0.00 TOTAL RCTC 2,056,829.00 209,290.26 1,847,538.74 DEVELOPMENT AGREEMENT FUND Mitigation Measures 180,000.00 0.00 180,000.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL DEV AGREEMENT 180,000.00 0.00 180,000.00 QUIMBY REVENUE: Quimby Fees 800,000.00 3,760,838.63 (2,960,838.63) Interest 5,700.00 54 623.70 (48,923.70) TOTAL QUIMBY 805,700.00 3,815,462.33 (3,009,762.33) INFRASTRUCTURE REVENUE: Utility refund 0.00 2,500.00 (2,500.00) Interest 600.00 7,724.10 (7,124.10) Transfer in 0.00 0.00 0.00 TOTAL INFRASTRUCTURE 600.00 10,224.10 (9,624.10) VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 TOTAL VILLAGE PARKING 0.00 0.00 000 0 CITY OF LA QUINTA REMAINING ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 39,900.00 21,608.83 18,291.17 MSRC Funding 0.00 0.00 000 Street Sweeping Grant 0,00 0.00 0.00 Interest 2,300.00 1,823.39 476.61 TOTAL SCAQ 42,200.00 23,432.22 18,767.78 CMAQ/ISTEA CMAQ/ISTEA Grant 50,597.00 0.00 50,597.00 Interest 0.00 0.00 0.00 TOTAL CMAQ/ISTEA 50,597.00 0.00 50,597.00 TRANSPORTATION Developer fees 1,096,200.00 1,581,671.54 (485,471.54) Interest 66,300.00 82,033.44 (15,733 44) Transfer in 0.00 0.00 0.00 TOTAL TRANSPORTATION 1,162,500.00 1,663,704.98 (501,204.98) PARKS & RECREATION Developer fees 446,000.00 418,670.00 27,330.00 Interest 0.00 2,452.61 (2,452.61) Transfer in 0.00 0.00 0.00 TOTAL PARKS & RECREATION 446,000.00 421,122.61 24,877.39 CIVIC CENTER Developer fees 256,000,00 273,315.60 (17,315.60) Interest 0.00 26,663.45 (26,663.45) Transfer in 0.00 0.00 0.00 TOTAL CIVIC CENTER 256,000.00 299,979.05 (43,979.05) LIBRARY DEVELOPMENT Developer fees 177,500.00 184,208.00 (6,708.00) Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 177,500.00 184,208.00 (6,708.00) COMMUNITY CENTER Developer fees 37,000.00 72,954.00 (35,954.00) Interest 17,600.00 9,910.81 7,689.19 TOTAL COMMUNITY CENTER 54,600.00 82,864,81 (28,264.81) STREET FACILITY Developer fees 44,100.00 28,029.47 16,070.53 Interest 3,900.00 2,288.96 1,611.04 TOTAL STREET FACILITY 48,000.00 30,318.43 17,681.57 PARK FACILITY Developer fees 11,000.00 5,237.00 5,763.00 Interest 1,000.00 562.30 437.70 TOTAL PARK FACILITY 12,000.00 5,799.30 6,200.70 FIRE PROTECTION FACILITY Developer fees 74,500.00 86,868.00 (12,368.00) Interest 0.00 0.00 0.00 TOTAL FIRE PROTECTION FACILI 74,500.00 86,868.00 (12,368.00) LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees D 0.00 0.00 0.00 Interest 0.00 (0.46) 0.46 TOTAL LIBRARY DEV (COUNTY) 0.00 (0.46) 0.46 ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 157,678.40 (60,178.40) Arts in Public Places Credits Applied 0.00 0.00 0.00 Interest 7,600.00 11 530.74 (3,930,74) TOTAL ARTS IN PUBLIC PLACES 105,100.00 169,209.14 (64,109.14) INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 (3,281.25) 3,281.25 Transfer In 0.00 0.00 0.00 TOTAL INTEREST ALLOCATION 0.00 (3,281.25) 3,281.25 } r 7 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD SB300 Funding RCTC S6821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE REMAINING BUDGET RECEIVED BUDGET 23.413,062.00 4,255,162.04 19,157,899.96 848,479.00 0.00 848,479.00 0.00 0.00 0.00 472,800.00 19,170.00 453,630.00 2,847,122.00 0.00 2,847,122.00 82,656,00 0.00 82,656.00 000 0.00 0.00 0.00 0.00 0.00 52,887 00 62,991.00 (10,104.00) 373,575.00 000 373,575,00 0.00 0.00 0.00 306,250.00 0.00 306,250.00 0.00 0.00 0.00 45,120,975.00 8,148,506.36 36,972,468.64 73,517,806.00 12,485,829.40 61,031,976.60 ASSESSMENT DISTRICT 2000-1 Interest 0.00 3,607.77 (3,607.77) Assessment Bond Proceeds 0.00 0.00 0.00 Prepayments -sewer assessments 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL ASSESSMENT DISTRICT 0.00 3,607.77 (3,607.77) EQUIPMENT REPLACEMENT FUND: Equipment Charges 331,300.00 331,312.00 (12.00) Capital Contribution 0.00 0.00 0.00 Sale of Fixed Asset 0.00 0.00 0.00 Insurance Recoveries 0.00 0.00 0.00 Interest 65,700.00 34,053.06 31,646.94 Transfers In 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEME 397,000.00 365,365.06 31,634.94 INFORMATION TECHNOLOGY FUND: Charges for services 426,000.00 426,018.00 (18,00) Capital Contribution 0.00 &00 0.00 Sale of Fixed Asset 0.00 0.00 0.00 Interest 17,000.00 9,870.27 7,129.73 Transfers In 0.00 0.00 0.00 TOTAL INFORMATION TECHNOL( 443,000.00 435,888.27 7,111.73 PARK EQUIPMENT & FACILITY Charges for services 250,000.00 250,000.00 0.00 Interest 6,300.00 5,844.39 455.61 Capital Contributions 0.00 0.00 0.00 TOTAL PARK EQUIPMENT & FAC 256,300.00 255,844.39 455.61 SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 3,175,395.00 649,992.98 2,525,402.02 34,470.00 13,881.00 20,589.00 52,500.00 13,525.00 38,975.00 245,790.00 89,694.49 156,095.51 12,000.00 0.00 12,000.00 0.00 0.00 0.00 200,000.00 120,000.00 80,000.00 3,720,155.00 887,093.47 2,833,061.53 0.00 106.60 (106.60) 69,353.00 0.00 69,353.00 69,353.00 106.60 69,246.40 2,000.00 0.00 2,000.00 100.00 122.60 (22.60) 2,100.00 122.60 1,977.40 07101/2005 - 12/31/05 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE: 779,903.00 341,788.48 0.00 438,114 52 CITY MANAGER'S OFFICE 1,086,429.00 447,062.77 0.00 639,366.23 ECONOMIC DEVELOPMENT 1,195,868.00 641,629.12 0.00 554,238.88 PERSONNEL/RISK MGT 971,909.00 517,871.74 0.00 454,037.26 TOTAL GENERAL GOVERNMENT 4,034,109.00 1,948,352.11 0.00 2,085,756.89 CITY CLERK 530,379.00 256,321.76 0.00 274,057.24 TOTAL CITY CLERK 530,379.00 256,321.76 0.00 274.057.24 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 1,009,119.00 382,603.00 5,584.48 620,931.52 SENIOR CENTER 372,661.00 155,641.03 0.00 217,019.97 PARKS & RECREATION PROGRAMS 190,182.00 83,198.55 0.00 106,983.45 LIBRARY 843,605.00 117,506.94 0.00 726,098.06 TOTAL COMMUNITY SERVICES 2,415,567.00 738,949.52 5,584.48 1,671,033.00 FINANCE: FISCAL SERVICES 749,178.00 359,314.34 0.00 389,863.66 CENTRAL SERVICES 480,682.00 249,545.70 68,521.89 162,614.41 TOTAL FINANCE 1,229,860.00 608,860.04 68,521.89 552,478.07 BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 343,081.00 164,728.61 0.00 178.352.39 BUILDING 951,179.00 641,080.25 &00 310,098.75 CODE COMPLIANCE 660,374.00 281,590.05 0.00 378,783.95 ANIMAL CONTROL 395,986.00 134,937.06 0.00 261,048.94 CIVIC CENTER BUILDING -OPERATIONS 1,024,190.00 704,309.79 0.00 319,880.21 TOTAL BUILDING & SAFETY 3,374,810.00 1,926,645.76 0.00 1,448,164.24 PUBLIC SAFETY: POLICE SERVICES 7,988,288.00 1,293,595.98 52,148.50 6,642,543.52 FIRE 4,428,480.00 99,371.45 0.00 4,329,108.55 EMERGENCY SERVICES 33,650.00 11,055.19 0.00 22,594.81 TOTAL PUBLIC SAFETY 12,450,418.00 1,404,022.62 52,148.50 10,994,246.88 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN CURRENT PLANNING TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION DEVELOPMENT & TRAFFIC MAINT/OPERATIONS - STREETS MAINT/OPERATIONS - LTG/LANDSCAPING MAINT/OPERATIONS - PARK MAINTENANCE CONSTRUCTION MANAGEMENT TOTAL PUBLIC WORKS TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 844,638.00 317,360.74 0.00 527,277.26 750,389.00 198,626.92 0.00 551,762.08 1,595,027.00 515,987.66 0.00 1,079,039.34 (389,171.00) 315,854.00 152,592.60 518.59 162,742.81 1,206,213.00 668,166.48 11,400.00 526,646.52 1,330,424.00 522,869.47 0.00 807,554.53 1,938,880.00 744,434.59 0.00 1,194,445.41 1,079,651.00 582,493.61 0.00 497,157.39 661,417.00 341,998.23 0.00 319,418.77 6,532,439.00 3,012,554.98 11,918.59 3,118,794.43 2,042,645.00 563,624.75 0.00 1,479,020.25 (4,878,956.00) (1,758,071.48) 0.00 (3,120,884.52) 29,326,298.00 9,217,247.72 138,173.46 19,970,876.82 aw CITY OF LA QUINTA 07/01/2005 - 12/31/05 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 843,605.00 93,927.04 0.00 749,677.96 TRANSFER OUT 509,373.00 51,315.21 0.00 458,057.79 TOTAL LIBRARY FUND 1,352,978.00 145,242.25 0.00 1,207,735.75 GAS TAX REIMBURSE GENERAL FUND 583,800.00 291,900.00 0.00 291,900.00 TRANSFER OUT 140,932.00 17,105.56 0.00 123,826.44 TOTAL GAS TAX FUND 724,732.00 309,005.56 0.00 415,726.44 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 517,307.00 306,663.69 0.00 210,643.31 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 0.00 0.00 0.00 SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 101,400.00 0.00 0.00 101,400.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 201,142.00 37,338.85 0.00 163,803.15 TOTAL INDIAN GAMING FUND 201,142.00 37,338.85 0.00 163,803.15 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 842,200.00 421,099.96 0.00 421,100.04 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 842,200.00 421,099.96 0.00 421,100.04 RCTC TRANSFER OUT 2,056,829.00 194,570.26 0.00 1,862,258.74 TOTAL RCTC 2,056,829.00 194,570.26 0.00 1,862,258.74 DEVELOPMENT AGREEMENT FUND REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL DEV AGREEMENT FUND 0.00 0.00 0.00 0.00 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 645,133.00 161,300.19 0.00 483,832.81 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 721,353.00 226,285.65 0.00 495,067.35 TOTAL INFRASTRUCTURE 721,353.00 226,285.65 0.00 495,067.35 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 4,857.80 0.00 21,742.20 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SOUTH COAST AIR QUALITY 26,600.00 4,857.80 0.00 21,742.20 CMAQ/ISTEA TRANSFER OUT TOTAL CMAQ/ISTEA FUND 0.00 0.00 0.00 0.00 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 7,322,318.00 2,168,418.88 0.00 5,153,899.12 TOTAL TRANSPORTATION 7,322,318.00 2,168,418.88 0.00 5,153,899.12 PARKS & RECREATION INTEREST ON ADVANCE 0.00 51,648.58 0.00 (51,648.58) TRANSFER OUT 113,35&00 13,110.00 0.00 100,248.00 TOTAL PARKS & RECREATION 113,358.00 64,758.58 0.00 48,599.42 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0,00 0.00 REIMBURSE GENERAL FUND 204,173.00 102,076.48 0.00 102,096.52 TRANSFER OUT 3,146,118.00 0.00 0.00 3,146,118.00 TOTAL CIVIC CENTER 3,350.291.00 102,076.48 0.00 3,248,214.52 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 0.00 38,713.13 0.00 (38,713.13) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 0.00 38,713.13 0.00 (38,713.13) 10 CITY OF LA QUINTA 07/01/2005 - 12/31/05 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION INTEREST ON ADVANCE 0.00 17,312A5 0.00 (17,312.45) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 0.00 17.312.45 0.00 (17,312.45) LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY COUNTY DIF 0.00 0.00 0.00 0.00 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 0.00 0.00 3,500.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 282,758.00 24,428.92 0.00 258,329.08 TRANSFER OUT 226,920.00 0.00 0.00 226,920.00 TOTAL ART IN PUBLIC PLACES 514,978.00 24,428.92 0.00 490,549.08 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 72,486,328.00 12,323,611.40 51,034.10 60,111,682.50 PROJECT REIMBURSEMENTS TO GEN FUND 1,031,478.00 162,218.00 0.00 869,260.00 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 73,517,806.00 12,485,829.40 51,034.10 60,980,942.50 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL AD 2000-1 0.00 0.00 0.00 0.00 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 425,585.00 99,218.89 42,947,09 283,419.02 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,082,585.00 99,218.89 42,947.09 940,419.02 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 634,043.00 79,896.13 0.00 554,146.87 TOTAL_ INFORMATION TECHNOLOGY FUND 634,043.00 79,896.13 0.00 554,146.87 PARK MAINTENANCE FACILITY OPERATING EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK MAINTENANCE FAC 0.00 0.00 0.00 0.00 SILVERROCK GOLF OPERATING EXPENSES 4,186,165.00 2,027,460.74 0.00 2,158,704.26 TRANSFER OUT 69,353.00 0.00 0.00 69,353.00 TOTAL SILVERROCK GOLF 4,255,518.00 2,027,460.74 0.00 2,228,057.26 SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE 0.00 0.00 0.00 0.00 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 11 F T'•'�� AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 21, 2006 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision CONSENT CALENDAR: Improvement Agreement for Tract Map No. 32201, STUDY SESSION: Desert Shells Estates, Choice Enterprise Real Estate and Investment Co., Inc. PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32201, Desert Shells Estates, Choice Enterprise Real Estate and Investment Co., Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32201 is located north of Avenue 60 and west of Madison Street (Attachment 1) . This residential development will consist of 24 lots on approximately 7.8 acres (Attachment 2). On July 20, 2004, the City Council approved Tentative Tract Map No. 32201. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the developer has executed the SIA (Attachment 3) but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. City staff has prepared a Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt, within 30 days (March 23, 2006), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures (except the City Clerk) and the associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32201, Desert Shells Estates, Choice Enterprise Real Estate and Investment Co., Inc.; or 2. Do not Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32201, Desert Shells Estates, Choice Enterprise Real Estate and Investment Co., Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, k Timothy R. T01 as:T' P.E. Public Work --hire 'or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 113 RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 32201, DESERT SHELLS ESTATES, CHOICE ENTERPRISE REAL ESTATE AND INVESTMENT CO., INC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. 3 Resolution No. 2006- Tract Map No. 32201, Desert Shells Estates Adopted: February 21, 2006 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 32201 is conditionally approved provided the subdivider submits all required items on or before March 23, 2006. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on March 23, 2006. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval 29 Resolution No. 2006- Tract Map No. 32201, Desert Shells Estates Adopted: February 21, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of February 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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"1w .-»j. h�OOO hb. ♦ hO+�OwaO+^.+h hOO OOO ��71 h�1♦af�,ba\ Dpp,,O h'1 hao a. b q0� h`1 ♦ h•O a. aO w0� h1♦ •nb�-Ow^per h'1. h•o^ dq V�'�'a•aU V V V V uV V V IUUU VU V U��UI'i C~i l�4l~i C~i�UU�i ^UU V U V l♦iUt♦i a♦.au •al O ao O 2 ►r r[ r v oor 2.tr,9f.00N "s^4oentio�•�ry �Z W W i W i a.. 3t W%r x k a., v r bao'�•o1b'�b.owwq � tnr:�ywa.rpp�.. ln�rpp-ppr Y)1'a tv h O b O b h 0 0 0 h h Nv t t L t t t >_ t at t i t J ZIYh'i 1 anb <u 2C a0 J O b O• � h ca b g }•a �O 2� ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32201 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between Choice Enterprise Real Estate and Investment Co., Inc, a California Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 32201 (the 'Tract') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements.. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including ._ reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 10 CA)oaxnents and SaWngslUseAW Documents%OFFS[TE_SIAIOFFSITE_Stkdoc 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 11 CADocumr s and SettogAUserWy Doaxnents%OFFSfrE_SLMOFFSrrE_SUldoc 2 of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner. 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 12 C:\Doaxnents and SettingslUserWy DoaxnentslOFFSITE_SWIOFFSrrE_SlAdoc 3 of 7 security, shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quints Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 13 CADocumeMs and Set ings\User\My Doctxnerrts\OFFSfTE_SIA\OFFSrTE_SLkdoc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices �. hereunder by notice to the other given in the manner provided in this subparagraph. , 0.4 B. The terms„ conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 14 CADoaxnents and SettingslUserVft Documents%OFFSrrE_SIA%OFFSfrE_SIA.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92247 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Date Subdivider Address: Mr. David Saccullo Choice Enterprise Real Estate and Investment Co., Inc. 74-923 Hwy 111; Ste 14 Indian Wells, CA 92210 By: All, � / ^ Date Title: two By: Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date Date 15 CADocuments and Settings\UserWy Documents\OFFSrrE_SIAIOFFSITE_SLokdoc 6 of 7 ALL-PURPOSE ACKNOWLEDIGMENT • -omomw•"INE►•i•-10000-• • -aglow •!•i•!•�10now••-01001w• i•i•i•i• �1►• • State of California. i County of ,� _L�t �� SS. • • On Lc-)DSO before me, • (DA' ) _ (NOTARY) • personally appeared SIGNER(S) • • ❑ personally known to me - OR- C�proved to me on the basis of satisfactory ' evidence to be the person( whose name( • is/ate subscribed to the within instrument and ' acknowledged to me that he/slae4hey executed • the same in his/lig4t4ie7ir authorized ' capacity(i-e-s-), and that by his/ • signature() on the instrument the person(p, ' • or the entity upon behalf of which the • person( acted, executed the instrument. • r KATW SLOAN • U cotvtm. # , �cx�30o 3 • NOTARY 'Uc ! ' CALIFORNIA • RiVERSiF;�E COUNTY WITNESS my hand and official seal. • ' COMM. EXE'. FED. l 1, U07"a r-- r 2� N TARY'S SIGNATURE innimmi OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE O TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES • ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ' ❑ OTHER: ' ' OT ' • m • ' RIGHT THUMBPRINT s I • SIGNER IS REPRESE ING: OF • 'NAME OF PERSONS) OR ENT (IES) SIGNER Y L o • APA 5/97 VALLEY -SIERRA, 800-362-3369 y 16 y Exhibit A OFF -SITE SECURITY — TRACT MAP NO.32201 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements $ 89,958 $ 89,958 Water Improvements $ 6,169 $ _ Sewer Improvements (w / 50% 12"Line) $ 19,889 $ _ Meandering Sidewalk (8ft) $ 10,000 $ 10,000 Perimeter Wall $ 8,372 $ _ Landscaping $ 47,670 $ 47,670 Totals $ 182,060 $ 147,628 Standard 10% Contingency $ 18,210 $ 14,763 Total Construction Cost $ 200,270 $ 162,391 Professional Fees, Design 3 and 5% $ 6,010 $ 8,120 Professional Fees, Const 10% $ 20,027 $ 16,239 Bond Amount $ 226,307 $ 186,750 17 C:1Documents and Set ingslUserft Documents\OFFSrrE_SIAIOFFSIrE_SIA doc 7 of 7 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32201 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between Choice Enterprise Real Estate and Investment Co., Inc a California Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 32201 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured b each of the performance security, ° pa g y p ty, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including 18 C:1Documents and Set ingsWsw" Doaxnerrts%OFFSfTE_SIA%ONSITE_SUldoc 1 of 7 reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract 19 map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid C:0oa ffwft end SeftWW Userft Doaxnerts\OFFSrrE_SIA%ONSITE_SUldoc 2 of 7 separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of. 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final 20 acceptance or approval by the City Council of all Tract Improvements. However, if at the end CADocuffw is and Settings\UserW/y Documents\OFFSrrE_SIA%ONSITE_SIA.doc 3 of 7 of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure.. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the , Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required 21 C:VDoaiments and Se4hrgsVJserWly Documents%OFFSITE_SWWNSITE_SLkdoc 4 of 7 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severabili . In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions, A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. ti Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. 22 CADocamients and Settings\Uswft Dooewrits\OFFSrrE_SIA\ONSITE_SLkdoc 5 of 7 B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Mr. David Saccullo Choice Enterprise Real Estate and Investment Co., Inc. 74-923 Hwy 111; Ste 14 Indian Wells, CA 92210 / _ Date Title: O �//j% e G By: Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date Date 23 C:Ooamw is and Settings%User\My Docxxnents\OFFSfrE_SW\ONSITE_SVldoc 6 of 7 ALL-PURPOSE ACKNOWLEMMENT F. �•�!►•�•�►• r►•-�►••.f•!•!••�•�• �•.�►•.�••�• �.. State of California County of - k C SS. ' On before me,� ' • (DAT c- (NOTA Y) • personally appeared��;, i SIGNER(S) o i ❑ personally known to me - OR- improved to me on the basis of satisfactory ' • evidence to be the person) whose namels) ' is/aye subscribed to the within instrument and ' • acknowledged to me that he/she{,' executed • ' the same in his/la4444-e-ir authorized ' • capacity(ie_., and that by his/h-e - it • signature( on the instrument the person(), or the entity upon behalf of which the ' KATHY person( acted, executed the instrument. SLOAN 3 V CO W A. * 14,00300 • (� NOTARY PUBLIC-CALIPORNAG) RIVERS1LE '0,'JNTy 0 •I. COMM. ©ch. rtB. 11, -M7-&, WITNESS my hand and official seal. • NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) DESCRIPTION OF ATTACHED DOCUMENT TITLE OJerYPE OF DOCUMENT NUMBER OF PAGES • ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ' ❑ OTHER: ' OTHER7Z ' 'RIGHT THUMBP T L • SIGNER IS REPRESENTING: OF NAME OF PERSON(S) OR ENTITY(IES) E • ' SIGNER I 0 1►' • o •,, ,' •.�►•�•i•i•.0NOW•0.010=W••.MEN-•!•-0!• i0"'Islow01►-mono-*�I►• APA 5/97 VALLEY -SIERRA, 800-362-3369 24 Exhibit A ON -SITE SECURITY — TRACT MAP NO.32201 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act~ As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (RG bonded) $ 4,341 $ - Street Improvements $ 54,578 $ 54,578 Storm Drain Improvements $ 3,756 $ - Water Improvements $ 4,421 $ - Sewer Improvements $ 4,278 $ - Electric Improvements $ 6,000 $ - Monumentation $ 7,500 Totals $ 84,874 $ 54,578 Standard 10% Contingency $ 8,490 $ 5,460 Total Construction Cost $ 93,364 $ 60,038 Professional Fees, Design 3 and 5% $ 2,801 $ 3,000 Professional Fees, Const 10% $ 9,340 $ 6,000 Bond Amount $ 105,505 $ 69,038 1P' 25 CADocuments and SettiNMUsefft Documents\OFFSrrE_SIAIONSITE_SIA.doc 7 of 7 COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Approval of Contract Change Order No. 5 for Project No. 2003-09, Washington Street Median Improvements (From Avenue 48 to Avenue 50) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order (CCO) No. 5 in the amount of $62,612 for the repair of the failing asphalt surface at Washington Street and Fred Waring Drive. FISCAL IMPLICATIONS: None. This repair shall be made utilizing the Street Maintenance Contract Services Account No. 101-7003-431 .34-04. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 5, 2005, City Council approved the Plans, Specifications & Engineer's Estimate and authorized staff to advertise for bid the Washington Street Median Improvements, Project No. 2003-09. On May 4, 2005, two sealed bids were received for the construction of this project. Dateland Construction Company Inc. submitted the lowest responsive bid. On June 21, 2005, the City Council awarded a contract in the amount of $1 ,41 6,834 to Dateland Construction Company Inc. to construct the Washington Street Median Improvements, Project No. 2003-09. Over a period of years truck traffic has caused the AC pavement at the intersection of Fred Waring Drive and Washington Street to rut to the point that it is a safety concern. Since the repair required is similar to a portion of the scope of work performed by the Washington Street Median Improvement's contractor, staff recommends that this repair be added to the contract as a CCO to the Washington Street Median Improvements Project. Dateland Construction Co. provided a quote of $49,032 for repairing approximately 3,360 sf of paving, including installing 8 new traffic loops. An additional $13,560 would be required to perform the work at night for a total cost of $62,592. Staff recommends the repair be performed at night due to the volume of traffic and the location of the repair. The Street Maintenance Contract Services Account will provide funding for the repair. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Contract Change Order No. 5 in the amount of $62,592 for the repair of the failing asphalt surface at Washington Street and Fred Waring Drive; or 2. Do not approve Contract Change Order No. 5 in the amount of $62,592 for the repair of the failing asphalt surface at Washington Street and Fred Waring Drive; or 3. Provide staff with alternative direction. Respectfully submitted, i ,..•c..- 4 v� v _� L � '"E.=`� yr 4 �► L `Timothy R)Jono�son, P.E. Public Works Director/City Engineer Approved for submission by: '1 Thomas P. Genovese, City Manager Attachment: 1 . Contract Change Order No. 5 2 ATTACHMENT 1 0� �z % . 44 .cO.y 9ti5 OF r CONTRACT: Dateland Construction Co. CONTRACTOR: 50-305 Highway 111 Coachella, CA 92236 Sheet 1 of 2 PROJECT NO. 2003-09 Washington Street Medians (Avenue 48 to Avenue 50) CONTRACT CHANGE ORDER NO. 5 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for the grind and overlay of the failing asphalt roadway at the intersection of Washington Street and Fred Waring Drive. Amount $ 62,592.00 Previous Contract Amount Through Change Order No. 4 $ 1,501,812.14 Add This Change Order No. 5 $ 62 592.00 Revised Contract Total $1,564,404.14 By reason of this contract change order the time of completion shall be adjusted accordingly as required for completion. Submitted By: Approved By: Date: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all mat,�rials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby acce a�ifull payAr ent the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By Title:o �Gc Contractor: CC-4— 0Date: 0�6 3 T:\PWDEPT\PROJECTS'2 CONSTRUCTION\2003-09 WASHINGTON MEDIAN & LANDSCAPE\CONSTRUCTION\PROGRESS BILLINGS & CCO'S\CCO #5.DOC T-474f 4 aCP COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Approval of a Classification Change of a Senior Office Assistant to an Office Assistant RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the classification change of the Senior Center Office Assistant to an Office Assistant. FISCAL IMPLICATIONS: The Senior Center Office Assistant position is currently funded in the 2005/06 budget. The current monthly salary range for the position is Range 32 ($2,272- $2,782 per month). It is proposed that the salary be increased by 10% to Range 36 ($2,505- $3,045 per month). The required funds for the proposed salary increase will come from salary savings. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Community Services Department has requested the classification change of the Senior Center Office Assistant to Office Assistant. The job descriptions are included as Attachments 1 and 2, respectively. The 2005/06 budget for the Community Services Department includes funding for a Senior Center Office Assistant. The Department would like to incorporate the job duties of the Senior Center Office Assistant into the Office Assistant job description. Both of these positions have similar job duties. The incorporation of these job duties under one job description would provide management with greater flexibility in rotating staff between the Senior Center and City Hall as demands require. The incorporation of the job duties under one p � 3 job description will allow the City to eliminate the Senior Center Office Assistant job description frorn the classification plan. The current staffing arrangement would include an Office Assistant at City Hall and one at the Senior Center. The Senior Center Office Assistant is currently vacant. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the classification change of the Senior Center Office Assistant to an Office Assistant; or 2. Do not approve the classification change of the Senior Center Assistant job to an Office Assistant; or 3. Provide staff with alternative direction. Respectfully submitted, .., . . John Ruiz Personnel/R. k Manager Approved for submission by: .n Thomas P. Genovese, City Manager Attachment: 1 . Senior Center Office Assistant Job Description 2. Office Assistant Job Description 2 4a THE CITY i ATTACHMENT 1 SENIOR CENTER OFFICE ASSISTANT GENERAL STATEMENT OF JOB Under direct to general supervision, performs clerical tasks; acts as primary receptionist at the counter and on the phone; maintains accounting and office records; provides general information to the public. DISTINGUISHING CHARACTERISTICS Employees in this classification follow well-defined policies and procedures which can be learned readily by on-the-job training. After employees become familiar with particular procedures they may work with some independence. This job class requires accuracy and attention to details and the ability to deal tactfully and courteously with the public. REPORTS TO: Senior Center Supervisor. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. • Answers all incoming calls in a professional manner; locates individuals, takes messages if necessary; • Greets and gives directions or information to the general public; • Performs filing, duplicating and general clerical duties; types correspondence, reports, schedules, handouts and/or other assignments; makes copies of reports and forms; • Checks forms, records, and other materials for accuracy, completeness and conformance with established procedures; • Receives, sorts and distributes incoming mail; signs for packages and contacts appropriate person; • Assists in establishing and/or maintaining a filing and retrieval system for accounting files and records; • Assists in taking inventories of office supplies and may order supplies; tracks back ordered supplies; and reviews invoices for accuracy, resolving discrepancies as necessary; • Maintains records and files of budget revenues and expenditures, attendance, grant funding, and general office information; • Performs various related essential duties as required. 3 MINIMUM TRAINING AND EXPERIENCE High school graduation or equivalent; some clerical, management desirable; or any equivalent combination of which provides the required skills, knowledge and abilities. reception and records training and experience Certification or Licensing Requirements May require a valid Class C California Drivers License. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of. • receptionist techniques and communication skills; • typing, telephone procedures, use of standard office equipment; • proper English usage, grammar, punctuation; • practices, procedures, and activities of office including filing; • general office operations, functions, and procedures. Physical Requirements: • Ability to operate a variety of automated office machines including an adding machine, copier, postage machine, personal computer, typewriter and fax machine; • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including typing and collating papers; • Ability to exert light physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Mathematical Ability: Ability to add, subtract, multiply and divide. Judgment and Situational Reasoning Ability: • Ability to apply common sense understanding to perform semi - repetitive tasks such as typing, re -loading and fixing minor problems with the copier, fax, printer and computer; • Ability to use independent judgment in fairly routine situations, such as assisting customers with general information. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including messages, invoices, reports, checks, and meeting minutes; • Ability to prepare letters of correspondence, memos, transmittals, forms, and reports using prescribed format and conforming to all rules of punctuation, grammar, diction and style; 0. • Ability to comprehend a variety of reference books and manuals including dictionary, operations manuals for office equipment and phone directory; • Ability to communicate effectively with coworkers, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. October 1996 M-1 9 THE CT ATTACHMENT 2 OFFICE ASSISTANT GENERAL STATEMENT OF JOB Under direct to general supervision, performs clerical tasks; acts as primary receptionist at the counter and on the phone; provides general information to the public. DISTINGUISHING CHARACTERISTICS This job class is the entry level of the Clerical/Secretarial series. Employees in this classification follow well-defined policies and procedures which can be learned readily by on-the-job training. After employees become familiar with particular procedures they may work with some independence. This job class requires accuracy and attention to details and the ability to deal tactfully and courteously with the public. REPORTS TO: Executive Secretary or other appropriate City staff. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. • Answers all incoming calls in a professional manner; locates individuals, takes messages if necessary; • Greets and gives directions or information to the general public; • Performs filing, duplicating and general clerical duties; types correspondence, reports, minutes, handouts and/or other assignments using a word processing program; makes copies of reports and forms; • Checks forms, records, and other materials for accuracy, completeness and conformance with established procedures; • Receives, sorts and distributes incoming mail; signs for packages and contacts appropriate person; • Assists in establishing and/or maintaining a filing and retrieval system for interrelated files and records; • Assists in taking inventories of office supplies and may order supplies; tracks back ordered supplies; and reviews invoices for accuracy, resolving discrepancies as necessary; • Assists in a variety of functions such as mailing and publication of newsletter, and maintaining mailing lists of appropriate agencies and public officials; • May operate a central PABX telephone system; • Performs various related essential duties as required. 0 High school graduation or equivalent; some clerical, reception and typing experience desirable; proficiency in a word processing program desirable; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Certification or Licensing Requirements May require a valid Class C California Drivers License. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of: receptionist techniques and communication skills; typing, telephone procedures, use of standard office equipment; basic uses and capabilities of personal computers desirable; • proper English usage, grammar, punctuation; • practices, procedures, and activities of office including filing; • general office operations, functions, and procedures. Physical Requirements: • Ability to operate a variety of automated office machines including an adding machine, copier, postage machine, personal computer and peripheral equipment, typewriter and fax machine; • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including typing at 45 wpm from clear copy and collating papers; • Ability to exert light physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Mathematical Ability: • Ability to add, subtract, multiply and divide. Judgment and Situational Reasoning Ability: • Ability to apply common sense understanding to perform semi - repetitive tasks such as typing, re -loading and fixing minor problems with the copier, fax, printer and computer; • Ability to use independent judgment in fairly routine situations, such as assisting customers with general information. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including messages, invoices, reports, checks, and meeting minutes; • Ability to prepare letters of correspondence, memos, transmittals,. forms, and reports using prescribed format and conforming to all rules of punctuation, grammar, diction and style; 7 • Ability to comprehend a variety of reference books and manuals including dictionary, operations manuals for office equipment and phone directory; • Ability to communicate effectively with coworkers, members of the public, and other City personnel verbally and in writing. En vironmen tal A dap tabili ty: Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. October 1996 COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Approval of a Professional Services Agreement Extension with Bureau Veritas/Berryman & Henigar for On -Call Plan Check Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) extension for on -call plan check services with Bureau Veritas/Berryman & Henigar. FISCAL IMPLICATIONS: No significant fiscal impact is anticipated. Approval of the PSA continues to provide flexibility in plan check service assignments. Plan check fees are prepaid by development applicants. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The PSA extension provides savings resulting from improved contract management and process efficiencies implemented by Public Works for development plan reviews. The Public Works/Engineering Department continues to develop relationships with multiple plan check consulting firms. The City has relied on consulting firms to perform plan and map checking since the City's incorporation. Historically, Public Works on -call outside plan check was sole sourced to Berryman & Henigar. In 2005, a multi -firm consortium concept was developed to strengthen the City's map and plan check program. The consortium concept has helped the City maintain improved quality and improved turnaround times in map and plan checking. 10-, S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C9 Bureau Veritas Plan Check.doc The total average plan check time (from initial submittal to mylar approval) has been reduced by 45 % from 185 days in 2004 to 102 days in 2005. Public Works' Development Division processed approximately 1,336 plan sheets covering approximately 330 plan sets in 2005, an increase of 72% over 2003. On January 6, 2005, City Council approved the NAI Consulting plan check service contract. On April 19, 2005, the City Council approved the Bureau Veritas/Berryman & Henigar and NRO Engineering contracts. On July 19, 2005, the City Council approved the Boyle Engineering contract. In 2005, NAI Consulting and NRO Engineering have been the City's primary plan check consultants. NAI Consulting and NRO have strong local engineering knowledge and presence in the Coachella Valley. Bureau Veritas/Berryman & Henigar and Boyle Engineering have been directed by staff to perform reviews for specialized plans including complex drainage systems and structural bridge plan checks. Bureau Veritas/Berryman & Henigar and Boyle Engineering have larger offices of capable personnel and are more suited for specialized plan reviews. The City has also continued to expand in-house plan checks to further expedite development review and approval. Public Works staff now checks well over half of all submitted plans without use of subcontract consultants; however, the additional capacity and expertise afforded by consultant plan checking is advantageous to both the City and developer. Therefore, staff recommends extending this PSA with Bureau Veritas/Berryman & Henigar. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement extension for on -call plan check services with Bureau Veritas/Berryman & Henigar; or 2. Do not approve a Professional Services Agreement extension for on -call plan check services with Bureau Veritas/Berryman & Henigar; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. J ass , P.E. Public Works Director/ City Engineer S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C9 Bureau Veritas Plan Check.doc } 2 �, e Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bureau Veritas/Berryman & Henigar PSA Extension " !-, S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C9 Bureau Veritas Plan Check.doc 3 a `1 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT - EXTENSION 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 Bureau Veritas/Berryman & Henigar, Inc. (BV/BHI)) ("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 On Call Plan Check Services for Private Development Plans 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. T:APWDEPT\STAFF\GOBLE\CON"I'RAC'I'S SERVICE AGREEMENTS\BVBI11 PLAN CHECK 2006 EXTENSION.DOC Page I of 15 4 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. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation ), 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. "I-:APWDEP'I'\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK 2006 EXTENSION.DOC Page 2 of 15 5 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 "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 Madeure. 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, this Agreement Extension shall continue under the terms and conditions of the Extension in full force and effect until December 31, 2006. 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. Daljit Marwah, P.E. 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. T:APWDEPT\STAFF\GOBLE\CONTRACTS SERVICI; AGREEMENTS\BVBIII PLAN CHECK 2006 EXTENSION.DOC Page 3 oft5 6 4.2 Contract Officer. The Contract Officer shall be Paul Goble, 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 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 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. T:APWDEPT\STAFF\GOBLE\CONTRACI'S SERVICE AGREEMENTS\BVBIII PLAN CHECK 2006 EXTENSION.DOC Page 4 of 15 7 The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage 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 Consultant shall carry automobile liability insurance of $500,000 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 the City, its officers, employees, representatives and agents ("Indemnified Parties"), 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. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. I -,F 1 "f:APWDFP"I'\STAFF\GOBLE\CONTRACTS SERVICE AGRF.EMFN"fS\BVBHI PLAN CHECK 2006 EXTENSION.DOC Page 5 of I5 8 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: 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 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 T:APWDEPI'\SI'AFF\GOBLE\CON"I`RACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK 2006 EXTENSION.DOC Page 6 of 15 9 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. 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. r w, C\PWDEPT\S"I'AFF\GOBLE\CONTRACTS SERVICE AGRIiEMEN"I'S\BVBHI PLAN CHECK 2006 EXTENSION.DOC Page 7 of I> 10 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 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 "l":APWDEP"I'\S"I'AFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK 2006 F.XTENSION.DOC Page 8 of 15 11 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 MISCELLANEOUS PROVISIONS 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: To Consultant: CITY OF LA QUINTA BUREAU VERITAS/BERRYMAN & HENIGAR, INC. Attention: Paul Goble, Senior Engineer Attention: Daljit Marwah, P.E. P.O. Box 1504 2001 East First Street, Suite 240 78-495 Calle Tampico Santa Ana, California, 92705 La Quinta, California 92247-1504 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 Severabilit . 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 is 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. "I':APWDEPT\STAFF\GOBLE\CON"I'RAC"fS SERVICE AGREEMENTS\BVBHI PLAN CHECK 2006 FXTENSION.DOC Page 9 of 15 12 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: Date: June Greek, City Clerk APPROVED AS TO FORM: Date: M. Katherine Jenson, City Attorney CONSULTANT: Bureau Veritas/Berryman & Henigar, Inc. Date: T:APWDEPT\S"I'AFF\GO13LE\CONTRAC"I'S SERVICF AGREEMENTS\BVBHI PLAN CI IECK 2006 EXTENSION.DOC Page 10 of I5 13 Exhibit A Scope of Services Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to- - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. T:\I'WDEPT\STAFF\GOBLE\CONTRACI'S SERVICE AGREEMENTS\BVBHI PLAN CHECK 2006 EXTENSION.DOC Page I 1 oC 15 14 Exhibit B Schedule of Compensation Payment shall be made in full at a "fixed fee" rate of $600.00 per sheet based on the number of sheets submitted for plan check for title and detail sheets, street plans, storm drain plans, traffic plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale. Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans and Traffic Reports, shall be in made 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. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check 65% of the Total Plan Check Fee Second Plan Check 20% of the Total Plan Check Fee Third Plan Check 15% of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check. "1":APWDEPT\S"I'AFF\GOBLE\CON"I-RACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK 2006 EXTENSION.DOC Page 12 of 15 15 Exhibit C Schedule of Performance OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Plan Submittal 1 t Plan Check 2nd Plan Check 3`d Plan Check Plan Check Turn -Around (From Receipt from City Staff) 10 Working Days 7 Working Days 4 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1" and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1 S' Submittal Upon completing the 1" review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and Subsequent Submittals Upon receipt of the 2nd round plan check submittal from the applicant and upon completing the 2nd review, the Consultant shall submit "red lined" plans and a copy of the applicable 2nd review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2nd review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. 'f:APWDI:PT\STAFF\GOBLE\CONTRACTS SFRVICF AGRI:GMGNTS\BVBHI PLAN CHECK 2006 EXTENSION.DOC Page 13 of 15 16 The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. T:APWDEPT\S"I'AFF\GOBLE\CON'I'RAC"I'S SERVICE AGREEMENTS\BVBHI PLAN CHECK 2006 EXTENSION"DOC Page 14 of I-S 17 Exhibit D Special Requirements None. T:APWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BVBHI PLAN CHECK 2MM EXTENSION.DOC Page 15 of 15 18 COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Approval of a Professional Services Agreement Extension with NRO Engineering for On -Call Plan Check Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) extension with NRO Engineering for on -call plan check services. FISCAL IMPLICATIONS: No significant fiscal impact is anticipated. Approval of the PSA continues to provide flexibility in plan check service assignments. Plan check fees are prepaid by development applicants. CHARTER CITY IMPLICATIONS: BACKGROUND AND OVERVIEW: The PSA extension provides savings resulting from improved contract management and process efficiencies implemented by Public Works for development plan reviews. The Public Works/Engineering Department continues to develop relationships with multiple plan check consulting firms. The City has relied on consulting firms to perform plan and map checking since the City's incorporation. Historically, Public Works on -call outside plan check was sole sourced to Berryman & Henigar. In 2005, a multi -firm consortium concept was developed to strengthen the City's map and plan check program. The consortium concept has helped the City maintain improved quality and improved turnaround times in map and plan checking. The total average plan check time (from initial submittal to mylar approval) has been reduced by 45 % from 185 days in 2004 to 102 days in 2005. Public Works' Development Division processed approximately 1,336 plan sheets covering approximately 330 plan sets in 2005, an increase of 72% over 2003. On January 6, 2005, City Council approved the NAI Consulting plan check service contract. On April 19, 2005, the City Council approved the Bureau Veritas/Berryman & Henigar and NRO Engineering contracts. On July 19, 2005, the City Council approved the Boyle Engineering contract. In 2005, NAI Consulting and NRO Engineering have been the City's primary plan check consultants. NAI Consulting and NRO Engineering have strong local engineering knowledge and presence in the Coachella Valley. Bureau Veritas/Berryman & Henigar and Boyle Engineering have been directed by staff to perform reviews for specialized plans including complex drainage systems and structural bridge plan checks. Bureau Veritas/Berryman & Henigar and Boyle Engineering have larger offices of capable personnel and are more suited for specialized plan reviews. The City has also continued to expand in-house plan checks to further expedite development review and approval. Public Works staff now checks well over half of all submitted plans without use of subcontract consultants; however, the additional capacity and expertise afforded by consultant plan checking is advantageous to both the City and developer. Therefore, staff recommends extending this PSA with NRO Engineering. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a Professional Services Agreement extension with NRO Engineering for on -call plan check services; or 2. Do not approve a Professional Services Agreement extension with NRO Engineering for on -call plan check services; or 3. Provide staff with alternative direction. Respectfully submitted, ",4N� Tiynothy�R.. o assp P.E. Public Works Director/ City Engineer S:\CityMgr\STAFF REPORTS 0NLY\2-21-06\C10 NRO Plan Check.doc 2 .� Sri Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . NRO Engineering PSA Extension S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C10 NRO Plan Check.doc 3 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT - EXTENSION 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 NRO Engineering (NRO) ("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 On Call Plan Check Services for Private Development Plans 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. "h:APWIDEFT\STAFF\GOBLE\CONTRAC"CS SERVICE AGREEMENTS\NRO PLAN CHECK 2006 IATFNS[ON.DOC Page I oC 15 4 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. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation ), 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. "I':APWDEPT\STAFF\GOBLF\CONTRACTS SERVICE AGREI?MENTS\NRO PLAN CHECK 2006 EXTENSION.DOC Page 2 of 15 5 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 "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 Maueure. 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, this Agreement Extension shall continue under the terms and conditions of the Extension in full force and effect until December 31, 2006. 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. Noel Owsley, P.E. 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. 1':APWDEP'1\STAFF\GOBLL\CONTRACTS SERVICI; AGRFFMLNI-S\NRO PLAN CHECK 2006 LXTENSION.DOC Page 3 of' 15 6 4.2 Contract Officer. The Contract Officer shall be Paul Goble, 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 CCooperation. 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. F:APWDEPT\STAFFGOB LE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK 2006 EXTENSION.DOC Page a of 15 7 The amount of insurance required hereunder shall be determined by the Contract sum in accordance with the following table: Contract Sum Personal Injurv/Property Damage Coverage 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 Consultant shall carry automobile liability insurance of $500,000 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 the City, its officers, employees, representatives and agents ("Indemnified Parties"), 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. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. "1":APWDIa "I-\STAFF\GOBLF\CON'I'RAC'►'S SI-RVICE AGRFEMFNTSWRO PLAN CHECK 2006 FXI'FNS10N.D0C Pagc 5 of' 15 8 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: 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 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 "1`.APWDEP"1'\STAFF\GOBLE\CON"TRACTS SERVICF AGREEMENTS\NRO PLAN C11ECK 2006 EXTENSION.DOC Page 6 of 15 9 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. 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.- « "I':APWDEP"1'\S7'AFF\GOBLE\CONNI'RACTS SERVICE AGRF,FMFNTS\NRO PLAN C11ECK 2006 LXTENSION.DOC Page 7 of 15 10 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 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 I':APWDEPT\S'I'AFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CI IECK 2006 EXTENSION.DOC Page 8 of' 15 11 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 MISCELLANEOUS PROVISIONS 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: Paul Goble, Senior Engineer P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 To Consultant: NRO ENGINEERING Attention: Noel Owsley, P.E. 41-945 Boardwalk, Suite H Palm Desert, California, 92211 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 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which is 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. 'C:APWDEPT\STAFF\GOBLE\CON'I'RAC'FS SERVICE AGREEMENTS\NRO PLAN CHECK 2006 EXTENSION.DOC Page 9 of 15 12 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: Date: June Greek, City Clerk APPROVED AS TO FORM: Date: M. Katherine Jenson, City Attorney CONSULTANT: NRO Engineering Date: ?_' i\,0' Oy- Noel Owsley, P,E-' 41-945 Boardwalk, Suite H Palm Desert, California 92211 (760) 346-3250 T:APWDEPT\STAFF`.GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK 2006 EXTENSION.DOC Page 10 of 15 13 Exhibit A Scope of Services Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to- - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. T:APWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK 2006 EXTENSION.DOC Page I I of IS 14 Exhibit B Schedule of Compensation Payment shall be made in full at a "fixed fee" rate of: $ 525.00 per sheet (submittals with 1-5 sheets in quantity) $ 525.00 per sheet (submittals with 6-15 sheets in quantity) $ 525.00 per sheet (submittals with 16 or more sheets in quantity) Sheet counts are based on the number of sheets submitted for plan check. Sheets may include title and detail sheets, street plans, storm drain plans, traffic plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale. Grading plans at 20 feet per inch scale or lower will be charged at $600.00 per sheet. Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans and Traffic Reports, shall be in made 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. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check 65% of the Total Plan Check Fee Second Plan Check 20% of the Total Plan Check Fee Third Plan Check 15% of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check. The Consultant shall separately invoice per plan. No exceptions will be allowed to the payment schedule. T:APWDEPT\S"I'AFF\GOBLE\CON'FRAC"I'S SERVICE AGREEMENTS\N'RO PLAN CHECK 2006 EXTENSION.DOC Page 12 oC I5 15 Exhibit C Schedule of Performance OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Plan Submittal 1 S' Plan Check 2nd Plan Check 3`d Plan Check Plan Check Turn -Around (From Receipt from City Staff) 10 Working Days 5 Working Days 2 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1 s' and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1 s' Submittal Upon completing the 1" review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and Subseguent Submittals Upon receipt of the 2nd round plan check submittal from the applicant and upon completing the 2nd review, the Consultant shall submit "red lined" plans and a copy of the applicable 2nd review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2nd review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. T:APWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NRO PLAN CHECK 2006 EXTENSION.DOC Page 13 of 15 16 The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. T:APWDEP"T\STAFF\GOBLE\CONI'RACI"S SERVICE AGREEMENTS\NRO PLAN CHECK 2006 EXTENSION.DOC Page 14 of 15 17 Exhibit D Special Requirements None. " 11 '1':APWDEP1'\STAFF\GOBLE\CON"I"RAC"1'S SF,RVICE AGREEMENTS\NRO PLAN CHECK 2006 EXTENSION.DOC Page 15 of 15 18 COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Approval of a Professional Services Agreement Extension with NAI Consulting for On -Call Plan Check Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) extension with NAI Consulting for on -call plan check services. FISCAL IMPLICATIONS: No significant fiscal impact is anticipated. Approval of the PSA continues to provide flexibility in plan check service assignments. Plan check fees are prepaid by development applicants. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The PSA extension provides savings resulting from improved contract management and process efficiencies implemented by Public Works for development plan reviews. The Public Works/Engineering Department continues to develop relationships with multiple plan check consulting firms. The City has relied on consulting firms to perform plan and map checking since the City's incorporation. Historically, Public Works on -call outside plan check was sole sourced to Berryman & Henigar. In 2005, a multi -firm consortium concept was developed to strengthen the City's map and plan check program. The consortium concept has helped the City maintain improved quality and improved turnaround times in map and plan checking. S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C11 NAI Plan Check.doc 1 n The total average plan check time (from initial submittal to mylar approval) has been reduced by 45% from 185 days in 2004 to 102 days in 2005. Public Works' Development Division processed approximately 1,336 plan sheets covering approximately 330 plan sets in 2005, an increase of 72% over 2003. On January 6, 2005, City Council approved the NAI Consulting plan check service contract. On April 19, 2005, the City Council approved the Bureau Veritas/Berryman & Henigar and NRO Engineering contracts. On July 19, 2005, the City Council approved the Boyle Engineering contract. In 2005, NAI Consulting and NRO Engineering have been the City's primary plan check consultants. NAI Consulting and NRO Engineering have strong local engineering knowledge and presence in the Coachella Valley. Bureau Veritas/Berryman & Henigar and Boyle Engineering have been directed by staff to perform reviews for specialized plans including complex drainage systems and structural bridge plan checks. Bureau Veritas/Berryman & Henigar and Boyle Engineering have larger offices of capable personnel and are more suited for specialized plan reviews. The City has also continued to expand in-house plan checks to further expedite development review and approval. Public Works staff now checks well over half of all submitted plans without use of subcontract consultants; however, the additional capacity and expertise afforded by consultant plan checking is advantageous to both the City and developer. Therefore, staff recommends extending this PSA with NAI Consulting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Professional Services Agreement extension with NAI Consulting for on -call plan check services; or 2. Do not approve a Professional Services Agreement extension with NAI Consulting for on -call plan check services; or 3. Provide staff with alternative direction. Respectfully submitted, T. othy R. J, assor�x, P.E. Public Works Director/City Engineer �' ', P.1- S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C11 NAI Plan Check.doc 1 t) Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. NAI Consulting PSA Extension S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C11 NAI Plan Check.doc 3 �`` ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT — EXTENSION THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and NAI Consulting, Inc. (NAI) ("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 On Call Plan Check Services for Private Development Plans 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 4 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 1 of 15 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. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation"), 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. 5 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 2 of 15 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 "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement Extension shall continue under the terms and conditions of the Extension in full force and effect until December 31, 2006. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Lloyd Nickerson, Jr., President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of 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. 6 T:\PWDEPT\STAFF\GO13LE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 3 of 15 4.2 Contract Officer. The Contract Officer shall be Paul Goble, 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 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 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. 7 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 4 of 15 The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage 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 Consultant shall carry automobile liability insurance of $500,000 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 the City, its officers, employees, representatives and agents ("Indemnified Parties"), 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. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse ;) the Indemnified Parties their costs of defense, including reasonable attorneys fees, 8 T:\PWDEPT\STAFF\GOI3LE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 5 of 15 incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 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: 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 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 J T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 6 of 15 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. 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. W T:\PWI)EPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 7 of 15 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 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. i �4 11 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 8 of 15 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 MISCELLANEOUS PROVISIONS 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: Paul Goble, Senior Engineer P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 To Consultant: NAI CONSULTING, INC. Attention: Lloyd Nickerson, Jr. 68-955 Adelina Road Cathedral City, California, 92234 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. 12 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 9 of 15 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 affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which is 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 Thomas P. Genovese, City Manager ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: NAI Consulting, Inc. I A %, X. - Lloyd Nic erson, Jr., President 68-955 Adelina Road Cathedral City, California 92234 (760) 323-5344 Date: Date: Date: Date: 13 T:\PWDEPT\STAFF\GO13LE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 10 of 15 Exhibit A Scope of Services Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. 1.9 14 T:\PWDEPT\STAFF\GOIBLE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 11 of 15 Exhibit B Schedule of Compensation Payment shall be made in full at a "fixed fee" rate of: $ 750 per sheet (submittals with 1-5 sheets in quantity) $ 650 per sheet (submittals with 6-15 sheets in quantity) $ 550 per sheet (submittals with 16 or more sheets in quantity) Sheet counts are based on the number of sheets submitted for plan check. Sheets may include title and detail sheets, street plans, storm drain plans, traffic plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale. Grading plans at 20 feet per inch scale or lower will be charged at $600.00 per sheet. Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans and Traffic Reports, shall be in made 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. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check 65 % of the Total Plan Check Fee Second Plan Check 20% of the Total Plan Check Fee Third Plan Check 1 5 % of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check. The Consultant shall separately invoice per plan. No exceptions will be allowed to the payment schedule. I44 15 T:\PWDEPT\STAFF\GOI3LE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 12 of 15 Exhibit C Schedule of Performance OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Plan Submittal Plan Check Turn -Around (From Receipt from City Staff) 1" Plan Check 10 Working Days 2nd Plan Check 5 Working Days 3`d Plan Check 2 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1" and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1 St Submittal Upon completing the 1" review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward red lined„plans to the applicant. 2nd and Subsequent Submittals Upon receipt of the 2nd round plan check submittal ,from the applicant and upon completing the 2.nd review, the Consultant shall submit red lined plans and a copy of the applicable 2nd review Plan Check List to theCity. The City„ will provide d , supplemental comment as applicable and forward 2 review red lined plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. 16 T:\PWDEPT\STAFF\GOIILE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 13 of 15 The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. 17 T:\PWDEPT\STAFF\GOBI.E\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 14 of 15 Exhibit D Special Requirements None. IYf 18 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\NAI PLAN CHECK 2006 EXTENSION.DOC Page 15 of 15 N COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Approval of a Professional Services Agreement with Speer Civil for On -Call Plan Check Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / 0 STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with Speer Civil for on -call plan check services. FISCAL IMPLICATIONS: No significant fiscal impact is anticipated. Approval of the PSA continues to provide flexibility in plan check service assignments. Plan check fees are prepaid by development applicants. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Public Works/Engineering Department continues to develop relationships with multiple plan check consulting firms. The City has relied on consulting firms to perform plan and map checking since the City's incorporation. Historically, outside on -call plan check was sole sourced to Berryman & Henigar. In 2005, a multi -firm consortium concept was developed to strengthen the City's map and plan check program. The consortium concept has helped the City maintain improved quality and improved turnaround times in map and plan checking. The total average plan check time (from initial submittal to mylar approval) has been reduced by 45% from 185 days in 2004 to 102 days in 2005. Public Works' Development Division processed approximately 1,336 plan sheets covering approximately 330 plan sets in 2005, an increase of 72% over 2003. On January 6, 2005, City Council approved the NAI Consulting plan check service contract. On April 19, 2005, the City Council approved the Bureau Veritas/Berryman & Henigar and NRO Engineering contracts. On July 19, 2005, the City Council approved the Boyle Engineering contract. In 2005, NAI Consulting and NRO Engineering have been the City's primary plan check consultants. NAI Consulting and NRO have strong local engineering knowledge and presence in the Coachella Valley. Speer Civil is uniquely suited to provide engineering review for the City, as the principal of the firm has in-depth knowledge from his prior work experience with the City. Bureau Veritas/Berryman & Henigar and Boyle Engineering have been directed by staff to perform reviews for specialized plans including complex drainage systems and structural bridge plan checks. Bureau Veritas/Berryman & Henigar and Boyle Engineering have larger offices of capable personnel and are more suited for specialized plan reviews. The City has also continued to expand in-house plan checks to further expedite development review and approval. Public Works staff now checks well over half of all submitted plans without use of subcontract consultants; however, the additional capacity and expertise afforded by consultant plan checking is advantageous to both the City and developer. Therefore, staff recommends approving this PSA with Speer Civil. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Professional Services Agreement with Speer Civil for on -call plan check services; or 2. Do not approve a Professional Services Agreement with Speer Civil for on -call plan check services; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jo asson P.E. Public Works Director/ City Engineer S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C12 Speer Civil Plan Check.doc 2 r Approved for submission by: r` rc.....00 Thomas P. Genovese, City Manager Attachment: 1. Speer Civil PSA S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C12 Speer Civil Plan Check.doc 3„ 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 Steven D. Speer, dba SPEER Civil ("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 On Call Plan Check Services for Private Development Plans 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 1 of 16 4 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. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation"), 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. T:\PWDEPT\STAFF\GIJBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 2 of 16 5 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 "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 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 December 31, 2006. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant are hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Steven D. Speer, P.E., Principal 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. T:\PVvDEPTISTAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 3 of 16 6 4.2 Contract Officer. The Contract Officer shall be Paul Goble, 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 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 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 4 of 16 7 The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage 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 Consultant shall carry automobile liability insurance of $500,000 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 the City, its officers, employees, representatives and agents ("Indemnified Parties"), 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. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 5 of 16 8 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: 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 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 ti T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 6 of 16 9 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. 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. T:\PWDEP't\s,rAFF\GOBLE\CONTRAC"fS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 7 of 16 10 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 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 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 8 of 16 1 1 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 MISCELLANEOUS PROVISIONS 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: Paul Goble, Senior Engineer P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 To Consultant: Steven D. Speer, dba SPEER Civil Attention: Steve Speer, Principal 50855 Washington Street, Suite C-280 La Quinta, California, 92253 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 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which is 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: P T:\PWDEP'11STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 9 of 16 12 June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Steven D. Speer, dba SPEER Civil Steven D. Speer, P.E., ri ipal 50855 Washington Street, uite C-280 La Quinta, California 92253 (760) 285-7335 Date: Date: Date: 14-10 -41 T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 10 of 16 13 Exhibit A Scope of Services Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. T:\PWDEPTISTAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page I I of 16 14 Exhibit B Schedule of Compensation Payment shall be made in full at a "fixed fee" rate of: $ 700 per sheet (submittals with 1-5 sheets in quantity) $ 630 per sheet (submittals with 6-15 sheets in quantity) $ 575 per sheet (submittals with 16 or more sheets in quantity) Sheet counts are based on the number of sheets submitted for plan check. Sheets may include title and detail sheets, street plans, storm drain plans, traffic plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30,40 or 50 feet per inch scale. Grading plans at 20 feet per inch scale or lower will be charged at $600.00 per sheet. Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans and Traffic Reports, shall be in made 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. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check 65% of the Total Plan Check Fee Second Plan Check 20% of the Total Plan Check Fee Third Plan Check 15% of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check. The Consultant shall separately invoice per plan. No exceptions will be allowed to the payment schedule. T:TWDEP7nSTAFF\G013LE\C0NTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 12 of 16 15 Consultant also may be requested to provide general civil consulting services for specific development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $106.00 per hour — no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 13 of 16 16 Exhibit C Schedule of Performance OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Plan Submittal Plan Check Turn -Around (From Receipt from City Staff) 1 St Plan Check 10 Working Days 2nd Plan Check 5 Working Days 3rd Plan Check 2 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1 st and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1st Submittal Upon completing the 1 s` review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and Subsequent Submittals Upon receipt of the 2d round plan check submittal from the applicant and upon completing nd the 2nd review, the Consultant shall submit "red lined" plans and a copy of the applicable 2 review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2nd review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 14 of 16 17 The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. +-O T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 F1NAL.DOC Page 15 of 16 18 Exhibit D Special Requirements 1. Consultant intends to incorporate its business later in 2006. City agrees to amend this agreement within 30 days after receiving written notice and confirmation of incorporation to accommodate the revised contract entity. All other aspects and Consultant personnel detailed herein will remain in full force and effect. Remainder of Page Intentionally Left Blank }.I T:\PWDEMSTAFF\GO13LE\CONTRACTS SERVICE AGREEMENTS\SPEER PLAN CHECK 2006 FINAL.DOC Page 16 of 16 19 N COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Approval of a Professional Services Agreement Extension with Boyle Engineering Corporation for On -Call Plan Check Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / [ STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) extension with Boyle Engineering Corporation for on -call plan check services. FISCAL IMPLICATIONS: No significant fiscal impact is anticipated. Approval of the PSA continues to provide flexibility in plan check service assignments. Plan check fees are prepaid by development applicants. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The PSA extension provides savings resulting from improved contract management and process efficiencies implemented by Public Works for development plan reviews. The Public Works/Engineering Department continues to develop relationships with multiple plan check consulting firms. The City has relied on consulting firms to perform plan and map checking since the City's incorporation. Historically, Public Works on -call outside plan check was sole sourced to Berryman & Henigar. In 2005, a multi -firm consortium concept was developed to strengthen the City's map and plan check program. The consortium concept has helped the City maintain improved quality and improved turnaround times in map and plan checking. The total average plan check time (from initial submittal to mylar approval) has been reduced by 45% from 185 days in 2004 to 102 days in 2005. Public Works' Development Division processed approximately 1,336 plan sheets covering approximately 330 plan sets in 2005, an increase of 72% over 2003. On January 6, 2005, City Council approved the NAI Consulting plan check service contract. On April 19, 2005, the City Council approved the Bureau Veritas/Berryman & Henigar and NRO Engineering contracts. On July 19, 2005, the City Council approved the Boyle Engineering contract. In 2005, NAI Consulting and NRO Engineering have been the City's primary plan check consultants. NAI Consulting and NRO have strong local engineering knowledge and presence in the Coachella Valley. Bureau Veritas/Berryman & Henigar and Boyle Engineering have been directed by staff to perform reviews for specialized plans including complex drainage systems and structural bridge plan checks. Bureau Veritas/Berryman & Henigar and Boyle Engineering have larger offices of capable personnel and are more suited for specialized plan reviews. The City has also continued to expand in-house plan checks to further expedite development review and approval. Public Works staff now checks well over half of all submitted plans without use of subcontract consultants; however, the additional capacity and expertise afforded by consultant plan checking is advantageous to both the City and developer. Therefore, staff recommends extending this PSA with Boyle Engineering. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Professional Services Agreement extension with Boyle Engineering Corporation for on -call plan check services; or 2. Do not approve a Professional Services Agreement extension with Boyle Engineering Corporation for on -call plan check services; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. nass n, P.E. ctPublicWorks Diror/ City Engineer S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C13 Boyle Plan Check.doc 2 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Boyle Engineering PSA Extension S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C13 Boyle Plan Check.doc 3 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT — EXTENSION 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 Boyle Engineering Corporation ("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 On Call Plan Check Services for Private Development Plans 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREE MENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOC Page 1 of 14 4 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation"), 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. 3.0 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 "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 Maneure. 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, this Agreement Extension shall continue under the terms and conditions of the Extension in full force and effect until December 31, 2006. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOC Page 2 of 14 5 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following representatives and principals of Consultant are hereby designated as being the representatives and principals of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Jack Istik b. Henry Pao It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing representatives and principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing representatives and 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 representatives and 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 Paul Goble, 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 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOC Page 3 of 14 6 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. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage 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 Consultant shall carry automobile liability insurance of $500,000 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOC Page 4 of 14 7 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), 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. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 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: 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOC Page 5 of 14 8 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by 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. 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOC Page 6 of 14 9 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 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. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOC Page 7 of 14 10 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 MISCELLANEOUS PROVISIONS 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 Attn: Paul Goble, Senior Engineer P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 To Consultant: BOYLE ENGINEERING CORPORATION Attn: Jack Istik 1131 West Sixth Street, Suite 285 Ontario, California, 91762 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 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which is 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. TAPWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOC Page 8 of 14 11 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: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Boyle Engineering Corporation Satish Kamath, P.E. 1131 West Sixth Street, Suite 285 Ontario, CA 91762 (909) 933-5225 Date: Date: Date: Date: e T:\PWDEPT\STAFF\CiOBLE\CONTRA.CTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOC Page 9 of 14 12 Exhibit A Scope of Services Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: •Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans •Storm Drainage Plans •Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans •Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: •To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans •To review plans for sound engineering practices. To check for accuracy of design in conformance with the City's most current Plan Check List. •To check general mathematics and design criteria. •To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOCPage 10 of 14 13 Exhibit B Schedule of Compensation Payment shall be made in full at a "time & materials" rate not to exceed $600 per sheet based on the number of sheets submitted for plan check for title and detail sheets, street plans, storm drain plans, traffic plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale. No compensation is provided to Consultant for reference sheets or supporting section detail sheets. Additionally, Consultant receives no additional budget authorization for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. The quantity of invoices allowed for a given plan check assignment is limited to no more than three progressive invoices or billing statements. Schedule of Billing Rates for the Consultant are as follows: Plan Check Engineer & Plan Check Supervision $ 125 per hour Administrative Staff $ 60 per hour Billing rates include all plan delivery fees, postage and other incidental charges. Supplemental payment for additional plan checks required total payment in excess of $600 per sheet may be authorized by the City Contract Officer on a special exception basis 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. An estimate of hours to complete the plan check (exceeding the $600 per sheet budget) or for special reports or other specialized work shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement prior to initiation of the work. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOCPage 11 of 14 14 Exhibit C Schedule of Performance OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Plan Submittal Plan Check Turn -Around (From Receipt from City Staff) 1" Plan Check 15 Working Days 2nd Plan Check 10 Working Days 3d Plan Check 7 Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1" and 2" plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1 St Submittal Upon completing the 1" review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and Subsequent Submittals Upon receipt of the 2nd round plan check submittal from the applicant and upon completing the 2nd review, the Consultant shall submit "red lined" plans and a copy of the applicable 2nd review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2nd review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOCPage 12 of 14 15 The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOCPage 13 of 14 16 Exhibit D Special Requirements None. T:\PWDEPT\STAFF\GOBLE\CONTRACTS SERVICE AGREEMENTS\BOYLE PLAN CHECK 2006 EXTENSION.DOCPage 14 of 14 17 COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Approval to Adopt a Resolution and Award a Contract to Precision Landleveling for the SilverRock Resort Soil Stabilization Project No. 2002-07M RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: l02 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council authorizing staff to award a construction contract to Precision Landleveling in the amount of $185,000 for the SilverRock Resort Soil Stabilization Project No. 2002-07M. FISCAL IMPLICATIONS: The Fiscal Year 2005/2006 Operating Budget (Account No. 101-7004-431 .32-01) includes $500,000 for the PM10 Maintenance of the SilverRock Resort, which includes $1 1 5,920 for ongoing PM 10 stabilization by DISC Construction Services. There is another pending City Council action for additional funding to continue DISCs services. There are adequate funds available for these actions. CHARTER CITY IMPLICATIONS: This work is considered maintenance work and is therefore not subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The SilverRock Resort consists of 525 acres, of which approximately 290 acres of the property remain undeveloped. Since beginning construction, PM 10 measures have been in place for dust control and compliance with Air Quality Management District (AQMD) requirements by the various contractors working on the project. Since operation of the golf course began, the Agency has been responsible for overall dust control of the site. On April 19, 2005, the City Council ratified a purchase order with DISC Construction Services in an amount not to exceed $243,214 to provide soil stabilization and water truck services for the undeveloped property. S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C19 Project 2002-07M.doc On August 2, 2005, the City Council approved an additional six months of service with DISC Construction Services not to exceed $1 15,920. On September 6, 2005, the Redevelopment Agency approved the SilverRock Resort Soil Stabilization project to include a combination of barley, water truck service, and chemical stabilization at a total estimated cost of $291 ,000. On November 3, 2005, all bids were due in to the City Clerk. No bids were received and the project was rebid for December 5, 2005. On December 5, 2005, two bids were received for Project No. 2002-07M. One bid was determined to be non -responsive and the other bid was more than $200,000 over the engineer's estimate and therefore was not recommended for award by staff. On December 20, 2005, the City Council rejected all bids. Since December 20, 2005, staff has worked with Precision Landleveling to meet the City's requirements for entering into a construction contract. At the time of this report, the contractor was attempting to provide security for payment of subcontractors and suppliers. In order to expedite this project, staff recommends awarding this project to Precision Landleveling contingent upon them meeting the requirements of the City's construction agreement to the satisfaction of the City Engineer and City Attorney. California Public Contract Code, Section 20167 states that after rejecting bids, the legislative body may pass a resolution by a four -fifths vote of its members declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may have the project done in the manner stated without further complying with this chapter. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Adopt a Resolution authorizing staff to award a construction contract to Precision Landleveling in the amount of $185,000 for the SilverRock Resort Soil Stabilization Project No. 2002-07M; or 2. Do not adopt a Resolution authorizing staff to award a construction contract to Precision Landleveling in the amount of $1 85,000 for the SilverRock Resort Soil Stabilization Project No. 2002-07M; or 3. Provide staff with alternative direction. 2 S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C19 Project 2002-07M.doc Respectfully submitted, TUnothy R. Jor)a�son', P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Contract with Precision Landleveling 3 S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C19 Project 2002-07M.doc RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING STAFF TO AWARD A CONSTRUCTION CONTRACT FOR THE SILVERROCK RESORT SOIL STABILIZATION PROJECT IN ACCORDANCE WITH SECTION 20167 OF THE PUBLIC CONTRACT CODE WHEREAS, the California Public Contract Code, Section 20167 states that after rejecting bids, the legislative body may pass a resolution by a four -fifths vote of its members declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may have the project done in the manner stated without further complying with this chapter; and WHEREAS, the La Quinta City Council finds and determines, based on substantial evidence presented to the City Council by City staff, that the rejection of all bids on December 5, 2005 allows the award of this contract by open market, and that this action is necessary to continue to conform with South Coast Air Quality Management District requirements. NOW, THEREFORE, BE IT RESOLVED, by the La Quinta City Council, as follows: 1. The above Recitals are true and correct and are incorporated herein. 2. The La Quinta City Council, pursuant to Public Contract Code Section 20167, hereby approves the award of the SilverRock Resort Soil Stabilization project by open market as defined in Section 20167 of the Public Contract Code. 2 Resolution 2006- SilverRock Resort Soil Stabilization Project 2002-07M Adopted: February 21, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of February 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 ATTACHMENT 1 SECTION 1300 A[;RFFMFNT THIS CONTRACT, by and between the CITY OF LA QUINTA, herein referred to as "City" and Precision Landleveling, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1 . Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project No. 2002-07M SilverRock Resort Soil Stabilization Project, in the City of La Quinta, California pursuant to the project Specifications dated October 31, 2005, all of which documents shall be considered a part hereof as though fully set herein. The time frame for construction work shall be in accordance with that specified in the Specifications. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within the specified 90 consecutive calendar days completion time period. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration One Hundred Eighty -Five Thousand Dollars ($185,000.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. Concurrently with the execution of this Contract, Contractor shall furnish security in a form satisfactory to the City, ensuring payment of all subcontractors and material suppliers consistent with the requirements of Section 1320 of said Specifications, the cost of which shall be paid by the Contractor. 7. Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), 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 Contractor, its officers, employees and agents, which arise out of Contractor'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. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the 1300-1 Agreement �j Indemnified Parties. 8. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 9. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 10. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 11. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 12. This Contract shall not be assignable by Contractor without the written consent of City. 13. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 14. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 15. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work.' 16. The City, or its authorized auditors or representatives, shall have access to and the 7 1300-2 Agreement right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 17. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 18. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 19. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Agreement 1300-3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Dated: Dated: "CITY" By: Don Adolph, Mayor Dated: Dated: "CONTRACTOR" By: Name: Title: By: Name: Title: "CONTRACTOR" (If corporation, affix seal) Agreement 1300-4 COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Approval of Additional PM 10 Services from DISC Construction Services for SilverRock Resort RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Approve additional PM 10 services from DISC Construction Services in an amount not to exceed $148,814 for SilverRock Resort. FISCAL IMPLICATIONS: The fiscal year 2005/2006 Operating budget (Account No. 101-7004-431 .32-01) included $500,000 for PM-10 Maintenance of SilverRock Resort. There is another City Council action pending for permanent soil stabilization. Adequate funds are available for these actions. CHARTER CITY IMPLICATIONS: This work is considered maintenance work and is therefore not subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The SilverRock Resort consists of 525 acres, of which approximately 290 acres of the property remain undeveloped. Since beginning construction, PM 10 measures have been in place for dust control and compliance with Air Quality Management District (AQMD,) requirements by the various contractors working on the project. Since operation of the golf course began earlier this year, the Agency has been responsible for overall dust control of the site. On April 19, 2005, the City Council ratified a purchase order with DISC Construction Services in an amount not to exceed $243,214 to provide chemical stabilization and water truck services for the undeveloped property at SilverRock. On August 2, 2005, the City Council approved an additional six months of service with DISC Construction Services not to exceed $1 1 5,920. On September 6, 2005, the Agency approved the SilverRock Resort Soil Stabilization project to include a combination of barley, water truck service, and chemical stabilization at a total estimated cost of $291,000. The water truck services and chemical stabilization will continue to be provided by Disc Construction Services. Approval of the $148,814 will provide chemical stabilization of the hotel pads, perimeter landscape, and an additional six months of water truck services. In addition to the soil stabilization project, these services are necessary to stabilize the perimeter landscaping, the hotel pads, and the access roads, which is not part of the soil stabilization project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve additional PM 10 services from DISC Construction Services in an amount not to exceed $148,814 for SilverRock Resort; or 2. Do not approve additional PM 10 services from DISC Construction Services in an amount not to exceed $148,814 for SilverRock Resort; or 3. Provide staff with alternative direction. Respectfully submitted, r" Tf`mothy R. Jon sson, Public Works Direct or%City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Proposal from DISC Construction Services 2 FEP-16- 2, 1'-A--I THU 0 5 : 0 1 P11 DISC' 27 6 i1 7 7 F i^i i�i 7 6 F i=i iL-i - i_i ATTACHMENT 1 DISC S 10 N, Farrell Drive Palm Springs, CA. 92262 I Name / Address I City of La Qulnta 78-495 Calle Tampico La Qulnta, CA 92253 Proposal Date Eatimete # 2/16/2006 21606 Project Silver Rock Ranch R... Deacription Qty Rate Total Operated Equipment Rental -Water Trucks Soil Stabllization 1,560 61 65.00 350.00 101,400.00 21,350,00 Access Road Guide Barrier 2,400 0.86 2,064.00 Water Tower 6 11,500.00 9,000.00 J-Stand 6 600.00 3,600.00 Dust Control Environmental Observation 120 95.00 11,400.00 0.00 All water truck drivers SCAQMD ccrtlllcd. Subtotal $148,814.00 Sales TaX (0.0%) $0.00 Total $148,814.00 3 COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Approval of a Joint Use of Facility Agreement by and between the City of La Quinta and the Desert Sands Unified School District RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Joint Use of Facility Agreement by and between the City of La Quinta and the Desert Sands Unified School District (DSUSD) for the use of SilverRock Resort by the La Quinta High School Golf Teams and use of La Quinta High School facilities for City recreational activities. FISCAL IMPLICATIONS: The fiscal implications are determined by the number of rounds, dates, and times requested by the La Quinta High School Golf Teams for practice and match play. Per the golf rates approved in Resolution No. 2004-137, the total value of golf for the La Quinta High School Golf Teams this season is $21 ,070. In calendar year 2005, the Community Services Department paid $1,928 to DSUSD for use of La Quinta High School facilities for City recreational activities. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: With the opening of the Arnold Palmer Classic Course at SilverRock Resort, Landmark and City staff have received numerous requests from the La Quinta High School Golf Teams to use the City's golf course for team practice and match play. Research was done on other municipal golf courses in the Coachella Valley. The City of Palm Desert has a formal Complimentary Policy that includes golf for Palm Desert High School teams and College of the Desert teams at the discretion of the General Manager. The City of Palm Springs allows high school golf teams to play at the discretion of the General Manager. The City of Indian Wells does not have any high schools within the city and therefore does not have any agreements for high school golf. On November 16, 2004, the City Council approved Resolution No. 2004-137 establishing the rate schedule for the Arnold Palmer Classic Course at SilverRock Resort. The rate schedule allows the golf operations management company to negotiate group and tournament rates. The rate schedule lists Specials with "Rates to vary based upon utilization" for the Desert Sun Special, the Golf Pass Book, and the Palm Springs Golfer. On April 5, 2005, the City Council adopted the Complimentary Play Policy that allows limited reduced fee or free play to media members, golf professionals, and members of the golf and golf hospitality industry. The policy also allows employees of Landmark Golf employed at SilverRock Resort limited free play during off-peak hours. On May 3, 2005, the City Council adopted Resolution No. 2005-033 amending the Golf Course Rate Schedule as adopted in Resolution No. 2004-137 allowing the City's golf operator to advertise special green fee rates during the off and shoulder seasons, pending the City Manager's approval. On September 20, 2005, the City Council approved Resolution No. 2005-072 amending the Golf Course Rate Schedule as adopted in Resolution No. 2004-137 and amended in Resolution No. 2005-033, to add junior golf rates and adjust the dates for spring season rates. Juniors under the age of 17 are given a rate of $25 before 2:00 p.m. and $10 or $1 5 after 2:00 p.m. during the off-season. During peak season, juniors pay $35 before 2:00 p.m. and $1 5 after 2:00 p.m. Juniors who do not have a valid driver's license will not be able to use a golf cart. Consistent with the above referenced cities, staff, in conjunction with DSUSD, has developed a Joint Use of Facility Agreement (Attachment 1) that allows use of the SilverRock Resort golf course by the La Quinta High School Golf Teams during non - peak tee times. It is understood that the tee times may need to be adjusted to accommodate SilverRock customers. The General Manager has the final decision for tee time scheduling. DSUSD will, in turn, allow for use of the facilities at La Quinta High School for City recreational programs provided staff completes a Use of Facilities form with DSUSD to insure no conflict with previously scheduled events. S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C21 DSUSD Joint Use Facility.doc 2 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Joint Use of Facility Agreement by and between the City of La Quinta and the Desert Sands Unified School District for the use of SilverRock Resort by the La Quinta High School Golf Teams and use of La Quinta High School facilities for City recreational activities; or 2. Do not approve the Joint Use of Facility Agreement by and between the City of La Quinta and the Desert Sands Unified School District for the use of SilverRock Resort by the La Quinta High School Golf Teams and use of La Quinta High School facilities for City recreational activities; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachment: 1 . Joint Use of Facility Agreement S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C21 DSUSD Joint Use Facility.doc 3 JOINT USE OF FACILITY AGREEMENT By and between the City of La Quinta and the Desert Sands Unified School District This Agreement for Joint Use of Facility (the "AGREEMENT") is made and entered into by and between the City of La Quinta, a California municipal corporation (the "CITY") and the Desert Sands Unified School District, La Quinta Unit, a California municipal corporation (the "DSUSD") as of February 21, 2006. RECITALS WHEREAS, the CITY and the DSUSD desire to provide for expanded joint utilization of their respective facilities for the purpose of promoting recreational activities for the area residents; and WHEREAS, the CITY desires to assist the DSUSD in providing golf opportunities for the La Quinta High School Golf Teams at no costs to the Teams' members; and WHEREAS, in exchange, the DSUSD desires to assist the CITY'S provision of recreational classes at its facilities free of charge; WHEREAS, the CITY and the DSUSD find that the proposed joint use of their facilities provide a significant public benefit to the students of La Quinta High School and the citizens of the CITY: NOW, THEREFORE, the Parties hereto agree as follows: 1.0 USE OF GOLF COURSE 1.1 USE OF GOLF COURSE. The CITY agrees to provide a limited number of Tee Times, free of charge, at the golf course at SilverRock Resort for the use of the La Quinta High School Golf Teams. The DSUSD shall be liable for all property damage and personal injury caused solely by the La Quinta High School Golf Teams, their coaches, or anyone else affiliated with their usage of SilverRock Resort. The Tee Times may only be used by up to 15 members of each of the La Quinta High School Golf Teams. The total number of Tee Times to be provided under this AGREEMENT shall be 14 total rounds per player, per calendar year. The Tee Times provided by the CITY will be made available pursuant to the parameters set forth in Sections 1.2 below. It is understood that the tee times may need to be adjusted to accommodate SilverRock customers. The General Manager has the final decision for Tee Time scheduling. rd S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C21 DSUSD Joint Use Facility Agreement.DOC 1 .2 Schedule for Facilitv Use. Basic Schedule for Team Use. Annually, the Team Coaches shall provide the General Manager with a practice and match schedule no later than one month prior to the golf season. The General Manager of the Golf Course ("General Manager") shall be permitted to adjust the proposed schedule as to provide for paying customers at SilverRock Resort. It is the intent of the Parties not to displace paying golf play on the golf course, but to instead utilize the course in a manner that will not displace other play. The schedule is for weekdays only and excludes weekends and observed holidays. 1.2.2 General Manager Approval. All golf play by the team members is subject to approval by the General Manager. The General Manager will use all reasonable efforts to accommodate the Team's schedule but reserves the right to reschedule team events and team play to accommodate customers and other conflicting events. 1.2.3 Duty to Supervise. All golf play provided by this AGREEMENT must be supervised on site by a member of the coaching staff of the La Quinta High School Golf Teams. The Team is required to be familiar with and comply with the Rules of Golf and Golf Etiquette. 1.2.4 Specific Violations of Facility Use. Without limitation as to other possible violations of the Facility Use, the CITY shall specifically not permit the following uses: 1.2.4.1 Political Activities. The DSUSD shall abide by the CITY'S facility use policies and shall not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote. 1.2.4.2 Alcohol, Drugs or Tobacco. The DSUSD shall not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility by the Golf Team Players or their Coaches. 2.0 USE OF DSUSD FACILITIES BY THE CITY 2.1 Use of Facilities at La Quinta High School. City of La Quinta will complete a Use of Facilities so site Administrators will know what rooms, dates, and times the City of La Quinta will request. This will insure no conflict with already scheduled events. Site Administrator will approve/disapprove use of facilities and send to Risk Management, it will be signed and personnel will be assigned to cover the event. 5 S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C21 DSUSD Joint Use Facility Agreement.DOC 3.0 INDEMNITY FOR SHARED USE. 3.1 Indemnity Owed to the CITY by the DSUSD. The DSUSD shall defend, indemnify and hold the CITY, the La Quinta Redevelopment Agency, and the CITY'S officers, employees, and agents ("City Indemnitees") free and harmless from any and all of claims, causes of action, obligations, losses, liabilities, judgments, damages, including reasonable attorneys fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to the use of SilverRock Resort by the La Quinta High School Golf Team members or their coaches. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, the DSUSD shall provide a defense to the City Indemnitees, or at the CITY'S option, reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claim. In addition, the DSUSD shall be obligated to promptly pay any final judgment or portion thereof rendered against the City Indemnitees. 3.2 Indemnity Owed to the DSUSD by the CITY. The CITY shall defend, indemnify and hold the DSUSD, its officers, employees, and agents ("DSUSD Indemnitees") free and harmless from any and all of claims, causes of action, obligations, losses, liabilities, judgments, damages, including reasonable attorneys fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to the use of the DSUSD'S Facilities by the CITY or the participants in its programs. In the event the DSUSD Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, the CITY shall provide a defense to the DSUSD Indemnitees, or at the DSUSD'S option, reimburse the DSUSD Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claim. In addition, the CITY shall be obligated to promptly pay any final judgment or portion thereof rendered against the DSUSD Indemnitees. o 1 I ►l Unless earlier terminated in accordance with Section 7.5 of this AGREEMENT, the term of this AGREEMENT shall be for five (5) years from February 21, 2006. 5.0 COORDINATION OF THE AGREEMENT 5.1 Representative of the DSUSD. The following individuals of the DSUSD are hereby designated as being the representatives of the DSUSD authorized to act in its behalf with respect to the AGREEMENT specified herein and make all decisions in connection therewith: 1. Charlene Whitlinger 2. Jon Gaffney S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C21 DSUSD Joint Use Facility Agreement.DOC 6 5.2 Representative of the CITY. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of CITY. Unless otherwise specified herein, any approval of the CITY required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. Neither the DSUSD nor the CITY shall transfer or assign the right of facility usage granted by this AGREEMENT to any third parties. 6.0 INSURANCE 6.1 Insurance. The CITY shall make the DSUSD an additional insured on the CITY'S insurance coverage such that the CITY'S coverage applies to the DSUSD for the CITY'S use of the DSUSD. The DSUSD shall make the CITY an additional insured on the DSUSD'S insurance coverage such that the DSUSD'S coverage for school - related activities applies to the CITY for the DSUSD'S use of SilverRock Resort. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This AGREEMENT shall be construed, interpreted, and governed as to validity, performance of the parties and enforcement 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 the DSUSD 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, 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 the CITY'S right to terminate this AGREEMENT without cause pursuant to Section 6.3. 7.3 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. S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C21 DSUSD Joint Use Facility Agreement.DOC 7 7.4 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. 7.5 Termination Prior To Expiration Of Term. The CITY and the DSUSD reserve the right to terminate this AGREEMENT at any time, with or without cause, upon thirty (30) days written notice to the other Party. 7.6 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 from the losing Party. 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 DSUSD, 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 DSUSD 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 DSUSD 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 Covenants against Discrimination. The DSUSD 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. The DSUSD 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. S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C21 DSUSD Joint Use Facility Agreement.DOC 8 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 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 9.1. To the CITY: To the DSUSD: City of La Quinta Desert Sands Unified School District 78-495 Calle Tampico 47-950 Dune Palms Road La Quinta, CA 92253 La Quinta, CA 92253 Attention: City Manager 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. 9.6 Lease. (Not Applicable to this AGREEMENT) S:\CityMgr\STAFF REPORTS ONLY\2-21-06\C21 DSUSD Joint Use Facility Agreement.DOC 9 Feb-15-06 08:57A DSUSD Operations Mgmt 760 771 8547 P_09 Dated: Z l� p CITY OF LA QUINTA, a California Municipal Corporation Dated: ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney "CITY" am DON ADOLPH, Mayor "DSUSD" DESERT SANDS UNIFIED SCHOOL DISTRICT IRS Tax Exempt No.: 33 - 07 ` YLVC y: Name: o C T(I 0^4 Title: T:\PWDEPT\STAFFHov,jiett\DSUSD Facility Agreement.DOC 10 N AGENDA CATEGORY: TING DATE: February 21 COUNCIL/RDA MEETING y , 2006 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Consideration of Request by the La Quinta STUDY SESSION: Playhouse for Use of the La Quinta Public Library PUBLIC HEARING: Facility RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The La Quinta Playhouse is requesting use of the La Quinta Public Library facility for various children and adult programs. The request specifies 75 hours of facility use, which would amount to $5,625 (75 hours x $75 per hour) in rental fees, if applied. Adequate funding is available in the General Fund unallocated reserves Account #101- 000-390.00-00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the regular meeting of February 7, 2006, the City Council considered an item under Written Correspondence concerning a request by the La Quinta Playhouse for use of the La Quinta Public Library facility for educational programs (Attachment 1). The La Quinta Playhouse specifically requested that the City Council underwrite their cost for using the Library, facility between April and August 2006 (for a total of 75 hours). The Council referred the matter to staff for a follow up meeting with the La Quinta Playhouse regarding a more detailed proposal. Council also wanted more information on the potential use of the Library facility for relocation of City staff. On February 15, 2006, staff had the opportunity to meet with two representatives from the La Quinta Playhouse. They provided staff a more detailed proposal of their educational programs, which involves a variety of classes and performances for children in the areas of theatre, song, and dance along with two workshops for adults in the areas of writing and poetry (Attachment 2). The facility needs can be summarized as follows: April — May: 4 classes, 3 hours per class; preference is Saturdays, but will most likely be Sundays due to limited room availability in April (total of 12 hours) June — August: 2, one -week sessions, Monday through Friday, 4 hours daily; 2 end -of -session performances either Saturday or Sunday, 4 hours per performance (total of 48 hours) Dates TBD: 2 adult workshops (total of 15 hours) A total of 75 hours of educational programs are being proposed by the La Quinta Playhouse, which has an associated rental fee of $5,625 for the Multi -Purpose Room (a non-profit rate). The Community Room had been the primary consideration during preliminary discussions. However, staff has advised the La Quinta Playhouse that some City staff may be relocating to the Library facility from City Hall. It is conceivable that within 30 to 60 days the Community Services Department will be housed in the current classroom (i.e., Community Room) and adjacent offices. The only room available for rent would be the large Multi -Purpose Room, which is about 5,300 square feet. Representatives from the La Quinta Playhouse indicate they are flexible in terms of dates, times, and number of hours. If Council approves the use of the Multi -Purpose Room for the proposed programs, staff will work with La Quinta Playhouse representatives on a schedule that will not conflict with other events being planned in the room. The representatives have been advised of today's meeting and indicate they will be in attendance. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a request by the La Quinta Playhouse for 75 hours of use of the La Quinta Public Library's Multi -Purpose Room for educational programs to take place April through August 2006, and approve an appropriation of $5,625 from General Fund unallocated reserves; or 2. Do not approve a request by the La Quinta Playhouse for 75 hours of use of the La Quinta Public Library's Multi -Purpose Room for educational programs to take place April through August 2006, and do not appropriate $5,625 from General Fund unallocated reserves; or 3. Provide staff with alternative direction. Respectfully submitted, w Thomas P. Genovese, City Manager Attachments: 1 . Written correspondence dated January 27, 2006 2. Proposed educational programs (April -August, 2006) Attachment 1 La Quints Playhouse Post Office box 1999 La Ouinta CA . 92247 76o . 360.9191 Viane Adolph President Prisctta w Vice President Christine btydenbLrgfi Secretary Diane ganz Correspo"V Secretary January 27, 2006 Honorable Mayor Don Adolph RECEIVED 2006 JRN 2 7 flM 1, 29 CITY OF LA QUINTA CITY CLERK'S OFFICE The La Quinta Playhouse, currently enjoying a successful season in Old Town, has also succeeded in the area of children's education. Our Kiddie Klassics production of "The Velveteen Rabbit" was presented in a full production on January 14'' and 15m. This show is now being scheduled to play in libraries in the Valley. Reaction to our children's programming is enthusiastic and we have a long waiting list of children we would like to accommodate. We see how these young people blossom with this kind of experience and we are keen on growing our Proms- Centeno To this end we are asking the Mayor and City council to underwrite our usage (pirector of Special Events of the La Quinta library. Reg Centeno Director of Children's Education Noemi Hane has been in contact with the Project Manager library and Community Services to coordinate times and usage of the Library Community room. V—ae l,or,d We have designed a program that will run between April and August. The Corporate 4on5o� varied programs combine to 75 hours. The Community room is $70. per hour. -J6"t-Le - We are seeking the Council's support for our continuing educational programs Diet or- of Development and ask the Council to underwrite this Library usage. Dome IC.andor We are glad to supply any information you might request. M� ADVISORY 150ARD Thank you JoAnn Reeves 68X_,C�� Artistic Director Jo Ann Reeves "^'^'' LaO " ,wm Artistic Director Coachella Valley On Stage La Quinta Playhouse 41b/a La Omb Pt, Aame is a 501C3 Nonprofit Charity Tax D 33 0741257 Attachment 2 LA QUINTA PLAYHOUSE Non- Profit EDUCATIONAL PROGRAMS JoAnn Reeves — Artistic Director 360-1007 Noemi Hane - Educational Director 887-2768 Proposed Programs for the Library space April — May 4 classes 3 hours per class - Saturday or Sunday 1. Intro to Theatre craft 2. Character study and stage movement 3. Vocal and Singing training 4. Dance training Summer Intensives June — August 2 sessions Monday — Friday 4 hours daily 20 hours Saturday or Sunday performance at end of session - 4hours Session 1 Children age 8-12 Session 2 Children age 13-17 2 Adult Workshops 15 hours dates to be determined Session 1 - Writing for theatre Session 2 — Performance workshop for poetry COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Consideration of Calling a Special Election or Appointment to Fill a Vacancy on the City Council RECOMMENDATION: As directed by Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Calling a special election will result in the expenditure of approximately $30,000 General Fund Reserves to reimburse the County for holding a special election and printing ballot materials. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Councilman Ron Perkins tendered his by letter on February 2, 2006. Mr. Perkins' seat is up for election at the November 7, 2006 general election. Government Code section 36512(b) requires that once a vacancy occurs, "the council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy." This code that the City Council take action by no later than March 4, 2006 provision requ ires (which is a Saturday). The Council has two options: 1 . The Council may call a special election; or 2. The Council may appoint a replacement. If the Coun cil chooses to call a special election then the "special election shall be on the next regularly scheduled election date not less than 114 days from th held The next regularly call of the special election." (Gout. Code § 36512(b).) special election on June 6, scheduled election is June 6, 2006. In order to hold the he Council must act no later than the February 21, 2006 regular meeting 2006 t the y To facilitate the possibility that the Council may chose this d do , adopted Attorney's office has prepared several Resolutions that would to call a special election. A special election would require the City to spend General Fund resou e es ecttonpay If the County for ballot material costs and the costs of holding the numberial of votes a special election is held, the candidate receiving the highest would be elected to serve the remainder of Mr. Perkins' term, which is set expire foliog win g certification and swearing in of the person elected at the November at 2006 general election. If there is a tie vote among the two highest vote -getters aoff the June 6 special election, then the City Council would need to c allelection. One of the attached resolutions relates to that contingency. Alternatively, I the Council may appoint someone to fill the vacancy created by Mr. Perkins'resignation. There is no specified procedure for appointing a replacement;resident of La g however, the person appointed must be a registered voter and a Perk Perkins' term. Quinta. The person appointed would serve the remainder of Mr. e2s' term. 006 The Council could, at its option, appoint a replacement at the February meeting or could schedule a special meeting(s) (but such meeting could not be held lat er than March 6, 2006) to consider and/or interview a replacement. To fscoff ce the ossibility that the Council mitate ay chose this option, the City Attorney p has prepared a Resolution that will need to be adopted. Either aqe event ction re uires that a majority of the quorum (3 of 4 Council members) take ac tion. In the event that a majority consensus cannot be reached (or in t f Iled b that a motion dies for lack of second), then the vacancy would remain un virtue of an inability to obtain a majority vote. 2 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Resolutions of the City Council calling a special election for June 6, 2006 to fill the Council vacancy and taking other action required to hold the special election; or 2. Adopt a Resolution of the City Council to fill the remaining term by appointment of a replacement; or 3. Direct staff to notice a special meeting for the consideration and/or interview a replacement and further direct the City Clerk to receive applications or resumes from interested persons; or 4. Provide staff with alternative direction. Respectfully submitted, Ai Thomas P. Genovese, City Manager Resolutions: 1 . Resolution Calling Special Election 2. Resolution Adopting Regulations for Candidates and the Preparation of Candidate Statements 3. Resolution Calling Special Run off Election in Event of Tie Vote 4. Resolution Filling Vacancy by Appointment 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE ELECTION TO HELD ON JUNE 6, 2006, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of La Quinta called a special municipal election to be held on June 6, 2006, for the purpose of filling a vacancy on the City Council of the City of La Quinta to complete a term of office which ends November 7, 2006; and WHEREAS, it is desirable that the special municipal election be consolidated with the statewide election to be held on the same date, and that within the city precincts, polling places and election officers of the two elections be the same, and that the county elections department of the County of Riverside canvass the returns of the special municipal election and that the election be held in all respects as if it were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of section 10403 of the Elections Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a special municipal election with the statewide election on Tuesday, June 6, 2006, for the purpose of filling a vacancy on the La Quinta City Council for the term of office which ends November 7, 2008. SECTION 2. That the county election department is authorized to canvass the returns of the special municipal election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election period. 2156/015610-0002` 681352.01a02/02/06 SECTION 4. That the City of La Quinta recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors in the county election department of the County of Riverside. SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON Mayor of the City of La Quinta, California ATTEST: CITY CLERK of the City of La Quinta, California , 2006. �r. 2 156/0 156 10-0002 681352.01 a02/02/06 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that Resolution No. was adopted at a regular meeting of the City Council of the City of La Quinta held on the 21 st day of February, 2006, by the following vote: AYES: NOES: ABSENT: CITY CLERK of the City of La Quinta, California Approved as to form: City Attorney 2156/015610-0002 081352.01 a02/02/06 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, JUNE 6, 2006 WHEREAS, section 13307 of the Elections Code of State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for municipal election, including costs of candidate statements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. General Provisions. That pursuant to section 13307 of the Elections Code, each candidate for elective office to be voted for at a special election to be held in the City of La Quinta on June 6, 2006, may prepare a candidate statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualification expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in type -written form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:30 p.m. of the next working day after the close of the nomination period. SECTION 2. Foreign Language Policy. (a) Pursuant to the federal Voting Rights Act of 1965, section 203, the City is required to translate candidate's statements into the following languages: Spanish. (b) The City Clerk shall cause all candidate's statements to be translated into the languages specified above, and these translations shall be made available upon request in the City Clerk's office. SECTION 3. Payment. 2156/0 l 5610-0002 681349.01 a02,13/06 (a) The candidate shall be required to pay for the cost of printing the candidate statement in English in the voter pamphlet. (b) The candidate shall be required to pay the cost of translating the candidate's statement into any required foreign language as specified in Section 2 above, pursuant to state and federal law. (c) The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language in the voter's pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate statement filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Right Act of 1965, and require each candidate filing a statement to pay in advance to the local agency his or her pro rata share of estimated costs as a condition of having his or her candidate statement included in the voters pamphlet. The estimated costs is just an approximation of the actual cost that varies from election to another election, may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense, which the candidate shall be obligated to pay or refund any excess paid, depending on the final actual cost. In the event of underpayment, the City Clerk shall require a candidate to pay the balance of the cost incurred within 30 days of notice of underpayment. In the event of overpayment, the City Clerk shall refund the excess amount paid within 30 days of the election. SECTION 4. Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. The City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nominating petitions are issued. SECTION 6. All previous resolutions establishing City Council policy on payment for candidate statements are repealed. SECTION 7. This resolution shall apply only to the election to be held on June 6, 2006, and then shall be repealed. SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON , 2006. 2156/015610-0002 i 681349.01 a02/13/06 Mayor of the City of La Quinta, California ATTEST: CITY CLERK of the City of La Quinta, California 2156/015610-0002 681349.01 a02/13/06 �� STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that Resolution No. was adopted at a regular meeting of the City Council of the City of La Quinta held on the day of 2006, by the following vote: AYES: NOES: ABSENT: CITY CLERK of the City of La Quinta, California Approved as to form: City Attorney 2156/015610-0002 681349.01 a02/13/06 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICE IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION WHEREAS, section 15651 (b) of the Elections Code authorizes the City Council, by majority vote, to adopt provisions to require the conduct of a special runoff election to resolve a tie vote involving those candidates who receive an equal number of votes and the highest number of votes for an elective office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA RESOLVES, AS FOLLOWS: SECTION 1 . That pursuant to section 15651 (b) of the Elections Code, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the City, there shall be held within the City a special runoff election to resolve the tie vote. A special runoff election shall be called and held on a Tuesday not less than 40 and no more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. SECTION 2. That this resolution shall apply only to the election to be held on June 6, 2006, and shall be repealed. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON Mayor of the City of La Quinta, California ATTEST: , 2006. r 2156/015610-0002 681351.01 a02/13/06 CITY CLERK of the City of La Quinta, California 2 156/0 15610-0002 681351.01 a02/13/06 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that Resolution No. was adopted at a regular meeting of the City Council of the City of La Quinta held on the day of , 2006, by the following vote: AYES: NOES: ABSENT: CITY CLERK of the City of La Quinta, California Approved as to form: City Attorney 2156/015610-0002 681351.01 a02/13/06 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, FILLING THE VACANCY ON THE CITY COUNCIL BY APPOINTMENT, AS PERMITTED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CITIES, SPECIFICALLY, WITHOUT LIMITATION, GOVERNMENT CODE SECTION 36512(b) WHEREAS, a vacancy in the office of the City Council was created by the resignation of Ron Perkins on February 2, 2006; WHEREAS, the term of the office in which the vacancy occurs ends following certification of the November 7, 2006 election and swearing in of the candidate receiving the highest number of votes; WHEREAS, Government Code section 36512(b) states that "the council shall, within 30 days of the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy;" WHEREAS, filling a vacancy on the City Council by special election for a term that would expire shortly after the November 7, 2006 election would incur significant costs to the City in connection with the preparation of ballots and candidate statements and such replacement would hold office for, at most, only 5 months; WHEREAS, the Council has considered those qualified to be appointed at an open meeting; and WHEREAS, it is the intent of the City Council to save taxpayer money and not incur costs to hold a special election for such a short period of time. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1 . That pursuant to Government Code section 36512(b), the City Council hereby appoints to serve the remaining unexpired term of Ron Perkins, which unexpired term shall terminate following certification of the November 7, 2006 election and swearing in of the candidate receiving the highest number of votes. z 156/015610-0002 Sn. C dJ 681354.01 A2, l6/06 SECTION 2. That the City Clerk shall certify to the passage and adoption of this Resolution and enter into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON , 2006. Mayor of the City of La Quinta, California ATTEST: CITY CLERK of the City of La Quinta, California 2 156/015 610-0002 681154.01 a02/16/06 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that Resolution No. was adopted at a regular meeting of the City Council of the City of La Quinta held on the day of , 2006, by the following vote: AYES: NOES: ABSENT: CITY CLERK of the City of La Quinta, California Approved as to form: City Attorney 2156/015610-0002�`- 681354.01 a02/16/06 / T LW,C&IT 4 GF �ti5 AGENDA CATEGORY: OF BUSINESS SESSION: COUNCIL/RDA MEETING DATE: February 21, 2006 CONSENT CALENDAR: Consideration of Selection of a Representative to the Chamber of Commerce Workshop Information Exchange Committee RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Approve the selection of a member of the City Council to serve for three consecutive meetings of the Chamber of Commerce Workshop Information Exchange Committee. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: city Council has established a policy of appointing one of the members to serve on the Chamber Workshop Information Exchange Committee for three consecutive Council Member Osborne was the last Council appointee to this Committee and has attended three meetings. The rotation of appointees has been aso Council Member Osborne (9/20/05) Council Member Stan Sniff (3/1 5/05) Mayor Adolph (7/20/04) Council Member Henderson (1 /6/04) Council Member Osborne (5/6/03) Council Member Perkins (1 1 /19/02) Council Member Sniff (3/5/02) Mayor Pena (9/18/01) Council Members Perkins (2/20/01) Council Member Adolph (9/19/00) Council Member Henderson (2/1 /00) Council Member Sniff (8/3/99) In order to continue this policy, a new Council representative should be appointed at this time. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a new Council Member as a representative to the Chamber of Commerce Information Exchange Committee Workshop; or 2. Do not appoint a Council Member representative; or 3. Continue this for further consideration; or 4. Provide staff with alternative direction. Respectfully submitted, 7 YF �' DouglasR� . Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager 4 cu OF COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Consideration of City Council Standing Committee Assignments RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Select representatives of the City Council to serve on various committee posts previously held by former Council Member Ron Perkins. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On February 2, 2006, Council Member Perkins resigned from the City Council. He served as the Cit 's representative for several outside agency committees, including: Coachella Valley Mosquito and Vector Control District (meets second Tuesday of each month at 7:00 p•m,) This is a four-year term; the current term expires on June 30, 2008 CVAG Public Safety Committee (meets second Monday of each month at 10:00 a.m.) Terry Henderson is the Alternate CVAG Transportation Committee month at 12:00 p.m.) (meets second Monday of Terry Henderson is the Alternate Alternate member of the CVAG Human & Community Resources Committee (meets fourth Wednesday of each month at 12:00 p.m.) Lee Osborne is the Primary Member ill inform the various agencies of the changes. Once selections have been made, staff w FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Select representatives of the City Council to serve on various committee posts previously held by former Council Member Ron Perkins; or 2. Do not select representatives of the City Council to serve on various committee posts previously held by former Council Member Ron Perkins; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell, Acting City Clerk Approved for submission by: r Thomas P. Genovese, City Manager 2 CV G� OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 21, 2006 BUSINESS SESSION: 1 ITEM TITLE: Consideration of Mid -Year Budget Report for Fiscal Year 2005/06 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve new Appropriations, totaling $1, 028, 931 from the General Fund and $328,144 from other funds City Funds, as outlined in Attachment No 's.1 and 2 of this Report. Approve new estimated revenues totaling $628,496 for the General Fund and $4,090,643 from other City Funds as outlined in Attachment No's.1 and 2 of this Report. Receive and file the Mid -Year Budget Report. FISCAL IMPLICATIONS: The Mid -Year Budget Report involves a financial assessment of City operations presented to the Council during the fiscal year. This report provides information on the General Fund and selected other funds, operations, capital projects and requests for budget transfers and/or new appropriations. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A comprehensive report is prepared annually at mid -year to inform the City Council of the financial position of the City and expenditures to date as compared to the Budget as established by the City Council. This analysis provides the Council the opportunity to monitor year-to-date revenues and expenditures and make mid -course adjustments necessary as the result of modified program requirements. Analysis and Fiscal Impacts For the most part, expenditures are distributed evenly throughout the fiscal year. At mid -year, December 31, 2005, it is expected that 30.36% of the funds budgeted will have been expended. Revenues, for a variety of reasons (such as Sales Tax reporting lag and seasonal Transient Occupancy Tax), tend to be received unevenly throughout the year. In order to provide a more accurate comparison of revenues and expenditures at mid- year, selected revenuesm have been accrued to reflect the month they were earned. For some of these revenues, the estimate for the remainder of the year was completed by utilizing a weighted average analysis taking into consideration that certain expenditures are made entirely at the beginning of the fiscal year (e.g. insurance payments), while others may be made at certain times of the year. If revenues were received in the month they were earned, the earned figure reflects how much would have been collected in the first six months. Major expenditures such as law enforcement and fire safety have also been accrued to reflect a six- month cost. The year-to-date General Fund revenue/expenditure status is as follows: V CIY GRPIL FU1r✓ 1) (2) (2)/(1)=(3) 4 (4 /(1 =(5) (6) (6)/(1)=(7) 05/06 Est Year End 12/31/05 Actual 12/31/05 Earned Year End Seasonaliz ed Variance Description Budget YTD Actual % Earned % Estimate I % I over (under) Revenue $28,630,195 $11,540,331 40.31% $14,257,892 49.80% $34,504,448 120.52% $5,874,253 Expenditure - A 30,355,229 9,217,249 30.36% 12,881,804 42.44% 29,828,065 98.26% �527,164) Revenue Over (Under) Expenditure ($1,725,034) $2,323,082 $1,376,089 $4,676,383 $6,401,417 (A) - Budget includes FY 04/05 carry over appropriations and encumbrances of $1,069,667, mid year requests of $1,028,931 and other requests from July1 to December 31 st - (1)For the purposes of this report certain revenues have been selected due to their cyclical nature and/or their significance to the overall revenue picture. The following revenues have been selected to be accrued and the applicable analysis regarding these revenues is provided as Attachment 2: Sales Tax; Property Tax; Tax Increment; Transient Occupancy Tax; Motor Vehicle In Lieu Tax; and interest revenue. In addition, the revenue and expenditure summaries from July to December are included in Attachment 2 as support. ,r 2 Based on the accrued revenues at mid -year, the General Fund revenue is showing signs of exceeding the budget estimate at year-end by approximately $5,874,253. The General Fund's improvement is due to substantial activity in one-time local construction licenses, fees and permits of $1,750,000, an increase of $1,975,000 in fees from development, an increase of $965,000 in Vehicle License fees, an increase of $625,000 in Sales Taxes, an increase of $265,000 in interest income, an increase of $142,000 in document transfer tax revenue, an increase of $134,000 in franchise fees, an increase of $28,000 in CSA 152 funding, and a decrease of $(9,000) in miscellaneous revenues. With mid -year adjustments, including new General Fund appropriations in the amount of $1,028,931 (detail provided on Attachment 1 and 2). It is projected that the General Fund's expenditures will be $527,164 less than budgeted. As a result, revenue will exceed expenditures by $6,401,417 at the end of the fiscal year. Revenue General Fund Revenue As indicated in the chart below, the General Fund actual revenues are at 40.31 % for mid -year. Earned or accrued revenues are 49.80%, as identified on the chart on the previous page. Since the City's revenue is seasonalized (i.e., Sales Tax, Transient Occupancy Tax) and we receive approximately 60% of our revenue in the second half of the year, the year end estimate exceeds the budget by 20.52%. Provided as part of Attachment 3 is the December 31, 2005, General Fund Revenue detail for the City. GENERAL FUND REVENUE SUMMARY Description (1) Budget (2) 12/31 /05 YTD Actual % Taxes $15,980,500 $5,903,144 36.94% License & Permits 1,093,200 1,529,989 139.96% Fees 1,461,600 1,937,858 132.58% Intergovernmental 6,681,873 504,999 7.56% Interest 2,747,400 1,622,861 59.07% Miscellaneous 7,200 4,136 57.44% Transfer in 658,422 37,339 5.67% TOTALS $28,630,195 $11,540,326 40.31 % Many municipal revenues are not collected evenly over a 12-month period. Property taxes and other revenues (such as State subventions) are often subject to distribution schedules that are not on a month -to -month basis. Even revenue that is collected more uniformly may also be subject to seasonal highs and lows (such as Transient Occupancy Tax) that would impact year-to-date benchmark percentages. f�a 3 Taxes Overall, General Fund Tax revenues are at 36.94% of the budget estimate. The majority of Property Taxes is received from the County in January and May, and therefore, is shown as minor receipts at mid -year. It is estimated that Sales Taxes will increase by $625,000 over the budgeted levels, and taxes, other than Transient Occupancy Tax, will increase by $275,000. Transient Occupancy Taxes are estimated to remain near the budgeted amount of $4,108,300. Licenses, Fees & Permits Development activity has been higher than the budget estimate. Revenue in the License and Fee category and Permit category is approximately 139.96% and 132.58%, respectively, of the budget estimate as of December 31, 2005. It is anticipated that the City will receive approximately $3.75 million over the budget estimate of $2.56 million by the year end for these two categories. Expenditures General Fund Expenditures The General Fund expenditures are summarized in the chart below. City-wide General Fund expenditures are at 30.36% of budget. Earned or accrued expenditures are 42.44% of budget. Included as part of Attachment 4 is the December 31, 2005 General Fund Expenditure Summary. The year-end estimate for FY 05/06 reflects expenditures to be approximately at the current budget. F t-_%C1k1CDA1 ci KIn PYDFAInITI MF SUMMARY 12/31 /04 Description Budget YTD Actual % Personnel 7,424,050 3,314,052 44.64% Service/Supply 21,701,038 7,1601479 33.00% Capital Outlay 330,600 11,706 3.54% Reimbursed expenditures (4,084,824) (1,578,989) 38.66% Transfer Out 306,017 147,153 48.09% TOTALS $25,676,881 $9,054,401 35.26% The mid -year Personnel Expenditures are at 43.55%, and it is projected that year-end expenditures will be approximately 95% of the budget estimate. These savings are accounted for by vacancies in the organization. Total operating services/supply expenses for the City are at 27.64%. The primary reason for this reduced percentage (lower than 50%) is due to City-wide reduced El expenditures in the first half of the fiscal year primarily made up of Police service billing delays of $1,500,000 and the accrual of one-half of fire services costs of $2,164,555. It is anticipated that the second half (January to June) overall expenditures will be greater and operating expenses will be closer to budgeted levels. Developer Impact Fee Program The Developer Impact Fee program revenues collected for the first six months are summarized in the following table: DEVELOPER IMPACT FEE REVENUE SUMMARY 1 Estimated 03/04 Year End Prior Year 12/31/03 Actual Year End Year End Variance 12/31/02 Percent Change Description Budget YTD Actual % Estimate % over (under) YTD Actual Change $ __Transportation Park & recreation $602,300 251,000 $1,246,066 467,074 206.88% 186.09% $1,547,216 592,574 256.88% 236.09% $944,916 341,574 $530,591 181,809 191.60% 225.93% $715,475 _285,265 Civic center 204,200 271,387 132.90% 373,487 182.90% 169,287 151,817 146.01 % 119,570 Library development Community center 112,500 57,200 195,644 85,304 173.91 % 149.13% 251,894 113,904 223.91 % 199.13% 139,394 56,704 84,408 37,652 198.42% 202.52% 111,236 47,652 Street facility 9,400 17,654 187.81 % 22,354 237.81 % 12,954 8,211 172.24% 9,443 Park facility Fire Tax 3,000 33,100 5,214 77,132 173.79% 233.03% 6,714 93,682 223.79% 283.03% 3,714 60,582 1,917 31,686 250.22% 195.66% 3,297 45,446 Count Libra DIF 204,100 202,186 99.06% 201,500 98.73% 2,600 0 0.00% 202,186 Totals $1,476,800 $2,567,660 173.87% 1 $3,203,324 1 216.91% 1 $1,726,524 $1,028,091 211.58% $1,539,569 The chart projects actual Developer Impact Fee revenues to be 166.60% of budgeted revenues. The General Fund request for mid -year additional appropriations and revenues outlined in Attachment 1 is as follows: Summary by Department: Revenue Expenditures Net Finance $ 16,632 16,632 Building & Safety 290,595 290,595 Public Safet 142,940 142,940 - Community development 31,337 224,264 192,927 Public works 16,719 354,500 337,781 Unallocated 437,500 1 437,500 Subtotal $ 6289496 1 $ 1,028,931 $ (400,435) In addition to the requested appropriations, staff is also recommending increasing revenues for mitigation measures collections by $437,500, AB939 by $31,337, and County of Riverside Grant by $16,719. These amounts, totaling $485,556, were actually collected through December 31, 2005 and will offset the additional request for appropriations. An additional, $142,940 has also been added for carryover Indian Gaming Grant funds from FY 04/05. Personnel Actions Included within the $1,028,931 General Fund requests are the following mid -year personnel requests, which are for salaries and fringe benefits. Position Department FY 05/06 Annual Costs Counter Technician Building & Safety $20,595 $ 82,380 Senior Account Clerk Finance 16,632 66,527 Principal Planner Community Development 28,264 113,057 Assistant Planner Community Development 21,795 87,179 Office Assistant Community Development 14,455 57,820 The total amount of the mid -year personnel requests for FY 05/06 is $101,741. Summary As identified in the report, it is projected that the City's General Fund revenues will exceed expenditures by approximately $6,401,417 after mid -year appropriations. This excess is due in large part to increased revenue collections in the first six months of the year, and conservative spending. It is recommended that any anticipated excess of revenues over expenditures be utilized to increase the City's emergency and cash flow reserves. This action will be consistent with the Fiscal Management Strategy. Attachment 5 provides revenue and expenditure detail for all funds. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve new Appropriations, totaling $1,028,931 from the General Fund and $328,144 from other funds, as outlined in Attachment No.1 and 2 of this Report; and approve new estimated revenues of $628,496 from the General Fund and $4,090,643 from other funds as outlined in Attachment No.1 and 2 of this Report; and receive and file the Mid -Year Budget Report; or 2. Do not approve new Appropriations, totaling $1,028,931 from the General Fund and $328,144 from other funds, as outlined in Attachment No.1 and 2 of this Report; and do not approve new estimated revenues of $628,496 from the General Fund and $4,090,643 from other funds as outlined in Attachment No.1 and 2 of this Report; and do not Receive and file the Mid -Year Budget Report; or 14 3. Provide staff with alternative direction. Respectfully submitted, a 1 John M. Falconer, Finance Director Approved for submission by: r. Thomas P. Genovese, City Manager Attachments: 1. Mid -year Budget Review Worksheet 2. Mid -year Budget Review Worksheet Detail 3. General Fund Revenues detail 4. General Fund Expenditure Detail 5. Revenues/Expenditures Detail for all Funds 1 II ATTACHMENT City of La Quinta Mid -Year Review Budget Worksheet Appropriations Summary by Fund: Existing items ::::N:ew items Total General Fund $ 927,190 $ 101,741 $ 1,028,931 Equipment Replacement 34,000 - 34,000 Information Technology 14,000 14,000 SilverRock 51,144 51,144 Park & Recreation DIF 110,000 110,000 Library Fund 82,000 82,000 Fire DIF 37,000 37,000 Totals $ 1,241,334 $ 115,741 1 $ 1,357,075 Summary by Department: Revenue Expenditures Net Finance $ 16,632 (16,632) Building & Safety 290,595 (290,595) Public Safety 142,940 142,940 - Community development 31,337 224,264 (192,927) Public works 16,719 354,500 (337,781) Unallocated 437,500 437,500 Subtotal $ 628,496 $ 1,028,931 $ (400,435) Other Revenue Expenditures Net Equipment Replacement $ 34,000 $ (34,000) Information Technology 14,000 (14,000) SilverRock 51,144 (51,144) Gas tax 44,817 44,817 Quimby 3,909,315 3,909,315 Infrastructure 19,400 19,400 Congestion Management (50,597) (50,597) Transportation DIF 98,700 98,700 Park & Recreation DIF 110,000 (110,000) Library Fund 82,000 (82,000) Fire DIF 37,000 (37,000) Civic Center DIF 50,000 50,000 Art in Public Places 15,400 15,400 Assessment District 2000-1 3,608 3,608 Subtotal $ 4,090,643 $ 328,144 $ 3,762,499 Total $ 4, 719,139 $ 1, 357, 075 $ 3,362,064 U rn (D O O c o m E Q 0 0 a) O 0 0) U 0 u m n Fla m a� E U aci c (» E (D O > m Q U a) a > c c o o 0 n � 0 0 CC FD c >> > c Q O C O (D T c o (D X V-(D c O Y a) 'O -0 N N N m m O C (9 cD O C 7 fmn n ° m m a) Y m U a"i M N C c) C m cn L �j E c T .} p� C C •O "p O m m> O N v' a 0 C E o O> E U O L Q E O — c o O C .0 a) C U E C E 00 U N Q O n U C O m n m O O U a) U N C rn N N O 7 m O D O OU N N n Q O y N to d o oo E E O O ? w C -0 J -o N m .0 -O OU m U a) m a) Q L 7 N m a) to N X m m O p0 .0 O O N (D m aa)) aa)) �o C� w m a m U) U U) ° n 0 0? o f a E°� o o U- aUi o) o 0 o 0 a) O O .O m n 0 n N U N U ,w C C N C .D _O O` 7 C O C-0 0 c O C p_ .� L Dp m J fl n 3 @ o > q E d a aD m p_ E J U) O O m o o a 0 c D 0 -0 C On z D_ U) as c C a) C a) C N (n (n to N m m a) a) C L L > o) N 0 C C 0 a) C C 0 a) a) m a) m a) pE) C O U V) to U U ` (a m 0a n o O U) `� C 0 -O (0 U m m m m c U rn 0 0 0 U to U U) U m m m o (D w m (D a) m a a� fl am) U U o 0 0 C C F- F- F- `m U o U) U n U 0' C Z) U Q U 0 U M U a� C C C J C J C �' O O O O O O 0 0 0 C) 0 0 O O V V O O O O O O 0 0 0 In 0 (n O O O O O O O O O 000000000 to (D 0 0 0 0 0 0 m ()) O O O N LO 1— 0 00 0 h— O f-- LO p to 0 (n 0 0 N N O Lo O N N (j) O ,Y N I-- — r 0 N 0 O N M 6 E to Q m U C N V M N C?O O O On� N •- O O O N O M Ui p (h V r- M M (D U-)(V M a) N N N CO M M (n M M M V M V iD Z V V V N N N N N N O) (M M M M co (D (D (O (D (D M M M M M M M M If IT Y Y IT Y v v IT ITV_ 't v v ITY IT I V 3 p p N N (D (D V (DO O O C)m It CD O O O O O O (N N M '7 V LO to LO O O C)O O C)O O C) 0 0 0 0 0 0 0 U Q C) C)O C) O (D (() (n (D (n O C) ((? 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J LL E E E O O O m m m J J J O O O a n a aa)) ax ax m a) m a) m m C C C 0 0 0 0� Of 0 0 0 0 a O O O O M O O O O M W C) N N N to O O O Cl) Cl) M O 00 00 L Li n V 'IT V O O 0 0 0 0 0 0 0 Ln Ln LO N N N LL_ LL_ 0 0 LL L L a) J J LL Q) N Q) N N N C C C n a a x x x m m m (D a) ) c c c a) O O O U C 7 7 7 m m Y m a) a) a) a a a c N x x x : E W W W LL m U C J O) C X W a N 0 a) � N J LL L U C m E N a) a) U N 41 a o 0 d � > N a) m U c E m a) 0 10 L` Lo O co T O m I� 7 � C � C Q ' O m a) T C — E C T U p Q L m C (1) N L C O N > N c) (Cp N N O) C W j O 7 N � m LO Efl a) N T E _ m m C O o m L E o E c n Q o a Q , N a N ) C E N ci2cu : O U a L a� a) > -0 3 m T m O c d O m U O N m N m -O 06 c C cmm m N C O N a O CO O N m p) C 0 0 m O 0a) co O Q O� O O m C � O N CO a) J m N max) X QX) E U N L C a) O C C O C C _N OL m S Q c Q m� - Q Q LL m o o v n a) rn rn (D M L N �Ln (D(o Nov n oo n C a) o o (D (o ao v v v v Lf) 1- M N 7 O m Q a) C O O O O O O p O O O O � O Z V LIB m Cl) (` ) N N (D (p (D ON N N O N O O 0 0 0 O O C C C C =c U cu m m m C a, a a I o C N n m Q E fl C U U N O Q C w O U_ c`n N dQO a7 N N N N N N N a) a) Q lT C C O) m m C C C L L.L LL L.L L.L LL m C O - (YS a'S od 06 o6 2 N N N Q N N N N O g) Fa N a) Q m (n m (n c m m m m m m CO (n (n n U � c c m c c j m C 7 7 7 m N m c m CO-0� c _� m c c c m c O m c a) a) -O (1) -O a) a) (L) a) -O a) "O > c o? o f a a a D a D �-- w LL w LL LU w w LL L11 LL 2 LL p C N U N 7 LL O a u 3 Lcu Z Y W I C Op) E p N -O O C d t ad C m N V > () U a) y N N Um p yam.. m « H c E m m C N d 3 c Q) C 7 p m 5 c a) a) C) ' Z 'c° E E w Y m E x cm m LL U o c a (Na U U b Z p 04 M V C C .� N N N0 !n (D a) (D Q) N '6 y 11 ATTACHMENT 3 -q-+ gZ z O D FA � --ID cn m m m D O z � z m rn z D C ic r cn m c O oni _w K K O cnn � � o W � � � -1 � o a o v 0 o O Z -� E 05 o D m m C w '-c o o D 'i g 3 (n 3 rn v D ^� �' m D- m o CO �� r D � 3 fp 3 0 r O o' o r N Z o m m T m = m z D F) n (D <. m o cn � m 3 0 m w m m o o n m x-` m 0 c i Fr m c m m w < m m cn cn W 0 cn (n n Q 9 m n m m tp r 3 c X ci N (D — (nn � 0 m (<D r' m m O 3 w a (n a r- (D o (D 0 c < m m a O m z w C (D 7' in cn m m z m -� W D m r g O 0 v z N m 0 m m D D � r D m m z < A v O 17 m�-P co D m 3 '; -cn I cn 0 z -U m D � p cP. C v a � D n 3 m- ^- -. O-1 0� @ m N m mr- to (n 00 o a m D r 7' co 0. v o o' v m > > to (n n D zr= r o' FD. N n�i 3 a m (D Z c r m r cn T C) �' -� m x x v m fn m 3 v m-0 m o r m -o m n m D m � O, 0 W x w O Z mW3N� F m 3 m Z) m ,°7( N y c: c 3 -0 coo �� (n< cn 3 m m -� D r Qp rn U,l< m x v --I 3 v (D X o U) m x cr cn o' cn E» -� cj V A l _ O) N cn cn N A _ '� (D W CO N W W J O (T J (D W O N Q) W N J (p -� (p (n N _ _ _ _ N V W co Cn V O (,) W O V (T W C,J � (D OW _ 00 W "� A N W W A J N A N 0 p W W �p O O A N W O ja -� V O N J N (D W V U, --� O O) W d7 v m J ca 0) OD J J OD m (T O p O 0 W _W A O -� W (D O (T co N O - ' O D7 cn W (D O O O O Cn co G W W (D V a7 m O W A O O N W w N m? O V W W W (0 O O A N O (D N A (D O (D cn A '-' CD CL O O N 09 N j Q W N J W V N (D j U7 O (n O n O O N v 0) c)p co W cn J W W O N O O Q) O O CD cn O O O (D G N O O A W V A A d7 D7 N W W W O (WT W N 0) W W (n O N M W N V (D — (D (r N m N J W ( n J O W O J (n W v N A cD N (n rn N W W W N W W A J (T N -' D d. IV Ut W -' (^) O O N N V7 .p -+ J (J1 N J N (1� ('') J v W W OD J J to Ca W -n O W Q) SO �A O — W J O) " V W (D O O C. p1 N V -co(p O N W V �..� Q1 QD W �D W V (T W W M W W W A (D (D (D N 00 W cn A W m O W OD (li O A V W W W O O O (D O (l7 00 N O O A N O O N A O O OD cn co OD O O O (T -N y Q .0 m O O c o 0 0 o O ma) N 69 W W J W O V O) N ? N W _ N (D W O V A W A N N (D N O W W N OD N N N N W W V W V A pp W j M O- O (,D OD 00 Ut V O O O A m N = "'� O VA CP O cn A -V A 0 0 0 A N— O) - N W OD O V v V O N W O) CD W O) W N A N O- O A O V O U1 coW Oco co W -co O p O cn O ODLn j Q) co O N J O m O iD m 0 N cD (D (n W (n O O cn D, o0 M J (D (D V A O O O O U) (D N 0 o 0 0 p W p j o p o rn p O O W O O A O 8 p p m W p o rn o o O (D p D '.i m .p 00 00 V W N W V 0) V A N O 0 0 W O p m J J V W J (^) OD OD J N (D v A A m N Cn v W "'' W O (D OD W A W -4 O) -� L, W A A N J N (JD (It W W O c O O O N -_ O O 4� J W W- A W cn v N V W O (,,) V O W N O OD W A N J A N 4 � W W N W O A m OD O ? W O OOD N O) cn N 00 J v O ' p) .P CO O (D (p O W M p p O O O V N (D O A O O O W O O O O O O O O O O O N O 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O -� O O O O 0 0 0 0 0 0 O O O m O) co (D N O V O W O O O O O O O O O Z1 O) 41 j W O (J N 0 W O O V J c 0 Of Ou (D p p j W (a J cn o O Ui o O m N C rn (gyp W O) (D Q3 N 00 fV J m .� J W w N J N O J A (Ji N W N Ou N J W W O� A N W O A J U) O -� O Ja A (n J W (D C m O W W (WIi COW J N V ( 0 0 -� N J 0 A W O cn V N V Q1 j V O O) W 00 � A N V ? A A (Ji N (D W ((in - W A N OD O --+ A W OD O OD O O (JJ7 (N17 O J Ou N O) V (. O) 0) N) c' OD O v G L i Ul fJf O O-N N p O .A (D QO -4 N O O O N p (D O O � A O O p O p O O O O O N p O O O O O 0 0 0 0 O ( O C) C) O O O O O O 0 CD Lrl N O W O W O O O O O O O O O v co CY) ODN N pOj OD O) W O V W W J A W J (J) A A O W O A (T 'A O O 0 0 O O W� A W ? N O O Ln O O ;1 < X> ...I A O (J) (r 0 0 0 j 0 O 0 0 0 0 0 W A OD O O NO OD O? �� Oo A c z O N O) (D O O W A Ln j W p O O m O O N OO p D (n W OD .p N W J W J O W v z m n m v .� m 1 12 ATTACHMENT 4 9 6 v "- t `n D� ;a r m m z 0 -+ c p O T n n m � Z 4 coW W r' D ic -< m r 3 r O n c r m N n C n Z pm m z y m D T N O -n O r z O y 0 T mm mm � X -+ m m < z O m n 0 (-)(')0 m -n O D 0 c c n m r m m m m m n n m m m D D D_ D m c c O v K� r0 Z p c c Z n X X Z X � O O z c z Z z m W m A m n n D �m 0 � D D p� Cn z (n .. m D�- i r C) --i m z G� m n r r O O D r N c m C) z z D < Sp Ro z _� Z Di p 9 -u°0°g0 > I n z0KOw U)X -1 mzm O�OOm � m 0 X m� r -< m� 'r0 cn G O O H O D m 'i D D z u� p z om D < n D m m r N<- cc/) N 0000so D < z m 70 -1c n mv' r > > m r0 �U)ccoczi)Cznt � cG)O On �O m � � O O O mG)0-n O D z Z m -� m m z D Z Z X -i n y m r (n m � D cn c 0 O < m D D m m D -i m (n r c �u 0 r z �Fmmn� O z v 00 z O Z O O D m D m m z m D 0 z O r D cn m D r G) D r (n D U m n z cn z r O n f� —i -n m 9 T -i n O �_ cn cn O z X U) y Z O Z D z > > z D < � K z m mi O m zz z Cn C V) O N .-. J (T m W CT V Cn D) A W A N W CT -' O _.A O ro O O O .O V N w N p ca p A A W N W W O O J W DD V Ul N N W f O) A W A A A A V V m x N 7 CT W N A N co IV N A A co --+ CT CT CD V O Q) W A p w W O) W co CT O V co (T W O (T .Q� O W rQ au W O V a V -N O W N O CT (D CD w (n ('P CD W N W J O Cn W p w (D W N O V O O (O W A -• O O) A CT O O A O O V -� W N C, Cn N O W N N C A O CT W OD A Ui CD (T w 07 V -� N (T W (�D N V O J S m A T CT Cn O O w N m — cn A A O CT (T CD cT cT O CT T O O O O O D 0 C fD C. N O O N W N O O N N J CT O) OJ O W CT J (T m e A ONo N QO (T N N O N J W w O _ (D V f N W N O W 07 A m A A W N w O A (T OD O CD J .� co _' OD W (T W (D V (.J (T N N (T O) O) A W O A A A J J D 1 0. O C au 07 CT CD W W A N (D (T coV N W O W W O A W CO (T O V CO (T W CD CD Q) O O A O (^) N .00 (,) � N W co OI N ..WO A - (T CT COD O (.A) m O) ID � OJ A CT O m W W co v (T CT O (T v ri D) (D O) C) w O OD N O J O O O CT A O (3) A (T O O V W N (T N N (D W W N C. .Z% 09 cn N Cn CD _ _ m 10 O N A O O-A (O O O AA O N ( CD c 00(T 0 0 ( W W c m cn (D O O O O O W A (D O O (T N N -i (,) O O cn N A co N O(D W DOj O (D W Cn W p 0 N . OD <n v A f (.J -' w Cn W cn O A N -' W (D A V N Oo A N O) W N N A A A co w A -� J N O J V '� (D W CO -' CD O (mp 'G O O) -OD r1ico J W A N O) m (O (T w O O (p A J (n Cr A (T A N O � A A A N w W CO J CD A N (T O N N � W A A (P A -' W V V v V N O N CD co O v N O O _-A m A CT W N W N V O m V A O (D W co O D m W O Of W CT O m (AT V O A W O (D co W co N cCC)o O co W A O O J O � O A N co W CT CO m W OW N O W _ O uo Wj aDm O A— 0) W w O N N (N 'WN A --A p) O) CT ! (1 W A V O N (') O (v O W -4 fd1 JN W(DpC,,) c-00 U A N CO ((0 CC) A O W ((', W N w W O O O W A Cn aO)) U N N cop) co cn (T A C( w (O O A W Ili ( 00 W A (D (T CD 00 OD b O (T O com D (n (D CD cD C � cn N V O O Cn CT w 0 0 0 0 0 w O O O V J O O ^ V CT A CT O O � O (T (n O W N N W W cn O (n (p A W j CA CT OA coN 0) p) -co coO A (O A O) 00 O — — (T Cr m<-4 D Z1 ,Z1 CD W O ? O O W � O (D Cp [D (r A D "( AA A v •' A m Z 0 z m D CA N W N (P f f O) A (D W m W -+ N A N -• Cn O) _ Cn W O O W W C N 07 N A OD Co V _-� J O7 N A A CT N J CT (P W Cn O CD O N W A G7 A N O OD A W V W N (P A O (� C%7 OOD V (T W W W V (T O Off) A V A N A O Cl OD V O O V CT V O V 'p W (T A V N O CD N O A CD N V (D ci cnCO W (T A N (D (D OGD W Cn OWD W A co _� "'' CO W A A (T (D (T (0 J U) (D N O A Q) cn O Cb O V A N N A (T A W W N CP N N WCA O 13 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07101/2005 - 12/31/05 FUNDS BUDGET RECEIVED RECEIVED General $28,487,255.00 $11,540,328.77 40.50% Library 1,530,800.00 (981.94) -0.10% Gas Tax Revenue 628,617.00 394,789.23 62,80% Federal Assistance 517,307.00 306,663,69 59.30% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,700.00 100,321.87 99.60% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 201,142.00 180,714.93 89.80% Lighting & Landscaping 842,200.00 1,718.78 0.20% RCTC 2,056,829.00 209,290.26 10.20% Development Funding 180,000.00 0.00 0.00% Quimby 4,715,015.00 3,815,462.33 80.90% Infrastructure 20,000.00 10,224.10 51.10% Village Parking 0.00 0.00 0.00% South Coast Air Quality 42,200.00 23,432.22 55.50% Cmaq/Istea 0.00 0.00 0 00% Transportation 1,261,200.00 1,663,704.98 131.90% Parks & Recreation 446,000.00 421,122.61 94.40% Civic Center 306,000.00 299,979.05 98.00% Library Development 177,500.00 184,208.00 103.80% Community Center 54,600.00 82,864.81 151.80% Street Facility 48,000.00 30,318.43 63.20% Park Facility 12,000.00 5,799.30 48.30% Fire Protection Facility 74,500.00 86,868.00 116.60% Library Development (County) Facili 0.00 (0 46) 0.00% Arts In Public Places 120,500.00 169,209.14 140,40% Interest Allocation 0.00 (3,281.25) 0.00% Capital Improvement 73,517,806.00 12,485,829.40 17.00% Assessment District 2000-1 3,608.00 3,607.77 100.00% Equipment Replacement 397,000.00 365,365.06 92.00% Information Technology 443,000.00 435,888.27 98.40% Park Equipment & Facility 256,300.00 255,844.39 99.80% SilverRock Golf 3,720,155.00 887,093.47 23.80% SilverRock Golf 69,353.00 106.60 0.20% LQ Public Safety Officer 2,100.00 122.60 5.80% La Quinta Financing Authority 5,867,556.00 3,468,099.96 59.10% RDA Project Area No. 1 51,339,332.00 8,504,970.78 16.60% RDA Project Area No. 2 41,537,407.00 18,648,381.42 44.90% Total $218,977,082.00 1 $64,578,066,57 29.50% 14 CITY OF LA QUINTA EXPENDITURES -ALL FUNDS 07/01/2005 - 12/31/05 - BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT FUNDS General $30,355,229.00 $9,217,247.72 $503,212.96 $20,634,768.32 30.4% Library 1,352,978.00 145,242.25 0.00 1,207,735.75 10.7% Gas Tax 724,732.00 309,005.56 0.00 415,726.44 42.6% Federal Assistance 517,307.00 306,663.69 0.00 210,643.31 59.3% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 101 ,400.00 0.00 0.00 101 ,400.00 0.0% 0.0% Local Law Enforcement 0.00 344,082.00 0.00 37,338.85 0.00 0.00 0.00 306,743.15 10.9% Indian Gaming Lighting & Landscaping 842,200.00 421,099.96 0.00 421,100.04 50.0% RCTC 2,056,829.00 194,570.26 0.00 1,862,258.74 9.5% Development Agreement 0.00 0.00 161,300.19 0.00 0.00 0,00 483,832.81 0.0% 25.0% Quimby Infrastructure 645,133.00 721,353.00 226,285.65 0.00 495,067.35 31.4% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 26,600.00 4,857.80 0.00 21,742.20 18.3% Cmaq/lstea 0.00 0.00 0.00 0.00 0.0% Transportation 7,322,318.00 2,168,418.88 0.00 5,153,899.12 29.6% Parks & Recreation 223,358.00 64,758.58 0.00 158,599.42 29.0% Civic Center 3,350,291.00 102,076.48 0.00 3,248,214.52 3.0% Library Development 82,000.00 38,713.13 0.00 43,286.87 47.2% 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% Fire Protection 37,000.00 17,312.45 0.00 19,687.55 46.8% Library County DIF 0.00 0.00 0.00 0.00 0.0% Arts In Public Places 514,978.00 24,428.92 0.00 490,549.08 4.7% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 73,517,806.00 12,485,829.40 51,034.10 60,980,942.50 17.0% Proposed Assessment DiE 0.00 0.00 0.00 0.00 0.0% Equipment Replacement 1,116,585.00 99,218.89 85,894.18 931,471.93 8.9% Information Technology 634,043.00 79,896.13 0.00 554,146.87 12.6% Park Maintenance Facility 0.00 0.00 0.00 0.00 0.0% SilverRock Golf 4,306,662.00 2,027,460.74 0.00 2,279,201.26 47.1 % Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authc 5,867,556.00 3,478,548.13 0.00 2,389,007.87 59.3% RDA Project Area No. 1 69,658,135.00 18,204,942.69 0.00 51,453,192.31 26.1% RDA Project Area No. 2 92,345,500.00 11,323,398.45 0.00 81,022,101.55 12.3% Total $296,664,182.00 $61,138,614.80 $640,141.24 $234,885,425.96 20.6% 15 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 07/01 /2005 - 12/31 /05 REMAINING BUDGET RECEIVED BUDGET TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigatioi Transient Occupancy Tax - Mitigat Franchise Tax TOTALTAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTALFEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 AB939 County of Riverside Grant County of Riverside Grant State of California Grant Fire Services Credit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 1,167,900.00 534,580.70 633,319.30 1,545,000.00 631,983.97 913,016.03 5,256,000 00 2,436,055.72 2,819,944.28 1,752,000.00 0.00 1,752,000.00 797,800.00 522,355.06 275,444.94 4,108, 1 00.00 1,156, 058.75 2,952,041.25 0.00 437,500.00 (437,500.00) 437,500.00 0.00 437,500.00 916,200.00 184,609.09 731, 590.91 15,980,500.00 5,903,143.29 10,077,356.71 274,100.00 105, 301.90 168,798.10 14,800.00 7,311.50 7,488.50 493,800.00 913,080.33 (419,280.33) 84,400.00 155,45&25 (71,050.25) 43,100.00 87,811.50 (44,711.50) 85,000.00 130,613.51 (45,613.51) 11,800.00 7,330.00 4,470.00 86,200.00 123 089.83 (36,889.83) 1,093,200.00 1,529,988.82 (436,788.82) 13,200.00 2,771.00 10,429.00 264,500.00 169,705.86 94,794.14 377,100.00 561,852.50 (184,752.50) 222,400.00 129,686.75 92,713.25 584,400.00 1,073,843.00 (489,443.00) 1,461,600.00 1,937,859.11 (476,259.11) 1,726,200.00 87,962.44 1,638,237.56 94,000.00 35,262.54 58,737.46 27,700.00 10,768.00 16,932.00 175,874.00 97,292.21 78,581.79 89,350.00 0.00 89,350.00 31,337.00 0.00 31,337.00 0.00 16,719.29 (16,719.29) 16,719.00 0.00 16,719.00 8,600.00 11,158.60 (2,55&60) 4,337,893.00 43,473.92 4,294,419.08 174,200.00 202 363.08 (28,163.08) 6,681,873.00 505,000.08 6,176,872.92 2,747,400.00 1, 622, 861.45 1,124, 538.55 7,149.00 4,146.32 3,002.68 0.00 0.00 0.00 0.00 0.00 0.00 51.00 (9.15) 60.15 7,200.00 4,137.17 3,062.83 515,482.00 37,338.85 478,143.15 28,487,255.00 11,540,328.77 16,946,926.23 16 07/01/2005 - 12/31/05 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 779,903.00 341,788 48 0.00 438,114.52 CITY MANAGER'S OFFICE 1,086,429.00 447,062,77 0.00 639,366.23 ECONOMIC DEVELOPMENT 1,195,868.00 641,629.12 0.00 554,238.88 PERSONNEL/RISK MGT 971,909.00 517,871.74 0.00 454,037.26 TOTAL GENERAL GOVERNMENT 4,034,109.00 1,948,352 11 0.00 2,085,756.89 CITY CLERK 530,379.00 256,321.76 0.00 274,057.24 TOTAL CITY CLERK 530,379,00 256,321 76 0,00 274,057,24 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 1,009,119.00 382,603.00 5,584.48 620,931.52 SENIOR CENTER 372,661.00 155,641.03 0.00 217,019.97 PARKS & RECREATION PROGRAMS 190,182.00 83,198.55 0.00 106,983.45 LIBRARY 843,605.00 117,506.94 0.00 726,098.06 TOTAL COMMUNITY SERVICES 2,415,567.00 738,949,52 5,584.48 1,671,033.00 FINANCE: FISCAL SERVICES 749,178.00 359,314.34 0.00 389,863.66 FISCAL SERVICES 16,632.00 0.00 0.00 16,632.00 CENTRAL SERVICES 480,682.00 249,545,70 68,521.89 162,614.41 TOTAL FINANCE 1,246,492.00 608,860.04 68,521.89 569,110.07 BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 343,081.00 164,728.61 0.00 178,352.39 BUILDING 951,179.00 641,080.25 0.00 310,098.75 BUILDING 245,595.00 0.00 0.00 245,595.00 CODE COMPLIANCE 660,374.00 281,590.05 0.00 378,783.95 CODE COMPLIANCE 20,000.00 0.00 0.00 20,000.00 ANIMAL CONTROL 395,986.00 134,937,06 0.00 261,048.94 ANIMAL CONTROL 25,000.00 0.00 0.00 25,000.00 CIVIC CENTER BUILDING -OPERATIONS 1,024,190.00 704,309.79 0.00 319,880.21 TOTAL BUILDING & SAFETY 3,665,405.00 1,926,645.76 0.00 1,738,759.24 PUBLIC SAFETY: POLICE SERVICES 7,988,288.00 1,293,595.98 52,148.50 6,642,543.52 POLICE SERVICES 142,940.00 0.00 52,148.50 90,791.50 FIRE 4,428,480.00 99,371.45 0.00 4,329,108.55 EMERGENCY SERVICES 33,650.00 11,055.19 0.00 22,594.81 TOTAL PUBLIC SAFETY 12,593,358.00 1,404,022.62 104,297.00 11,085,038.38 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 844,638.00 317,360.74 0.00 527,277.26 COMMUNITY DEVELOPMENT - ADMIN 174,205.00 0.00 52,148.50 122,056.50 CURRENT PLANNING 750,389.00 198,626.92 0.00 551,762.08 CURRENT PLANNING 50,059.00 0.00 52,148.50 (2,089.50) TOTAL COMMUNITY DEVELOPMENT 1,819,291.00 515,987.66 104,297.00 1,199,006.34 PUBLIC WORKS: (389,171.00) PUBLIC WORKS ADMINISTRATION 315,854.00 152,592.60 518.59 162,742.81 DEVELOPMENT & TRAFFIC 1,206,213.00 668,166.48 11,400.00 526,646.52 DEVELOPMENT & TRAFFIC 311,000.00 0.00 52,148.50 258,851.50 MAINT/OPERATIONS - STREETS 1,330,424.00 522,869.47 0.00 807,554.53 MAINT/OPERATIONS - STREETS 4,000.00 0.00 52,148.50 (48,148.50) MAINT/OPERATIONS - LTG/LANDSCAPING 1,938,880.00 744,434.59 0.00 1,194,445A1 MAINT/OPERATIONS - LTG/LANDSCAPING 19,700.00 0.00 52,148.50 (32,448.50) MAINT/OPERATIONS - PARK MAINTENANCE 1,079,651,00 582,493.61 0.00 497,157.39 MAINT/OPERATIONS - PARK MAINTENANCE 19,800.00 0.00 52,148.50 (32,348.50) CONSTRUCTION MANAGEMENT 661,417.00 341,998.23 0.00 319,418.77 TOTAL PUBLIC WORKS 6,886,939.00 3,012,554 98 220,512.59 3,264,700.43 TRANSFERS OUT 2,042,645.00 563,624.75 0,00 1,479,020.25 GENERAL FUND REIMBURSEMENTS (4,878,956.00) (1,758,071,48) 0.00 (3,120,884.52) NET GENERAL FUND EXPENDITURES 30,355,229.00 9,217,247.72 503,212.96 20,634,768.32 17 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET LIBRARY: County of Riverside 1,527,800.00 0.00 1,527,800.00 Contributions 0.00 000 0.00 Interest 3,000.00 (981.94) 3,981.94 TOTAL LIBRARY 1,530,800.00 (981.94) 1,531,781.94 GAS TAX REVENUE: Section 2105 189,300,00 111,792.73 77,507.27 Section 2106 147,000.00 77,578.05 69,421.95 Section 2107 233,700.00 151,507.37 82,192.63 Section 2107.5 6,200.00 6,000.00 200.00 Traffic Congestion Relief 0.00 44,816.95 (44,816.95) Traffic Congestion Relief 44,817.00 0.00 44,817.00 Interest 7,600.00 3,094.13 4,505.87 TOTAL GAS TAX 628,617.00 394,789.23 233,827.77 FEDERAL ASSISTANCE REVENUE: CDBG Grant 517,307.00 306,663.69 210,643.31 Interest 0.00 0.00 0.00 TOTAL FEDERAL ASSISTANCE 517,307.00 306,663.69 210,643.31 URBAN FORESTRY Grant Revenue 1,100.00 0.00 1,100.00 Interest 0.00 0.00 0.00 TOTAL URBAN FORESTRY 1,100.00 0.00 1,100.00 SLESF(COPS)REVENUE: SLESF (Cops) Funding 100,000.00 100,000.00 0.00 Interest 700.00 321.87 378.13 TOTAL SLESF (COPS) 100,700.00 100,321.87 378.13 LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 0.00 0.00 0.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LLEBG 0.00 0.00 0.00 INDIAN GAMING Grant revenue 198,942.00 177,250.00 21,692.00 Interest 2,200.00 3,464.93 (1,264.93) TOTAL INDIAN GAMING 201,142.00 180,714.93 20,427.07 LIGHTING & LANDSCAPING REVENUE: Assessment 842,200.00 1,718.78 840,481,22 Developer 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL LIGHTING & LANDSCAPIN 842,200.00 1,718.78 8401481.22 RCTC RCTC Funding Transfer in TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures Interest Transfer in TOTAL DEV AGREEMENT QUIMBY REVENUE: Quimby Fees Quimby Fees Interest Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund Interest Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING 2,056,829.00 209,290.26 1,847,538.74 0.00 0.00 0.00 2,056,829.00 209,290.26 1,847,538.74 180,000.00 0.00 180,000.00 0.00 0.00 0.00 0.00 0.00 0.00 180,000.00 0.00 180,000.00 800,000.00 3,760,838.63 (2,960,838.63) 3,805,015.00 0.00 3,805,015.00 104,300.00 0.00 104,300.00 5,700.00 54 623.70 (48,923.70) 4,715,015.00 3,815,462,33 899,552.67 0.00 2,500.00 (2,500.00) 600.00 7,724.10 (7,124,10) 19,400.00 0.00 19,400.00 0.00 0.00 0.00 20,000.00 10,224.10 91775.90 0.00 0.00 &00 0.00 0.00 0.00 CITY OF LA QUINTA REMAINING ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 39,900.00 21,608.83 18,291.17 MSRC Funding 0.00 0.00 0.00 Street Sweeping Grant 0.00 0,00 0.00 Interest 2,300.00 1,823.39 476.61 TOTAL SCAQ 42,200.00 23,432.22 18,767.78 CMAQ/ISTEA CMAQ/ISTEA Grant 50,597.00 0.00 50,597.00 CMAQ/ISTEA Grant (50,597.00) 0.00 (50,597.00) Interest 0.00 0.00 0.00 TOTAL CMAQ/ISTEA 0.00 0.00 0.00 TRANSPORTATION Developer fees 1,096,200.00 1,581,671.54 (485,471.54) Interest 66,300.00 82,033.44 (15,733.44) Interest 98,700.00 0.00 98,700.00 Transfer in 0.00 0.00 0.00 TOTAL TRANSPORTATION 1,261,200.00 1,663,704.98 (402,504.98) PARKS & RECREATION Developer fees 446,000.00 418,670.00 27,330,00 Interest 0.00 2,452.61 (2,452.61) Transfer in 0.00 0.00 0.00 TOTAL PARKS & RECREATION 446,000.00 421,122.61 24,877.39 CIVIC CENTER Developer fees 256,000.00 273,315.60 (17,315.60) Interest 0.00 26,663.45 (26,663.45) Interest 50,000.00 0.00 50,000.00 Transfer in 0.00 0.00 0.00 TOTAL CIVIC CENTER 306,000.00 299.979.05 6,020.95 LIBRARY DEVELOPMENT Developer fees 177,500.00 184,208.00 (6,708.00) Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 177,500.00 184,208.00 (6,708.00) COMMUNITY CENTER Developer fees 37,000.00 72,954.00 (35,954,00) Interest 17,600.00 9,910.81 7,689.19 TOTAL COMMUNITY CENTER 54,600.00 82,864.81 (28,264.81) STREET FACILITY Developer fees 44,100.00 28,029.47 16,070.53 Interest 3,900.00 2,288.96 1,611.04 TOTAL STREET FACILITY 48,000.00 30,318.43 17,681.57 PARK FACILITY Developer fees 11,000.00 5,237.00 5,763.00 Interest 1,000,00 562.30 437.70 TOTAL PARK FACILITY 12,000.00 5,799.30 6,200.70 FIRE PROTECTION FACILITY Developer fees 74,500.00 86,868.00 (12,368.00) Interest 0.00 0.00 0.00 TOTAL FIRE PROTECTION FACILI 74,500.00 86,868.00 (12,368.00) LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees 0.00 0.00 0.00 Interest 0.00 (0.46) 0.46 TOTAL LIBRARY DEV (COUNTY) 0.00 (0A6) 0.46 ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 157,678.40 (60,178.40) Arts in Public Places Credits Applied 0.00 0.00 0.00 Interest 15,400.00 0.00 15,400.00 Interest 7,600.00 11 530.74 (3,930,74) TOTAL ARTS IN PUBLIC PLACES 120,500.00 169,209.14 (48,709.14) INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 (3,281.25) 3,281.25 Transfer In 0.00 0.00 0.00 TOTAL INTEREST ALLOCATION 0.00 (3,281.25) 3,281.25 W1 CITY OF LA QUINTA REMAINING ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET CAPITAL IMPROVEMENT FUND: CVAG 23,413,062.00 4,255,162.04 19,157,899.96 CVWD 848,479.00 0.00 848,479.00 County of Riverside Surface Transportation Funding 0.00 472,800.00 0.00 19,170.00 0.00 453,630.00 City of Indio 2,847,122.00 0.00 2,847,122.00 DSUSD 82,656.00 0.00 82,656.00 SB300 Funding 0.00 0.00 0.00 0.00 0.00 0.00 RCTC SB821-Bicycle Path Grant 52,887.00 62,991.00 (10,104.00) State of California 373,575.00 0.00 373,575.00 APP Contribution Developer Agreement Funding 0.00 306,250.00 0.00 0.00 0.00 306,250.00 Litigation Settlements 0.00 0.00 0.00 Transfers in From Other Funds 45,120,975.00 8,148,506.36 36,972,468.64 TOTAL CIP REVENUE 73,517,806.00 12,485,829.40 61,031,976.60 ASSESSMENT DISTRICT 2000-1 0.00 3,607.77 (3,607.77) Interest Interest 3,608.00 0.00 3,608.00 Assessment Bond Proceeds 0.00 0.00 0.00 Prepayments -sewer assessments 0.00 0.00 0.00 Transfer in TOTAL ASSESSMENT DISTRICT 0.00 3,608.00 0.00 3,607.77 0.00 0.23 EQUIPMENT REPLACEMENT FUND: (12.00) Equipment Charges 331,300.00 331,312.00 Capital Contribution 0.00 0.00 0.00 Sale of Fixed Asset 0.00 0.00 0.00 Insurance Recoveries 0.00 0.00 0.00 Interest 65,700.00 34,053.06 31,646.94 Transfers In 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEME 397,000.00 365,365.06 31,634.94 INFORMATION TECHNOLOGY FUND: Charges for services 426,000.00 426,018.00 (18.00) Capital Contribution 0.00 0.00 0.00 Sale of Fixed Asset 0.00 0.00 0.00 Interest 17,000.00 9,870.27 7,129.73 Transfers In 0.00 0.00 0.00 TOTAL INFORMATION TECHNOL( 443,000.00 435,888.27 7,111.73 PARK EQUIPMENT & FACILITY Charges for services 250,000.00 250,000.00 0.00 Interest 6,300.00 5,844.39 455.61 Capital Contributions 0.00 0.00 0.00 TOTAL PARK EQUIPMENT & FAC 256,300.00 255,844.39 455.61 SILVERROCK GOLF Green fees 3,175,395.00 649,992.98 2,525,402.02 Range fees 34,470.00 13,881.00 20,589.00 Resident Card 52,500.00 13,525.00 38,975.00 Merchandise 245,790.00 89,694.49 156,095.51 Food & Beverage 12,000.00 0.00 12,000.00 Allocated Interest Income 0.00 0.00 0.00 Transfers In 200,000.00 120,000.00 80,000.00 TOTAL SILVERROCK GOLF 3,720,155.00 887,093.47 2,833,061.53 SILVERROCK GOLF RESERVE Interest 0.00 106.60 (106.60) Transfers In 69,353.00 0.00 69,353.00 TOTAL SILVERROCK GOLF 69,353.00 106.60 69,246A0 LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 0.00 2,000.00 Interest 100.00 122.60 (22.60) TOTAL LQ PUBLIC SAFETY 2,100.00 122.60 1,977.40 f �a 20 CITY OF LA QUINTA 07/01/2005 - 12/31/05 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 843,605.00 93,927.04 0.00 749,677.96 TRANSFER OUT 509,373.00 51 ,315.21 0.00 458,057.79 TOTAL LIBRARY FUND 1,352,978.00 145,242.25 0.00 1,207,735.75 GAS TAX REIMBURSE GENERAL FUND 583,800.00 291,900.00 0.00 291,900.00 TRANSFER OUT 140,932.00 17,105.56 0.00 123,826.44 TOTAL GAS TAX FUND 724,732.00 309,005.56 0.00 415,726.44 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 517,307.00 306,663.69 0.00 210,643.31 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 0.00 0.00 0.00 SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 101,400.00 0.00 0.00 101,400.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 201,142.00 37,338.85 0.00 163,803.15 TRANSFER OUT 142,940.00 0.00 0.00 142,940.00 TOTAL LIBRARY FUND 344,082.00 37,338.85 0.00 306,743.15 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 842,200.00 421,099.96 0,00 421,100.04 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 842,200.00 421,099.96 0.00 421,100.04 RCTC TRANSFER OUT 2,056,829.00 194,570.26 0.00 1,862,258.74 TOTAL RCTC 2,056,829.00 194,570.26 0.00 1,862.258.74 DEVELOPMENT AGREEMENT FUND REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL DEV AGREEMENT FUND 0.00 0.00 0.00 0.00 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 645,133.00 161,300.19 0.00 483,832.81 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND &00 0.00 0.00 0.00 TRANSFER OUT 721,353.00 226,285.65 0.00 495,067.35 TOTAL INFRASTRUCTURE 721,353.00 226,285.65 0.00 495,067.35 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 4,857.80 0.00 21,742.20 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SOUTH COAST AIR QUALITY 26,600.00 4,857.80 0.00 21,742.20 CMAQ/ISTEA TRANSFER OUT TOTAL CMAQ/ISTEA FUND 0.00 0.00 0.00 0.00 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 7,322,318.00 2,168,418.88 0.00 5,153,899.12 TOTAL TRANSPORTATION 7,322,318.00 2,168,418.88 0.00 5,153,899.12 PARKS & RECREATION INTEREST ON ADVANCE 0.00 51,648.58 0.00 (51,648.58) INTEREST ON ADVANCE 110,000.00 0.00 0.00 110,000.00 TRANSFER OUT 113,358.00 13,110.00 0.00 100,248.00 TOTAL PARKS & RECREATION 223,35&00 64,758.58 0.00 158,599.42 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,173.00 102,076.48 0.00 102,096.52 TRANSFER OUT 3,146,118.00 0.00 0.00 3,146,118.00 TOTAL CIVIC CENTER 3,350,291.00 102,076.48 0.00 3,248,214.52 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 0.00 38,713.13 0.00 (38,713.13) INTEREST ON ADVANCE 82,000.00 0.00 0.00 82,000.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 82,000.00 38,713.13 0.00 43,286.87 21 CITY OF LA QUINTA 07/01/2005 - 12/31/05 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION INTEREST ON ADVANCE 0.00 17,312.45 0.00 (17,312.45) INTEREST ON ADVANCE 37,000.00 0.00 0.00 37,000.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 37,000.00 17,312.45 0.00 19,687.55 LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY COUNTY DIF 0.00 0.00 0.00 0.00 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 0.00 0.00 3,500.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 282,758.00 24,428.92 0.00 258,329.08 TRANSFER OUT 226,920.00 0.00 0.00 226,920.00 TOTAL ART IN PUBLIC PLACES 514,978.00 24,428.92 0.00 490,549.08 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 72,486,328.00 12,323,611.40 51,034.10 60,111,682.50 PROJECT REIMBURSEMENTS TO GEN FUND 1,031,478.00 162,218.00 0.00 869,260.00 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 73,517,806.00 12,485,829.40 51,034.10 60,980,942.50 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL AD 2000-1 0.00 0.00 0.00 0.00 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 425,585.00 99,218.89 42,947.09 283,419.02 OPERATING EXPENSES 34,000.00 0.00 42,947.09 (8,947.09) TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,116,585.00 99,218.89 85,894.18 931,471.93 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 634,043.00 79,896.13 0.00 554,146.87 TOTAL INFORMATION TECHNOLOGY FUND 634,043.00 79,896.13 0.00 554,146.87 PARK MAINTENANCE FACILITY OPERATING EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK MAINTENANCE FAC 0.00 0.00 0.00 0.00 SILVERROCK GOLF OPERATING EXPENSES 4,186,165.00 2,027,460.74 0.00 2,158,704.26 OPERATING EXPENSES 51,144.00 0.00 0.00 51,144.00 TRANSFER OUT 69,353.00 0.00 0.00 69,353.00 TOTAL SILVERROCK GOLF 4,306,662.00 2,027,460.74 0.00 2,279,201.26 SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE 0.00 0.00 0.00 0.00 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 F, 22 LA QUINTA FINANCING AUTHORITY REVENUE DETAIL DEBT SERVICE REVENUE: Contractual Services Fees Non Allocated Interest Rental Income Transfer In TOTAL DEBT SERVICE CAPITAL IMPROVEMENT REVENUE: Pooled Cash Allocated Interest Non Allocated Interest TOTAL CIP REVENUE TOTAL FINANCING AUTHORITY REMAINING BUDGET RECEIVED BUDGET 15,000.00 0.00 15,000.00 0.00 (245.14) 245.14 680,575.00 509,330.00 171,245.00 5,171,981.00 2,959,003.00 2,212,978.00 5,867,556.00 3,468,087.86 2,399,468.14 0.00 0.00 0.00 0.00 12.10 (12.10) 0.00 12.10 (12.10) 5,867,556.00 3,468,099.96 2,399,456.04 23 LA QUINTA FINANCING AUTHORITY EXPENDITURE SUMMARY DEBT SERVICE EXPENDITURES SERVICES BOND PRINCIPAL - 1996 BOND PRINCIPAL - 2004 BOND INTEREST - 1996 BOND INTEREST - 2004 TRANSFER OUT CAPITAL IMPROVEMENT EXPENDITURES BOND ISSUANCE COSTS TRANSFER OUT 07/01/2005 - 12/31/05 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 15,000.00 10,215.00 0.00 4,785.00 330,000.00 330,000.00 0.00 0.00 735,000.00 735,000.00 0.00 0.00 350,575.00 179,330.00 0,00 171,245.00 4,436,981.00 2,224,003.13 0.00 2,212,977.87 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 5,867,556.00 3,478,548.13 0.00 2,389,007.87 TOTAL CAPITAL IMPROVEMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL FINANCING AUTHORITY 5,867,556.00 3,478,548.13 0.00 2,389,007.87 r 24 LA QUINTA REDEVELOPMENT AGENCY REMAINING REVENUE SUMMARY BUDGET RECEIVED BUDGET PROJECT AREA NO. 1: LOW/MODERATE BOND FUND: 0.00 0.00 0.00 Allocated Interest Home Sale Proceeds 0.00 0.00 0.00 Non Allocated Interest 0.00 0.00 0.00 Transfer In TOTAL LOW/MOD 'BOND 0.00 0.00 0.00 0.00 0.00 0.00 LOW/MODERATE TAX FUND: Tax Increment 6,675,400.00 776,049.31 5,899,350.69 Tax Increment 1,892,204.00 0.00 1,892,204.00 Allocated Interest 50,900.00 79,798.74 (28,898.74) Allocated Interest 309,100.00 0.00 309,100.00 Non Allocated Interest 0.00 0.00 0.00 Miscellaneous revenue 0.00 0.00 0.00 0.00 Non Allocated Interest LQRP-Rent Revenue 0.00 276,000.00 0.00 116,392.50 159,607.50 Home Sales Proceeds 480,000.00 510,841.15 (30,841,15) Sale of Land 0.00 0.00 0.00 Sewer Subsidy Reimbursements 0.00 50,304.05 (50,304.05) Sewer Subsidy Reimbursements 50,000.00 0.00 50,000.00 Rehabilitation Loan Repayments 0.00 30,706.63 (30,706.63) Rehabilitation Loan Repayments 30,000.00 0.00 30,000.00 2nd Trust Deed Repayment 0.00 928,183.07 (928,183,07) 2nd Trust Deed Repayment 1,000,000.00 0.00 1,000,000.00 Transfer In 0.00 0.00 0.00 TOTAL LOW/MOD TAX 10,763,604.00 2,492,275.45 8,271,328.55 DEBT SERVICE FUND: Tax Increment 26,701,600.00 3,104,197.23 23,597,402,77 Tax Increment 7,568,816.00 0.00 7,568,816.00 Allocated Interest 93,100.00 155,896.56 (62,796.56) Allocated Interest 206,900.00 0.00 206,900.00 Non Allocated Interest 0.00 0.00 0.00 Interst - County Loan 0.00 0.00 0.00 Interest Advance Proceeds 0.00 0.00 0.00 Transfers In 3,945,802.00 1,982,532.01 1,963,269.99 TOTAL DEBT SERVICE 38,516,218.00 5,242,625.80 33,273,592.20 CAPITAL IMPROVEMENT FUND - NON-TAXABLE Pooled Cash Allocated Interest 12,500.00 75,824.60 (63,324.60) Pooled Cash Allocated Interest 137,500.00 0.00 137,500.00 Non Allocated Interest 500,000.00 421,244.93 78,755,07 Non Allocated Interest 500,000.00 0.00 500,000.00 Litigation Settlement Revenue 0.00 0.00 0.00 Loan Proceeds 0.00 0.00 0.00 Rental Income Transfers In 0.00 909,510.00 0.00 273,000.00 0.00 636,510.00 TOTAL CAPITAL IMPROVEMENT 2,059,510.00 770,069.53 1,289,440.47 CAPITAL IMPROVEMENT FUND - TAXABLE Pooled Cash Allocated Interest 0.00 0.00 0.00 Non Allocated Interest 0.00 0.00 0.00 0.00 Litigation Settlement Revenue 0.00 0.00 0.00 Bond proceeds 0.00 0.00 0.00 0.00 0.00 Rental Income Transfers In 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 0.00 0.00 0.00 A u" 25 LA QUINTA REDEVELOPMENT AGENCY EXPENDITURE SUMMARY PROJECT AREA NO. 1: LOW/MODERATE BOND FUND PERSONNEL SERVICES REIMBURSEMENT TO GEN FUND HOUSING PROJECTS TRANSFERS OUT TOTAL LOW/MOD BOND 07/01/2005 - 12/31/05 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LOW/MODERATE TAX FUND: 4,900.00 3,464.40 0.00 1,435.60 PERSONNEL SERVICES 265,405.00 56,331.21 0.00 209,073.79 BUILDING HORIZONS 125,000.00 75,000.00 0.00 50,000.00 LQ RENTAL PROGRAM 332,000.00 118,712,16 0.00 213,287.84 LQ HOUSING PROGRAM 320,000.00 0.00 0.00 320,000.00 LOWMOD VILLAGE APARTMENTS 400,000.00 400,000.00 0.00 0.00 2nd TRUST DEED PROGRAM 3,298,340.00 40,000.00 0.00 3,258,340.00 LQRP - REHABILITATION 0.00 0.00 0.00 0.00 APT REHABILITATION 136,000.00 0.00 0.00 136,000.00 FORECLOSURE: 150,000.00 0.00 0.00 150,000.00 REIMBURSEMENT TO GEN FUND 679,574.00 339,787.02 0.00 339,786.98 TRANSFERS OUT 3,945,802.00 1,982,532.01 0.00 1,963,269.99 TOTAL LOW/MOD TAX 9,657,021.00 3,015,826.80 0.00 6,641,194.20 DEBT SERVICE FUND: SERVICES 537,800.00 10,770.00 0.00 527,030.00 BOND PRINCIPAL 2,500,000.00 2,500,000.00 0.00 0.00 BOND INTEREST 7,805,905.00 3,938,313.13 0.00 3,867.591.87 INTEREST CITY ADVANCE 1,124,738.00 578,232.95 0.00 546,505.05 INTEREST CITY ADVANCE 8,601.00 0.00 0.00 8,601.00 PASS THROUGH PAYMENTS 13,076,663.00 2,007,204,25 0.00 11,069,458.75 PASS THROUGH PAYMENTS 3,533,673.00 0.00 0.00 3,533,673.00 ERAF SHIFT 3,000,000.00 0.00 0,00 3,000,000.00 ERAF SHIFT (96,343.00) 0.00 0.00 (96,343.00) TRANSFERS OUT 4,374,737.00 2,255,532.01 0.00 2,119,204.99 TOTAL DEBT SERVICE 35,865,774.00 11,290,052.34 0.00 24,575,721.66 CAPITAL IMPROVEMENT FUND: 4,900.00 3,464.40 0.00 1,435.60 PERSONNEL SERVICES 307,362.00 91,281.09 0.00 216,080.91 LAND ACQUISITION 0.00 0.00 0.00 ASSESSMENT DISTRICT 0.00 0.00 0.00 0.00 ADVERTISING -ECONOMIC DEV 0.00 0.00 0.00 0.00 ECONOMIC DEVELOPMENT 55,000.00 0.00 0.00 55,000.00 BOND ISSUANCE COSTS 0.00 0.00 0.00 0.00 CAPITAL - BUILDING 0.00 0.00 0.00 0.00 REIMBURSEMENT TO GEN FUND 319,515.00 159,757.49 0.00 159,757.51 TRANSFERS OUT 23,453,157.00 3,644,560.57 0,00 19,808,596.43 TOTAL CAPITAL IMPROVEMENT 24,139,934.00 3,899,063.55 0.00 20,240,870.45 CAPITAL IMPROVEMENT FUND/TAXABLE BOND BOND ISSUANCE COSTS 0.00 0.00 0.00 0.00 TRANSFERS OUT (4,594.00) 0.00 0.00 (4,594.00) TOTAL CAPITAL IMPROVEMENT (4,594.00) 0.00 0.00 (4,594.00) 96 LA QUINTA REDEVELOPMENT AGENCY REMAINING REVENUE SUMMARY BUDGET RECEIVED BUDGET PROJECT AREA NO. 2: LOW/MODERATE BOND FUND: Allocated Interest 0.00 0.00 0.00 Non Allocated Interest 0.00 0.00 0.00 Bond proceeds (net) 0.00 0.00 0.00 Transfer In 0.00 0.00 0.00 TOTAL LOW/MOD BOND 0.00 0.00 0.00 LOW/MODERATE TAX FUND: Tax Increment 3,445,900.00 503,997.13 2,941,902.87 Tax Increment 1,261,694.00 0.00 1,261,694.00 Allocated Interest 275,300.00 90,742.10 184,557.90 Non Allocated Interest 0.00 0.00 0.00 Developer funding 0.00 0.00 0.00 Vista Dunes MHP Rental Rev 0.00 14,671.03 (14,671.03) Vista Dunes MHP Rental Rev 15,000.00 0.00 15,000.00 2nd Trust Deed Repayment 0.00 112,097.40 (112,097.40) 2nd Trust Deed Repayment 112,500.00 0.00 112,500.00 ERAF Shift - Interest 0.00 0.00 0.00 Sale of Land 0.00 0.00 0.00 Transfer In 0.00 0.00 0.00 TOTAL LOW/MOD TAX 5,110,394.00 721,507.66 4,388,886.34 2004 LOW/MODERATE BOND FUND: Allocated Interest 0.00 0.00 0.00 Home Sale Proceeds 0.00 0.00 0.00 Non Allocated Interest 1,418,400.00 647,776.46 770,623.54 Transfer In 0.00 0.00 0.00 TOTAL LOW/MOD BOND 1,418,400.00 647,776.46 770,623.54 DEBT SERVICE FUND: Tax Increment Tax Increment Allocated Interest Allocated Interest Non Allocated Interest Interest Advance Proceeds Transfer In TOTAL DEBT SERVICE CAPITAL IMPROVEMENT FUND: Allocated Interest Allocated Interest Non Allocated Interest Developer Agreement Developer Agreement Transfers In TOTAL CAPITAL IMPROVEMENT 13,783,600.00 2,015,988.54 11,767,611.46 5,046,775.00 0.00 5,046,775.00 0.00 130,130.72 (130,130.72) 275,000.00 0.00 275,000.00 0.00 0.00 0.00 0.00 0.00 0.00 7,998,654.00 7,268,370.99 730,283.01 27,104,029.00 9,414,490.25 17,689,538.75 37,100.00 40,023.48 (2,923,48) 42,900.00 0.00 42,900.00 0.00 0.00 0.00 0.00 7,824,583.57 (7,824,583.57) 7,824,584.00 0.00 7,824,584.00 0.00 0.00 0.00 7,904,584.00 7,864,607.05 39,976.9b 27 LA QUINTA REDEVELOPMENT AGENCY EXPENDITURE SUMMARY PROJECT AREA NO. 2: LOW/MODERATE BOND FUND 2nd TRUST DEEDS LAND BOND ISSUANCE COSTS TRANSFERS OUT TOTAL LOW/MOD BOND LOW/MODERATE TAX FUND: PERSONNEL SERVICES 2ND TRUST DEEDS 2ND TRUST DEEDS FROM CENTERPOINTE 48TH AND ADAMS - FROM CENTERPOINTE WASH/MILES PROJECT VISTA DUNES MOBILE HOME PARK LOW MOD HOUSING PROJECT 47TH/ADAMS PROJECT FORECLOSURE. ACQUISITION REIMBURSEMENT TO GEN FUND TRANSFERS OUT TOTAL LOW/MOD TAX 2004 LOW/MODERATE BOND FUND HOUSING PROGRAMS LAND TRANSFERS OUT TOTAL LOW/MOD BOND 07/01/2005 - 12/31/05 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,900.00 2,096A9 0.00 803.51 280,628.00 107,178.55 0.00 173,449.45 852,693.00 0.00 0.00 852,693.00 2,520,000.00 0.00 0.00 2,520,000.00 1,423,203.00 710.00 0.00 1,422,493.00 0.00 0.00 0-00 0.00 147,307,00 90,425.94 0.00 56,881.06 105,015.00 0.00 0.06 105,015.00 776,239.00 0.00 0.00 776,239.00 150,000.00 0.00 0.00 150,000.00 350,708.00 175,353.97 0.00 175,354.03 1,706,754.00 976,470.99 0.00 730,283.01 8,315,447.00 1,352,235.94 0.00 6,963,211.06 51,021,866.00 48.00 0.00 51,021,818.00 3,000,000.00 0.00 0.00 3,000,000.00 3,361,986.00 734,308.15 0.00 2,627,677.85 57,383,852.00 734,356.15 0.00 56,649,495.85 DEBT SERVICE FUND: SERVICES 195,970.00 750.00 0.00 195,220.00 BOND PRINCIPAL 200,000.00 100,000.00 0.00 100,000.00 BOND INTEREST 319,168.00 160,646.25 0.00 158,521.75 INTEREST CITY ADVANCE 1,593,358.00 665,369.68 0.00 927,988.32 INTEREST CITY ADVANCE (388,254.00) 0.00 0.00 (388,254.00) PASS THROUGH PAYMENTS 11,726,665.00 818,549.69 0.00 10,908,115.31 PASS THROUGH PAYMENTS 4,293,642.00 0.00 0.00 4,293,642.00 TRANSFERS OUT 1,706,754.00 976,470.99 0.00 730,283.01 TOTAL DEBT SERVICE 19,647,303.00 2,721,786.61 0.00 16,925,516.39 CAPITAL IMPROVEMENT FUND: 2,900.00 2,095.46 0.00 804.54 PERSONNEL SERVICES 195,162.00 21,829.32 0.00 173,332.68 ADVERTISING -ECONOMIC DEV 0.00 0.00 0.00 0.00 ECONOMIC DEVELOPMENT ACTIVITY 0.00 0.00 0.00 0.00 REIMBURSEMENT TO GEN FUND 23,903.00 11,951.52 0.00 11,951.48 TRANSFERS OUT 6,776,933.00 6,479,143.45 0.00 297,789.55 TOTAL CAPITAL IMPROVEMENT 6,998,898.00 6,515,019.75 0.00 483,878.25 u u u [ ; k 2 § ® \ \ \ p R% x \ m / § § § $ ) E m G / cc m 00) \m d A\ \ \ \ \o £ � \ 2 / N 3 tLO ) m m co Lo w\ \ § $ \ \ \ / / & ) \ + OD/ © \ a)® Q u uj \ \ \ / / \ \ / \ / ) a ° OD} } / ( / % / ) % ® / ± _ ) £ © \ m 2 « m \ / e � f / E CA m / ¥ f � y ƒ / \ / \ k / ® / � � § \ / § T \ 9 M. { $ \ n@ R _ \ ) m G 0—§ § co ¢ f f i i | Lo \ CD § G @ G \ e « $ \ 7 a k 6 m R 9 G F CO 6 e { ) @ / w - ,620080000S #§// 9 R R R e/ m R 2 m %691 'T§ G? § + c k E \ 0 ) ) \ f \ ƒ Cl- � ° ( \ ) 2 / ) 0 \ ) \ j 0 6 ) } / BUSINESS SESSION ITEM: ORDINANCE NO. 426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND NISPERO PROPERTIES, INC. DEVELOPMENT AGREEMENT 2005-009 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of: such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the City Council of the City of La Quinta, California ("City Council"'), did on the 7" day of February, 2006, hold a duly noticed public hearing to consider Development Agreement 2005-009, to allow development of a 19,433 gross s.f. office/coffee bar as recommended for approval under Village Use Permit 2005-032; and, WHEREAS, the Planning Commission of the City of La Quinta did, on the 10t" day of January, 2006, did in fact adopt Planning Commission Resolution 2006-003, recommending approval of Development Agreement 2005-009 to the City Council; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approval of the Development Agreement: 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan, and the Conditions of Approval for Village Use Permit 2:005-032, as approved and adopted under La Quinta Planning Commission Resolution 2006-002. 2. The land use authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Village Commercial, which permits variations to the City's parking requirements. The proposed parking provisions of Village Use Permit 2005-032, in conjunction with approval of this Development Agreement, will provide assurance that the intent of applicable land use regulations are met by the project. Ordinance No. 426 Development Agreement 2005-009 Nispero Properties, Inc. Adopted: February 21, 2006 Page 2 3. The proposed Development Agreement conforms to the public convenience and the general welfare, by providing the means for public parking improvements, and conforms to good land use practice by requiring an acceptable alternative for the provision of parking, to accomplish development of the contemplated commercial project. 4. Approval of this Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals, specifically Village Use Permit 2005-032, to provide for necessary and desirable improvements, with these approvals incorporated herein. 5. Approval of this Development Agreement will not adversely affect the orderly development of the subject or surrounding property, or the preservation of area -wide property values, but conversely, will enhance them by encouraging planned, phased growth. 6. Approval of this Development Agreement will have a positive fiscal impact on the City, as it will provide supplemental funding towards necessary public parking improvements in the Village at La Quinta, which might otherwise be unattainable given currently available funding sources. 7. Consideration of this Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the City Manager to sign the Development Agreement on behalf of the City, and the City Clerk to record the Development Agreement in the Official Records of Riverside County in accordance with applicable law. Ordinance No. 426 Development Agreement 2005-009 Nispero Properties, Inc. Adopted: February 21, 2006 Page 3 SECTION 2. ENVIRONMENTAL. The environmental determination for Village Use Permit 2005-032, as a Categorical Exemption under the Guidelines for Implementation of the California Environmental Quality Act, Section 15332 (Infill Development), was confirmed and adopted by the Planning Commission under Planning Commission Resolution 2006-002. Said determination, along with the approval for Village Use Permit 2005-032, was adopted by Planning Commission on January 10, 2006, and extends to include this Development Agreement, based on its incorporation as part of the overall project, as defined under CEQA. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of February, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Ordinance No. 426 Development Agreement 2005-009 Nispero Properties, Inc. Adopted: February 21, 2006 Page 4 ATTEST: DEBORAH POWELL, Acting City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 426 Development Agreement 2005-009 Nispero Properties, Inc. Adopted: February 21, 2006 Page 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) § CITY OF LA QUINTA ) I, DEBORAH POWELL, Acting City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.426 that was introduced at a regular meeting on the 7t" day of February, 2006, and was adopted at a regular meeting held on the 21 St day of February, 2006, not being less than 5 days after the date of introduction thereof. further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. DEBORAH POWELL, Acting City Clerk City of La Quinta, California DECLARATION OF POSTING I, DEBORAH POWELL, Acting City Clerk of the City of La Quinta, hereby certify that the foregoing ordinance was posted on pursuant to City Council Resolution. DEBORAH POWELL, Acting City Clerk City of La Quinta, California California, do I� *7'�I,K�wnR�nn OF COUNCIL/RDA MEETING DATE: February 21, 2006 ITEM TITLE: Discussion of the 2007 Bob Hope Chrysler Classic RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Pursuant to the Use Agreement executed between the City and Desert Classic Charities, the City shall pay the Hope Classic based on the following formula: $100,000 annual fee plus $10.00 per 18-hole round in excess of 20,000 rounds per calendar year, plus $1 .00 per 18-hole round in excess of 40,000 rounds per calendar year. (For example, if 45,000 18-hole rounds are played at SilverRock during the calendar year, the payment to the Hope Classic would be $305,000, which consists of the $100,000 annual fee, plus $200,000 for the 1 8-hole rounds between 20,000 and 40,000, plus $5,000 for the rounds over 40,000.) The fee applies only to rounds played on the Arnold Palmer Classic Course, and only when the course is part of the Hope Classic rotation. Additional costs may include opportunity costs (i.e., lost public play on the golf course during the tournament exclusive period of eight days), and enhanced maintenance for the golf course and parking. These expenses are expected to be offset by revenue from enhanced rates and additional play generated as a result of hosting the Hope Classic. While the Hope Classic retains parking fees and concession revenue generated on the golf course, the City retains concession revenue generated in the clubhouse and pro shop. Additional golf course improvement expenses would be incurred if SilverRock is included in the 2007 rotation; several bunkers would still need to be altered as requested by the PGA. Estimated cost for these improvements is approximately $68,000. The agreement also provides for a one-time payment from the Hope Classic to the City of $ 50,000 for improvements to the 45-acre area at the northwest corner of Avenue 52 and Jefferson Street (to be used for parking). Payment will be made 30 days after the City awards a contract for these improvements. CHARTER CITY IMPLICATIONS: City Charter Sections 203, Enterprises, and 204, Economic Development, anticipate ventures designed to encourage economic activity to enhance the City's general and other funds. BACKGROUND AND OVERVIEW: The City has recently received correspondence from Best Best & Krieger, legal counsel for the Hope Classic, regarding the status of PGA -requested improvements. (Attachment 1 ) The purpose of today's study session is to discuss the City's possible participation in the 2007 Bob Hope Chrysler Classic. On May 4, 2004, the City Council approved a Use Agreement with Desert Classic Charities for the exclusive use of the SilverRock Tournament Course to allow the Hope Classic to conduct the Bob Hope Chrylser Classic golf tournament. The business terms contained within the Agreement were recently analyzed by the City Attorney, and are included in Attachment 2. The Agreement term is for 15 years, with the option to extend for another 15 years by mutual agreement. Termination provisions include: 1) Failure to transfer the course to the City and course is not deemed sufficient for tournament play by January 1, 2008; or 2) PGA terminates its affiliation/sponsorship of the Bob Hope Chrysler Classic; or 3) Bob Hope Chrysler Classic is no longer the sponsor and there isn't a new sponsor that can meet specified requirements. The Arnold Palmer Classic Course opened on February 14, 2005. On February 24, 2005, the City received correspondence from the Bob Hope Chrysler Classic informing that the course was deemed not ready to meet PGA Tour and Desert Classic Charities' requirements to host the 2006 tournament due to drainage problems, bunker reconstruction, and landscaping issues. The majority of these issues have now been resolved. Johnny Pott of Landmark has provided a package of documents (Attachment 3) which includes: the February 25, 2005 letter from John E. Evenson of the Hope Classic informing that SilverRock was not selected for the 2006 rotation; Johnny Pott's February 14, 2006 update regarding PGA/BHCC concerns; the February 9, 2005 PGA site visit report detailing requested improvements; comments by Landmark; and a set of photographs depicting improvements that would need to be made as requested by the PGA. Concerns by the PGA over onsite and offsite drainage have been or are currently being addressed by the City as follows: Onsite Drainage Improvements On June 7, 2005, the City Council directed staff to have additional drainage improvements designed and constructed at SilverRock, including mountain storm runoff and native area drainage projects. On August 29, 2005, the mountain runoff improvements design was completed and a construction contract was awarded to Landscapes Unlimited (also known as Kubly Golf); the improvements were accepted by City Council on February 7, 2006. Staff and Landmark believe these improvements address the PGA's concerns for better on site drainage of the native areas that may affect the playability of the course during a professional tournament. Offsite Drainage Improvements On September 6, 2005, a construction contract was awarded to the Mocon Corporation to construct a 2,000 ft. storm drain within Avenue 52 from the northwest corner of the project site to just past the entrance lakes at SilverRock Way. However, due to materials shortages, this work did not begin until December 2005 and is expected to be completed by May 2006. Completion of this improvement will address the PGA's concern of flooding of the 4th fairway. Marketing Potential The Classic is known as a well established PGA event and traditionally kicks off the new PGA season. Accordingly, the tournament gets considerable national exposure; in 2007, it will air on the Golf Channel. In addition, national golf publications and newspapers feature stories and reports on the event. Per representatives of the Hope Classic, in 2006, the tournament received approximately 13 hours of national network television coverage, as well as many hours of local coverage. They anticipate even more coverage on the Golf Channel in 2007. This national marketing exposure is expected to translate into enhanced project revenue (see ERA analysis, Attachment 3). Kiner Communications has also evaluated the marketing potential of the Hope Classic, which is included as Attachment 4. In relation to other tournaments requiring City investment, in May 2005, the City Council considered sponsorship and hosting of the Jim Murray SilverRock Alumni Challenge. For a $180,000 investment, the City received "Title Sponsorship" recognition, and air time on Fox Sports Network. Both Landmark and Kiner Communications reviewed and commented on the Murray Tournament (Attachments 5 and 6); while both recognized the value of televised golf events at SilverRock Resort, they both questioned whether the benefit of being the "Title Sponsor" equated the cost/investment. The Jim Murray SilverRock Alumni Challenge took place at SilverRock for two days in December 2005, during which the course was used exclusively by the Murray Tournament (i.e., no public play could take place). The television coverage was edited down to a one -hour program that aired six times on Fox Sports Network; the schedule is included as Attachment 7. Staff will be available to discuss the economic development and marketing perspectives of this issue. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1 . Letter from David Erwin of Best Best & Krieger 2. Analysis of Use Agreement by City Attorney 3. Documents Provided by Landmark 4. ERA Analysis of BHCC 5. Kiner Communications Analysis of BHCC 6. Landmark Comments on Murray Tournament 7. Kiner Communications Comments on Murray Tournament 8. Murray Tournament Schedule on Fox Sports West ATTACHMENT 1 A BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS IRVINE 74-760 HIGHWAY I 1 1, SUITE 200 ((949) 263-2600 INDIAN WELLS, CALIFORNIA 92210 ONTARIO (760) 568-251 1 (909) 989-8584 (7150) 340.6698 F _ B B KLAW. COM RIVERSIDE (95 1) 686-1 450 DAVID J. ERWIN (760) 837- 1 607 DAVID, ERWIN(_SBBKLAW.COM January 19, 2006 Tom Genovese City of La Quinta P.O. Box 1504 La Quinta, CA 92260 Dear Tom: SACRAMENTO (91 6) 325-4000 SAN DIEGO (6 1 9) 525-1 300 WALNUT CREEK (925) 977-3300 The Classic is rolling around and the Silver Rock Course is not included in this year's rotation. The Classic representatives are wondering what progress has been made with regard to the items that were included in the Steve Wenzoff s report (PGA Tour Designer) and the concerns expressed by the Bob Hope Chrysler Classic. This is the report included with a prior letter to all members of the Council. I am enclosing a copy of same for your review. We would like to know the status and timeline with regard to each of the items listed so that we will have an opportunity to assess the progress of the reconditioning. Your early response would be greatly appreciated because it is a short period of time until we start making plans for the tournament in 2007. Please call me with questions. Sincerely, avidE in of BEST BEST & KRIEGER LLP DJE:alr encl. cc: Don Adolph, Mayor Terry Henderson, Council Member Stan Sniff, Council Member Lee Osborne, Council Member Ron Fletcher, Council Member RMBUS`DJE262318.1 ATTACHMENT 2 MEMORANDUM TO: The Honorable Mayor and Members of the La Quinta City Council FROM: M. Katherine Jenson, City Attorney DATE: February 17, 2006 RE: Bob Hope Chrysler Classic Use Agreement Pursuant to the request of the City Council on January 3, 2006, I have prepared the following summary with regard to the Bob Hope Chrysler Classic Agreement. For your reference, a copy of the executed Agreement is attached. As a reminder, the basic business points of the Agreement are as follows: Home Course Designation: City allowed to identify the course as "a home course" or "home course" for the Classic Tournament. Course will serve as home course for Classic Tournament in alternating years, and will be in utilized for portions of the event in the off years. City and Agency permitted to use the logos for the Classic in promotional materials for the Course. Third parties must get permission to use logos. Exclusive Period: Classic to have exclusive use of the tournament course for eight days. Non -Exclusive Period: Classic to have non-exclusive use of the course for setup and takedown purposes of 45 days before, and 7 days after, extended by 14 days for takedown on years when the course serves as the host. Maintenance: City to maintain the course throughout the year in good condition. In addition, during the month prior to the Classic Tournament, the City will take such further steps necessary to prepare the course for the Tournament. Site Fees: City to pay a base site fee of $100,000, plus $10 per round for each 18-hole round between 20,000 and 40,000 rounds, plus $1 per round for each 18-hole round beyond 40,000 rounds. Parking: City to designate a 45-acre parking site on the SilverRock Resort Property. Classic to make a one-time contribution of $50,000 for turf, irrigation costs. Classic to take care of dust control during event. If parking area is moved during the term of the agreement, Classic will not have to make capital contribution for improvement of new area. The year-round dust control measures would be City obligation (e.g., installation of soil cement after event is over). Term: 15 years, which can be extended for another 15 years with mutual agreement. 119/015610-0002 f 672498.02 a02/15/06 The Honorable Mayor and Members of the La Quinta City Council February 17, 2006 Page 2 The Council inquired about the mechanics of the 15-year period. Pursuant to Section 14 of the Agreement, three things needed to occur before the 15-year term would commence: (1) the course had to be completed; (2) the course had to be transferred to the City from the Agency; and (3) "a determination has been made by the City and the Hope Classic that the turf, greens, and landscaping on the [course] are sufficiently established for tournament play. Once these items are satisfied, the Agreement is to commence the following January 1st. If for any reason the Term has not commenced on or before January 1, 2008, this Agreement shall automatically terminate without notice." With regard to the third condition listed above - the determination of readiness of the Course — this terns relates to the maturity of plant growth, rather than course design. As to design, the Hope Classic was provided with a special opportunity to provide input. Specifically, the Agreement provides: "[t]he Hope Classic shall continue to submit suggestions and comments to the Agency and Palmer Team throughout the period during which the SilverRock Tournament Course is designed. For this purpose, the City shall regularly apprise, and shall request the Agency to cause the Palmer Team to regularly apprise, the Hope Classic of all plans and revised plans for the SilverRock Tournament Course so that the Hope Classic will have reasonable and sufficient time to prepare and submit to the Agency, the City, and the Palmer Team, comments and suggestions concerning the design of the SilverRock Tournament Course." (Section 12.1.) The Agreement further provides that the Hope Classic is responsible for dealing with the PGAT. It states: "[t]he Hope Classic shall be solely responsible, at its expense for both of the following: (1) obtaining any necessary approvals from the PGAT in order to conduct the Tournament at the SilverRock Tournament Course; and (2) meeting all of the rules, regulations or requirements of the PGAT to conduct the Tournament at the SilverRock Tournament Course." (Section 17.) In order to be part of the Tournament in 2007, the City and the Hope Classic would have to agree that "that the turf, greens, and landscaping on the [course] are sufficiently established for tournament play." The Hope Classic will have an obligation to make that determination in good faith, and under the terns of the Agreement it is incumbent on the Hope Classic to perform all necessary coordination with the PGAT. The Council also was curious whether the recent change in the television broadcasting (from network to the Golf Channel) would impact the Agreement. With regard to changes in the Tournament or its sponsorship, Section 4 of Agreement provides as follows: "If' the Hope Classic ceases to conduct the Bob Hope Chrysler Classic as it currently is conducted, or if the named sponsor of the event changes, this Agreement shall terminate unless the replacement tournament meeting ... [the] five requirements 119/015610-0002 672498.02 a02/15/06 + Y The Honorable Mayor and Members of the La Quinta City Council February 17, 2006 Page 3 [set forth below] is to be conducted without missing a year. ... If the Hope Classic ceases to conduct the Bob Hope Chrysler Classic during the Term of this Agreement, or if the named sponsor of the tournament changes, this Agreement will extend to a successor or replacement golf tournament only if all of the following conditions are met: (1) the tournament is conducted and sponsored by the PGAT; (2) the tournament provides equal or greater media exposure and goodwill for the City and the SilverRock Tournament Course; (3) the tournament and/or new sponsor is approved by the Hope Classic; (4) the tournament is approved by the City Council; and (5) the new sponsor is approved in writing by both the PGAT and Hope Enterprises, Inc. With regard to condition (4) stated in the prior sentence, the City Council hereby agrees that a tournament will automatically satisfy that condition and is considered "pre -approved" by the City Council if it meets all of the following three criteria: (1) the Bob Hope name is used in the title of the tournament; (ii) the tournament is at least four (4) days in length; and (iii) the tournament is conducted and sponsored by the PGAT. (Emph. added.) The only provision dealing specifically television it the following sentence: "The Hope Classic agrees to use its best efforts to cause the network televising the Tournament to televise certain spots depicting and promoting the SilverRock Tournament Course and the City of La Quinta, and to identify the location as being in the City of La Quinta." (Section 9.) While an argument could be made that the change in television coverage means that the Hope Classic has "ceased to conduct the Bob Hope Chrysler Classic as it currently is conducted," it is questionable whether that in and of itself would cause the Agreement to automatically terminate. It is more likely that the point could be made if Chrysler dropped its sponsorship and the City were asked to review the new sponsor for compliance with the five criteria listed above. The City could certainly take the position that unless the new sponsor would get the Tournament back on network television, the level of exposure would not be equivalent to the Classic at the time the Agreement was entered, and could find that the Tournament is no longer covered by the Agreement. If the Council has any questions about the Agreement or any issue relating thereto, please contact me. 1 19/015610-0002 672498.02 a02/15/06 ATTACHMENT 3 FEB 420 From the Desk of Judy Vossler Landmark Golf Company 74-947 Highway 111, Suite 200 Indian Wells, CA 92210 760-776-6688 x 236 760-776-6686 Fax JudyVossler(�aol.com February 14, 2006 To: Tom Genovese City Manager, La Quinta Fr: Judy Vossler Johnny Pott Tom, Enclosed are: 1. Copy of February 24, 2005 letter from John E. Evenson, Bob Hope Chrysler Classic to Hon. Lee Osborne, La Quinta City Council. 2. Johnny Pott's February 14, 2006, update on the above referenced letter. 3. Copy of February 9, 2005 PGA TOUR Design Services, Inc. Site Visit Report 4. Johnny Pott's February 14, 2006, update on the above referenced report 5. Photographs which show sketches of the work that needs to be performed 6. Golf Course Guide to the Arnold Palmer Classic Course with sketches of work to be performed and work that has been completed. We will be prepared to discuss these matters with you in further detail during the weekly meeting tomorrow at SilverRock. M a� v i I ,rv, hdVVw luV 11r1.1 tan iuv i i i i 1v1 \),ILJ 21C111Gl$G1 , LC1 itUIII l(I C. UUJ/ UU4 C"MY SLLER of FIC ERJ: JOHN E. EVENSON FRB MWI AND TKO "AMLWt C1#WWAM SUVE MORTON FIRST YKE PRIMLO T AND ASST. TWOU"Mg,M' CNbW. JOHN M. 70MR TieA�1�R SRPitg PKJNC.B'V11F R.CUTARY DAVID J. RRwrNC A3=ANT nCUTARY-TReASUREA DIRECTORS! RO"RT 1. wAwAN1 @RUNS CIOUTsOL Jump CVI= DAN OU14 AP EMN OUNLAm PAM J, EtWM AIMPLEVOOM JUNN M. F06TER JGM L1N8 CARRY ucxinU VICTOR EAWWZ,,c LMMY uyTV8 X9M M4UR8 wavehro "" nwvin FEAT DONALD D. POOUY $AMEg R. REED CLARKE RIMMY WILLIAM a SALArICH DUN WAGRIN rot te�.�i►t�:v'r DIRECTOR WCHAEL L M1LTHOM ),MINI,-%' %T1VE DIRECroK DAWN hL M P= BOB HOPE CHRYSLER CLASSIC Post Office Box $65, Rancho Mirage, California 92270 Bob Hope Classic Building, 39000 Bob Hope Drive, Rancho Mirage, California 92270 (764) 346-8184 1-888-MR B HOPE - FAX (760) 346-6329 Web Sitc: www.bhee.com - E-Mail- 'Info@bhcc.com - bhccadmin@bhco.com February 24, 2005 Hon. Lee Osborne Member of the City Council City of LaQuinta 78-496 Calle Tampico LaQuinta, CA 92253 Dear Councilman Osborne: The Bob Hope Chrysler Classic Committee and PGA TOUR have met and discussed our 2006 Rotation. At this time, it has been determined that the SilverRock golf course will not be ready to meet TOUR and Desert Classic Charities requirements for the 2006 tournament. Time is of the essence as the tournament must make decisions on course rotation at this time for producing prornotional'and collateral materials- 13enerally speaking, the following are some of the major areas of concem that need to be changed before SilverRock can be deemed tournament ready. Enclosed you will find PGA TOUR designer Steve Wenzloffs report outlining needed changes. a. Drainage on #4 and throughout the golf course. b. Extensive bunker reconstruction throughout the course. c. Planting of specimen trees to adequately provide safety neCessary for tournament play and general plant maturity in waste areas. We trust you understand the positions of those involved. We feel that doing the right thing is important for both the Classic and the City of LaQuinta SilverRock project to clet started on a positive note in future years. Sincerely, John E. Evenson President and Toumament Chairman February 14, 2006 Landmark's (Johnny Pott) response to letters to Tom Genovese, City of La Quinta, concerning progress to alleviate drainage problems that were evidenced by the rainstorms in early 2005 and response to the site visit report prepared by the PGA Tour Design Services. Letter of February 24, 2005 to Hon. Lee Osborne from John E. Evenson, President and Tournament Chairman Bob Hope Chrysler Classic. A. Drainage on #4 and throughout the golf course. JP Landscapes Unlimited was contracted to install ribbon drainage in all the native areas within the Arnold Palmer Classic Course. Erik Larsen PCDC was involved with the ribbon drainage design and areas to install the ribbon drainage. This work was completed in August 2005. The Mountain Drainage Project, which mainly affects holes # 4 and 7, designed and engineered by The Keith Companies and constructed by Landscapes Unlimited was completed in January 2006 B. Extensive bunker reconstruction throughout the course. JP The native areas, which guarded green sites, were converted to sand bunkers on holes #1, 3, 9,11,13,14,15 & 16. Grass lines of separation were installed as required by the PGA Tour. This project was completed in the summer of 2005 by Landscapes Unlimited. C. Planting of specimen trees to adequately provide safety necessary for tournament play and general plant maturity in waste areas. An additional 100 trees, 80 in 24 inch boxes and 20 in 15 gallon containers were planted in the native areas at the direction of Eric Larsen PCDC. Additionally, there were two 108 inch boxed olive trees planted on hole #9 tee, to eliminate play toward #1 fairway, and 6 assorted height hybrid fan palms on hole #13 to eliminate play toward #15 fairway. All trees planted are native to the desert and considered fast growing by arborist. --, --, ---- —.v -1- .1-& a vV 1 i 1 1 lVl V1VtJ A1U11UaV1 , 1JU t(U111tU Yi. "1/ VV't PGA TOUR Design Services, Inc. Site Visit Report To: Michael Milthorpe From: Steve Wenzloff cc: Slugger White, PGA TOUR Jon Scott, PGA TOUR Tom Brown, PGA TOUR Henry Hughes, PGA TOUR Tim Hawes, PGA TOUR Johnny Potts, LandMark Golf Randy Duncan, SilverRock Date: February 9, 2005 Subject: SilverRock, La Quinta, CA - Site Visit on January 27, 2005 Attendees: Michael Milthorpe, Bob Hope Classic John Poster, Bob Hope Classic Johnny Potts, LandMark Golf Randy Duncan, Director of Golf, SilverRock Slugger White, PGA TOUR Rules Steve Wenzloff, PGA TOUR Design Services Obfective of Visit: Review SilverRock golf course for future tournament site for Bob Hope Classic at request of tournament organization. Golf Course Architect: Palmer Course Design — Erik Larsen Owner. Clty of La Quinta Manaaement Cornoanv: LandMark Golf ,TPYRwr 1 of 3 2/15/2005 4:18 PM _ _ _ _ _ _ _-.. __ . _- . - , ... , . , I - --VV muuupvt Lu q(UIW A YJ, VVl/ VUL His' Golf course was constructed in 2004 and is completing its grow -in with an opening anticipated for February 2005. General Comments, The grow -in is progressing well despite the major rain events that have impacted the region this Winter. unfortunately, these rain events have negatively impacted ceftain areas of the golf course with the most damage to hole 44 resulting in a delayed opening of the facility. The flooding and resulting damage which occurred must be mitigated. The impact would have been significant enough to have possibly forced the cancellation of the tournament if the tournament had already started. Tees — The locations and sizes allow for setup flexibility. Greens — Contouring and size facilitate various pin locations. Bunkers — Both formal bunkers and waste bunkers (native areas) are utilized in the design. Locations are good. Many green sites have native areas which abut the putting surfaces and have sharp ridges within them. These areas will need to be defined as hazards with turf around the entire perimeter, formal bunker sand and drainage added, and have the sharp ridges softened. it was represented that this was already being committed to with Palmer Course Design coordinating this effort. Some of the formal fairway and greenside bunkers are partially defined with turf with the remainder being native areas. These bunkers must be totally defined with turf and remove the few native plants within the noses. F'airwayslRoughs - Generally the fairways are wide which Is advantageous in windy conditions, but, should be narrowed in the tournament landing zones. Prior to the next overseeding, fairway lines should be modified to narrow the landing zone from 270 yds to 320 yds off the center of the back tees. The delineation needs to be coordinated between the PGA TOUR, Palmer Course Design, and the ownership/management. Detail Comments:. #1 - Native area front left of green define area as formal bunker. Add turf to the back of the bunker on the right side of the landing area and the back right of the green. #2 - Move fairway line down from right side and rework fairway line left side, #3 - Native area front of green needs area defined as formal bunker. #4 - Off -site drainage has inundated this hole with flooding and siltation deposition. The civil engineering of this area needs to be evaluated to mitigate the impacts of the flooding. Left fairway bunker and right greenside bunker back sides need turf to fully define the hazard_ #5 - Screen tee from 4 green with landscaping. #7 - Add turf to back of fairway bunker to fully define hazard. sTfv1;w_F 2 of 3 2/15/2005 4: It 8 PM -..- _..., - __ ♦- 4 V V I I I 11V.1 V1VtJ 1JlU11UO%J1 , 1/U 1YU111VU to VVL1 VVL I Vv J4V 4J�0 Vv•.. • •�• � v• ••� • ..��. #9 — Along the Left side of back and blue tees plant trees to block players from playing into #1 fairway or Rules staff will have to stake "inside CB' which is not desirable_ Fill in 2 lobes of bunker between 9 tee and 1 green to help accommodate planting trees. Create formal bunker area within right greenside native area. #11 - Add formal bunker within front right and front left greenside native areas. #12 - Add turf to fully define back left greenside bunker, #13 — Add turf to back and nose of right greenside bunker to fully define hazard and also remove native plants, #15 -- 523 yd' Par W — Move marker forward 30 yards play as 490 yds. The native area right of the landing zone is blind off the tee. Create 30 yd wide fairway. Grow rough left of left greenside bunker adjacent to cart path to stop ball from roiling into drainage way. #16 - Create formal bunker within native area along right side of approach, #17 — Fill part of the back of the left greenside bunker and install turf to improve opportunities for spectator viewing. #16 - Install min 54" wide turf area along waters edge of "beach" bunkers front and left of green. Behind green fill 4 — 5 yards of bunker to create additional chipping area as fairway cut; the back of the bunker could be expanded, if desired, to preserve the scale of the bunker. The bunker will have grandstands or corporate hospitality built over it for the tournament. SuMmary. The detailed comments were discussed with Erik Larsen on February 10 and were generally positively received. He stated he would be going to SilverRock the week of February 14 to begin work on modifying the greenside bunkers. We will discuss further and are willing to assist the City of La Quinta and Piamer Course Design to implement the requested modifications. Please don't hesitate to call us if we may be of further assistance. $-rEV1;wc 3 of 3 2/15/2005 4.18 PM List below from Steve Wenzloff, PGA Tour Design Services, Inc. to Michael Milthorpe, Bob Hope Chrysler Classic Tournament Director, dated February 9, 2000. Subject: Site Visit on January 27, 2005 Detailed Comments: P 4 ? ' = a < # 1. Native area front left of green define area as formal bunker. Add turf to the back of the bunker right side of the landing area and the back right of the green. J Pott The area front and left of green has been made into a formal bunker. The turf has not been added to the two bunkers at this time. Estimated cost: $ 500 Sod $1,440 Labor 96 hours @$15 per hour $1, 000 Irrigation Materials $2, 940 #2. Move fairway line down from right side and rework fairway line left side. JP Now that the mountain drainage project is complete on hole #2 the fairway lines are being re-established as recommended by the PGA Tour. #3. Native area front of green needs area defined as formal bunker. JP This bunker work is complete. #4. Off -site drainage has inundated this hole with flooding and silt deposition. The civil engineering of this area needs to be evaluated to mitigate the impacts of the flooding. Left fairway bunker and right greenside bunker backsides need turf to fully define hazard. JP Completion of the Avenue 52 storm drainage project will resolve the flooding and silt problem. The turf required at the bunkers has not been converted at this time. Estimated Costs: $1,500 Sod $2, 880 Labor 92 hours @$15 per hour $2, 000 Irrigation Materials $6, 380 #5. Screen tee from 4 green with landscaping. JP Twelve additional String Acacia trees were located by Erik Larsen and planted this past summer. #7. Add turf to back of fairway bunker to fully define hazard. JP The turf requested at the back of bunker has not been installed at this time. Estimated Costs: $ 500 Sod $1,440 Labor 96 hours @$1 S per hour $1, 000 Irrigation Materials $2, 940 #9. Along the left side and black and blue tees plant trees to block players from playing into # 1 fairway or Rules staff will have to stake "inside OB" which is not desirable. Fill in 2 lobes of bunker between 9 tees and 1 green to help accommodate planting trees. Create formal bunker area within right greenside native area. JP Two large olive trees were planted in the fill area by #9 tee as requested. The formal bunker has been completed. # 11. Add formal bunker within front right and front left greenside native areas. JP These formal bunkers have been completed. # 12. Add turf to fully define back left greenside bunker. JP This turf has not been installed. Estimated Costs: $ 500 Sod $1,440 Labor 96 hours @$1 S per hour $1, 000 Irrigation Materials $2, 940 # 13. Add turf to back and nose of right greenside bunker to fully define hazard and also remove native plants. JP This turf has not been installed. Estimated Costs: $1, 000 Sod $1,440 Labor 96 hours @$1 S per hour $1, 500 Irrigation Materials $3, 940 #15. 523 yd Par "4" —Move marker forward 30 yards playas 490 yds. The native area right of the landing zone is blind off the tee. Create 30 yd wide fairway. Grow rough left of left greenside bunker adjacent to cart path to stop ball from rolling into drainage way. JP Moving the marker will be done by the tournament date. Trees have been planted to define the landing zone. A cart trail has been added to left of the green and grass has been planted to slow golf balls from rolling into the drainage way. #16. Create formal bunker within native area along right side of approach. JP Formal bunker has been installed as requested. #17. Fill part of the back of the left side greenside bunker and install turf to improve opportunities for spectator viewing. JP This request has not been done. This work would be done by an outside contractor, will require shaping, irrigation and sod and could be completed in a week. Estimated Costs. $20, 000. # 18. Install min 54inch wide turf area along waters edge of "beach" bunkers front and left of green. Behind green fill 4 — 5 yards of bunker to create additional chipping area as fairway cut: the back of the bunker could be expanded, if desired, to preserve the scale of the bunker. The bunker will have grandstands or corporate hospitality built over it for the tournament. JP The 54 inch wide turf has not been installed. Estimated Costs: $ 500 Sod $ 720 Labor 48 hours @$15 per hour $ 500 Irrigation Materials $2, 220 The remodeling of the back bunker has not been done. This work would be done by an outside contractor and could be completed in a week. Estimated Costs: $20, 000. This cost will be lower if holes #17 and #18 are modified as requested at the same time. Estimated Total $61,360 4k On Vj Mf_ 7i I Az� I;w , zz s� 1 —r r� �i k � • s 1 s'rR'�. •� F r q gtk SP .�FKit- Tip- IM ¢a in�2 - ' + 1 lik fit. � ,�, 4 � -. �x� �� «=r} � r� . "�� '•. � � a. . �, ; - 5 i 7 � � 7 -`� �„r,.�T� ..k' � ��F ',�s. 4 � �`s;»�,x t l{�/'* e� s ; as< t � , a • i�",i ;�� ;;,� `,. - � � n� -:' � 3' .q ✓��. ., �, "��`��. -- � 4� are, - - �.; 1 �r F � „i �''- , .,.� 'ac.� Air ��3 �Y e- •, !� � ``�� yjhK�� 'i � .� { a- � � ,.� i .� � n� e w%i,'-'4E;- - - _u �. 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Krekonan ae: Hope Toumament — ERA No. 15172 The following presents a preliminary estimate of the potential impact of designating the proposed La Quinta City course the "Home Course for the annual Hope PGA Tournament As we understand, the Hope would continue to be played at several Coachella Valley venues, although the City's La Quints course would serve as the home course, hosting the final round_ hi addition to the direct fiPaueial benefits relaxed to site fees and revenue sharing agreements, the City course would indirectly benefit frame its 0CILedon wife the tournament and attendant prestige of hosting the .event. This benefit would be captured primarily through higher greens fees and/or play levels than would be achieved if the tournament was not hosted, and with higher "soft goods" retail sales, 1n many iustanccs) roost of the value attributed to hosting a tournament is captured through associated, real estate sales which benef t'from an improved project imabe and related prestige of the event. In this case, there likely would be some benefit accruing to the onsite hotels, which the City would capture through higher site sales and/or transient occupancy receipts. Over the years, we have attempted to compute the impact on greens fee revenues (greens fees and play levels) attributable to. hosting a PGA event by comparing a tournament courses performance with that of similar courses not hosting a tournament. First, a distinction is required between the most 10990 Wilshire Boulevard, Suite 1500, Los Angeles. CA 9002.4 310.477.9SOS . FAX 3-10-47g,1.950 www.econ(cs.com . Eka Is afiitiacod with brtrnrs Jonaz Lo. , An9 elesSarAn n Fdsco San..Uitgv Chicago Washington QC London_ = _ t. I 08728%0.3s= � '1� 1'6"r '�L310 4 471950• BC01 -1R :` D63 -OQ3 _- I� ` � L EGonomict Research Associates Hope Tournament ERA No. 15172 August 28, 2003 Page 2 prestigious events (Majors, Ryder Cup) and regular PGA Tour or World Golf events. The benefits related to the most prestigious events are many times greater than standard events. With regard to standard events, our cxperience suggests that high -end resoWdaily fee courses in strong golf markets are .capable of generating an • additional $250,000 to $500,000 in annual greens fees revenue (an increase in the range of 10 percent), most of which drops directly to the bottom line, than would be expected without the toumarnent. Capitalizing this annual net gain yields a one-time value of $2.5 to $5.0 million. In addition, merchandise sales might increase 1$2 to $3 per round due to • . the prestige of hosting such a tournament.. At a cost of sales equal 50 percent related to soft "logo" goods, another $50,000 per year in net income would be -The impact of the 'tournament on hotel/resideatial site sales and/or transient occupancy tax has not been considered, and would be much more difficult to quantify_ ATTACHMENT 5 February 15, 2006 Mr. Tom Genovese, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Tom: In consideration of the City's opportunity to pursue the Arnold Palmer Classic Course (APCC) as a host course for the Bob Hope Chrysler Classic (BHCC), it is our recommendation that you move forward in this endeavor as it carries significant value in terms of marketing and awareness for SilverRock Resort. Not only will the Bob Hope Chrysler Classic assist in branding SilverRock as a premier golf property (as it meets the Classic's superior standards of its host courses), but it will offer tremendous exposure to golf audiences around the world. Becoming a host course for the BHCC will also provide for additional credence in SilverRock's marketing plans — specifically in the use of the BHCC logo in advertising and other promotional efforts. Please let us know if we can be of any further assistance as you review this opportunity. Best Regards, Scott M. Kiner CEO/Managing Partner ATTACHMENT 6 May 5, 2005 To: Tim Jonasson Fr: Judy Vossler Re: Jim Murray Alumni Challenge Golf Invitational This memorandum is written as a reply to the City's request for Landmark Golf Management as the golf operator of SilverRock Resort to comment on the request to the City for a $200,000 sponsorship for the Jim Murray Alumni Challenge Golf Invitational. Landmark has the highest regard Linda McCoy Murray and for her efforts to keep Jim Murray's memory alive through the Jim Murray Alumni Challenge Golf Invitational. We are pleased to know the event desires to move to La Quinta after six years in Los Angeles. Further, we believe SilverRock's Arnold Palmer Classic Course is the ideal place for the event to establish itself in the desert and that the event and SilverRock will both benefit from a relationship that hosts an annual event in December. At this time, the planned dates for the tournament December 11-13, 2005 are available for booking; and with the writing of this memorandum, Randy Duncan, SilverRock's Golf Director, will temporary hold the dates while discussions continue between the City and the event's principals. Landmark would be interested in furthering conversations with the City and the event representatives in regard to offering green fees at reduced rates or at no charge as SilverRock and the City's sponsorship during the initial years of the event in La Quinta. Confirmation of television coverage should be strongly considered in determining a green fee rate structure, and the green fee rate structure should be reviewed annually after each year's event. In response to the request for a payment of $200,000 for sponsorship, Landmark does not recommend redirecting marketing dollars from the 2005-2006 golf operations marketing budget. If the marketing/advertising budget were to be adequately increased by the City, there are numerous ways in which the City and SilverRock Resort could participate in the Jim Murray Alumni Challenge Golf Invitational. Landmark believes the City and SilverRock will gain desired exposure by being the host site of the event with the event having an outside financial sponsor who also benefits from sponsor recognition. Landmark is appreciative that the event planners have a sincere interest in SilverRock Resort as the new home of the Jim Murray Alumni Challenge Golf Invitational. We are hopeful that the event will entice external sponsors, television coverage and loyal contestants who support a new prestigious golf event to be hosted annually in December at the City of La Quinta's SilverRock Resort. In summary: with television coverage, SilverRock Resort would benefit if it were to provide golf (green fees) despite the loss of paying golfers and daily revenue from routine operations in that December time period; and, Landmark Golf Management would like to work with all parties to bring this annual event to the City of La Quinta. ATTACHMENT 7 K i n e r C o m m u n i t a t i o n s To: Mark Weiss, Assistant City Manager Company: City of La Quinta From: Andrea Carter, Senior Account Executive Kiner Communications Date: May 9, 2005 Subject: Agency Feedback on Jim Murray Alumni Challenge Per your request, we have reviewed the title sponsorship proposal presented to the City of La Quinta by the 7th Annual Jim Murray Alumni Challenge Golf Challenge. This is certainly a worthwhile tournament. However, in terms of marketing value for the requested $200,000 sponsorship, Kiner Communications feels this opportunity does not balance the other marketing strategies the City needs to engage as it builds the brand and exposure for SilverRock Resort. For example, for the same price the City could promote a "Stay & Play" golf package by running a three column by eight inch ad in the Travel Section of the L.A. Times at a frequency of 24 weeks — reaching one million people each week. The City could also purchase more targeted advertising to promote SilverRock regionally and nationally, such as PGA coverage in Los Angeles or banner advertising on PGA.com. As your marketing firm, you requested our feedback and consultation in regards to the marketing value of this proposal. While we wish the tournament success, our professional estimation is that this opportunity does not present the best marketing value for a $200,000 investment by the City of La Quinta. Please feel free to contact Scott or I with any further questions. ATTACHMENT 8 H MEMORANDUM dr O F I TO: The Honorable Mayor and Members of the City Council Department Directors Assistant City Manager City Clerk City Attorney Police Chief Walter Meyer Battalion Chief Dorian J. Cooley v FROM. Thomas P. Genovese, City Manage;A� 1 DATE: January 13, 2006 ITEMS OF INTEREST CITY MANAGER'S OFFICE • The Jim Murray SilverRock Alumni Challenge, played at the Arnold Palmer Classic Course last month, was televised and edited down to a one -hour special that will begin airing this Sunday on Fox Sports Network (West 2). The local channel, per Time Warner Cable's channel lineup (Expanded Basic), is Channel 29. The special will air six times in the coming weeks, as follows: Sunday, January 15, 6:00 p.m. Sunday, January 22, 6:00 p.m. Sunday, February 5, 7:00 p.m. Wednesday, February 8, 3:00 p.m. Thursday, February 9, 4:00 p.m. Saturday, February 11, 1 1:00 a.m. of La Quinta will be featured in the Desert Sun next week ry 18 and 1 9) -- D-at ell Smith of the Desert Sun visited wjib-�e�Mayor and toured the City earlier eek, and will be wtal+n -1 e feature story, which is part of a nine -part Valley -caTied "Darrell in the Desert" (see attachment). An ad announc- ng the City'sc�ovr.age will be printed in the Saturday arid- Tuesday papers (January 14 and 17):`' -fie _�i� will be REPORT/INFORMATIONAL ITEM: /�P MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 4, 2006 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:a.m. by Planning Manager Les Johnson. B. Committee Members present: Bill Bobbitt, Frank Christopher, and Tracy Smith. C. Staff present: Planning Manager Les Johnson, Associate Planners Wallace Nesbit and Andrew Mogensen, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. There being no changes to the minutes of December 7, 2005, it was moved and seconded by Committee Members Bobbitt/Smith as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2005-845; a request of KB Home Coastal Inc.. for consideration of architectural plans for three prototypical residential plan types and Clubhouse in Tract 31733 located on Monroe Street between Avenue 60 and 61. 1 . Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted the applicant was withdrawing review of the clubhouse at this time and will resubmit at a later date. They are also redesigning the layout of the tract. Therefore, the only item before the Committee is the models complex. Staff introduced Mr. Ty Mangrum and Mr. Gary Werner, representing KB Home Coastal, Inc. G:\WPDOCS\ALRC\1-4-06 ALRC.doc Architecture and Landscaping Review Committee January 4, 2006 2. Committee Member Christopher asked if the road design would be changed. Mr. Werner stated no; they were changing the street configuration in regard to the entries. The main entrance will be on the tract to the north and each tract will have a secondary entry. 3. Committee Member Bobbitt asked if each tract would have its own models. Mr. Mangrum stated yes. Mr. Werner stated each tract will have its own recreation center with different themes. 4. Committee Member Bobbitt asked if the landscaping continuity would be the same within both tracts. Mr. Wener stated yes, and their will be a trail system between the two. 5. Committee Member Christopher noted the porte cochere height will need to be raised when they redesign it. Mr. Werner stated it would be raised. Committee Member Christopher noted fiberglass garage door and entry doors are allowing more design. He would like the applicant to consider using something that has a more aesthetic design on the streetscape to give more variety. 6. Committee Member Smith asked if the landscaping will be desertscape. Mr. Mangrum stated the open space is desertscape and will be shallow with a grade of .5. Mr. Wenrer stated one will have a basketball court and gathering spaces. The rear yards will have half walls. 7. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Christopher to adopt Minute Motion 2006-001 recommending approval of Site Development Permit 2005-845, as recommended. B. Site Development Permit 2005-848; a request of Transwest Housing, Inc. for consideration of architectural and landscaping plans for a main entry gatehouse, main entry gate and perimeter parkways, for Griffin Ranch (Tentative Tract Map 32879) located on the south side of Avenue 54, east side of Madison Street, north side of Greg Norman Course project and ± 1 /4 mile west of Monroe Street. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the G:\WPDOCS\ALRC\1-4-06 ALRC.doc Architecture and Landscaping Review Committee January 4, 2006 Community Development Department. Staff introduced Marty Butler, Chuck Shepardson, landscape architect, Phil Pekarek, architect, who were available to answer questions. 2. Committee Member Bobbitt asked about pedestrian access on the front entry gates. Mr. Shepardson explained there would be access to this area, but they would not be able to pass the main entry gates. He noted there are large areas of turf, but when they run the total perimeter of turf, they meet the allowable numbers. They intend to create a look of a pasture with rye and fescue. Committee Member Bobbitt stated his concern that it would become a weed problem. He suggested using a hybrid. 3. Committee Member Smith asked if horses would be in this area. Mr. Shepardson stated no, there would be horse statues. The trails are on the perimeter and some within the project. 4. Committee Member Bobbitt asked who maintains the trail. Staff stated the perimeter trails would be maintained by the City. Ms. Butler stated the HOA would maintain the interior trails. 5. Committee Member Christopher confirmed they would need to meet the City's Water Efficient Landscape Ordinance. Staff stated yes. Discussion followed on the fencing material. 6. Committee Member Christopher asked where the horses would be maintained. Ms. Butler explained a separate 15-acre parcel had been purchased to maintain and stable the horses. 7. Committee Member Christopher commended the architect on his design and noted it would be an attribute to the area. 8. Committee Members Bobbitt and Smith agreed and added the landscaping is excellent as well. 9. Committee Member Bobbitt noted the gated entry would not allow large trucks to exit. Ms. Butler explained they were to enter and exit through the secondary entrance. Mr. Pekarek stated he thought the projection on the gatehouse would fall under the commercial height limits. Staff explained they were only asking for a one foot reduction. In regard to the stone elements, they determined to go with the Spanish farmhouse look and get away from the Tuscany look. In addition, they G:\WPDOCS\ALRC\1-4-00 ALRC.doc Architecture and Landscaping Review Committee January 4, 2006 would like to request a larger overhang of 18 inches, than allowed by the Code. Staff stated they have no problem as long as they meet the Building Code requirements. 10. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Christopher to adopt Minute Motion 2006-002 recommending approval of Site Development Permit 2005-848, as recommended and as follows: a. Leave the open space and introduce more trees. B. Site Development Permit 2005-849; a request of Colin McDermott for consideration of architectural plans for a 3,400 square foot one-story office building in the La Quinta Professional Plaza complex located on the south side of Avenue 47, east of Washington Street. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Dave Prest and Michael Buccino who were available to answer questions. 2. Committee Member Christopher asked if the tower material was real copper. Mr. Prest stated it was real copper, the same as the other building that was just completed. 3. Committee Member Bobbitt asked what plants staff was recommending in the staff report. Staff clarified the plants identified should be the same as what was listed in the Specific Plan for the entire development. Discussion followed regarding plant and tree varieties. 4. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Smith to adopt Minute Motion 2006-003 recommending approval of Site Development Permit 2005-849, as recommended and as follows: a. The plan pallet shall be integrated with the master plant pallet. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. G:\WPDOCS\ALRC\1-4-06 ALRC.doc Architecture and Landscaping Review Committee January 4, 2006 VII. COMMITTEE MEMBER ITEMS: None VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Christopher/Smith to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a meeting to be held on February 1, 2006. This meeting was adjourned at 1 1 :00 a.m. on January 4, 2006. Respectfully submitted, BETA W Y E R Executive Secretary G:\WPDOCS\ALRC\1-4-06 ALRC.doc REPORT/INFORMATIONAL ITEM: lq COMMUNITY SERVICES COMMISSION MINUTES January 9, 2006 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Commissioner St. Johns presided over the meeting. Commissioner Robert Leidner led the Pledge of Allegiance. Commissioner Leidner was officially sworn in by City Clerk June Greek. Commissioners Present: Commissioner Ed Hackney, Commissioner Mark Weber, Commissioner Andrea Gassman, Commissioner Robert Leidner, Commissioner Victoria St. Johns Staff Present: Tom Genovese, City Manager and Interim/Community Services Director, June Greek, City Clerk, Kristin Riesgo, Recreation Supervisor; Community Services Department, Robert Ambriz Jr., Recreation Supervisor; Community Services Department, Anna Sampson, Community Services Secretary Guests Present: Donna Catalfamo, La Quinta Sports and Youth Association Board Member, Nathan Dunn, La Quinta Sports and Youth Association Board Member, Edie Brito, La Quinta Sports and Youth Association Board Member, Tracy Rutledge, Desert Gold Team Manager, Craig Johnson, Desert Gold Team Coach PUBLIC COMMENT — None The chair reserves the right to limit discussion on any topic to three minutes or less. III. CONFIRMATION OF AGENDA — It was moved and seconded by Commissioners Hackney/Weber to approve the Agenda. Unanimously approved. r Community Services Commission Minutes 2 January 9, 2006 IV. CONSENT CALENDAR MOTION - It was moved and seconded by Commissioners Gassman/Hackney to approve the December 19, 2005 Minutes and Monthly Department Report for November 2005, as submitted. Motion carried unanimously. Commissioner Hackney asked if all Class II Teams are paying the appropriate fees. Staff confirmed this to be true. V. PUBLIC HEARING — None VI. BUSINESS ITEMS A. Facility Use Policy Update Staff presented the information contained in the Staff Report, a copy of which is on file in the Community Services Department. Commissioner Leidner discussed the timing of field maintenance repairs with staff. Staff indicated that once reported to the appropriate City department or other agency such as Desert Sands Unified School District, it is completed in a timely manner, however, since it had not been controlled by the Community Services Department until now, it is difficult to provide a definitive answer as to past repair timelines. City Manager Genovese explained the City does not have its own Parks Maintenance Department. There are two types of maintenance requests, ongoing and urgent. Ongoing maintenance, such as gopher holes, is a long-term eradication issue. If there was an urgent repair needed, the City would dispatch the Public Works Department. Commissioner Leidner asked about the grant program and if the application filing date could be extended. Staff explained due to the time needed to prepare the grant information for the City Council, it would not be feasible to extend the grant application date. Commissioner Hackney asked when the grant application was going to City Council. Staff explained it would be on the Council agenda for February 7, 2006. The grant application filing date deadline is January 27, 2006. Community Services Commission Minutes 3 January 9, 2006 Commissioner Gassman asked if any grant applications had been turned in, and what is the maximum grant amount allowable. Staff explained the amount budgeted for a fiscal year is $20,000 and the individual grant maximum is $2,000 per organization. The City Council can also increase the $20,000 maximum. Commissioner Gassman asked for the basis in which a grant application would be denied. City Manager Genovese indicated if it fell within the criteria, the ability to deny would be at the sole discretion of the City Council. Commissioner Hackney asked if a travel team had ever applied for a grant, and if so, was it granted. City Manager Genovese indicated many youth organizations had applied but was unsure if a travel team, specifically, had ever applied. If the funding is available, and the organization is La Quinta-based, the grant will usually be approved. Commissioner Leidner asked if all cities contacted regarding their Facility Use Policy were included in the research report, the process used to determine the outcome of the research, and if all the cities involved were cooperative. Staff confirmed that all cities contacted were included in the research report and discussed the Southern California Municipal Athletic Federation or SCMAF, in which the City is a member. This organization includes all cities and municipal organizations that are involved with athletics. Contacts through this organization, past working knowledge of other cities, and randomly selecting cities that were size -comparable to La Quinta were used in the research. All the cities were very cooperative and several asked if the results of the research could be passed on to them. Board members of the La Quinta Sports and Youth Association provided positive feedback on response time from the City when reporting field maintenance issues. Commissioner Gassman inquired if a $2000 grant would cover the parent's cash outlay for those having children 16 years of age and under on a travel team. Mr. Rutledge indicated when practicing twice a week for ten months, the cost of field lighting was approximately $3500. Commissioner Gassman asked if a travel team could use the snack bar, and if so, how much revenue was generated in the past. Staff explained that use of the snack bar followed the same priority as field use, but the travel team could use the snack bar when using the field, provided no other team is using the snack bar. Community Services Commission Minutes 4 January 9, 2006 Board members of La Quinta Sports and Youth Association commented on snack bar revenue. On a good year, the average made could be $12,000, but this was when all fields were being utilized. Also, this is not revenue by team, but by a league as a whole. On a team basis, there would not be enough revenue generated . Commissioner Gassman indicated she was exploring ways in which the travel team . could generate future revenue, acknowledging Commissioner Weber's concern of field use growth and the travel team's ability to remain without fees. Mr. Rutledge commented as field use increases, the fees a travel team would pay will become a moot point because of the field use priority. Mr. Dunn acknowledged the difficulty. In his experience with winter ball, there were two divisions with 26 teams of nine through twelve year olds in 2005 compared to only eight teams in 2004. More and more youth want to play. Commissioner Hackney asked Mr. Rutledge about the $50/tournament fee and the cost of a child on a travel team for the season. Mr. Rutledge said last year, his team played 15 tournaments at a cost of $450 - $500/tournament. Travel and World Series added approximately $100/child for the hotel stay for a week. For the entire team, if including hotel cost and food, it cost approximately $35,000 for the ten months his team played. Further, the team has fundraisers every month and is still behind monetarily. Mr. Johnson stated if the children are residents of La Quinta, it should not matter what type of team in which they play. He continued to point out that their travel team ranked 1 1 to in the nation in AAA and third in Southern California and thought the people of La Quinta would want to back their success. Mr. Dunn agreed with Mr. Johnson's point of residency. He explained his understanding of the recreation league's priority because of the large number of children, and one team can not disrupt a league, but if the travel team is playing when the other teams are not, they should be treated the same. City Manager Genovese explained the City provides recreation through recreation leagues. It is provided to all children, and all have this opportunity. The leagues of our current discussion are a little different, and are made up of both children residing in La Quinta and those residing in surrounding cities. Other examples falling out of the recreation category are band participants from La Quinta High School Community Services Commission Minutes 5 January 9, 2006 and softball teams, both of which have applied to the Grant Program. Mr. Rutledge commented that Palm Desert worked with travel teams because as a city, they feel they must encompass all levels of play. Palm Springs will call the travel teams to clean a trash -filled field in exchange for playing at no cost. Commissioner Leidner commented he had recently attended a meeting where he met a parent living in Mission Viejo, who subsidized his daughter's competitive softball travel team at $200/month, indicating the travel was the most costly expense. Commissioner Hackney asked how much in fees was collected in 2005 for Class II teams. Staff explained the fees are new to the travel team, and have only been in effect since September, 2005, but directed the Commission to the Community Services Department Report included in their Agenda Packet, which showed the Sports Field revenue by month, and not year-to-date. Commissioner Hackney inquired further because he was under the impression the fee had been in existence for years. Staff indicated the current fee schedule was approved in June, 2005 and became effective in September, 2005. The Class II fee always existed, but the travel team was recently reclassified from Class I to Class II due to a policy change. Because the prior fee schedule was already contracted for summer, the new fee schedule did not become effective until the fall contract. Commissioner Hackney asked if anyone had the previous definition of the fee schedule. Staff indicated they could obtain one, but did not have one with them currently. Commissioner Gassman asked if there was any other distinction that could be made to assist the travel team, while keeping things in tact, for example, age differentiation. Commissioner Hackney asked Mr. Rutledge about player's age limitations. Mr. Rutledge indicated children are less than 14 years of age. Community Services Commission Minutes 6 January 9, 2006 Commissioner Gassman ascertained that there are travel teams with children 14 years of age and over, but these children use the high school's fields to play. The definition of the travel team Mr. Rutledge is representing is one with children under the age of 14 years, is considered non -recreational, and consists of 75 % La Quinta residents. Commissioner St. Johns agreed with Commissioner Gassman's distinction of the children. Commissioner Leidner asked Mr. Rutledge if the overall cost burden was the field lighting or the fee schedule as a whole. Mr. Rutledge indicated the field lighting was most costly at $15/hour compared to the cost for field usage at $5/hour. Commissioner Leidner asked if a recommendation was made to City Council to reduce the field lighting costs by 50% for the Class II team, would it be sufficient in conjunction with the team's fundraisers and the approval of the grant request. Mr. Rutledge felt it would. Commissioner Leidner suggested leaving the team classifications as is and with grant approval and the reduction of the field lighting fees to possibly $7/hour, for the Class II, non-profit team, the compromise could make it financially feasible for everyone, especially for the parents. Commissioner Hackney asked staff the cost of the field lighting in the past. Staff indicated that the recreation ball organizations have never paid for the field lighting, but for Class 11 teams, field lighting has always been $15/hour. Further, travel teams did not pay for field lighting until the recent reclassification from Class I to Class 11. City Manager Genovese explained the travel team was not classified as a recreation organization, but rather as a La Quinta non-profit or community -based organization. He pointed out if a group of La Quinta residents wanted to play baseball, they would pay $20/hour for field lighting, if they were not a part of a recreation league or travel team. Community Services Commission Minutes 7 January 9, 2006 MOTION — It was moved and seconded by Commissioners Gassman/Leidner that Commission recommend to the City Council that the Class II field lighting fee be reduced from $15/hour to 0/hour. Motion carried unanimously. B. Youth Workshop The Commission had requested a progress report on what the Community Services Department had done since the last Youth Workshop. Staff presented the information contained in the Staff Report, a copy of which is on file in the Community Services Department. Commissioner Hackney asked about the discussion at the last Commission Meeting as itlrelated to having the Youth Workshop in conjunction with a City Council Meeting. He indicated the Commission was soliciting feedback from staff on their thoughts, but based on what he just heard, it sounded as if staff did not want to involve the City Council. Staff confirmed that Commissioner Hackney was correct. Staff did not understand the direction the Commission was headed in involving the City Council with the Youth Workshop and felt that more insight could be obtained from the students without involving the City Council. Commissioner Gassman felt that seeing how local government worked would be helpful for the students to learn, particularly by involving the government class or the student body officers. City Manager Genovese indicated this could still be done, but it really wasn't thought to be a part of this workshop. However, making the invitation to the students would always be open, even to middle school students. To have the students come to Commission Meetings could be less intimidating than a City Council Meeting in the future. The City will hopefully start the Master Plan this year, and it should prove exciting for the Commission. As it moves forward; there will be several components, including assessing the City's recreation needs. The recreation needs will be much broader than leisure classes and youth sports and will include information received through the Youth Workshop. The term, Youth Master Plan, although not new, is being used by the City of Indio. La Quinta has already been working the Youth Master Plan indirectly for years, receiving input from the La Quinta youth, but has not funneled it into a Master Plan as of yet. Commissioner 'Weber felt having one-on-one dialogue with student leaders would be most beneficial. It would reconfirm the investment the community is making in Community Services Commission Minutes 8 January 9, 2006 the youth through the programs and the parks, while conveying the cost of surveillance cameras, for example, due to the acts of a few not adhering to the rules. He felt this to be a very important learning tool, having ASB students from the High School and Middle School at Commission Meetings, participating in the Youth Master Planning there. He also stated that he was present at the Indio City Council Meeting where the Youth Master Plan was presented, and felt that La Quinta had already received input as good as or better than what he saw in Indio. What La Quinta has already been receiving appeared to be what Indio is calling the Youth Master Plan. He encouraged continuing the dialogue and getting one-on-one time with student leaders. He suggested after a few meetings, invite students to attend the City Council Meeting, and let there be dialogue between student and Council, possibly a presentation to Council about their involvement with the Commission. Commissioner Gassman thought this was a good idea because a Commissioner can only make recommendations to the City Council and that would be the same process the students would also follow, taking their recommendations to City Council. Commissioner Weber said this would be a demonstrative form of government, which needs to be taught to the students, that there is a cause and effect and investment in time pays a reward. Commissioner Leidner asked how many student participants there were last year. Commissioner St. Johns indicated not many. Commissioner Hackney estimated less than 40 students and approximately 20 adults. Commissioner Leidner asked if it would be proper to recommend to City Council that students attending a City Council Meeting be acknowledged formally. The news of this might spread and assist in increasing the student participation. Commissioner Hackney felt there are two outlets, getting the student's input and having the type of dialogue as Commissioner Weber outlined, and felt the Commission has the ability to allow people to come and express what is important in an informal setting. Commissioner Gassman asked if students had received a Certificate of Participation in the past. Commissioner St. Johns indicated they had not. Commissioner Hackney indicated that instead of having staff prepare a report card on how well the Commission responded to student suggestions, approach it Community Services Commission Minutes 9 January 9, 2006 differently. He suggested having staff show the students how much the City supports youth and the kind of efforts taken with a dollar amount to support this, such as the cost of the skate park. Commissioner Leidner did not think this would matter to those wanting to go on a shopping excursion or to a Big Bear trip. He did not feel this would cause a student to open their mind about the money spent. He felt that when you're 15 years old, you think the City has all the money in the world. He felt this to be more self -gratifying to announce what the City has spent. Commissioner Weber felt ASB student leaders might be more interested in the information of how much money the City spends, for example on supporting the youth. In their capacity of representing the student body, they may take this information back to the other students. If nothing else, he felt the students would see a reality, that there is a cause and effect, that participation does pay dividends, their voices are heard, and they would see how the process works, which is very positive in the development of our youth. Commissioner Leidner felt talking dollars might backfire, when the youth would see thousands spent by the City compared to millions and billions spent by the state and federal government, they might draw the conclusion that the City does not spend much money at all. Commissioner St. Johns expressed her dislike of the idea discussed previously, relating to agency leaders from Sun Bus, banks, etc. The idea of ASB student leaders, from the High School and Middle School, coming in and developing some kind of Master Plan, actually having them do some of the work and presenting it to City Council was a wonderful idea. Commissioner Leidner agreed and asked if this should be expanded to other age groups in the community as well, a senior workshop for example. Commissioner 'St. Johns and Commissioner Gassman agreed. Commissioner Hackney asked if this should be done in February or March. City Manager Genovese indicated the City was not ready to move on the Master Plan as of yet. If the Commission wanted, they could have a workshop and gather input in advance of the Master Plan. This could eventually go to City Council. With the Master Plan, you will be contacting all the different segments of the Community Services Commission Minutes 10 January 9, 2006 community. The timing is rather awkward because you would normally have a youth workshop or youth input during the master plan. Commissioner Hackney asked when the Master Plan would begin. City Manager Genovese indicated the soonest would be March, and this would be bypassing the request for proposal process, which he felt could be done now. Commissioner Weber asked if it made sense to have the youth workshop in conjunction with the Master Plan, to possibly eliminate any duplication of effort. City Manager Genovese indicated if the Master Plan is kicked off in March, which is when the consultant would begin at best, the youth workshop and getting input would probably be pushed back until May. If the Commission wanted to have a workshop prior to the Master Plan kick-off, this input could be used in lieu of the Master Plan input, or the students could be contacted again. Commissioner Weber felt it best to wait and have the Youth Workshop in conjunction with the Master Plan, but start the process now by working with ASB student leaders in March, wait for the Master Plan and involve student leaders in that process as well, asking for their help by becoming advocates to increase attendance at these workshops. Commissioner Leidner asked if it would be proper to invite student leaders to the next Commission meeting and make it an agenda item to get input from them on how to achieve greater participation. City Manager Genovese thought this was a good point, to invite ASB student leaders to a Commission meeting, explain the Master Plan and its objective to get input from the students on their needs, and soliciting their input on the best way to open the communications. Commissioner Hackney felt the Youth Workshop should be done as in past years, taking the student's input and having staff use it as part of the planning process. This has resulted in excursions such as Raging Waters, the Big Bear Ski Trip, a Laker's Game, etc. Commissioner St. Johns would rather see more youth than inviting Sunbus or other local businesses. The Commission discussed a date to invite students to a Commission Meeting. s M i Community Services Commission Minutes 11 January 9, 2006 Because of the two school holidays in February and Spring Break in April, and no school holidays in March, March is thought to be the best time. The intent at the meeting is to gather student input on how to get student participation in a future workshop. When entering the contract for the Master Plan, the contractor will assist in conducting the workshop. MOTION — It was moved and seconded by Commissioners Leidner/Hackney that student leaders be invited to the March Commission Meeting, with the intent of student assistance in planning a future workshop. Motion carried unanimously. VII. CORRESPONDENCE AND WRITTEN MATERIALS 1 A. Calendar of Monthly Events No other correspondence or written materials offered. VIII. COMMISSIONER ITEMS A. Reports from Commissioners Regarding Meetings Attended Commissioner St. Johns attended a Gang Workshop in Riverside and provided handouts. Coachella Valley is in Region 1 and has many gangs. There are approximately 2,000,000 gang members in the United States, but only seven to eight percent are violent. Youth 14 to 24 years of age are the most criminally active, but by this year, the number in the United States will reach 30,000,000. There is a Hispanic gang in Santa Ana that makes $1,000,000 a week selling methamphetarnines. It is difficult to say to young men and women that they should work at Wal-Mart when there is money being made illegally like this. Unfortunately, the money being made is to support their families. Also, 60% of all the world's illegal drugs are used in the United States. Commissioner St. Johns also commented because of the money to be made in selling drugs, it doesn't just involve gang members any longer, but students that may not do too well in school, students we would hope would come to the youth workshops, where they can be shown other opportunities. Also discussed were tattoos and their meanings. There is a book available on the web that shows where to get tattoos removed. The closest tattoo remover to Coachella Valley is in Orange County. There are also 11,000 gun dealers in California in 2,000 high schools. T Community Services Commission Minutes 12 January 9, 2006 Commissioner Gassman attended the jazz concert at the Tack Room at the Empire Polo Grounds on December 29th. She attended an opening at the Figurative Art Studio and will be attending the grand opening of a new art studio at Point Happy. Commissioner Leidner attended no meetings but asked if notification was made to residents regarding the expiration of their Silver Rock cards. City Manager Genovese indicated there was notification in a newsletter and in the Gem. The card has been extended to three years at the same $15 processing fee and now utilizes a bar code on the back for better security. The card is only used for golf at Silver Rock at this time. Commissioner Weber attended a meeting at the City of Indio. There was a PowerPoint presentation of their Youth Master Plan. He felt the input La Quinta is receiving is as meaningful if not more meaningful than what he saw in Indio. IX. ADJOURNMENT MOTION — It was moved and seconded by Commissioners Hackney/Gassman to adjourn the Community Services Commission Meeting at 8:47 PM. Motion carried unanimously. NEXT MEETING INFORMATION Monday, February 13, 2006 @7:00 PM La Quinta Civic Center - Study Session Room Submitted by: Anna Sampson, Community Services Secretary REPORT/INFORMATIONAL ITEM: I� MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 10, 2006 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 Kirk who asked Commissioner Alderson to lead the flag salute. B. Present: Commissioners Ed Alderson, Richard Daniels, Paul Quill, and Chairman Tom Kirk. It was moved and seconded by Commissioners Daniels/Alderson to excuse Commissioner Ladner. Unanimously approved. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Planning Manager Les Johnson, Associate Engineer Paul Goble, Principal Planner Stan Sawa, Associate Planners Wallace Nesbit and Andrew Mogensen, Assistant Planner Jay Wuu, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any changes to the Minutes of the December 27, 2005 regular meeting. There being no changes to the minutes, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. Chairman Kirk abstained. V. PUBLIC HEARINGS: None. A. Continued - Environmental Assessment 2005-550, General Plan Amendment 2005-106, Zone Change 2006-1 26, Specific Plan 83-002, Amendment #5, and Tentative Parcel Map 32752; a request of Ray Shaffer for consideration of: 1) a Negative Declaration of environmental impact; 2) a General Plan Amendment and Zone Change from golf Course to Low Density residential; 3) a Specific Plan to allow the conversion of 2.3 + acres of existing golf course/common area to residential use; and 4) review of a Parcel Map to subdivide 2.3 + acres into three single- G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc Planning Commission Minutes January 10, 2006 family lots, for the property located between Weiskopf and Jack Nicklaus Golf Courses, immediately south of PGA Boulevard, within PGA West. 1 . Commissioner Daniels informed the Commission that he belongs to the Master Homeowners' Association (HOA) for PGA West, but not the HOA for this subdivision. He does not believe it is a conflict of interest and will participate in the meeting. 2. Chairman Kirk opened the public hearing and asked if anyone wanted to speak regarding the project. Mr. Myron Mintz, 80-355 Weiskopf, stated his objections to the project and asked that this item be continued . 3. Staff informed the Commission why the continuance was requested. 4. It was moved and seconded by Commissioners Daniels/Quill to continue Environmental Assessment 2005-550, General Plan Amendment 2005-106, Zone Change 2006-126, Specific Plan 83- 002, Amendment #5, and Tentative Parcel Map 32752 project to January 24, 2006. Unanimously approved. B. Site Development Permit 2005-839; a request of Marchi and Associates for Wells Fargo Bank for consideration of development plans and a sign for a bank with a drive-thru with approximately 4,500 square feet of floor area, for the property located northwest of the intersection of Highway 1 1 1 and La Quinta Drive in The Pavilion at La Quinta project. 1 . Chairman Kirk asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked about the Americans for Disabilities Act requirements in regard to the sidewalk to Highway 1 1 1 . Staff stated access must be provided to the public sidewalk as well as the parking lot. 3. Chairman Kirk stated asked the location of the bus stop. Staff stated they would need to review the plans to determine the exact location. G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 2 Planning Commission Minutes January 10, 2006 4. Commissioner Daniels asked if the drive-thru intruded into the landscape area at the southeast corner. Staff stated it will slightly for the knuckle. 5. Commissioner Alderson thanked staff for taking into consideration the slope design for the drive-thru. He then asked if the landscaping plans would come back before the Commission. Staff stated currently it is recommended for staff review, but the Commission can condition it to come back. 6. Commissioner Daniels asked if the landscaping plans reflected the Architecture and Landscape Review Committee (ALRC) concerns. Staff stated no but, the applicant is aware of what they are and they are included in the conditions. 7. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Brett Marchi, architect representing the applicant, stated he had a concern with regard to Condition 26.A.1.a. as it was his understanding that all street conditions have been completed. Associate Engineer Paul Goble stated that was true, but the condition was added because the Specific Plan and Site Development Permit calls out changes to the street configuration and they have not been completed. The plans for the ultimate improvements are still pending, so the condition was placed on the project until they have been completed. Mr. Marchi asked about Condition 30.G. regarding the 14 foot drive-thru aisle width. The setbacks are taken from the curb of the drive aisle and if they have to provide a 14 foot drive aisle, it would cause them to reduce the building by two feet and he does not have the room. He asked if there was an exception that could be taken in regard to the setback. Associate Engineer Paul Goble stated they have had extensive discussions with the City's traffic consultant regarding aisle widths and the 14 foot requirement was the reasonable width that was decided upon. Mr. Marchi asked what this was based on. Staff stated it was based on large vehicles with maneuverability that could create problems. 8. Commissioner Alderson asked where the 14 feet came into play. Mr. Marchi stated it is along Highway 1 1 1 when you first come into the Center. He went on to discuss his reasoning for requesting a smaller drive aisle. G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 3 Planning Commission Minutes January 10, 2006 9. Commissioner Quill asked the width of the aisle at the knuckle. Mr. Marchi stated he did not know, but their dimension was based on a suburban size vehicle. He believes they have the 14 feet at the radius. 10. Chairman Kirk asked if the applicant would address the other issues raised. Mr. Marchi stated that in regard to the parking (adjacent to the drive-thru), on the approved master plan for the site, the parking is already laid out in this location. As far as the employee parking area being in conflict with the ATM users, the employees will be arriving in the morning and leaving at the end of the day which he believes will not be a conflict with the ATM users. The area will be identified as employee parking. 1 1. Chairman Kirk asked if staff had any issues with the employee parking. Associate Engineer Paul Goble stated it is a concern, but staff addressed this in Condition #30 A-J. Staff's primary concern is site distance on the north as you leave the drive-thru aisle. Mr. Marchi stated they would extend the walkway and put a bend in the berm to soften the look. 12. Commissioner Daniels stated that since they protrude into the required setback on the curb, could they move the building to the north. Mr. Marchi stated the only way to get a 4,500 square foot building on this site is to move the drive aisle back or remove the parking on the front. They are pinched at the top for the exit aisle to get the handicap area out of the building. The building is very tight and they would have to lose square footage. Commissioner Daniels asked how far they protrude into the setback. Mr. Marchi stated about three feet. 13. Commissioner Alderson asked if they could make the planter on the south side of the building narrower and widen the driveway. Mr. Marchi stated he would agree with this but they were required to buffer the building with landscaping. 14. Chairman Kirk asked if the grid element shown on the elevation was a trellis. Mr. Marchi stated it would be a very tight green wire mesh product that vines will grow into. 15. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 4 Planning Commission Minutes January 10, 2006 16. Commissioner Daniels stated he was trying to resolve the intrusion into the setback. He would rather have the landscaping removed adjacent to the building and supplement for landscaping on the berm. He does not have a concern with the parking and he agrees with the applicant on the public walkway. 17. Commissioner Alderson complemented the applicant on the colors. He would agree with the applicant in regard to the 12 foot drive- thru aisle on the straight portion. 18. Commissioner Quill stated the width of Chick-fil-a driveway was not even discussed when it was before them; what was their width. Staff stated it was approximately 14 feet and will narrow at one point. The traffic engineer wanted more and staff settled on 14 feet. Some areas of this drive aisle could be reduced. Community Development Director Doug Evans suggested they consider reducing the width on the straight portion of the aisle and keep it at 14 at the radius. Staff could work with the applicant to taper the aisle on some portions. A 12 foot lane on a straight aisle is sufficient, as long as the radius in larger. 19. Commissioner Quill thanked staff for making sure the berm is at four feet to screen headlights of the cars entering the drive aisle. He likes the applicant's suggestion to meander the sidewalk access to bring the berm in tighter and screen the view. He would like the Texas Ranger size increased on the drive aisle and add an additional six or seven Texas Ranger plants on the west side to help screen the area. Has no problem with the encroachment into the setback and he is willing to compromise to reduce the drive- thru aisle on the straight portion and have the knuckle wider. 20. Chairman Kirk stated the building is a nice design, with respect to the setback encroachment if they allowed the 12 foot drive aisle they could add the two feet to the setback in another area and the average would be 50 feet. He agrees with Commissioner Quill in regard to the landscaping and the applicant treatment of the curvilinear sidewalk. He did not hear what the Commissioners wanted in regard to the parking. 21. Commissioner Quill stated he has no issue with the parking. 22. Commissioner Alderson stated the area was not conducive for public parking and therefore would have no problem. He would G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 5 Planning Commission Minutes January 10, 2006 like to see larger plants. Community Development Director Doug Evans stated one gallon plants would not be as root -bound as five gallon plants. 23. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2006-001 , approving Site Development Permit 2005-839, as recommended and modified: a. Condition added to require curvilinear sidewalk between Highway 1 1 1 and the building. b. Condition added to require additional landscaping — five gallon Texas Rangers. b. Condition added to allow the drive aisle to be reduced in the straight areas as long as the knuckle is 14 feet ROLL CALL: AYES: Commissioners Alderson, Daniels, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. C. Tentative Tract Map 34185; a request of Sienna Corporation for consideration of a subdivision of approximately 3.12 acres into ten residential lots and other miscellaneous lots for the property located ± 425 feet west of Jefferson Street along the north bank of the CVWD Stormwater Channel, south of Fiesta Drive, accessed from Hummingbird Lane. 1. Chairman Kirk asked for the staff report. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which was on file in the Community Development Department. Staff noted some changes to conditions identified in a memorandum distributed to the Commissioners. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the four or five parking spaces that were on Lot B, were removed and moved to a proposed parallel parking option along the CVWD Flood Control Channel, and on the premise CVWD will not allow this option, then the applicant would go to a 32 foot street width, has the applicant agreed. Staff stated the owner has reservations about increasing the street width. G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 6 Planning Commission Minutes January 10, 2006 3. Commissioner Quill stated that typically development along the Channel requires lining of the Channel; is that the case here. Staff stated it is already lined except for a small strip which the applicant will line. 4. Chairman Kirk asked if this property has ever been designated as open space. Staff stated that was not known without extensive research of the files. Chairman Kirk asked if there has ever been any other designation made on this property. Staff stated that would be question for the applicant. Community Development Director Doug Evans stated staff was not aware of any development or restrictions on this site. 5. There being no further questions of staff Chairman Kirk asked if the applicant would like to address the Commission. Mr. Mike Rowe, representing Sienna Corporation, gave a presentation on the project. They did have an objection to the condition requiring the widening of a street to accommodate parking; they would agree to widen the entry road and restricting the parking on the street. With regard to the proposed gate for the CVWD access, he does not believe CVWD will allow this. They do not propose any gates along an access roadway. This property was originally purchased to provide well sites for CVWD. These well sites have gates and they have spoken with CVWD regarding curb returns for access to the well sites on the southerly return. 6. Commissioner Quill asked if they were proposing a private street with no gates. Mr. Rowe there would be public access. 7. Commissioner Daniels asked how public access was proposed for the two original lots they were proposing previously. Mr. Rowe demonstrated their proposed location and reasoning for changing the tract design. 8. Commissioner Alderson asked about Lot B and C in regard to how they would be treated. Mr. Rowe stated they would be landscaped and could use berming to hide the parking spaces. An HOA will be created to maintain the lots. 9. Chairman Kirk asked if there was any other public comment. Mr. Shane Falleur 79-895 Fiesta Drive, stated he lived right behind Lot B and his concern is that there is no wall or landscaping to hide headlights coming from the proposed parking into his property. G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 7 Planning Commission Minutes January 10, 2006 They were told only two lots were going to be created and now things have changed. There is no wall to separate this tract from his property. Mr. Rowe stated they would be willing to construct a wall. Chairman Kirk asked if a six foot wall would address his concerns. Mr. Falleur stated yes. 10. Mr. Rod Wright, 79-859 Hummingbird Lane, Lot 65, stated his concern is that he bought his house to live on a cul-de-sac and now there will be a lot of traffic on his road. He too had been told there would be only two lots. Now with ten lots he has traffic concerns. 1 1. Ms. Bobbie Froemming, 79-865 Hummingbird Lane, stated she too was approached and told that a block wall would be constructed between her house and the homes to be built. She is also concerned with the amount of traffic these ten lots will create. The construction of the homes will also bring a lot of construction trucks onto Hummingbird Lane. 12. Mr. Robert Denewiler, 79-915 Fiesta Drive, Lot 58, stated he too is concerned with the amount of traffic. When he bought his home, he was told nothing would be built behind his house now, there will be ten homes. Commissioner Quill asked if Mr. Rowe or anyone from the Sienna had ever spoken with them regarding the proposed tract. Mr. Denewiler stated no, and he also did not receive any notification regarding this hearing. 13. Mr. Lee Larimore, 78-925 Fiesta Drive, stated he agrees with what has been stated as well as concern regarding the density of this tract. He asked the size of the lots as it appears the houses are as big as the lots. This will affect their property values having the smaller houses next door. He is also concerned about their access onto Jefferson Street. 14. Chairman Kirk asked Mr. Rowe to address the concerns that had been raised by the residents. Mr. Rowe stated the lot sizes along Fiesta Drive will be 8,700 to 10,800 square feet. These lots are comparable to lots in the area with the exception of the cul-de-sac lots. The construction traffic for the tract will come down Fiesta Drive. In conversations with the residents he has informed them what the area was zoned for and this tract is still below the allowable density, four units to the acre. He believes he has always been upfront with the residents in the area. G:\WPDOCS\PC 1V1inutes\2006\1-10-06PC.doc 8 Planning Commission Minutes January 10, 2006 15. Commissioner Quill stated Lots 55 and 56 currently have houses on them and asked if Sienna ever owned them? Mr. Rowe stated no. 16. Commissioner Alderson asked the house sizes proposed. Mr. Rowe stated they are not intending to build. If they are unable to sell the lots, then they will build what is comparable to what is there. 17. Commissioner Quill noted Lots 2 and 3 have a rear slope going into the building envelope. Mr. Rowe stated there will be stepped retaining walls to accommodate the slope. Commissioner Quill asked if the stormwater would go to the channel. Mr. Rowe stated yes and it has been worked out with CVWD. 18. Commissioner Daniels asked if there were any two story houses and would he have any objections to being conditioned to only one story. Mr. Rowe stated he would object, if it was already allowed by Code. Chairman Kirk asked what the maximum height requirement was for this area. Staff stated 28 feet. Chairman Kirk asked if there were any two story homes existing. Staff stated no. 19. Commissioner Alderson asked about the concern regarding automobile lights into the adjoining property. Mr. Rowe stated he had told the residents that if they build the homes, they will build a wall. 20. Ms. Bobbie Froemming, stated she would appreciate the Commission conditioning the applicant to one-story homes. She too was told this property would never be built upon. 21. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 22. Commissioner Quill stated he has a concern that the applicant has not met with the residents regarding these issues. He would also agree with limiting the homes to one story and requiring the applicant to construct a wall if the adjacent property owner wants it. He would support continuance of this project to allow the applicant time to meet and discuss some of the issues with the residents. G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 9 Planning Commission Minutes January 10, 2006 23. Commissioner Alderson stated he too is concerned that some of the residents were not notified about the public hearing. He supports limiting the project to one story. He would prefer to look down the drive-in entry and see a landscaped road rather than the dirt trail that exists. If CVWD did not allow the encroachment, the applicant is not supporting the street widening alternative and he does not know where it will go. 24. Commissioner Quill stated that in regard to street widening, he would support the 28 foot wide street. 25. Commissioner Daniels stated he would support Commissioner Quill's comments. He would also support the project going forward while working with the neighboring residents to resolve the issues. He would want Mr. Rowe to meet with the neighbors and resolve the issues as early as possible. 26. Chairman Kirk stated he too would be concerned if he lived here for 30 years and had an expectation of low density or open space. He would like to see a continuance to see a meeting between the residents, staff, and the developer to resolve the issues such as density, amenities, and site design. He agrees with allowing the 28 foot right-of-way with rolled curbs. If they can work an easement with CVWD and have rolled curbs he would not be concerned with off-street parking. 27. It was moved and seconded by Commissioners Daniels/Alderson to continue Tentative Tract Map 34185 to February 14, 2006 28. Chairman Kirk reopened the public hearing. Mr. Rowe asked that the notice be made tonight to allow this public hearing to take place in one month. Chairman Kirk asked that staff deliver a notice to each resident and post it in the area. 29. Commissioner Daniels stated he believes the neighbors have been notified and he would move to continue the hearing to February 14, 2006 with the project being re -noticed for a neighborhood meeting. Commissioner Alderson seconded the motion and the motion carried unanimously. B. Village Use Permit 2005-032 and Development Agreement 2005-009; a request of Nispero Properties, Inc. for consideration of: 1) development plans for construction of a ± 19,433 gross square foot two-story office G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 10 Planning Commission Minutes January 10, 2006 building, including a 935 square foot coffee bar in the Village at La Quinta; and 2) a Development Agreement for parking management to allow construction of said office building and coffee bar for the property located at the northwest corner of Avenida La Fonda and Main Street. 1. Chairman Kirk asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the westerly property wall would be four feet in height. Staff stated there is no existing wall. Staff is recommending a four foot wall. 3. There being no further questions of staff Chairman Kirk asked if the applicant would like to address the Commission. Mr. Steve Nieto, Southwest Concepts, representing the applicant, gave a presentation on the project. 4. Commissioner Daniels asked if the applicant saw any parking problems. Mr. Nieto stated no, his own parking lot where he has his business in the Village is never full. He has no objection to the conditions or the Development Agreement. 5. Commissioner Quill stated he would like to see a pedestrian access created to Old Town through this building. Mr. Nieto stated it would all depend on what is built on the adjacent lots to the west. They are proposing a six foot wall along the west property line. Commissioner Quill stated he would like the pedestrian access to be similar in style to what the City has installed on Avenida Bermudas. 6. Chairman Kirk asked what the ALRC recommended. Mr. Nieto stated they requested the rear elevation of the coffee bar be redesigned to remove the oval windows and install some arches to reflect the other windows. Chairman Kirk stated he would rather see windows than the arches with no windows. Mr. Nieto stated the area behind the arches is for storage. He would recommend some type of inlay inside the arches with stone or tile. Chairman Kirk asked if the second floor of the rotunda, on the rear elevation behind the rail, needs some detail added. Mr. Nieto stated there is an office in the rotunda with one window. He does not believe G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 11 Planning Commission Minutes January 10, 2006 there will be much ability to see this area from the street. They could create some detail to add interest. Chairman Kirk stated he was concerned where the pedestrian activity will occur. It appears most of the activity will occur in the rear instead of the front of this building. He too wants to see the link between this project and the downtown area. Mr. Nieto stated the front elevation is the choice elevation and most of the traffic will enter from the rear. Chairman Kirk stated he would prefer the traffic be along Main Street. He asked staff if there could be some on -street parking provided with a 28-foot street width. Associated Engineer Paul Goble stated the traffic engineer found it very difficult with the layout of the building and the curve of the street. Something would have to be sacrificed because the building footprint has been maximized. Chairman Kirk stated they would prefer to lose parking in the rear to obtain on -street parking. This would slow the traffic down and he would prefer to see the coffee bar in the front of the building. Community Development Director Doug Evans stated this is probably starting to push the idea of 28-foot wide streets. This particular location is relatively busy with the Senior Center and Library. If the City allows on -street parking we would need to look at locations to maintain turning movements in and out of driveways. They considered popouts, but unless you pull it behind the sidewalk you could have half a car in the street. Chairman Kirk asked if the Commission supports the idea. 7. Commissioner Alderson asked if they are proposing parallel parking with an inside radius would this not cause more problems. Associate Engineer Paul Goble stated it is a problem in this area and unless a variance were given to the standards currently being used, you run into the building. 8. Commissioner Quill stated it seems you could have parallel parking spaces the entire length of the building along Main Street with a sidewalk and enhanced pavement landscaping and push the building to the west a few feet and still make it work. This would help bring the traffic into the front of the building. 9. Commissioner Alderson stated that if we are trying to create pedestrian activity in the front, could they have an ornate walkway across the street and utilize the library parking lot. Staff stated it could be done but, it may not be the best location. G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 12 Planning Commission Minutes January 10, 2006 10. Chairman Kirk stated he would suggest no one would park across the street and walk across the street unless the rear parking lot was closed or full. Mr. Nieto suggested they eliminate or reduce the landscaping and provide a 32 foot wide street with parallel parking. Community Development Doug Evans stated the street could be widened four feet closer and landscaping reduced to accommodate the on -street parking on the inside of the curb. Some areas may need to be red -curbed, but it should work. 11. Chairman Kirk stated he would not want to lose horizontal landscaping. If you move the curb back four feet he would like to see landscaping in the sidewalk itself. If the building were moved to the west and lose parking spaces to the north and south and make them up with parallel parking on Main Street. 12. Commissioner Quill suggested an enhanced or paver sidewalk with planter pockets with trees be used similar to the El Paseo sidewalk. 13. Chairman Kirk asked if there was an opportunity to move the coffee bar to the front of the building. Mr. Nieto stated they could move it into one of the front spaces without redesigning the building. If they are required to move the building to the west he would not be able to meet ADA requirements. Discussion followed. Staff recommended parking pockets with landscaped areas be allowed which would give them ten spaces. Chairman Kirk stated he would not recommend the parking pockets on an inside radius as it would make it more difficult to get in and out. Associate Engineer Paul Goble stated he was not tied to the parking pockets. 14. Chairman Kirk asked if anyone else wanted to speak on this project. Mr. Bob Hill, 58-473 Quarry Ranch Road, developer of the project, stated that in regard to the parking issues they envisioned the building not being a retail center similar to Old Town, but office oriented. He does not see the intensity of in and out parking during the day similar to what retail uses would generate. The coffee bar was to service the businesses in the office complex and across the street and not to be a "Starbucks". He would agree to the on -street parking with the detailed walkway across the street. He does not agree with losing parking spaces and move the building back as he would not receive any benefit from this. G:\WPDOCS\PC 1V1inutes\2006\1-10-06PC.doc 13 Planning Commission Minutes January 10, 2006 15. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 16. Commissioner Alderson stated the emphasis for the front parking to have a user friendly building does not appear to be what the applicant wants. Therefore, he does not believe the building should be moved back. As far as the rear window of the coffee shop, he supports some architectural detail being made. 17. Commissioner Quill stated it is a great looking building and he agrees with the window treatment to the coffee bar. The idea of this area is to make it a pedestrian friendly area. Having a traffic calming sidewalk into this site with on -street parking will help to accommodate that emphasis. He does not believe it is necessary to push the building back. The sidewalk could be reduced and enhanced with planters and it could still work with on -street parking. 18. Commissioner Daniels stated he too would not want to push the building back. Allowing the on -street parking is needed. 19. Chairman Kirk stated he wants the public space image and the objective of pedestrian linkage between major activity centers in the City. On -street parking, enhanced paving, and pedestrian link across the street need to be done. If we can get 14-15 parking spaces with on -street parking, he does not believe a Development Agreement is needed for four spaces. Community Development Director Doug Evans stated they would need to provide the applicant with relief for parking standards which would require a different application. Chairman Kirk asked why they could not grant 100% credit for parking spaces. Community Development Director Doug Evans stated they were doing that through a Development Agreement. From a parking perspective, there may be an advantage to having public parking at this end of the Village and give people the ability to walk from the east to the west throughout the Village area. 20. Following discussion it was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2006-002, recommending approval of Village Use Permit 2005-032, as recommended and modified: G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 14 Planning Commission Minutes January 10, 2006 a. Condition added: the street section on Main Street be widened to allow an additional four feet on the half width in order to allow on -street parking in front of the building. b. Condition added: an enhanced sidewalk with associated landscaping shall be installed. C. Condition added: architectural detail shall be added to the rear elevations of the coffee bar. d. Condition added: coffee seating shall be encouraged in the front courtyard area of the building. ROLL CALL: AYES: Commissioners Alderson, Daniels, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. 21. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2006-003, approving Development Agreement 2005-009, as recommended and modified: a. Modified to allow a one to one credit for up to the number of parking spaces that is determined by the Public Works that can be created. ROLL CALL: AYES: Commissioners Alderson, Daniels, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. VI. BUSINESS ITEMS: A. Continued - Consideration regarding Hookah Bars; a request of City for direction in regard Hookah Bars within the City. 1 . Chairman Kirk asked for the staff report. Assistant Planner Jay Wuu presented the information in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Daniels asked why it was not proposed as a permitted versus a conditional use. Staff stated that during their review of the use, it was found that some undesirable uses had accompanied the use in other cities. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Emad gave a presentation on the project. He r G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 15 Planning Commission Minutes January 10, 2006 stated there would be no serving of alcoholic beverages. Coffee, tea, juice, soda and water would be served in closed containers. Admittance would be limited to adults 18 years and older. It would be a safe environment. 4. There being no further public participation, the matter was opened to Commission discussion. 5. Commissioner Daniels stated he thought it was a reasonable request and he would support the use. 6. Commissioner Alderson stated he could not support this type of business as he believes it is a health issue. 7. Chairman Kirk asked if the Commission has to allow a use that is a permitted use, similar to an adult business, somewhere in the City. Michael Houston stated not in this case. Business uses other than adult uses, do not have the same free speech protection adult uses have. Cities and counties are allowed to prohibit such uses under a general commercial speech standard. 8. Chairman Kirk stated he too does not want to encourage smoking, but this is an allowed use. He would see this use being allowed in the Village Commercial area as well. It would add to the foot traffic in the Village. Mr. Emad stated the location is for those to sit down and smoke inside the building. 9. It was moved and seconded by Commissioners Daniels/Kirk to approve the use of Hukah Bars as recommended by staff. Commissioner Daniels and Chairman Kirk voted in favor. Commissioner Alderson voted no. Commissioner Quill abstained. Commissioner Ladner was absent. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Review of City Council meeting olf January 3, 2006 was given. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Alderson/Daniels to adjourn this regular meeting of the Planning Commission to a `a4` G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 16 Planning Commission Minutes January 10, 2006 regular meeting of the Planning Commission to be held on January 24, 2006. This meeting of the Planning Commission was adjourned at 9:54 p.m. on January 10, 2006. Respectfully submitted, r;� 4 y ty J--Sawyer, Executive Secretary City of La Quinta, California r G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 17 MINUTES - PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 24, 2006 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Ladner to lead the flag salute. B. Present: Commissioners Ed Alderson, Richard Daniels, Kay Ladner, Paul Quill, and Chairman Tom Kirk. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Public Works Director Tim Jonasson, Planning Manager Les Johnson, Principal Planner Stan Sawa, Associate Planner Wallace Nesbit, and Consulting Planner Nicole Criste, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any changes to the Minutes of the January 10, 2006 regular meeting. There being no changes to the minutes, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. V. PUBLIC HEARINGS: None. A. Continued - Environmental Assessment 2005-550, General Plan Amendment 2005-106, Zone Change 2006-1 26, Specific Plan 83-002, Amendment #5, and Tentative Parcel Map 32752; a request of Ray Shaffer for consideration of: 1) a Negative Declaration of environmental impact; 2) a General Plan Amendment and Zone Change from golf Course to Low Density residential; 3) a Specific Plan to allow the conversion of 2.3 + acres of existing golf course/common area to residential use; and 4) review of a Parcel Map to subdivide 2.3 + acres into three single- farnily lots, for the property located between Weiskopf and Jack Nicklaus G:\WPDOCS\PC Minutes\2006\1-24-06PC.doc Planning Commissic►n Minutes January 24, 2006 Golf Courses, immediately south of PGA Boulevard, within PGA West. 1. Commissioner Ladner informed the Commission she had a potential conflict of interest due to her job and withdrew from the dais. 2. Commissioner Daniels informed the Commission that he belongs to the Master Homeowners' Association (HOA) for PGA West, but not the HOA for this subdivision. He does not believe it is a conflict of interest and will participate in the meeting. 3. Chairman Kirk opened the public hearing and 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. 4. Commissioner Quil asked if staff had obtained any of the information requested by the Commission at the last meeting. Staff stated yes, and the site had been designated as open space and a General Plan Amendment/Zone Change will be required before the use can be changed to residential. The information regarding the CC&R's is still being researched. 5. Commissioner Alderson asked if the plans for the drive approach on the easterly side, that was close to the gate and moved to the south in a reconfigured form, had been revised. Staff stated not to their knowledge. 6. Commissioner Daniels asked if any of the HOA had responded. Staff stated yes, both HOAs had responded and did not object. 7. Commissioner Daniels asked if the area west of Lot 1 is similar in that it is owned by KSL and not CNL. Staff stated any area similar to this site will require a General Plan Amendment and rezoning application. Commissioner Daniels asked when the master plan for PGA West was approved, was it the practice of the City to give density bonuses and was this land used as credit. Staff would research the issue and report back. 8. Chairman Kirk asked if anyone wanted to speak regarding the project. Myron and Joanne Mintz, 80-355 Weiskopf, asked if staff had stated the HOA had no opposition to the project. Staff stated the letters received stated they had no objection. Mr. Mintz stated G:\WPDOCS\PC Minutes\2006\1-24-06PC.doc Planning Commission Minutes January 24, 2006 he was a member of the HOA and the subject had not been brought before the HOA. They went on to note corrections that should be made to the minutes of January 10, 2006 and December 27, 2005. 9. It was moved and seconded by Commissioners Daniels/Alderson to continue Environmental Assessment 2005-550, General Plan Amendment 2005-106, Zone Change 2006-126, Specific Plan 83- 002, Amendment #5, and Tentative Parcel Map 32752 project to February 14, 2006. Unanimously approved. Commissioner Ladner rejoined the Commission. B. Village Use Permit 2004-025 and Tentative Parcel Map 33954; a request of F. H. LaBranche, Jr. for consideration of three abutting live/work units, each consisting of an office area adjacent to Calle Amigo and a residential unit on the north end of the property; a parcel map to divide the existing lot into three lots, for the property located on the north side of Calle amigo, one lot eat of Avenida Bermudas. 1. Chairman Kirk asked for the staff report. Consulting Planner Nicole Criste presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the project met the density for the site. Staff stated it did. Commissioner Alderson asked about the lot division and if the HOA would be formed with all three lot owners. Staff stated that was correct. 3. Commissioner Daniels asked if the property to the north is also zoned for commercial. Staff stated yes and explained the uses surrounding the site. 4. Chairman Kirk asked if other parking arrangements were considered. Staff stated they did not ask them to consider a different use. As it is primarily a residential use, staff thought it was a good opportunity for shared parking. Alternative parking was very limited. Chairman Kirk stated one consideration is the number of parking spaces and the other is location. G:\WPDOCS\PC Minutes\2006\1-24-06PC.doc Planning Commission Minutes January 24, 2006 5. Commissioner Alderson noted there does not appear to be any parking for customers. Staff explained the parking proposed and how it will function for offices versus residences. 6. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jim Westferd, representing the applicant, gave a presentation on the project. 7. Chairman Kirk asked if the applicant was aware the City has in -lieu fees to pay for parking spaces. This is a good live -work project that can provide good pedestrian traffic. If the City does not create a pedestrian -based sidewalk, it could deter from this type of environment. Mr. Westferd stated the live/work idea does not necessarily generate additional pedestrian traffic. 8. Commissioner Quill asked what type of uses are allowed in the office spaces. Staff stated it could be an art gallery for a resident artist, lawyer, etc., but not specifically designed for retail or people traffic uses. 9. Commissioner Ladner stated this is a project we have wanted for a long time in the Village and she would not was to see this project challenged with parking problems. Staff noted there will be a six foot sidewalk in addition to the parking. 10. Commissioner Daniels asked if there is a sidewalk along Calle Amigo currently. Staff stated no, there is at the end toward Desert Club Drive. Commissioner Daniels asked if a sidewalk would be included on this project. Staff explained. 11. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 12. Commissioner Alderson stated he did not see a need for public parking as it appears to be an office use. He is comfortable with the design as presented. 13. Commissioner Ladner stated she is glad to see this project. She does have a problem with the landscaping in the rear. She would recommend tall landscaping to protect the property owners from the restaurant that is planned for the property behind this site. G:\WPDOCS\PC Minutes\2006\1-24-06PC.doc Planning Commission Minutes January 24, 2006 14. Chairman Kirk stated he is in favor of the idea but, has a problem with the design. He would like to see the building closer to the property line and no parking stalls. When he walks along the street he does not want to see parking stalls. This would be a much better design for the Village. He would recommend removing the parking and moving the building to the street. Community Development Director Doug Evans stated the Commission can make that recommendation and staff can draft a Development Agreement for the applicant to pay a fee in -lieu for parking spaces. The applicant needs to be aware there are no immediate plans for the City to build a parking structure in the near future. 15. Chairman Kirk reopened the public hearing. Mr. Westferd stated the site constraints are such that you do not see the parking spaces. The building draws your eye up to the design of the building. 16. Chairman Kirk closed the public comment portion of the hearing. 17. Community Development Director Doug Evans suggested a condition be added requiring the CC&Rs to disclose that the buyers are buying a unit that is next to a commercial use with noise, nighttime activity and a parking lot to the north. This is a residential use in a commercial area. 18. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2006-004, approving Village Use Permit 2004-025, as recommended and modified: ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 19. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2006-005, approving Tentative Parcel Map 33954, as recommended and modified: a. Condition added: The CC&Rs shall disclose that the buyers are buying a unit that is next to a commercial use with noise, nighttime activity and a parking lot to the north. G:\WPDOCS\PC Minutes\2006\1-24-06PC.doc Planning Commission Minutes January 24, 2006 ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Site Development Permit 2005-848; a request of Transwest Housing, Inc. for review of architectural and landscaping plans for the main entry gatehouse, main entry gate, and perimeter parkways for Griffin Ranch for the property located within Tract 32879, on the south side of Avenue 54, eat side of Madison Street, north side of Greg Norman Course project and ± 1 /4 mile west of Monroe Street. 1. Chairman Kirk asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked how this path was similar to what was along Jefferson Street adjacent to SilverRock. Public Works Director Tim Jonasson stated there will be a fence installed between the fence and sidewalk at SilverRock. Commissioner Daniels asked why there were sidewalks in one location and trails at other locations. Staff stated that where a multi -purpose trail is required, it was a decision of the applicant whether or not to include the sidewalk. Commissioner Daniels asked whose responsibility it was to maintain the trail. Staff stated there was a condition that the HOA would be required to maintain it in perpetuity. Public Works Director Jonasson stated that on the PGA West site the City maintains the trail and the HOA maintains the remaining landscaping. 3. Commissioner Ladner explained it was her experience that an HOA is not able to obtain the insurance for maintenance of a trail; it should be the responsibility of the City. 4. Chairman Kirk asked if this meets the water efficiency standards. Staff stated it will be evaluated at the time it is submitted for plan check. Staff has requested some of the plant materials be changed. 5. Commissioner Ladner stated there appears to be an area at the gatehouse entry that is not large enough for a fire truck to enter. n G:\WPDOCS\PC Minutes\2006\1-24-06PC.doc Planning Commission Minutes January 24, 2006 Staff stated the design is condition to be approved by the Fire Marshal. 6. There being no further questions of staff Chairman Kirk asked if the applicant would like to address the Commission. Ms. Marty Butler, representing Transwest Housing, gave a presentation on the project. In regard to entry, they have met with the Fire Department and they have no objection. As to meeting the water efficiency requirements, Chuck Shephardson, landscape architect, stated they have met with CVWD and the water calculations have been evaluated on a preliminary level and they are under the water requirements. Along the perimeter on Madison Street there is only a multi -purpose trail. A sidewalk is planned along Avenue 54 with a multi -use trail. In regard to the split -rail fence, they would like to go with a more rustic look and add stone columns instead of the white -rail that is along Madison Street. 7. Commissioner Quill asked the difference between turf and pasture. Mr. Shephardson stated they do not want a manicured look. Ms. Marty Butler stated that in regard to maintaining the trail, it was her understanding they maintain everything except the horse trail. They will maintain the private trail along Avenue 54 but, it would be the City's responsibility to maintain the trail along Madison Street. 8. Commissioner Quill asked how the Fire Department would get in and out of the site. Ms. Butler stated they can enter off of Avenue 54 and would exit from either of the other two exits. 9. Mr. Jerry Herman, Transwest Housing, requested a change in, and minor relief for the chimney height and that they be allowed to use the mudded "S" roof tile instead of the two-piece tile. 10. Chairman Kirk asked if there was any other public comment. Ms. Gayle Cady, 82-831 Avenue 54, stated she was glad to see the City continuing the trails and approving this project. 1 1. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 12. Commissioner Quill asked if staff had any objections to the minor relief. Community Development Director stated he had no G:\WPDOCS\PC Minutes\2006\1-24-06PC.doc Planning Commission Minutes January 24, 2006 objection to the requests made by the applicant. In regard to the fence type, staff would agree as long as where it adjoins a property they make the transition between the two fences. In regard to the maintenance of the trails, the conditions need to reflect who will maintain the trail. 13. Commissioner Alderson asked if staff was in agreement in regard to who maintains the trails. Staff reported the trails on Avenue 54 would be maintained by the applicant and the Madison Street trail will be maintained by the City. 14. It was moved and seconded by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2006-006 approving Site Development Permit 2005-848, as recommended and amended. a. Condition #30 shall be amended to add: Applicant may modify the fencing detail for aesthetic purposes, subject to approval by Public Works and Community Development Departments. Any modified design of the fencing shall incorporate appropriate transitions at project boundaries with existing and ultimate fencing improvements. b. Condition #31 shall be amended to add: The HOA shall be responsible for the perpetual maintenance of the off -site multi -purpose trail along Avenue 54. The City shall be responsible for the perpetual maintenance of the off -site multi -purpose trail along Madison Street. Said maintenance shall be established in the CC&R's and transmitted to the Public Works Department for approval prior to Final Map approval. C. Condition #36 shall be amended to add: The areas designated "Pasture" on the approved preliminary plans shall be allowed to remain as designed, provided that turf area is reduced in other common areas where turf is designated. d. Condition #37 shall be amended to add: "The turfed area at the Avenue 54 entry and the Avenue 64 / ,Madisen Strop+ cerneFshall be minimized...". e. Condition #52 added: Use of concrete S the roofing for the gatehouse structure shall be mudded. f. Clarification shall be made as to who shall maintain the multi -purpose trails. G:\WPDOCS\PC Minute s\2006\1-24-06PC.doc Planning Commission Minutes January 24, 2006 ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. D. Site Development Permit 2005-849; a request of Colin McDermott for review of architectural plans for a 3,400 square foot one-story office building in the La Quinta Professional Plaza located on the south side of Avenue 47, east of Washington Street. 1. Chairman Kirk asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. There being none, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Colin McDermott, applicant, stated he was available to answer questions and he had no objections to the conditions as recommended. 3. Chairman Kirk asked if anyone else wanted to speak on this project. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 4. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2006-007, approving Site Development Permit 2005-849, as recommended and modified: ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: None VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: B. Review of City Council meeting of January 17, 2006 was given. A. Community Development Director Doug Evans informed the Commission that the Local Agency Formation Commission will be meeting at City Hall G:\WPDOCS\PC Minutes\2006\1-24-06PC.doc Planning Commission Minutes January 24, 2006 to discuss the Sphere of Influence revisions that will affect the Cities of Indio, Coachella, and La Quinta. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Alderson/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on February 14, 2006. This meeting of the Planning Commission was adjourned at 8:24 p.m. on January 24, 2006. Respectfully submitted, r Betty J. SO VVyer, Executive Secretary City of Quinta, California G:\WPDOCS\PC Minutes\2006\1-24-06PC.doc 1 League of California Cities Highlights of the League Board Meeting February 10-11, 2006 Los Angeles Board Considers Telecommunications Reform. The board considered a policy framework for telecommunications reform proposed by the League telecommunications subcommittee. It also heard presentations from three representatives of the cable and telecommunications industries engaged in providing video services. This is a major issue at both federal and state levels of government, and represents a significant challenge to local control and local revenue. The board provided guidance on the positions the League should adopt and directed staff to revise portions of the proposed recommendation. The board will meet again soon to adopt a policy framework for the League position which will be published on the League website. Issues addressed in the policy framework include: • protection of existing revenue base, • local control of the public rights -of -way, • access to services by all residents, • support for government access and public education, and • customer service protection. 2006—Year for Infrastructure Investment. The League's top goal for 2006 is to expand infrastructure investment. The League"s infrastructure task force, chaired by First Vice - President Maria Alegria, outlined a series of principles to guide the League's advocacy in support of infrastructure investment which the board approved with some modifications. The policies address a wide ranch of infrastructure needs including transportation, housing, water and wastewater, flood control, libraries, school construction, and public safety and can be found at The board also voted to support the library bond proposed for the June ballot. Reaffirmation of Support for Prop. 42 Reform. The League is part of a coalition composed of labor, management, construction cont actors and local governments supporting the "Campaign to Fix Proposition 42." The League's support for the measure, currently being circulated for signatures, will included assisting with signature gathering and supporting earned media activities. The board authorized use of funds available in the Save Our Services (SOS) account to support staff' costs for the campaign. City officials are encouraged to fully support the campaign in compliance with terms of the Political Reform Act. Board Names 2006 Nominating Committee. The board appointed a nominating committee to nominate League officers and at -large directors. In accordance with the bylaws, the committee consists of eleven members, including representation of eight designated regional divisions, one League department and two at -large directors. Robert Jehn, Council Member of Cloverdale, will serve as chair, and the committee will report its recommendations at the annual conference in September. Any city official who wishes to communicate with the nominating committee or to be considered for the position of second vice-president or at -large director may contact the committee through Mimi Sharpe at msharpe@cacities.org or 916-568-8232. Federal Priorities. The board approved priorities the League will address with the assistance of its Washington lobbyist this year, including telecommunications, homeland security and disaster preparedness, community development funding, tax reform, and funding for key city programs. Congressional Leader of the Year Awards. The board voted to recognize two members of the California Congressional delegation for their outstanding contributions to the cities of California: Congressman Gary Miller (R-CA-42) for is efforts to preserve the CDBG program and Senator Dianne Feinstein (D-CA) for support of city positions on CDBG, homeland security and eminent domain. Our mission is to restore and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. `, Department Report: i" A G� OFT ti TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager t DATE: February 21, 2006 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the February 7, 2006, City Council meeting: 1. Lori Fahnestock, 80065 Vista Grande, reported that cars are now parking in front of the La Quinta Springs apartments and in the cul-de-sacs. • Mayor Adolph reported that he and Mayor Pro Tem Sniff met with Indio's Mayor and Mayor Pro Tem, and has made them aware of issues related to Vista Grande. City Manager Genovese added that a letter was sent to the City of Indio demanding that they remove the unauthorized improvements in our right--of-way. Assistant City Attorney Houston added that he has been in contact with Indio's city attorney, who is going to recommend removal of the improvements, and that Indio applies for an encroachment permit. DEPARTMENT REPORT: S - A r CITY COUNCIUS UPCOMING EVENTS OF' 1 FEBRUARY 21 MARCH 7 MARCH 16-19 MARCH 21 APRIL 4 APRIL 18 MAY 2 MAY 16 CITY COUNCIL MEETING CITY COUNCIL MEETING LA QU I NTA ARTS FESTIVAL CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING February 2006 La Quinta City Council Monthly Calendar 2 !3 4 10:00 AM ALRC � I 5 !6 7 8 19 10 5:00 PM CVAG Spec. 2.00 PM City Council 9:00 AM RCTC- 9:30 AM Animal Campus - Exec. Crnte-Adolph Meeting Henderson Henderson 5:30 PM Investment 11:00 AM CVAG CVCC- Advisory Board Sniff 12:00 PM Energyl Environ.-Sniff �13 - 12 14 15 �6 7 18 10:00 AM Pub. Sfty 3:00 PM Joint Water 3:00 PM Historic Preser- 9:00 AM CVA-Henderson 9:00 AM City Council 12:00 PM Transp Policy Cmte-Adolph vation Commission Workshop 6:00 PM League- 7:00 PM Mosquito Henderson Abatement 7:00 PM Community 17:00 PM Planning Services Commission Commission 19 20 2 22 23 2:00 PM City Council 12:00 PM Sunline Adolph 9:00 AM LAFCO- Meeting 4:00 PM DRRA Airp- Henderson Osborne President's Day (CITY HALL CLOSED) 26 27 i28 10:30 AM RCTC Budget - 7:00 PM Planninc Henderson Commission 6:00 PM Exec Conte. - Adolph Riverside County Nat... Riverside County National Date Festival Riverside County National Date Festival J 24 ! 25 January r '' March S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 31 Printed by Calendar Creator Plus on 2/16/2006 March 2006 La Quinta City Council Monthly Calendar February S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 April S M T W T F S 2 3 4 5 6 7 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 j 23 24 25 26 27 28 29 30 1 10:00 AM ALRC 2 3 12:00 PM Mayors Lunch 5 6 7 8 9 10 2:00 PM City Council 9:00 AM RCTC- 9:30 AM Animal Campus - Meeting Henderson Henderson 5:30 PM Investment 11:00 AM CVAG CVCC- Advisory Board Sniff 12:00 PM Energyl Environ.-Sniff 4 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson i i 12 13 14 15 16 7 �8 10:00 AM Pub. Sfty 7:00 PM Mosquito 3:00 PM Historic Preser- 9:00 AM CVA-Henderson 12:00 PM Transp Abatement vation Commission 3:00 PM Mtns. Con -Sniff 7:00 PM Planning 6:00 PM League of CA. Commission Cities Dinner at La St. Patrick's Day Quinta Library 7:00 PM Community Services Commission La Quinta Arts Festival - 19 20 21 - 22 - - -- 123 24 25 12:00 PM City Council 12:00 PM Human/Comm- 9:00 AM LAFCO- Meeting Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM ORRA Airp Osborne 1st Day of Spring La Quinta Arts Festival 26 27 28 29 10:30 AM RCTC Budget 7:00 PM Planning Henderson Commission 6:00 PM Exec Cmte.- Adolph 30 31 Printed by Calendar Creator Plus on 2/16/2006 April 2006 La Quinta City Council Monthly Calendar Daylight Savings Time 9 10 10:00 AM Pub. Sfty 12:00 PM Transp li 6:00 PM League - Henderson 7:00 PM Community Services Commission 12 113 14 15 17:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus - Abatement Henderson Henderson 7:00 PM Planning 5:30 PM Investment 11:00 AM CVAG CVCC Commission Advisory Board Sniff 12:00 PM Energyl Environ.-Sniff 16 1 7 18 19 20 21 22 §� Easter 2:00 PM City Council 3:00 PM Historic Preser- 9:00 AM CVA-Henderson j Meeting vation Commission 23 24 25 10:30 AM RCTC Budget 7:00 PM Planning Henderson Commission 6:00 PM Exec Conte. - Adolph 30 1 26 27 12:00 PM HumanlComm- 9:00 AM LAFCO- Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne March S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 May S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 29 Printed by Calendar Creator Plus on 2/16/2006 k DEPARTMENT REPORT: L0j—IIS zC4V -= — > Al OF T��'O TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety DATE: February 21, 2006 RE: Monthly Department Report - January 2006 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of January. Also included is the Monthly Executive Status Report for the Vista Dunes Courtyard Homes. The reports depict the following highlights: • Year to date building permit valuation is $37,258,834 which represents an issuance of 468 building permits through January; • 236 animal control cases have been handled through January; • 228 code compliance cases have been initiated through January; • $840.00 - garage sale permit income in January "d k.rl O N r1 [� (a*N O l—cl IND M O 01 O [- [� V)C13 [� M 00 m 01 M N df' 0p C M N ��,, [� '-. � M O1 [� 00 O •-• 00 � �' In E"y cf a a r= 00 C p `O O M M 7t It N 00 07 O1 �10 N N -4 O� 00 kn N t� d- �--� INO '!t 'Tt [� N d' [� M � 00 M Q1 00 [ [-- 00 �t CF4 N N M M M M M M "O '� M •-� M N 00 M M O N Q1 In �, O M y^GJrr 00 ►� r on a 00i.r rrl\61ml M O N N O1 01 O N t� O O 00 N "O [� N 00 00 �,O O1 O kn M 00 O1 00 O1 N d' 00 `O M kn to p 'C O [— r- O N 00 O1 O1 I'O 00 O O1 [� M 01 O 1n M �O O� kr) O CA kr) M � 1- A ;Z •-� ~ 01 M N 00 t� •-� •-� N � 00 t/� 00 'ct' •--� ~ .N� N 00 L�C� �� IJL;�] a, oil o —,) Cl (-D 0 CO O O r') O O O O H O-T C- (li Lf) 0 0 (') i 0 0 CU 0 0 H O rr) O O CO 0 0 (-D H -1 M CO O Lf) C) Ol N -V O rn N Ln nl O J' In Crl N Lf) C_... --r J� lil -V UJ Ln 'i H cD -t' C` �,D O O (') H Ln (11 O) (V l-D rn LC) CV H lD CO 44 rn 1 rn H I ) Cb O In I i N N ;N 0 H o 0 0 0 0 0 CT) O o �D C) 0 0 (,) r') M 0 0 0 l�') QD r o o a) cq -{ m o o Ln r) Co 0 0 0 H -i o 1 OD Ln O o rn N o o Co G Ci7 r-I H O Q D N D N[ F- CO 10 (r) (n lD Vr a r r { A g Cl CV o L- 1) -A [14 -A CO (V -V m C) H ("I U C ] (14 N N I O p-I H r1; I (r; W O U) (V CC O `I' -{ O () O lD O lD CD CO H O -T f-{ N H -V N W L-{ (V r) -I H O N lC ,-i r) rr LC) r-i I I I I I U) Ln CC O r1 -1 O Ol O lD O 'dD r` N C'- ft' rn t-] (+) r-- H n CL H r r) I Fy I � I L-oo�-DornLf) OCb00Ho�Drn'ArCo00 v) r- HoHo0000q)Ln<ra Lnoco -iMo0o rn 's) (J) . o W Ln r 0) v' Ln Ln � n rn CD -T o o N [` r) O o p, W cV [n rn -11 o -,I' n rn V H H OD (` Ln -11 o rn o o { C- N Ln N O H -{ -V rn V' Ql CV rn O N Ln Ln N \C Ln (D Lr) o 0 o N N�D o -T Ln Ln -r (-Y) o Ln o o -T Hxa r-� I CaJ rno) -ALn If) oq)�o[--oI'DcornNornoo rn CC CT VD rr) co M lD Ln H CO rn r- Cb O L[) W CO O Ln CO H lD 03 CO lD N N (D If) O C) CO () C) -{ O CC V O H CO kD �-D Co o n { N CV N Ln co V) m o rn -r 1n a o Z W -r N 6) N H -r Co N H N N ;>+ H [c, 'Z Qi N cn (n O O H U) al I Ca I H Wit; (J) ri U) x E-+ q Z M N CO -{ o 0 o H -r � -i � Ln co 1n o) o Ln d �-U Ln H H U) O W H{ i H N H N H H I N N Ln rn E a a U) w w Ei o N o H a+ -s lD H r- a' Ln [- rn -r Ln t a+ Ln H o0 Ul H F� a "" H W w a a l w0o� W (� Cl W O Ga [L4 I I U) I I I r�I I I E1 O E� I I I I I I I H x x Ua C u u c7 I I U) 7 H W W x co U Z �C W W O(D� H W x E- w U W Ca H C7 C7 W Ei �� cn C-40 MHz zz xUH W O\ W va W H H E W FC cx O l O W Q U] cr) O a{ Dx (� U C7 (z (x U fl� Q, W Z ,� ,� W W U) cf) Z U 1 L-1 W W H O Ei H Z U m U U O O 0 tx C7 C7 tx tz O W E-I �W: H H U U H (1� O cl' z H W W O H H E-+ 0x J E-+ \ O u H O O i q O a W U H O CL O O U '�.' H H O O W(2� W W Z�D U 04 E Q x W U Fi F- X�i: O I W W C7 (x W:E r��wwwwWr 99"W W 0 W E- D4W U �C�uZc�Caw a 124a(14Wn404n aLncncnE I H I as U0 z wuE� m aw p(::) r+ a (r I-1U0 WCnw�w�^^<U aUW04(x9f1+HOaE-i � Q G. U U Q W (11 r11 QI (x p� Q4 of U) W U) U) W E1 O M W Q F- cn J O cr H Z O 0 J Q Z a ar MOWN, INC. Glendora Beverly Hills Sara CIernente La t uinta Las Vegas y< Monthly Executive Status Report City of La Quinta Vista Dunes Courtyard Homes Presented To The City of La Quinta: February 9, 2006 For the Month of January, 2006 • Meeting with neighboring Church resulting in granting approval to use east end of parking lot for construction lay down area. • Sewer and Water plans submitted to CVWD. • Electrical engineer submitted demo plan and completed application. • Street utilities located by appropriate agencies. • Asbestos survey completed —planned abatement being scheduled • PWCI commenced creating master project schedule (from now through construction completion). • PWCI commenced site and building cost estimating. • No negative community related problems/issues reported. Master Project Schedule/Key Milestones _ • Master schedule to be completed and submitted under separate cover. Schedule Performance Project to Date • Not applicable —will begin tracking next month Budget Performance Project to Date • Original Estimate: $12,500,000 • Plus Contingency (1 Oho) 1,250,000 • Total Budget: original bid, contingency, plus approved C/Os 13,750,000 • Change Orders (0): 0 • Current cost commitments (original bid + change orders): 0 • Contingency usage to date: 0 • Contingency budget remaining: 1,250,000 • Current commitments as % of Total Budget ($13,750,000) 0% Safety Performance Project To Date • No Lost Time or Claims due to injuries or safety violations. • No on -site accidents to date. Upcoming Month Priorities/Key Activities (February 2006) • Asbestos abatement initiated and completed • Monitor progress on approvals from CVWD • Site Electric to be terminated by IID • Resume site demolition • Finalize all civil plans including utilities and street plans • Tree and foliage removal • Continue cost value engineering and cost estimating on buildings t 6 Department Report: [ vc nar AATTn .�'G, OF TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Community Development Director DATE: February 21, 2006 SUBJECT: Department Report for the Month of January 2006 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of January. 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V L C C C U- C co C C 0 co co C O Q O C O C> o L- C 0 C p O 0 L c� > U _0 0 U L I— vi co cc L co L 0 p m L }' � 0 cI) Q _ _ N N +-1 � a) Q O N a) C C N M co D N U N Q N� O cn -a Q C +-+ U L Cn LU C O A .- E 0 C o C C 0 0-' a) C U C- 0� 0 N O 0 C L U 0 C E 0 +� � 0 o U a) 0 U U U U 42 U cC Q U-0 OC O U cc co U U u cn o 0 O U lie U C N U C co 0 m 00 d' 00 Ln 00 U O oC 0 C ' N L C C 00 p ON � 0 ON Np > V > E C M Cj j � C� > L 0 Q QppM Q 0 �+— L 0) C (n > NF— p l— �p cn (n 0 00 U 0 C � O �• o � 00 CL N CN 0) U O fn Lo L cz O 2 00 L CO O O co C0 Q C —3 O t\ 2 00 _0 00 O Ln +� Ln a� cB O � Lo , U r cn C7 O �-' cn , co CO cfl U — 2 C O co 2p Un O O U Ln UO O N 0 0 I M a) �0 0 O I E 2O w0 p 00cfl� O +�M L UOLu N C �-j O C a. •� O N D N O� v0i D a_ Q � LL 0" co Q 0 o Q _0 Q -p Q M O a) a_ L 0 co 0 (n Q V C7 0 LLJ F- (n U W Q 0 LU LU M N I— I— Cn LU c 0 2 z 0 Q Cfl O N o_ 0 N O C/) C O > C cc c0 U O Q Q 0 co Q _ co' � CL O (D O � N }, +, a- oC C 0 ca U O O in U — Q Q O 2 � O � - 00 U U +,cc E L 'O O L O C V co cn O O a- C co O -� U O U O +-+ O O 0 U C C N N +-+ C �• C OU U O CO O O O O O N Q O +- O O Q N O O O N C LL X - O O N Lo �_ � O N 3 E C) CO O ca +- cc -C 4- p O :L' O > O +-j (n 0) cn C co co C c6 co > C cn N O 0 z O U C LO �' N C cn co C co Q C 0 Q aO-' a)C O> O > .O i— coU� C O C N co +' co co U m L u�i co O- u> O cn �_ L O L N O � L C c M c c c (n w Q' a� 0 0 `� 0 O U O O p pC co OC cfl U O D U U J J L L � � L CO O W N U r _ O 1 O M > LO ) aQ m O� O � CM O p O 0 O 0 O O r- O U LO C C'� �0(D0 0 CN N N L cc Q co co o cr 0 0c d i C007 DEPARTMENT REPORT: TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. GENOVESE, INTERIM COMMUNITY SERVICES DIRECTOR� DATE: FEBRUARY 21, 2006 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF JANUARY 2006 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF MARCH 2006: Mar 1 *Morning Workout (Exercise Class) Mar 1 * E-Mail Level 2 (Outlook Express) Mar 1 *Photo Editing 3 Mar 1 Using Microsoft Excel, Senior Center Mar 1 Pony Club, Rancho Polo Mar 1 Let's Do Business, Senior Center Mar 2 *Beginning Tap Dance Mar 2 Beginning Belly Dance, La Quinta High School Mar 3 *Beginning Rug Hooking Mar 3 *Mat Pilates Mar 5 2-on-2 Grass Volleyball Tournament, La Quinta Park Mar 6 *Hooked on Loops — Traditional Rug Hooking Mar 6 *Digital Photography Mar 6 *Introduction to the Internet Mar 6 *Microsoft Word Mar 7 *Intermediate Tap Dance Mar 8 *Introduction to the Computer Mar 8 *Scanning Mar 10 Middle School Teen Dance, La Quinta Boys & Girls Club Mar 16 Dance, Play & Pretend, La Quinta High School Mar 16 Beginning Ballet, La Quinta High School Mar 20 Ballroom Dance, Senior Center Mar 21 Advanced Adobe Photoshop, Senior Center Mar 21 *Advancing Beginners Bridge Lessons Mar 21 *Tai Chi Arthritis Mar 21 *Learn to Knit Mar 21 *Beginning Mah Jongg Mar 21 Tai Chi, Senior Center Mar 22 Mini Mixed Media, Senior Center ` Mar 22 *Beginning Conversational Spanish Mar 22 *Advanced Bridge Lessons Mar 22 *Advanced Conversational Spanish Mar 22 *Intermediate Bridge Lessons Mar 22 *Introduction to Word Processing Mar 22 *Photo Editing 2 Mar 23 Introductory Adobe Photoshop, Senior Center Mar 23 *Mature Driver Training Mar 23 *Ballroom Dance Mar 24 *Beginning Bridge Lessons Mar 24 *Multi -Generational Talent Show Mar 25 Tiny Toy Olympics, Fritz Burns Park Mar 27 Intermediate Computers, Senior Center Mar 27 *The Self -Publishing Experience Mar 27 *PrintShop Publishing 1 Mar 28 *Basic Dog Training Mar 29 *Word Processing — Level 2 Mar 29 *Photo Editing 4 Mar 29 *PrintShop Publishing 2 Mar 30 *Senior Sports Day *Daytime Senior Center class or activity Monthly Revenue Report for January 2006 Mnnthiv Revenue - Facility Rentals 2005 2004 Variance Senior Center $ 2,368.00 $ 3,455.00 $ (1,087.00) Libra $ 350.00 $ - $ 350.00 Parks $ 630.00 $ 350.00 $ 280.00 Sports Field $ 1,219.00 $ - $ 1,219.00 Monthly Facility Revenue $ 4,567.00 $ 3,805.00 $ 762.00 Year to Date Facility Revenue $ 26,357.00 $ 22,489.00 $ 3,868.00 Mnnthiv RAVP_nllP_ Senior Center $ 24,755.00 $ 21,317.00 $ 3,438.00 Community Services $ 7,567.00 $ 12,929.00 $ (5,362.00) La Quinta Resident Cards $ 7,485.00 $ 8,205.00 $ 720.00 Total Revenue $ 39,807.00 1 $ 42,451.00 1 $ 2,644.00 Revenue Year to Date Senior Center $ 65,756.50 $ 65,151.00 $ 605.50 Community Services $ 67,579.00 $ 64,851.00 $ 2,728.00 La Quinta Resident Cards $ 21,105.00 $ 10,425.00 $ 10,680.00 Total Revenue to Date $ 154,440.50 1 $ 140,427.00 $ 14,013.50 Community Services Department Attendance Report for the Month of January 2006 Summary Sheet Program 2006 2005 Variance Sessions Per Month 2006 2005 Leisure Classes 108 189 -81 41 49 Special Events 0 35 -35 0 1 Adult Sports 480 466 14 20 20 Senior Center 1507 1589 -91 94 128 Total 2,095 2,279 -193 155 198 Senior Services Senior Center 2281 252 -24 15 11 Total 228 252 -24 15 11 Sports User Groups La Quinta Park Use AYSO 700 950 -250 19 21 Sports Complex LQ Sports & Youth 72 0 72 8 0 So California Magic 15 0 15 3 0 F.C. La Quinta 15 0 15 7 0 City of Palm Springs 500 0 500 2 0 Facility/ Park Rentals Senior Center Church 500 690 -190 6 10 Park Rentals La Quinta Park 200 240 -40 5 6 Civic Center 200 0 200 1 0 Library Multi Purpose Room 100 0 100 2 0 Total 2,302 1,880 422 53 37 Total Programs 4,625 4,4111 205 223 246 Volunteer Hours Senior Center 275 136 139 Total Volunteer Hours 275 136 139 Community Services Program Report for January 2006 gnna 2nn5 2006 2005 Participants Participants Variance Meetings Meetings Leisure Classes Watercolor for Teens 4 0 4 2 0 Mosaic Tiling 2 0 2 3 0 Tai Chi Chuan 2 10 -8 3 2 Yoga Feldenkrais 9 12 -3 3 4 Feldenkrais Awareness Yoga 7 12 -5 2 4 Beginning Bellydance 16 6 10 2 2 Advanced Bell dance 7 10 -3 3 2 Ballroon Dance 10 11 -1 2 2 Lince Dance 12 0 12 1 0 Beginning Ballet 3 10 -7 2 2 Dance, Play, & Pretend 8 10 -2 2 2 Beginning Guitar 4 18 -14 3 2 Beginning Drumming 1 0 1 2 0 Italian for Travelers 8 7 1 3 2 Adobe Photoshop Advanced 4 2 2 3 2 Adobe Photoshop Introductory 4 0 4 2 0 Beginning Computers 6 9 -3 2 1 Microsoft Word 1 0 1 1 0 Totals 1081 117 -9 41 1 27 gnnF inns 2006 2005 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 300 246 54 17 16 Adult Soccer League 1 1801 220 -40 3 3 Totals 1 4801 4661 141 201 19 Recreation Totals 588 583 5 61 46 Senior Center Attendance Participation Participation Variance Meetings Meetings 2006 2005 2006 2005 Senior Activities ACBL Bride 310 252 58 4 3 Bridge, Duplicate/Social/Party 407 618 -211 11 20 Monthly Birthday Party 20 36 -16 1 1 Monthly Luncheon 80 51 29 1 1 Putting Contest 2 0 2 1 0 Kraft/Nabisco Putting Contest 78 0 78 1 0 Movie Time 50 36 14 4 4 Senior Activity Total 947 993 -46 23 29 Senior Leisure Classes Ballroom/Swing 24 33 -9 4 7 Bridge Lessons 107 121 -14 10 18 Computer Classes 26 16 10 6 7 Exercise 53 61 -5 12 13 Golden Tones 106 128 -22 5 4 Knitting Guild 12 0 12 1 0 Quilting 43 44 -1 4 4 Rug Hooking 9 12 -3 4 4 Sketch/Draw 29 26 3 3 4 Spanish 25 35 -10 3 3 Tai Chi / Tai Chi Arthritis 24 27 -3 6 9 Tap Dance 29 18 -1 5 6 Watercolor 43 46 -3 4 8 Woodcarvers 25 15 10 3 2 Yoga 5 14 -9 1 4 Senior Leisure Classes Total 560 596 -45 71 99 TOTAL SENIOR PROGRAMS 1507 1589 -91 94 128 Senior Services FIND Food Distribution 138 185 -47 3 4 Health Screenings by Eisenhower MC 9 0 9 1 0 Hearing Consultation 4 3 1 1 1 I.I.D. Energy Assistance/No fee 33 24 9 4 4 Legal Consultation 2 3 -1 1 1 Medical Insurance/HICAP 8 3 5 2 1 Seminars for January_14 0 14 3 0 Volunteers 20 34 -14 n/a n/a TOTAL SENIOR SERVICES 228 252 -24 15 11 SENIOR CENTER TOTAL 1735 1841 -1151 1091 139 DEPARTMENT REPORT: O� p • OF TKO TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: February 21, 2006 RE: Public Works/Engineering Department Report for January 2006 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. timothy R. 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() cB L N O N M cr- cn 2i Q O U- (n co 0 a> cu U 0 0 0 a) 0 0 cu c a_ U C c 0 0 0 3E CP NQNn}•OO.fOcN— 0 0 Z) o 0 C UnnOO cncoO��- 4� O � N B � n -0 :3 LL U�O U O UU UU QC6U > i OU _0 Q co a) OEO .0L 0U U ��+UUOOcU �G�`•L+*OOOUC�OLOO ��rOr�O_DOm(��•V—C_t.—LO co cn �a)Ccn'0W-0Cl) 0+a0 a)� Qo �OLL (n c0caO7-v 06 QD -00LU ��ca co O O 1L UQ+�E OOO U O(n_0LOxtcu u E 2 0 �nC 0 '—•-N _0Cl)cB cnc> >O(n Cl) UOco LO LO ILO NCC 2 "- O O O O "— O O 0 O O W O O O O W cud) LO 00 LO It to odN ( 0 VO� E � O p E E+ �- r� cu cc 0 cn a� ti U O Y O N Y co Y cn 0 C Y U c 0 Y C 0 E C} q •a4 9 a U_ 7 O U O C N O O � O Q O � O U c � .n � � U O i cn � N • O � U ' +• � N co O � � N Q UC cu � 0 MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: January, 2006 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 3 Men 2 Men 1 Man Total 1000 Policin /Inspection 41 23 0 23 87 1001 Pot Hole-Repair/Patching 52 20 0 1 73 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 20 0 0 2 22 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 22 10 0 0 32 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 10 4 4 0 18 1009 Street Sign Install (New) 5 9 0 0 14 1010 Street Sign Repair/Maint 43 16 0 1 60 1011 Debris Removal 14 22 0 14 50 1012 1021 Right of Way Maint. CLEAN Catch Basin Inlet/Outlet 18 0 17 6 4 0 0 0 39 6 1022 Rondo Channel Outlet/Vault 2 0 0 0 2 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 64 0 5 69 1024 Gutter/Median Sand Removal 0 6 0 0 6 1025 Street Sweeping (Machine) 102 38 0 0 140 1026 Street Sweeping ( Hand) 2 2 0 0 4 1027 Sidewalk/Bike Path Cleaning 0 2 2 0 4 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-i 0 12 15 0 27 1041 1 Mowing/ Weeding, Shrubs & Tree Trimmin 36 36 0 0 i2 1051 Landscape/Irrigation Contract Manage me 0 0 214 18 232 1052 1061 Lighting/Electrical Contract Management Small Tools Repair/Maint. 0 0 0 0 0 0 17 0 17 0 1062 1063 Equipment Repair/Maint. Vehicle Repair Maint. 4 5 2 5 0 0 0 1 6 11 1081 Trash/Litter/Rec cable Removal 0 4 0 0 4 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 69 47 24 0 140 1084 Maint. Yard Building Maint. 11 11 0 1 23 1085 Seminars/Training 0 0 0 0' 0 1086 1087 Special Events Citizen Complaints/Requests 0 188 0 32 0 3 0' 0 0 223 1088 Meeting 6 12 7 23 48 1089 Office (Phone, paperwork, reports, Misc.) 14 22 15 35 86 SUBTOTAL 664 422 2881 141 1515 1091 Over Time 17 14 7 0 38 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 40 8 0 0 48 1096 Vacation 16 2 0 3 21 1097 Holiday 80 48 32 16 176 1098 Workman Comp. 0 0 0 0 0 1099 Bereavement 0 0 0 0 0 SUBTOTAL 153 72 39 19 283 TOTAL HOURS 817 494 327 160 1798 TOTAL MILES 2740 1529 1273 267 5809 r DEPARTMENT REPORT: -9 L � fiT � PIP,LI�E Police Department Monthly Report January -- 2006 Prepared for Department Report: { City of La Quinta La Quinta Police Department Captain Walter Meyer, Commander January, 2006 Highlights (Number in parenthesis denotes number of calls for service that day) Sunday, 01-01-06 (79): 1943 hours- Deputy Knight responded to a disturbance at the Wal-Mart shopping center. Suspect, Brian Alderete, was being detained by Wal-Mart security personnel for assaulting a Wal-Mart employee. Alderete was searched and a steak knife and marijuana packaged for sales was found on his person. He was arrested for being in possession of an illegal weapon and for being in possession of marijuana packaged for sales. He was booked at the Indio jail. 2051 hours- Deputy Bolton responded to a call of two lost hikers. The reporting party informed Deputy Bolton that his wife, Pamela Nelson, and his son, Ross, hiked to the Sugar Loaf area off of S.R. 74. They initiated their hike at the Boohoff trail, in the La Quinta cove area, at about 0700 hours this morning and were overdue. The Search and Rescue Team was called out and a command post was established in the Sugar Loaf area. A Deputy was posted at the bottom of the cove where the hikers left their car. Air units were unable to initiate a flyover due to inclement weather. 2000 hours- Deputy Ervin responded to the 78000 block of Miles Avenue regarding a residential burglary. During his investigation, Deputy Ervin determined that the reporting party was the actual burglar along with an accomplice. He arrested Augustine Gonzalez and Rafael Gallaz for conspiracy to commit burglary and for receiving stolen property. Gonzalez was found exiting the residence as the victim arrived at the scene. He was found in possession of property belonging to the victim. Additional stolen property was located at Gonzalez's residence. The victim made a positive identification of the suspect. Both suspects were booked into the Indio Jail. Monday, 01-02-06 (62): No Significant Activity Tuesdav, 01-03-06 (61): 0938 hours - Corporal Black and Deputy Post responded to a residential burglary at the 50000 block of Via Armante. The resident, Ron Dayhoff, advised deputies that he is a retired lieutenant from LASO and one of the items stolen was his flat badge. Dayhoff said he notified his department of the theft. Wednesdav, 01-04-06 (57): Deputy Lewis responded to the 49000 block of Balada Court regarding an assault. Deputy Lewis learned that Cody Briscoe, had assaulted his father by hitting him over the head and torso with a jar. The victim refused further medical treatment after being treated by paramedics. Briscoe was arrested for assault with a deadly weapon. He was booked into the Indio Jail. Thursday, 01-05-06 (75): 1542 hours- Deputies responded to the Trader Joes parking lot regarding a vehicle theft. Upon arrival, deputies contacted the victim who said he had confronted a suspect whom he found inside his personal car. When the victim confronted the suspect a physical altercation ensued. A second suspect who had been waiting in a parked vehicle approached the victim and brandished a hatchet at him and demanded that he release his friend,. The victim released his friend and immediately called the police. The suspect's vehicle was -found parked in front of the Lowes hardware store. The vehicle was determined to be stolen out of Indio. The vehicle was impounded and processed for evidence. During the search of the stolen vehicle, 0 additional stolen property was located from an earlier burglary that was reported in Palm Desert. Deputies also located marijuana packaged for sales inside the stolen vehicle. Fridav, 01-06-06 (62): 1226 hours- Deputy Harter arrested two juveniles from Indio for burglary at the Target Department Store. The juveniles were observed stealing play station movies and electronic equipment. They were arrested and released to their parent's custody. An out of custody filing will be completed and submitted to the District Attorney's Office. Saturday, 01-07-06 (65): 1133 hours - Deputy Gaunt was investigating a traffic collision on Adams Street and Fred Waring, when the husband of the driver involved showed up at the scene. The husband, Gustavo Hernandez began to be verbally abusive to his wife and to Dep. Gaunt. Deputy Gaunt told him he was interfering with his investigation and instructed him to cease his behavior. Hernandez refused to comply, cursed Dep. Gaunt us and postured himself in an aggressive stance. Deputy Gaunt placed Hernandez under arrested and booked into jail for obstructing a peace officer in the course of his investigation. 0003 hours - Corporal Northrup and Deputy Covington responded to the 56000 block of Madison Street regarding a report of a man and woman arguing. They contacted Robert Bentrup at the location and determined he had consumed too much alcohol to care for himself. Bentrup was arrested and booked into the Indio Jail for public intoxication. Sundav, 01-08-06 (49): 1245 hours- Deputy Krachman handled a vehicle verses pedestrian collision on Washington Street and Calle Tampico. The driver, Seth Etinger, hit Cary Seltzer with his vehicle when she started to walk across the street in the crosswalk. Etinger did not see Seltzer and struck her causing minor injuries. Seltzer was transported to JFK with complaint of pain only. Monday, 01-09-06 (45): 1507 hours- La Quinta Police Department responded to an attempted strong-arm robbery that occurred in the 79000 block of SR 1 11. The victim told deputies that two young Hispanic females in a burgundy Honda, California license 4SSW 113, attempted to snatch her purse as she walked out to the parking lot. The victim held onto her purse and was dragged a short distance. The victim sustained minor injuries to her arm and legs. 2304 hours - Corporal Northrup responded to the Wal-Mart shopping center regarding a shoplifting suspect in -custody. Based on his investigation and the evidence provided by security, he arrested Gustavo Hernandez for commercial burglary. Tuesday, 01-10-06 (59): 0004 hours - Deputy Wedertz conducted a traffic stop on Hwy I I I west of Jefferson Street. He contacted the driver, Alonzo Foster and determined that he had an active local no -bail warrant for spousal battery. Foster was arrested and booked into the Indio Jail. 2120 hours - Deputy Lingle responded to a residence on the 51000 block of Avenida Carranza regarding a domestic dispute. He met with the victim who reported she was assaulted by Patrick Ortiz. Ortiz had left the scene before deputies arrived. While Deputy Lingle was still at the residence, Ortiz contacted Dispatch and reported he would willingly meet with deputies. Deputy Lingle met with Ortiz and placed him under arrest for domestic battery. Ortiz was booked into the jail. Wednesday, 01-11-06 (58): No Significant Activity Noted Thursdav, 01-12-06 (70): 0900 hours- A victim of a burglary reported she was following a car with three suspects who had just burglarized a vehicle at a construction site. Deputies located and stopped the suspect's vehicle. The suspects were identified as Jeremy Ketchen, Joshua Nelson, and Renee Kortekaas. Ketchens was arrested for possession of methamphetamine and possession of burglary tools. Nelson also had methamphetamine and was arrested and booked for the possession charge. At the scene, Kortekaas admitted to taking the keys to the victim's vehicle and unlocking a construction trailer, which Deputy Alexander found ransacked. She was also found to be out on bail for possession of illegal drugs. Kortekaas was arrested for burglary and a bail enhancement was placed for committing a crime while out on bail. Fridav, 01-13-06 (84): 0014 hours- Deputy Reynaga responded to the Wal-Mart shopping center and arrested Andres Vallejo for shoplifting. Incident to arrest, a search of Vallejo's person was conducted and a gram of methamphetamine was found. Vallejo was booked into the Indio Jail for shoplifting and for being in possession of methamphetamine. 1130 hours- Deputy Hendry responded to the La Quinta Community Policing Office a report of a disturbance. He found Felipe Tello arguing with his ex-wife over property. Deputy Hendry found Tello to be in violation of a domestic restraining order. Tello was arrested and booked into the jail. 2054 hours- Deputy Pena responded to a two -vehicle, injury, traffic collision on Hwy I I I and La Quinta Center Dr. The drivers of both vehicles complained of pain and were transported to JFK Hospital. Both vehicles were not drivable and were towed away. Their injuries did not appear to be life threatening. Saturdav, 01-14-06 (74): 2230 hours - Deputy Ervin responded to the Arnold Palmer Restaurant, on the 78000 block of Avenue 52, regarding a report of a man there in violation of a restraining order. Russell Maw, in violation of a valid court order, allegedly confronted his ex-wife and her husband. Maw was arrested and booked into the Indio Jail. 2230 hours Deputy Covington responded to the areaof La Quinta High School regarding a suspicious person. She contacted Jorge Alberto Felix Rivera and engaged him in conversation. While they were talking, Rivera told Deputy Covington he had a pipe used to smoke methamphetamine in his pocket. Rivera was arrested for possession of drug paraphernalia and booked into the Indio Jail. Sundav, 01-15-06 (54): 0313 hours - Deputy Ervin responded to the 46000 block of Dune Palms Rd regarding a domestic disturbance. Upon arrival, he met with the victim, Claudia Velasco. Velasco reported that her husband, Ricardo Velasco Luna, had physically attacked her and threatened to kill her. The incident occurred in front of their three children. Luna was arrested and booked into the Indio Jail for spousal battery, terrorist threats and child endangerment. Mondav, 01-16-06 (60): 0210 hours - Deputies responded to the 81000 block of Muirfield Village Drive regarding a stolen vehicle parked in front of the residence. Upon arrival a man, later identified as Manuel Salinas Lopez was found asleep in the stolen vehicle's passenger seat. Lopez claimed he received the car from a relative earlier in the day. He was booked into the Indio Jail for possession of stolen property. Tuesday, 01-17-06 (72): 0240 hours - Corporal Espinoza conducted a vehicle check on a Dodge Neon on Adams Street, north of Hwy 1 11. He contacted the driver, George Preciado. Corporal Espinoza determined that Preciado was driving under the influence of alcohol. Preciado was arrested and booked into the Indio Jail. 1 105 hours- Sgt. Hignight conducted traffic stop on Washington Street and Channel Drive for traffic violations. The driver, Langston Fitzhenry was arrested for possession of fictitious currency. Deputy Reynolds and Deputy Leary conducted the interviews. Fitzhenry was booked into the Indio Jail. Wednesday, 01-18-06 (46): 0237 hours - Deputy Lugo responded to the 78000 block of Hwy I I I regarding a ringing alarm. Upon arrival, he found the glass to the front door smashed and an ATM machine missing from the lobby. Responding units, including a Sheriffs K-9, assisted Deputy Lugo with clearing the building. They did not find anyone inside. Marks found at the scene indicate the machine may have been pulled out of the building using an unknown apparatus attached to a vehicle. Thursday, 01-19-06 (55): 1715 hours- Deputy Ruiz responded to the 47000 block of Cameo Palms regarding a domestic dispute. Upon arrival, the victim, who is eight months pregnant, said her live-in boyfriend, Christopher Serrano, had slapped her and pushed her against the wall. She sustained a possible dislocated arm. Serrano was arrested for domestic abuse and booked into the Indio Jail. A family member took the victim to JFK Hospital for medical treatment. Fridav, 01-20-06 (81): 0153 hours- Deputy Ervin arrested Karl Mauser during an enforcement stop at Bermudas and Cadiz. Mauser was booked for possession of an illegal weapon, a collapsible baton. 0615 hours- Deputy Ervin responded to Rancho La Quinta Country Club regarding a suspicious male. Deputy Ervin contacted the subject, Efrain Gutierrez, who became combative with Deputy Ervin and was taken into custody. When placed in the police car, Guiterrez tried to kick out the windows to the unit and was hobbled. At the jail, two bindles containing methamphetamine were located on Gutierrez's person. He was booked into jail for trespassing, being under the influence, possession of methamphetamine, resisting arrest, and bringing illegal drugs into the jail. Saturday, 01-21-06 (62): No Significant Activity Sunday, 01-22-06 (56): 0620 hours- Deputy Gaunt arrested Dustin Martin at his residence on Avenida Ramirez. Deputy Gaunt and Deputy Krachman served Martin with a felony stolen property warrant. Martin was transported to the Indio jail. 1806 hours - Deputy Dusek responded to a residence at the 54000 block of Avenida Martinez regarding a report of a subject inside the walled yard knocking on windows and yelling that someone was chasing him. Deputy Dusek found Milford Taylor inside the yard in the process of breaking windows. Taylor was detained. Deputy Dusek recognized Taylor was exhibiting objective symptoms of being under the influence of a controlled substance. Taylor admitted "snorting" about one gram of methamphetarnmes earlier that day. Talyor was arrested and booked into the Indio Jail. 2000 hours - Deputy Covington responded to the Wal-Mart shopping center on Hwy I I I regarding a report of a young girl passed out in the toy department. Deputy Covington contacted the 9-year-old girl and her mother, Rachel Ziegler. The mother claimed they were basically homeless and that the girl was feeling bad because of stress. The girl was transported to John F. Kennedy Hospital, where the mother continued being uncooperative with medical staff. CPS was notified. CPS will begin their investigation and notify law enforcement should any issues arise. 2151 hours - Deputy Martinez responded to the area of Avenue 48 and Jefferson Street regarding to a report of a two -vehicle collision. He found that an SUV driven by Daniel Perez, had rear -ended another SUV, causing major damage to both vehicles. Perez was given field -sobriety tests and was found to be under the influence of alcohol. Perez was arrested and booked at the Indio Jail. Monday, 01-23-06 (61): 0010 hours - Deputy Martinez responded to a residence at the 79000 block of Cassia Street regarding a report of a disturbance. He contacted Levi Castleberry outside the residence. He learned that Castleberry and a female acquaintance were at the residence drinking beer and got into a disagreement over his advances. While struggling to get away, the female bit Castleberry on the upper brow. Castleberry was arrested for public intoxication. At Castleberry's request, the matter will be referred to the District Attorney for possible charges against the female. Tuesday, 01-24-06 (52): 2254 hours - Deputies White and Darascavage responded to Fred Waring Drive and Jefferson Street reference a report of a multi -car collision. They found that a van driving eastbound on Fred Waring Drive struck the rear of another vehicle, causing a chain reaction collision that involved two additional vehicles. The driver of the van, Susan Hallot, exhibited symptoms of alcohol intoxication. She refused to submit to any field sobriety tests. Hallot was arrested and booked at the Indio Jail for driving under the influence. Wednesday, 01-25-06 (45): 0700 hours- Deputies responded to Avenue 58 and Monroe Street to assist a Palm Springs Reserve Officer who had a subject detained. The initial investigation revealed that the suspect, Javier Ramirez was involved in three residential burglaries at a new country club along Avenue 58. Inside the suspects car was a 52" plasma screen T.V. Deputies controlled the crime scene while other deputies drove to the location of the burglaries. Deputy Leary located three model homes that had been broken into and two plasma TV's had been stolen. Concurrently, Sgt. Hignight located an additional burglary suspect near Monroe and Ave 58. Benjamin Pinela was detained for suspected possession of stolen property. The suspect is currently on probation and his residence was searched. Additional property was located inside a mobile home on his property. The victim identified the stolen property. Thursdav, 01-26-06 (64): 2330 hours- Deputy Ervin responded to the Wal-Mart shopping center reference a shoplifter in custody. The suspect, Randall Mattingly, was arrested for possession of methamphetamine, for being under the influence and for commercial burglary. He was booked at the Indio Jail. Friday, 01-27-06 (77): 0118 hours- Deputies responded to the Main Street bar reference a disturbance. Deputy Knight arrested, Robert Rossi for public intoxication after he caused a disturbance at the bar. He was booked at the Indio Jail. 1720 hours- Corporal Black responded to Wal-Mart shopping center reference a shoplifter in custody. Jesus Pena had been contacted outside the store regarding property he had not paid for. Pena admitted to the theft allegations after being advised of his Miranda rights. Pena was searched and 2.5 grams of Marijuana was found in his pant pocket. Pena is currently on parole for grand theft and was booked into Indio Jail for shoplifting, possession of less than one once of Marijuana, and petty theft with priors. State Parole was notified. 2350 hours- Deputy Ervin responded to the 520000 block of Avenida Martinez reference a disturbance call. Michelle Dean was determined to be intoxicated. Dean was arrested for being under the influence, threatening and endangering her child. She was booked at the Indio Jail. Saturday, 01-28-06 (56): No Significant Activity Sunday, 01-29-06 (38): 0040 hours - Deputy Covington conducted a traffic stop on Park Drive near Dry Creek. She contacted driver, Francisco Acosta Ortiz, and determined that he was under the influence. He was arrested for driving under the influence and booked at the Indio Jail. Mondav, 01-30-06 (90): 0159 hours - Deputy Covington and Deputy Lugo responded to the 50000 block of Washington Street regarding suspicious people in the parking lot possibly casing cars to burglarize. While checking the area, Deputy Lugo conducted a traffic stop on a vehicle leaving the area with a television set on the rear seat. Further investigation showed the driver, Jose Ibarra, was not one of the people seen by the parked vehicles, but a records check of Ibarra showed an active warrant for driving on a suspended license out of Riverside. Ibarra was arrested and booked at the Indio Jail. Tuesday, 01-31-06 (61): 0058 hours - Deputy Lingle responded to a residence at the 52000 block of Avenida Martinez regarding a report of a domestic disturbance. He found Michelle Andrea Goldstein -Dean, irate and obviously intoxicated. Goldstein -Dean said she was caring for her 14-year-old daughter and they got into an argument that ended in a wrestling match over a cell phone. Deputies had been out at the residence earlier that evening over another reported disturbance and had been at the residence several times before. Deputy Lingle arrested Goldstein -Dean for being habitually drunk while caring for a minor. She was booked into the Indio Jail. Total calls for service: 1930 CITY OF LA QUINTA Special Enforcement Team .January 2006 Deputy Ismael Celaya Deputy Jason McFadden Deputy Paul Harter Deputy Randy Wedertz Sergeant Matt Jimenez Summary of Activity for the Month of Januar Type of Activity # of Incidents IF Type of Acti r # of Incidents Ongoing Investigations 1 Probation Searches 0 Parole Searches 0 Arrests/Filings 4 Vehicle Checks 21 Arrest Warrants Served 2 Investigation Assists 10 Programs 2 Arrest Warrants Attempted 5 Crime Prevention Hours 18 Pedestrian Checks 13 Back-ups 10 Bar Checks 0 Search Warrants 0 Follow-ups 3 Recovered Stolen Property 20 Meetings/Civil Commitments 1 Surveillance 1 Citations Issued 3 Business Contacts 4 Bicycle Time 20 hrs. Training Hours 44 Illegal Drugs Seized .2 gms. Meth TOTAL MILEAGE 1173 mi. SIGNIFICANT ACTIVITY 1. Recovered a stolen vehicle in the area of Calle Fortuna and Desert Club Dr. The suspect, Edward Foulger was seen leaving the area. 2. Conducted surveillance on burglary and vehicle theft suspect Edward Foulger, age 27 of La Quinta. Assisted Palm Desert Target Team in a cooperative effort that resulted in the arrest of Foulger. Also arrested Grisel Cuevas of Indio for possession of methamphetamine. Cuevas was contacted at the scene of Foulger's arrest. Both suspects were booked into the Indio jail. 3. Set Team members received 44 hours of surveillance training from the DOJ. CITY OF LA QUINTA Monthly Motorcycle Report January 2006 Deputy Dave Adams Deputy Michael Gaunt Deputy Manny Alvarado Summary of Activity for the Month of January Type of Activity Number of Incidents Speed Violations 39 Fail to Yield 0 Turning Violations 5 Calls for Service & B/U's 16 Red light/Stop sign 18 Child Seat Violations 2 Lane Change Violation 0 Seat Belt Violations 17 DUI Arrests 0 Misdemeanor Arrest 2 Felony Arrest 0 Warnings 14 Tows 6 InjuryT/C 5 Non -Injury T/C 21 Suspended DL 12 Non -Moving 54 H & S 0 CITY OF LA QUINTA I„IWnthly School Resource Officer Report Deputy Kevin Moore La Quinta Middle School Su mart' of Activity for the Month of January E- Type of Activity Number of Incidents Reports 20 Arrests 0 District Attorney Filings 1 Traffic Stops 0 Business Checks 2 Y.A.T. Referral 27 Vehicle Checks 4 Citations 0 Pedestrian Checks 7 Follow-up 1 Truancy 6 SIGNIFICANT ACTIVITY 1. Investigated two reports of child abuse. One student was confirmed to have sustained minor injuries. Criminal charges were filed out of custody against a parent of one child. C.P.S. was notified of both incidents. 2. Responded to an incident where a student yelled, "She's got a gun!", on a school bus. A search of all students, property and the bus conducted but no weapon was located. A knife was found in a student's backpack and that student was referred to the Y.A.T.. Probation Officer. 3. Investigated an alleged battery upon student. A parent allegedly grabbed a male student after school to warn him to leave her daughter alone. The parent of the victim requested criminal charges against the suspect. The male student did not suffer any injuries. 4. A female student was found to be in possession of a device used to smoke marijuana. The student was referred to the Y.A.T. Probation Officer. 5. Investigated five incidents of fighting during the month of January. All of the involved parties sustained minor injuries and all suspects were referred to the Y.A.T. Probation Officer. 6. Investigated five reports of theft at La Quinta Middle School. 7. Traffic congestion has improved at the La Quinta Middle School drop off area. I now provide (daily traffic control and high visibility at the location. Traffic now runs smoother and disturbances have been reduced significantly. CITY OF LA QUINTA ��unthly School Resource Officer Report !/r Deputy Eric Speir La Quinta High School Type of Activit Number of Incidents Criminal Reports 16 Non -Criminal Incidents 4 Arrests 8 District Attorney Filings 0 Traffic Stops 0 YAT Referral 8 Vehicle Checks 1 Pedestrian Checks 10 Follow-up 0 Truancy 0 SIGNIFICANT ACTIVITY -- 1. A continuing problem at the school is the number of non -students coming on campus as well as students leaving campus for lunch. I have been addessing the issue of closing the gates at the school with both school personnel and fire department personnel. 2. Thefts are incensing on campus with the unattended lockers being a prime target. It appears that the quality of the lockers is poor and the doors are easily forced open to gain access. 3. 1 investigated one incident of alleged child abuse. CITY OF LA QUINTA IVIVI Ithly Community Service Officer Report KMZMMIXI!• C.S.O. Steve Grissom C.S.O. Monica Santillanes C.S.O.Thomas Fowler Summary of Activity for the Month of January Type of Activity Number of Incidents Burglary Investigations 7 Grand Theft Reports 2 Petty Theft Reports 10 Vandalism/Malicious Mischief Reports 11 Traffic Collision Response 20 Vehicle Code or Parking Citations 26 Abandoned Vehicles Tagged/Warning 5 Towed Vehicles 6 Lost or Found Property Reports 10 Area Checks/LQ Skate Park/Day Laborers 4 Public Assistance 7 Custodial/Non-Custodial Transports 2 Miscellaneous Calls 6 SIGNIFICANT ACTIVITY Conducted four Neighborhood Watch informational meetings. Conducted Home Owner Association meetings at Mountain View CC and the Trilogy at La Quinta. CITY OF LA QUINTA Monthly Explorer Report January 2006 Corporal Andy Gerard Deputy Andy Martinez Summary of Activity for the Month of,January Type of Activity IL Number Training Meetings 1 3 SIGNIFICANT ACTIVITY 1. Post 503 members competed in the "Explorer Tactical Competition" hosted by the Chandler, Arizona Police Department. The competition was an excellent challenge for Post 503 members as they competed with more than 800 Explorers in the following events: Paintball Challenge, Hostage Rescue, Marijuana Field Raid, Pistol Shooting, Hogan's Alley, Team Wall Climb, Timed Relays, Tug of War, Hostage Negotiations, Three Mile Cross Country Race and other events. Post 503 members enjoyed the competition and being evaluated by law enforcement experts during the tactical events. 2. Post 503 Explorers participated in three training meetings during January. The meetings covered physical training and competition event practice. Corporal Matt Diaz, School Resource Officer, spoke about law enforcement in the public school enviornment. Correctional Deputy Alejandro Barragan and Corporal Gerrrard coordinated all training events. 3. Post 503 Explorers participated in the City of Coachella Bicycle Safety and Health Fair held at Bagdouma Park. Explorers helped Coachella Police Department Deputies fit and "hand out" bicycle helmets to children of low-income families. r CITY OF LA QUINTA Monthly C.P.O. Volunteer Report January 2006 Volunteer Coordinator Danese Maldonado Type of Activity Number Monthly Volunteer Hours 152.5 Hours YTD 152.5 Hours 4/03 to Present 7,889.50 CPO Monthly Visits 121 CPO YTD Visits 121 CPO 4/03 to Present 5,889 Training Hours 12 SIGNIFICANT ACTIVITY 1. Currently, there are nineteen volunteers who assisting with many tasks at the City of La Quinta Community Policing Office (C.P.O.). Four new applicants are currently in the background process. 2. Volunteers are serving by entering all La Quinta traffic and parking citations in the database from the C.P.O. Volunteers are also assisting with weapons identification utilizing a dedicated (computer staton at the C.P.O. Volunteers are also assisting in Logistics, Evidence and Property as well as C.P.O. staffing duties. 3. The development of a volunteer staffed "Patrol Program" continues to move forward. A vehicle has been secured and the final outfitting and acquisition of equipment is underway. L � �LII�T � I'��LILL Crime Statistics Summary December -- 2005 Prepared for Department Report: :i i0 o is I m a CD 0 � m m Z m I CD CD 3 co o' i z C/) � m c 0 o m C C) =i CD 5. n D m m! o � v D n 2 20 n O� 090 D 00 zc vz m� mD 000 M n � m co v a 0 CD Q O C) a rn CL -� z D D D -T' O C) -� C� -� zDDmctDi��= c� -n 3 D z��n=�DWm� Z 0-n0Zmm rrl D c Zm L- � � i = m �D m-n r- --� O O � v n � O O P O W O 00 W N N O N rri 00 3 C Cnrm -� � O o' r c m p z O W O O OLo O N O O N -' O O iv n 4p R n ii D m 1! � � O CIO C)N --A Co CDcfl W m 0 O W A NJ cc co CD00 W CD y v O O CJ1 y O� _ 07 CD W CD CDN W O -' � v -' O N CJl CD 1! CD O D o � ° O CD z m C Z D ►� r � -I N D � o O C o r m D 120 100 80 60 40 20 0 1200 1000 800 600 400 200 0 Anth to Month Crime Comparison . December o DECEMBER 2005 0 DECEMBER 2004 109 HOMCIDE RAPE ROBBERY ASSAULT, FELONY BURGLARY VEHICLETHEFT LARCENY THEFT ARSON Year to Date Crime Comparison , December o YTD 2005 m YTD 2004 HOMCIDE RAC ROBBERY ASSAULT, FELONY BURGLARY VEiICLETHEFT LARCENY THEFT ARSON o DECEMBER 2005 Month to Month Traffic Activity Comparison o DECEMBER 2004 TIC NON -INJURY DUI TIC INJURY TIC FATAL Year t0 Date Traffic Activity Comparison o YTD 2005 p YTD 2004 DUI TIC INJURY TIC FATAL 2500 2000 1500 111 500 25000 20000 15000 5000 0 Month to Month Calls for Service Comparison - December2005 Total Non -Criminal Criminal Year to Date Calls for Service Comparison Total Non -Criminal Criminal a Dec. 05 Dec. 04 YTD 2005 Craig E. Anthony Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning Beaumont Calimesa 4. Canyon Lake Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore La .Quinta 4- Moreno Valley Palm Desert 4. Perris Rancho Mirage .;. San Jacinto Temecula Board of Supervisors Bob Buster, District I John Tavaglione, District 2 Jets stone. District 3 Roy Wilson, District 4 Marion Ashley, District 5 TV DEPARTMENT REPORT: 10 FIRE DEPAR-I'M[AT 210 West San Jacinto Avenue • Perris, California 92570 • (951) 940-6900 • Fax (951) 940-6910 February 3, 2006 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for October 1 through December 30, 2005. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quinta Calls: • Medical Aids 382 • False Alarms 106 • Structure Fires 10 • Vegetation Fires 2 • Rescues (accidents, entrapments) 75 • Other Fires (vehicle, refuse, etc.) 10 • Public Service Assists 36 (Non -emergency assistance) • Fire Menace Standby 22 (Fuel spill, gas leak etc.) There were a total of 2,336 emergency calls within the City last year. This was a remarkable 17% increase in calls for service over last year. October of 2005 also marked the completion of my 5th year assigned within the City of La Quinta. It continues to be a pleasure to serve this community, and work with your excellent staff: Respectfully submitted, Craig E. Anthony Fire Chief Dorian J. Cooley Battalion Chief + ,.F t$ i 1 's La Quinta City Fire Responses Quarter Totals ;al Responses ❑ False Alarms ® Structure Fire ❑ Vegetation Fires ❑ Rescues ❑ Other Fires Public Service Assists Fire Menace Standby October-05 November-05 December-05 Totals Medical Responses 123 108 151 382 False Alarms 39 38 29 106 Structure Fire 1 2 7 10 Vegetation Fires 0 0 2 2 Rescues 29 22 24 75 Other Fires 7 1 2 10 Public Service Assists 9 16 11 36 Fire Menace Standby 8 7 7 22 TOTAL71 216 194 233 643 La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons ❑ 2005 02004 Fourth Quarter 2005 2004 Medical Responses 382 322 False Alarms 106 80 Structure Fire 10 14 Vegetation Fires 2 0 Rescues 75 88 Other Fires 10 19 Public Service Assists 36 39 Fire Menace Standby 22 16 TOTALSI 643 578 2 15/2006 Example of recent accident in La Quinta - Note intrusion into passenger compartment. Fortunately driver was sole occupant. Ladder Truck personnel removed doors from drivers side, as well as roof (shown set back on car in this photo) in order to access patient. La Quinta Fire Explorers shown practicing the "Bucket Brigade" event with the Coachella Explorer Group. This is one of several fun events seen at traditional firefighter competitive "Musters".