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2006 09 05 CC
6T# 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. SEPTEMBER 5, 2006 - 2:00 P.M. Beginning Resolution No. 2006-094 Ordinance No. 430 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, 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 acquisition of real property is considered. 1. CONFERENCE WITH THE AGENCY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNER/NEGOTIATOR: STAMKO DEVELOPMENT CO., CHRIS CLARKE - I-, �r. City Council Agenda 1 September 5, 2006 2. CONFERENCE WITH CITY'S LEGAL COUNSEL REGARDING PENDING LITIGATION, KSL LAND CORPORATION v. CITY OF LA QUINTA, ET AL., RIVERSIDE SUPERIOR COURT CASE NO. INC 060133, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a). 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. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING. WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM SHELDON BRODSKY DATED AUGUST 8, 2006. 2. CORRESPONDENCE FROM POLO AMERICA REGARDING POLO & BALLOON FESTIVAL. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF AUGUST 1, 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 REGISTERS DATED AUGUST 15 AND SEPTEMBER 5, 2006. City Council Agenda 2 September 5, 2006 2. APPROVAL OF A REQUEST BY THE CHAMBER OF COMMERCE TO UTILIZE THE COUNCIL CHAMBERS FOR A CANDIDATE'S FORUM ON OCTOBER 11 , 2006, 7:00 P.M. TO 9:00 P.M. 3. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES FOR CONSTRUCTION INSPECTION SERVICES. 4. ACCEPTANCE OF A GRANT OF EASEMENT FOR SECONDARY GATEWAY TREATMENT PURPOSES FROM LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, ASSOCIATED WITH THE ESPLANADE DEVELOPMENT, TRACT MAP 29323-1. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32068, THE CITRUS, POMELO PACIFIC, LLC. 6. APPROVAL OF AN ART PURCHASE AGREEMENT WITH VIGALL ART FOR THE DESIGN AND CONSTRUCTION OF THE ARCH SCULPTURE ADDITION. 7. APPROVAL OF AN AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE WASTE MANAGEMENT DEPARTMENT AND THE CITY OF LA QUINTA FOR THE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS AT THE LA QUINTA CORPORATE YARD AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE AGREEMENT. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ON -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31874-2, CARMELA, TAYLOR-WOODROW HOMES, INC. 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFF -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31874-2, CARMELA, TAYLOR-WOODROW HOMES, INC. 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ON -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31874-1, CARMELA, TAYLOR-WOODROW HOMES, INC. 11. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFF -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31874-1, CARMELA, TAYLOR-WOODROW HOMES, INC. 12. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 31249, THE VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. 13. DENIAL OF CLAIM FOR DAMAGES FILED BY TIME WARNER CABLE: DATE OF LOSS — JANUARY 17, 2006. 03 City Council Agenda 3 September 5, 2006 14. DENIAL OF CLAIM FOR DAMAGES FILED BY ALFONSO PENA: DATE OF LOSS — JANUARY 17, 2006. 15. DENIAL OF CLAIM FOR DAMAGES FILED BY MARTHA HERNANDEZ: DATE OF LOSS - JANUARY 17, 2006. 16. DENIAL OF CLAIM FOR DAMAGES FILED BY TRACEY ESSARY: DATE OF LOSS - MAY 25, 2006. 17. DENIAL OF CLAIM FOR DAMAGES FILED BY VERIZON: DATE OF LOSS - JUNE 9, 2005. 18. APPROVAL OF ADVERTISEMENT IN 2007 CALIFORNIA VISITOR'S GUIDE. 19. ADOPTION OF A RESOLUTION MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) FOR THE SilverRock RESORT ON -SITE AND OFF -SITE NATIVE AND PERIMETER AREA ENHANCEMENTS, PROJECT NO. 2002-07 0 AND CONSENTING TO THE EXPENDITURES. 20. APPROVAL OF AN AGREEMENT TO SHARE TRANSIENT OCCUPANCY TAX REVENUE WITH VILLAGE RESORT, LLC, A SUBSIDIARY OF CHICAGO TITLE, FOR THE EMBASSY SUITES HOTEL LOCATED AT 50-777 SANTA ROSA PLAZA. 21. APPROVAL TO AWARD A CONTRACT TO DBX, INC., IN THE AMOUNT OF $263,644.00, FOR THE CONSTRUCTION OF THE AVENUE 47 AT ADAMS TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 2005-04. 22. APPROVAL OF A REQUEST FOR PROPOSAL TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2005-03. 23. APPROVAL OF POSITION DESCRIPTION FOR EMERGENCY SERVICES COORDINATOR AND AMENDMENT OF THE POSITION SCHEDULE. 24. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER AND CODE COMPLIANCE OFFICER II TO ATTEND THE CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS 2006 ANNUAL SEMINAR, LOCATED IN MONTEREY, CALIFORNIA, OCTOBER 4-6, 2006. 25. APPROVAL TO DISTRIBUTE A REQUEST FOR PROPOSAL FOR THE REDESIGN AND DEVELOPMENT OF THE CITY OF LA QUINTA WEB SITE. 26. APPROVAL OF A FINANCING AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY FOR THE WASHINGTON STREET LAND ACQUISITIONS. 27. APPROVAL OF AN OPERATIONAL AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE COACHELLA VALLEY VIOLENT GANG TASK FORCE. 1� 04 City Council Agenda 4 September 5, 2006 28. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH T.D. DESERT DEVELOPMENT LIMITED PARTNERSHIP FOR RAISED LANDSCAPE MEDIAN IMPROVEMENTS ON AVENUE 50 AND APPROPRIATION OF INFRASTRUCTURE FUNDS. 29. APPROVAL OF AN AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE COACHELLA VALLEY CONSERVATION COMMISSION CHANGING THE LIST OF SIGNATORIES FOR THE COACHELLA VALLEY MULTI -SPECIES HABITAT CONSERVATION PLAN AND AUTHORIZE THE MAYOR TO SIGN THE AMENDMENT. BUSINESS SESSION 1 . CONSIDERATION TO APPROVE A SERVICE PROVIDER AGREEMENT WITH REFLEX TRAFFIC SYSTEMS, INC. FOR THE CITY'S REDLIGHT CAMERA ENFORCEMENT PROGRAM, PROJECT NUMBER 2004-06. A. MINUTE ORDER ACTION 2. CONSIDERATION OF AN ART PURCHASE AGREEMENT FOR THE DESIGN OF THE LIBRARY BUS STOP. A. MINUTE ORDER ACTION 3. CONSIDERATION OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING ON THE COACHELLA VALLEY FRINGE -TOED LIZARD HABITAT CONSERVATION PLAN REGARDING "MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE -TOED LIZARD" TO PROVIDE AN EXTENSION OF THE CURRENT MOU UNTIL AUGUST 31, 2007. A. MINUTE ORDER ACTION 4. CONSIDERATION OF A CITY COUNCIL SUBCOMMITTEE AND UPDATE ON THE SPHERE OF INFLUENCE. A. MINUTE ORDER ACTION 5. CONSIDERATION OF A RESOLUTION AMENDING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. A. RESOLUTION ACTION City Council Agenda 5 September 5, 2006 STUDY SESSION — NONE 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 (HENDERSON) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (SNIFF) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 11. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 15. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. SILVERROCK SUBCOMMITTEE DEPARTMENT REPORTS 1 . CITY MANAGER - NONE 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. MEETING SCHEDULE FOR JOINT CITY COUNCIL/COMMISSION MEETINGS C. VOLUNTEER POLICE AND FIREFIGHTER'S ANNUAL DINNER AND HOLIDAY OPEN HOUSE 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT FOR JULY 2006 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT FOR JULY 2006 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT FOR JULY 2006 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT FOR JULY 2006 9. POLICE DEPARTMENT MONTHLY REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE City Council Agenda 6 September 5, 2006 MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING ART IN PUBLIC PLACES PROGRAM. (REQUESTED BY COUNCIL MEMBER KIRK) RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. 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. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION TO VACATE A ±420 SQ. FT. PORTION OF CALLE TAMPICO NEAR AVENIDA VILLA. A. RESOLUTION ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on September 19, 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. ,n 07 City Council Agenda 7 September 5, 2006 DECLARATION OF POSTING I, Deborah H. Powell, Interim City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of September 5, 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, on September 1, 2006. DATED: September 1, 2006 DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7030. 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. 0O City Council Agenda 8 September 5, 2006 WRITTEN CORRESPONDENCE ITEM: August 8, 2006 Hon. Don Adolph Mayor La Quinta, CA 92253. Dear Don: Enclosed for your perusal is a proposal for an entertainment program at the Senior Center. I am very excited about this, and in fact, have already unofficially started working on it. Thank you for your time and I hope for a favorable response from you. Sincerely, Sheldon Brodsky 47940 Via Jardin La Quinta, Ca.92253 (760)777-8417 (760)777-8039 fax E-Mail: shelito@dc.ff.com 0Ui� P9 LA QUINTA SENIOR CENTER ENTERTAINMENT PROGRAMS PROPOSAL For some time now, I have felt that the all-purpose room at the La Quinta Senior Center was a very under-utilized facility. There are some activities taking place there and I have no intention of disrupting them. But, from my 3 years of service on the Cultural Arts Commission and having taken 2 years of water color classes with Kathy Dunham, I have spent a fair amount of time at the center. The auditorium with its proscenium stage can hold about 250 people (chairs; no tables). I propose putting on a series of entertainment attractions on a regular basis. PIease understand, I do not wish to upset the normal operations of the Center, nor do I wish to compete in any way with the La Quinta Playhouse. I also do not want to try to compete with the Joslyn Center, which has a long history of programs. I propose taking baby -steps. My programs would run once every 3 weeks from November to May for a total of 10 shows. Some shows would be on weekday afternoons, some on early weekday evenings and some on weekend afternoons for the children. I know that you can't be all things to all people, but I would endeavor to present programs, which would appeal to every age group and ethnicity, I.E, every resident of La Quinta and those who might come from surrounding communities. Some shows might cost nothing. I have always wanted to have an "American Idol" kind of show, where the seniors would put on a show for the kids and the kids would put on a show for the seniors. I have seen lots of talented seniors E.G. tap dancers. Choral groups, musicians, etc..And I know that the middle schools and high school are full of talented kids. If the City decided to give an honorarium to the schools, that would be the only cost. I am proposing a total budget of $40,000.00— $25,000.00 for the 10 programs ($2,500.00 each) and $15,000.00 for my services. Since every one would be signing contracts with the City, the Council would know where every dollar is going. If a particular show cost $1,500.00, I would have an extra $1,000.00 to spend on something special. I would devote a good deal of time to this project and would also make myself available to consult with any other entertainment in which the city might be involved. I would follow the guidelines of the Joslyn Center, which seem to work very well. They have a price for members and a higher price for non-members. As an added benefit, this could well encourage people to join the Center to get a lower price for tickets. Since we are feeling our way, I don't want to over -price or under -price the tickets. I would suggest for matinees: $3.00 for members and $5.00 for non-members. For evenings: $5.00 for members and $7.50 for non-members. With the average ticket price of $4.00 and $6.25, if every show sold out, the gross would be $1,000.00 or $1,562.50. I'm well aware that 250 seats are a lot to fill, but thinking optimistically, the money would go back to the City and/or The Center. I'm not sure how I feel about children under 12 having free admission, but would value your opinions. I would assume that the Community Services Department would provide the necessary staff and perhaps volunteers who would provide the necessary functions for set-up, take -down, ticket sales etc. Having spent the majority of my adult life in the theatrical business as an agent, personal manager, concert promoter and producer, I feel very qualified to take -on this project. I have contacted a number of people in the Coachella Valley, who regularly put on shows at various venues, getting their ideas on talent and costs. I would continue to consult with them. Having given this a great deal of thought, I think I have covered the "5 W's (Who, what, when, where and why). With the explosive growth of businesses and homes in La Quinta and the growth of the tax base, I feel the time is right. My desire is to provide something new and different for all the citizens of La Quinta, without stepping on anyone's toes or disrupting normal operations. I have made this very clear to Edie Hylton and Christina Calderon. For your information, I have attached a copy of the Joslyn Center's Summer Series. Thank you for your time and consideration. I would like to start immediately..... if not sooner! ! ! Sheldon Brodsky 47940 Via Jardin La Quinta, Ca. 92253 777-8417 phone 777-8039 fax E-Mail-shelito@dc.rr.com August 4, 2006 Joslyn Nr)ter Awt-re pros(q= mzZaDg smincr krrftss Experience the fabulous entertainment this summerT JUNE 1 It — - Angela Maria Pritchard (Singer) 81h — Mara Getz (Singer) 151h — Kathy Holly (Singer) 22nd — Jim Borax (Sing along productions) with Mike Lerner, Jim Davison (singers) 29th -- Heather. Carmody (Opera singer) - with guest artist Josephine Lombardo JULY ` 6th — George & Joanne Carr — (Singers) 13th - Arthur Bardahn Trio 20th — Gerald Colucci (Opera Singer) 27th —David Winston: (.Mind Reader) AUGUST 3,,d — Lori Donato — (Singer) 101h — Linda Peterson - (Singer & pianist) 1 7th _ Troy Skinner — (Singer) 24th — Yve Evans - jazz singer & Pianist) 31St — Jerome Elliot, Tim Bruneau & Zina Kuhn (Season Finale) Thursdays at 2:00pm 9MI $3.00 members $ 5.00 non-members 12 WRITTEN CORRESPONDENCE ITEM: A- 0 0 AMEHICA June 29, 2006 Maria Casillas City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Dear Maria The City of La Quinta is cordially invited to become one of our sixty hot air balloon sponsors at the 2007 Red, White & Blue Polo and Balloon Festival. We are combining two of the great tourist attractions of the Valley, polo and hot air balloons. Earlier this year we had 34,000 people attend the Red, White & Blue Polo and Balloon Festival. Next year we expect the attendance to increase to 50,000. On January 5,6,7, 2007 the Eldorado Polo Club and Fantasy Springs Resort Casino will be the host site for forty race balloons, twenty special shape balloons and ten polo games. The entire weekend is a fundraiser for the families of our troops at 29 Palms Marine Corp Base serving overseas. The Desert Sun said Season normally begins with the Bob Hope Classic. From now on season begins with the Red, White & Blue Polo and Balloon Festival. We hope to have all eight cities participate as balloon sponsors. Currently, Palm Desert and Indio have contracted to be balloon sponsors. The following is information on the Balloon and Polo Festival Should you have any questions please call me. I hope you'll be able to join us. Best regards, Randy Russell I -13 78-365 Highway 111, #106, La Quinta, CA 92253 • (760) 777-8081 • E-MAIL: randy@poloamerica.com 11 71 IM1,7--il Eldorado Polo Club 50`s Anniversary January 5-7, 2007 For the families of our Service Men & Women serving overseas Eldorado Polo Club celebrates it's 50' Anniversary with the Red, White & Blue Polo and Balloon Festival. The Festival is the third largest Special Shape Balloon Festival in the Country. This star-studded weekend will feature celebrities on the polo field and above. Expected attendance is 50,000. Festivities will begin on Friday January 5th, as 75 Hot Air Balloons will take off with Balloon Sponsors to start the Ford Trucks Red, White & Blue Polo & Balloon Festival. On Saturday morning January 6' the Balloons will take off at 6:30 AM. Battle of the High School Bands at 2:00 PM at the Eldorado Polo Club followed by an exciting polo game, a Balloon Glow and Black Tie Blue Jean (Lobster Bake) dinner in the clubhouse. On Sunday, January r the Balloons will take off at 6:30 AM. Eldorado Polo Club Se Anniversary high goal polo match, MV horse polo pony parade, formal luncheon, and fashion show will be held at the Eldorado Polo Club in the afternoon. BALLOON SPONSOR 1) A full page four color ad in the winter issue of Polo America. Polo America will be distributed at the Red, White & Blue Polo & Balloon Festival, Hat Day, Barbara Sinatra Skins Polo Game in addition to each Sunday at the Eldorado Polo Club. 2) Sponsor of one of the Hot Air Balloons. A banner will be created with your company name or logo and hung on your balloon basket for the three days. 3) Opportunity for one person to ride in your sponsored balloon on Friday, January 6`h. 4) Your Company name will appear in the Red, White & Blue Polo & Balloon Festival section of Polo America magazine. 5) Your Company name or logo will appear on the 1000 posters and14000 invitations. 6) The announcer throughout the weekend will make announcements of your sponsorship. 7) A 10' x 10' exhibit space for Saturday & Sunday at the Eldorado Polo Club. 8) Two VIP tickets to each Polo Match. Includes the Black Tie Blue Jean Lobster Bake on Saturday night January 6th. 9) The following media package has been secured to promote the Festival. a. Two full page full color ads in Desert Sun Weekend b. Two 3 column by 12" ads in Desert Sun full run c. Five Desert Sun ear ads in full color 2" x 2 1/2" d. Full page full color ad in Desert Post Weekly e. Full page full color ad in Desert Sun Viva f. Half page full color ad in December issue of Desert Magazine g. Fifty 30 second television commercials on Time Warner Cable h. 110,000 four color inserts in the Time Warner Cable billing statements i. One hundred twenty (60) second commercials on KJJZ j. One hundred twenty (60) second commercials on KPLM k. Two full page four color ads in Polo America 1. 1000 posters m. 14000 invitations n. Polo America website pages Total cost of this package is $3800 cc� 15 ADDITIONAL SPONSORSHIP ITEMS 1) A 20' x 40' Banner across the envelope of your sponsored balloon. (Includes artwork).... additional $2500 2) Sponsor of a Special Shape Balloon... additional $1750 3) Sponsor of a Polo Team on January 6 or 7, 2007 (includes team shirts).... additional $3000. 4) Sponsor of Polo Game on January 6 or 7, 2007 includes sponsorship of one team (includes team shirts)... additional $10,000 5) Fireworks sponsor on January 6... additional $15,000 6) Balloon Glow Sponsor... additional $20,000 7) 8' x 20' Billboard on the Eldorado Polo Club number one field from November 1, 2006 through April 30, 2007 (artwork not included)... additional $6000 for the season. To participate call Randy Russell at Polo America, (760) 777-8081 TW�t atA " AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: August 15, 2006 ITEM TITLE: Demand Register Dated August 15, 2006 RECOMMENDATION: Approve Demand Register Dated August 15, 2006 BACKGROUND: Prepaid Warrants: 69467 - 69530} 212,845.95 69531 - 695341 51,125.76 69535 - 69535} 65,123.65 69536 - 695551 335,076.96 Voids} (926.86) Wire Transfers} 265,800.44 P/R 33349 - 333691 177,629.88 P/R Tax Transfers} 48,653.16 Payable Warrants: 69556 - 69688) 263,951.19 $1,419,280.13 FISCAL IMPLICATIONS: Demand of Cash -City $1,268,192.43 Demand of Cash -RDA $151,087.70 John M. Falconer, Finance Director BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 117 CITY OF LA QUINTA BANK TRANSACTIONS 07/26/06 - 08/08/06 0726/06 WIRE TRANSFER - PERS $43,911,60 07/26/06 WIRE TRANSFER - ICMA $6,811.68 07/27/06 WIRE TRANSFER - PERS HEALTH $69,287.74 07/27/06 WIRE TRANSFER - PERS $611.48 07/27/06 WIRE TRANSFER - WATERCOLORS $48,000.00 07/31/06 WIRE TRANSFER - WATERCOLORS $48,000.00 08/01/06 WIRE TRANSFER - PERS $1,177.94 08/08/06 WIRE TRANSFER - WATERCOLORS $48,000.00 TOTAL WIRE TRANSFERS OUT $265,800.44 0 N O O O O O00 10 N. d N N r ,0 O O O e c- 0 �p O M 10 I U 4 1 M ,f N O I U, t N 1 I= O I W 1 i u1� N AK WNd l9 m Z 1 1 1 1 I O 14c OP O 00 �JDa pO �o 0� WZ j 1 I i� K 00 00 MM rrM �N1`NolD O N 1 •D `l? tV N O O �'+ 00 N1i1 N OpO O Zce OQ 1 O0 �W o� v O01 r +nUA 00D t Z 1 �� �� 1 `Ld j oO 14 NNp Ooo O`0` MM �! xS ,0•O CO 0 1 Wu I .M p 0,0 T- o u � ON 1 IM•.IN .- I Z H 00 00 N G P- rLL 1 NN r 0 O0o01 1 t SO 0In Of 1 UJ 1 .I.is3'? 1 1 O 1 � O 0 � 0 I aG WZ .1 O, d to O 1 M .O 1 I 1 O In M N M M MM.t I N <N ��? t 1 1 O 00 M M 00 1 I M M If+ M N M N S .; ! 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G �� �' ► O H 1 �" �40 1 z OO ` pY . 6 1 0> Z O J Z 1 0� { 1 111 O H 1 W { av 1 > r " 1 1 t 1 1 1 � 1 1 U3 " a � 1 t " 1 ' , t 1 � 1 ► t � 1 1 r " ► 1 1 " ' 1 1 1 { " 1 " 1 " 1 " 1 " 1 1 1 � 1 , 1 t Y " 1 t 1 � 1 " 1 " 1 " 1 " 1 ' 1 , 1 1 1 N ' Y ► fn U u ' " 1 ' w 1 1 -1" 4 1 1 1 " Cb- 1 " Y ►o" V � •1 " 1 G 1 1 N � ; J " ► a ► 1 `t 1 � " 1 O ' 1 1 � 1 " 1 ► t " t " 1 " 1 1 , ' r 1 � z ► w t � � s 1 1 w cc 1 ► 1 Ott "� w 1 �3 CO " m 1 1 t aao der 1 � ► a te`'' C. o u t U - °, �w4� AGENDA CATEGORY: 5 G�h1 OF COUNCIL/RDA MEETING DATE: September 05, 2006 ITEM TITLE: Demand Register Dated September 05, 2006 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated September 05, 2006 BACKGROUND: Prepaid Warrants: 69689 - 69710) 80,292.88 69711 - 697241 9,552.61 69725 - 697571 127,875.07 Voids) (9,653.58) Wire Transfers} 578,421.25 P/R 33370 - 334091 343,103.61 P/R Tax Transfers} 96,514.70 Payable Warrants: 69758 - 699191 1,308,464.79 $2,534,571.33 FISCAL IMPLICATIONS: Demand of Cash -City $1,532,362.99 Demand of Cash -RDA $1,002,208.34 M. Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 08/09/06 - 08/29/06 08/09/06 WIRE TRANSFER - PERS $43,823.07 08/09/06 WIRE TRANSFER - ICMA $6,690.89 08/09/06 WIRE TRANSFER - WATERCOLORS $48,000..00 08/14/06 WIRE TRANSFER - LANDMARK $50,000.00 08/16/06 WIRE TRANSFER - LANDMARK $81,635.41 08/18/06 WIRE TRANSFER - WATERCOLORS $56,000.00 08/18/06 WIRE TRANSFER - WATERCOLORS $56,000.00 08/23/06 WIRE TRANSFER - ICMA $6,737.14 08/23/06 WIRE TRANSFER - PERS $43,113.70 08/24/06 WIRE TRANSFER - LANDMARK $138,221.04 08/25/06 WIRE TRANSFER - ICMA $200.00 08/29/06 WIRE TRANSFER - WATERCOLORS $48,600.00 TOTAL WIRE TRANSFERS OUT $578,421.25 r N to I 1 Or I 1 O• O O O O O S O O S U O \ I Y J 1 O O O r O M S O O I� I U Q I O I W 1- 1 N .t 0 0 0 0 0 O o cc In I` o to %0 to W N uj l u 1-- Ln Ln LA 10 NIA r c� w 1 I d S ! 1 oz I 1 a I I w /r I 1 IL O 1 i a C9 W I F Z I Z Ix I Z " 1 •-� 1 = Q 1 �t •►c is is -K ac is •k is is 41 it F 1 O F- 1 Z I E w l O I ¢w 1 Ln O.O, 00 00 Mt-r O�OMO 000000 Ln 10 O.0 IT It 00 00 NNS 010, 00 O f \I SOHO tn r 90 00 OU 1M U\•OOr 000000 00S OEM SS 00 00 0000 �0 U\tn 00 U I W U I U I UN I 0110001-N SS 00 0,0,I--NN0,0 000000 a,00 00 OOr 0P0 00 Q 1 Z.-i I M GOM1� rc- InM SOMrr-11- OOOU\tnO m1�PIn 0%0% %0%0 Ln Ln WW\0 %0 %0 in in i Q C I r 1-1� N r r to In I Ln 0,0 (M N In to r 1 F-li I N rNrl� SS I "O 1 1 £ 1 1 W 1 I I lz W 1 1 Z I 1 1 1 I 1 1 I 00000000 O 0 SOrSSS IntninLf%LA rrr r r N tnN In O 1 1 1 00000000 O O 10 N1 10 M 10 %O rra-re- 000 O M O rr N O 1 11 1 1 I I 11 1 1 1 1 I I 1 1 1 I I 1 I MMM N1 O In Mr M10 MM NNNNN MMM U1 O •O NN r O w 1 1 S S S S O M S S S M S S S S S S S M M 1n S M U) S S S M 010,010, r 00 rrNrrr O,rrrr Intntn r r r I U1 00 £ 1 z 1 rrrr N N to to NNMIn rNtn to to rrr In N M to ul r N 1 I It It M N SSSSSS SSSSS SSS In S S SS S N Z 1 O I 1 1 1 1 1 1 1 1 1 1 1 1 '0 1 1 t 1 11 1 1 1 I I I I 1 I u 1-00000W O O to N In Stn V\ mSN1nS rrr S S •O NN N O Y 1 u 1 0000 O O OOIntn00 0UA000 000 Ol In 0 00 O O Z 1 Q I 0 0 0 0 0 0 000000 00000 000 %0 0 O 00 O o Q I I lntnUNLn r O 1nMtntnl�-M IntnMMM It It It r to f` MM S 0 03 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I 1 I r r r r r r r rrrr r r rrr r r r r r r r r r r r N 1 1 O 0400 O O 000000 O O O O O 000 O O O 00 O 0 m I 1 r r r r r r r r r r r r - r r r r r r r S r r r r r r I ix ! 1 W I I •-i I 1 U) 1 I W 1 1 1010,010 10 10 �O 10 %0 10 10 10 10 �O 10 10 10 10 ,0 10 10 10 .O •O l0 10 �O I 1 0000 0 O 000000 00000 000 O O O 00 O 0 1 1 0000 O O O O O O O O O O O O O 000 O O O 00 O 0 Y I I N N N N N N N N N N N N N N N N N N N N N N N N N N N W I F 1 01010101 O• O. 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RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 2 STUDY SESSION: PUBLIC HEARING: Approve a request by the Chamber of Commerce to utilize the Council Chambers for a candidate's forum on October 11, 2006, 7:00 p.m. to 9:00 p.m. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Chamber of Commerce has requested that the Council Chambers be made available for a candidate's forum on October 11, 2006. The request meets all the requirements of facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1) for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request from the Chamber of Commerce to utilize the Council Chambers on October 11, 2006, 7:00 p.m. to 9:00 p.m.; or 2. Do not approve the request from the Chamber of Commerce; or 122 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Building & fety Director Approved for submission by: T Thomas P. Genovese, City Manager Attachment: 1. Application ATTACHMENT 9 T4 4 Oxga�ai�a<tioa: �z `� V { h n� We bk'.f CS'F m rn C' t`C Persoa(9) IA' Charge: �u+k-F;vtihol't Phone: •3)4m nadress: 7a.225'AIle Tani tkD *Y!, La C20 0 iA - facility Reggea��d: ii;�-u Co�tn_ 1 _ ag,,ber Type of Event: I ablic o Prmat nescriptIOA of Activity:.1/t A1/?Gf(�� Date{s) of Use:_1)4:4. 11, JQO u�. Size of Group: )O &` . Time of US*: Stilt 7 p0 Yiaish (a►. pf ) :00 Total Hours of Me' x $32 • 0 /hour - _- Certificate of A<:ditioual Insured At;t~aich+ed: -C 1r•- City I3asu�rm ace Zclucoteds Fee -Paid: $ "fundable Clean:mg Deposit Paid: Session Roams i $::00 Council Chambers +:up to 53 people) 0t300 Couocil Maeruers �:54 people plus) • $500 Total Paid: S Zia The undersxgued r ereby agrees to abide by the rules aaud regulations Of the City of LAI Quints relating to t ke use f public facilities. Date, 016 _ _ _ _ Signature: ?, Title: Deposit Required )?or:._�� 1DepoA i t ate turned ; Date: M a .%. V...,.... .Aw ,i,w ".. .prA.A . . —A %he ...........e a.r..r..or.w ....w r.. .rrc... .f ♦A. SpalolrAAY %R t1k. ►.rrae, to noo N •ffloor of the Row .Att.* ..VPAAo^w&-,k L. +oio, N/mao, Mawt promont +rituen attbor h.etaor feom� rbo wr%ar to .SIR. G7 wi�A§'097W P AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 5, 2006 BUSINESS SESSION: ITEM TITLE: Approval of a Professional Services CONSENT CALENDAR: „ Agreement with Harris & Associates for Construction STUDY SESSION: Inspection Services PUBLIC HEARING: RECOMMENDATION: Authorize the City Manager to execute a Professional Services Agreement with Harris & Associates for construction inspection services. FISCAL IMPLICATIONS: These services will be paid for on a time and material basis. Costs for these services are paid through development fees or are included in the CIP budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 6, 2006, City Council authorized staff to distribute a Request for Proposals (RFP) for construction inspection services. The City received seven (7) proposals in response to the RFP. On August 1, 2006, City Council approved an agreement with PSOMAS for construction inspection and management services. Due to the large quantity of construction projects, staff is recommending that a second firm be selected to ensure that the City can continue to provide good customer service. Staff is recommending approval of a Professional Services Agreement for construction inspection services with Harris & Associates. Attachment 1 is the Professional Services Agreement for construction inspection services with Harris & Associates. The Agreement calls for an initial two-year term beginning September 6, 2006 and ending September 5, 2008, with an option for up to one additional two-year term (extended term) upon mutual agreement by both parties. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to execute a Professional Services Agreement with Harris & Associates for construction inspection services; or 2. Do not authorize the City Manager to execute a Professional Services Agreement with Harris & Associates for construction inspection services; or 3. Provide staff with alternative direction. Respectfully submitted, e P, Timothy "on on, P.E. Public Wor s Director/City Engineer Approved for submission by: 6 Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement with Harris & Associates for Construction Inspection Services 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 Harris & Associates ("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 Construction Inspection Services as specified in the "Scope of Services" attached hereto as .Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 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 & METHOD OF PAYMENT 2.1 Compensation. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (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 thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force .Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy,_ fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (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 beginning September 6, 2006 and terminating on September 5, 2008 (initial term), and upon mutual agreement by both parties, the term may be extended up to one two-year term (extended term). 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: 111 2 g a. Ramiro Herrera, Regional Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager. 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. The amount of insurance required hereunder shall be $500,000 per individual; $1,000,000 per occurrence for Personal Injury/Property Damage Coverage. Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement -of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, 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 representatives, and agents, which arise out of acts or activities of Contractor's or Consultant's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by 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, incurred in defense of such Claims. 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. 130 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 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. 131 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 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 132 Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 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. CITY: CONSULTANT: City Of La Quinta Harris & Associates Attn: Timothy R. Jonasson Attn: Ramiro Herrera, Regional Manager 78-495 Calle Tampico 74-333 Highway 1 1 1, Suite 101 P.O. Box 1504 Palm Desert, CA 92260 133 La Quinta, CA 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 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 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. 134 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: Deborah H. Powell, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Date: 9/e,'� f'A Name: 12-1<o 1 go 5 . w1wex ; J /1 Title: tC.('4N�L /"7,4NAC-7 Iz EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services as follows: 1. CONSTRUCTION INSPECTOR 1. Provide qualified technical field representative to monitor the construction of a variety of public works Capital Improvement and private development construction projects. 2. Prepare and track project schedules as directed by the City. 3. As directed by the City, prepare necessary correspondence, reports, and memos necessary to administer various City capital improvement projects and/or private development projects. 4. Observe, document and report on project progress, daily construction activities, assume the City's role and act as the City's agent with contractors, developers, other outside agencies and with City contracted technical consultants. EXHIBIT B SCHEDULE OF COMPENSATION Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. The City shall not pay any additional hourly wage for hours worked over 8 per day nor over 40 per week. Compensable time shall begin when the inspector arrives at the designated work site and shall end when the inspector leaves the designated work site to commute or stops conducting business associated to the City. 13/ Fee Schedule As -Needed Construction Inspection Services Harris & Associates RANGE OF HOURLY RATES: ALL EMPLOYEES Effective January i - December 31, 2006* CONSTRUCTION PROGRAM MANAGEMENT Project Director Project Managers Construction Managers Resident Engineers Construction Engineers Scheduling Engineers Cost Engineers Inspectors Technicians Administration ENGINEERING DESIGN AND PUBLIC WORKS SERVICES GROUPS Project Directors Project Managers Project Engineers Technical Support Administration *Notes: HOURLY RATE $180-250 150-205 125-185 125-185 100-150 110-165 110-160 95-120 80-105 65-90 HOURLY RATE $180-250 115-190 85-160 70-90 65-90 1. These individuals include professionals and support personnel who might work on Hams projects. Support personnel include technicians and administrative staff. 2. Rates are subject to adjustment due to promotions during the effective period of this schedule. A new rate schedule will become effective and apply to this contract on January 1, 2007. 3. Unless otherwise indicated in the agreement, hourly rates include most direct costs such as vehicle usage and mileage, equipment usage (including computer and telephone), and printing and copying (except large quantities such as construction documents for bidding purposes). 4. Billing rates for independent contractors and hourly employees are determined on a case -by -case basis. 5. All suboonsultant services are subject to a 10% markup. IHarris & Associates. 138 EXHIBIT C SCHEDULE OF PERFORMANCE Consultant shall provide services on a full-time basis for twenty-four (24) months beginning September 6, 2006 through September 5, 2008 (initial term), and upon mutual agreement by both parties, the term of this agreement may be extended for up to one additional two-year term (extended term). 139 EXHIBIT D SPECIAL REQUIREMENTS AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone and service compatible with the City's cellular phone service for each inspector assigned to the City at no additional cost to the City. 2. The Consultant shall provide a hand held digital "smart level", one for each inspector, calibrated for use in the performance of the inspector's duties to determine percent of slope of inspected horizontal surfaces for compliance with various design guidelines. 3. The Consultant shall provide each inspector a "digital" camera for daily photographic documentation. The City shall provide the necessary means of printing and downloading of digital photos for archive purposes. Said camera shall have "date back" capability and of sufficient mega pixel resolution to review relevant details of the work inspected. 4. The Consultant shall provide each inspector with a hand held digital weather monitoring device. The device shall provide site -specific data of wind speed, ambient temperature and relative humidity, all data to be recorded in inspector's daily report. 5. The Consultant shall insure that each inspector has successfully completed the "Coachella Valley Fugitive Dust Control Class" provided by the South Coast Air Quality Monitoring District (at no cost) and renewed every two years. 6. The Consultant shall provide his or her own transportation to and from the designated work site. 140 a V� � fGGK,rGV M OF IK� COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Acceptance of a Grant of Easement for Secondary Gateway Treatment Purposes from Lennar Homes of California, Inc., a California Corporation Associated with the Esplanade Development, Tract Map No. 29323-1 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -# STUDY SESSION: PUBLIC HEARING: Accept a Grant of Easement for Secondary Gateway Treatment purposes from Lennar Homes of California, Inc., a California Corporation associated with the Esplanade Development, Tract Map No. 29323-1, and authorize the City Manager to sign the certificate of acceptance for the same. FISCAL IMPLICATIONS: None at this time. Future cost to the City will be for the maintenance associated with interim landscaping to be installed by Lennar Homes of California, Inc. and ultimate design and construction cost incurred by the City for a secondary gateway treatment and perpetual maintenance thereof. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Esplanade Development, Tract Map No. 29323 is located on the northwest corner of Jefferson Street and Fred Waring Drive (Attachment 1). The City of La Quinta Comprehensive General Plan adopted March 20, 2002, Exhibit 3.6 Image Corridors, identifies the corner of Jefferson Street and Fred Waring as a secondary gateway treatment location. The Developer desires at this time to dedicate, by Grant of Easement (Attachment 2), the additional right-of-way to the City of La Quinta for the Secondary Gateway Treatment. " 141 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept a Grant of Easement for Secondary Gateway Treatment purposes from Lennar Homes of California, Inc., a California Corporation associated with the Esplanade Development, Tract Map No. 29323-1, and authorize the City Manager to sign the certificate of acceptance for the same; or 2. Do not accept a Grant of Easement for Secondary Gateway Treatment Purposes from Lennar Homes of California, Inc., a California Corporation associated with the Esplanade Development, Tract Map No. 29323-1, and do not authorize the City Manager to sign the certificate of acceptance for the same; or 3. Provide staff with alternative direction. Respectfully submitted, tmothy R J na s n, P.E. Public Wor s Di for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Grant of Easement ATTACHMENT 1 tn Q Q coU�� �br�cRSTgrEcz OR n Z 42ND AVENUE z o FRED WARING DR MILES AVE 40TH AVENUE 1�R�Fk'AY SITE INDiO a� Lli Lj- w w VICINITY MAP N.T.S. 17)1 0 z 0 z 0 2 �43 ATTACHMENT 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta PO Box 1504 La Quinta, CA 92253 No Recording Fee Required Per Government Code Section 27383 FOR RECORDER'S USE ONLY GRANT OF EASEMENT DEED RW-D 2006-9065 FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, LENNAR HOMES OF CALIFORNIA, INC., a California Corporation (the Grantor), hereby GRANTS to CITY OF LA QUINTA, a California Municipal Corporation, (the Grantee), a perpetual easement for secondary entry sign purpose, in, on, under, across and through all that real property described per Exhibit "A" and as shown on Exhibit `B" attached hereto and made a part hereof. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permitees, licensees, agents or assigns of Grantor and Grantee. Executed this q day of 31,ji , 2006, at t m CITY SIGNATURE PRINTED NAME Its: V f TITLE OF EXECUTOR IF GRANTOR IS NOT A PERSON By: a SIGNATdRE REBEGCA M,4 ; DADX, PRINTED NAME Its: 66eleE g)� TITLE OF EXECUTOR IF GRAIATOR IS NOT A PERSON STATE 144 I:\2003\030309 grant of easement for gateway.doc STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) S.S. On J Uk , ` , JOQQ before me, 1C A o by-,)1 40yuA " i c., A Notary Fublic in and for said County and State, personally appeared (aoy A A14 bpr,-, "ia Maa am personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s).W/are subscribed to the within ` instrument and acknowledged to me that hb Ovithey executed the same in 1l&' er/their authorized capacity(ies), and that by hilAVA-/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature STATE OF CALIFORNIA COUNTY OF RIVERSIDE EGN before me, ) S.S. A Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature - - V. GocH Corrxtdssion #t 1560992 r Q1MVCMMEXPk%M0r1$.2W9f Notary PublIC - CaOtorrtla Rkvr*lo Canty (THIS AREA FOR OFFICIAL NOTARIAL SEAL) (THIS AREA FOR OFFICIAL NOTARIAL SEAL) 145 1:\2003\030309 grant of easement for gateway.doc EXHIBIT "A" In the City of La Quinta, County of Riverside, State of California, that portion of Lot "BB" of Tract No. 29323-1 as recorded in Map Book 334, Pages 25-34, as amended by instrument recorded October 7, 2004 as document numbers 2004-0796837 and 2.E4=2'00Lk 0796839 and situated in the southeast quarter of Section 17, Township 5 South, Range 7 East, S.B.M, and being more particularly described as follows: COMMENCING at the southeast corner of said Section 17 at the centerline intersection of Fred Waring Drive and Jefferson Street; THENCE, South 89' 32' 3 1 " West, along the centerline of said Fred Waring Drive and the southerly line of said Section 17, a distance of 99.73 feet; THENCE, North 00" 27' 29" West, a distance of 60.00 feet to a point in the southerly line of said Lot `BB", said point being the most southwesterly corner of a right-of-way dedication as described in instruments recorded October 7, 2004 as document numbers 2004-0796837and 2004-0796839, and being at the southwest comer of a cutback line at the intersection of the northerly right-of-way line of said Fred Waring Drive with the westerly right-of-way line of said Jefferson Street, said point being the POINT OF BEGINNING; THENCE, North 19014' 45" West, a distance of 16.70 feet; THENCE, North 44° 41' 53" East, a distance of 22.00 feet; THENCE, South 71' 21' 38" East, a distance of 16.70 feet to a point in said right-of-way dedication, and being at the northeast corner of a cutback line at intersection of the northerly right-of-way line of said Fred Waring Drive with the westerly right-of-way line of said Jefferson Street; THENCE, South 44' 41' 53" West, along said cutback line, a distance of 36.67 feet to the POINT OF BEGINNING. Said area contains 440 square feet of land, more or less. Exhibit `B" is hereby attached and a part hereof. Subject to existing easements and Rights -of -Way of record. H:\PROJ\2003\030309\Reports\030309 gateway esmt legal.doe flACKIR INGINEIRING, INC. CIVIL ENGINEERING ' - LAND SURVEYING - PLANNING 68487 Highway 111, Suite 43 Cathedral City, CA 92234 41e' > Phone: (760) 202-1800 Fax: (760) 202-8267 engineer@hackerengineering.com SCALE 1` 10' PROJECT: SHEET: CALC'D: W.O.: EXHIBIT nB n REMAINDER OF 20' LANDSCAPE EASEMENT PER M.B. J34125-34 S��13pb 16 CJJ E / 440 SF m a d N� 5 S, 89'32'31" W 1111.31'� i ram- �vvo SGgL 3�0 HAL' o K 2� o l xp. 7 �d z I I S 5AOF CAAYC- POINT OF BEGINNING a ESPLANADE TRACT NO. 29323-1 CITY OF LA QUINTA, CALIFORNIA 1 OF: ' 1 TCP CHK'D: JR 030309 DATE: 02114106 I i 1 I � N MO M II p ti o cr- M J N 89'51 '22" E (R) 74.00' R=3000.00' D=00"09'20° L=8.14' I W r\ r\ � 3 Z �o I 0 POINT OF Z COMMENCING S. E CORNER SECTION 17, T. 5 S., R. 7 E, S.B.B.M. S 89'32'31 " W 99.73' FRED WARING ME 1147 07112106 0JO309 gateway esmt.dwg T4hf 4 x4p Qu&rav COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32068, The Citrus, Pomelo Pacific, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: MT STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements (SIA) for Tract Map No. 32068, The Citrus, Pomelo Pacific, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map 32068 is located west of Jefferson Street and north of Avenue 52 (Attachment 1). This residential development will consist of 12 lots on approximately 12 acres (Attachment 2). On August 17, 2004, the City Council approved Tentative Tract Map 32068. 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 SIA (Attachment 3) has been executed by the developer 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. 148 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 (October 5, 2006), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and 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 Agreements for Tract Map No. 32068, The Citrus, Pomelo Pacific, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements for Tract Map No. 32068, The Citrus, Pomelo Pacific, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. as o , P.E. Public Works Dir or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 149 L .i 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. 32068, THE CITRUS, POMELO PACIFIC, LLC, 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 150 Resolution No. 2006- Tract Map No. 32068, The Citrus Adopted: September 5, 2006 Page 2 Section 1. The final map for Tract Map 32068 is conditionally approved provided the subdivider submits all required items on or before October 5, 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 October 5, 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 151 Resolution No. 2006- Tract Map No. 32068, The Citrus Adopted: September 5, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of September, 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: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California v .152 ATTACHMENT PROJECT CITr W I AVENUE 52 NOT TO SCALE VICINITY MAP 153 ATTACHMENT 2 IN THE CITY OF LA QUINT,16 COUNTY OF RIVERSIDE, STATE OF CAUFORNIA SHEET 1 OF 3 SHEETS TRACT N 0. 32068 ERDEWS THIS- S OF BEING A SUBDMSION OF A PORTION OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, AENT AI ISNTDAY T _OF MAPS.2006 CITY CLERK OF THEACI OF T THE REQUEST OUINTA THE RECORDS X RNERSIDE COUNTY, CALIFORNIA. NO. FEE MDS CONSULTING JANUARY, 2006 GARY W. DOKICH LS.4693 LARRY W. WARD, COUNTY RECORDER OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDMSION SHOWN HEREON: THAT WE ARE THE ONLY PERSONS WHOSE CONSENT 6 NECESSARY TO PASS A CLEAR TITLE TO SAID LAND, THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBOMSION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. WE HEREBY DEDICATE TO THE CITY OF LA INUINTA AN EASEMENT FOR PUBLIC UTILITIES AND FDR RIGHT OF INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES OVER THAT AREA DESIGNATED AS LOT B. THIS AREA 6 RETAINED AS A PRIVATE STREET AND FOR DRAINAGE PURPOSES, FOR OURSELVES, OUR SUCCESSORS, ASSIGNEES, AND LOT 3WNERS WITHIN THIS TRACT. WE HEREBY DEDICATE TO THE CITY OF LA a1UNIA PUBLIC UTILITY EASEMENTS AS SHOWN HEREON. WE HEREBY OFFER FOR DEDICATION TO THE COACHELLA VALLEY WATER DISTRICT, AN EASEMENA FOR DOMESTIC WATER PURPOSES OVER LOT A. CESIGNATED AS "ACCESS 1.0- AND EASEMENTS FOP. DOMESTIC WATER AND SANITATION PURPOSES OVER LOT B. DESIGNATED AS 'PRIVATE STREET. THE EASEMENTS SO DEDICATED INCLUDE THE RIGHT TO ENTER UPON SAID LANDS, TO SURVEY. CONSTRUCT, RECONSTRUCT, LAY, RELAY, MAINTAIN, OPERATE, CONTROL USE AND REMOVE PIPEUNES FIXTURES AND APPURTENANCES, AND TO RE -MOVE OBJECTS NTERFERINC WITH THE CONSTRUCTON, OPERATION AND MAINTENANCE THEREOF. WE HEREBY OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRCL AN EASEMENT OVER THE PRIVATE STREET SHOWN ON THIS MAP AND AN ADDITIONAL TEN (10) FEET IN WIDTH ON BOTH SIDES OF AND ADJACENT TO THE PRIVATE STREET SHOWN ON THIS MAP, FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, IEPAIR, REPLACEMENT, ANO REMOVAL OF ELECTRICAL LINES, WIRES, CARES, DUCTS, SUPPORTS, FI?TURES, FACILITIES AND APPURTENANCES, WITH THE RIGHT OF INGRES AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE, OPERATION AND EMERGENCY JEHICLES. WE HEREBY RESERVE LOT A FOR LANDSCAPNG, MAINTENANCE. RECREAIONAL, ACCESS AND PUBLIC UTILITY PURPOSES FOR THE SOLE BENEFIT 3F OURSELVES, OUR SUCCESSORS AND ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT. POMELO PACIFIC, LLC A CALIFORNU LIMITED LIABILITY COMPANY BY: TREVOR A MURPHY, MANAGING PARTNER NOTARY ACKNOWLED( STATE OF CALIFORNIA) SS COUNTY OF ON 2006, BEFORE 14E, A NOTARY PUBLIC, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON(5) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS//HIER/THER AUl10RIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE($) ON THE INSTRUMENT, THE PERSON(S), OR THE ENTITY UPON BEHALF CR WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS NY HAND: PLEASE PRINT NAME: COMMISSION NUMBER: MY COMMISSION EXPIRES: PRINCIPAL PLACE OF BUSINESS: _. _ COUNTY SIGNATURE ONSSIONS: THE SIGNATURE(S) OF THE PARTIES LISTED 3ELOW, OWNER(S) OF EASEJENTS PER DOCUMENTS NOTED BELOW HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 56436 SUBSECTION (a)(3)(A)CI) OF THE SUEDMSION MAP ACT, THEIR IITEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. EASEMENTS FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO DEDICATED, ACQUIRED, RESERVED OR EXECUTED FOR PUBLIC USE BY COACHELLA VALLEY WATER DISTRICT, FORMERLY COACHELLA VALLEY COUNTY WATER DISTRICT, IN FAVOR OF THE PUBLIC, FOR PUBLIC ROADS AND RIGHTS CF WAY, PRIVATE EASEMENTS AND RIGHTS OF WAY FOR ROAD5, PIPE LINES, DITCHES, AN) CONDUITS ON, OVER. UNDER OR ACROSS THE HEREIN DESCRIBED PROPERTY, EXISTING FOR THE PURPOSE OF INGRESS OR EGRESS FROM OVER LANDS BY MHOS OF SUCH ROADS AND FOR THE PURPOSE OF CONVEYING IRRGATIOG AND DOMESTIC WATER TO SUCH LANDS BY MEANS OF SUCH PIPE LINES, OIT:HES AND CONDUITS. EASEMENT FOR POLE LINES, IN FAVOR OF POUTHERN PACIFIC RAILROAC COMPANY, RECORDED MARCH 23. 1912, BOOK 347, P4E 127, OF DEEDS. EASEMENT FOR PIPE LINES, IN FAVOR OF TIE UNITED STATES OF AMEFICA, RECORDED DECEMBER 15. 1952, BOOK 1424, PAGE 200. OF OFFICIAL RECORDS. EASEMENT FOR WATER PIPE UNES, IN FAVO! OF THE UNITED STATES CF AMERICA. RECDRDED MAY 6, 1953, BOOK 1469, PAGE 52, OF OFFICIAL RECORDS EASEMENT FOR WATER PIPE LINES, IN FAVOt OF THE UNITED STATES OF AMERICA, RECORDED MAY 1, 1953, BOOK 1467, PAGE 439, OF OFFICIAL RECORD. EASEMENT FOR UNDERGROUND PIPE LINE, B. FAVOR OF COACHELLA VALLEY WATER DISTRICT, RECORDED AUGUST 23, 1990. AS INSTRUME4T NO. 313432, OF OFFCAL RECORDS. EASEMENT FOR UNDERGROUND PIPE LINE, iN FAVOR OF COACHELLA VALLEY WATER DISTRICT, RECORDED AUGUST 23, 1990, AS INSTRUMENT NO, 313432, OF OFFICIAL RECORDS. OIL, MINERALS, NATURAL GAS, AND OTHER FYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL RESOURCES, METALLIFEROUS OR OTHER ORES. AN3 ALL PRODUCTS DERIVED FROM ANY OT THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, AND ALL RIGHTS ASSOCIATED WITS THE FOREGOING, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXP-TILING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIPECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL OR GAS WILLS, TUNNELS AND SHAFT- INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR. LIMITS THEREOF, ANC TO REORILL, RETUNNEL. E)UIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL MINE, STORE, EXPLORE AN[ OPERATE THROUGH THE SJRFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED IN DEED TO KSL LAND CORPORATON, RECORDED RECORDED OCTOBER 21, 2004, INSTRLWE14T NO. 2004-0832582. OFFICIAL RECORDS. BY: DEPUTY SUBDIVISION GUARANTEE BY: FIDELITY NATIONAL TITLE INSURANCE COMPANY SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF POMELO PACIFIC, LLC, IN OCTOBER, 2004. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN ONE YEAR OF RECORDATION; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. DATE: , 2006 SILL LANgO,� �AvtiA W 'Y��'2 GARY W. DOKICH L.S. 4693 EXP. 9/30/07 CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT NO. 32D68 CONSISTING OF THREE (3) SHEETS AND I AM SATISFIED THAT SAID MAP 6 TECHNICALLY CORRECT. DATE: , 2DO6 ERIC A. NELSON P.L.S. 5563 EXP. 9/30/07 ACTING CITY SURVEYOR CRY ENGINEER'S STATEMENT I HEREBY STATE THAT 1 HAVE EXAMINED THE WITHIN ANNEXED MAP OF TRACT NO. 32068 CONSISTING OF THREE (3) SHEETS, THAT THE SUBDIVISION SHOWN HEREON IS SUBSTAN114LLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDMSIGN MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATNE MAP RAVE BEEN COMPLIED WITH. DATE: . 2006 TIMOTHY R. JONASSON, R.C.E. NO. 45843 FXP. 12/31/O6 PUBLIC WORKS DIRECTOR/CRY ENGINEER, CITY OF LA QUINTA CRY CLERK'S STATEMENT I, JUNE S. GREEK, CITY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE _ DAY OF , 2006, APPROVED THE WITHIN MAP OF TRACT MAP NO. 32068; AND ACCEPTED THE DEDICATION OF EASEMENTS FOR PUBLIC UTILITIES, INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES OVER LOT B (PRIVATE STREET), AND THE PUBLIC UTILITY EASEMENTS AS DEDICATED HEREON. PURSUANT TO SEC. 66799.20 1/2 OF THE SUBDIVISION MAP ACT, THE FILING OF THIS MAP SHALL CONSTITUTE ABANDONMENT OF .PORTIONS OF THE EASEMENTS WITHIN THIS SUBDIVISION BOUNDARY, FOR INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES PER TRACT NO. 24890-2, M.B. 244/92-100, RECORDS OF RIVERSIDE COUNTY, NOT SHOWN ON THIS MAP. JUNE S. GREEK DATED: CITY CLERK AND EX-OFFCCAO CLERK OF THE CITY COUNCIL CITY OF LA QUINTA CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY THAT UNDER THE AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS DF THE IMPERIAL IRRIGATION DISTRICT, PER RESOLUTION NO, 15-90, DATED MARCH 22. 1990. THAT I ACCEPT ON BEHALF OF SAID DISTRICT, ITS SUCCESSORS OR ASSIGNS, THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACILITIES AS OFFERED, HEREIN. DATED: BY: BRAD LUCKEY OPERATIONAL RESOURCES .IMPERIAL IRRIGATION DISTRICT CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY THAT UNDER AUTHORITY GRANTED TO ME BY RESOLUTION NO. 78-248. DATED SEPTEMBER 12, 1978, 1 ACCEPT ON BEHALF OF THE COACHELLA VALLEY WATER DISTRICT THE DEDICATION OF EASEMENTS FOR DOMESTIC WATER AND SANITATION PURPOSES AS OFFERED HEREON. JULIA HERNANDEZ, SECRETARY COACHELLA VALLEY WATER DISTRICT TAX COULECTOn CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN, BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE f . PAUL McDONNELL COUNTY TAX COLLECTOR TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF f HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT.YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATE CASH TAX BOND NANCY ROMERO PAUL McDONNELL CLERK OF THE BOARD OF SUPERVISORS COUNTY TAX COLLECTOR BY: DEPUTY BY: 154 IN THE CITY OF LA OUINTA, COUNTY OF RNERSIDE, STATE OF CMIFORNIA SHEET 2 OF 3 SHEETS TRACT NO. 32068 BEING A SUBDMSIGN OF A PORTION OF SECTION 5, TOWNSHP 6 SOUTH, RANGE 7 EAST, SAN BERNPRDINO MERIDIAN. RECORDS .OF RIVERSIDE COUNTY, CALIFORNIA. MDS CONSULTING AANUARY, 2006 GARY W. MICH L.S.4693 BENEFICIARY MKA REAL ESTATE OPPORTUNITY FUND 1, LLC A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED NOVEMBER 10, 2005 AS INSTRUMENT NO. 2005-0936175. OF OFFICIAL RECORDS. NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA) SS. COUNTY OF ) ON 2006. BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON(S) T@o WE THAT W/SE NAME(S) HE/fHEY EXECUTED E SUBSCRIBED TO THE WITHIN INSTRUMENT AND HE SAME IN HIS/HER/THEIR AUTHORIZED CAPACIFY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE S) ON THE INSTRUMENT, THE PERSON(S), OR THE ENTITY UPON BEHALF OR WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: PLEASE PRINT NAME COMMISSION NUMBER: _ MY COMMISSION EXPIRES: PRINCIPAL PLACE OF BUS COUNTY EASEMENTS I❑- INDICATES A 10.00 FOOT EASEMENT FOR PUKT BLN; TY PURPOSES DEDICATED TO IMPER IRRIGATION DISTRICT. ❑2 - EASEMENT TO C.V.W.D. FOR DOMESTIC WATER AND SANITATION PURPOSES AND TO THE CITY OF LA OUINTA FOR PUBLIC UTILITY PURPOSES, INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES. Q- INOICATFIS A 10.DO FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO CITY OFI LA OU94TA 6-19'31'29'<A-IT31'29'> R=200.DO' <R-200.00'> L=58.15' <L-68.15'> T-3141' Q=34.41'> FD. I' I.P. RUSH, TAGGED'LS. 469Y, PER AM MAP TRACT NO. N890-2. M.B. 244/9 -I00 3a AMENDING MAP -RACT NO,. 248DO-2 M.B. 244102 100 FD. WAIL A, TAG 'L.S;. 6_V. NO REF,. TAG ILLEGIBLE, SET TAG L.S. 4693 t SEARCHED, FD. NTG.� AMENDING MAP TFACT NO. 24800-2 US. 244/0,2=)D0 SEARCHED. FD. NTG. IN THE CITY OF IA QUINT& COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHOT 3 OF 3 SHEETS TRACT NO. 32068 BEING A SUBDIVISION OF A PORTION OF SECTION 5, I TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, RECORDS OF RIVERSIDE COUNTY. MJFORNLA, MDS CONSULTING dANUARY, 2006 GARY W. DOKICH LS.4693 TRACT NO. 20858-1 M.B. 306/8-20 TO. 1' I.P. FLUSH, TAGGED 'LS 469r, PER AMENDING MAP TRACT NO. 24B90-2, M.B. 244/92-100 /_ _Y _ _____SE--- FD. NTG.___ { MANDARINA °-° nPRNAIE STILEf) —'n c ly N 85544T 171.68 - 3 _ _ It 2' 1 .09' PIA N 895379'E I.50' ! 8g57'39'E. I.. 0" �___ 12 I i 2 I ; 3 10 IBi : 39 I 1 8 RAOOrw 1 I I N 3 1 6 fir: N 7J07 1 R n 17. lur w N rT 8 I SCALE 1'-60' 0 30 60 120 HIS 240 FU. 1- I.P., OPEN, FLUSH, SET TAG'LS. 4693', ACCEPTED AS CENTERLINE B.C. PER AMENDING.MAP TRACT NO. 24390-2. M.B. 244/92-100 6-4721'021 A=4721'02' _ — — — — — — DO 1" \ L=221.75')))j L=2T1.75' t 116.21') Il T-I16.21' FD. I' I.P. N 693- P .� 11^',jT• \ \ RAGGED 'L5. 469J' PER TRACT NO. 24890-1. NYjs �J19•s \/ M.B. 217/85-90 T, J• � •t' , <, TRACT NO. 24800-1 M.13.217/66-00 1 3 319' E 206.09' IQ 3'39 E 206.32' ' FO. Y I.P. FLUSH, �j y/ TAGGED'LS. 4695 PER 10 PARCEL 4 / '� M,ei1i%Rs 90 -1' '3T E 218.16' 2 153, f 93 11 44, 4 Sad /1�10 N 895J39' 169.32, Y 9,A, 9' r N 39S3'3E 179-v ' �h I 5 ^ ::�� 1 �� 7 6•' EXISTING EASEMENT NOTES: a �1R \ 93 j� PAO N 61'1T2YE 10.00' '7j, �' �A•,' " EASEMENT FOR UNDERGROUND PIPE LINE, IN FAVOR OF THE COACHEIU VALLEY WATER DISTRICT, RECORDED 8953'39' E 118.7T A t yp N 55512iW 2000, ,y /' ` AUGUST 23. 1990. AS INSTRUMENT NO. 313432, OF OFFICIAL RECORDS. Scr LASS q 8953'39' E I10.85' 1 t /'/ Rb/ N / s4j18- 12 i ''' PARCEL 3 6 v M3 g- of it, 7 ,' s•/ LLA. 2004-410 I — LOT A�dx 1 j�� lnst. No. Z004 CJ803270 0.038 AC. i 20' / (ACCESS LOT 31.01' 000 - -- ,��,/ ROC. 10-6-2004 I"- TRACT ND. 24800-1 M.B.217/85-00 N 895149' W 24.91' S{1RRVM'S NOTES <N N54'49' W 24.91'> 11fL�__ � 0 — INDICAT4 FOUND MONUMENTS AS NOTED. I \ CI — INDICATE¢ SET 1" I.P. TAGGED L.S. 4693, FLUSH UNLESS OTHERWISE NOTED r IRON PIPE TMIGEO L.S. 4693, RUSH; OR SPIKE k WASHER; OR TACK TAGGED I.S. 4693 N CONCRETE 10 BE SET AT Aljl LOT CORNERS; OR IF LOT CORNER FALLS ON FACE OF CURB, LEAD AND TACK TAGGED L.S. 493 N TOP OF LCIIRS ON A 0.25' OFFSEC, TO BE SET AT ALL FRONT L CORNERS, EXCEPT AT B.C.'S, E.C.S, t P.R.C.'S THAT A STREET WITCH ARE NOT LOT CORNERS MARK SIDE LOT LINES, AND TO BE SET AT ALL CENTERLINE TUMCTIONS, B.C.'S, E.C.'S AND ALL CTHER LTD4— POINTS OF CONTROL UNLESS OTHERWISE NO I, A-L MONUMENT• SHOWN 'SEW SHALL BE SET IA ACCORDANCWITH THE MONUMENTATION AGREEMENT FOf THIS MAP, UNLESS OTHERWISE NOTED. (J - INDICATES RECORD DATA PER TRACT NO. 24890-1 M.B. 217/d,5-90, UNLESS OTHERWISE NOTED. < >- INDICATES RECORD DATA PER AMENDING MAP TRACT NO. 24890-2 M.B. 244/912-100, UNLESS OTHERWISE NOTED, THIS TRACT MAP CONTAINS 12 NUMBERED LOTS AND 2 LETTERED LOIS. THIS TRACT MAP, CONTAINS 4.33 ACRES. BASIS OF BEARINGS TFE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLNE OF OANOARINA, AS SHOWN BY AMENDING MAP IF ACT NO. 24890-2. FILED N BOOK 244. PAGES 92-100 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. BEING NORTH 89'54'49' WEST. FD. NOTHING TO. 1' I.P. FLUSH, TAGGED'L.S. 4695, PER AMENDING MAP TRACT NO. 24890-2, M.B. 244/92-IOD ------------------- SEARCHED FD. NTC _{ MANDARINA -�—� — I09.68' 62.01T 8 __ 1SL ___,Z I_ S 8 DETAIL "A" GIs NOT TO SCALE I Y g <6-708'4Y> 6=708'47" <R-300.00'> R=30TT' <L-1134'> L=11.24 SEARCHED, TO. NOTHING FD. I' I.P., OPEN, FLUSH, SET TAG'LS. 4693r. ACCEPTED AS CENTERLINE B.C. PER AMENDING MAP TRACT NO. 24890-2, M.B. 244/92-100 �W ©� �Ma m 1,0r� ATTACHMENT 3 CITY OF LA QUWTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.32068 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between Pomelo Pacific, LLC, a California Limited Liability Company, 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. 32068 (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. Iwo TAProject Development DivisionlDevelopmenl Projects\AgreementslSIA\SIAs in Progross\Pomelo Pacific at Citrus TM 32068\ONSITE_SIA.doc B. Improvement security shall conform to 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 carry 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 J TAProject Development Division\Development Projects\Agreements\.SIA\SIAs in Progress\Pomelo Pacific at Citrus TM 32068\ONSITE_SIA.doc 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 fumished 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; 19 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Pomelo Pacific at Citrus TM 32068\ONSITE_SIA.doc 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 Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall fumish 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 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 160 TAProject Development Division\Development ProjectsWgreements\SIA\SIAs in Progress\Pomelo Pacific at Citrus TM 32068\ONSITE SIA.doc 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. 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. 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. TAProject Development Division\Development ProjectMAgreements\SIA\SIAs in Progress\Pomelo Pacific at Citrus TM 32088\ONSITE SIA.doc 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 ATTEST: City Clerk Subdivider Pomelo Pacific, LLC 24002 Via Fabricante Ste 222 Mission Viejo, CA 92691 Date Date Title: i 60 s By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Pomelo Pacific at Citrus TM 32068\ONSITE SIA.doc Exhibit A ON -SITE SECURITY - TRACT MAP NO. 32068 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 $ 90,500 $ On Site Street Improvements $ 45,579 $ - Sewer Improvements $ 38,730 $ - Water Improvements $ 39,500 $ - Cart Path - Perimeter Wall $ 128,905 $ - Dry Utilities $ 30,000 $ - Monumentation $ 5,500 $ - Totals $ 378,714 $ - Standard 10% Contingency $ 37,871 $ - Total Construction Cost $ 416,585 $ - Professional Fees, Design 10% $ 41,659 $ - Professional Fees, Const 10% $ 41,659 $ - Bond Amount $ 499,903 $ - 1 G 3 TADevelopment Services Division\Development Projects\Agreements\SIA\SIAs in Progress\Pomelo Pacific at Citrus TM 32068\ONSITE SIA.doc CALIFORNIA - •ACKNOWLEDGMENT � � i ^ /-`� /_` •/-`- .,.._...,.. ���.= ..� . �.�..�... �..�a ._ewe/�a�..�er�.•�c�`q��.•�.•.-.��• 2�'_e>C����\�.'._�.C. �.. ���...1�5�:!.^._: State of California ss. County of �, On JV tom. J�, ( dZ00 6 before me, :;;Im, , y't--- n y/. ,,14a IVrLhev P V8 L/ C., Date Name and Title of Officer (e.g., "Jane Doe, Notafry Public") personally appeared -, C-1- Ali a M UY Name(s) of Signer(s) ❑ personally known to me roved to me on the basis of sati actory evidence OFFAIA ICIAL SEAL s.: SMITA D. PARIKH NOTARY PUBLIC - CAUFORNIA 'H y COMMISSION # 1428446 ORANGE COUNTY My Commission Exp. July 30, 2W7 WITN and offi1. cial soll. \ I Place Notary Seal Above 1 �--� I ` Sign re of Notary Public to be the person(s) whose name i are subscribed t�fe within instrument and ack owledge¢�.tp me that h he/they executed the same in Sher/their authorized capacity(i ' and that by�i�'i her/their signature ) on the instrument the person ), or the entity upon behalf of which the person�s)j acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached DopumenX Title or Type of Document: 4 bI��GGjj V1 S �''U� Document Date: `� J (r�2 1,2I n 04 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER <:?<�✓c�✓s�✓s�✓tis�✓z�:�✓s�✓%�✓s�z�✓s�✓s�a�✓s�✓2�✓z�s�✓s�✓c�'s�✓s�✓a�s�✓s�✓c�✓i�✓s�✓z� ��✓z�✓:�:•:�✓s�t�✓:�✓s�%��✓",z�✓z�✓s�✓�✓:�i o 2004 ..•P.O. Box 2402 - Chatsworth, CA 91313-2402 Item No. 5907:00 -876-6827 164 4 4vQu&rw COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Approval of an Art Purchase Agreement with Vigall Art for the Design and Construction of the Arch Sculpture Addition RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Art Purchase Agreement (Attachment 1) in the amount of $9,000 with Vigall Art for the Design and Construction of a Gambel's Quail and Palm Trees for the City Logo Arch Sculpture. FISCAL IMPLICATIONS: Adequate funding is available in the Art in Public Places Program Account No. 270- 0000-451 .74-80. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 3, 2003, the City Council directed staff to have the arch sculpture painted the colors represented in the City's 20'h Anniversary lapel pin. The City Council also directed the Cultural Arts Commission to consider adding a Gambel's quail statue and ornamental palm tree to the arch sculpture to complete the art piece as a City logo. On July 10, 2003, the Cultural Arts Commission considered a Request for Proposals for the quail statue and possibly two artistically produced palm trees to be added to the arch sculpture. The Commission recommended, in addition to the Gambel's quail, two decorative palm trees be added to the arch sculpture along with the wording consistent with the City logo. On July 22, 2003, the City Council authorized staff to distribute a Request for Proposals (RFP) for Additions to the Arch Sculpture Artwork. After receiving no proposals, staff was directed by City Council to distribute another RFP. On July 21, 2006, two proposals were submitted. 165 On August 14, 2006, the Community Services Commission reviewed two proposals and presentations. The Commission was asked to make a recommendation for City Council consideration. The Commission's recommendation is to select the design proposed by Vigall-Art. This project consists of "La Quinta" lettering; "Gem of the Desert" lettering; two 7- foot palm trees; one 4-foot standing quail; one 4-foot flying quail; and five 2-foot walking quails (Attachment 2) to reflect the City's logo. The proposed cost of this project is $9,000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Art Purchase Agreement in the amount of $9,000 with Vigall Art for the Design and Construction of a Gambel's Quail and Palm Trees for the City Logo Arch Sculpture; or 2. Do not approve the Art Purchase Agreement in the amount of $9,000 with Vigall Art for the Design and Construction of a Gambel's Quail and Palm Trees for the City Logo Arch Sculpture; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton, Q&n Mmuni'ty Services Director Attachments: Approved for submission by: Thomas P. Genovese, City Manager 1. Art Purchase Agreement 2. Vigall Art Proposal 166 2 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this, by and among THE CITY OF LA QUINTA, a California municipal corporation (the "City") and Vigall Art (referred to as "Artist"). RECITALS A. The City Council is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the artist at the Fritz Burns Park Arch Sculpture (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the attached Scope of Design Build Services (Exhibit A) and the Schedule of Performance (Exhibit B), respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. The Artist shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Artist shall at all times maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork i1 6 7 located prior to installation. Where specifications require work to be specially tested or S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 3 approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Artist shall promptly notify the respective departments or official bodies when the artist's work is ready for inspection and the artist agrees, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished there under, and the same shall in no way affect or make void this Agreement. Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change there from is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The Artist shall notify the City in writing -when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location, which is designated in Exhibit E, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as maybe agreed between the City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The City shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City and Artist as soon as practicable following installation. c. Upon installation of the Artwork, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide the artist with reasonably specific written objections to the installed Artwor� or 1 cO notify the artist of its acceptance of the Artwork by a Notice of Completion in the form V O S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 4 attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the filing of the Notice of Completion. At that time, the ownership and responsibility for the Artwork will rest with the City of La Quinta. 1.7 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist during fabrication and installation, and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. 1.9 Payment: The artist shall be paid the compensation set forth in Exhibit C. The total compensation to be paid to the Artist shall not exceed $9,000 (Nine thousand dollars). ARTICLE II. TIME OF PERFORMANCE 2.1 Time. The Artist agrees to punctually and diligently perform all obligations under this Agreement. It is further understood and agreed that should the Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency, or makes an assignment, for benefit or creditors, without the City's prior written consent, or fails to make prompt payment to his material men and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City may, at its option, (1) after giving twenty-four (24) hours written notice to Artist and City as applicable, provide any such labor and materials as may be necessary ; or (2) terminate the Artist's right to proceed with the work and, in the event, the City, at its option, shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefore. In the event City provides labor and/or materials, as set forth in (1) above, or finishes the work, as set forth in (2) above, City may deduct the cost of such labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by the City is completely finished. At that time, if the unpaid balance of the amount to be paid to the Artist under tlirs 169 Agreement exceeds the expenses incurred by the City in providing labor and materials and/or in S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 1 5 finishing Artist's work, such excess shall be paid by the City to Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to City the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City as herein provided, either for furnishing materials, or for finishing the work, and any damages incurred by the City by reason of Artist's default, shall be chargeable to, and paid by Artist, aforesaid, to secure the payment thereof. If the City elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City for losses or damages resulting for the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City, after ten (10) days written notice to Artist, may without prejudice to any other remedy it may have make good such deficiencies. In the event the City makes good such deficiencies, it may deduct the cost thereof from the payment then or thereafter -due Artist. In addition to specific provisions of Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock- outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by City and Artist. ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City that the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City'? (J shall give notice to the Artist of any observed and claimed breach with reasonable promptness. S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 6 The Artist shall, at the request of the City and at no cost to the City cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City provided, however, that at such time as Final Acceptance by the City, the City alone may grant such approval. The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City shall contain a credit to the Artist and denote its location, provided that United States copyright law protects the Artwork and reasonable substantiation thereof is provided to the City. 5.3 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the site location, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, uppn the1 7 Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to 1 a breach of the representations and warranties set forth herein. S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 7 b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. All decisions regarding alterations to the Artwork are within the sole and absolute discretion of the City. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent.of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the California Art Preservation Act, as set forth in Section 987 of the California Civil Code and the Visual Artists Rights Act of 1990, as set forth in 17 United States Code Annotated, Section 106A, and the rights and protection afforded Artist there under, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code and under 17 United States Code Annotated, Section 106A, to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist shall notify the City of changes in address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venture, partner or an employee of the City. The Artist shall not: a. be supervised by any employee or official of the City; b. exercise supervision over any employee or official of the City; c. have authority to contract for or bind the City in any manner; or represent itself as an agent of the City; or otherwise be authorized to act for or on behalf of the City; d. has status as the City's employee or has any right to any benefits that the City grants 1 1 �� to its employees. S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City may, at either its option, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from the City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the City. In such event and upon Artist's written request, the City shall remove Artist's name from the Artwork. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated herein, none of the Artist and the City shall discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT This Agreement, and all of the exhibits attached hereto, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement.: The 1 payment or acceptance of fees for any period after a default shall not be deemed a waiver 1 of 73 any right or acceptance of defective performance. S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc Q ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California, which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees and expert witness fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: CITY: City of La Quinta Attn: Community Services Director P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7032 ARTIST: Vigall Art Attn: Ric Vigallon 63227 Golden Street Joshua Tree, CA 92252 (760) 365-1267 ARTICLE XVIII. INDEMNIFICATION Artist shall defend, indemnify and hold harmless 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, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Artist, its officers, employees representatives, and agents, which arise out of acts or activities of Artist or Artistl"74 Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by this Agreement, except to the extent of such loss as may be S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 10 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 attorneys' fees, incurred in defense of such Claims. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parities. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Artist, as applicable, shall not proceed with any work nor receive payment under this Agreement until, among other things; the City has received the appropriate insurance certificates. Artist, prior to completion, shall maintain or cause to be maintained standard all-risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insured as respective operations and activities Of, or on behalf of the named insured, performed under contract with the City of La Quinta." Prior to commencing any work under this Agreement, Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be the Artist's responsibility to see that the City receives documentation acceptable to the City, which sustains that the individual signing said endorsement is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option, terminate this Agreement. City's termination of the Agreement, however, is an alternative to other remedies the City may have, and is not the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. 175 S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 11 Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's, or Artist's respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement, which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Artist shall not offer any substitute in said proposal or if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one as shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. 176 S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written below. CITY: ATTEST: Deborah H. Powell, Interim City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ARTIST: Ric Vigallon Vigall Art CITY OF LA QUINTA, a California Municipal Corporation By: THOMAS P. GENOVESE, City Manager City of La Quinta, California Dated: Dated: Dated: 177 S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 13 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES SCOPE OF WORK 1. Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Artist is responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged to the Artist. 4. Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. Il. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this agreement. 2. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. 4. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall provide all specialty lighting required to complete the artwork. 178 7. Artist shall supply all landscaping required to complete the Artwork. S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 14 III. SPECIFIC ITEMS OF INCLUSION 1. The Artwork consists of designing, planning, estimating, professional services, permits, approvals, attendance at any and all meetings, and full construction of originally designed Gambel's Quails (one 4-foot standing; one 4-foot flying; five 2-foot walking) and Palm Trees (two 7-foot) to reflect the City's logo and fabricated from a material that is structurally sound and will withstand the outdoor elements with little maintenance and in scale with the arch sculpture. 179 S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 15 EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately _ days to complete the fabrication of the Artwork upon submission of the information from the City. Work will commence during the month of and be complete, installed and functioning by approximately , contingent upon submission of the information from the City. REVIEWS: There may be one review by the Community Services Commission of the work in progress if the Commission deems it necessary. The project may be reviewed by the City Council as deemed appropriate. I80 S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 16 EXHIBIT C SCHEDULE OF COMPENSATION PRICE: Total Not to Exceed SCHEDULE OF PAYMENTS: $9,000 First payment due upon execution of Art Purchase Agreement (50%) $4,500 Final payment due upon filing Notice of Completion (50%) $4,500 181 S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 17 EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: Arch Sculpture Addition WHEREAS, by that certain Art Purchase Agreement dated , 2006 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with Vigall Art (Artist) to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows:. 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the City has executed this certificate this day of , 2006. CITY OF LA QUINTA, a California Municipal Corporation By: 182 S:\CityMgr\STAFF REPORTS ONLY\9-5-06\C19 Arch Sculpture Agreement.doc 18 1C r � fi' ', bi x ag r 44 " -Z-P+ is 6 22 -,. „a , , . . 2!� , �- �� �.� .-� . 2 , � � :� � � � 6 � \ \.� . ^ \ � . » < { |� . k \, �." � � )}/� . ... � � � � » \ � ;\ � +\� \ } § y� t/° y� � � } \ \. \ .- •� . . � \\ � �:�. �� � � �( \\ � � �,� ƒ \ . a _� . . K> . � . / >k < . � \ ƒ//� . . � d li; \\ � J` «\``���� �\ƒ}\ sip t,� \\: KOS- T-af oF 4Q" COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Approval of an Agreement Between the County of Riverside Waste Management Department and the City of La Quinta for the Household Hazardous Waste Collection Programs at the La Quinta Corporate Yard and Authorize the City Manager to Execute the Agreement RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: /_� CONSENT CALENDAR: I STUDY SESSION: PUBLIC HEARING: Approve the Agreement (Attachment 1) between the City and the County of Riverside Waste Management Department to permit Household Hazardous Waste (HHW) Collection Programs at the La Quinta Corporate Yard and authorize the City Manager to sign the Agreement. FISCAL IMPLICATIONS: There are no direct costs involved with the Agreement. Costs for implementation of the program are budgeted in the AB 939 account. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has been holding the Household Hazardous Waste (HHW) Collection Program since 2000. Previously the program was administered through the Environmental Health Department. Earlier this year the HHW Program was transferred to the County Waste Management Department for administration. The current Agreement expired in June of this year and the County Waste Management Department is asking the City to enter into a new Agreement. The Agreement establishes the responsibilities of each party for the HHW Program in the attached Agreement under Sections 1, 2, and 3. The Agreement has been reviewed and approved by the City Attorney. The HHW Program provides the residents of La Quinta with the opportunity to dispose of household hazardous waste and has been very successful since its initiation. The next HHW date will be September 30th. A flyer advertising the event will be mailed to all postal patrons in early September. 197 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Agreement between the City and the County of Riverside Waste Management Department to permit Household Hazardous Waste (HHW) Collection Programs at the La Quinta Corporate Yard and authorize the City Manager to sign the Agreement; or 2. Do not approve the Agreement between the City and the County of Riverside Waste Management Department to permit Household Hazardous Waste (HHW) Collection Programs at the La Quinta Corporate Yard; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. Evans Community Development Director Approved for submission by: 0 Thomas P. Genovese, City Manager Attachment: 1. Agreement 198 ATTACHMENT 1 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 AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND CITY OF LA QUINTA HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made and entered into by and between the City of La Quinta, hereinafter called "CITY", and the County of Riverside, through its Waste Management Department, Planning and Recycling Division, hereinafter called "COUNTY". This Agreement establishes the responsibilities of each party concerning COUNTY'S Household Hazardous Waste (HHW) Collection Program for CITY. RECITALS WHEREAS, the CITY and COUNTY recognize that it is in the public interest to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in landfills; and, WHEREAS, the COUNTY has a well developed and established HHW Collection Program, for the purpose of diverting household hazardous waste; and, WHEREAS, the CITY has a site for a Temporary HHW Collection Event located on land owned by CITY at 78106 Francis Hack Lane, La Quinta, CA 92253 (designated as Fritz Burns Park Parking Lot), suitable for conducting HHW collection for the benefit of CITY and COUNTY citizens. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the Parties mutually agree as follows: 1. COUNTY'S DUTIES 1.1 The COUNTY agrees to provide and/or perform the following related to holding a HHW collection event: Agreement with City of La Quinta Household Hazardous Waste Collection Program PD #45921 1 L '� 199 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 1.1.1 Obtain and fund the services of a state certified, licensed, bonded and insured hazardous waste transportation and disposal company through the competitive bidding process, with all costs for disposal of waste, staffing, and implementation of the program remaining the responsibility of the COUNTY; 1.1.2 Provide liability coverage and indemnification to the extent specified in Section V. below, with insurance coverage provided through the COUNTY'S self- insurance program; 1.1.3 Determine that the hazardous waste disposal company contracted for the HHW Collection Event has obtained appropriate certificates of insurance that meet the criteria as established in the Code of Federal Regulations, Title 49, California Health and Safety Code, and for Workers' Compensation coverage; 1.1.4 Clean up any spills at the designated Event site associated with the HHW Collection Event, and upon completion of the Event, to clean up the designated site to the condition existing prior to the Event; 1.1.5 Ensure that no hazardous materials of any type will remain on site at the conclusion of the Event, and/or any household hazardous waste left at the site will be promptly removed upon prior arrangements by COUNTY with CITY; 1.1.6 Obtain all of the necessary permits and variances with the State of California, Environmental Protection Agency, Department of Toxic Substances Control and the County of Riverside, Community Health Agency, Department of Environmental Health, Certified Unified Program Agency known as the CUPA; 1.1.7 Ensure that staffing to assist in site security, the receiving, classifying, packaging, and manifesting of the household hazardous waste received will be 2 Agreement with City of La Quinta 200 Household Hazardous Waste Collection Program PD #45921 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 provided, either by the COUNTY or the contracted disposal company, with a representative from the COUNTY Waste Management Department supervising the activities at the HHW Collection Event; 1.1.8 Ensure that the contracted hazardous waste disposal company completes the off -site transportation and ultimate disposal of the hazardous waste, in accordance with State and Federal hazardous waste management and transportation laws; 1.1.9 Act as an independent contractor in the performance of its obligations hereunder, being subject to the control or direction of the CITY merely as to the result to be accomplished by the services hereunder, and not as to the means and methods for accomplishing the results. COUNTY assumes exclusively the responsibility for its acts, and the acts of its employees or agents as they relate to the services to be provided under this Agreement; COUNTY shall not be entitled to any benefits payable to employees of CITY, including CITY workers' compensation benefits, and hereby holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer - employee relationship exists by reason of this Agreement; 1.1.10 Provide regional advertising of HHW collection schedule and events. 2. CITY'S DUTIES 2.1 CITY agrees to provide a city -owned site, currently designated as 78106 Francis Hack Lane, La Quinta, CA 92253 (designated as Fritz Burns Park Parking Lot), satisfactory to the COUNTY and meets the following requirements: 2.1.1 Safety considerations; 2.1.2 Convenience to the public; 3 u_ 201 Agreement with City of La Quinta Household Hazardous Waste Collection Program PD #45921 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 2.1.3 Safe and convenient traffic flow; 2.1.4 Available work space for handling, packaging, and transportation of hazardous waste; 2.1.5 Concrete or asphalt work area; 2.1.6 Access to gates, water, electrical, and restroom facilities for the duration of the HHW Collection Event. 2.2 The CITY shall be responsible for the following activities: 2.2.1 Advertising of the household hazardous waste collection events through local news media, distribution of printed flyers and/or posters, and community service organizations at CITY expense; 2.2.2 May obtain the use of volunteers for specific tasks such as traffic control, handing out of flyers, surveys, etc. with any personnel within the Collection site subject to COUNTY approval. 3. JOINT PROVISIONS 3.1 The COUNTY and the CITY shall undertake joint responsibility for planning and coordination meetings with the City Manager's office, Waste Management Department, City Fire Department, and other departments or agency representatives, as necessary. 3.2 The hours of operation for the Collection Event(s) will be 9:00 a.m. to 2:00 p.m. on mutually agreed upon and scheduled days, and sufficiently in advance for Event arrangements to be made by both Parties. Agreement with City of La Quinta Household Hazardous Waste Collection Program PD #45921 4 202 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 4. HHW COLLECTION PROGRAM 4.1 The Household Hazardous Waste Collection Program event shall meet the following operations standards: 4.1.1 Traffic cones will beset up to control traffic through the collection facility; 4.1.2 All vehicles will have trunks open upon entering the restricted zone and occupant will participate in a survey to be designed for both CITY and COUNTY use. Only authorized and trained personnel will be allowed in the restricted waste handling areas. The restricted areas will include the following: 4.1.2.1 Vehicle unloading area; 4.1.2.2 Categorization and waste packaging area; 4.1.2.3 Area for processing "unknown" wastes to determine hazard I class. 4.1.3 The restricted areas (except the unloading area) will have at a minimum, a 6 mil layer of visquene to prevent contamination of the pavement or soil. Only authorized personnel will be allowed in the restricted area; 4.1.4 Trained contracted or COUNTY staff will segregate wastes according to hazard classification, package compatible materials into Federal Department of Transportation approved hazardous materials shipping containers and fill with inert, moisture absorbent, granular, packing material as appropriate. Each shipping container will be labeled and marked in accordance with State and Federal laws and regulations; 4.1.5 Shipping papers will consist of written Hazardous Waste Manifests and Bills of Lading according to the appropriate waste stream profile; Agreement with City of La Quinta Household Hazardous Waste Collection Program PD #45921 0 u 203 1 2' 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4.1.6 The COUNTY shall retain copies of each Hazardous Waste Manifests and/or Bill of Lading for a minimum of three years as prescribed by law; 4.1.7 All waste classification, packaging, labeling, marking, manifesting, and transportation, for recycling and disposal of hazardous waste shall be done in accordance with all applicable Federal and State Transportation laws and regulations pertaining to hazardous materials; 4.1.8 COUNTY will have the responsibility concerning the disposition of the hazardous waste collected from the HHW Collection Program, with concurrence of the contracted hazardous waste transportation and disposal company; 4.1.9 Reuse and recycling, rather than disposal, will be considered as the primary waste management method for material that can be reused or recycled in a timely and cost effective manner; 4.1.10 Treatment methods of detoxification and/or incineration will be considered before Class I landfill disposal; 4.1.11 All final recycling, treatment, and disposal facilities considered must be authorized and found without substantial violations by the appropriate State and/or Federal regulatory agencies and found without substantial violations; 4.1.12 Effort will be made to recycle water -based paint so that it can be utilized for graffiti abatement projects or other useful purposes; 4.1.13 COUNTY or contracted personnel will remain on -site until all hazardous waste is properly packaged, stowed and removed from the event site in secured trailers to prevent the potential for spills or release to the event site, unless prior arrangements are made with the CITY; Agreement with City of La Quinta Household Hazardous Waste Collection Program 204 PD #45921 V N 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 4.1.14 During the Event, the County of Riverside, Community Health Agency, Department of Environmental Health/County Fire Department Hazardous Materials Emergency Response Team will be on call; 4.1.15 The COUNTY requires that this program be open and available to any resident of COUNTY and that non -residentially generated waste is excluded from J acceptance; 4.1.16 The COUNTY will provide a report to the CITY that will quantify the amount and types of household hazardous waste collected at the planned Collection Event. 5. HOLD HARMLESS 5.1 CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (the "COUNTY'S Indemnified Parties") from any liability whatsoever, including but not limited to, property damage, bodily injury, or death, based or asserted upon any services of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement and CITY shall defend at its sole expense and pay all costs and fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or awards, on behalf of the COUNTY' S Indemnified Parties in any claim or action based upon such liability. 5.2 COUNTY shall indemnify and hold harmless the CITY, its officers, employees, subcontractors, agents or representatives (the "CITY' S Indemnified Parties") from any liability whatsoever, including but not limited to, property damage, ' bodily injury, or death, based or asserted upon any services of COUNTY, its Agencies, Districts, Special Districts and 7 Agreement with City of La Quinta V ;' 205 Household Hazardous Waste Collection Program PD #45921 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 Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives arising out of or in any way relating to this Agreement and COUNTY shall defend at its sole expense and pay all costs and fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or awards, on behalf of the CITY'S Indemnified Parties in any claim or action based upon such liability. 5.3 With respect to any action or claim subject to indemnification herein, the indemnifying party shall, at their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of the indemnified party; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes the indemnifying party's obligation to indemnify as set forth herein. 5.4 Indemnifying party's obligation hereunder shall be satisfied when they have provided the indemnified party the appropriate form of dismissal relieving the indemnified party from any liability for the action or claim involved. 5.5 In the event there is conflict between this clause and California Civil Code Section. 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the indemnifying party's obligation to provide indemnification to the fullest extent allowed by law. 5.6 The provisions of this section shall survive the term of this Agreement. 6. ADMINISTRATION 6.1 The COUNTY Waste Management Department General Manager -Chief Engineer (or designee) shall administer this Agreement on behalf of COUNTY. Agreement with City of La Quinta Household Hazardous Waste Collection Program PD #45921 s 206 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6.2 The CITY Manager, or designee shall administer this Agreement on behalf of CITY. 7. ALTERATION 7.1 No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. Only the County Board of Supervisors or County Purchasing Agent may authorize the alteration or revision of this Agreement. The parties expressly recognize that County personnel are without authorization to either change or waive any requirements of this Agreement. 8. TERM OF AGREEMENT 8.1 This Agreement shall be effective as of July 1, 2006, and continue in effect through June 30, 2007, unless terminated by either party, without cause, upon thirty (30) days written notice served on the other party. 9. ENTIRE AGREEMENT 9.1 This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements both oral and written. This Agreement may be amended in writing with the concurrence of both parties. Agreement with City of La Quinta 25 Household Hazardous Waste Collection Program PD #45921 E 207 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 IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this Agreement on the date written below. RECOMMENDED FOR APRPOVAL: Lesley B. Likins, Solid Waste Planning Manager Planning and Recycling Division CITY OF LA QUINTA :1 Title Date: Agreement with City of La Quinta Household Hazardous Waste Collection Program PD #45921 io Date: COUNTY OF RIVERSIDE By General Manager -Chief Engineer Waste Management Department Date: ceitvl 4 a4PQu&rw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 5, 2006 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution to Extend the CONSENT CALENDAR: Time for Completion of On -Site Improvements for a Period of One -Year for Tract Map No. 31874-2, STUDY SESSION: Carmela, Taylor -Woodrow, Inc. PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council to extend the time for completion of On -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one-year to September 20, 2007 for Tract Map No. 31874-2, Carmela, Taylor -Woodrow, Inc. FISCAL IMPLICATIONS: 1,11!87M CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Carmela (Tract Map No. 31874-2), is located south of Avenue 52, east of Monroe Street, and north of Avenue 54 (Attachment 1). On September 20, 2005, the City Council adopted a resolution granting conditional approval of the SIA for Carmela. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the. improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements." The City currently holds improvement securities for these improvements and could pursue them if City Council chose to exercise its right to have the improvements constructed by a third party. However, since the improvements in question are not critical at this time, staff does not recommend this course of action. In a letter received from the developer requested a time extension and provided the City with an anticipated completion date of September 20, 2007 for the remainder of the on -site improvements. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of on - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one-year to September 20, 2007 for Tract Map No. 31874-2, Carmela, Taylor -Woodrow, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of on -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one-year to September 20, 2007 for Tract Map No. 31874-2, Carmela, Taylor -Woodrow, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, CIL TjAothy R. Jon sso , E. Public Works Direct City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF ON - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE-YEAR FOR TRACT MAP NO. 31874-2, CARMELA, TAYLOR-WOODROW, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31874-2, Carmela, Taylor -Woodrow, Inc. on September 20, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 20, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on September 20, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. 2 11 Resolution No. 2006- On-site Improvements, Tract Map No. 31874-2, Carmela Adopted: September 5, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of September, 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 212 ATTACHMENT I Cie CL- c&'�t 4 4aQtliftrw COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of Off -Site Improvements for a Period of One -Year for Tract Map No., 31874-2, Carmela, Taylor -Woodrow, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I — STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of Off -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one-year to September 20, 2007 for Tract Map No. 31874-2, Carmela, Taylor -Woodrow, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Carmela (Tract Map No. 31874-2), is located south of Avenue 52, east of Monroe Street, and north of Avenue 54 (Attachment 1). On September 20, 2005, the City Council adopted a resolution granting conditional approval of the SIA for Carmela. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the 1 ,-14 Improvements. " However, since the improvements in question are not critical at this time, staff does not recommend this course of action. A letter received from the developer requested a time extension and provided the City with an anticipated completion date of September 20, 2007 for the remainder of the off -site improvements. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of off - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one-year to September 20, 2007 for Tract Map No. 31874-2, Carmela, Taylor -Woodrow, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of off -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one-year to September 20, 2007 for Tract Map No. 31874-2, Carmela, Taylor -Woodrow, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, w I-- A R imothy R on on, P.E. Public Works Di ctor/City Engineer Approved for submission by: r_�' Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 215 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF OFF - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE-YEAR FOR TRACT MAP NO. 31874-2, CARMELA, TAYLOR-WOODROW, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31874-2, Carmela, Taylor -Woodrow, Inc. on September 20, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 20, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on September 20, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. ��' Resolution No. 2006- Off-site Improvements, Tract Map No. 31874-2, Carmela Adopted: September 5, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of September, 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California �. 217 A'�TACHMENT 1 QI �C3 �1 �� 7 � � � L .�'.�,. v Q . �"'��, � • � � 1 V `�`-tt W -�-i/ 1J i Twy/ 4 642129ba AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 5, 2006 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution to Extend the CONSENT CALENDAR: Time for Completion of On -Site Improvements for a Period of One -Year for Tract Map No. 31874-1 , STUDY SESSION: Carmela, Taylor -Woodrow, Inc. PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council to extend the time for completion of On -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one-year to June 7, 2007 for Tract Map No. 31874-1, Carmela, Taylor - Woodrow, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Carmela (Tract Map No. 31874-1), is located south of Avenue 52, east of Monroe Street, and north of Avenue 54 (Attachment 1). On June 7, 2005, the City Council adopted a resolution granting conditional approval of the SIA for Carmela. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " The City currently holds improvement securities for these improvements and could pursue them if City Council chose to exercise its right to have the improvements constructed by a third party. However, since the improvements in question are not critical at this time, staff does not recommend this course of action. A letter received from the developer requested a time extension and provided the City with an anticipated completion date of June 7, 2007 for the remainder of the on -site improvements. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of on - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one-year to June 7, 2007 for Tract Map No. 31874- 1, Carmela, Taylor -Woodrow, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of on -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one-year to June 7, 2007 for Tract Map No. 31874-1, Carmela, Taylor -Woodrow, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, rj Timothy R. nas n, P.E. Public Works Dire for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF ON - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE-YEAR FOR TRACT MAP NO. 31874-1, CARMELA, TAYLOR-WOODROW, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (S►A) for Tract Map No. 31874-1, Carmela, Taylor -Woodrow, Inc. on June 7, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 7, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 7, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. Resolution No. 2006- On-Site Improvements, Tract Map No. 31874-1, Carmela Adopted: September 5, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of September 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California �' 222 ATTACHMENT 1 133211E NOS>l3Ir 133&S NOSIM U9 a w <04 z a � 1 Z w > �F- (I- cn 2�� U in 0 0 Z c&tit 4 44.4 Q"qfA.� COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of Off -Site Improvements for a Period of One -Year for Tract Map No. 31874-1, Carmela, Taylor -Woodrow, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: //— STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of Off -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one-year to June 7, 2007 for Tract Map No. 31874-1, Carmela, Taylor - Woodrow, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Carmela (Tract Map No. 31874-1), is located south of Avenue 52, east of Monroe Street, and north of Avenue 54 (Attachment 1). On June 7, 2005, the City Council adopted a resolution granting conditional approval of the SIA for Carmela. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the 224 Improvements. " The City currently holds improvement securities for these improvements and could pursue them if City Council chose to exercise its right to have the improvements constructed by a third party. However, since the improvements in question are not critical at this time, staff does not recommend this course of action. IA letter received from the developer requested a time extension and provided the City with an anticipated completion date of June 7, 2007 for the remainder of the off -site improvements. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of off - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one-year to June 7, 2007 for Tract Map No. 31874- 1, Carmela, Taylor -Woodrow, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of off -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one-year to June 7, 2007 for Tract Map No. 31874-1, Carmela, Taylor -Woodrow, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, T` othy J o nas , P.E. ublic Wo Dire r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF OFF - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE-YEAR FOR TRACT MAP NO. 31874-1, CARMELA, TAYLOR-WOODROW, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31874-1, Carmela, Taylor -Woodrow, Inc. on June 7, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 7, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 7, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. 226 Resolution No. 2006- Off-Site Improvements, Tract Map No. 31874-1, Carmela Adopted: September 5, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 51h day of September, 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 227 ATTACHMENT P-� F-1 z rH1 V MHO r W F- U) a, 4 a4a 49&r45u C�hl OF COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Adoption of a Resolution Granting Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31249, The Village at Coral Mountain, Adobe Holdings, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /01 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31249, The Village at Coral Mountain, Adobe Holdings, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31249 is generally located south of Avenue 58 and west of Coral Mountain Court (see Attachment 1). This residential development will consist of 85 numbered lots on approximately 33.2 acres (see Attachment 2). On September 16, 2003, the Council approved Tentative Tract 31249. On February 1, 2005, the Council approved Tentative Tract 31249 Amendment #1. The developer has requested the City Council's approval of the Final Map. To date, the SIA (Attachment 3) has been executed by the developer and the associated securities have been submitted to the City. The Final Map is technically complete and is with the City. As a result, City staff has prepared the attached Resolution which provides for approval of the Final Map and SIA. The approval is contingent upon a Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk). The City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31249, The Village at Coral Mountain, Adobe Holdings, Inc.; or 2 Do not adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31249, The Village at Coral Mountain, Adobe Holdings, Inc.; or 3 Provide staff with alternative direction. Respectfully submitted, othy R. o sso P.E. Public Work irect / City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 230 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING FINAL MAP APPROVAL OF TRACT MAP NO. 31249, THE VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. 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. 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 31249 is conditionally approved provided the subdivider submits all required items on or before October 5, 2006. C. - 2 31 Resolution No. 2006- Tract Map No. 31249, The Village at Coral Mountain Adopted: September 5, 2006 Page 2 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 October 5, 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 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of September, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Resolution No. 2006- Tract Map No. 31249, The Village at Coral Mountain Adopted: September 5, 2006 Page 3 ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4.j ��FORMA Qv►�A. 1N VIE OF � oft 3 2 't S8M S R� of. ■ a SE c%* N z o a - ti - W 504 ANUS q _ Z ' tta Q �RPOR-� gLVO AVE) SITE - "A�vE- t5 5. vic, d ATTACHMENT 2 NNby itt0\, Yi4_ p b �, ril ♦p 8� @ s tat NJ six, r� lion al. 1%p h ba EIJI ` g le @kk h @ 3 I @ _ a . . ill b$a�� ��� Sep cq will Rt b..% o Ill h I 11§4 $ s ; Fit b � I g i iz yea lit 1@ 1-It It 0it q x Ivytill I b; � �. d, IRk 1,111111 41 1 el 1 14 11141 1 tj I I N g t ell, Zb iz;! x 9 xI Ib}alp J h g� flit flit lit .}k k �$�ji. a s $ e e + zal I lit rye @i p R Y q e lit xsx fi lip '�mfl III # > k > $ '11 235 Ixw �a�a n s i 3 Lk 14 'lit S7- g vat ag GG x Y � w "ice ci ti 2�� O a z �'•' a g a a g a:k t o k atp i2 16 it �Ig St n x $ z`a ��� 1, < e. a }[ �€ z � a , a - 'nth al x ila Q 'ta xi 8 `l 2 i4 r$¢i o LLJ Syr 4 Zit --$ •� ; us =a $d ` 1 1\ gtp y 1 g i t t 'ry } ~tea - 1 LODM y Via l �Ar�u i Wd yw yy.'WL'R'7 237 ,rc,wrr Ksr.srmn is .r ww a.rn+n '— tssso,IWO ,mcf § o+�gait \ . b tw'Lip •+a y >d� 1 p'Y l MI I' w MZ 12/.fl• A� A r.R.t. . .o; l \ R? IJRi 11cf n, ,r �a! liJ AL 5 ! �>i ► over, _ sly; =¢ s r Y bre w: 5 51.T�' milr A \\�Y.� \ \ s • 3 a � g s s _ .lrYrl�Y 238, ,lmll Lgl.gsp -' -: 239 CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31249 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPRO EMENT AGREEMENT (the "A reement") is made and entered into this day of �rBR dA , 20 by and between ADOBE HOLDINGS, Inc a CALIFORNIA tORPORATION hereinafter referred to as "Subdivider," and the City of La Quintal, 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. 31249 (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 attorneys fees, incurred by City in successfully enforcing the obligations thereby A O secured. 1, TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\OFFSITE_SIA.doc B. Improvement security shall conform to 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 carry 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 7 t 1. submitted and for substitution of securities but shall not be required for submittal of warranty 'r 1 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnl TM 31249\OFFSITE_SIA.doc 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 3.13., 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 r� acceptance or approval by the City Council of all Tract Improvements. However, if at the end 2 4 1 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 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\OFFSITE_SIA.doc 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 requirel"� by this Agreement or the Conditions of Approval, and any required construction quality documl6ritatioa.. J not previously submitted. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\OFFSITE_SIA.doc 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. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the 244 heirs, executors, administrators, assigns, and successors of the parties hereto. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\OFFSITE_SIA.doc 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 78495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Subdivider Adobe Holdings, Inc. P.O. Box 1396 ta, CA 92247-1396 By. a ' ood Q Date Title: (T ill O QN /� u/ i✓� r By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 2 45 TAProjecl Development Division\Development ProjecMAgreemenls\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\01`17SITE_SIA.doc Exhibit A OFF -SITE SECURITY — TRACT MAP NO.31249 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 $ 156,467 $ 156,467 Storm Drain $ 3,780 $ 3,780 8ft Meandering Sidewalk $ 13,374 $ 13,374 Totals $ 173,621 $ 173,621 Standard 10% Contingency $ 17,362 $ 17,362 Total Construction Cost $ 190,983 $ 190,983 Professional Fees, Design 10% $ 19,098 $ 19,098 Professional Fees, Const 10% $ 19,098 $ 19,098 Bond Amount $ 229,179 $ 229,179 246 TADevelopment Services Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\OFFSITE_SIA.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of VexSik ss. r Date personally appeared _ .1 ` ap)4before me, JAY L 1(AI�NER Conwnkdon # 1amm Mr Comm Eyiu JAW 26. 2=; la-w-wq- — — - Name and Tille of Officer (e.g., "Jane Doe, Notary Public") i PPS Name(s) of Signer(s) ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person whose name, subscribed to th*that trument and acknowledged to mftply executed the same in thorized capacityj, an hi tug signaturev on the instrument the personv, or the entity upon behalf of which the personof acted, executed the instrument. NES my rarAqtd,p"fficial seal. SidnatureleNotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. h�_s Description of Attached Document/!/M Title or Type of Document: &/dbl%IS/DA1 (�7/�D�E� i T � t�3T Document Date:/ �'7 / Q to Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimedby Signer Signer's Name: ❑ IndividualT mb here XCorporate Officer — Title(s): A�� ❑ Partner — ❑ Limited ❑ General'.,,.; 1 r . ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: �* Signer Is Representing: O 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-60D-676-6627 i v .. 4147 C[TY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31249 ON -SITE IMPROVEMENTS THIS SUBDIVISIOI`j IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this tA day of ✓ , 20 by and between ADOBE HOLDINGS, 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. 31249 (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 t reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SW.doc 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 carry 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 . �J 9 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 TAProject Development Division\Development Projects\Agreements\SlA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SIA.doc 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 3.6., 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. J 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 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 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SIA.doc 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 Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish 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, appr6..val 2: 1 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. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\01NISITE_SIA.doc 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. 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. TAProject Development Division\Development ProjecWAgreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SIA.doc 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 Local Address Adobe Holdings, Inc. P.O. Box 1396 Lg.QttiRta, CA 92247-1396 a '1o,o By: - � Q Date 04 Title: 0 (mac S i O4 A toj (vQ r By: Date Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SIA.doc Exhibit A SECURITY — TRACT MAP NO. 31249 ON -SITE IMPROVEMENTS Improvements designated as Participatoryhave 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 Grading (Rough Grading Bond Posted) Street Storm Drain Domestic Water Sewer System Signing and Striping Dry Utilities Monumentation Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials $ 90,465 $ _ $ 620,620 $ - $ 113,550 $ - $ 362,256 $ - $ 142,276 $ - $ 5,350 $ - $ 127,500 $ - $ 16,000 $ - $ 1,478,017 $ - $ 147,802 $ - $ 1,625,819 $ - $ 162,582 $ - $ 162,582 $ - $ 1,950,983 $ - TADevelopment Services Division\Development Projects\Agreements\SIA\SIAs in Progress\The Village at Coral Mnt TM 31249\ONSITE_SIA.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Nss. County of On before me, Date personally appeared CXI—E JAY L KANNER CanVnbdon #►1503792 Notary P11bAC - Callomio OERkwdds County Ur Coawn. EXPMW JW 26. and Title of Officer (e.g., 'Jane Doe, Notary Public's // C_ Names) of Signer(.) ❑ ersonally known to me proved to me on the basis of satisfactory evidence to be the person whose namev subscribed to the witP4,� ' instrument and acknowledged to met executed the same in i /t# r thonzed capacity apacit . and that by their signature ) on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. NES my Vnd o ' iIseal. e Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. M. Description of Attached Title or Type of ument ✓S14AJ Document Date: o� Signer(s) Other Than Named Above: _ U Number of Pages: I Capacity(ies) Claime by Signer Signer's Name: ❑ Individual 'Corporate Officer — Title(s): / ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: VICUPLIA Top of thumb here r M 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-676-6827 COUNCIL/RDA MEETING DATE: September 5, 2006 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed By CONSENT CALENDAR: 1.3 Time Warner Cable: Date of Loss: January 17, 2006 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Time Warner Cable, with a reported date of loss of January 17, 2006. FISCAL IMPLICATIONS: The total amount of the claim was $16,668.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Time Warner Cable with a reported date of loss of January 17, 2006 (Attachment1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Deny the Claim for Damages filed by Time Warner Cable with a reported date of loss of January 17, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Time Warner Cable, Claim for Damages uc/ uo/ cuuu m 14.,al VU IOU III I1U I Ld 4U1fil,d, uty uerx j. ATTACHMENT 1 FILE WrrH' CLAIM FOR DAMAGES RESERVE FOR FLUNG STAMP CITY CLERK'S OFFICE Cityof La Qt"nta TO PERSON OR PROPERTY �F n P.O. Box 1504 La Quanta, CA 9M 23 Phi 131 INSTRUCTIONS . 1. Claims for death, injury to person or 4o, personal property must be tiled trot later tm six nronlhs after C I T 0 F LA QUINT A the occurrence. (Gov. Code § 9112.) C ! - i 2_ Clalms for damages to reel property must be tiled not later than 1 year after the oocammnce. (Cow ! . C K' S OFFICE Code 19112.) 3. Read entire claim form before filing. 4.. See page 2 for diagram won which to locate place of eaident 5. This dawn form must be signed on page 2 at bollo n 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: (Name of Gly] L � Date of Birth of Ct9nartt 142T�o Clamant Of Ciaimant Home Address of Claimant City and State Home Telephone of Claimant Business Address of Claimant City and State gusiness Telephone of Clabwnt Give address and 6s[e0ione muTi er to which you desire notices gr oa mmicatiioas to be sets Claimants Social Security No- regardrlg claim: 5,ptME When did DAMAGE or INJURY cocurt Names of any cltX employees involved in IWIJRY or DAMAGE Date. / 7 3 —,*,rJ © Q, Time: i 30 P M If Clam is for Equitable. Indemnify, give date claimarit served with are ant Date: Where did DAMAGE or INJURY occur? Describe W. and bate on diagram on reverse side of this sheet. Where anoroodate. aive street names and address and measuremenis from landmarks: D=ibe in Bela' ow the DAMAGE or INJURY ocarrred. 5r-twe-k IZ tit-sw� z Cai� vMv 4'9vw� �d` � Lti 1�2 LE �—w r✓ (JEI�r ' wA-3 Q rr •Z.Tiyfi�`T ,Wt.N D 1't " oA.)'i-C) �-vc vim' �c'r�o ��ck r?�sz•�G- �—w� �� � 1Zoc.c_ov�iz— �� �rDE s r7t -kj�;:- &+�;1, C er- C QCOo Why do you claim the city is responsible? Describe in detail each INJURY or DAMAGE '46-ro5 . SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE r Uc/ Uai cUV0 rtu 14: al rAA l0U fit t 1U ( La 4UInLa. MY UIM guuz/uuz S The amount claimed, as of the dale of presentation of this claim, is computed as folim Damages insured to dale (exact?: Estimated prospective damages as far as (mown: 'n Damage to property ..................... $ .- 64 S•.03' Future expenses for medical and hospital care .S irt� k�� Expenses for medical and hospital care ..... $ , Future loss of eamings ....................$ Loss of eamings .............. �.......... $ — Ota prospective special damages ..........$ Special damages for ...................... $ Proslxdve general dams Total estimated prospective damages .......$ General damages ....................... $ Total damages incurred to data .......... $ o �LNCr 12k CoMp�= Total amount claimed as of date of presentation of this claim: 9136s-7 y46q Was damage and/or Wry' investigated by police? , C� ff so, what city? :V-v Dz0 &A - Were paramedics or ambulance called? lFso, name City ambulance Armor ,4i LN 1� If injured, state date, lime, name and address of doctor of your initial visit��� ?LEToLcv��4 L WS�i.c:4-L C.���r2. N b Z30 aim WITNESSES b DAMAGE or INJURY: Last all persons and addresses of persons known to have information: Name Addren. phone Name Address phone Name Address Phone DOCTOR AND HOSPITALS: Hospital PC-r Rfb�.yPrl Address i/,5a N.7NAZP" e, •� oA)/� �f Phone 3?3 — 62SS-/ Doctor E---Srw tloweyz Address "82-Z Phone 77 7 - _ 7 70 Doctor Address Pirrone READ CAREFULLY .For ai woldentdaim place on t kwing dmagram name of saeels, kKkAv Nork ' accident by Wr and location of ywall'or your yeNcle at the time of the acddent East, South; are web# indicate OM of ac idu t by Ir end by showing house by S-1- and the point of impact by V rrs,mbers or distances a r comers. fi CRy vehicle was hvaived, designate by idter'A' location of ClyVehkde when you first saw R and by V baton of youtsett NOTE; fdmapmams below do tat# t m.smbrabm attach hereto a proper d'iagmam or your veticte when you first saw Oi Vehicle; beadon of Oly vehicle at time of signed by daimant. �( CURB PARKWAY ' `. SIDEWALK\ signature of CWperson ffing on his behalf ' ' tdtatiorrstup Typed Name: /� � 1 2 , Date: MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. N; 04 ii.► �.p � � OF Tt� COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Denial of Claim for Damages Filed By Alfonso Pena: Date of Loss: January 17, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ' STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Alfonso Pena, with a reported date of loss of January 17, 2006. FISCAL IMPLICATIONS: The total of the claim was for an unspecified amount. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Alfonso Pena with a reported date of loss of January 17, 2006 (Attachment1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 260 1 . Deny the Claim for Damages filed by Alfonso Pena with a reported date of loss of January 17, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Alfonso Pena, Claim for Damages 261 ATTACHMENT 1 FILE WITH: CLAIM FOR DAMAGES ci i v CLERK S OFFICE City of La Quinta TO PERSON OR PROPERTY CLAIM NO. E C P.O. Box 1504 R La Quinta, CA 92253 06 �I!N 29 PM 11 INSTRUCTIONS . 1. Claims for death, injury to person or to personal property must be filed not later than six months after U, O U I14TA the occurrence. (Gov. Code § 9112.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. CITY OF CLERK'S OFFICE Code § 9112.)' CITY 3. Read entire claim form before tiling. 4. See page 2 for diagram upon which to locate place of accident 5. This claim form inust be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: [Name of City] Date of Birth of Claimant City Of La Quinta 8-26-82 Name of Claimant Occupation of Claimant Alfonso Pena Field Service Tech. Home Address of Claimant City and State home Telephone of Claimant 80000 Ave 48, S .276 Indio Ca 92201 760-238-4045 Business Address of Claimant 417 25 Cook S treetQity and State Business Telephone of Claimant Time Warner Cable, Palm Desert; Ca 92.260 760-340-2225 Give address and telephone number to which you desire notices or communications to be sent Clai manrs Social Security No regardingdaim: Law Offices of Larry H. Parker, 8007333-000 547-73-1704 350 San Antonio Drive Lon Beach, Ca 90807 When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE: Date: 1—i7-06 Time:12_27_pm James Straight (760) 777-7052 If Claim is for Equitable Indemnity, give date 53725 Avenue Ramirez daimant served with the complaint La Quinta, CA 92253 Date: where did DAMAGE or INJURY occur? Describe fu§v. and locate on diagram on reverse side of this sheet. Where appropriate, give street names .and address and measurements from landmarks: Collison occurred on Jefferson St. 700 feet North of Avenue 48. City of Indio, County of Riverside. Describe in detail how the DAMAGE or INJURY occurred. Claimant travelling on Jefferson in the northbound number three lane, began to slow and make a right turn to eastbound west enterance of 80000 Avenue 48, when claimant was struck in the rear of his vehicle by James Straight. Why do you daim the city is responsible? James Straight was operating a 1999 Freight Li Tr White, Plate #: E029138/ca owned by the City of La Quinta. Describe in detail each INJURY or DAMAGE Claimantsufferedtrauma to head, face, neck, abdomen, back, and experiencing blured vision. tir)1 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ..................... $ Future expenses for medical and hospital care .$ Expenses for medical and hospital care ..... $ Future loss of earnings ....................$ Loss of earnings .......... ...... $ Other prospective special damages ..........$ Special damages for ..................... $ Prospective general damages ..............$ General damages .................... $ Total estimated prospective damages .......$ Total damages incurred to date .......... $ Amount claimed is within the Total amount daimed as of date of presentation of this daim: $ jurisdictional limits of the Superior Court. Was damage and/or injury investigated by police? Ye s If so, what city?C i ty Of Indio Were paramedics or ambulance called? Yes If so, name city or ambulance .CDF If injured, state date, time, name and address of doctor of your initial visitDe sert Hospital, 1150 N . Indian Canyon Palm Springs, Ca 92262 (619)323-6511, 1-17-06 at 12:30pm WITNESSES to DAMAGE or INJURY. List all persons and addresses of persons known b have information: -------- Name Address Phone Name Address Phone Name Address Phone DOCTOR AND HOSPITALS: Hospital Desert Hospital Address1150 N. Indian C n PS,CA9226p�wm 619-323-6511 Doctor Eisenhower Imm Cre Address7882.2 Hwy111,La QuntaCA Phone760-564-7000 Doctor Wallace Wheeler, MD Address81709 Dtr Cameron Bl.Ind,CA Phone760-347-2381 READ CAREFULLY For at accident claims place on following diagram name of streets, including North, accident by'A-1' and location of yourself or your vehicle at the time of the accident East, South, And. West indicate place of accident by and by showing house by1B-1' and the point of impact by'X' numbers or distances to street comers. If City Vehicle was involved, designate by WW N location of City Vehicle when you first saw it, and by "B" location of yourself NOTE: Idiagams below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time of signed by claimant CURB !� on IDEWALK Stevan B. Wolter Attornev_„at . Law CURB NOTE: CLAIMS MUST BE WITH CITY CLERK(Gov. Code § 915# Presen, on of a false d im is a Code § 72.) OF COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Denial of Claim for Damages Filed By Martha Hernandez: Date of Loss: January 17, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 140 STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Martha Hernandez, with a reported date of loss of January 17, 2006. FISCAL IMPLICATIONS: The total amount of the claim was $976.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Martha Hernandez with a reported date of loss of January 17, 2006 (Attachment1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Deny the Claim for Damages filed by Martha Hernandez with a reported date of loss of January 17, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Martha Hernandez, Claim for Damages FILE WITH: CITY CLERK'S OFFICE CLAIM FOR DAMAGES ATTACHMENT 1 City of La Quinta TO PERSON OR PROPERTY CLAIM NO. P.O. Box 1504 La Quinta, CA 92253 RECEIVED INSTRUCTIONS . 1. Claims for death, injury to person or to personal property must be filed not later than six months after 20 6 f"IR R 15 PM 12 16 the occurrence. (Gov. Code § 9112.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. CITY OF LA QUINTA Code §911.2.) 3. Read entire claim form before filing. I T Y CLERK'S OFFICE 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, 9 necessary, to give full details. SIGN EACH SHEET. TO: [Name of City] Date of Birth of imanty Name of Claimant Occupation of Claimant Home Address of Claimant City State S/- 8 75 Y. 40me Telephone of Claimant Z.744 394 - q7 7 Business Address of Clai nt City and State $1-'7I 42• exi. usiness Telephone of Claimant -7&0 34-7-7/ 4 Cv Give address and telephone number to which you desire notices or communications to be sent imanYs Social Security No.: regarding claim: E or INJURY occur? When did7Euilable Names of any city employees involved in INJURY or DAMAGE: Date: / Tune: 6 : D D ?/M If Claim is foIndemnity, give date daimant served with the complaint Date: Where did DAMAGE or INJURY occur? Describe fully. and locate on diagram on reverse side of this sheet. Where appropriate, give street names and address and measurements from landmarks: i Describe in detail how the DAMAGE or INJURY occurred. pu az�✓���� �L,O� ` - 6F wjo-�. Rom, Jay 41 Why do you claim the city is responsible? JZA-4_ Describe in detail each INJURY or DAMAGE 't4%f— -1� #,,a Imo dAAJ - r6 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: zZ Damage to property ..................... $ 74O- -" Future expenses for medical and hospital care Expenses for medical and hospital care ..... $ Future loss of earnings .................... $Q- Loss of earnings ........................ $ Other prospective special damages ..........$ Special damages for ..................... $ Prospective general damages ..............$ Total estimated prospective damages .......$ General damages ....................... $ Total damages incurred to date .......... $ Total amount claimed as of date of presentation of this claim: $ Was damage and/or injury investigated by police? If so, what city?.�i0. [ /� Were paramedics or ambulance called? - If so, name city or ambulance -m-4 Put - If injured, state date, time, name and address of doctor of your initial visit 'ems... WITNES ES to DAMAGE or INJURY: List all persons and addresses of persons known to have in tlon: Name Address 8t•4 S Ii1 1(riur n. L• . Phone 395-�`�77 'f ``�° Name dress • S r*n* w.) L • Phone " r r ► t Name Address one DOCTOR AND HOSPITALS: Hospital Address Phone Doctor Address Phone Doctor Address Phone READ CAREFULLY For all accident claims place on following diagram name of streets, indWing North, aoadent by 'AA' and location of yourself or your vehicle at the time of the accident East, South, And West; indicate place of accident by X and by showing house by'B-1" and the point of impact by `x." numbers or distances to street comers. 9 City Vehicle was involved, designate by letler "A location of City Vehicle when you first saw it, and by V location of yourself NOTE: I diagrams below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehide; location of City vehicle at time of signed by claimant. CURB 77 or person ukng on to SIDEWALK PARKWAY SIDEWALK rtha, CURB --� ljg! 2000 NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Go ode § 915a.) Presentation of a false claim is a felony (Pen. Code § 72) '� LOU c'� 5 OFOti COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Denial of Claim for Damages Filed By Tracey Essary: Date of Loss: May 25, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Tracey Essary, with a reported date of loss of May 25, 2006. FISCAL IMPLICATIONS: The total amount of the claim was $371.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Tracey Essary with a reported date of loss of May 25, 2006 (Attachment1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Deny the Claim for Damages filed by Tracey Essary with a reported date of loss of May 25, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Tracey Essary, Claim for Damages FILE WITH: CLAIM FOR DAMAGES ATTACHMENT 1 v11 1 VLL1\I\ J VI 1-IVC City of La Quinta TO PERSON OR PROPERTY P.O. Box1504 CLAIM NO. RECEIVED La Quinta, CA 92253 6 0 30 Pal 12 58 INSTRUCTIONS 2 1. Claims for death, injury to person or to personal property must be filed not later than sic months after the occurrence. (Gov. Code § 9112.) CITY OF LA Q U I N TA 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code § 9112.) I T Y CLERK'S OFFICE 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, 9 necessary, to give full details. SIGN EACH SHEET. � .. T0: [Name of City] ; � Date of ® � � / r'i Name of Caima �a� tion of Claimant G.cah anhwi4e) Ho Address of Clairnan� 0 c�, and State `5 IT, S a GwUui C+ Hone elepbone of Claimant: C -71�0> -7-7 Business Address of Claimant: City and State Business Telephone of Claimant: fro oa-day Give address and telephone number io v�hk you desire polices or communications to be sent regarding claim: 5-006S Ur S �o►R rk-te— Claimant's Social Security No.: Qui ✓tit Ch 153 When did AMAGE r INJURY occur? Date: 05-05 0'r Time: Names of any city employees involved in INJURY or DAMAGE: If Claim is for Equitable Indemnity, give date daimant served with the complaint Date: rrnere Ulu UMVIMM or mwuKT OCCUUf Uescnoe roily, ana locate on aiagram on reverse side of this sheet. Where appropriate, give street names and addreand measurements from land ma vI s) Co MOL 7 - Con6irUc-�w on Zones Describe in detail how the DAMAGE or INJURY occurred. V)c7+ t:. (prIrCe and y Gras I (;j (► r /fI -f - — 4 � �Te ers . `T-9 pw-aWK-f- kas (wh ►�,oved -4-- rep IaceY -lu,; q-At-e , s s-�,' (1 a lip o-F Gt PrOXi n7a -le, l 6 i K)cd.QS `{ �f Y ot�. h;+ e l/ery +me YOLl (5+� �rarx�ey G , in �� V u /� i 11 or drop '& - �') t U Clue evl�� o r s-jr y-> r 1�� j h ©f-ho i-e s m,q�r, `f l '� ; P �r S i.tVl.A/-eri ver pieV -LY owr- a mar oh out- s+rre -f lvt TT' c% Why do im the city is responsible? W Pmo taw Gcicess 4o our s` lre& kurt -40 u-<X- U l s� Corank' our oil �fio1/1 is `i ,Iat ` 'e �a�'�In l6Ff- � La � ,n s ✓ , �t�ld-u� 4�d wajd cep es a s i� o �r � P � scnbe in detail ea�n,�NJURY or DAMAGE 40 -�o `f�-e eX cPss, ve vi b r�-hors i �fi- h ` ffE n� i"octo( d � eat s -+raue i L i r, on roaol ---av P-ra.P -}=► rr� s rJ -F0 rn " -!z otter o� ear rn �/ el�� Ll� n can a 1 rw- a nd du� -�o 44 try\-Ooc 6V �;i ry�k [Aova -end v`► G+Q a - looms -er�,e )�` owf, o--)- S E PAGE 2 (OVER) Q ng MCA WObj-eSp o( U =g_,`�-� THIS CLAIM MUST BE SIGNED'04REV E -�ova --},(-es; The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ..................... $ Future expenses for medical and hospital care .a Expenses for medical and hospital care ..... $ Future loss of earnings ....................$ Loss of earnings ........................ $ Other prospective special damages ..........$ Special damages for ..................... $ Prospective general damages ..............$ Total estimated prospective damages .......$ General damages ....................... $ Total damages incurred to date .......... $ 7 r Total amount claimed as of date of presentation of this claim: $ '25711 Was damage and/or injury" investigated by police? 0 if so, what city? Were paramedics or ambulance called? If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit to 1"GE or INJURY: List all persons and addresses of persons known lo Name Name Name Me Address Phone Address Phone Address Phone RV%D Ford acddera daims place on Mowing diagram name of streets, Including North, East, South, And West; Indicate place of accident by'r and by showing house numbers or distances to street comers. if City Vehicle was involved, designate by letter W location of City Vehicle when you first saw it, and by'B' location of yourself or your vehicle when you first saw City Vehicle; location of City vehicle at time of CURB 77 aoddent by `A•1' and location of yourself or your vehicle at the time of the accident by 11-1- and fire point of impact by W NOTE: If diagrams below do notfit the situation, attach hereto a proper diagram signed by claimant SIDEWALK PARKWAY SIDEWALK CURB --I signature or taarmant or person wing on rtrs Denalt giving relationship Typed Name: Vale: to C lal ant; l rCkc� NOTE: CLAIMS MU T FIL D WITH CITY CL K (G . Code § 915a.) Presentation of a Ise claim is a felony . Cod0;72.) 271 COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Denial of Claim for Damages Filed By Verizon: Date of Loss: June 9, 2005 P1rAAAAAAP'A 111 A T1f1wI AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Verizon, with a reported date of loss of June 9, 2005. r1[%A A 1 IAAr11 1A A TIAAIA _ The total of the claim was for an unspecified amount. ^" A M'rCr% r%1T\/ IRRr%l None. A claim was filed by Verizon with a reported date of loss of June 9, 2005 (Attachment1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. CIAIMINkle%^ A KIM A I TrP1K1 A T11 The alternatives available to the City Council include: � 72 1 . Deny the Claim for Damages filed by Verizon with a reported date of loss of June 9, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Verizon, Claim for Damages 2*73 ver%r ATTACHMENT 1 1-866-887-40titi RECEIVED *****NOTICE OF CLAIM***** Date: 6/22/2005 2005 JUL 11 I'M 1? 02 CERTIFIED MAIL, RETURN RECEIPT REQUESTED CITY OF LA QUINTA CITY CLERK'S OFFICE To: CITY OF LA QUINTA CA CITY CLERK, JUNE GREEK 78-495 CALLE TAMPICO P O BOX 1504 LA QUINTA, CA 92247 CERTIFIED MAIL# 917108 2133 3930 9182 6516 RE: Damage to Verizon Property Verizon Claim No.: CAPRO50927 Date of Damage/Discovery: 6/9/2005 Location of damage: WEST SIDE JEFFERSON/NORTH OF AVE 54,11-A QUINTA,CA Amount of Damage: Undetermined Dear Sir/Madam: Please be advised that Verizon Facilities sustained damage as a result of the negligent acts or omissions by employees or agents of CITY OF LA QUINTA CA. (GRANITE CONSTRUCTION). Investigation has revealed that on or about 6/9/2005 employees or agents of CITY OF LA QUINTA CA, (GRANITE CONSTRUCTION) DAMAGED 100 PAIR BURIED CABLE WHILE EXCAVATING TO INSTALL DRY UTILITIES in area of WEST SIDE JEFFERSON/NORTH OF AVE 54,LA QUINTA,CA. This letter is the written presentment of Verizon's claim pursuant to California Government Code 910-911. REQUEST FOR GOVERNMENTAL NOTICE FORM If your Governmental Entity requires the completion of its own form to complete proper notice, please forward a copy to the address listed above. Every good faith effort has been made to identify the proper office and address to perfect our notice. Please forward to your attorney, if misdirected, to contact us. Matters herein stated are alleged on information and belief this pleader believes to be true. If there is insurance to cover this matter, kindly advise as to the name of the insurance company, its address and the claim number assigned. If you have any questions, or need additional information, please call me at 1-800-321-4158 ext 8361 or fax me at 405-605-3401. Y// ILL O PER �Sj1E CR CM Claim T NOTARY4��&t = 4 05003650 = - ` w _. EXP. 4I15109 Commission Expires 4 l ? �t B��P?274 ' f w ti5 OF T 9 COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Approval of Advertisement in 2007 California Visitor's Guide RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: Alf STUDY SESSION: PUBLIC HEARING: Approve an advertisement in the 2007 California Visitor's Guide. FISCAL IMPLICATIONS: A total of $229,700 is available in the City's Fiscal Year 2006-07 Budget to fund this request (Account #101-1003-413.55-07). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 5, 2006, the City Council approved a Contract for Services Agreement with Kiner Communications for professional marketing services. At that meeting, staff was directed to maintain a marketing contingency fund for marketing opportunities that may arise throughout the year. The original amount of that contingency fund was $242,800, which corresponded to expanded marketing options presented by Kiner Communications. These options were also considered on July 5, 2006 as part of the contract. The only item approved for funding was the Palm Springs Life advertorial (September 2007 hotel issue) in the amount of $13,100. Therefore, $229,700 remains in the marketing contingency fund to date. Council asked that marketing proposals being recommended for funding using these contingency funds be brought before Council for consideration. J 275 Kiner Communications was recently contacted in regards to placing an advertisement in the Official 2007 State Visitor's Guide and Travel Planner (Attachment 1). It is produced by the California Travel and Tourism Publications Office and Sunset Custom Publishing, and is the official visitor's guide for the State of California. The annual distribution is 500,000 and copies are available at newsstands. It is also available online with a direct link from an advertiser's ad to its website. The following distribution methods were noted: direct inquiries (mailed upon request); sales missions; consumer and travel trade shows; California Welcome Centers; and Sunset Magazine events. The price for a half -page color ad is $19,320, which is what Kiner Communications is recommending for the City. This opportunity is a cooperative effort with the Palm Springs Desert Resorts Convention & Visitors Authority (CVA). The co-op rate for the City of La Quinta would be $9,176.70, with the CVA funding more than half of the regular rate. Design services for the ad would run about $800, bringing the total amount needed to approximately $10,000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve an advertisement in the 2007 California Visitor's Guide in the amount of $10,000; or 2. Do not approve an advertisement in the 2007 California Visitor's Guide in the amount of $10,000; or 3. Provide staff with alternative direction. Respectfully submitted, 1 Michael O'Connor, Assistant City Manager Approved for submission by: o Thomas P. Genovese, City Manager Attachment: 1. Advertising Proposal 276 Attachment 1 California Travel and Tourism Publications 2007 Palm Springs Desert Resorts CVA Co-op ADVERTISING PROPOSAL The Publication: The 2007 California Official State Visitor's Guide and Travel Planner is getting a makeovers Readers of the 2007 edition will find more articles, more maps, more photos and more reasons to visit California! Our new editorial team has completely redesigned the Visitor's Guide from cover to cover. Research has shown us that the role of visitor's guides in the trip planning process is changing and the new Guide addresses this change with two main sections: Inspiration and Action. The Inspiration section in the front of the book has four feature editorial segments: Discover, Taste, Play and Enjoy. This presents a stunning visual tour of California's incredible diversity of destinations, activities and cultural California Official State Visitor's Guide & Travel Planner, 2007 Edition Net Annual Rate Per attractions. The photography is active and fun and shows how much we have to Co-op Partner: offer. This section continues to entice the traveler to come to California 1/4 pg: $4,588.35 The Action section of the Guide focuses on the trip planning process and drives them to your door. The 12 Tourism Regions remain the basis of this section and now each region is now broken down into more accessible, and more inviting "Districts." There will be 34 Districts in all -teach featuring a map and driving tour. The destinations and activities within each are organized alphabetically by town to make trip planning easy. Main Fulfillment Piece for California Tourism: The Visitor's Guide & Travel Planner is sent to people who call, fax or write the Tourism Commission after visiting the visitcalifornia.com web site, reading articles on California or in response to the state advertising campaign: print and national cable -television campaign ("Do You Feel Lucky?') The Visitor's Guide & Travel Planner reaches worldwide to over 1.9 million California bound travelers The CA Visitor's Guide & Travel Planner is advertised in select issues of Sunset Magazine and other Time, Inc. magazines. Additional copies of the Visitor's Guide and Travel Planner are distributed at sales missions, consumer and travel trade shows (international and domestic), California Welcome Centers and DMO's, overseas contractors and Sunset Magazine events Advertiser Added -Value Benefits: Each advertiser receives a free listing on the Reader Service Card Each advertiser receives a free enhanced listing in the Deserts section Each advertiser receives a free hyperlink from the www.visitcalifornia.com Web site advertiser's Web site Each advertiser will be included with a link in the Digital Visitors Guide online at visitcalifornia.com 1/2 pg: $9,176.70 Compare to open rate purchased on your own: 1 /4 pg: $10,075 1/2 pg: $19,320 Circulation: 500,000 Timin : Due August 25, 2006 Payment due Jan. 2007 Contact: Pamela Coffey California Travel and Tourism Publications/Sunset Magazine 619-444-2635 coffeyp czJsunset.coln �!p1I�IIIN� 277 i AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 5, 2006 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Making Certain if Findings Pursuant to Health and Safety Code Section STUDY SESSION: 33445(a) for the SilverRock Resort On -Site and Off- PUBLIC HEARING: Site Native and Perimeter Area Enhancements, Project No. 2002-07 O and Consenting to the Expenditures RECOMMENDATION: Adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a) for the SilverRock Resort On -Site and Off -Site Native and Perimeter Area Enhancements, Project No. 2002-07 O and consenting to the expenditures. FISCAL IMPLICATIONS: The following represents the approved project funding and additional funding sources: Fund Available RDA 1 reserves for economic development $1,178,295 CHARTER CITY IMPLICATIONS: None. The proposed improvements will be funded with RDA Project Area No. 1 funding. The project is subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: On August 1, 2006, the Redevelopment Agency appropriated $1,178,295 from RDA Project Area No. 1, and awarded the contract to the lowest qualified bidder, Sierra Landscape, for the SilverRock Resort On -Site and Off -site Native and Perimeter Area Enhancements, which included construction, design, inspection, administration and contingency. The attached resolution sets, forth the finding necessary for such expenditures and further sets forth the City Council's consenit to the expenditures. FINDINGS AND ALTERNATIVES: The alternatives available to the Council include: 1. Adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a) for the SilverRock Resort On -Site and Off -Site Native and Perimeter Area Enhancements, Project No. 2002-07 0 and consenting to the expenditures; or 2. Do not adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a) for the SilverRock Resort On -Site and Off -Site Native and Perimeter Area Enhancements, Project No. 2002-07 0 and consenting to the expenditures; or 3. Provide staff with alternative direction. Respectfully submitted, R Jublic othy R. Y�I a n, P. E. Works i ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager RESOLUTION NO. 2006- A RESOLUTION OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS WHEREAS, the City Council and the La Quinta Redevelopment Agency ("Agency") approved the SilverRock Resort On -Site and Off -Site Native and Perimeter Area Enhancement Project No. 2002-07 0 on August 1, 2006; and WHEREAS, the California Community Redevelopment Law, at Health and Safety Code Section 33445, requires before the Agency may pay for the cost of publicly owned improvements, the Agency and City Council must adopt a resolution making certain findings and the City Council must consent to the expenditures. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of La Quinta, California, as follows: SECTION 1. The above recitations are true and correct and are adopted as findings of the City Council. SECTION 2. The City Council consents to the Agency funding up to $1,178,295 to be utilized for the SilverRock Resort On -Site and Off -Site Native and Perimeter Area Enhancements. SECTION 3. Pursuant to Health and Safety Code 33445(a), the City Council finds and determine that: A. The improvements included in Project No. 2002-07 0 will be located within the Project Area and thus will provide recreational facilities and opportunities for the residents, businesses, property owners, and others located within the Project Area, as well as the City at -large. B. That no other reasonable means of financing the buildings, facilities, structures, landscape and other improvements are available to the community other than Agency funding. C. The improvements included in Project No. 2002-07 0 will assist in the elimination of one or more blighting conditions inside and around the perimeter of the Project Area, and is consistent with the, Resolution No. 2006- PN 2002-07 O SRR Enhancements Adopted: September 5, 2006 Page 2 Agency's Implementation Plan adopted pursuant to Health and Safety Code Section 33490. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of September, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: THOMAS P. GENOVESE, City Manager City of La Quinta, California ATTEST: DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California IIjI Tdf °t soa9Mrw COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Approval of an Agreement to Share Transient Occupancy Tax Revenue with Village Resort, LLC, a Subsidiary of Chicago Title for the Embassy Suites Hotel Located at 50-777 Santa Rosa Plaza RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 24 STUDY SESSION: PUBLIC HEARING: Approve an Agreement to share Transient Occupancy Tax (TOT) revenue with Village Resort, LLC, a subsidiary of Chicago Title ("Village Resort") for the Embassy Suites Hotel ("Hotel") located at 50-777 Santa Rosa Plaza. FISCAL IMPLICATIONS: The City will rebate up to $1,000,000 in TOT revenue to Village Resort in conjunction with the opening and continuous operation of the Hotel. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has worked closely with Village Resort and Chicago Title (and previous owners of the Hotel) to expedite the earliest opening of the facility. Discussions have resulted in an Agreement between the City and Village Resort, whereby the City will share TOT revenue with Village Resort. The Agreement also includes Covenants, Conditions, and Restrictions Affecting Interests in Real Property ("CC&Rs") (Attachment 1). If enacted, the Agreement and CC&Rs could assist in the opening of the facility on or about September 15, 2006. In consideration for Village Resort's conveyance to the City of certain covenant interests in the Hotel facility, the City has agreed to make certain periodic payments to 282 Village Resort in an amount equal to a portion of the TOT generated by the Hotel. Upon approval of this Agreement, the value to the City will be economic revitalization, generation of additional local tax revenues that will help to fund vital public services, provision of expanded and more accessible hotel guest rooms and related amenities for visitors, and job growth and retention. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an Agreement to share TOT revenue with Village Resort for the Embassy Suites Hotel located at 50-777 Santa Rosa Plaza; or 2. Do not approve an Agreement to share TOT revenue with Village Resort for the Embassy Suites Hotel located at 50-777 Santa Rosa Plaza; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Agreement 2293 ATTACHMENT 1 AGREEMENT TO SHARE TRANSIENT OCCUPANCY TAX REVENUE This AGREEMENT TO SHARE TRANSIENT OCCUPANCY TAX REVENUE (the "Agreement") is entered into this day of , 2006, by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and VILLAGE RESORT, LLC, a California limited liability company ("Village Resort") (individually a "Parry" and collectively the "Parties"). RECITALS A. Village Resort, a subsidiary of Chicago Title Insurance, owns fee title to that certain real property consisting of approximately 6.81 acres of land area located at 50-777 Santa Rosa Plaza, in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" (the "Site"). B. Village Resort has developed on the Site a hotel containing 146 guest rooms, a conference center and other related amenities (the "Hotel"). Village Resort has obtained the necessary rights and intends to operate the Hotel under the flagship name "Embassy Suites." The Hotel, as defined herein, does not include the 144 adjacent casitas. C. In consideration for Village Resort's conveyance to City of the interest in the Site set forth in the "Covenant" (as defined hereinbelow), City has agreed to make certain periodic payments to Village Resort in an amount equal to a portion of the transient occupancy tax generated by the Hotel (the "Transient Occupancy Tax"), subject to and in accordance with the other terms and conditions set forth in this Agreement and the Covenants, Conditions, and Restrictions Affecting Interests in Real Property attached hereto as Exhibit "B" (the "Covenant"). D. By its approval of this Agreement, the City Council of City has found and determined as follows: (i) the value to the City, of Village Resort's performance of its obligations set forth in the Covenant in each fiscal year during which City payments are to be made (in terms of economic revitalization, generation of additional local tax revenues that will help to fund vital public services, provision of expanded and more accessible hotel guest rooms and related amenities for persons wishing to visit the City for business or pleasure, and job growth and retention) will be not less than the amount of such payments; and (ii) that the imposition of the covenants and use restrictions upon the Site pursuant to the Covenant in exchange for the payments to be made by City constitutes a valid public purpose. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Village Resort hereby agree as follows: n84 1. Defined Terms. Any capitalized terms contained in this Agreement, which are not defined in this Agreement, shall have the meanings ascribed to such terms in the Covenant. 2. Execution and Recordation of Covenant. Concurrently with City's and Village Resort's execution of this Agreement, Village Resort shall fill in the blanks, date, and execute the Covenant in recordable form and Village Resort shall record the Covenant against the Site and provide a copy of the recorded Covenant to City. City agrees to cooperate in the recordation of the Covenant against the Site, at no cost to City, and the City Manager or his designee is hereby authorized on behalf of City to execute all documents and take all actions necessary or appropriate to implement this Agreement. 3. Termination of Agreement. This Agreement shall automatically terminate and be of no further force or effect upon termination of the Covenant, in accordance with the terms thereof. 4. Assignment. Village Resort shall not assign, hypothecate, encumber, or otherwise transfer its rights and obligations set forth in this Agreement and the Covenant to any other person or entity without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion. 5. Cooperation in the Event of Legal Challenge; Validation Action. In the event any third party files an action seeking to invalidate this Agreement or the Covenant or seeking any equitable remedy that would prevent the full performance hereof or thereof, City and Village Resort agree to cooperate in the defense of such action. Village Resort shall pay all of the City's costs and expenses (including attorneys' fees) and the City shall have the sole right to select its legal counsel. Such cooperation shall include, without limitation: (i) an agreement by each Party to not default or allow a compromise of said action without the prior written consent of the other Party; (ii) an agreement by each Party to make available to the other Party all non - privileged information necessary or appropriate to conduct the defense of the action; and (iii) an agreement by each Party to make available to the other Parry, without charge, any witnesses within the control of the first Party upon reasonable notice who may be called upon to execute declarations or testify in said action. In addition to the foregoing, if Village Resort delivers a written request for such action to City (c/o the City Manager) not later than thirty (30) days after the date the City Council of City approves this Agreement at a public meeting, City shall file an action in Riverside County Superior Court pursuant to California Code of Civil Procedure Section 860 et seq. to validate this Agreement and the Covenant and each and every one of its and their provisions. In such event, City and Village Resort shall reasonably cooperate in drafting the complaint, briefs, the proposed judgment of validation, and such other pleadings, documents, and filings as may be required or desirable in connection with the validation action. City and its legal counsel shall file and prosecute the validation action, but shall reasonably coordinate and cooperate with Village Resort concerning the drafting of pleadings and other documents and with regard to the litigation strategy to be employed. Village Resort and/or Chicago Title shall reimburse City within fifteen (15) days after written demand therefor for all costs ("Costs") of the validation action. Costs include without limitation, attorney's fees, filing fees and court reporter fees (if any), costs of publication and to effectuate service of process, reasonable photocopying and other reproduction -2- 6 charges, travel time and mileage expenses, and other costs and expenses reasonably incurred by City. In the event of an appeal of such action, the Parties shall cooperate with respect to the appeal to the same extent as at the Superior Court level of the proceedings. Upon the entry of a final non -appealable judgment of any court with jurisdiction invalidating or enjoining the performance of any material covenant set forth in this Agreement or the Covenant, this Agreement and the Covenant shall automatically terminate without the need of further action by either Party. 6. Compliance with Laws. During the entire Operating Period, Village Resort shall operate the Hotel on the Site in conformity with all valid and applicable federal, state (including without limitation the California Civil Code, the California Government Code, the California Health & Safety Code, the California Labor Code, the California Public Resources Code, and the California Revenue & Taxation Code), and local laws, ordinances, and regulations, provided that Village Resort does not waive its right to challenge the validity or applicability thereof to Village Resort or the Site. The operation of the Hotel shall be in compliance with the requirements of the Conditional Use Permit issued by the City for the Hotel. Nothing herein constitutes a representation or warranty by City that the construction of the Hotel is not a "public work" or otherwise subject to California Health and Safety Code Sections 33423 through 33426, or Chapter 1 of Part 7 of the California Labor Code (commencing with section 1720), and all applicable statutory and regulatory provisions related thereto, and Village Resort expressly waives any right of reimbursement for any "increased costs" under California Labor Code Section 1781 or otherwise with respect to the Hotel or Village Resort's development thereof. Village Resort shall indemnify, defend, and hold the City and the City's representatives, volunteers, officers, officials, members, employees, and agents harmless, including, but not limited to, litigation costs, expert witness fees, and reasonable attorneys' fees, from and against any and all claims pertaining to the payment of wages in connection with Village Resort's development of the Hotel on the Site or failure to comply with federal or state labor laws, regulations, or standards. 7. Integration and Amendment. This Agreement and the Covenant attached hereto constitute the entire Agreement by and between the Parties pertaining to the specific subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Agreement may not be modified, amended, or otherwise changed except by a writing executed by both Parties. 8. Notices. Notices to be given by City or Village Resort hereunder may be delivered personally or may be delivered by certified mail or by reputable overnight delivery service providing a delivery confirmation receipt, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth in the confirmation or certification receipt. -3- If notice is to City: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Tom Genovese, City Manager with a copy to: Rutan & Tucker 611 Anton Boulevard, Suite 14000 Costa Mesa, CA 92626 Attention: M. Katherine Jenson, City Attorney and to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attention: James D. Vaughn, Esq. If notice to Village Resort: Village Resort, LLC 601 Riverside Avenue Jacksonville, FL 32204 Attention: Fred Parvey, Managing Member with a copy to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Timothy B. McOsker, Esq. and to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Roger H. Howard, Esq. 9. Counterparts. This Agreement may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 10. Legal Actions. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of law principles. In addition to any other rights or remedies and subject to the restrictions in Section 5, either Party may institute legal action to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any default, or to obtain any other legal or equitable remedy consistent with the purpose of this Agreement. City shall also have the right to pursue damages for Village Resort's defaults but in no event shall Village Resort be entitled to damages of any kind from City, except for damages for out-of-pocket costs incurred by Village Resort paid or payable to attorneys, third party consultants, contractors, and similar parties resulting from nonperformance by City of its covenants under this Agreement but excluding damages for 4 w97 13 economic loss, lost profits, or any other economic or consequential damages of any kind. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. In the event of any litigation between the parties hereto, the prevailing party shall be entitled to receive, in addition to the relief granted, its reasonable attorney's fees and costs and such other costs incurred in investigating the action and prosecuting the same, including costs for expert witnesses, costs on appeal, and for discovery. 11. Nonliability of City Officials. No member, official or employee of the City shall be personally liable to Village Resort, 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 Village Resort or its successors, or on any obligations under the terms of this Agreement. IN WITNESS WHEREOF, City and Village Resort have executed this Agreement to be effective as of the date first set forth above. ATTEST: "City" CITY OF LA QUINTA, a California municipal corporation Thomas P. Genovese, City Manager By: DEBORAH H. POWELL, Interim City Clerk APPROVED AS TO FORM: By: James D. Vaughn, Special Counsel Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP •, f -5- APPROVED AS TO FORM: "Village Resort" VILLAGE RESORT, LLC, a California limited liability company U9.2 By: Timothy B. McOsker Christensen, Glaser, Fink, Jacobs, Weil & Shapiro Fred Parvey, Managing Member 4S� in EXHIBIT "A" LEGAL DESCRIPTION OF SITE PARCEL 6 OF PARCEL MAP 29909, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, AS PER MAP RECORDED IN BOOK 200, PAGES 84 AND 85 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER. EXHIBIT `B" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attention: James D. Vaughn, Esq. [Space above for recorder.] EXEMPT FROM RECORDER'S FEE PER GOV. CODE §27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV. & TAX. CODE § 11922 Signature of Declarant or Agent determining tax — Firm Name COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY This COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY (the "Covenant") is entered into as of this day of , 2006, by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and Village Resort, LLC, a California limited liability company ("Owner") (individually a "Party" and collectively the "Parties"). RECITALS A. Owner is the owner of that certain real property consisting of approximately 6.81 acres of land area located at 50-777 Santa Rosa Plaza, in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site"). B. Owner has developed on the Site a hotel containing 146 guest rooms, a spa, conference center, and other related amenities (the "Hotel"). Owner has obtained the necessary rights to operate the Hotel under the flagship name of "Embassy Suites." The Hotel, as defined herein, does not include the 144 adjacent casitas. 291 C. Concurrently herewith, City and Owner have entered into that certain unrecorded Agreement to Share Transient Occupancy Tax Revenue (the "Agreement") which provides for the recordation of this Covenant against the Site. D. Owner shall operate the Hotel on the Site, pursuant to all applicable laws, ordinances, and regulations. E. In consideration for Owner's rights and obligations set forth in the Agreement and within this Covenant, City has agreed to make certain payments to Owner, the amount of which is measured by the "Transient Occupancy Tax" (as that term is defined below) generated by the operation of the Hotel on the Site. City and Owner have agreed that the portion of Transient Occupancy Tax required to be paid by City to Owner hereunder during each Quarter of the Operating Period provided for herein is a fair exchange for the consideration to be furnished by Owner to City in that Quarter. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Owner hereby agree as follows: I. DEFINED TERMS. The following terms when used in this Covenant shall have the meanings set forth below: The term "Agreement" shall have the meaning ascribed in Recital C of this Covenant. The term "Commencement Date" shall have the meaning ascribed in Section 2 of this Covenant. The term "Covenant Payments" shall mean the amounts to be paid by City to Owner with respect to each Quarter of the Operating Period. The term "Covenant Payments Cap Amount" shall have the meaning ascribed .in Section 4.1.1(b) of this Covenant. The term "Default" shall have the meaning ascribed in Section 5.1 of this Covenant. The term "Effective Date" shall mean the date this Covenant is executed by the latter of the two Parties to sign, which date shall be inserted in the preamble to this Covenant. The term "Fiscal Year" shall mean City's fiscal year, which commences on July 1 and ends on the next succeeding June 30. The term "Holder" shall have the meaning ascribed in Section 5.1(b) of this Covenant. 2 9 2 -2- The term `Hotel" shall have the meaning described in Recital B. The term "Operating Period" refers to the period between the Commencement Date and the Termination Date. The term "Quarter" shall mean any of the three (3) month periods during a Fiscal Year commencing July 1, October 1, January 1, or April 1. The term "Transient Occupancy Tax" means, for a given month, or part thereof, during the Operating Period, that portion of transient occupancy taxes reported and remitted by Owner to City pursuant to Chapter 3.24 of the La Quinta Municipal Code, that are generated from the use and occupancy of guest rooms in the Hotel. Notwithstanding anything herein to the contrary, Transient Occupancy Tax shall not include any interest or penalty that has been paid by Owner pursuant to Chapter 3.24 of the City's Municipal Code, and any costs the City incurs in enforcing Chapter 3.24 of the City's Municipal Code or any provision of this Agreement shall be deducted from the amount of Transient Occupancy Tax that is received by the City prior to calculating the amount of a Covenant Payment. The term "Site" shall have the meaning ascribed in Recital A of this Covenant. The term "Termination Date" shall mean the date that is the earliest of (i) the date that is five (5) years following the Commencement Date; (ii) the date that the Covenant Payments Cap Amount is paid in full; or (iii) the date on which this Covenant is terminated pursuant to Sections 2, 5.2 or 5.3, as applicable. 2. CONDITION TO OWNER'S RIGHT TO RECEIVE COVENANT PAYMENTS. As a condition to Owner's right to receive the Covenant Payments, Owner shall be required to (i) complete construction of the Hotel in accordance with all applicable requirements, as evidenced by City's issuance of a permanent and final certificate of occupancy; and (ii) open the Hotel and commence operations. The obligations set forth in clauses (i) and (ii) above are hereinafter referred to as the "City's Conditions to Payment." The day on which the City's Conditions to Payment are satisfied shall constitute the "Commencement Date" (unless such date occurs before the execution of this Covenant, in which case the Commencement Date shall constitute the date upon which this Covenant is fully executed by both parties) at which time Owner's obligations pursuant to Section 3 of this Covenant and City's obligations pursuant to Section 4 of this Covenant shall commence. Notwithstanding any other provision set forth in this Covenant, and subject to extension for events of force majeure as provided in Section 6.7, if, by September 15, 2006, Owner has not satisfied the City's Conditions to Payment, either party may terminate this Covenant by delivery of written notice of termination to the other Party and, in such event, neither Party shall have any further rights against or obligations to the other Party arising out of this Covenant. Owner's obligations to continuously operate the Hotel until the Termination Date, as described in Section 3.1 below, shall be a condition to the receipt of Covenant Payments during the Operating Period. -3- 3. OWNER'S OBLIGATIONS. 3.1 Continuous Operation. During the first three (3) years of the Operating Period, Owner covenants and agrees to continuously operate the Hotel on the Site (subject to temporary interruptions for casualty losses, repairs, and the like, provided, however, that no such interruptions shall continue for more than five days without the City's prior written consent, which consent may be withheld in City's sole and absolute discretion during the entire Operating Period). 3.2 Use Restriction. During the entire Operating Period, the Site shall not be put to any use other than the operation of the Hotel, and such use shall qualify as a transient occupancy use under Chapter 3.24 of the City's Municipal Code. 3.3 Maintenance and Repair of Site and Hotel; Landscaping. (a) During the entire Operating Period, Owner, at its sole cost and expense, shall keep and maintain the Site and the improvements thereon and all facilities appurtenant thereto in first class condition and repair, in accordance with the "Maintenance Standards" (as that term is hereinafter defined). Said improvements shall include, but not be limited to, buildings, sidewalks, pedestrian lighting, landscaping, irrigation of landscaping, architectural elements identifying the Site owner and any and all other improvements on the Site. (b) To accomplish the maintenance, Owner shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Covenant. (c) The following standards ("Maintenance Standards") shall be complied with by Owner and its maintenance staff, contractors or subcontractors: 1. Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. 2. Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. 10 3. All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance. 4. Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access. 5. The Site and Hotel shall be maintained in conformance and in compliance with the approved Site construction and architectural plans and design scheme, and reasonable commercial development maintenance standards for similar projects, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. 6. The Site and Hotel shall be maintained as required by this Section in good condition and in accordance with the custom and practice generally applicable to comparable business hotels located in Riverside County. During the Operating Period, Owner shall not abandon any portion of the Site or leave the Site unguarded or unprotected, and shall not otherwise act or fail to act in such a way as to unreasonably increase the risk of any damage to the Site or of any other impairment of City's interest set forth in this Covenant. 3.4 Failure to Maintain Site and Hotel. In the event Owner does not maintain the Site or the Hotel in the manner set forth herein and in accordance with the Maintenance Standards, City shall have the right, but not the obligation, to maintain such private and/or public improvements, or to contract for the correction of such deficiencies, after written notice to Owner. However, prior to taking any such action, City agrees to notify Owner in writing if the condition of said improvements do not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Owner to cure the deficiencies. Upon notification of any maintenance deficiency, Owner shall have thirty (30) days within which to correct, remedy or cure the deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City, then Owner shall have forty-eight (48) hours to rectify the problem. In the event Owner fails to correct, remedy, or cure or has not commenced correcting, remedying or curing such maintenance deficiency after notification and after the period of correction has lapsed, then City shall have the right to maintain such improvements. Owner agrees to pay City such charges and costs. Until so paid, City shall have a lien on the Site for the amount of such charges or costs, which lien shall be perfected by the recordation of a "Notice of Claim of Lien" against the Site. Upon recordation of a Notice of a Claim of Lien against the Site, such lien shall constitute a lien on the fee estate in and to the Site prior and superior to all other monetary liens except: (i) all taxes, bonds, assessments, and other levies which, by law, would be superior thereto; (ii) the lien or charge of any mortgage, deed of trust, or other security interest then of record made in good faith and for value, it being understood that the priority of -5- any such lien for costs incurred to comply with this Covenant shall date from the date of the recordation of the Notice of Claim of Lien. Any lien in favor of City created or claimed hereunder is expressly made subject and subordinate to any mortgage or deed of trust made in good faith and for value, recorded as of the date of the recordation of the Notice of Claim of Lien describing such lien as aforesaid, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of any such mortgage or deed of trust, unless the mortgage or beneficiary thereunder expressly subordinates his interest, of record, to such lien. Upon foreclosure of any mortgage or deed of trust made in good faith and for value and recorded prior to the recordation of any unsatisfied Notice of Claim of Lien, the foreclosure -purchaser shall take title to the Site free of any lien imposed by City that has accrued up to the time of the foreclosure sale, and upon taking title to the Site, such foreclosure -purchaser shall only be obligated to pay costs associated with this Covenant accruing after the foreclosure -purchaser acquires title to the Site. Owner acknowledges and agrees City may also pursue any and all other remedies available in law or equity. Owner shall be liable for any and all attorneys' fees, and other legal costs or fees incurred in collecting said maintenance costs. 3.5 Compliance with Laws. During the entire Operating Period, Owner shall operate the Hotel on the Site in conformity with all valid and applicable federal, state (including without limitation the California Civil Code, the California Government Code, the California Health & Safety Code, the California Labor Code, the California Public Resources Code, and the California Revenue & Taxation Code), and local laws, ordinances, and regulations, provided that Owner does not waive its right to challenge the validity or applicability thereof to Owner or the Site. The operation of the Hotel shall be in compliance with the requirements of the Conditional Use Permit issued by the City for the Hotel. Nothing herein constitutes a representation or warranty by City that the construction of the Hotel is not a "public work" or otherwise subject to California Health and Safety Code Sections 33423 through 33426, or Chapter 1 of Part 7 of the California Labor Code (commencing with section 1720), and all applicable statutory and regulatory provisions related thereto, and Owner expressly waives any right of reimbursement for any "increased costs" under California Labor Code Section 1781 or otherwise with respect to the Hotel or Owner's development thereof. Owner shall indemnify, defend, and hold the City and the City's representatives, volunteers, officers, officials, members, employees, and agents harmless, including, but not limited to, litigation costs, expert witness fees, and reasonable attorneys' fees, from and against any and all claims pertaining to the payment of wages in connection with Owner's development of the Hotel on the Site or failure to comply with federal or state labor laws, regulations, or standards. 3.6 Non -Discrimination. In the opening and operation of the Hotel, Owner agrees not to violate applicable laws that prohibit discrimination against any person or class of persons by reason of gender, marital status, race, color, creed, mental or physical disability, religion, age, ancestry, or national origin. 3.7 Indemnification of City. Owner shall defend, indemnify, assume all responsibility for, and hold the City, and the City's representatives, volunteers, officers, officials, members, employees and agents, harmless from any and all claims, demands, damages, defense costs or liability of any kind (including attorneys' fees and costs), that arise from Owner's operation of the Hotel on the Site or which may be caused by any acts or omissions of the Owner under this Covenant, whether such activities or performance thereof be by Owner or by anyone directly or indirectly employed or contracted with by Owner and whether such damage shall accrue or be discovered before or after termination of this Covenant. 4. OBLIGATIONS OF CITY. 4.1 Covenant PUments to Owner. 4.1.1 Amount of Covenant Payments; Cap. In consideration for Owner's undertakings pursuant to this Covenant, City shall make the following payments (each, a "Covenant Payment") to Owner at the end of each Quarter (or part thereof) during the Operating Period: (a) Subject to subparagraph (b) below, the Covenant Payments with respect to each Quarter shall be in an amount equal to forty percent (40%) of the Transient Occupancy Tax for that Quarter, except that in the Quarter during which the Termination Date occurs, the Covenant Payment shall be prorated such that City shall only pay to Owner 40% of Transient Occupancy Tax for the period between the first day of such Quarter and the Termination Date. (b) Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall the total amount of Covenant Payments made by City to Owner exceed the sum of One Million Dollars ($1,000,000) (the "Covenant Payments Cap Amount"). In this regard, it is understood and agreed that the Covenant Payments are in consideration of Owner's performance during each Quarter of the Operating Period and are not repayments of a loan. (c) Notwithstanding any other provision set forth in this Covenant to the contrary, even in the event the Covenant Payments Cap Amount has not been reached at the end of the Operating Period, City shall have no further obligation after that time to make additional Covenant Payments. 4.1.2 Source of Payments. The Covenant Payments shall be payable from any source of funds legally available to City, including City's general fund. In this regard, it is understood and agreed that the Transient Occupancy Tax that is generated from the Hotel on the Site is being used merely as a measure of the amount of the Covenant Payments that are periodically owing by City to Owner, and that City is not pledging any portion of the Transient Occupancy Tax generated from the Site to Owner. 4.1.3 Payment Procedure. Not later than thirty (30) days after the Transient Occupancy Tax for the Hotel is reported and remitted to City by Owner for the final month in each Quarter, or portion thereof, during the Operating Period, City shall pay the Covenant Payment for said Quarter, or portion thereof, to Owner. Each such payment shall be accompanied by a statement identifying (i) the amount of Transient Occupancy Tax upon which the Covenant Payment amount was calculated; and (iii) a cumulative total comparing how the Covenant Payment in question, together with all prior Covenant Payments, relate to the Covenant Payment Cap Amount. For example, if Owner files a report and remits the Transient r' l 297 -7- Occupancy Tax generated during the month of December, 2006, on January 15, 2007, then City shall provide the quarterly Covenant Payment for the October -November -December 2006 Quarter by February 14, 2007. It is understood that the amount of City's quarterly Covenant Payments to Owner shall be based upon the amount of Transient Occupancy Tax that City shall have actually received from Owner. In addition, if after any such quarterly payment is made, either City or Owner obtains information that the amount of City's payment was in error, including, without limitation, by reason of overpayment of tax, or by erroneous or illegal collection or receipt by the City, the Party obtaining such information shall promptly notify the other Party and shall provide such detailed information as may be necessary to explain the discrepancy. The discrepancy then shall be taken into consideration by means of an adjustment to the next quarterly payment to be made by City (either an additional payment in the event City has underpaid a prior Covenant Payment that is due or a credit against the subsequent Covenant Payment in the event City has overpaid); provided, however, that in the event an adjustment needs to be made in excess of Ten Thousand Dollars ($10,000), the Party entitled to said sum shall be entitled to deliver a written notice to the other Party requesting an immediate adjustment and in such event the other Party shall make an appropriate payment within fifteen (15) days from receipt of said notice. 4.1.4 Books and Records. Upon the written request of either Party, the other Party shall make available for inspection (at City Hall in the event of a review of City records and at Owner's place of business in La Quinta in the event of a review of Owner's records) such of its books and records as the requesting Party may reasonably determine must be reviewed in order to determine whether the correct amount of Covenant Payments have been made or are being made hereunder. Notwithstanding the foregoing, City shall not be required to produce any books or records that it is prohibited from producing by law and Owner shall not be required to produce information that violates the statutorily prescribed privacy rights of individual customers. 4.1.5 No Acceleration; Prepayment. It is acknowledged by the Parties that any payments by City provided for in this Covenant are in consideration for the performance by Owner during the time period(s) for which payments are due. Therefore, City's failure to timely make any payments or City's failure to perform any of its other obligations hereunder shall not cause the acceleration of any anticipated future Covenant Payments by City to Owner. To the maximum extent permitted by law, City shall be permitted to prepay any of the Covenant Payments without penalty. 4.2 Additional Condition Precedent to City's Obligations. In addition to the provisions set forth in Section 2 of this Covenant, City's obligation to make the Covenant Payments pursuant to Section 4.1 of this Covenant for any Quarter during the Operating Period shall be contingent and conditional upon Owner's performance of its obligations set forth in Section 3 of this Covenant during such Quarter. F11 5. DEFAULTS AND REMEDIES. 5.1 Defaults. (a) Subject to Section 6.7 of this Covenant, the occurrence of any of the following shall constitute a Default: (i) the failure by either Party to perform any obligation of such Party for the payment of money under this Covenant if such failure is not cured within fifteen (15) calendar days after the nonperforming Party's receipt of written notice from the other Party that such obligation was not performed when due; or (ii) the failure by either Party to perform any of its obligations (other than obligations described in clause (i) of this Section 5.1) set forth in this Covenant, if such failure is not cured within thirty (30) days or, if such failure is of a nature that cannot reasonably be cured within thirty (30) days, the failure by such Party to commence such cure within thirty (30) days and thereafter diligently prosecute such cure to completion; or (iii) any material representation or warranty by a Party set forth in this Covenant proves to have been incorrect in any material respect when made; or (iv) the Hotel is materially damaged or destroyed by fire or other casualty during the Operating Period and Owner fails to commence restoration of the improvements within a reasonable time or thereafter fails to diligently proceed to complete such restoration in accordance with this Covenant; or (v) Owner makes any total or partial sale, transfer, conveyance, assignment, subdivision, or lease of the whole or any part of the Site, the Hotel, and/or the Agreement or this Covenant without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion, or if any voluntary or involuntary successor -in -interest of the Owner acquires any rights or powers under the Agreement or this Covenant without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion; or (vi) Owner refinances any existing construction, permanent, or other loans encumbering the Site without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion; or (vii) Owner, or any Constituent member of Owner, is the subject of an order for relief for a bankruptcy court, or is unable or admits its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or Owner applies for or consents to the appointment of any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or any part of its property; or any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer is appointed without the application or consent of Owner and the appointment continues undischarged or unstayed for ninety (90) days; or Owner institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, custodianship, conservatorship, liquidation, rehabilitation or similar proceeding relating to it or any part of its property; or any similar proceeding is instituted without the consent of Owner and continues undismissed or unstayed for ninety (90) days; or any judgment, writ, warrant of attachment or execution, or similar process is issued or levied against the Site and is not released, vacated, or fully bonded within ninety (90) days after its issue or levy. (viii) Owner is enjoined or otherwise prohibited by any governmental agency from occupying the Site during the Operating Period and such injunction or prohibition continues unstayed for ninety (90) days or more for any reason. (b) In the event Owner fails to perform any of its obligations under this Covenant and City sends a notice of such failure to Owner, concurrently therewith City shall send a copy of such notice to any mortgagee or deed of trust holder with respect to the Site (herein the "Holder") (the name and address of which Holder shall be furnished by Owner or such Holder to City) and the Holder shall have the same period of time as is available to Owner to remedy such breach or failure under this Covenant. City shall accept any proper cure of a breach or failure tendered by the Holder. 5.2 City's Remedies Upon Default by Owner. Upon the occurrence of any Default by Owner, and after Owner's receipt of written notice of default and expiration of the time for Owner to cure such Default as provided in Section 5.1, City may at its option: (i) suspend the payment of Covenant Payments otherwise due and payable to Owner hereunder for the period that Owner remains in Default. If City has so suspended its payments in accordance with the terms of this clause (i), then upon Owner's cure of such Default, City shall resume its payment obligations, but shall have no obligation to make payments for any Quarter or portion thereof during which City's obligation to make payments was so suspended; or (ii) if the Default continues uninterrupted for a period of six (6) months, City may terminate this Covenant, in which case City's obligation to make payments to Owner for any period of time after the occurrence of the Default shall be finally terminated and discharged. 5.3 Owner's Remedies Upon Default byCity. Upon the occurrence of any Default by City, and after City's receipt of written notice of Default from Owner and expiration of the time for City to cure such Default as provided in Section 5.1, Owner may terminate this Covenant by written notice to City and/or seek whatever legal or equitable remedies may be available to Owner, subject to the provisions of Sections 4.1.5 and 6.5. 5.4 Cumulative Remedies, No Waiver. Except as expressly provided herein, the nondefaulting Party's rights and remedies hereunder are cumulative and in addition to all rights and remedies provided by law from time to time and the exercise by the nondefaulting Party of any right or remedy shall not prejudice such Party in the exercise of any other right or remedy. None of the provisions of this Covenant shall be considered waived by either Party except when such. waiver is delivered in writing. No waiver of any Default shall be implied from any omission by City to take action on account of such Default if such Default persists or is repeated. 300 -10- No waiver of any Default shall affect any Default other than the Default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of this Covenant shall be construed as a waiver of any subsequent breach of the same provision. A Party's consent to or approval of any act by the other Party requiring further consent or approval shall not be deemed to waive or render unnecessary the consenting Party's consent to or approval of any subsequent act. A Parry's acceptance of the late performance of any obligation shall not constitute a waiver by such Party of the right to require prompt performance of all further obligations. A Party's acceptance of any performance following the sending or filing of any notice of Default shall not constitute a waiver of that Party's right to proceed with the exercise of its remedies for any unfulfilled obligations. A Party's acceptance of any partial performance shall not constitute a waiver by that Party of any rights relating to the unfulfilled portion of the applicable obligation. 5.5 Limitations on City's Liability. Owner acknowledges and agrees that: (i) this Covenant shall not be deemed or construed as creating a partnership, joint venture, or similar association between Owner and City, the relationship between Owner and City pursuant to this Covenant is and shall remain solely that of contracting Parties, that the development and operation of the Hotel is a private undertaking, and City neither undertakes nor assumes any responsibility pursuant to this Covenant to review, inspect, supervise, approve, or inform Owner of any matter in connection with the development or operation of the Hotel on the Site other than as expressly provided for herein, including matters relating to architects, designers, suppliers, or the materials used by any of them; and Owner shall rely entirely on its own judgment with respect to such matters; provided, that nothing herein is intended to release City from whatever obligations it may have pursuant to applicable laws independent of this Covenant; (ii) by virtue of this Agreement, City shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property resulting from any construction on, or occupancy or use of, the Site, whether arising from: (a) any defect in any building, grading, landscaping, or other onsite or offsite improvement; (b) any act or omission of Owner or any of Owner's agents, employees, independent contractors, licensees, lessees, or invitees; or (c) any accident on the Site or any fire or other casualty or hazard thereon; and (iii) by accepting or approving anything required to be performed or given to City under this Covenant, including any certificate, survey, appraisal, or insurance policy, City shall not be deemed to have warranted or represented the sufficiency or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by City to anyone. 6. GENERAL PROVISIONS. 6.1 Integration and Amendment. This Covenant and the Agreement constitute the entire agreement by and between the Parties pertaining to the subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Covenant may not be modified, amended, supplemented, or otherwise changed except by a writing executed by both Parties. 6.2 Captions. Section headings used in this Covenant are for convenience of reference only and shall not affect the construction of any provisions of this Covenant. 6.3 Binding Effect; Successors and Assigns; Assignments. This Covenant shall run with the land and shall be binding upon and inure to the benefit of, the Parties hereto and their respective successors and assigns, as limited by this Section 6.3. Except as such assignment relates to Holder, the Owner shall not assign, hypothecate, encumber or otherwise, transfer its rights or obligations as set forth in this Covenant without first obtaining the City's written consent, which may be given or denied or conditioned in the City's sole discretion. Owner may assign its right to receive the Covenant Payments to any Holder for security purposes. In the event of an assignment for security purposes to a Holder, City agrees that this Covenant be subordinated to the lien of said Holder's deed of trust or mortgage and City agrees to cooperate with Owner in executing an appropriate subordination agreement. In the event that the Holder forecloses on its deed of trust or mortgage or accepts a deed in lieu of foreclosure, then upon the request of such Holder or its successor or assignee, City agrees to enter into a new Covenant on the same terms and conditions set forth herein for the balance of the Operating Period. In the event of any assignment that is consented to in writing by the City, the references in this Covenant to "Owner" shall be deemed to refer to the assignee. 6.4 Counterparts. This Covenant may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 6.5 Legal Actions. This Covenant shall be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of law principles. In addition to any other rights or remedies and subject to the restrictions in Section 5, either Party may institute legal action to seek specific performance of the terms of this Operating Covenant, or to cure, correct or remedy any default, or to obtain any other legal or equitable remedy consistent with the purpose of this Covenant. City shall also have the right to pursue damages for Owner's defaults but in no event shall Owner be entitled to damages of any kind from City, except for damages for out-of-pocket costs incurred by Owner paid or payable to attorneys, third party consultants; contractors, and similar parties resulting from nonperformance by City of its covenants under this Covenant but excluding damages for economic loss, lost profits, or any other economic or consequential damages of any kind. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. In the event of any litigation between the parties hereto, the prevailing party shall be entitled to receive, in addition to the relief granted, its reasonable attorney's fees and costs and such other costs incurred in investigating the action and prosecuting the same, including costs for expert witnesses, costs on appeal, and for discovery. 6.6 Effect of Violation of the Terms and Provisions of this Covenant. The covenants established in this Covenant shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Covenant shall remain in effect for the periods of time specified therein. The City is deemed the beneficiary of the terms and provisions of this Covenant and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Covenant and the covenants running with the land have u- 30" -12- been provided. The Covenant and the covenants shall run in favor of the City, without regard to whether the City has been, remains, or is an owner of any land or interest therein in the Site. The City shall have the right, if the Covenant or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Covenant and covenants may be entitled. 6.7 Force Majeure. Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall a Party be deemed to be in Default of its obligations set forth herein where delays or failures to perform are caused by circumstances without the fault and beyond the reasonable control of such Party, which circumstances shall include, without limitation, fire/casualty losses; strikes; litigation; unusually severe weather; inability to secure necessary labor, materials, or tools; delays of any contractor, subcontractor, or supplier; unjustified acts or failure to act by City or other governmental agency; litigation by third parties challenging the validity or enforceability of the Agreement or this Covenant; and acts of God (collectively, "force majeure"). Adverse market conditions or Owner's inability to obtain financing or approval to operate the Hotel shall not constitute events of force majeure. In the event of an event of force majeure, the Party so delayed shall notify the other Party of the circumstances and cause of the delay within a reasonable time period after commencement of the delay, it shall keep the other Party informed at reasonable intervals upon request regarding the status of its efforts to overcome said delay, and it shall exercise commercially reasonable diligence to perform as soon as practicable thereafter. 6.8 Notices. Notices to be given by City or Owner hereunder may be delivered personally or may be delivered by certified or registered mail, postage prepaid, or by reputable overnight delivery service providing a delivery confirmation receipt with time and date of delivery, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth in the confirmation or certification receipt. If notice is to City: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Mr. Tom Genovese, City Manager with a copy to: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: M. Katherine Jenson, City Attorney and to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attention: James D. Vaughn, Esq. -13- 303 If notice to Owner: Village Resort, LLC 601 Riverside Avenue Jacksonville, FL 32204 Attention: Fred Parvey, Managing Member with a copy to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Timothy B. McOsker, Esq. and to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Roger H. Howard, Esq. 6.9 Further Acts. Each Party agrees to take such further actions and to execute such other documents as may be reasonable and necessary in the performance of its obligations hereunder; reserving to City, however, its lawful discretionary and police power authority. Without limiting the generality of the foregoing, upon the expiration or termination of the Operating Period, City will execute and deliver such instruments as may be prepared by Owner at Owner's expense to release the cloud upon title to the Site created by this Covenant; provided, however, that any such document shall be in a form reasonably acceptable to the City Attorney of City. 6.10 Third Party Beneficiaries. With the exception of the specific provisions set forth in this Covenant for the benefit of Holder, there are no intended third party beneficiaries under this Covenant and no such other third parties shall have any rights or obligations hereunder [Remainder of this page intentionally left blank.] SEE IN WITNESS WHEREOF, the Parties have executed this Covenant to be effective as of the Effective Date. ATTEST: "CITY" CITY OF LA QUINTA, a California municipal corporation M. , By: DEBORAH H. POWELL, Interim City Clerk APPROVED AS TO FORM: By: James D. Vaughn, Special Counsel Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP APPROVED AS TO FORM: Thomas P. Genovese, City Manager "VILLAGE RESORT" VILLAGE RESORT, LLC, a California limited liability company Fred Parvey, Managing Member Timothy B. McOsker, Esq. Christensen, Glaser, Fink, Jacobs, Weil & Shapiro -15- STATE OF FLORIDA ) )SS COUNTY OF 1 On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF 1 On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their,authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] Notary Public -16- STATE OF CALIFORNIA ) ) ss COUNTY OF 1 On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] Notary Public -17- 307 EXHIBIT "A" LEGAL DESCRIPTION OF SITE PARCEL 6 OF PARCEL MAP 29909, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, AS PER MAP RECORDED IN BOOK 200, PAGES 84 AND 85 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER. c&ty/ 4 a Q" MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: September 5, 2006 �� r SUBJECT: Revised Recommendation on Consent Calendar Item 20 The City of La Quinta reached final agreement with Village Resort, LLC, on Friday, August 25 on the contract language that appears on today's City Council Agenda. On Saturday, August 26, the agreement was sent to the attorneys for Village Resorts LLC. On September 1, the City's Special Counsel was notified of a change in the description of Village Resort in relationship with Chicago Title. The relationship was previously described as a "subsidiary" of Chicago Title; but in actuality, is an affiliate of Chicago Title. To date, the City has received only the attached letter (Attachment 1) describing the relationship between Village Resort, LLC, and Chicago Title. Additional information in the form of an Operating Agreement and Statement of Information are needed from the standpoint of due diligence. Based on the above circumstances, staff believes it is prudent to change its recommendation to the following: Approve the revised agreement, subject to review and approval by the City Manager and the City's legal counsel, of supporting documentation that illustrates the relationship between Chicago Title Insurance Company and Village Resorts, LLC, including, without limitation, Village Resort's Operating Agreement and a conformed copy of its most recently filed Statement of Information. The revised agreement is attached (Attachment 2). Attachments 319 LAW OFFICES ATTACHMENT 1 CHRISTENSEN, GLASER, FINK, JACOBS, WEIL & SHAPIRO, LLP 10250 CONSTELLATION BOULEVARD NINETEENTH FLOOR Los ANGELES, CALWORNIA 90067 (31 O) 553-3000 FAX (310) 556-2920 DIRECT DIAL NUMBER 6263 (310) aez 6z63 September 1, 2006 IP! MERITAS LAW FIRMS WORLDWIDE EMAIL: 9TYERMAN0CHRISGLASE.COM VIA EMAIL AND FACSIMILE Samuel E. Gasowski, Esq. Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Re: Relationship of Village Resort, LLC to Chicano Title Insurance Company, Dear Sam: As you know, we represent Village Resort, LLC, a California limited liability company ("Village Resort'). The purpose of this letter is to illustrate the relationship between Chicago Title Insurance Company ("Chicago Title") and Village Resort. Chicago Title and Village Resort are related as follows: (1) Fidelity National Financial, Inc., a Delaware corporation ("FNF" ), owns one hundred percent (100%) of Fidelity National Title Group, Inc., a Delaware corporation ("FNTG"), who in turn owns one hundred percent (100%) of Chicago Title and Trust Company, an Illinois corporation ("CTT"), who in turn owns one hundred percent (100%) of Chicago Title. (2) FNF owns hundred percent (100%) of FNTG, who in turn owns one hundred percent (100%) of CTT, who in turns owns one hundred percent (100%) of Ticor Title Insurance Company, a California corporation ("Ticor"), who in turn owns one hundred percent (100%) of Village Resort. 473241 310 v Samuel E. Gasowski, Esq. September 1, 2006 Page 2 The following diagram depicts the relationship of Chicago Title and Village Resort: Should you have any questions with respect to the foregoing, please do not hesitate to contact me. iWEIL truly yours, M. Tyerm for CHRISGLASER FI , JACOBS, SHAPIRO, cc: Mr. Fred Parvey Timothy B. McOsker, Esq. Roger H. Howard, Esq. 473241 ATTACHMENT 2 AGREEMENT TO SHARE TRANSIENT OCCUPANCY TAX REVENUE This AGREEMENT TO SHARE TRANSIENT OCCUPANCY TAX REVENUE (the "Agreement") is entered into this day of , 2006, by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and VILLAGE RESORT, LLC, a California limited liability company ("Village Resort") (individually a "Party" and collectively the "Parties"). RECITALS A. Village Resort, an affiliate of Chicago Title Insurance Company ("Chicago Title"), owns fee title to that certain real property consisting of approximately 6.81 acres of land area located at 50-777 Santa Rosa Plaza, in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" (the "Site"). B. Village Resort has developed on the Site a hotel containing 146 guest rooms, a conference center and other related amenities (the "Hotel"). Village Resort has obtained the necessary rights and intends to operate the Hotel under the flagship name "Embassy Suites." The Hotel, as defined herein, does not include the 144 adjacent casitas. C. In consideration for Village Resort's conveyance to City of the interest in the Site set forth in the "Covenant" (as defined hereinbelow), City has agreed to make certain periodic payments to Village Resort in an amount equal to a portion of the transient occupancy tax generated by the Hotel (the "Transient Occupancy Tax"), subject to and in accordance with the other terms and conditions set forth in this Agreement and the Covenants, Conditions, and Restrictions Affecting Interests in Real Property attached hereto as Exhibit "B" (the "Covenant"). D. By its approval of this Agreement, the City Council of City has found and determined as follows: (i) the value to the City, of Village Resort's performance of its obligations set forth in the Covenant in each fiscal year during which City payments are to be made (in terms of economic revitalization, generation of additional local tax revenues that will help to fund vital public services, provision of expanded and more accessible hotel guest rooms and related amenities for persons wishing to visit the City for business or pleasure, and job growth and retention) will be not less than the amount of such payments; and (ii) that the imposition of the covenants and use restrictions upon the Site pursuant to the Covenant in exchange for the payments to be made by City constitutes a valid public purpose. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Village Resort hereby agree as follows: 312 1. Defined Terms. Any capitalized terms contained in this Agreement, which are not defined in this Agreement, shall have the meanings ascribed to such terms in the Covenant. 2. Execution and Recordation of Covenant. Concurrently with City's and Village Resort's execution of this Agreement, Village Resort shall fill in the blanks, date, and execute the Covenant in recordable form and Village Resort shall record the Covenant against the Site and provide a copy of the recorded Covenant to City. City agrees to cooperate in the recordation of the Covenant against the Site, at no cost to City, and the City Manager or his designee is hereby authorized on behalf of City to execute all documents and take all actions necessary or appropriate to implement this Agreement. 3. Termination of Agreement. This Agreement shall automatically terminate and be of no further force or effect upon termination of the Covenant, in accordance with the terms thereof. 4. Assignment. Village Resort shall not assign, hypothecate, encumber, or otherwise transfer its rights and obligations set forth in this Agreement and the Covenant to any other person or entity without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion. 5. Cooperation in the Event of Legal Challenge; Validation Action. In the event any third party files an action seeking to invalidate this Agreement or the Covenant or seeking any equitable remedy that would prevent the full performance hereof or thereof, City and Village Resort agree to cooperate in the defense of such action. Village Resort shall pay all of the City's costs and expenses (including attorneys' fees) and the City shall have the sole right to select its legal counsel. Such cooperation shall include, without limitation: (i) an agreement by each Party to not default or allow a compromise of said action without the prior written consent of the other Party; (ii) an agreement by each Party to make available to the other Party all non - privileged information necessary or appropriate to conduct the defense of the action; and (iii) an agreement by each Party to make available to the other Party, without charge, any witnesses within the control of the first Party upon reasonable notice who may be called upon to execute declarations or testify in said action. In addition to the foregoing, if Village Resort delivers a written request for such action to City (c/o the City Manager) not later than thirty (30) days after the date the City Council of City approves this Agreement at a public meeting, City shall file an action in Riverside County Superior Court pursuant to California Code of Civil Procedure Section 860 et seq. to validate this Agreement and the Covenant and each and every one of its and their provisions. In such event, City and Village Resort shall reasonably cooperate in drafting the complaint, briefs, the proposed judgment of validation, and such other pleadings, documents, and filings as may be required or desirable in connection with the validation action. City and its legal counsel shall file and prosecute the validation action, but shall reasonably coordinate and cooperate with Village Resort concerning the drafting of pleadings and other documents and with regard to the litigation strategy to be employed. Village Resort and/or Chicago Title shall reimburse City within fifteen (15) days after written demand therefor for all costs ("Costs") of the validation action. Costs include without limitation, attorney's fees, filing fees and court reporter fees (if any), costs of publication and to effectuate service of process, reasonable photocopying and other reproduction -2- 313 charges, travel time and mileage expenses, and other costs and expenses reasonably incurred by City. In the event of an appeal of such action, the Parties shall cooperate with respect to the appeal to the same extent as at the Superior Court level of the proceedings. Upon the entry of a final non -appealable judgment of any court with jurisdiction invalidating or enjoining the performance of any material covenant set forth in this Agreement or the Covenant, this Agreement and the Covenant shall automatically terminate without the need of further action by either Party. 6. Compliance with Laws. During the entire Operating Period, Village Resort shall operate the Hotel on the Site in conformity with all valid and applicable federal, state (including without limitation the California Civil Code, the California Government Code, the California Health & Safety Code, the California Labor Code, the California Public Resources Code, and the California Revenue & Taxation Code), and local laws, ordinances, and regulations, provided that Village Resort does not waive its right to challenge the validity or applicability thereof to Village Resort or the Site. The operation of the Hotel shall be in compliance with the requirements of the Conditional Use Permit issued by the City for the Hotel. Nothing herein constitutes a representation or warranty by City that the construction of the Hotel is not a "public work" or otherwise subject to California Health and Safety Code Sections 33423 through 33426, or Chapter 1 of Part 7 of the California Labor Code (commencing with section 1720), and all applicable statutory and regulatory provisions related thereto, and Village Resort expressly waives any right of reimbursement for any "increased costs" under California Labor Code Section 1781 or otherwise with respect to the Hotel or Village Resort's development thereof. Village Resort shall indemnify, defend, and hold the City and the City's representatives, volunteers, officers, officials, members, employees, and agents harmless, including, but not limited to, litigation costs, expert witness fees, and reasonable attorneys' fees, from and against any and all claims pertaining to the payment of wages in connection with Village Resort's development of the Hotel on the Site or failure to comply with federal or state labor laws, regulations, or standards. 7. Integration and Amendment. This Agreement and the Covenant attached hereto constitute the entire Agreement by and between the Parties pertaining to the specific subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Agreement may not be modified, amended, or otherwise changed except by a writing executed by both Parties. 8. Notices. Notices to be given by City or Village Resort hereunder may be delivered personally or may be delivered by certified mail or by reputable overnight delivery service providing a delivery confirmation receipt, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth in the confirmation or certification receipt. If notice is to City: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Tom Genovese, City Manager with a copy to: Rutan & Tucker 611 Anton Boulevard, Suite 14000 Costa Mesa, CA 92626 Attention: M. Katherine Jenson, City Attorney and to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attention: James D. Vaughn, Esq. If notice to Village Resort: Village Resort, LLC 601 Riverside Avenue Jacksonville, FL 32204 Attention: Fred Parvey, Managing Member with a copy to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Timothy B. McOsker, Esq. and to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Roger H. Howard, Esq. 9. Counterparts. This Agreement may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 10. Legal Actions. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of law principles. In addition to any other rights or remedies and subject to the restrictions in Section 5, either Party may institute legal action to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any default, or to obtain any other legal or equitable remedy consistent with the purpose of this Agreement. City shall also have the right to pursue damages for Village Resort's defaults but in no event shall Village Resort be entitled to damages of any kind from City, except for damages for out-of-pocket costs incurred by Village Resort paid or payable to attorneys, third party consultants, contractors, and similar parties resulting from nonperformance by City of its covenants under this Agreement but excluding damages for -4- �' 315 economic loss, lost profits, or any other economic or consequential damages of any kind. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. In the event of any litigation between the parties hereto, the prevailing party shall be entitled to receive, in addition to the relief granted, its reasonable attorney's fees and costs and such other costs incurred in investigating the action and prosecuting the same, including costs for expert witnesses, costs on appeal, and for discovery. 11. Nonliability of City Officials. No member, official or employee of the City shall be personally liable to Village Resort, 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 Village Resort or its successors, or on any obligations under the terms of this Agreement. IN WITNESS WHEREOF, City and Village Resort have executed this Agreement to be effective as of the date first set forth above. "City" CITY OF LA QUINTA, a California municipal corporation By: Thomas P. Genovese, City Manager ATTEST: By: DEBORAH H. POWELL, Interim City Clerk APPROVED AS TO FORM: By: James D. Vaughn, Special Counsel Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP -5- 316 APPROVED AS TO FORM: "Village Resort" VILLAGE RESORT, LLC, a California limited liability company Fred Parvey, Managing Member By: Timothy B. McOsker Christensen, Glaser, Fink, Jacobs, Weil & Shapiro u 317 no EXHIBIT "A" LEGAL DESCRIPTION OF SITE PARCEL 6 OF PARCEL MAP 29909, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, AS PER MAP RECORDED IN BOOK 200, PAGES 84 AND 85 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER. EXHIBIT `B" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attention: James D. Vaughn, Esq. [Space above for recorder.] EXEMPT FROM RECORDER'S FEE PER GOV. CODE §27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV. & TAX. CODE § 11922 Signature of Declarant or Agent determining tax — Firm Name COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY This COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY (the "Covenant") is entered into as of this day of , 2006, by and between the CITY OF LA QUINTA, a California municipal corporation ("City"), and Village Resort, LLC, a California limited liability company ("Owner") (individually a "Party" and collectively the "Parties"). RECITALS A. Owner is the owner of that certain real property consisting of approximately 6.81 acres of land area located at 50-777 Santa Rosa Plaza, in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site"). B. Owner has developed on the Site a hotel containing 146 guest rooms, a spa, conference center, and other related amenities (the "Hotel"). Owner has obtained the necessary rights to operate the Hotel under the flagship name of "Embassy Suites." The Hotel, as defined herein, does not include the 144 adjacent casitas. 319 C. Concurrently herewith, City and Owner have entered into that certain unrecorded Agreement to Share Transient Occupancy Tax Revenue (the "Agreement") which provides for the recordation of this Covenant against the Site. D. Owner shall operate the Hotel on the Site, pursuant to all applicable laws, ordinances, and regulations. E. In consideration for Owner's rights and obligations set forth in the Agreement and within this Covenant, City has agreed to make certain payments to Owner, the amount of which is measured by the "Transient Occupancy Tax" (as that term is defined below) generated by the operation of the Hotel on the Site. City and Owner have agreed that the portion of Transient Occupancy Tax required to be paid by City to Owner hereunder during each Quarter of the Operating Period provided for herein is a fair exchange for the consideration to be furnished by Owner to City in that Quarter. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Owner hereby agree as follows: 1. DEFINED TERMS. The following terms when used in this Covenant shall have the meanings set forth below: The term "Agreement" shall have the meaning ascribed in Recital C of this Covenant. The term "Commencement Date" shall have the meaning ascribed in Section 2 of this Covenant. The term "Covenant Payments" shall mean the amounts to be paid by City to Owner with respect to each Quarter of the Operating Period. The term "Covenant Payments Cap Amount" shall have the meaning ascribed in Section 4.1.1(b) of this Covenant. The term "Default" shall have the meaning ascribed in Section 5.1 of this Covenant. The term "Effective Date" shall mean the date this Covenant is executed by the latter of the two Parties to sign, which date shall be inserted in the preamble to this Covenant. The term "Fiscal Year" shall mean City's fiscal year, which commences on July 1 and ends on the next succeeding June 30. The term "Holder" shall have the meaning ascribed in Section 5.1(b) of this Covenant. -2- 320 The term "Hotel" shall have the meaning described in Recital B. The term "Operating Period" refers to the period between the Commencement Date and the Termination Date. The term "Quarter" shall mean any of the three (3) month periods during a Fiscal Year commencing July 1, October 1, January 1, or April 1. The term "Transient Occupancy Tax" means, for a given month, or part thereof, during the Operating Period, that portion of transient occupancy taxes reported and remitted by Owner to City pursuant to Chapter 3.24 of the La Quinta Municipal Code, that are generated from the use and occupancy of guest rooms in the Hotel. Notwithstanding anything herein to the contrary, Transient Occupancy Tax shall not include any interest or penalty that has been paid by Owner pursuant to Chapter 3.24 of the City's Municipal Code, and any costs the City incurs in enforcing Chapter 3.24 of the City's Municipal Code or any provision of this Agreement shall be deducted from the amount of Transient Occupancy Tax that is received by the City prior to calculating the amount of a Covenant Payment. The term "Site" shall have the meaning ascribed in Recital A of this Covenant. The term "Termination Date" shall mean the date that is the earliest of (i) the date that is five (5) years following the Commencement Date; (ii) the date that the Covenant Payments Cap Amount is paid in full; or (iii) the date on which this Covenant is terminated pursuant to Sections 2, 5.2 or 5.3, as applicable. CONDITION TO OWNER'S RIGHT TO RECEIVE COVENANT PAYMENTS. As a condition to Owner's right to receive the Covenant Payments, Owner shall be required to (i) complete construction of the Hotel in accordance with all applicable requirements, as evidenced by City's issuance of a permanent and final certificate of occupancy; and (ii) open the Hotel and commence operations. The obligations set forth in clauses (i) and (ii) above are hereinafter referred to as the "City's Conditions to Payment." The day on which the City's Conditions to Payment are satisfied shall constitute the "Commencement Date" (unless such date occurs before the execution of this Covenant, in which case the Commencement Date shall constitute the date upon which this Covenant is fully executed by both parties) at which time Owner's obligations pursuant to Section 3 of this Covenant and City's obligations pursuant to Section 4 of this Covenant shall commence. Notwithstanding any other provision set forth in this Covenant, and subject to extension for events of force majeure as provided in Section 6.7, if, by September 15, 2006, Owner has not satisfied the City's Conditions to Payment, either party may terminate this Covenant by delivery of written notice of termination to the other Party and, in such event, neither Party shall have any further rights against or obligations to the other Party arising out of this Covenant. Owner's obligations to continuously operate the Hotel until the Termination Date, as described in Section 3.1 below, shall be a condition to the receipt of Covenant Payments during the Operating Period. -3 3 21 3. OWNER'S OBLIGATIONS. 3.1 Continuous Operation. During the first three (3) years of the Operating Period, Owner covenants and agrees to continuously operate the Hotel on the Site (subject to temporary interruptions for casualty losses, repairs, and the like, provided, however, that no such interruptions shall continue for more than five days without the City's prior written consent, which consent may be withheld in City's sole and absolute discretion during the entire Operating Period). 3.2 Use Restriction. During the entire Operating Period, the Site shall not be put to any use other than the operation of the Hotel, and such use shall qualify as a transient occupancy use under Chapter 3.24 of the City's Municipal Code. 3.3 Maintenance and Repair of Site and Hotel,• Landscaping. (a) During the entire Operating Period, Owner, at its sole cost and expense, shall keep and maintain the Site and the improvements thereon and all facilities appurtenant thereto in first class condition and repair, in accordance with the "Maintenance Standards" (as that term is hereinafter defined). Said improvements shall include, but not be limited to, buildings, sidewalks, pedestrian lighting, landscaping, irrigation of landscaping, architectural elements identifying the Site owner and any and all other improvements on the Site. (b) To accomplish the maintenance, Owner shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Covenant. (c) The following standards ("Maintenance Standards") shall be complied with by Owner and its maintenance staff, contractors or subcontractors: 1. Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. 2. Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. -4- 3�2 3. All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance. 4. Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access. 5. The Site and Hotel shall be maintained in conformance and in compliance with the approved Site construction and architectural plans and design scheme, and reasonable commercial development maintenance standards for similar projects, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. 6. The Site and Hotel shall be maintained as required by this Section in good condition and in accordance with the custom and practice generally applicable to comparable business hotels located in Riverside County. During the Operating Period, Owner shall not abandon any portion of the Site or leave the Site unguarded or unprotected, and shall not otherwise act or fail to act in such a way as to unreasonably increase the risk of any damage to the Site or of any other impairment of City's interest set forth in this Covenant. 3.4 Failure to Maintain Site and Hotel. In the event Owner does not maintain the Site or the Hotel in the manner set forth herein and in accordance with the Maintenance Standards, City shall have the right, but not the obligation, to maintain such private and/or public improvements, or to contract for the correction of such deficiencies, after written notice to Owner. However, prior to taking any such action, City agrees to notify Owner in writing if the condition of said improvements do not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Owner to cure the deficiencies. Upon notification of any maintenance deficiency, Owner shall have thirty (30) days within which to correct, remedy or cure the deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City, then Owner shall have forty-eight (48) hours to rectify the problem. In the event Owner fails to correct, remedy, or cure or has not commenced correcting, remedying or curing such maintenance deficiency after notification and after the period of correction has lapsed, then City shall have the right to maintain such improvements. Owner agrees to pay City such charges and costs. Until so paid, City shall have a lien on the Site for the amount of such charges or costs, which lien shall be perfected by the recordation of a "Notice of Claim of Lien" against the Site. Upon recordation of a Notice of a Claim of Lien against the Site, such lien shall constitute a lien on the fee estate in and to the Site prior and superior to all other monetary liens except: (i) all taxes, bonds, assessments, and other levies which, by law, would be superior thereto; (ii) the lien or charge of any mortgage, deed of trust, or other security interest then of record made in good faith and for value, it being understood that the priority of -5- 3 023 any such lien for costs incurred to comply with this Covenant shall date from the date of the recordation of the Notice of Claim of Lien. Any lien in favor of City created or claimed hereunder is expressly made subject and subordinate to any mortgage or deed of trust made in good faith and for value, recorded as of the date of the recordation of the Notice of Claim of Lien describing such lien as aforesaid, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of any such mortgage or deed of trust, unless the mortgage or beneficiary thereunder expressly subordinates his interest, of record, to such lien. Upon foreclosure of any mortgage or deed of trust made in good faith and for value and recorded prior to the recordation of any unsatisfied Notice of Claim of Lien, the foreclosure -purchaser shall take title to the Site free of any lien imposed by City that has accrued up to the time of the foreclosure sale, and upon taking title to the Site, such foreclosure -purchaser shall only be obligated to pay costs associated with this Covenant accruing after the foreclosure -purchaser acquires title to the Site. Owner acknowledges and agrees City may also pursue any and all other remedies available in law or equity. Owner shall be liable for any and all attorneys' fees, and other legal costs or fees incurred in collecting said maintenance costs. 3.5 Compliance with Laws. During the entire Operating Period, Owner shall operate the Hotel on the Site in conformity with all valid and applicable federal, state (including without limitation the California Civil Code, the California Government Code, the California Health & Safety Code, the California Labor Code, the California Public Resources Code, and the California Revenue & Taxation Code), and local laws, ordinances, and regulations, provided that Owner does not waive its right to challenge the validity or applicability thereof to Owner or the Site. The operation of the Hotel shall be in compliance with the requirements of the Conditional Use Permit issued by the City for the Hotel. Nothing herein constitutes a representation or warranty by City that the construction of the Hotel is not a "public work" or otherwise subject to California Health and Safety Code Sections 33423 through 33426, or Chapter 1 of Part 7 of the California Labor Code (commencing with section 1720), and all applicable statutory and regulatory provisions related thereto, and Owner expressly waives any right of reimbursement for any "increased costs" under California Labor Code Section 1781 or otherwise with respect to the Hotel or Owner's development thereof. Owner shall indemnify, defend, and hold the City and the City's representatives, volunteers, officers, officials, members, employees, and agents harmless, including, but not limited to, litigation costs, expert witness fees, and reasonable attorneys' fees, from and against any and all claims pertaining to the payment of wages in connection with Owner's development of the Hotel on the Site or failure to comply with federal or state labor laws, regulations, or standards. 3.6 Non -Discrimination. In the opening and operation of the Hotel, Owner agrees not to violate applicable laws that prohibit discrimination against any person or class of persons by reason of gender, marital status, race, color, creed, mental or physical disability, religion, age, ancestry, or national origin. 3.7 Indemnification of City. Owner shall defend, indemnify, assume all responsibility for, and hold the City, and the City's representatives, volunteers, officers, officials, members, employees and agents, harmless from any and all claims, demands, damages, defense costs or liability of any kind (including attorneys' fees and costs), that arise from Owner's -6- U, 4 operation of the Hotel on the Site or which may be caused by any acts or omissions of the Owner under this Covenant, whether such activities or performance thereof be by Owner or by anyone directly or indirectly employed or contracted with by Owner and whether such damage shall accrue or be discovered before or after termination of this Covenant. 4. OBLIGATIONS OF CITY. 4.1 Covenant Payments to Owner. 4.1.1 Amount of Covenant Payments; Cap. In consideration for Owner's undertakings pursuant to this Covenant, City shall make the following payments (each, a "Covenant Payment") to Owner at the end of each Quarter (or part thereof) during the Operating Period: (a) Subject to subparagraph (b) below, the Covenant Payments with respect to each Quarter shall be in an amount equal to forty percent (40%) of the Transient Occupancy Tax for that Quarter, except that in the Quarter during which the Termination Date occurs, the Covenant Payment shall be prorated such that City shall only pay to Owner 40% of Transient Occupancy Tax for the period between the first day of such Quarter and the Termination Date. (b) Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall the total amount of Covenant Payments made by City to Owner exceed the sum of One Million Dollars ($1,000,000) (the "Covenant Payments Cap Amount"). In this regard, it is understood and agreed that the. Covenant Payments are in consideration of Owner's performance during each Quarter of the Operating Period and are not repayments of a loan. (c) Notwithstanding any other provision set forth in this Covenant to the contrary, even in the event the Covenant Payments Cap Amount has not been reached at the end of the Operating Period, City shall have no further obligation after that time to make additional Covenant Payments. 4.1.2 Source of Payments. The Covenant Payments shall be payable from any source of funds legally available to City, including City's general fund. In this regard, it is understood and agreed that the Transient Occupancy Tax that is generated from the Hotel on the Site is being used merely as a measure of the amount of the Covenant Payments that are periodically owing by City to Owner, and that City is not pledging any portion of the Transient Occupancy Tax generated from the Site to Owner. 4.1.3 Payment Procedure. Not later than thirty (30) days after the Transient Occupancy Tax for the Hotel is reported and remitted to City by Owner for the final month in each Quarter, or portion thereof, during the Operating Period, City shall pay the Covenant Payment for said Quarter, or portion thereof, to Owner. Each such payment shall be accompanied by a statement identifying (i) the amount of Transient Occupancy Tax upon which the Covenant Payment amount was calculated; and (iii) a cumulative total comparing how the Covenant Payment in question, together with all prior Covenant Payments, relate to the Covenant Payment Cap Amount. For example, if Owner files a report and remits the Transient -7- 1) � U 0"5 Occupancy Tax generated during the month of December, 2006, on January 15, 2007, then City shall provide the quarterly Covenant Payment for the October -November -December 2006 Quarter by February 14, 2007. It is understood that the amount of City's quarterly Covenant Payments to Owner shall be based upon the amount of Transient Occupancy Tax that City shall have actually received from Owner. In addition, if after any such quarterly payment is made, either City or Owner obtains information that the amount of City's payment was in error, including, without limitation, by reason of overpayment of tax, or by erroneous or illegal collection or receipt by the City, the Party obtaining such information shall promptly notify the other Party and shall provide such detailed information as may be necessary to explain the discrepancy. The discrepancy then shall be taken into consideration by means of an adjustment to the next quarterly payment to be made by City (either an additional payment in the event City has underpaid a prior Covenant Payment that is due or a credit against the subsequent Covenant Payment in the event City has overpaid); provided, however, that in the event an adjustment needs to be made in excess of Ten Thousand Dollars ($10,000), the Party entitled to said sum shall be entitled to deliver a written notice to the other Party requesting an immediate adjustment and in such event the other Party shall make an appropriate payment within fifteen (15) days from receipt of said notice. 4.1.4 Books and Records. Upon the written request of either Party, the other Party shall make available for inspection (at City Hall in the event of a review of City records and at Owner's place of business in La Quinta in the event of a review of Owner's records) such of its books and records as the requesting Party may reasonably determine must be reviewed in order to determine whether the correct amount of Covenant Payments have been made or are being made hereunder. Notwithstanding the foregoing, City shall not be required to produce any books or records that it is prohibited from producing by law and Owner shall not be required to produce information that violates the statutorily prescribed privacy rights of individual customers. 4.1.5 No Acceleration; Prepayment. It is acknowledged by the Parties that any payments by City provided for in this Covenant are in consideration for the performance by Owner during the time period(s) for which payments are due. Therefore, City's failure to timely make any payments or City's failure to perform any of its other obligations hereunder shall not cause the acceleration of any anticipated future Covenant Payments by City to Owner. To the maximum extent permitted by law, City shall be permitted to prepay any of the Covenant Payments without penalty. 4.2 Additional Condition Precedent to City's Obligations. In addition to the provisions set forth in Section 2 of this Covenant, City's obligation to make the Covenant Payments pursuant to Section 4.1 of this Covenant for any Quarter during the Operating Period shall be contingent and conditional upon Owner's performance of its obligations set forth in Section 3 of this Covenant during such Quarter. 5. DEFAULTS AND REMEDIES. 5.1 Defaults. (a) Subject to Section 6.7 of this Covenant, the occurrence of any of the following shall constitute a Default: (i) the failure by either Party to perform any obligation of such Party for the payment of money under this Covenant if such failure is not cured within fifteen (15) calendar days after the nonperforming Party's receipt of written notice from the other Party that such obligation was not performed when due; or (ii) the failure by either Party to perform any of its obligations (other than obligations described in clause (i) of this Section 5.1) set forth in this Covenant, if such failure is not cured within thirty (30) days or, if such failure is of a nature that cannot reasonably be cured within thirty (30) days, the failure by such Party to commence such cure within thirty (30) days and thereafter diligently prosecute such cure to completion; or (iii) any material representation or warranty by a Party set forth in this Covenant proves to have been incorrect in any material respect when made; or (iv) the Hotel is materially damaged or destroyed by fire or other casualty during the Operating Period and Owner fails to commence restoration of the improvements within a reasonable time or thereafter fails to diligently proceed to complete such restoration in accordance with this Covenant; or (v) Owner makes any total or partial sale, transfer, conveyance, assignment, subdivision, or lease of the whole or any part of the Site, the Hotel, and/or the Agreement or this Covenant without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion, or if any voluntary or involuntary successor -in -interest of the Owner acquires any rights or powers under the Agreement or this Covenant without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion; or (vi) Owner refinances any existing construction, permanent, or other loans encumbering the Site without the City's prior written consent, which consent the City may grant or withhold in its sole and absolute discretion; or (vii) Owner, or any Constituent member of Owner, is the subject of an order for relief for a bankruptcy court, or is unable or admits its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or Owner applies for or consents to the appointment of any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or any part of its property; or any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer is appointed without the application or consent of Owner and the appointment continues undischarged or unstayed for ninety (90) days; or Owner institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, custodianship, -9- 3 � 7 conservatorship, liquidation, rehabilitation or similar proceeding relating to it or any part of its property; or any similar proceeding is instituted without the consent of Owner and continues undismissed or unstayed for ninety (90) days; or any judgment, writ, warrant of attachment or execution, or similar process is issued or levied against the Site and is not released, vacated, or fully bonded within ninety (90) days after its issue or levy. (viii) Owner is enjoined or otherwise prohibited by any governmental agency from occupying the Site during the Operating Period and such injunction or prohibition continues unstayed for ninety (90) days or more for any reason. (b) In the event Owner fails, to perform any of its obligations under this Covenant and City sends a notice of such failure to Owner, concurrently therewith City shall send a copy of such notice to any mortgagee or deed of trust holder with respect to the Site (herein the "Holder") (the name and address of which Holder shall be furnished by Owner or such Holder to City) and the Holder shall have the same period of time as is available to Owner to remedy such breach or failure under this Covenant. City shall accept any proper cure of a breach or failure tendered by the Holder. 5.2 City's Remedies Upon Default by Owner. Upon the occurrence of any Default by Owner, and after Owner's receipt of written notice of default and expiration of the time for Owner to cure such Default as provided in Section 5.1, City may at its option: (i) suspend the payment of Covenant Payments otherwise due and payable to Owner hereunder for the period that Owner remains in Default. If City has so suspended its payments in accordance with the terms of this clause (i), then upon Owner's cure of such Default, City shall resume its payment obligations, but shall have no obligation to make payments for any Quarter or portion thereof during which City's obligation to make payments was so suspended; or (ii) if the Default continues uninterrupted for a period of six (6) months, City may terminate this Covenant, in which case City's obligation to make payments to Owner for any period of time after the occurrence of the Default shall be finally terminated and discharged. 5.3 Owner's Remedies Upon Default by City. Upon the occurrence of any Default by City, and after City's receipt of written notice of Default from Owner and expiration of the time for City to cure such Default as provided in Section 5.1, Owner may terminate this Covenant by written notice to City and/or seek whatever legal or equitable remedies may be available to Owner, subject to the provisions of Sections 4.1.5 and 6.5. 5.4 Cumulative Remedies: No Waiver. Except as expressly provided herein, the nondefaulting Party's rights and remedies hereunder are cumulative and in addition to all rights and remedies provided by law from time to time and the exercise by the nondefaulting Party of any right or remedy shall not prejudice such Party in the exercise of any other right or remedy. None of the provisions of this Covenant shall be considered waived by either Party except when such waiver is delivered in writing. No waiver of any Default shall be implied from any omission by City to take action on account of such Default if such Default persists or is repeated. No waiver of any Default shall affect any Default other than the Default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of this Covenant shall be construed as a waiver of any subsequent breach of the same provision. A Party's consent to or approval of any act by the other Party requiring further consent or approval shall not be deemed to waive or render unnecessary the consenting Party's consent to or approval of any subsequent act. A Party's acceptance of the late performance of any obligation shall not constitute a waiver by such Party of the right to require prompt performance of all further obligations. A Party's acceptance of any performance following the sending or fling of any notice of Default shall not constitute a waiver of that Party's right to proceed with the exercise of its remedies for any unfulfilled obligations. A Party's acceptance of any partial performance shall not constitute a waiver by that Party of any rights relating to the unfulfilled portion of the applicable obligation. 5.5 Limitations on City's Liability. Owner acknowledges and agrees that: (i) this Covenant shall not be deemed or construed as creating a partnership, joint venture, or similar association between Owner and City, the relationship between Owner and City pursuant to this Covenant is and shall remain solely that of contracting Parties, that the development and operation of the Hotel is a private undertaking, and City neither undertakes nor assumes any responsibility pursuant to this Covenant to review, inspect, supervise, approve, or inform Owner of any matter in connection with the development or operation of the Hotel on the Site other than as expressly provided for herein, including matters relating to architects, designers, suppliers, or the materials used by any of them; and Owner shall rely entirely on its own judgment with respect to such matters; provided, that nothing herein is intended to release City from whatever obligations it may have pursuant to applicable laws independent of this Covenant; (ii) by virtue of this Agreement, City shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property resulting from any construction on, or occupancy or use of, the Site, whether arising from: (a) any defect in any building, grading, landscaping, or other onsite or offsite improvement; (b) any act or omission of Owner or any of Owner's agents, employees, independent contractors, licensees, lessees, or invitees; or (c) any accident on the Site or any fire or other casualty or hazard thereon; and (iii) by accepting or approving anything required to be performed or given to City under this Covenant, including any certificate, survey, appraisal, or insurance policy, City shall not be deemed to have warranted or represented the sufficiency or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by City to anyone. 6. GENERAL PROVISIONS. 6.1 Integration and Amendment. This Covenant and the Agreement constitute the entire agreement by and between the Parties pertaining to the subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Covenant may not be modified, amended, supplemented, or otherwise changed except by a writing executed by both Parties. 6.2 Captions. Section headings used in this Covenant are for convenience of reference only and shall not affect the construction of any provisions of this Covenant. 3�9 w -11- 6.3 . Binding Effect; Successors and Assiens; Assignments. This Covenant shall run with the land and shall be binding upon and inure to the benefit of, the Parties hereto and their respective successors and assigns, as limited by this Section 6.3. Except as such assignment relates to Holder, the Owner shall not assign, hypothecate, encumber or otherwise transfer its rights or obligations as set forth in this Covenant without first obtaining the City's written consent, which may be given or denied or conditioned in the City's sole discretion. Owner may assign its right to receive the Covenant Payments to any Holder for security purposes. In the event of an assignment for security purposes to a Holder, City agrees that this Covenant be subordinated to the lien of said Holder's deed of trust or mortgage and City agrees to cooperate with Owner in executing an appropriate subordination agreement. In the event that the Holder forecloses on its deed of trust or mortgage or accepts a deed in lieu of foreclosure, then upon the request of such Holder or its successor or assignee, City agrees to enter into a new Covenant on the same terms and conditions set forth herein for the balance of the Operating Period. In the event of any assignment that is consented to in writing by the City, the references in this Covenant to "Owner" shall be deemed to refer to the assignee. 6.4 Counterparts. This Covenant may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 6.5 Legal Actions. This Covenant shall be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of law principles. In addition to any other rights or remedies and subject to the restrictions in Section 5, either Party may institute legal action to seek specific performance of the terms of this Operating Covenant, or to cure, correct or remedy any default, or to obtain any other legal or equitable remedy consistent with the purpose of this Covenant. City shall also have the right to pursue damages for Owner's defaults but in no event shall Owner be entitled to damages of any kind from City, except for damages for out-of-pocket costs incurred by Owner paid or payable to attorneys, third party consultants, contractors, and similar parties resulting from nonperformance by City of its covenants under this Covenant but excluding damages for economic loss, lost profits, or any other economic or consequential damages of any kind. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. In the event of any litigation between the parties hereto, the prevailing party shall be entitled to receive, in addition to the relief granted, its reasonable attorney's fees and costs and such other costs incurred in investigating the action and prosecuting the same, including costs for expert witnesses, costs on appeal, and for discovery. 6.6 Effect of Violation of the Terms and Provisions of this Covenant. The covenants established in this Covenant shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Covenant shall remain in effect for the periods of time specified therein. The City is deemed the beneficiary of the terms and provisions of this Covenant and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Covenant and the covenants running with the land have L) V -12- been provided. The Covenant and the covenants shall run in favor of the City, without regard to whether the City has been, remains, or is an owner of any land or interest therein in the Site. The City shall have the right, if the Covenant or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Covenant and covenants may be entitled. 6.7 Force Majeure. Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall a Party be deemed to be in Default of its obligations set forth herein where delays or failures to perform are caused by circumstances without the fault and beyond the reasonable control of such Party, which circumstances shall include, without limitation, fire/casualty losses; strikes; litigation; unusually severe weather; inability to secure necessary labor, materials, or tools; delays of any contractor, subcontractor, or supplier; unjustified acts or failure to act by City or other governmental agency; litigation by third parties challenging the validity or enforceability of the Agreement or this Covenant; and acts of God (collectively, "force majeure"). Adverse market conditions or Owner's inability to obtain financing or approval to operate the Hotel shall not constitute events of force majeure. In the event of an event of force majeure, the Party so delayed shall notify the other Party of the circumstances and cause of the delay within a reasonable time period after commencement of the delay, it shall keep the other Party informed at reasonable intervals upon request regarding the status of its efforts to overcome said delay, and it shall exercise commercially reasonable diligence to perform as soon as practicable thereafter. 6.8 Notices. Notices to be given by City or Owner hereunder may be delivered personally or may be delivered by certified or registered mail, postage prepaid, or by reputable overnight delivery service providing a delivery confirmation receipt with time and date of delivery, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth 'in the confirmation or certification receipt. If notice is to City: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Mr. Tom Genovese, City Manager with a copy to: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: M. Katherine Jenson, City Attorney and to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attention: James D. Vaughn, Esq. -13- If notice to Owner: Village Resort, LLC 601 Riverside Avenue Jacksonville, FL 32204 Attention: Fred Parvey, Managing Member with a copy to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Timothy B. McOsker, Esq. and to: Christensen, Glaser, Fink, Jacobs, Weil & Shapiro 10250 Constellation Blvd., Nineteenth Floor Los Angeles, CA 90067 Attention: Roger H. Howard, Esq. 6.9 Further Acts. Each Party agrees to take such further actions and to execute such other documents as may be reasonable and necessary in the performance of its obligations hereunder; reserving to City, however, its lawful discretionary and police power authority. Without limiting the generality of the foregoing, upon the expiration or termination of the Operating Period, City will execute and deliver such instruments as may be prepared by Owner at Owner's expense to release the cloud upon title to the Site created by this Covenant; provided, however, that any such document shall be in a form reasonably acceptable to the City Attorney of City. 6.10 Third Party Beneficiaries. With the exception of the specific provisions set forth in this Covenant for the benefit of Holder, there are no intended third party beneficiaries under this Covenant and no such other third parties shall have any rights or obligations hereunder [Remainder of this page intentionally left blank.] 332 -14- IN WITNESS WHEREOF, the Parties have executed this Covenant to be effective as of the Effective Date. "CITY" CITY OF LA QUINTA, a California municipal corporation LIM ATTEST: By: DEBORAH H. POWELL, Interim City Clerk APPROVED AS TO FORM: By: James D. Vaughn, Special Counsel Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP Thomas P. Genovese, City Manager "VILLAGE RESORT" VILLAGE RESORT, LLC, a California limited liability company Fred Parve , Managing Member APPROVED AS TO FORM: By: Timothy B. McOsker, Esq. Christensen, Glaser, Fink, Jacobs, Weil & Shapiro -15- 333 STATE OF FLORIDA ) ss COUNTY OF 1 On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] Notary Public -16- 334 STATE OF CALIFORNIA ) ss COUNTY OF 1 On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] Notary Public -17- 335 EXHIBIT "A" LEGAL DESCRIPTION OF SITE PARCEL 6 OF PARCEL MAP 29909, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, AS PER MAP RECORDED IN BOOK 200, PAGES 84 AND 85 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER. 336 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 5, 2006 BUSINESS SESSION: ITEM TITLE: Approval to Award a Contract to DBX, Inc., in the Amount of $263,644, for the CONSENT CALENDAR: Construction of the Avenue 47 at Adams Traffic STUDY SESSION: Signal Improvements, Project Number.2005-04 and Appropriate Funding PUBLIC HEARING: RECOMMENDATION: z/ Appropriate an additional $40,000 from Transportation Developer Impact Fee (DIF) in addition to the previously approved $175,000; appropriate $215,000 from Developer Contributions; and award a. Contract to DBX, Inc., in the amount of $263,644, for the construction of the Avenue 47 at Adams Traffic Signal Improvements, Project Number 2005-04. FISCAL IMPLICATIONS: The following represents the project's proposed funding and funding source: Transportation DIF Developer Contributions $215,000 $215,000 Total Funding: $430,000 Considering the low bid in the amount of $263,644 the following is the anticipated project budget: Construction: Design: Inspection/Test/Survey: Administration: Contingency: Total Anticipated Cost: $263,644 $17,500 $18,107 ,$8,750 $121,999 $430,000 On July, 5, 2006, the City Council adopted the updated Developer Impact Fee (DIF) Study. Among other things, the July 5, 2006 DIF Update amended the estimated costs for all transportation eligible improvements to reflect the current market condition. Of the transportation projects, the estimated overall cost of each traffic signal was increased from $175,000 to $430,000. The Adams Street at Avenue 47 Traffic Signal is included as an eligible DIF improvement. The updated DIF 007 0) identifies 50% of the cost ($215,000) to be paid for from developer impact fees. The remaining 50% is identified to come from other funding sources. As a condition of approval for the Auto Mall Specific Plan 97-029, the Auto Mall was conditioned to provide 50% of the funding necessary to design and construct the proposed traffic signal at Adams Street and Avenue 47. CHARTER CITY IMPLICATIONS: None. The project was advertised with prevailing wage requirements. BACKGROUND AND OVERVIEW: The project is located on Adams Street at its intersection with Avenue 47. The proposed improvements include the construction a new traffic signal. On February 1, 2005, the City Council approved a Professional Services Agreement (PSA), in the amount of $30,120, with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) for the Fiscal Year 2004/2005 Traffic Signal Improvement Program, Project No. 2004-07. On October 10, 2005, KOA's scope of work was amended to include the design of the proposed traffic signal on Adams Street at Avenue 47. On June 6, 2006, the City Council approved the plans, specifications, and engineer's estimate, and authorized staff to advertise for bid the Adams Street at Avenue 47 Traffic Signal Improvements, Project Number 2004-04. On July 10, 2006, one responsive qualified bid was received for the construction of this project from DBX, Inc. in the amount of $263,644, which was approximately six percent (6%) lower than the engineer's estimate. Contingent upon City Council approval to award a contract to construct the proposed improvements on September 5, 2006, the following is the project schedule: City Council Considers Construction Award September 5, 2006 Sign Contracts and Mobilize September 6-30, 2006 Construction October 2006 thru January 2007 Project Close-out/Acceptance February 2007 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Appropriate an additional $40,000 from the Transportation DIF in addition to the $175,000 previously appropriated; appropriate $215,000 from Developer Contributions; and award a Contract to DBX, Inc., in the amount of $263,644, for the construction of the Avenue 47 at Adams Traffic Signal Improvements, Project Number 2005-04; or 2. Do not appropriate an additional $40,000 from Transportation DIF in addition to the $175,000 previously appropriated; do not appropriate $215,000 from Developer Contributions; and do not award a Contract to DBX, Inc., in the amount of $263,644, for the construction of the Avenue 47 at Adams Traffic Signal Improvements, Project Number 2005-04; or 3. Provide staff with alternative direction. Respectfully submitted, (:4T'othy R. onas o , P.E. Public Works Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager TWivl 4 tP Qu&rcu COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering Services for the Jefferson Street Median Island Landscape Improvements, Project No. 2005-03 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: O� STUDY SESSION: PUBLIC HEARING: Approval to authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Jefferson Street Median Island Landscape Improvements, Project No. 2005-03; and appoint a Consultant Selection Committee. FISCAL IMPLICATIONS: The following represents the project's funding and funding sources: Transportation DIF: City of Indio: TE Funds Grand Total: $231,709* $1 10, 000 $445,190 $786,899 *These are preliminary numbers which will be finalized at the time of award. The following represents the anticipated project budget: Construction: Design: Professional: Inspection/Testing/Survey Administration: Contingency: Total: $513,452 $78,690 15,738 '$60,985 $39,344 78,690 340 CHARTER CITY IMPLICATIONS: The project is partially funded with Federal Transportation Enhancement (TE) funding and a portion of the project will be funded by the City of Indio. The project will be advertised with prevailing wage requirements. BACKGROUND AND OVERVIEW: The project is located within the median islands on Jefferson Street, between Highway 1 1 1 and Indio Boulevard. The project limits are jointly owned by the City of La Quinta (37%) and the City of Indio (63%). The proposed improvements consist of landscaping the newly constructed median islands on Jefferson Street using decomposed granite, rock, irrigation, drought tolerant ground cover, plants, shrubs, and trees. All plants, shrubs and trees are proposed to be native to the south-east desert basin. On September 6, 2005, the City Council adopted a resolution approving the submittal of a project application to the Riverside County Transportation Commission (RCTC) for Transportation Enhancement (TE) funds for the Jefferson Street Beautification Project. On November 10, 2005, the City was notified by RCTC Staff that the Commission approved the City's request for TE funding in the amount of $445,190 toward the Jefferson Street Beautification Project. The TE funds represent 70% of the estimated project costs. The Cities of Indio and La Quinta have agreed to provide a 30% funding match. The 30% match will be proportionately shared by the Cities, with La Quinta, contributing 37% and Indio contributing (63%) of the match funding. The City of Indio provided a written commitment to fund its share of the project costs on August 22, 2006. A Cooperative Agreement outlining each city's commitments and obligations has been prepared and will be submitted for both City Councils' consideration after the project is designed and project costs are better defined. The Jefferson Street Beautification Project was included by amendment in the 2006 Regional Transportation Improvement Plan (RTIP) in March 2006. Caltrans approved the project environmental document on May 9, 2006. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. In accordance with Resolution 96-80, the City Council is notified of the potential need to contract for professional services in excess of $10,000. Staff suggests the City Council appoint a Consultant Selection Committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer Nick Nickerson, Project Manager 341 Contingent upon City Council authorization to distribute the RFP (Attachment 1) on September 5, 2006, the following represents how the project is expected to proceed: Issue RFP Proposal Due Date Recommendations to City Council Project Design (4 months) FINDINGS AND ALTERNATIVES: September 6, 2006 October 5, 2006 October 17, 2006 November 2006 - February 2007 The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposal to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the Jefferson Street Median Island Landscape Improvements, Project No. 2005-03, and appoint a Consultant Selection Committee; or 2. Do not authorize staff to distribute a Request for Proposal to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the Jefferson Street Median Island Landscape Improvements, Project No. 2005-03, and do not appoint a Consultant Selection Committee; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. JoAass VorliCity PEPublic Works Direc Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal CITY OF LA QUINTA ATTACHMENT 1 REQUEST FOR PROPOSAL JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS The City of La Quinta requests proposals from qualified professional landscape architects to prepare plans, specifications and engineer's estimate (PS&E) for the Jefferson Street Median Island Landscape Improvements, City Project No. 2005-03. General Design Parameters The project is located on Jefferson Street from Indio Blvd. south to Fiesta Drive. The proposed landscape improvements include installation landscape and irrigation, and median island lighting. The landscape palette will be the City Council approved "desertscape" theme for primary image corridors. The design consultant will be responsible for providing an itemized engineer's estimate, bid schedule, bid item descriptions, payment methods, and technical provisions. Samples of these specification documents are available for review within the City of La Quinta Public Works Department. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Base sheets are to be prepared from existing "As -built" Street Improvements plans. • Perform utility coordination, identify points of connections, and obtain clearances. • Prepare project plans, specifications and engineer's estimates of probable construction costs. ■ Plans will likely include: Title Sheet, Landscape Planting Plan, Irrigation Plan, and Electrical Plan. ■ Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets. • Consultant coordination will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. Project Development Process 1. Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review The Concept Review: Consultant submits background sheets showing preliminary irrigation and landscape layouts. If permanent electric power is required on the project, IID's approved power source shall be shown on the plan. All utility conflicts must be noted at this time, so advance preparations for clearing the utilities can begin. It should be noted that the "concept review" stage frequently involves revisions and re -submittal before the consultant is authorized to proceed to the next stage. Getting the concept correct is a critical aspect to efficiently completing a custom design. (2) 2nd Review - 85-90% Check Plans & Specs The 85-90% Check: The consultant submits a complete set of plans with ALL SHEETS included in the plan set and a complete set of specifications. It is permissible to omit some detailing, but plan sheets and specification sections representing all disciplines must be submitted in the 2nd Review. Although the 85-90% figure suggests the design phase is nearly done, a more realistic perspective with respect to "calendar time" allowed for the design phase is 67%. Although the consultant's work is nearly 90% complete and winding down at this juncture, this milestone marks the point at which City staff begins to expend more time in verifying the design, confirming the quality of the plans and specifications, and conferring with stakeholders in the project. While in theory only 10% of the design remains, this portion of the design phase is "process" intensive and consumes calendar time. (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate The 100% Check: This review is exactly what it implies. This submittal includes everything complete in final form (no mylars) that the consultant believes is necessary to construct the project. This submittal is the City's first opportunity to review that premise. The 344 consultant should submit plans that have been carefully reviewed"by its organization for completeness and accuracy. The project specifications and engineer's estimate should be equally complete. (4) 4th Review - Preliminary Final (screen check) Screen Check: In a perfect world, City staff has caught every error of importance in the 3rd Review, and the consultant has appropriately addressed all issues raised in the 3rd check so the Preliminary Final PS&E is found suitable for publication. If the perfect world premise holds, no revisions will be required. B. Based upon comments received from the City, consultant will revise the preliminary Plans, Specifications, and Estimates (PS&E) and resubmit. C. Staff approved PS&E will be submitted to the City Council for approval. D. All approved plans will be provided to the City on compact disk in AutoCAD 2003 format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before October 5, 2006 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Nick Nickerson, Project Manager City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter 345 (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting November 1, 2006 as the start date. The City Council meets the 1 st and 3'd Tuesday of each month. The project schedule should include all approvals expected during the project period. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub - task defined. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. I ine remainder of this page is intentionally left blank.) J4 ! CITY OF LA QUINTA COST PROPOSAL SHEET JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for the Jefferson Street Landscape Improvements and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant Date Signed OF TKF' COUNCIL/RDA MEETING DATE: September 5, 2006 AGENDA CATEGORY: ITEM TITLE: Approval of Position Description for Emergency Services Coordinator and Amendment of the Position Schedule RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: 2i STUDY SESSION: PUBLIC HEARING: Approve the position description for Emergency Services Coordinator (Attachment 1) and amend the position schedule. FISCAL IMPLICATIONS: The position of Emergency Services Coordinator is currently in the budget at Range 60 ($4,702 - $5,716 per month). Staff is proposing to increase the position to Range 65 ($5314-$6460) in order to effectively compete with surrounding jurisdictions for qualified candidates. The funds originally approved for this position by the City Council as part of the Fiscal Year 2006/07 budget are still adequate based on the fact that the position will not be filled for the entire fiscal year. CHARTER CITY IMPLICATIONS: lZrolm BACKGROUND AND OVERVIEW: The Building and Safety Department has added the position of Emergency Services Coordinator as part of the Fiscal Year 2006/07 budget. The position is responsible for the planning and administration of the City's emergency plan and the emergency and disaster preparedness/recovery programs. The Emergency Services Coordinator will interact with related Federal, State and local agencies. The position is a Division Chief and will report directly to the Building and Safety Director and is considered a non - represented employee. The person holding the position will be a "Confidential Employee" as defined in the City's Personnel Policies. FINDINGS AND ALTERNATIVES: u 349 The alternatives available to the City Council include: 1 . Approve the position description for the Emergency Services Coordinator and amend the Position Schedule; or 2. Do not approve the position description for the Emergency Services Coordinator and do not amend the Position Schedule; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Emergency Services Coordinator position description 350. ATTACHMENT 1 THE CITYOF L EMERGENCY SERVICES COORDINATOR GENERAL STATEMENT OF JOB Under the general direction of the Building and Safety Director, the Emergency Services Coordinator plans, analyzes and develops the City's emergency plan, response operations relief, recovery, and mitigation and preparedness programs; develops training and exercises for City employees in preparation of a disaster response; oversees operating procedures of a fully functional Emergency Operations Center (EOC) and for the ongoing maintenance of the EOC; performs related work as required. DISTINGUISHING CHARACTERISTICS This position is characterized by its responsibility requiring specialized expertise for the administration and planning of the City's emergency and disaster preparedness/recovery programs. REPORTS TO: Building and Safety Director. 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. • Maintains standard operating procedures for the Emergency Operation Center (EOC). • Reviews and updates existing Multi -Hazard Plan and other emergency plans in accordance with Federal, State, and County requirements. • Responsible for updating EOP Manual; Memorandum of Understanding and vendor agreements for emergency supplies, materials, and resources; and the City's Resource Guide. • Responsible for maintaining and equipping the EOC and the City's radio system. • Liaisons with local and state, and federal agencies to ensure compliance and eligibility for state and federal funding. • Ensures compliance with the National Incident Management System (NIMS). • Coordinates and arranges Federal and State mandated disaster preparedness employee training. Develops and schedules periodic exercises of the City's Emergency Plan. t, 3,51 Maintains records, develops and prepares detailed reports, and documents; and makes presentations on disaster preparedness and emergency management. Maintains knowledge of current trends, legislation, and best practices related to disaster and emergency preparedness. • Maintains readiness of Mobile Emergency Command Vehicle. Coordinates emergency preparedness public education programs; coordinates with R.A.C.E.S. (Radio Amateur Civil Emergency Services); provides emergency preparedness presentations for organizations and safety fairs. • Researches, prepares, and monitors grant applications and reporting. Serves as liaison through coordination and integration of the City program with those of other jurisdictions. • Develops emergency plans to address needs of special groups (e.g. elderly, disabled, animals etc.) • Drafts emergency management - related ordinances and resolutions for adoption by the City Council. MINIMUM TRAINING AND EXPERIENCE Any combination of training and experience which would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to graduation from a four year college or university with major course work in business or public administration, public safety or a field related to the work and three years of administrative experience in designing, developing and implementing public safety and emergency management programs. Required Licenses and Certifications Requires a valid Class C California Drivers License and a safe driving record; KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of. - Principles of planning, developing, coordinating, and organizing emergency management services; • Interrelationships, responsibilities, goals and functions of local, State, and 352 Federal government in planning and implementing emergency services; • Organization and implementation of the National Incident Management System (NIMS); • Techniques of emergency response and recovery; • Emergency communications and computer applications; • Techniques of training and public speaking; • Public relations; • Budgetary and financial principles and practices. Physical Requirements: • Ability to operate a variety of tools, equipment and vehicles, including SUV's, radios, cameras, and fax; • Ability to coordinate eyes, hands and fingers in performing skilled tasks including driving; • Ability to exert moderate physical effort in work involving stooping, crouching, climbing and lifting; • Ability to exert a negligible amount of force frequently to lift, carry push, pull or otherwise move objects. Mathematical Ability: • Ability to accurately add, subtract, multiply and divide; • Ability to accurately compute and use fractions and decimals. Judgment and Situational Reasoning Ability: • Ability to plan, develop, organize and evaluate an emergency management program; Ability to exercise sound independent judgment within general policy guidelines; Ability to understand and apply local, state, and federal rules, regulations and directives governing disaster/emergency preparedness; • Ability to anticipate, analyze and evaluate potential disaster problems; Ability to provide technical guidance, training and direction. Language Ability and Interpersonal Communication: • Ability to communicate effectively in verbal and written form; • Ability to prepare comprehensive reports and plans involving detail and coordination; • Ability to elicit the support of City personnel and volunteers; • Ability to establish and maintain effective working relationships with a variety of agencies, organizations and individuals; �"3 Environmental Adaptability: • Ability to work in an office environment and, during emergency operations, the ability to work in an outdoor 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. August 2006 354 w 4 .0 �5 OF f1�4 9 COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Authorization for Overnight Travel for the Community Safety Manager and Code Compliance Officer II to Attend the California Association of Code Enforcement Officials 2006 Annual Seminar, located in Monterey, CA., October 4-6, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: SZ T STUDY SESSION: PUBLIC HEARING: Authorization to approve overnight travel for the Community Safety Manager and Code Compliance Officer II to attend the California Association of Code Enforcement Officials 2006 Annual Seminar, located in Monterey, CA, October 4-6, 2006. FISCAL IMPLICATIONS: The costs associated with the attendance iat the seminar will be funded from Travel and Training fund, Account #101-5004-4�4.51-01. The La Quinta employees will travel with employees from the City of Corona, and will share hotel accommodations with them. The City of Corona is absorbing all hotel and mileage costs associated with the seminar. The breakdown of estimated expenditures for this seminar is as follows: • Registration $590.00 • Hotel -0- • Mileage -0- • Meals 450.00 Total $1, 040.00 CHARTER CITY IMPLICATIONS: None. 355 BACKGROUND AND OVERVIEW: This course will improve the skills and abilities of the Community Safety Manager and Code Compliance Officer II. Classes contain information on the legal aspects of Code Enforcement as well as officer's safety, as outlined in the registration form (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the overnight travel for the Community Safety Manager and Code Compliance Officer II to attend the California Association of Code Enforcement Officials 2006 Annual Seminar, located in Monterey, CA, October 4-6, 2006; or 2. Deny the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Building Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Registration Form 2 �'` 356 -Ale IV +t9 57 m COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Approval to Distribute a Request for Proposal for the Redesign and Development of the City of La Quinta Website RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve distribution of the Request for Proposal (RFP) for redesign and development of the City of La Quinta website. FISCAL IMPACT: Staff has budgeted funds in the 2006/07 Budget for this project in Account No. 502-0000-512.33-55. BACKGROUND AND OVERVIEW: The City of La Quinta website was designed and established by Southwest Networks in 1999. The rapid growth of the City and the speed of technological advances in recent years have contributed to the need to redesign the City's website. Staff is seeking a website design firm that can provide a new look and theme for the City's website, create a content -rich site, improve navigation throughout the site, provide a method for City departments to quickly update web page content, and introduce new web tools to facilitate the gathering and dissemination of information. 358 Staff has prepared the RFP (Attachment 1) for Council review and consideration. If Council approves the RFP and the selection process, the RFP establishes the following schedule for proposal submittal and review: Issue Request for Proposal Proposals due Evaluation of proposals begins Interviews of finalists Recommendation to Council Projected "live" date of new City website September 6, 2006 October 6, 2006 October 9, 2006 Week of October 23-27 November 7, 2006 March 7, 2007 The selection process follows the procedures outlined in the La Quinta Municipal Code for "major projects." The procedures require establishing a selection committee, reviewing the proposals, negotiating a contract, and final contract approval by Council. Staff is recommending the following persons to serve on the Selection Committee: • Tom Hartung, Building & Safety Director • Mason Lord, Information Services Analyst • Terry Deeringer, Management Analyst • Tustin Larson, Recreation Supervisor • Doug Van Gelder, Director of Information Systems for the City of Palm Desert In addition to or in lieu of any of the above, the City Council may appoint up to two of its members to serve on the Selection Committee. FINDINGS AND ALTERNATIVES: The alternatives available to the Council include: 1. Approve distribution of the Request for Proposal for redesign and development of the City of La Quinta website; or 2. Do not approve distribution of the Request for Proposal for redesign and development of the City of La Quinta website; or 3. Provide staff with alternative direction. Respectfully submitted, ohn Falconer, Finance Director Approved for submission by: 00, Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal �60 ATTACHMENT 1 REQUEST FOR PROPOSAL For the Re -design and Development of the City of La Quinta Website Issued By: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 September 2006 I PROJECT OVERVIEW INTRODUCTION The City of La Quinta ("the City") is seeking Proposals from qualified web developing firms to redesign and develop a new City website. The current City website can be viewed at www.la-guinta.orq. Southwest Networks designed and established the City's website in 1999. The project objectives are to: 1. Design a new City website to provide a new look and theme. 2. Create a content rich site. 3. Improve navigation throughout the new website from different access perspectives (i.e. Resident, Business, Government, or Visitor). 4. Provide a method for City departments to quickly update webpage content. 5. Introduce new web tools to facilitate the gathering and dissemination of information. GENERAL REQUIREMENTS The Proposer shall submit electronic and printed Proposal and forms that are complete and which contain a substantial level of detail to allow adequate evaluation on a technical and financial basis by the City. Electronic Submittal The Proposer shall submit an electronic version of the Proposal and forms. The electronic version shall be submitted in the form of a CD -Rom. Paper Submittal The Proposer shall submit one (1) original (signed) and four (4) signed copies of the Proposal in its entirety, including all Appendices, Exhibits, and other requirements as specified herein. The Proposal shall be typed or printed on 8-1/2" x 11" paper. All Proposals shall be appropriately bound and may contain preprinted and photographic material at the option of the Proposer. Any oversize documents must be folded to size and secured in the Proposal. Insurance Prior to entering into a Professional Services Agreement with City, Proposer shall procure and maintain, at its cost, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Proposer's acts or omissions rising out of or related to Proposer's 4 '382 performance under such Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Proposer'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 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 Additional insurance requirements (e.g., automobile liability, workers' compensation, errors and omissions, etc.) are outlined in the Professional Services Agreement. Signature and Authority The Proposal must be signed on the Executive Summary by an officer of the corporation, principal, company partner, or other duly authorized person or persons with the legal authority under California law to make the commitments required by this Request for Proposal. If the Proposal is submitted by a Limited Partnership, the name and address of the partnership, a list of all partners and the signature of one general partner must be provided. If submitted by a corporation, the Proposal must indicate the name and state or country under which the corporation is incorporated, and the name, address, and federal tax identification number of the corporation. If a corporation makes the Proposal, and it is not signed by two officers as provided by California law, a certified copy of the appropriate section of the bylaws, or a resolution of the Board of Directors of the corporation shall be furnished showing the authority of the officer who has signed the Proposal to execute contracts on behalf of the corporation. If the Proposal is made by a joint venture, a copy of the joint venture agreement, and the name, address, and organizational status of each of the joint venture partners must be provided. Where a joint venture is composed of one or more partnerships, corporations, or other entities, the information specified in this paragraph must be provided for each entity. Proposals Are Subject to California Public Records Act Information submitted to the City by Proposers is subject to possible compulsory disclosure by the City upon request from any member of the public (including other Proposers) under the California Public Records Act, Government Code Section 6250 et SACityMgr\Terry\WebSite\RFP infoTa Quinta RFP.DOC `' " seq. The City recognizes that some Proposers may consider some information which is called for in the Request for Proposals, or which may be required to be submitted in subsequent stages of the evaluation and contracting process, to be a trade secret or otherwise proprietary. Materials which a Proposer believes are a trade secret or proprietary must be clearly marked, on each page, as "CONFIDENTIAL" and submitted separately in an envelope clearly marked with the Proposer's name and stamped "CONFIDENTIAL." Proposers may NOT designate Section 4 "Project and Support Quote" of Proposal as confidential. If Section 4 is so designated, the City may either ignore the designation or consider the Proposal as nonresponsive. Except as required by State Law, the City will not voluntarily disclose materials so marked "Confidential" to persons other than City officers, employees, attorneys, and consultants involved in evaluating the Proposals received or otherwise assisting the City in this procurement. If the City receives a request from a third party to review and/or copy material marked as "CONFIDENTIAL" it will inform the Proposer that submitted the material. If the City determines that the material requested is not entitled to an exemption under the Public Records Act, and that it must be released, the City will advise the Proposer of that determination. If the City determines that the material is entitled to an exemption under the Public Records Act, and the person who requested the material files a lawsuit seeking its release, the City will advise the Proposer and will not oppose a motion by the Proposer to intervene in the action. No Proposer will seek damages against the City or recovery of its attorneys' fees from the City, as a result of any dispute related to the release of information submitted in response to this Request for Proposals, whether the Proposer is seeking release of another Proposer's information or is opposing a third party's request for release of its material. Material that has been marked as "CONFIDENTIAL" will be returned to all unsuccessful Proposers once the contract has been signed with the selected Proposer. By submitting a Proposal, Proposers agree to all of the foregoing provisions. City Rights and Options This solicitation does not commit the City of La Quinta to award a contract, to pay any. cost incurred with the preparation of a qualifications statement, or to procure or contract S:\CityMgr\Terry\WebSite\RFP infoU a Quinta RFP.DOC i for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their qualification statements. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposal at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services. The City of La Quinta will reserve the right to request that specific personnel with specific expertise be added to the team, if the City determines that specific expertise is lacking in the project team. Statements and other materials submitted will not be returned. The City of La Quinta reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any contractor for any costs or damages arising out of its response to the RFP. SCHEDULE The tentative schedule for this procurement process is as follows: Action Date RFP Issued September 6, 2006 Proposals Due October 6, 2006 Evaluation of Proposals Begins October 9, 2006 Interviews of Finalists Week of Oct. 23-27 Recommendation to Council for Award of Contract November 7, 2006 Projected Live Date of new City Website March 7, 2007 During the Proposal process, Proposers shall direct all questions to the Management Analyst: 365 SACityMgr\Terry\WebSite\RFP info\La Quinta RFP.DOC Mrs. Terry Deeringer, Management Analyst City of La Quinta 78-495 Calle Tampico La Quinta, California 92253-1504 Telephone: (760) 777-7041 Fax: (760) 777-7101 Email: tdeerinaera-la-quinta.orq Submission Deadline and Address Sealed Proposals shall be received by the City, in the office of the City Clerk, no later than 5:00 p.m., Local Time, on October 6, 2006, addressed as follows: City Clerk City of La Quinta P. O. Box 1504 La Quinta, California 92247-1504 Proposals received after the deadline may be returned unopened and will not be considered. Postmarks will not be accepted as proof of receipt. 2 SCOPE OF WORK 1. Provide City with new website design from the City's home page to all sub - pages using state of the art development tools. 2. Facilitate the creation of a site map to serve as the content plan for website development. Selected Proposer will be required to incorporate all content on City's current website as well as content supplied by City staff. 3. Create a "Want to do Business with the City?" secured access web tool to track vendor information such as company name, address, contact, and what type of service they provide. Vendors equipped with a password shall be able to enter this information through a user interface on the City webpage. City staff shall be able to modify, delete, and add new types of service for vendors to select from and vendor shall be able to add a new type of service via the user interface if the service is not listed on City website. In addition, City shall be able to print a report of the vendor database. This report shall be grouped by type of service or City staff shall be able to query and run a report on a particular type of service. 4. Supply City with a Content Management Tool (CMT) with multiple levels of access that allow City departments to update sections of department pages and other sections of the City's website. The final number and location within SACityMgr\Terry\WebSite\RFP infoTa Quinta RFP.DOC �; �j the website of CMTs will be determined during the development of the site map. For purposes of proposing a cost for this project, assume the following: # of CMTs 1. City Manager Department: 1 2. City Council: 1 3. Building & Safety Department: 1 4. Code Compliance/Animal Control: 1 5. Finance Department: 1 6. Community Development Dept.: 1 7. City Clerk Department: 1 8. Community Services Department: 1 9. Public Works Department: 1 10. City Calendar: 1 11. Home Page: 1 12. To be determined: 4 Total 15 5. Provide a Citizen Survey tool that enables the City to publish survey question(s) onto the City website. City staff shall be able to create, delete, and modify surveys on the City website. 6. Implement compatibility with existing WebTrac, Laserfiche and HTE software and databases to enable tracking of class enrollments, business licenses, etc., as well as retrieval of information, from City's website. 7. Establish a web tool that will enable citizens (or other interested parties) to sign up to receive email on topics of interest. City staff shall be equipped with the ability to administer this web tool including modifying the topics of interest and the distribution lists that are created by outside parties signing up for topics. 8. Optimize image formats provided by City (or on City's current webpage) so that images load quickly for individuals viewing the City's website. 9. Provide a reliable, configurable web tracker/hit counter and real time detailed web states which will allow the City to retrieve, among other things, how many individuals access the City's website and which areas of the City's website are most frequently visited. The Web tracker/hit counter will be transparent to visitors as needed. 10. Enable staff to quickly update website with Municipal Code updates, Board, Commission and Council agendas, Minutes, etc. 11. Provide training on using and administering the City's newly designed web site. SACityMgr\Terry\WebSite\RFP info\La Quinta RFP.DOC 367 ^7 12. Scope of work shall include time for meeting with the individual departments, as well as attendance at a City Council meeting, if necessary, and meetings with City staff, as appropriate. 13. The following is a list of information that may or may not already be on the City's website. This list reflects some City departments' vision of what type of information should be included on the City's website. Proposers should expect that every department will provide input of what type of information should be portrayed on their department pages during the development of the site map. General • Virtual Tour of the City which displays the beautiful scenic areas of the City. It could also show beautiful landscaping, parks, the municipal golf course, etc. • A short section about the history of the City with pictures (if possible). • An updated section called `Things to Do in La Quinta' with upcoming events, and other leisurely activities. • Visitor section that exhibits places to visit: hotels, biking and hiking trails, area attractions, etc. City Manager's Office Marketing/Economic Development • Map of City • Market Analysis • Visitor's section, including City map, commercial map of Highway 111, City newsletter, helpful numbers such as Sunline, utility companies, phone/cable companies, etc. • Economic Development brochure and collateral material • Community profile/demographic information • Quarterly newsletter • Filming incentives • FAQs Human Resources • Interactive on-line employment application with ability to submit on- line • Auto expiration of available positions after closing date • Salary schedule • Personnel Policy Manual • La Quinta City Employees Association Memorandum of Understanding SACityMgr\Terry\WebSite\RFP info\La Quinta RFP.DOC {� • Organizational chart (by position) • Employee benefits information City Council • Council member profiles and contact information City Clerk • Forms: Request to Speak, Commission Applications, Claim Request Forms; general document requests (downloadable and interactive) • Auto expiration to show Board and Commission vacancies • Election information with appropriate links • Resolutions • Searchable feature interconnected with Laserfiche with ability to limit access • Professional Registry Form (downloadable and interactive) • Professional Registry • FAQs Finance Department • Business Licenses — Requirements and Forms • Fee Schedule, broken down by Department • Payment options listed (cash or check only) • Arts Festival Business License Applications and Requirements • Ability to look up status of Business/Animal Licenses from City databases • New Investor Section • Schedule of Insurance • Transient Occupancy Tax Registration Form and Information • Sun Bus Pass information • Purchasing Ordinance • FAQs Building and Safety Department • Map features using Mapquest, Google Maps, Google Earth, or similar links • Weather station at SilverRock Resort linked to Wunderground.com or similar site • Search engine for entire site, as well as individual departments • Own source code SACityMgr\Terry\WebSite\RFP infoTa Quinta RFP.DOC Code Compliance/Animal Control • Create web page for this division of Building & Safety Department • Garage sale lists • Reference materials • Services provided • Staff contact information • FAQs regarding common violations Community Services Department Recreation Brochure • Interactive on-line registration and payment capabilities • Searchable by youth, adults, older adults, events, programs, excursions, etc. Senior Center • Changing movie schedules • Information from Recreation Brochure on classes and events • Link to register for programs Rotating Art in Public Places Gallery Section • Art in Public Places information Special Events Section • Special event information posted by quarter with photos and graphics • Upcoming special event "teasers" Facilities Section • Fitness Center and Fitness Card info • Civic Center Campus • Senior Center • Library • SilverRock Golf Course • Parks • Photos of each City Park • List of amenities for each park • Directions and maps to all City parks • Hiking and biking trails maps directions Facility Reservation Section • List of facilities available for reservations (Senior Center, Library, parks, etc.) and procedures for reserving • Photos of each facility with square footage, maximum occupancy, and amenities information • Facility reservation fee schedule S:\CityMgr\Terry\WebSite\RFP infoTa Quinta RFP.DOC Community Development Department • Affordable Housing Status Report • Hearing notices • Village and Cove design regulations • General Plan • Events Calendar • Permitting • "About City Hall" info (map, directions, hours, etc.) • Survey options • Zoning Code and ordinances Public Works Department Maintenance Division • Street sweeping schedule • Maps • Street maintenance watch/complaint log Forms (interactive and downloadable) • Citizen Requests/Comments • Bid on jobs (linked to Plan Well with instructions) • Driveway Approach Permit and instructions • Street Vacation • Inspection Requests (and Inspection Hotline) • Ability to link forms to existing Access database General • 5-year Capital Improvement Program document • Update the "Check the Status of a Plan Check Item" interaction with the Access database, providing Developer access to plan check comments, as well as who is holding their plans • Engineering Services Division Standard Operating Procedures • Traffic and Transportation brochures • "Printer Friendly Version" buttons where applicable • Flash animation and streaming videos (e.g., "How to Drive the Roundabout") • Graffiti Reports and Encroachment Permits with "send to" buttons • "City Speak" page with City acronym definitions (e.g., IAB, ALRC, HPC, PC, CSC, etc.) The City reserves the right to change the above Proposals and proposed costs. Project costs ma based on significant changes to the Scope of Work. S:\CityMgr\Terry\WebSite\RFP info\La Quinta website RFP.DOC y Scope of Work based on review of be adjusted (increased/decreased) 3 REQUIRED PROPOSAL FORMAT The following section format must be followed by all Proposers. Proposals received that do not follow the requested Proposal format below will be considered unresponsive and will be returned to the Proposer. Submittal All proposals shall be received by the City Clerk's Department no later than October 6, 2006. All proposals submitted shall, at a minimum, contain the following information and materials in the following format: Work Proposal (Envelope 1) Submit five (5) copies of a Work Proposal, limited to a maximum of thirty (30) pages. Work Proposals shall. at a minimum. consist of the followinq information: 1) Executive Summary: Please include within your executive summary the following: Explain what sets your company apart from others in the field of website development. Why is your firm qualified to provide website development services? State your acceptance of the attached City's professional services agreement. 2) Implementation Plan: Describe your firm's implementation plan from project beginning to project end to ensure a superior website product. Please be as specific as possible in terms of your approach to this project and include a project timeline. 3) Project Personnel: a.) Names and qualifications of all project team members and sub -contractors and their assignments for the project. Those named must be those who will participate in the project if selected. b.) List of references reflecting previous experience in similar projects. c.) Resume of the project manager and all project team members who will work on the project. 4) Website Support: Describe your methodology for providing website supportto your clients. SACityMgr\Terry\WebSite\RFP info\La Quinta website RFP.DOC • Does your company provide website hosting services? Do your clients have a restriction on the amount of disk space they can use on your company's web servers? • What precautions does your firm take to minimize client website downtime? • How are requests for modifications to your client's websites handled after launch of website? • What is the response time for support requests? 5) References: Provide a list of websites that your firm has created from ground -up. Please include the contact information of at least 5 client references. Also, include case studies of how your website development expertise improved a client's operation or business presence on the web. Cost Proposal (Envelope 2 — Sealed) 6) Project and Support Quote: Provide all costs to complete this project based on Scope of Work identified in section 2 of this RFP. Please separate support costs from project costs. All costs shall be clearly marked. Man hours and extended billing rates per classification of personnel will be indicated for each task and/or sub task defined therein. The consultant shall determine a not -to -exceed allowance for reimbursements included within the cost proposal. Selected applicants may have the opportunity to provide additional project related services following the outcome of their proposal. The City will be especially interested in the capabilities of the firm, its approach to the services requested, its creative ability, and their responsiveness to this proposal. It is expected that the selected firm will assist in determining the overall format of the document. Creative ways and means to approach the project are encouraged. It is desirable that this project be completed in a timely and expeditious manner, but should in no event exceed one hundred twenty (120) days from official Award of Contract. 4 PROPOSAL EVALUATION AND SELECTION PROCESS After all the proposals are received, each will be reviewed by a Selection Committee. The Committee will rate their selection based upon the materials submitted in the Work Proposal. Proposals will be evaluated according to the following criteria: ➢ Responsiveness and completeness of submitted Proposal; ➢ Competitive project and support quotes based on requested Scope of Work; SACityMgr\Terry\WebSite\RFP infoTa Quinta website RFP.DOC 3 3 ➢ Overall firm's and listed personnel's experience with website development projects; ➢ Experience in implementing municipal websites; ➢ Good reference checks; and ➢ Exhibited professionalism and thoughtfulness in implementation plan and general understanding of the City's project objectives. If the requirements are met, Proposals will be considered responsive and will continue through the evaluation process. If the requirements have not been met, a Proposer shall be disqualified. Selection Process A Selection Committee composed of City staff and advisors will review the submittals and evaluate how each will achieve both the goals as well as how each will enhance the City. Interviews will be held with the top rated firms. Based on the total evaluation process, the Selection Committee will recommend one firm (and an alternate) to the City Council. Staff will then enter into a contract with the firm selected by Council to complete the project. Proposer must have a valid City of La Quinta business license prior to execution of the contract. Proposer must also provide proof of insurance in the form, coverages, and amounts specified in the contract within ten (10) calendar days after notice of contract award as a precondition to contract execution. Representatives of the City may contact references listed, or other public/private entities known to have contracted with Proposer, as part of the evaluation process. All proposals shall be received no later than 5:00 p.m., October 6, 2006 to: City Clerk City of La Quinta P. O. Box 1504 La Quinta, CA 92247-1504 S:\CityMgr\Terry\WebSite\RFP infoU a Quinta website RFP.DOC i '„ `j 7 4 c&t!t 4 %'P 49&*� COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Approval of a Finance Agreement with the City of La Quinta and the La Quinta Redevelopment Agency for the Washington Street Land Acquisitions RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 46 STUDY SESSION: PUBLIC HEARING: Approve a Finance Agreement (Attachment 1) with the City of La Quinta and the La Quinta Redevelopment Agency for funding escrow deposits and due diligence studies of the Washington Street land acquisitions. FISCAL IMPLICATIONS: This Finance Agreement allows for up to $140,000 of General Fund Reserves to be loaned to the Agency for the purpose of funding escrow deposits and due diligence studies for the Washington Street land acquisitions. This loan advance with accrued interest (7% per annum) will be repaid by the Agency after the annexation of the Washington Street properties. If for any reason the annexation does not take place, the Agency will payback all unused portions of this loan including any and all refunded deposits. The remaining balance of the loan would then need to be forgiven. BACKGROUND AND OVERVIEW: The Agency is mandated to facilitate the development or preservation of 871 affordable units within the next ten years. With limited land resources within both Project Areas for affordable housing opportunities, the Agency looked to affordable housing development options within the unincorporated areas contiguous to the City. Two adjacent properties have been identified and Purchase and Sale Agreements are being presented for Agency approval. The first property is improved with a 73-unit apartment complex that is rented to very low- and low- income seniors and handicapped households. The second is a 7.5 acre vacant land parcel (fronting Washington Street) that will be subdivided from a larger 15.13 acre site. Both properties are located just north of the City limits. LAFCO staff has indicated they would support including these properties in the City's Sphere of Influence with eventual annexation. Since Housing Funds cannot be used to purchase properties outside of the City, a General Fund loan advance is required to secure and study the properties until the annexation process is complete. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Finance Agreement with the City of La Quinta and the La Quinta Redevelopment Agency for funding escrow deposits and due diligence studies of the Washington Street land acquisitions; or 2. Do not approve a Finance Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, xm,tza-z�- Douglas R ans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Finance Agreement 3 7 6 ATTACHMENT 1 FINANCING AGREEMENT THIS FINANCING AGREEMENT ("Agreement") is made and entered into this day of , 2006, by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic ("Agency"), and the CITY OF LA QUINTA, a charter city and municipal corporation ("City"). RECITALS WHEREAS, Agency is a public body; corporate and politic, organized under the California Community Redevelopment Law (Health & Safety Code § 33000 et seq.); and WHEREAS, City is a municipal corporation and a charter city of the State of California organized and existing under the Constitution of the State of California; and WHEREAS, Agency and City, pursuant to Health and Safety Code Sections 33449 and 33601, are authorized to enter into an agreement to provide for City's loan to Agency to facilitate the increase of affordable housing opportunities through the Washington Street Land acquisition transactions; and WHEREAS, City and Agency mutually desire to enter into this Agreement to set forth their respective obligations with respect to City providing Agency with loan financing in the amount up to One Hundred Forty Thousand Dollars ($140,000) to assist Agency in meeting certain pre -development costs associated with providing affordable housing opportunities in Agency's Project Area No. 2, with such loan funds to be used by the Agency to meet the cost of deposits and due diligence studies for the Washington Street Land acquisition transactions; and WHEREAS, City and Agency acknowledge that the Washington Street Land acquisition transactions involve properties outside the City but which are anticipated to be annexed to the City and that such annexation is a condition to the Agency's close of escrow for its acquisition of such properties (the "Annexation"); and WHEREAS, City and Agency further acknowledge that should such Annexation not occur that City shall forgive and discharge the loan to Agency evidenced by this Agreement and City shall thus incur the costs for any nonrefundable deposits and any due diligence costs expended; and AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained, Agency and City agree as follows: Section 1. Recitals Incorporated. The foregoing Recitals are incorporated herein and made a part hereof. Section 2. City Loan; Interest; Use of Loan Principal. City hereby loans to Agency the principal amount of up to One Hundred Forty Thousand Dollars ($140U'400) 3 ell 7 4 .J 394/015610-0047 742363.02 a08/31/06 ("Loan Principal") from City General Fund monies ("Loan"). City shall be permitted to designate one or more accounts from which the Loan Principal shall be disbursed to Agency. Interest shall accrue on the outstanding Loan Principal at the rate of seven percent (7%) per annum compounded annually with principal and any unpaid interest due and payable on, or before, October 31, 2007. The parties may extend the foregoing due date by mutual agreement. The Loan Principal shall be used only for the cost of deposits and due diligence studies for the Washington Street Land acquisition transactions. No portion of the Loan Principal shall be used for any purpose not permitted by the California Community Redevelopment Law (Health & Safety Code §§ 33000 et seq. as it exists on the date of this Agreement Section 3. Repayment. The Loan Principal and the accrued interest shall be repaid by Agency on or before the date specified in Section 1. Repayments should be applied first to interest and second to Loan Principal. Repayments shall be made by Agency from any legally available source. The Agency shall be entitled to repay all or part of the Loan Principal and accrued interest at any time, including after annexation of the Washington Street properties, with no other charges, fees, or penalties. There shall be no prepayment penalty. All amounts due under this Agreement shall be payable at the offices of the City. Notwithstanding anything in this Agreement to the contrary, should the Annexation not occur, City shall forgive and discharge the Loan, including accrued interest thereon, and City shall incur the costs for any nonrefundable deposits and any due diligence costs expended by Agency from the Loan Principal. Section 4. Subordination. The repayment of the Loan Principal and accrued interest by Agency shall be junior and subordinate to (i) all Agency tax allocation bonds or other direct long-term indebtedness of Agency, (ii) all pledges by Agency of tax increments for tax allocation bonds or other direct long-term indebtedness of Agency, (iii) Agency financial agreements and other contractual obligations of Agency, (iv) any contingent obligations of Agency, and (v) all statutorily or judicially required or imposed payments, repayments, charges, fees, penalties, judgments, and the like, whether any of the foregoing in clauses (i) through (v) are incurred before or after the date of this Agreement. Section 5. Indebtedness of Agency. The Loan Principal and accrued interest described in this Agreement shall constitute an indebtedness of Agency. Section 6. Non -Recourse Obli ag tion. No officer, official, employee, agent, or representatives of Agency shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, employee, agent, or representative. Section 7.. Entire Agreement; Amendments. This Agreement shall constitute the entire agreement of the parties. This Agreement may be amended or modified only by an agreement in writing signed by the parties. [end — signature page follows] 3'7 8 394/015610-0047 742363.02 a08/31/06 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives, as of the date first above written. "AGENCY" LA QUINTA REDEVELOPMENT AGENCY LEE M. OSBORNE, Chairman ATTEST: DEBORAH H. POWELL, Interim Agency Secretary APPROVED AS TO FORM: M. KATHERINE JENSON, Agency Counsel "CITY" CITY OF LA QUINTA LE ATTEST: DEBORAH H. POWELL, Interim City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney DON ADOLPH, Mayor :. 37J 394/015610-0047 742363.02 a08/31/06 l�y�G�Gy� 9�S OF COUNCIL/RDA MEETING DATE: September 05, 2006 ITEM TITLE: Approval of an Operational Agreement with the County of Riverside for the Coachella Valley Violent Gang Task Force RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: � 7 STUDY SESSION: PUBLIC HEARING: Approve an Operational Agreement (Attachment 1) with the County of Riverside for the Coachella Valley Violent Gang Task Force. FISCAL IMPLICATIONS: The County Probation Department receives funding from the Federal government for a Juvenile Accountability Block Grant. This agreement will provide $46,920 in funding to the task force in FY 2006/2007, for which the City will bill the County on a quarterly basis and will be reimbursed within thirty (30) days. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: For Fiscal Year 2006/2007, the City of La Quinta Building & Safety Department will be providing oversight, with the Finance Department providing accounting services for the task force. These duties were transferred from the City of Indio on July 1, 2006. The attached agreement has been reviewed by the City Attorney. 380 FINDINGS AND RECOMMENDATIONS: The alternatives available to the City Council include: 1. Approve an Operational Agreement with the County of Riverside for the Coachella Valley Violent Gang Task Force; or 2. Do not aprove an Operational Agreement with the County of Riverside for the Coachella Valley Violent Gang Task Force; or 3. Provide staff with alternative direction. Respectfully submitted, 65-ohn M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Operational Agreement with the County of Riverside for the Coachella Valley Violent Gang Task 331 2 ATTACHMENT 1 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 OPERATIONAL AGREEMENT Between the County of Riverside and City of La Quinta For the Coachella Valley Violent Gang Task Force I. Parties to the Agreement This Agreement is entered into by and between the County of Riverside (hereinafter "County") by and on behalf of its Probation Department, and the City of La Quinta (hereinafter "City"). II. Purpose The State Corrections Standards Authority (CSA) has allocated funding to the County under the Federal Juvenile Accountability Block Grant (JABG) 2006 Program. This Agreement establishes the procedures for the Probation Department to provide JABG funding for reimbursement to the City for expenses incurred during fiscal year 2006-2007 on behalf of the Coachella Valley Violent Gang Task Force for supplies and services (CVVGTF). III. Term The term of this Agreement shall commence on July 1, 2006, upon approval by both parties, and shall remain in effect for one year. IV. Funding The Probation Department shall reimburse the City in an amount not to exceed $46,920 ($52,133, less a 10% cash match of $5,213 required by the JABG). Reimbursement shall cover supplies and expenses incurred on behalf of the CVVGTF. Examples of allowable expenses are janitorial services, alarm services, electricity, trash collection, communications, general supplies, travel, and uniforms. The source of funding is the JABG #CSA 155-06. The City agrees that the County's obligation to pay any sum under this Agreement is contingent upon the availability of sufficient JABG funds. In the event that JABG funding is suspended prior to the end of the one year grant period, funding for the City will be suspended, or prorated, accordingly. V. Responsibilities 1. City of La Quinta. The City shall comply will all applicable provisions of the JABG agreement. The City agrees to bill the Probation Department on a quarterly basis. Each invoice must be certified by the City as a valid CVVGTF expense and include source documentation that supports the t 3 ; I 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 billed costs. Travel vouchers detailing the purpose, time, and destination must be submitted to support travel claims; and purchase orders, invoices, etc. must be submitted to support operating expense claims. Invoices are due by the last day of the month following the end of each quarter and should be mailed to the following address: Riverside County Probation Department Attn: Fiscal Services P.O. Box 833 Riverside, CA 92502-0833 2. Probation Department. The Probation Department will process all reimbursement claims within thirty (30) days of receipt of the invoice. VI. Books and Records. The City shall maintain adequate fiscal books, records, documents and other evidence pertinent to this Agreement in accordance with generally accepted accounting principles, and maintain adequate accounting records in support of its claims. The City assumes responsibility for any disallowances which may arise as a result of audit exceptions. The City further agrees to make records and supporting documentation available to the Corrections Standard Authority or designees, and State or Federal auditors during the course of this Agreement and for a minimum of three years after final grant project audit. The City shall provide suitable facilities for access, monitoring, inspection, and copying of books and records relating to the grant funded project. VII. Nondiscrimination During the performance of this Agreement, the City and its. subcontractors shall comply with all Federal statutes relating to nondiscrimination, including but not limited to prohibitions against discrimination on the basis of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age or marital status. VIII. Liability County and City, to the extent that liability may be imposed on the parties by the provisions of Government Code Section 895.2, shall be liable for their own acts or omissions, including all claims, liabilities, injuries, suits, and demands and expenses of all kinds which may result or arise out of any alleged malfeasance or neglect, caused or alleged to have been caused by either County or City, their 2 L 3g3 4 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 officers, directors, employees or representatives, in the performance or omission of any act or responsibility of either party under this Contract. In the event that a claim is made against both the County and City, it is the intent of both parties to cooperate in the defense of said claim and to cause their insurers to do likewise. The terms of this section shall survive the termination of the Agreement. Signatures We, the undersigned, as authorized representatives of the County of Riverside and the City of La Quinta, do hereby execute this document. Dated: COUNTY OF RIVERSIDE ATTEST: Nancy Romero, Clerk By Chairperson of the Board By Deputy Dated; ATTEST: City Clerk By CITY OF LA QUINTA By_ Title 3 `ei� 4 CP Qumrav COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Approval of a Reimbursement Agreement with T.D. Desert Development Limited Partnership for Raised Landscape Median Improvements on Avenue 50 and Appropriation of Infrastructure Funds RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: ��jj► CONSENT CALENDAR: ,G STUDY SESSION: PUBLIC HEARING: 1) Authorize the City Manager to execute a Reimbursement Agreement (Attachment 1) between the City of La Quinta and T.D. Desert Development Limited Partnership, a Delaware limited partnership, for raised landscape median improvements to Avenue 50 (Attachment 2) and appropriate funding from the Infrastructure Fund in the amount of $52,100. FISCAL IMPLICATIONS: This Reimbursement Agreement is to reimburse T.D. Desert Development for Development Impact Fee (DIF) eligible improvements to Avenue 50 associated with the Rancho La Quinta development. As funds are collected in the future and as the project is budgeted in the City's CIP, an amount not to exceed $186,900 will be paid from the City's Transportation DIF funds, Account No. 250-000-290.00-00. Additionally, the Developer shall be reimbursed the amount of $52,100 previously received from the development on the south side of Avenue 50, Tract Map No. 25429, for south half median improvements that were constructed by T.D. Desert Development. This $52,100 was received in the early 1990's and deposited into the Infrastructure Fund. A participatory bond for south half median improvements on Avenue 50 held by the City from La Quinta Orchard Partners, Tract Map No. 26524 in the amount of $45,000 constitutes the remaining obligation; however, as the aforementioned developer of Tract Map No. 26524 is an entity of T.D. Desert Development no payment to T.D. Desert Development or encumbrance of monies from Tract Map No. 26524 is required. CHARTER CITY IMPLICATIONS: None. 385 BACKGROUND AND OVERVIEW: T.D. Desert Development is the subdivider and developer of property in the City subject to the provisions of Specific Plan 84-004, which is currently known as Rancho La Quinta and lies south of Avenue 48 and north of Avenue 50 between Washington Street and Jefferson Street. Conditions of Approval for Amended Tract Map No. 29283 conditioned the developer to construct full landscaped median improvements (Attachment 3) to the portion,of Avenue 50 from Orchard Lane to Park Avenue. Pursuant to Resolution No. 2002-34 and the January 2002 DIF Study, Detailed Cost Estimate (Attachment 1), these improvements are eligible for DIF fund reimbursement. Pursuant to the DIF, adopted June 15, 1999 and revised March 5, 2002, which was in effect at the time of construction, the developer was required to pay development impact fees to fund these and other improvements as the development was constructed. Said fees include a Transportation Improvement Fee component that funds transportation improvements that serve the region. Pursuant to Section 10, Implementation, B. Administration, of the Program, if the City requires a developer, as a condition of project approval, to construct facilities or improvements for which impact fees have been, or will be, charged to that project, the impact fee imposed on that development project for that type of facility should be adjusted to reflect a credit for the cost of those facilities or improvements. Development on the south side of Avenue 50 between Park Avenue and Orchard Lane had previously obligated monies of Tract Maps No. 25429 and 26524 for the construction of one-half of the landscape median on the south side of Avenue 50 in the amount of $97,100 of which there is $52,100 held as cash deposit with the City of La Quinta Finance Department and $45,000 obligated by bond to the City of La Quinta. The developer has constructed said full width landscaped median and has requested reimbursement from the Transportation DIF fund and the aforementioned contribution by Tract Map No. 25429 not to exceed $239,000 comprised of an amount not to exceed $186,900 (DIF Eligible Reimbursement) and $52,100 from funds paid by Tract Map No. 25429 for its obligation and deposited into the Infrastructure Fund. Staff has determined that the reimbursement amount is valid and within the amount established as DIF eligible off -site improvements and previous funds paid to the City by the developer of Tract Map No. 25429. 396 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1) Authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and T.D. Desert Development Limited Partnership, a Delaware limited partnership, for raised landscape median improvements to Avenue 50 and appropriate funding from the Infrastructure Fund in the amount of $52,100; or 2) Do not authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and T.D. Desert Development Limited Partnership, a Delaware limited partnership, for raised landscape median improvements to Avenue 50 and do not appropriate funding from the Infrastructure Fund in the amount of $52,100; or 3) Provide staff with alternative direction. Respectfully submitted, othy R. J Hass , P.E. Public Works Direc or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Reimbursement Agreement 2. Vicinity Map 3. Landscape Improvement Plans 387 ATTACHMENT 1 CITY OF LA QUINTA REIMBURSEMENT AGREEMENT RAISED LANDSCAPE MEDIAN IMPROVEMENTS TO AVENUE 50 (PARK AVENUE TO ORCHARD LANE) THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2006, by and between T.D. Desert Development Limited Partnership, a Delaware limited partnership, hereinafter referred to as "Developer", and the City of La Quinta, California, a California Municipal Corporation (the „City."). RECITALS: A. Developer is the subdivider and developer of property in the City of La Quinta ("Tract") subject to the provisions of Specific Plan 84-004 (the "Plan"), which area is currently known as Rancho La Quinta and which lies south of Avenue 48 and north of Avenue 50 between Washington Street and Jefferson Street in the City of La Quinta. B. Conditions of Approval for Amended Tract Map No. 29283 (attached to the Plan as Exhibit B) obligate Developer to construct the full landscaped median improvements to the portion of Avenue 50 lying adjacent to the tract (the "Required Improvements"). C. Development on the south side of Avenue 50 between Park Avenue and Orchard Lane had previously obligated monies of Tract Maps No. 25429 and 26524 for the construction of one half of the landscape median on the south side of Avenue 50. D. Pursuant to the City Development Impact Fee Program ("Program"), adopted June 15, 1999 and revised March 5, 2002, the Developer is required to pay Development Impact Fees ("Fees) to fund these and other improvements as the Development is constructed. Said Fees include a Transportation Improvement Fee component ("Transportation Fee") that funds regional serving transportation improvements. E. Pursuant to Section 10, Implementation, B. Administration, of the Program, if the City requires a developer, as a condition of project approval, to construct facilities or improvements for which impact fees have been, or will be, charged to that project, the impact fee imposed on that development project for that type of facility should be adjusted to reflect a credit for the cost of those facilities or improvements. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Responsibilities of Developer. Developer shall construct the Required Improvements defined in Exhibit A attached hereto and incorporated herein by this reference and shall bear the cost thereof even if the actual costs of constructing the Required Improvements exceeds Reimbursement Agreement — AveWfinal.DOC " i ( 338 the Budget Amount. Upon completion and acceptance of said improvements by the City, the Developer shall submit invoices and supporting documentation for those costs. 2. Responsibilities of City. The City Engineer shall either approve or disapprove the invoices or portions thereof and submit the approved invoices for payment through the City's Demand Register. The City Engineer shall provide to Developer a written explanation for any portion of an invoice that is disapproved. 3. Amount of Reimbursement. Reimbursement shall be for actual costs incurred by Developer for items eligible for reimbursement and for any additional items required in the course of construction of the Required Improvements and agreed to in writing by the parties hereto. The Developer shall not be reimbursed beyond the Budget Amount. 4. Warranty. For a period of one year following completion of the Required Improvements and their acceptance by the City, which acceptance shall not be subject to completion of all improvements for the Tract, Developer agrees to obtain from the contractor(s) constructing the Required Improvements a warranty in the City's favor for the repair or replacement of faulty work or materials. 5. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations incurred herein so long as the injuring party commences to cure such injuring action within ten (ten) days of service of such notice and completes the cure within forty-five (45) days after the notification, or such longer period as may be agreed upon by both parties to this Agreement. 6. Attorney's Fees. If either party commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party. 7. Indemnification. Developer agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns ("City Indemnitees") harmless from and against any losses, claims, demands, actions, or causes of action ("Claims"), of any nature whatsoever, arising out of or in any way connected with the performance (or failure to perform) of Developer, its officers, employees, agents, or representatives under this Agreement, including costs of suit and reasonable attorneys' fees. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Developer 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 Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the City Indemnitees. 8. City Officerq_a,nd Employees; Non -Discrimination. No officer or employee of City shall be personally liable to Developer or any successor in interest in the event of any default or breach by City or for any amount which may become due to Developer or to its successor or for breach of any obligation of the terms of this Agreement. Reimbursement Agreement - AveWinai.DOC Rj 0 Ck 9. Term of Agreement. This Agreement shall remain in full force and effect for two years following the date it has been executed by both parties. 10. Notice. Any notice, demand, request, consent, approval, or 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. 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 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Attn: City Engineer To Developer: T.D. Desert Development, Limited Partnership P.O. Box 1716 La Quinta, California 92247-1716 Attn: Grady Sparks 760/771-1941 11. Assignment of Agreement. The Developer may not assign, sublet, hypothecate, encumber, or transfer (whether voluntarily or involuntarily) its obligations hereunder to any party without the prior written consent of the City, which consent may be withheld in the City's sole and absolute discretion. 12. General Provisions. A. Except as otherwise provided herein, 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. B. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. D. 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 rights or remedies provided for herein. Reimbursement Agreement — AveWiinal.DOC i , 9 J E. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. F. This Agreement may be executed in counterparts, which when taken together, shall constitute one fully executed document. 13. Severabilitv_. 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. 14. Authority of Signatories. 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 are formally bound to the provisions of this Agreement. Reimbursement Agreement — Ave50finaL00C " " J� IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF LA QUINTA: Tom Genovese, City Manager Date ATTEST: Approved as to Form: June S. Greek, City Clerk M. Katherine Jenson, City Attorney City of La Quinta City of La Quinta Date Date Developer: T.D. Development Limited Partnership P.O. Box 1716 La Quinta, California 92247-1716 By:z Date Title: Grady Sparks, President By: ........ . . Date Title: Reimbursement Agreement AveWfinal.DOC Exhibit A REQUIRED IMPROVEMENTS - SPECIFIC PLAN 84-004 & TRACT No. 29283 Item # Description AVENUE 50 MEDIAN IMPROVEMENTS - PARK AVENUE TO ORCHARD LANE 1 Y2 of Landscape Median Improvements (North Side) - Required Off -Site Street Improvements Eligible for Reimbursements From Development Impact Fee Fund 2 % of Landscape Median Improvements (South Side) - Required Off -Site Street improvements Eligible for Reimbursements From Monies Obligated of Tract Nos. 25429 and 26524 Units L.F. L.S. Unit Cost Quantity Total Cost MOE $97,100 2,100 $186,900.00 (not to exceed) Total Cost for Required Improvements, not to exceed: Reimbursement Agreement — AveWinal.DOC $97,100-00 (not to exceed) $284,000.00 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1 ✓ - �� On &I 3 , before me, Date I A personally - appeared UNDO► L. NAN1Eu CanMWM 0 1535327 Rkenidt County 1016V OX Mrt. E q*ftDoc 146k, Name and Title of Officer (e.g.. "Jane Doe, Notary of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(,afwhose nameX is/are-subscribed to the within instrument and acknowledged to me that he/sb@Ahey. executed the same in his/her taaeir. authorized capacity(ip<, and that by hisAuwA4eir signaturef4 on the instrument the person(a'f, or the entity upon behalf of which the person(W acted, executed the instrument. WIT SS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached pDocu nt Title or Type of Do ume... t,tL A �l Qktj jW stA 77tFA Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): _ Partner — I ! Limited I l General Attorney in Fact Trustee Guardian or Conservator Other: _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER W _. Q 5P --6 ii -ta New, i Number of Pages: Signer's Name: LJ Individual Corporate Officer— Title(s): Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 2004 National Notary Association - 9350 De Soto Ave.. P.O. 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U 5 Tjtvl 4 4Qgmm COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Approval of an Amendment to the Joint Powers Agreement of the Coachella Valley Conservation Commission Changing the List of Signatories for the Coachella Valley Multi -Species Habitat Conservation Plan (CVMSHCP) and Authorize the Mayor to Sign the Amendment RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: *Z1 STUDY SESSION: PUBLIC HEARING: Approve the Amendment and authorize the Mayor to sign the necessary documents. FISCAL IMPLICATIONS: There is no fiscal impact at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Joint Powers Agreement (JPA) is a result of the CVMSHCP and will essentially become the entity responsible for carrying out the implementation of the CVMSHCP. On October 18, 2005, the City signed the JPA in anticipation of approval of the Plan and Implementing Agreement. On May 16, 2006 the City, as well as the remaining members of CVAG with the exception of the City of Desert Hot Springs, signed the CVMSHCP. As a result of Desert Hot Springs voting not to sign the Agreement, the Executive Committee met on June 26, 2006 and directed staff to revise the CVMSHCP and revise the Agreement to remove Desert Hot Springs. The attached Amendment (Attachment 1) to the Joint Powers Agreement, and letter from CVAG (Attachment 2), changes the list of signatories to the CVMSHCP. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Amendment and authorize the Mayor to sign the necessary documents; or 2. Do not approve the Amendment nor authorize the Mayor to sign the necessary documents; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas vans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Amendment to the MOU 2. CVAG letter U1. ATTACHMENT NO. 1 AMENDMENT NO. 1 TO THE JOINT POWERS AGREEMENT OF THE COACHELLA VALLEY CONSERVATION COMMISSION WHEREAS the Joint Powers Agreement of the Coachella Valley Conservation Commission (CVCC) was entered into on or about December 2005, and WHEREAS, the County of Riverside, Coachella Valley Water District, Imperial Irrigation District, and the Cities of the Coachella Valley, except for the City of Desert Hot Springs ("DHS"), have approved the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) and related documents and wish to go forward with the multiple species habitat conservation plan; and WHEREAS, the Parties agree that a revised MSHCP and related documents eliminating DHS from the MSHCP is the appropriate path and support this effort over the next twelve months. NOW, THEREFORE, the Joint Powers Agreement of the Coachella Valley Conservation Commission is amended as follows: "The signatories may include any of the following public agencies: a) City of Cathedral City, b) City of Coachella, c) City of Indian Wells, d) City of Indio, e) City of La Quinta, f) City of Palm Desert, g) City of Palm Springs, h) City of Rancho Mirage, i) County of Riverside, j) Coachella Valley Water District, and k) Imperial Irrigation District." CVCC Amendment No. 1 1 The governing legislative body of each Member has each authorized execution of this Amendment, as evidenced by the authorized signatures below. CITY OF CATHEDRAL CITY DATE Mayor Kathy De Rosa City of Cathedral City CITY OF COACHELLA DATE Mayor Jesse Villarreal City of Coachella CITY OF INDIAN WELLS DATE Mayor Ed Monarch City of Indian Wells CITY OF INDIO DATE Mayor Gene Gilbert City of Indio 402 CVCC Amendment No. 1 2 CITY OF LA QUINTA DATE Mayor Don Adolph City of La Quinta CITY OF PALM DESERT DATE Mayor Jim Ferguson City of Palm Desert CITY OF PALM SPRINGS DATE Mayor Ron Oden City of Palm Springs CITY OF RANCHO MIRAGE DATE Mayor Richard W. Kite City of Rancho Mirage 403 CVCC Amendment No. 1 3 COUNTY OF RIVERSIDE Bob Buster, Chairman Board of Supervisors County of Riverside COACHELLA VALLEY WATER DISTRICT DATE Peter G. Nelson, President Coachella Valley Water District Coachella, California IMPERIAL IRRIGATION DISTRICT Andy Horne, President Imperial Irrigation District Imperial, California DATE DATE 404 CVCC Amendment No. 1 4 CVAG ATTACHMENT NO. 2 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedral City Coachella • Desert Hot Springs • Indian Wells • Indio • La Quinta • Palm Desert • Palm Springs • Rancho Mirage County of Riverside Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians August 10, 2006 Mr. Tom Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA. 92253 Dear Mr. Genovese: Enclosed please find Amendment Number One to the Joint Powers Agreement of the Coachella Valley Conservation Commission. This amendment to the Joint Powers Agreement (JPA) changes the list of the signatories removing the City of Desert Hot Springs. The City of Desert Hot Springs voted not to participate in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) on June 20, 2006. On June 26, 2006 the Executive Committee directed CVAG staff to begin the process to revise the CVMSHCP without the City of Desert Hot Springs. The amendment was passed by the Executive Committee on July 31, 2006 and by the Coachella Valley Conservation Commission on July 13, 2006. Please place this on your next agenda for approval. I have enclosed one complete agreement and 14 signature pages. Please have the Mayor sign all the documents and return them to me. When complete I will send you an executed original for your records. If you have any questions regarding this agreement, please call me at (760) 346-1127. Sincerely, COACHELLA VALLEY ASSOCIATION OF GOYERNMENTS MARY M. GODFREY Administrative Services Assistant cc: Jim Sullivan, Dir. of Environmental Resources 4G5 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • (760) 346-1127 • FAX (760) 340-5949 T4ht 4 e(P Qum& COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Consideration of Approval of a Service Provider Agreement with Redflex Traffic Systems, Inc. for the City's Redlight Camera Enforcement Program, Project Number 2004-06 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: It is difficult to fully assess the financial impacts of the program at this time. As presented on page 21 of the Service Provider Agreement (Attachment 1), Redflex Traffic Systems, Inc. ("Redflex") has set its monthly fee at $6,310 per approach for two of the four approaches of the Washington Street/Highway 111 intersection. (Redflex is only proposing to install cameras on two of the four approaches.) Thus, Redflex would charge $12,620 per month beginning the month following the 30-day warning period. The yearly fee would be $151,440. The basic concept is that the City will be billed monthly, but will only pay the fee to the extent it has received revenues from the automated red light citations. To the extent that the revenues are less than the fee in any month, the deficit is carried forward. If there is a deficit at the time the contract is terminated, the City would be obligated to fund the deficit out of proceeds from any future automated red light tickets for up to 12 months after the termination. Staff cannot predict whether the revenue generated from the proposed program would offset the rental fee. By way of comparison, the average monthly traffic fines collected for the entire City in the 2005-2006 Fiscal Year were $1 1,100. City staff contacted the City of Indian Wells to discuss its financial experience with its program. The City of Indian Wells was spending $180,000 per year. The City 406 generated $60,000 per year from red light violators and had an annual out-of- pocket expense of $120,000. It has suspended its program. Staff was not able to obtain information from the City of Cathedral City regarding the financial performance of its program. In addition to monthly fees, the City would be responsible for other costs. As directed by the City Council during the March 21, 2006 Council meeting, the City Attorney has revised the Service Provider Agreement to eliminate the requirement that the service provider be responsible for: (1) the costs for the Police Department to administer the program and to review and issue citations; and (2) the potential legal fees associated with the Program (e.g., defending the validity of the program against legal challenges as well as challenges to individual tickets based upon legal defenses). If the City approves the agreement, the City would be responsible for those expenses. Pursuant to state law, the City will also need to erect signs at various locations in the City notifying drivers that automated red light cameras are in use. The cost of installing these signs is approximately $3,000. The proposed service provider, Redflex, has indicated it must have a contract term longer than the term specified in the Request for Proposals (RFP) (Redflex is requiring a three-year Beta period with two two-year renewals versus the RFP's one-year Beta period with two one-year renewal periods). As a penalty for early termination, Redflex is requiring that the City pay for any unamortized installation costs if the City chooses to terminate the agreement prior to the seventh contract year. Redflex has estimated its cost to install the equipment to range between $25,000 and $40,000 per approach. The City may incur additional costs in order to have special accountings from the Court which segregate the automated red light camera revenue from the other traffic citation revenues. The current monthly reports from the Court do not segregate funds from automated red light enforcement programs. Sergeant Shields has indicated that the Court will provide a separate breakout for automated red light violations, but that there may be a fee for this service. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 1, 2004, the City Council held a public hearing pursuant to Vehicle Code Section 21455.6, and at the conclusion of that hearing approved Resolution No. 2004-063 authorizing the implementation of a red light camera program. Thereafter, the staff began the RFP process. In accordance with City Council direction on March 21, 2006, City staff re -issued a modified RFP on March 27, 2006, to obtain technical services for the installation of an automated digital Red 407 Light Traffic Camera Enforcement Program within the City of La Quinta. The intended purpose of the program is to improve traffic safety by increasing compliance with traffic signal regulations. The enforcement equipment was to be installed at the intersection of Washington Street and Highway 111. As originally conceived, the program was intended to be entirely revenue neutral or positive for the City. The first year of the program was intended to test the benefits and costs of the program. On April 28, 2006, the City received three proposals from interested companies. Proposals were received from Redflex Traffic Systems, Inc., Nestor Traffic Systems, and American Traffic Solutions. The three proposals were evaluated by a Consultant Selection Committee consisting of Tim Jonasson, P.E., Public Works Director/City Engineer, Sergeant John Shields, City Police Department, and Nick Nickerson, Contract Project Manager. Following careful review of the proposed scope of services within each proposal, the Selection Committee unanimously agreed to pursue agreement negotiations with Redflex Traffic Systems, Inc. During the course of the last several months, staff has attempted to negotiate a service agreement with Redflex that met the City Council's direction that the vendor operational costs of the program be revenue neutral or positive for the City, with the exception of staff costs, police costs, and City Attorney costs. A copy of the Service Agreement that Redflex is willing to sign is attached. Recent amendments that Redflex is now insisting upon are shown in "track changes." As revised, the agreement deviates from the RFP in three fundamental respects: (1) the term is four years longer than what was proposed in the RFP; (2) the requirement to reimburse Redflex for unamortized installation costs is inconsistent with the RFP requirement that the City incur no costs for the installation of the equipment; and (3) the RFP anticipated that all four approaches to the intersection would be equipped with cameras. Unfortunately, the attached agreement represents the final position of Redflex. As noted above, Redflex is also requiring payments to Redflex out of automated red light violation proceeds for up to 12 months after contract termination (no matter when it is terminated) if an invoiced balance is still owed to Redflex. In essence, this would prevent the City from changing red light camera service providers (without a 12-month gap or paying off the deficit), since the City is required to "pledge" post -termination automated red light violation revenues to satisfy shortfalls under the Redflex contract. If the City Council wishes to proceed with the program prior to the date the City takes ownership of Highway 1 1 1, the City Attorney recommends that the City and Caltrans enter into an Memorandum of Understanding (MOU) relating to the Highway 1 1 1 /Washington Intersection pursuant to which Caltrans agrees not to change the intersection timing without the consent of the City. Such an MOU is 408 advisable due to recent legal challenges involving automated red light cameras at intersections where more than one agency has jurisdiction. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Service Provider Agreement as proposed by Redflex Traffic Systems, Inc. and authorize the City Manager to execute the agreement; or 2. Direct staff to attempt to further negotiate with Redflex Traffic Systems, Inc., and provide direction to staff as to what provisions should be revised; or 3. Direct staff to discontinue its negotiations with Redflex Traffic Systems, Inc. and pursue negotiations with the second ranked company, American Traffic Solutions; or 4. Table the matter; or 5. Provide staff with alternative direction. Respectfully submitted, Jimothy ona s n, P.E. ublic Wo s Die for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . "Draft" Service Provider Agreement �f 409 ATTACHMENT 1 SERVICE PROVIDER AGREEMENT BY AND BETWEEN CITY OF LA QUINTA I11►1 �7 REDFLEX TRAFFIC SYSTEMS, INC. REDLIGHT CAMERA ENFORCEMENT PROGRAM This REDLIGHT CAMERA ENFORCEMENT PROGRAM SERVICE PROVIDER AGREEMENT ("Agreement") made this day of June 2006, by and between Redflex Traffic Systems, Inc., having a place of business at 6047 Bristol Parkway, Culver City, California 90230 ("Redflex"), and the City of La Quinta, a municipal corporation of the State of California, having a mailing address of P.O. Box 1504, City of La Quinta, CA 92247-1505 and a physical address of 78- 495 Calle Tampico, City of La Quinta, CA 92253 ("City"). City and Redflex are collectively referred to hereinafter as the "Parties," and each singularly, a "Party". RECITALS: WHEREAS, the City desires for a o ethree-year test period to contract Redflex to provide Photo Enforcement equipment, processing and other services to assist the City to enforce its traffic laws; WHEREAS, the City believes that the use of an automated Photo Enforcement system(s) will benefit the public's health, safety and welfare; WHEREAS, Redflex has the expertise and experience to furnish, install, operate and maintain an automated Photo Enforcement system(s) and its related services; and NOW THEREFORE, for and in consideration of mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the parties hereto agree as follows: 1.0 SCOPE OF SERVICES 1.1 Redflex agrees to provide to the City the services briefly described below and more fully described in Exhibit A and Redflex's proposal "issued April 28, 2006". The Services shall include: (i) the equipment (the "Equipment") and software (the "Software") (collectively, the Equipment and Software shall be referred to collectively hereinafter as the "System"), to be supplied and installed by Redflex in accordance with Exhibit A; (ii) violation processing services; (iii) training of City personnel involved with the operation of the proposed technologies system as defined in Section 12.A .1 of Exhibit A; and Created on H% 0j2'v!;e; 10:f,9: 0 S:\CitvMar.\STAFF REPORTS ONLY\B1. aamt redl ned Au.^ 4 Gr rev.i.. 41 0 (iv) other support services for the System as defined in Sections 13, 14, 15, 16 and 17 of Exhibit A. 1.2 The City understands and agrees that (i) Redflex may subcontract with qualified, properly licensed third parties for the provision or installation of part or parts of the System or Services and (ii) installation of the System requires the City's cooperation and compliance with Redflex's reasonable and lawful instructions (including but not limited to City's provision of the available personnel, equipment, engineering plans, and other resources as described in Exhibit A or as otherwise reasonably requested by Redflex) and reasonable access by Redflex (or such third parties) to City premises and systems and the City agrees to provide all of the foregoing to Redflex, provided that it may be done without the disruption of City business. The City further agrees that the dates of installation and activation of the System set forth in Exhibit D may be subject to conditions beyond the control of Redflex. In the event Redflex should subcontract provision or installation of part or parts of the System, Redflex shall require each such subcontractor to provide insurance in favor of City in the amounts, and in conformance with the requirements, set forth in Section 7 "Insurance", and shall further require the subcontractor to execute an indemnity provision which provides to the City, at a minimum, the protections it is entitled to under Section 6.2. 1.3 The City understands and agrees that the System will be owned by Redflex (or its designees). The City agrees to indemnify and hold Redflex harmless for and from any damage to the System caused by the City or any of the City's employee's acting in the course and scope of their employment. The City agrees that it will use reasonable efforts to assist Redflex to identify and obtain compensation from any third party who is responsible for damage to the System or any part thereof. 1.4 REDFLEX shall be responsible for obtaining all necessary permits, licenses, and approvals for the installation of its System, and shall fully comply with all legal and regulatory requirements in doing so. 2. TERM 2.1 The Term of this Agreement shall be for a period as specified in Exhibit C hereto and starting with the commencement of the Base Operational Phase, as defined in Section 2.3, for a twelve thirtix(P22' 6) month "Beta Period", with two (Q2) c . etwo-year option periods which may be exercised in writing 30 days prior to the expiration of the prior contract period by the City in its sole and absolute discretion. If the City does not exercise its right of extension, the term shall expire at the end of the relevant period. 2.2 Should the City elect to add additional Systems, they shall be included within the current Term and shall be subject to the same terms and conditions of this Agreement. 2.3 Description of Phases (a,) Implementation/Installation Phase is defined as the period during which Photo Enforcement equipment, Police and Court systems, and Redflex Violation Processing System are supplied and or installed and made operational and ready for ticketing purposes. (b) Base Operational Phase is described as the on -going ticketing operation beyond the Implementation/Installation Phase. :: 411 3. TERMINATION AND EXPIRATION 3.1 This Agreement may be terminated in advance of its automatic expiration by either Party if the other Party defaults in the performance of any obligation under this Agreement and such default continues for more than thirty (30) days after written notice specifying cure period thereof to the defaulting Party. Termination of this Agreement pursuant to this Section 3.1 shall not relieve the breaching Party of any liability it may have under this Agreement or pursuant to law to the non - breaching Party. 3.2 Redflex may terminate this Agreement, or its provision of any Service or any part of the System, without liability, and with no termination or cancellation fee charged to the City, on thirty (30) days advance written notice, if Redflex concludes in its sole discretion that potential or actual liability of Redflex to third parties arising out of or in connection with the System makes the program impractical, uneconomical or impossible to continue. 3.3 Upon termination or expiration of this Agreement, the City shall immediately cease using the Software and Equipment in its possession, custody or control and shall (a)(i) immediately deliver to Redflex such Equipment and (ii) immediately deliver to Redflex or irretrievably destroy, or cause to be so delivered or destroyed, any and all copies of such Software in whatever form and any written or other materials relating to such Software in the City's possession, custody or control and within thirty (30) days deliver to Redflex a certification thereof or (b) allow Redflex access to the system(s) on which such Software is loaded and permission to Redflex to remove such Equipment and Software. Termination or expiration of this Agreement shall not relieve the City of any obligation to pay fees or other amounts due or accrued prior to such installation or termination. 3.4 If at anytime automated red light enforcement is determined by the City Attorney to no longer be legal in the State of California, or its continued use may impair the City's access to federal funding or other benefits to which it might otherwise be entitled or eligible, this Agreement may be terminated by the City with 30 days written notice without cost. 3.5 If for any reason the City determines, in the City's sole and absolute discretion, that it is in the City's best interest to terminate this Agreement, the City may, upon thirty (30) days prior written notice to Redflex, cancel this Agreement wit cest. In the event the City terminates this Agreement without cause. the City shall reimburse Redflex an amount equal to the unamortized cost. as hereinafter defined, of the direct labor costs and direct material costs (but not including equipment cost and salvageable material costs) solelv associated with the installation of Intersection Approaches which have been installed prior to termination. Redflex shall provide an itemization, with supporting; invoices and labor expense documentation, to the City of the amount of the direct labor costs and direct material costs (but not including equipment costs and salvageable material costs) solely associated with the installation of an Intersection Approach within thirt,(30) days of the completion of each Intersection Approach. said amount is expected to be in the range of $25.000 to $40,000 per Intersection Approach but, in no event, shall said amount exceed $40.000 pet- Intersection Approach. For the purpose of this section. the unamortized cost for each Intersection Approach shall be the amount derived by first, inultiplying the amount, which shall not exceed $40,000 per Intersection Approach, of the direct labor costs and direct material costs (but not including equipment costs and salvageable material costs) solely associated with the installation of an Intersection Approach by the number of complete months between the date of termination and the end of the initial term. and, then. by dividing said product by the number of complete months between the date of the completion of installation of the Intersection Arwroach and the end of the initial term. Example I system installed on l" day of contract; contract terminated for convenience on. I" anniversary. System unaniortized. costs $36,000 Unamortized cost = 24 (months from termination to end of term) * $27,000 36 (months from installation to end. of term) i.e. unamortized cost = $18.000 4. FEES AND PAYMENT 4.1 The City agrees to pay Redflex a fee (the "Fee") for Systems and Services as set forth in Exhibit B. • amount alleeated to and aetually feeeived by the City fef the appr-oaehes GE)VeFed by the Agreement ("the City Revenue") for the time pefiod eevered by the Fee, 4.2 Unless otherwise agreed, Redflex shall invoice the City monthly for Services provided during the previous calendar month. Except as otherwise set forth in this Agreement, and subject to the no deficit spending guarantee in the Beta Test Period, any sum due to Redflex pursuant to this Agreement shall be payable within thirty (30) days after receipt by the City of a correct invoice from Redflex. 4.3 A "correct" invoice, which can either be mailed to the City or sent by facsimile transmission or electronically, shall contain (i) Redflex's name and invoice date, (ii) description, price and quantity of the Systems and Services actually delivered or rendered, (iii) name (where applicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent, (iv) other substantiating documentation or information as may reasonably be required by the City from time to time, and (v) an estimated summary of the City Revenue associated with the approaches during that time period. 5. RESPONSIBILITIES OF THE CITY 5.1 The City shall provide Redflex with such "as built" drawings as are in the City's possession which Redflex, in Redflex's reasonable discretion, may require for the preparation of drawings for the installation of the System and shall process Redflex's engineering drawings without unusual or unreasonable cost or delay. 5.2 The City shall not levy any permit fees or, if municipal ordinance requires the assessment of fees, the City shall waive or be responsible for such fees associated with the installation of the System. 5.3 Subject to Exhibit A, the City shall provide all electrical power required by the System and access at the respective intersections. In the event that City determines that sufficient electrical power capacity is not available, Redflex shall pay for the upgrading of the existing electrical service. If City determines that existing electrical service is not upgradeable, Redflex shall pay for installation of 413 an additional service pedestal at the respective intersection. The City shall be responsible for ongoing electrical usage charges associated with the Service. 5.4 During the Term of this Agreement, except as expressly permitted by this Agreement, the City shall not use the System, or allow the System's use by a third party, without the prior written permission of Redflex. 5.5 Project Managers - To facilitate effective communication and to achieve order and accountability in the performance of the Parties' obligations under this Agreement, the Parities shall designate a "Project Managers." The Project Managers shall have the power and authority to make management decisions relating to the implementation of this Agreement in a timely manner, but shall not have the authority to change or modify the terms and conditions of this Agreement. The Parties may change their designated Project Managers from time to time upon written notice to the other Party. The City hereby designates its Public Works Director as the City's Project Manager. Redflex hereby designates Jim Newsom as the Redflex Project Manager. 414 6. WARRANTIES, INDEMNITIES AND LIABILITIES 6.1 WARRANTIES Redflex hereby represents and warrants that: (a) the System supplied hereunder will be of good workmanship and of proper materials. Redflex shall perform its Services with care, skill, and diligence, in accordance with the applicable professional standards currently recognized by such profession, and shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all reports, designs, drawing, plans, information, specifications, and other items and services furnished under the contract. Redflex shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations in performing its Services. (b) it has not entered into agreements or commitments which are inconsistent with its obligations hereunder, or with the rights granted to the City herein; and (c) for the duration of this Agreement, Redflex warrants that the operability and functionality of the Software and Equipment used pursuant to this Agreement shall be sufficient to satisfactorily perform this Agreement in accordance with its terms and all applicable laws and regulations. The City's sole and exclusive remedy and Redflex' sole obligation for the breach of the warranties set forth herein shall be for Redflex to repair, replace or correct the defective software or equipment sufficiently to satisfactorily perform this Agreement. 6.2 INDEMNITY Redflex 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 attorney's fees, for injury to or death of person(s), for damage to property (including property owned by City) relating to or arising out of any of the following: (1) the acts or omissions Redflex, its officers, employees subcontractors, and agents; (2) Redflex's Equipment; (3) Redflex's Software; (3) the Services; (4) the System; or (5)Redflex's performance or failure to perform under this Agreement. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Redflex shall provide a defense to the Indemnified Parties, or at the City's option, Redflex shall reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. In addition, Redflex shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 6.3 DAMAGE TO PROPERTY Notwithstanding any other provisions of this Agreement, each Parry shall promptly reimburse the other for damage it or its employees or agents caused to the others equipment or property used in the performance of this Agreement. 4 7. INSURANCE 7.1 Redflex represents that it and its employees are protected against the risk of loss by the following insurance coverage: (i) Comprehensive general liability insurance with a combined single limit of Three Million Dollars ($ 3,000,000.00) per occurrence; (ii) Comprehensive Automobile Liability Insurance for all owned, non -owned and hired automobiles and other vehicles used by Redflex with a minimum One Million Dollars ($ 1,000,000.00) per occurrence combined single limit bodily injury and property damage. Each such insurance policy shall name the City and its officers, officials, members, employees, agents and representatives (collectively, "City and City Personnel") as an additional insured. In addition, all such insurance: (i) shall be primary insurance and not contributory with any other insurance City and City Personnel, or any of them, may have; (ii) shall contain no special limitations on the scope of protection afforded to City and City Personnel; (iii) shall be "date of occurrence" and not "claims made" insurance; (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurer's liability; (v) shall provide that the policy (a) shall not be cancelled by the insurer or Redflex unless there is a minimum of ten (10) days prior written notice to City, and (b) shall not be non - renewed by the insurer or Redflex unless there is a minimum of fifteen (15) days prior written notice to City; (vi) shall be written by a California admitted insurer with a Best rating of not less than B+, Class X; and None of the above described policies shall require Redflex to meet a deductible or self - insured retention amount of more than Ten Thousand Dollars ($10,000.00) unless approved in writing by the City Manager of the City in his/her sole and absolute discretion. 7.2 Redflex also represents that it and its employees are protected against the risk of loss by Workers' Compensation insurance as required by the State of California Labor Code. Such insurance shall: (i) be endorsed to include a waiver of subrogation rights against City and City Personnel; and 416 (ii) shall provide for notice of cancellation as described in subparagraph 7.1(v) above. Such policies shall be written by a California licensed insurer with a Best rating of not less than B+, Class X. 8. RULES AND REGULATIONS The employees, agents and sub -contractors of Redflex, while providing Systems and Services pertaining to this Agreement, shall obey all pertinent rules, regulations and laws. 9. MISCELLANEOUS 9.1 SCHEDULES INCORPORATED BY REFERENCE The following Schedules are attached hereto and are incorporated herein. Exhibit A: Services Exhibit B: Pricing Schedule 9.2 RELATIONSHIP OF THE PARTIES Redflex is performing pursuant to this Agreement only as an independent contractor. Redflex has the sole authority and obligation to supervise, manage, contract, direct, procure, perform or cause to be performed its obligations set forth in this Agreement except as otherwise agreed upon by the parties. 9.3 CONSUMER PRICE INDEX 9.3.1 The Price for calendar years subsequent to the initial year may be adjusted by Redflex to reflect increases in costs of providing the System and Services; provided, however, that the increase in the Price shall not exceed the percentage increase in the Consumer Price Index -Urban during the twelve-month period preceding Redflex's notification of such price increase under this section, unless material changes require a greater appropriate adjustment. Redflex will notify Customer of the new Price not later than the last day of September of the year preceding the year for which such adjusted price applies. 9.3.2 As used herein, the term "Consumer Price Index" means the Consumer Price Index for All Urban Consumers (CPI-U), All Items, U.S. Average (1967=100), which is now compiled with the U.S. Department of Labor, and shall mean and include such other index or statistics as may succeed it, as adjusted to account for any change in the standard reference base year. 9.4 EQUAL EMPLOYMENT OPPORTUNITY Redflex agrees that on the selection of any subcontractor or the use of workmen or employees that Redflex will not in any way discriminate against any person, company or corporation due to race, sex, sexual orientation, age, nationality or origin. l 417 9.5 PROTECTION OF WORKERS Redflex agrees to adequately and properly protect its workers and to adhere to and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the work and shall comply with all OSHA requirements. 9.6 EQUIPMENT/SOFTWARE 9.6.1 It is understood by the City that the Equipment/System being installed by Redflex is, and shall remain, the sole property of Redflex or its nominee. The equipment/System is being provided to City only under the terms and for the duration of the term of this Agreement. 9.6.2 Redflex shall hold harmless, defend and indemnify the City from all claims, demands, loss or actions arising out of any alleged patent infringement concerning the System/equipment used herein in the performance of this Agreement. Redflex's obligations under this paragraph shall provide the City with the same rights as set forth in Section 6.2, and Redflex shall have all duties and obligations set forth therein. 9.7 NOTICES Wherever one party is required or permitted to give notice to the other pursuant to this Agreement, such notice shall be deemed given when delivered in hand, via overnight courier with signature required, or three (3) days after being mailed by first-class United States mail, postage prepaid, and addressed as follows: In the case of the City: Tom Genovese, City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 In the case of Redflex: Karen Finley, CEO Redflex Traffic Systems, Inc. 15020 N. 74t' Street Scottsdale, AZ 85260 Either party may from time to time change its designated recipient or address for notification purposes by giving the other party written notice of the new designated recipient or address and the date upon which it will become effective. 418 9.8 SEVERABILITY If, and only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provision, it being the intent and agreement of the parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, another provision that is legal and enforceable and achieves the same objective shall be substituted. If the remainder of this Agreement is not affected by such declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law. 9.9 WAIVER No delay or omission by either party in the exercise of any right or power shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties of any of the covenants, conditions or agreements to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. No change, waiver, or discharge hereof shall be valid unless in writing and signed by an authorized representative of the party against which such change, waiver, or discharge is sought to be enforced. 9.10 REMEDIES All rights and remedies set forth in this Agreement, including but not limited to those rights and remedies set forth in Section 6, shall be cumulative and in addition to and not in lieu of any other remedies available to either parry at law, in equity or otherwise, and may be enforced concurrently or from time to time. 9.11 SURVIVAL OF TERMS Termination or expiration of this Agreement for any reason shall not release either party from any liabilities or obligations set forth in this Agreement which (i) the parties have expressly agreed shall survive any such termination or expiration, or (ii) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. 9.12 HEADINGS AND INTERPRETATION The Article and Section headings used herein are for reference and convenience only, and shall not enter into the interpretation hereof. 9.13 GOVERNING LAW The construction, enforceability, validity, and interpretation of this Agreement shall be governed and construed in accordance with the laws, other than the choice of law rules, of the State of California 419 9.14 ENTIRE AGREEMENT AND MODIFICATION This Agreement, including any Exhibits and any documents referred to in this Agreement or attached hereto, each of which is incorporated herein, constitutes the entire and exclusive statement of the agreement between the parties with respect to its subject matter and there are no oral or written representations, understandings or agreements relating to this Agreement which are not fully expressed herein. The parties agree that any other terms or conditions included in any quotes, acknowledgments, or other forms utilized or exchanged by the parties shall not be incorporated herein or be binding unless expressly agreed upon in writing by authorized representatives of the parties. No modification, change or amendment hereof shall be valid unless such is in writing and signed by the authorized representative of the party against which such modification, change or amendment is sought to be enforced. 9.15 MISCELLANEOUS 9.15.1 Attorney's 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 attorney's fees and costs of suit from the losing party. 9.15.2 Venue — If either party commences an action against the other party arising out of or in connection with this Agreement, that action shall be prosecuted in a superior court in the County of Riverside, City of Indio, California. 9.15.3 Except as specifically provided in this Agreement, this Agreement shall be binding on the parties and their respective successors and may not be assigned, nor may performance be delegated, by either Party without the express written consent of the other Party. law. 9.15.4 This Agreement has been entered into in California and is government by California [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 420 IN WITNESS WHEREOF, Redflex and the City have each caused this Agreement to be signed and delivered by it's duly authorized representative as of the date first set forth above. CITY OF LA QUINTA By: Name: Title: Approval as to form: CITY ATTORNEY BY: Name: REDFLEX TRAFFIC SYSTEMS, INC. Name: Title: 40� Exhibit A SERVICES 1. Technical Scope LA. Equipment: Redflex shall provide install and support all equipment including, but not limited to, poles, cabinets and related operational equipment at the intersections selected by the City. A complete description of the equipment proposed and approaches covered shall be furnished to the City prior to the City's execution of this Agreement. In addition, Redflex shall provide a "Vehicle Code Compliance Plan" prior to the City's execution of this Agreement that demonstrates that it's Service will be provided in strict compliance with the California Vehicle Code provisions governing red light camera programs. The Vehicle Code Compliance Plan shall be subject to the approval of the City Attorney and the Police Chief. I.B. Overall Requirements: The proposal shall address the following proven equipment capabilities: 1.B.1. The Camera System shall record images on magnetic media. Film based systems are not acceptable. 1.B.2. The Camera System shall not require detection technologies that are cut into/embedded in the road surface. 1.B.3. The Camera System shall be modular in construction and will facilitate rapid installation and maintenance. Installation procedures will minimize disruption to site traffic flows. 1.B.4. The Camera System shall generate secured, multiple -view violation evidence that can be communicated to and processed using Redflex-supplied or operated photo enforcement processing systems. 1.B.5. The Camera System shall be fully suitable and functional for unattended use under all weather and ambient light conditions. 1.13.6. All Camera System component operations shall be synchronized to a standard, independent, external and verifiable time and date source. 1.B.7. The System shall support `wanted vehicle' and/or dual red/speed upgrades. 1.B.8. The System shall be capable of being flexibly configured to address the specific number of lanes to be enforced at each direction of travel at the site. 422 2. Functional Requirements: 2.A. The system shall be capable of identifying vehicles traveling through a signalized intersection during the `red' signal phase and recording a series of violation images that track the whole violation event from before the stop -bar and through to exiting the intersection. 2.13. `Scene' images will be captured to display the red signal in the vehicle's direction of travel. 2.C. The System shall be capable of capturing multiple, license plate images displaying the characters and numbers on reflectorized and non-reflectorized license plates. 2.D. The System shall be capable of capturing multiple drivers face images. 2.E. The System shall be capable of detecting and capturing evidence of violation by slow moving vehicles and long wheel base vehicles. There shall be no minimum `threshold speed' for effective vehicle presence/violation monitoring and for evidence capture. 2.17. In addition to monitoring straight through violations, the System shall be capable of detecting and recording evidence of left -turn violations, including violations by slow moving left -turn vehicles or `California stops'. 2.G. In addition to monitoring straight through violations, the System shall be capable of detecting and recording evidence of right -turn violations. 3. Camera Unit Housing: The camera unit housing shall be a complete stand alone system mounted to a pole separate and independent of City's infrastructure and which shall be compatible with City's infrastructure. 3.A. Sealed to be weather, dust, water and spray resistant. 3.B. Securely lockable. 3.C. Finished in baked enamel, powder coated, or other similar weatherproof finish. Color shall be approved by the City. 3.1). Capable of being securely mounted to a Redflex supplied pole representing a stand alone system and compatible with City's intersection infrastructure by agreement with the City. 3.E. Shall neatly, internally contain all cable assemblies and terminal blocks. 3.F. Shall occupy a minimal space envelope with the longest side being no greater than 24" (and preferably smaller) to minimize negative aesthetic impact on the streetscape. Lf 41 3 3.G. Shall locate system processors in separate securely locked cabinets to maximize protection for system operations and to facilitate maintenance without disruption to passing vehicle traffic. 4. Imaging Units 4.A. Each imaging unit's operation shall be microprocessor controlled and fully automatic. 4.B. Each unit shall record images at 30 frames per second or faster. 4.C. Units shall allow aperture adjustment. 4.D. Units shall support optional emergency monitoring of the intersection. 5. Traffic Signal Detection S.A. Redflex will offer options for signal phase detection that do not require connection to the traffic signal controller in addition to opto-isolated detection systems for the City's selection. Any signal phase detection system shall be capable of: 5.A.1. Detecting and identifying each traffic signal phase. 5.A.2. Monitoring and recording the number of seconds during which the signal has been in the prior amber or current red phase (to an accuracy of 0.01 of a second or better). 6. Violation Detection System Any system to detect potential red light running violations shall be: 6.A. Non -intrusive i.e. not utilize in -road sensors or loops. 6.13. Modular and movable between enforcement sites. 6.C. Direction sensitive. 6.D. Lane specific Capable of capturing multiple -image sets that may be reviewed to confirm vehicle presence prior to the stop bar during processing. Each of these images shall display a data bar as specified in 7.J. 6.E. Not based on estimated vehicle speed. 7. Camera System Operations The camera system shall: 7.A. Be capable of on -site or remote activation and maintenance support. 4 n 1. 4 7.13. Allow for `delay into red' to be set before evidence of violations is recorded during the red signal phase, with the delay to be adjustable (in hundredths of a second or less). Delay into Red time to be determined by the City Public Works Department in consultation with City Police Department. 7.C. Record multiple -image sets for each of the `scene', `face' and license plate face evidentiary requirements required to prove a violation. 7.D. All images in each set shall display data bars as specified in 7.J. 7.E. Record event -specific evidence to substantiate multiple, simultaneous and/or concurrent violations occurring during any red signal phase. 7.F. Count the number of violations. 7.G. Record dual -view scene image sets with one set showing a series of rear -shot views of the vehicle's approach to and travel in the intersection, and the second set showing clear, unobstructed views along the length of the stop bar to provide visual records of vehicle movement before and across the stop bar with time into red on the recorded data bar. TH. Allow a malfunction to be easily identified and debugged on-line. The system shall: 7.H.1. Perform self -test on set-up. 7.H.2. Simulate a violation being recorded for testing. 7.H.3. Communicate error messages. 7.11.4. Record time and date of system shutdown in the event of a malfunction. 7.I. Record data pertinent to each violation in a flexibly configured data bar that is embedded onto recorded image. With each scene, license plate, stop bar detection (and face) images that may be used to prove the violation. 7.J. The data bar embedded to violation images shall contain the following information for each violation. 7.J.1. Unique violation identifier incorporating the City/County ID. 7.J.2. Location identifier (text) and preferably GPS co-ordinates. 7.13. Date (MM/DD/YYYY) or (DD/MM/YYYY). 7.J.4. Time (24-hour clock). 715. Direction of travel. 7.J.6. Traffic signal phase. 7.J.7. Time into the `red' phase. 74.9. n fati _,n of the ir'iei—[nTiber-' phase. 7.J.9. Vehicle lane of travel. 7.J.10. Technology supplier. 7.J.11. Camera ID. 4?5 7.K. Encrypt violation images and data to ensure security of primary evidence. 71. The system captures high quality images over 24 hours without requiring the use of white flash lighting. 7.M. Any illumination technology shall be modular and capable of easy relocation or replacement. 8. Violation Processing Technologies 8.A. There shall be no requirement to install Redflex-processing software on the City's systems. 8.B. The Redflex will operate fully Internet -enabled violation processing services with the functionalities described in section 8.D for the City and will pre-process violation evidence before making it available for police authorization, notice printing and issuance. Only events that have been authorized by assigned City Officers may progress to notice printing. 8.C. All accesses to the violation processing system for the purpose of pre-processing evidence, police authorization, notice printing, payments tracking, and generation of courts evidence packages shall be Internet enabled and shall be accessible 24 X 7 as convenient for authorized users. 8.D. The violation processing system shall provide the following f inctionalities: 8.D.1. Internet Web -enabled access and operation. 8.13.2. Secure user log -in and access control procedures. 8.D.3. Processing support for both red light and/or speed enforcement and ticketing as may be applicable. 8.D.4. Automatic presentation of images and data captured by the camera system onto review PC's. 8.D.5. Easy review of violation evidence against local regulations. 8.D.6. Ability to both view individual frames in any sequence and to `play' multiple -image sets and record as a `movie' display. Scene, plate, stop bar detection validation and face record as video display and ability to view individual frames in any sequence. 8.D.7. Ability to select any two images from the multiple -image rear -shot scene set in order to `prove' the violation (and subsequently printing these to the notice). 8.D.8. Ability to `crop' a license plate image area from the optimal license plate image in the multiple -image license plate set to establish vehicle ID, and subsequently print the cropped plate area image to the notice. 8.D.9. Ability to `crop' the driver's face area only from the optimal frontal -shot vehicle image in the multiple -image frontal face set to establish driver ID, and subsequently print this to the notice. :�.. 426 8.D.10. If the rear -shot scene image of the vehicle prior to the stop bar on red is obscured for any reason, the ability to review an additional image set that displays clear views of vehicle movement along the length of the stop bar (intersection line) i.e. across the direction of travel. 8.D.11. Ability to `accept' or `reject' violation sets and record rejections. 8.D.12. Ability to review `accepted' violation sets for Police Authorization purposes and select alternative scene images to prove the violation if desired. 8.D.13. Ability to generate printed warning letters (during the first 30 days of program operations at the Authority's discretion). 8.D.14 Ability to automatically generate printed traffic notices. 8.D.15 Ability to automatically print authorized violation images (2 scene images, the cropped license plate and optionally, a cropped driver's face image) to the notice. 8.D.16. Ability to store and archive all processed violation evidence into a secured database. 8.D.17 24X7 ability to access any stored violation image from the system database subject to agreed archived rules. 8.D.18 24X7 ability to request and immediately view Courts Evidence Package image sequences displayed as video or as either individual high resolution still shots or send selected images to printing locally. 8.D.19 Ability to support public viewing requests. 8.D.20.24X7 ability to immediately view and print standard and City defined `wizard' reports. 8.D.21. Secured access control and automatically generated Electronic Audit Trails. 8.D.22. Encryption and decryption management. 9. Redflex's Processing System Redflex's processing system shall be capable of immediately generating operations reports 24X7 including: 9.A. Number of violations recorded. 9.13. Count of violations where notices not prepared. 9.C. Notices prepared and mailed. 9.D. Status of notices issued (outstanding, canceled, reissued and so forth). 10. Redflex's System Redflex's System must be capable of exporting data and images to Microsoft Programs (word or Excel) or export them in standard file formats for use in other programs (.txt, jpeg,_ bmp, etc...). ;f 427 11. Redflex Reports Redflex shall also supply reports of: 11.A. Camera equipment hours of service and hours lost. 11.B. Number and description of camera or other equipment malfunctions 12. Program Service Training Requirements - Redflex will provide all training in the operation of the proposed technologies system to assigned City Personnel. Redflex will provide the training to all personnel in a classroom setting not to exceed 8 people per class. Redflex will specify requirements for training delivery and training program assets to be provided. 13. Public Relation Support Services - Redflex will provide professionally resourced public information support services to include strategy development, the production of proposed program assets (to be specified by the Redflex). The public relations campaign will be consistent throughout the contract period. Redflex shall describe how its proposed solution will enhance public support for program operations. 14. Expert Witness Testimony - Redflex will provide, at its own expense, Expert Witnesses to testify as to the accuracy, operations and reliability of the red light camera system and related equipment for contested violations and will propose additional services to reduce the incidence of contests and to efficiently manage likely contests. 15. California Customer Support Services - Customer support services will be provided by Redflex through its own customer support facility to be located within California. 15.A. Prompt system maintenance services to all installed technologies. 15.B. Expert consultancy services to support selection of enforcement sites. 16. System Verification - System reliability for reporting violations shall be consistently demonstrated. Contractor shall provide evidence of proper system operation on a quarterly basis to ensure there are no "false" violations recorded. 42)VO 17. Signage "Photo Enforced" 17.A. Redflex shall, at its own expense, be responsible for the installation of signage at all red light camera installed signalized intersections. On the signal pole of the photo enforced intersection where the mast arm connects to the pole, an SR56 sign (42"00") shall be installed. The top sign, W3-3 (30"00") shall be image of a traffic signal head. The bottom sign shall be R10-19 (24"06") 7" letters (PHOTO ENHANCED).The signage at all approaches to the intersection shall be installed 500 feet in advance of each intersection leg that is photo enforced. The sign shall be placed on a 4 inch x 4 inch wood post and the bottom sign shall be installed at a height of 7 feet from grade. EXHIBIT B PRICING SCHEDULE Per approach pricing Designated Intersection Approaches will be determined by mutual agreement between the Customer and Redflex based on intersection collision history, average daily traffic volumes and other pertinent safetv factors. An Approach is defined as one direction of travel of one or more lanes on a road or at a traffic intersection. Each approach system shall provide front driver and rear license plate photos, and a wide- angle intersection view showing the violator vehicle both before and after entering the intersection. Pricing below is provided for Dual -Camera RI-RLCTM systems (providing the optimal Rear -Plate and Frontal —Face imaging for driver ID as per CA law). HIGHWAY 111 AT WASHINGTON STREET Dual Imaging, Front and Rear PRICING PER INTERSECTION APPROACH SYSTEM CONFIGURATION *FIXED MONTHLY FEE NOTES STRAIGHT THROUGH, LEFT TURN LANES & RIGHT ON RED —6,310.00 - $ 6,ca —cr ✓10w Washington Street S13 Approach $ 6,310.00 Washington Street NB Approach $ 6,310.00 * The Fixed Monthly fee will not be charged during the 1 month warning period. "Stop Loss" Guarantee 1 The Customer agrees to pray Redflex within thirty (30) days after the invoice is received City shall be obligated to pay the cumulative balance invoiced by Redflex, in. accordance with terms set forth above to the extent of gross cash received by the City from automated red light violations In the event that a balance remains unpaid due to a deficit in gross cash received by the City compared to invoiced amounts, City will provide to Redflex with each monthly payment an accounting of such gross receipts supporting; the amount withheld. 2. In the event that the contract ends or is terminated and an invoiced balance is still owed to Redflex all subsequent receipts from automated red light violations for a period. of 12 months from date of termination will be applied to such balance and paid to u 430 Redflex 3 Payment will only be made by Customer up to the amount of cash. received by Customer from Riverside County through the collection of red light citation up to the amount currently due. 4 Cost neutrality is assured to Customer using this tnethod.ology as Customer will never pay Redflex more than actual cash. received. ... �. • r r .• Example Scenario 1. 1 system installed I st day of contract Month 1 Fee $6 310 Balance due $6 310 Receipts $0 Citypays $0 Month 2 Fee $6 310 Balance due $12 620 Receipts $3 000 City pays $3 000 Month 3 Fee $6 310 Balance due $15 930 Receipts $10 000 Cit_y pays $10 000 Month 4 Fee $6 310 Balance due $12 240 Receipts $25,000 City pays $12.240 Scenario 2. 1 system installed 1st day of contract terminated after 12 months with balance remain:in Month 11 Fee $6 310 Balance due $15 000 Receipts $5,000 City pays $5,000 Month 12 Fee $6 310 Balance due $16 310 Receipts $5,000 City pays $5,000 Montle 13 Fee $0 Balance due $1 1,310 Receipts $5,000 City pays $5,000 Month 14 Fee $0 Balance due $6 310 Receipts $4,500 City pays $4,500 Month 15 Fee $0 Balance due $1 810 Receipts $4 200 City pays $1 810 Month 16 Fee $0 Balance due $0 Receipts $3,900 C1 ity pays $0 Similarly, Redflex shall not be required to maintain operation of any intersection, in the event any intersection fails to meet a minimum fee status for fifty percent (50%) of the monthly fee in any six (6) month period. 431 EXHIBIT C CONTRACT PERFORMANCE BETA TEST PERIOD The Program's "Beta Period" is defined as the first twelv� thirq six months of the Base Operational Phase. Notwithstanding anything contained in this Agreement to the contrary, and on first of the eammeneeme tfollowing completion of the Base Operational Phase, this Agreement shall be terminated automatically unless 30 days or more prior to the automatic termination, the City, acting in its sole and absolute discretion, provides REDFLEX with 30 days written notice of the City's election to exercise Option 1 to extend the Agreement for an additional year. If the City exercises Option 1, then the Agreement shall automatically terminate on the second anniversary of the commencement of the Base Operational Phase, unless 30 days or more prior to the automatic termination date, the City, acting in its sole and absolute discretion, provides REDFLEX with 30 days written notice of the City's election to exercise Option 2 to extend the Agreement for an additional year. Upon termination, REDFLEX agrees to remove the System(s) within 30 days and cease Services. REDFLEX shall, at its sole costs, restore all areas in which its System was installed to the condition they were in prior to the installation. The restoration shall be completed to the satisfaction of the Public Works Director. OPTION 1 At the end of the Beta Operational Phase as defined as the first twelva, thii-ty sixsix months the City may exercise the first option for an additional twentelve months. OPTION 2 At the end of Option 1 as defined as the s _ end twelve ,,,,, above the City may exercise the second option for an additional t-wel-,,-e-twenty four months. 432 EXHIBIT D SCHEDULE 4 33 T4hf 4 XP Qum& COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Consideration of an Art Purchase Agreement for the Design of the Library Bus Stop RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Select from the two proposals recommended by the Community Services Commission and approve an Art Purchase Agreement (Attachment 1) for the design of the Library Bus Stop, subject to final approval by the City Manager and City Attorney. FISCAL IMPLICATIONS: The City Council has tentatively approved up to $80,000 for this project. Actual budget will be determined by the selection of an Artist. Adequate funding is available in the Art in Public Places Program Account No. 270-0000-451 .74-80. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 21, 2006, the City Council a; '`that the Community Services Commission work on a "library -specific" des' `` ;the library bus stop. On May 16, 2006, the City Council authorized staff to distribute a Request for Proposals (RFP) to design and construct a bus stop with a library theme located near the La Quinta Public Library on Calle Tampico. On July 21, 2006, five proposals were submitted for the Community Services Commission review. 434 On August 14, 2006, the Community Services Commission reviewed the five proposals and presentations. The Commission has selected two proposals for City Council consideration. One proposal is from Kay Henkel (Attachment 2) and another proposal is from Bill Ware (Attachment 3). This project consists of the design, plans, estimate, professional services, permits, approvals, attending any and all meetings, and full construction of an original bus stop with a "Library Theme." FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an Art Purchase Agreement in the amount of $56,000 with Kay Henkel for the design of the Library Bus Stop; or 2. Approve an Art Purchase Agreement in the amount of $79,555 with William Ware for the design of the Library Bus Stop; or 3. Do not approve an Art Purchase Agreement for the design and construction of the Library Bus Stop; or 4. Provide staff with alternative direction. iRespe tfully submitted, Edie Hylton, eommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Art Purchase Agreement 2. Kay Henkel Art Proposal 3. William Ware Art Proposal 435 ATTACHMENT 1 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this, by and among THE CITY OF LA QUINTA, a California municipal corporation (the "City") and (referred to as "Artist"). RECITALS A. The City Council is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the artist on the Library Bus Stop (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the attached Scope of Design Build Services (Exhibit A) and the Schedule of Performance (Exhibit B), respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. The Artist shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Artist shall at all times maintain proper'facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection SACommunity Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 3 and without the approval thereof, or consent thereto by the City. The Artist shall promptly notify the respective departments or official bodies when the artist's work is ready for inspection and the artist agrees, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished there under, and the same shall in no way affect or make void this Agreement. Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change there from is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location, which is designated in Exhibit E, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be agreed between the City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The City shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City and Artist as soon as practicable following installation. c. Upon installation of the Artwork, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide the artist with reasonably specific written objections to the installed Artwork. or 437 notify the artist of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of SACommunity Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 1 4 the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the filing of the Notice of Completion. At that time, the ownership and responsibility for the Artwork will rest with the City of La Quinta. 1.7 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist during fabrication and installation, and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. 1.9 Payment: The artist shall be paid the compensation set forth in Exhibit C. The total compensation to be paid to the Artist shall not exceed $ dollars). ARTICLE II. TIME OF PERFORMANCE 2.1 Time. The Artist agrees to punctually and diligently perform all obligations under this Agreement. It is further understood and agreed that should the Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency, or makes an assignment, for benefit or creditors, without the City's prior written consent, or fails to make prompt payment to his material men and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City may, at its option, (1) after giving twenty-four (24) hours written notice to Artist and City as applicable, provide any such labor and materials as may be necessary ; or (2) terminate the Artist's right to proceed with the work and, in the event, the City, at its option, shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefore. In the event City provides labor and/or materials, as set forth in (1) above, or finishes the work, as set forth in (2) above, City may deduct the cost of such labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by the City is completely finished. At that time, if the unpaid balance of the amount to be paid to the Artist under this ,� o Agreement exceeds the expenses incurred by the City in providing labor and materials and/dr in C� finishing Artist's work, such excess shall be paid by the City to Artist, but if such expense shall S;\Community Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc �j exceed such unpaid balance, then Artist shall promptly pay to City the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City as herein provided, either for furnishing materials, or for finishing the work, and any damages incurred by the City by reason of Artist's default, shall be chargeable to, and paid by Artist, aforesaid, to secure the payment thereof. If the City elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City for losses or damages resulting for the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City, after ten (10) days written notice to Artist, may without prejudice to any other remedy it may have make good such deficiencies. In the event the City makes good such deficiencies, it may deduct the cost thereof from the payment then or thereafter -due Artist. In addition to specific provisions of Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock- outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by City and Artist. ARTICLE Ill. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City that the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The`�Cfty 4 3 9 shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City and at no cost to the City cure reasonably and S:\Community Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 6 promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seg., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City provided, however, that at such time as Final Acceptance by the City, the City alone may grant such approval. The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City shall contain a credit to the Artist and denote its location, provided that United States copyright law protects the Artwork and reasonable substantiation thereof is provided to the City. 5.3 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the site location, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due t a breach of the representations and warranties set forth herein. li 40 SACommunity Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 7 b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. All decisions regarding alterations to the Artwork are within the sole and absolute discretion of the City. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the California Art Preservation Act, as set forth in Section 987 of the California Civil Code and the Visual Artists Rights Act of 1990, as set forth in 17 United States Code Annotated, Section 106A, and the rights and protection afforded Artist there under, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code and under 17 United States Code Annotated, Section 106A, to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist shall notify the City of changes in address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venture, partner or an employee of the City. The Artist shall not: a. be supervised by any employee or official of the City; b. exercise supervision over any employee or official of the City; c. have authority to contract for or bind the City in any manner; or represent itself as an agent of the City; or otherwise be authorized to act for or on behalf of the City; d. has status as the City's employee or has any right to any benefits that the City grants to its employees. SACommunity Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 8 ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City may, at either its option, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from the City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the City. In such event and upon Artist's written request, the City shall remove Artist's name from the Artwork. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated herein, none of the Artist and the City shall discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT This Agreement, and all of the exhibits attached hereto, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. ARTICLE XI11. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER No waiver of performance by any party hereto shall be construed as or operate as a waiver pf any subsequent default of any terms, covenants and conditions of this Agreement. 'Jhe 442 payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. SACommunity Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 9 ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California, which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this.Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees and expert witness fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVII. NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: CITY: ARTIST: City of La Quinta Attn: Community Services Director P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92247-1504 (760) 777-7032 ARTICLE XVIII. INDEMNITY Artist shall defend, indemnify and hold harmless 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, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Artist, its officers, employees representatives, and agents, which arise out of acts or activities of Artist or Artist's Officers, employees, agents or representatives ("Claims"), whether or not such.act or activity is authorized by this Agreement, except to the extent of such loss as may be caused 443 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 S:\Community Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 10 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 attorneys' fees, incurred in defense of such Claims. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parities. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Artist, as applicable, shall not proceed with any work nor receive payment under this Agreement until, among other things; the City has received the appropriate insurance certificates. Artist, prior to completion, shall maintain or cause to be maintained standard all-risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insured as respective operations and activities of, or on behalf of the named insured, performed under contract with the City of La Quinta." Prior to commencing any work under this Agreement, Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be the Artist's responsibility to see that the City receives documentation acceptable to the City, which sustains that the individual signing said endorsement is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option, terminate this Agreement. City's termination of the Agreement, however, is an alternative to other remedies the City may have, and is not the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. 444 SACommunity Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 11 Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's, or Artist's respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement, which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Artist shall not offer any substitute in said proposal or if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one as shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. 445 SACommunity Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written below. CITY: ATTEST: Deborah Powell, Interim City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ARTIST: CITY OF LA QUINTA, a California Municipal Corporation By: THOMAS P. GENOVESE, City Manager City of La Quinta, California Dated: Dated: Dated: 44S SACommunity Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 13 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES I. SCOPE OF WORK 1 . Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Artist is responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged to the Artist. 4. Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and Sunline. II. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this agreement. 2. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. 4. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall provide all specialty lighting required to complete the artwork. 7 7. Artist shall supply all landscaping required to complete the Artwork. SACommunity Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 14 III. SPECIFIC ITEMS OF INCLUSION 1. The Artwork consists of: 4 48 S:\Community Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc I - _ 15 EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately ^ days to complete the fabrication of the Artwork upon submission of the information from the City. Work will commence during the month of and be completed, installed and functioning by approximately , contingent upon submission of the information from the City. REVIEWS: There may be one review by the Community Services Commission of the work in progress if the Commission deems it necessary. The project may be reviewed by the City Council as deemed appropriate. 449 SACommunity Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 16 EXHIBIT C SCHEDULE OF COMPENSATION PRICE: Total Not to Exceed SCHEDULE OF PAYMENTS: First payment due upon execution of Art Purchase Agreement (50%) $ Final payment due upon filing Notice of Completion (50%) $ 450 S:\Community Services\Art in Public Places \Agreements\Art Purchase -Library Bus Stop.doc 17 EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: WHEREAS, by that certain Art Purchase Agreement dated ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the City has executed this certificate this day of .2006. CITY OF LA QUINTA, a California Municipal corporation By: 4� 4'1 SACommunity Services\Art in Public Places\Agreements\Art Purchase -Library Bus Stop.doc 18 ATTACHMENT 2 Biography Kay Henkel Kay Henkel works as a full time Artist out of her studio and gallery in Palm Springs, California. As a full time Artist, sheds known for her ability to project body language, depth and great emotion in her work. She uses varied media, including clay, plaster and bronze. From her life-size pieces of plaster and fabric, worked over the model's body, Kay has tackled a great assortment of sculptural problems and solved them beautifully.There is equal=, brilliance in all phases of her work, from life size figures, to intimate portraits of children. The artist's one of a kind works are prized by private collectors throughout the World. Founder of the Sculptures Workshop in Edmonds, Washington. Fifteen years, instructor of the Village Center of the Arts in Palm Springs, California. Honored member of the National Sculpture Society. Top award winner for five consecutive years at the prestigious Palm Springs Desert Museum. Kay also holds summer workshops along the West Coast and in Canada. Corporate clients include: Canyon Hotel, Palm Springs, California, Mama Gina's Restaurant, Palm Desert, California, Mayflower Hotel, Washington DC, Radisson Hotel, Denver, Colorado, By Design, Los Angeles, California, New Arts Center, San Francisco, California. Internationally: Beijing / Wheaton Glass, Beijing, China, Artsan Village in Chemainus, British Columbia and a portrait of Gilquist S. Olympio pretender to the throne of President of Togo, West Africa. One of a kind works are prized by by many private collectors including: Gene Hackman, William Holden Estate, Lucille Ball, Sonny Bono, Mr. and Mrs. Sidney Shelton, Stella Stevens, Mrs. William Demerest, Financier Peter Lynch, Damon Key Leong of Kupchak Kastert Law Corporation, Honolulu, Hawaii and Gilquist S.Olympio, Guana, West Africa. ( Published in the Seattle Times) Kay Henkel enjoys every minute of life. Her sense of play and good humor permeates her creations and is more than evident in this series of (Palm Springs Bathing Beauties) Originally from the state of Washington and now working from her studio in Palm, Springs, California, Kay, the person and the Artist has become known and collected throughout the World. Her nuance in sculpture, capturing just thetint of a smile or pause just before a frown, sets her apart. A stroll through her studio / gallery brings emotion to the surface without a word. Many of her works grace the homes of the elite, but it is her connection with the everyday that is her true genius. u 452 19 This proposed structure is 6 foot wide and 15 foot long, which is the same as the original bus stop. These are the changes: The back has a 5 foot concrete wall on the right side from top to bottom. It is 7 and 1/2 feet tall and 5 feet wide. A 4 inch thick wall is made of a cement Portland product, four shelves with books in base — relief, are carved into the surface 2 inches deep. This will be made from a wood mold and when the cement is nearly dry, details of the books are refined. The surface will be smooth. Rebar will be used inside this wall extending through the bottom and into the concrete base, cement epoxy will further stabilize the rebar. The bench is 7 feet long made from the same material, a design of 3 stacks of books will substitute for bench legs. Rebar will extend through the book design into the seat and down into the concrete base, held by rebar and cement epoxy. The figure of a child, absorbed in reading his book, is of the same material. He stands on a raised base, leaning against the 6 inch support post, he is approximately 45 inches tall, which is the average height of a 5 year old, rebar is used going through the body of the child, into the legs and deep into the concrete foundation. His back is against the support post, and flat head anchor bolts will be used there to keep him secure. I work often in bronze, however I do not think this is practical in this situation. Project Schedule: Nine Weeks Construction Team Tagert Construction Co. license Number 859258 Owner: Joseph Bishop, La Quinta, Ca. 4 a 3 20 O U � � O �, N cod 4>Q' goo 5 IZ � �AonNo. o.o .Y �n Mx i 455 22 4 s•.-i -Cold a i "4 y KJ 457 24 KAY HENKEL Sculptress toleach in La Quinta LA QUINTA - Local sculptress Kay Henkel will be teaching a sculpture class at the La Quinta Arts Foundation Studio beginning Oct. 28. The studio is located in Plaza La Quinta at the comer of Highway 11 I and Waslrington Street, and classes will be held from ? to 9:30 p.m. The fee is $80 for eight classes and registration is ongoing. For registration nr further information, contact the La Quinta Arts Foundation at 564-1244 or 345-8870. 458 25 ATTACHMENT 3 William Ware -Artist "Enjoy The Ride" It was definitely a challenge to come up with an artistic concept and design for a bus stop with a library theme. I am only interested in creating an artistic statement without being too obvious. I think I came up with something I feel reflects the fundamental purpose of a library: to promote reading and transmit knowledge. I do not want the responsibility of picking the quotations for the side(s) and back panels, so I would like to get the "quotations" form the La Quinta community. It is just a matter of submitting and choosing some quotes that work with the library theme. I chose a sculpture of a Tortoise and Hare on books for a several reasons: 1. I love to incorporate nature elements in my designs. 2. The Tortoise and Hare are indigenous to the area. 3. Fun for the youth. 4. One of my favorite books as a kid. 5. It tells me, and hopefully others, to slow down and "enjoy the ride" 4 59 26 Ic U . ,o r L� :z {' 7-lti " _. b e. Dfs�l 'T}-t e RIG GR:UIfI�.'�6'�1 YYt ina r Pj �, 464 Ed 37 _ �Wmmllpft-� O1z:V0 AKTIsla ari �Vjo t >VIP J „ y p6 Oq;17P Z a c�G sit, CN-' � G 15.E 0- :x- ,.P ti AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 5, 2006 BUSINESS SESSION: ITEM TITLE: Consideration of an Amendment to the CONSENT CALENDAR: Memorandum of Understanding on the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan STUDY SESSION: Regarding "Measures to Minimize and Mitigate Take PUBLIC HEARING: of the Coachella Valley Fringe -Toed Lizard" to Provide an Extension of the Current MOU until August 31, 2007 RECOMMENDATION: Approve the Amendment to the Memorandum of Understanding on the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan (MOU) (Attachment 1) and authorize the Mayor to execute the Amendment with any modifications approved by the City Council or with the direction to transmit an explanatory cover letter to the Coachella Valley Association of Governments (CVAG). FISCAL IMPLICATIONS: The extension the MOU will require the City's continued collection of $600 per acre for the development of land within the Fringe -Toed Lizard fee areas to fund the Fringe - Toed Lizard Preserve. The MOU further commits the City to consider a future fee increase ($2,000 to $3,000 per acre). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In spring of 2001, CVAG, its member cities, and the County of Riverside entered into a MOU with the California Department of Fish and Game and the United States Fish and Wildlife Service (FWS) which amended the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan and had an expiration date of September 1, 2002. Three subsequent Amendments extended the MOU and its assurance from the FWS that the permit for "take" of the Coachella Valley Fringe -Toed Lizard would not be suspended or revoked. This extension until August 31, 2007 will continue the assurance not to suspend or revoke the take permit, providing regulatory certainty to developers and local governments while the Coachella Valley Multi -Species Habitat Conservation Plan 467 ("MSHCP") is completed. CVAG anticipates that the MSHCP may be completed by August 2007. Originally, CVAG requested that all jurisdictions execute the Amendment by August 31, 2006 (Attachment 2). Since the MOU was not made available until after the Council's last meeting, staff informed CVAG that it would be on this agenda. The MOU has certain language that imposes a "best efforts" commitment on the City to start implementation of the MSHCP even though CVAG has rescinded its approval of the MSHCP and its certification of the related Environmental Impact Report (EIR). The language at issue states as follows: "Section III.B.2: During the term of this MOU, the Cities and the County shall submit all development projects proposed in the MSHCP Conservation Areas to the CVCC for the Interim Project Review process; and the Cities and the County shall use best efforts not to approve development in Conservation Areas that is determined through the Interim Project Review process to be inconsistent with the MSHCP Conservation Objectives. Any project that, as of June 30, 2006, has a consistency analysis and/or an approved Memorandum of Understanding for Like Exchange and/or Transfer of Take that demonstrates the project is consistent with the MSHCP Conservation Objectives is deemed to have already satisfied this condition." Staff and the City Attorney are concerned about the underlined language. This language is more limiting than (and is actually inconsistent with) the MSHCP itself. The MSHCP contained no requirement of disapproval based upon a determination by the Project Review Committee. To the contrary, CVAG representatives indicated that the ultimate determinations were to be made solely by the City Councils. The City worked very diligently on the MSHCP to ensure the Council maintained its land use authority and that the MSHCP would not preclude approval of development applications. In addition, given that the EIR was decertified, implementation of the MSHCP in advance of the recertification of the revised EIR would not comport with CEQA. Sending projects through an Interim Project Review process is acceptable provided applicants do not seriously object. Three options the Council may wish to consider are as follows: 1 . Direct staff to strike out the underlined language and authorize the Mayor to initial the strikeout and execute the MOU. 2. Approve a revised Section III.B.2. as follows and authorize the Mayor to sign the revised MOU: "During the term of this MOU, the Cities and the County shall submit all development projects proposed in the MSHCP Conservation Areas to the CVCC for the Interim Project Review process; and the Cities and the County shall consider the MSHCP in its review of use best e#fetsnet to appF 4 G 8 development in Conservation Areas and that the City Council will consider any Ks determined through the Interim Project Review pFesess reports with regard to be with the MSHCP Conservation Objectives. Any project that, as of August 31, 2006 has a consistency analysis and/or an approved Memorandum of Understanding for Like Exchange and/or Transfer of Take that demonstrates the project is consistent with the MSHCP Conservation Objectives is deemed to have already satisfied this condition and will be included in the revised MSHCP." 3. Approve the MOU and direct the City Attorney to draft a cover letter for the Mayor's signature which explains: (a) the City's objection to Section III.B.2., and (b) that the City will consider the MSHCP and any Interim Review Project reports prior to taking action on any projects located within a proposed MSHCP Conservation Area but, not use its best efforts to deny development projects. As a related issue, the Council may wish to consider rescinding its Resolution approving the MSHCP. Since the enabling action taken by CVAG--the certification of the Final EIR and approval of the MSHCP--has been rescinded, the Council may wish to take a similar action since approval of the MSHCP has no force and effect. Once the revised MSHCP is completed, the City Council would then consider adoption of a Resolution approving the revised MSHCP. This matter could be scheduled for a future Council meeting if the Council so desires. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Amendment to the Memorandum of Understanding and authorize the Mayor to execute the Amendment, striking out the language underlined in the quote above and direct the Mayor to initial the strikeout; or 2. Approve the Amendment to the Memorandum of Understanding and authorize the Mayor to execute the Amendment with Section III.B.2. revised as follows: "During the term of this MOU, the Cities and the County shall submit all development projects proposed in the MSHCP Conservation Areas to the CVCC for the Interim Project Review process; and the Cities and the County shall consider the MSHCP in its review of development in Conservation Areas and that the City Council will consider any Interim Project Review reports with regard to the MSHCP Conservation Objectives. Any project that, as of August 31, 2006 has a consistency analysis and/or an approved Memorandum of Understanding for Like Exchange and/or Transfer of Take that demonstrates the project is consistent with the MSHCP Conservation Objectives is deemed to have already satisfied this condition and will be included in the revised MSHCP."; or 469 3. Approve the MOU and authorize the Mayor to execute it and direct the City Attorney to draft a cover letter for the Mayor's signature which explains: (a) the City's objection to Section III.B.2., and (b) that the City will consider the MSHCP and any Interim Review Project reports prior to taking action on any projects located within a proposed MSHCP Conservation Area; or 4. Approve the MOU and authorize the Mayor to execute it; or 5. Do not approve the MOU; or 6. Provide staff with alternative direction. Respectfully submitted, Douglas . vans Community Development Director Approved for submission by: r Thomas P. Genovese, City Manager Attachment: 1 . Amendment to the MOU 2. CVAG Report dated July 31, 2006 470 ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING Between COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, COACHELLA VALLEY CONSERVATION COMMISSION, COUNTY OF RIVERSIDE, CITY OF CATHEDRAL CITY, CITY OF COACHELLA, CITY OF INDIAN WELLS, CITY OF INDIO, CITY OF LA QUINTA, CITY OF PALM DESERT, CITY' OF PALM SPRINGS, CITY OF RANCHO MIRAGE, COACHELLA VALLEY WATER DISTRICT, IMPERIAL IRRIGATION DISTRICT, CALIFORNIA DEPARTMENT OF FISH AND GAME, AND CENTER FOR NATURAL LANDS MANAGEMENT, Regarding MEMORIALIZING THE AGREEMENT BETWEEN THE PARTIES CONCERNING THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND THE FUTURE CONSERVATION OF THE COACHELLA VALLEY FRINGE -TOED LIZARD PURPOSE: The Cities of Cathedral City, Coachella, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage, all municipal corporations of the State of California ("Cities"); the County of Riverside, a political subdivision of the State of California ("County"); the Coachella Valley Association of Governments ("CVAG"); the Coachella Valley Conservation Commission ("CVCC"); Coachella Valley Water District ("CVWD"); Imperial Irrigation District ("IID"); the California Department of Fish and Game ("CDFG"), a subdivision of the California Resources Agency; and Center for Natural Lands Management ("CNLM") collectively referred to as "the Parties", enter into this Memorandum of Understanding ("MOU") for the purpose of establishing the obligations of each of the Parties towards the completion of the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCP") and the continued conservation of the Coachella Valley Fringe -toed Lizard ("CVFTL") in compliance with both the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended ("ESA"), and the California Endangered Species Act, Fish and Game Code §2050 et seq., as amended ("CESA") . II. RECITALS A. WHEREAS, the City of Desert Hot Springs ("DHS") has declined to approve the MSHCP, but all other permittees identified in the MSHCP have approved the MSHCP and related documents and wish to go forward with the MSHCP by eliminating DHS as a permitee; 4171 73106 Final B. WHEREAS, the Parties agree that a revised MSHCP and related documents eliminating DHS from the MSHCP is the appropriate course of action and support this effort over the next twelve to fifteen months; C. WHEREAS, the Cities, DHS, County, CVAG, CDFG, U.S. Fish and Wildlife Service (FWS), and The Nature Conservancy (TNC) cooperated in the preparation of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan (HCP), which was implemented through an agreement signed by the Cities, County, FWS, and TNC on April 21, 1986 ("HCP Agreement"); D. WHEREAS, FWS issued an ESA Section 10(a) incidental take permit ("Permit") to the Cities, DHS and County to authorize take of CVFTL resulting from land development and other activities covered by the HCP; E. WHEREAS, CDFG did not sign the HCP or authorize incidental take of CVFTL associated with the HCP because a permitting process had not been established under CESA at the time the HCP was developed, but CDFG nonetheless participated in implementation of the HCP; F. WHEREAS, the Parties entered a Memorandum of Understanding on March 21, 2001 whereby CDFG made a determination pursuant to Section 2080.1 of the Fish and Game Code finding that the FWS permit in combination with the mitigation provided in the Memorandum of Understanding is consistent with CESA; G. WHEREAS, the Parties to the Memorandum of Understanding agreed that the CVFTL can best be protected by inclusion of the species in the MSHCP, but desired that certain measures be implemented on an interim basis to protect the CVFTL until the MSHCP is in place; H. WHEREAS, that Memorandum of Understanding, as subsequently amended, expired June 30, 2006; I. WHEREAS, the Parties have complied with the terms and conditions of that Memorandum of Understanding; and WHEREAS, the Parties desire to maintain the Permit for the CVFTL while the MSHCP permitting process continues. III. THEREFORE, THE PARTIES AGREE TO THE FOLLOWING: A. MUTUAL OBLIGATIONS OF ALL THE PARTIES: 1. The Parties agree that during the term of this MOU, CNLM, in cooperation with the CVCC's Acquisition and Funding Coordinating 73106 Final 4 ? Committee, will diligently pursue acquisitions necessary to protect CVFTL habitat, and the sand source and sand transport areas required for the maintenance of CVFTL habitat within the Plan Area boundary. 2. The Cities, County, CVAG, CVCC, CVWD, IID FWS, and CDFG shall diligently work to take such actions as are necessary to obtain state and federal permits under the MSHCP to provide for conservation of the CVFTL and other species. B. OBLIGATIONS OF THE CITIES, COUNTY, CVAG, CVCC, CVWD, and IID 1. During the term of this MOU, the Cities and the County shall consider adoption of an open space mitigation fee based on a Nexus Study to be prepared by CVAG and/or revise the existing mitigation fee for the CVFTL based on a Nexus Study to be prepared by CVAG by September 30, 2006. The combination of the fees is anticipated to be between $2,000 and $3,000 per acre. 2. During the term of this MOU, the Cities and the County shall submit all development projects proposed in the MSHCP Conservation Areas to the CVCC for the Interim Project Review process; and the Cities and the County shall use best efforts not to approve development in Conservation Areas that is determined through the Interim Project Review process to be inconsistent with the MSHCP Conservation Objectives. Any project that, as of August 31, 2006, has a consistency analysis and/or an approved Memorandum of Understanding for Like Exchange and/or Transfer of Take that demonstrates the project is consistent with the MSHCP Conservation Objectives is deemed to have already satisfied this condition and will be included in the revised MSHCP. 3. CVAG shall continue to be the lead agency for the MSHCP and take all appropriate actions necessary to revise the MSHCP and related documents to eliminate DHS from the MSHCP. CVAG will use its best efforts to have completed this process within twelve months from the date of execution of this MOU. 4. The Cities, the County, CVWD, and III) acknowledge that their respective decision makers have already approved the MSHCP approved by CVAG on February 6, 2006. The Cities, the County, CVWD, and IID also acknowledge that in order for the MSHCP to be revised, and the Permits to be issued, in an expeditious manner, few changes if any can be made to the documents besides the elimination of DHS, changes reflecting the Memoranda of Understanding with 4`73 73106 Final Indio, Palm Springs and certain private parties approved by the CVCC and others prior to August 31, 2006, and the inclusion of the policies adopted by CVCC prior to June 30, 2006. Therefore, the Cities, the County, CVWD, and IID agree that additional substantive changes will not be requested for the documents besides those anticipated in this MOU or otherwise required by law. C. OBLIGATIONS OF FWS: FWS agrees it will not suspend or revoke the CVFTL Permit as to the Parties during the term of the MOU so long as they comply with the terms of the Permit and this MOU. D. OBLIGATIONS OF CDFG: 1. CDFG agrees that its consistency determination pursuant to Section 2080.1 of the Fish and Game Code regarding the FWS CVFTL Permit as to the Parties shall remain in effect during the term of this MOU so long as the Parties comply with the terms of the Permit and this MOU. E. OBLIGATIONS OF CNLM: 1. CNLM agrees to consult with CVCC's Acquisition and Funding Coordinating Committee regarding the setting of acquisition priorities and the expenditure of CVFTL mitigation fees. IV. TERM OF THE MOU This MOU shall take effect on the date last signed and shall expire on August 31, 2007 or upon Permit decision by FWS and CDFG of incidental take permits for the MSHCP, whichever occurs first. V. AMENDMENT This MOU may be amended with the written consent of each of the Parties to the MOU. VI. ELECTED OFFICIALS NOT TO BENEFIT No member of or delegate to Congress shall be entitled to any share or part of this MOU, or to any benefit that may arise from it. VII. DUPLICATE ORIGINALS This MOU may be executed in any number of duplicate originals. A complete original of this MOU shall be maintained in the official records of each of the Parties. 474 73106 Final VIII. THIRD PARTY BENEFICIARIES Without limiting the applicability of the rights granted to the public pursuant to the provisions of 16 U.S. C. section 1540(g) and under California law, this MOU shall not create any right or interest in the public, or any member thereof, as a third party beneficiary hereof, nor shall it authorize anyone not a party to this MOU to maintain a suit for personal injuries or property damages pursuant to the provisions of this MOU. The duties, obligations, and responsibilities of the Parties to this MOU with respect to third parties shall remain as imposed under existing Federal or California law. IX. RELATIONSHIP TO ESA, CESA, AND OTHER AUTHORITIES The terms of this MOU shall be governed by and considered in accordance with ESA, CESA, and other applicable laws. In particular, nothing in this MOU is intended to limit the authority of FWS to seek penalties or otherwise fulfill its responsibilities under ESA, or to limit the authority of CDFG to seek penalties or otherwise fulfill its responsibilities under CESA. Nothing in this MOU is intended to limit or diminish the legal obligations and responsibilities of FWS as an agency of the Federal government or of CDFG as an agency of the State of California. X. CONCURRENCE The Parties agree to the terms of this MOU and will each work diligently to ensure its successful implementation, as evidenced by signatures of their respective authorized representatives below. CALIFORNIA DEPARTMENT OF FISH AND GAME Date: Deputy Director Habitat Conservation Division California Department of Fish and Game Sacramento, California CALIFORNIA DEPARTMENT OF FISH AND GAME Date: Regional Manager Eastern Sierra and Inland Deserts Region California Department of Fish and Game Los Alamitos, California l- 4 ►7 5 73106 Final 08/14/2006 16:37 7603405949 CVAG ATTACHMENT 2 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS DATE: July 31, 2006 TO: EXECUTIVE COMMITTEE FROM: Jim Sullivan, Director of Environmental Resources RE: Memorandum of Understanding (MOU) Concerning the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan and the Future Conservation of the Coachella Valley Fringe -Toed Lizard STAFF RECOMMENDED MOTION: That the Executive Committee approve a MOU Concerning the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan and the Future Conservation of the Coachella Valley Fringe -Toed Lizard based on the draft MOU and comments from MSHCP participants. BACKGROUND: The County of Riverside (County) and all the cities of the Coachella Valley have voted to approve the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) with the exception of the City of Desert Hot Springs (DHS). On June 26, 2005, the CVAG Executive Committee and the Coachella Valley Conservation Commission (CVCC) directed staff to: 1) begin the process to revise the MSHCP, removing DHS as a Permittee, and 2) negotiate with DHS. during the month of July to resolve as many of the issues of concern DHS provided to CVAG. DHS informed CVAG on June 29, 2006, that it would not call a special meeting to set a date toward the end of the one month negotiation period for the purpose of considering a resolution of DHS issues of concern. In addition, DHS accepted the CVAG Executive Committee's other option of proceeding with a revised MSHCP, excluding DHS. The most immediate concern arising from the failure of all Permittees to approve the MSHCP in its current form is the existing permit for the Coachella Valley Fringe -toed Lizard habitat Conservation Plan (CVFTL HCP). The CVFTL HCP was originally permitted in 1986. The California Department of Fish and Game (DFG) was not a signatory to the 1986 agreement as an analogous permit to the federal HCP did not exist in state law at that time. In late 1997, the Service advised County staff that the FTL HCP did not correctly identify the main sand transport corridor identifying blowsand to the system of reserves established by the CVFTL HCP. During subsequent discussions, DFG determined that the current CVFTL HCP does not authorize take of the lizard under the California Endangered Species Act (CESA). In 2001, DFG and the original signatories to the CVFTL HCP entered into a Memorandum of Understanding (MOU) which included several measures to protect the sand source areas essential to the lizard. Under this MOU, DFG made a determination that with the aforementioned measures, the CVFTL HCP was consistent with the California Endangered Species Act. The original MOU was intended only as a stop gap treasure while the MSHCP was completed. The MOU was extended three times, In a letter to CVAG dated January 24, 2006, DFG stated that it would not extend the MOU beyond June 30, 2006. Loss of the Consistency Determination would have several ramifications: 4" 6 08/14/2006 16:37 7603405949 CVAG PAGE 03 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS 1) California Endangered Species Act- Projects that may "take" the lizard will be required to obtain individual permits from DFG 2) Litigation on the federal permit - The federal lizard permit is vulnerable to litigation as the federal permit only permits "take" that is "incidental to an otherwise lawful activity". The Center for Biological Diversity in a letter to FWS dated May 30, 2006, threatened litigation on the CVFTL HCP. 3) California Environmental Quality Act (CEQA) - Projects in potential lizard habitat may now be required to do full environmental impact reports because of the CEQA "mandatory findings of significance" provision. for endangered species. As the CVFTL HCP fee mitigation area is quite large, the CEQA ramifications are potentially significant CVAG has been working with DFG staff to avoid loss of the Consistency Determination. In a letter to DFG, dated June 30, 2006 CVAG executive director John Wohlmuth requested an extension of the Consistency Determination to August 31, 2006, during which time the eight cities, the County, Coachella Valley Water District and Imperial Irrigation District would consider an MOU committing to a revised MSHCP without DHS. The CVAG Executive Committee would consider the MOU at its meeting of July 31, 2006. The individual jurisdictions would need to consider the MOU by August 31, 2006. Through the MOU, all parties commit to revising the MSHCP without DHS and agree to the following conditions: A. The signatories to the MOU agree to consider a revised CVFTL HCP fee or an open space fee based on a nexus study to be completed by CVAG. The nexus study would be completed by September 30, 2006 and the jurisdictions would consider the fee by October 31, 2006. B. During the term of this MOU, the Cities and the County shall submit all development projects proposed in the Conservation Areas to the Coachella Valley Conservation Commission for the Interim Project Review process; and the Cities and the County shall use best efforts not to approve development in Conservation Areas that is determined through the Interim Project Review process to be inconsistent with the Plan Conservation Objectives. Any project that, as of August 31, 2006, has a consistency analysis and/or an approved Memoranda of Understanding for Like Exchange and/or Transfer of Take that demonstrates the project is consistent with the MSHCP Conservation Objectives is deemed to have already satisfied this condition. If the above measures are completed DFG will extend the Consistency Determination until August 31, 2007. During this time the Permittees must show good faith to approve a modified MSHCP. CVAG believes that to meet the DFG time certain requirement, few changes, if any, other than those already voted on by the Permittees, or otherwise required by law, can be made to the documents besides removing DHS as a Permittee. The attached draft MOU would also modify and extend the original 1996 MOU that established the formal planning process for the MSHCP. FISCAL ANALYSIS: No direct fiscal Impact from the MOU itself, however a revised MSHCP is estimated to cost approximately $1,252,000 to be paid from tipping fees and a $500,000 loan from the County of Riverside. The tipping fees and the loan will be re -paid from future MSHCP developer impact fees. 4;7 COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Consideration of a City Council Subcommittee and Update on the Sphere of Influence RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: There is no fiscal impact at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Vista Santa Rosa Task Force Update AGENDA CATEGORY: BUSINESS SESSION: �■ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Vista Santa Rosa (VSR) Task Force (Task Force) was formed earlier this year for the purpose of developing a land use plan for VSR. The Task Force has been meeting on a semi -regular basis. For the past several weeks, Task Force members have provided their "visions" for Vista Santa Rosa. Riverside County Planning staff recently introduced a Community Plan concept (Attachment 1) based upon the "visions" as well as their own observations. Key highlights of the concept are: ■ A mixed use village/town center is proposed in the proximity of Airport Boulevard, Van Buren Street, and Jackson Street that would include retail commercial along with Medium and High Density residential. Specific details would be addressed via a specific plan to be created at a later date. 478 ■ Lifestyle corridors are proposed with one main north -south and two east -west routes. The corridors would function as a linear park with an emphasis upon non -motorized (foot, bicycle, equestrian) and golf cart traffic connecting to the town center, other key amenities, as well as with existing and proposed local and regional trails. The corridor width would vary but would be a minimum of 100 feet. Future development abutting the corridor would be encouraged to provide connections and additional open space adjacent to the corridor. ■ A mixture of residential densities is proposed with all encouraging a minimum of 30% open space use. The ' open space would be for passive and active recreation use, retention areas, perimeter setbacks, etc., but would not include residential yards in the calculation. ■ A limited amount of commercial and High Density Residential is proposed along Harrison Street between Airport Boulevard and Avenue 61 as well as along Airport Boulevard between Van Buren Street and Harrison Street. County staff has requested that Task Force members review the concept plan and provide comments as soon as possible. A final recommendation should be completed in the next 2-3 months, which will be followed by an opportunity for public input, Riverside County Planning Commission consideration, and Riverside County Board of Supervisors approval. It is anticipated that the exercise should conclude by the end of 2006. Strategic Plan Request for Proposals A Request for Proposals was distributed by staff in mid -August soliciting consultant teams to assist with the development of a Strategic Plan for the VSR Sphere of Influence. The submittal deadline was August 30 and a selection is expected by mid - September. Project Review Comments - Riverside County Community Development has received three tentative tract map applications for projects in the Sphere of Influence that were either adjacent, or in close proximity, to the current City limits. Staff has commenced processing the maps and as a part of that process has solicited agency comments. Riverside County Planning staff has provided written comments for two maps (TTM 33559, TTM 33697) and the following is a summary of the key comments: ■ Compatibility with the existing and adjoining Riverside County General Plan land use designations and textual policies, as adopted by the Riverside County Integrated Project (RCIP). A'7, ■ The area is designated as Agricultural. The density and project design are encouraged to respect the rural environment and existing agriculture. Generous buffers and ample setbacks from the streets are encouraged. ■ Densities in this vicinity should remain at approximately one dwelling to the acre. ■ The projects should be consistent with the VSR Design Guidelines; including wider parkway landscaping in -lieu of landscape medians, utilizing irrigation standpipes as design icons with use of VSR logo, use of key design standards of perimeter multi -purpose recreation trail accessible to project residents and general public. ■ Request to defer any final action on the two projects until the VSR Task Force has completed its process and the recommendations are before the County decision making bodies. ■ Request for information on annexation plans the City may be developing. Consideration should be given to obtaining annexation consent from existing residents and landowners. Annexation impacts to County services must be addressed. Vista Santa Rosa Community Council The Vista Santa Rosa Community Council did not meet in August. The next scheduled meeting will be held September 26 at 6:30 p.m. at Westside School. City Council Sub -Committee The City Council at its August 1, 2006 meeting directed staff to bring back to the Council for consideration the creation of a City Council Sub -committee to work on the SOI Work Program. Staff was also requested to review Council representation at the Task Force meetings. Riverside County Supervisor Wilson has suggested the City consider increasing its presence at the Task Force meetings by appointing one to two Council members plus the Community Development Director to represent the City at the Task Force meetings. There are a number of Work Program tasks with which a Council Sub -committee could assist the City Council and staff, including evaluation of the City's General Plan, development standards, plan for services, infrastructure needs, fiscal mitigation, and annexation boundaries. As noted earlier in this report, the Task Force was created by Supervisor Wilson to assist the County Planning staff in developing recommendations to update the RCIP. Its members include residents, agricultural interests and developers. County Planning staff facilitates the meetings and City Planning staff has ti 490 attended to monitor progress, provide technical assistance, and work with County Planning staff in developing material for the Task Force. The Task Force members have worked very diligently to express individual visions for the VSR SOI and, as noted above, are now working towards developing a consensus land use plan. The Task Force meetings are well attended and everyone participates in discussion. As currently formed, Supervisor Wilson does not attend Task Force meetings. Denys Arcuri, Communications Director, normally attends on behalf of Supervisor Wilson. In essence, no elected or appointed bodies are directly involved in the Task Force meetings. The Council may want to discuss and consider the formation of a Sub -committee and the scope of the Sub -committee's role. If the City Council appoints a standing Sub- committee (i.e., one with on -going jurisdiction over the matter), all of the Sub- committee meetings will require preparation of agendas, meeting minutes, and will be handled as public meetings. If the standing Sub -committee members attend Task Force meetings the City will need to create an agenda for the Task Force meetings, prepare minutes, and handle the meeting as a regular public meeting. If one Sub- committee member attends the Task Force meeting, it would not trigger the preparation of an agenda, minutes, or public meeting requirements. If the Council appoints a specific task oriented Council Sub -committee, with a specific assignment and sunset date, it would not trigger the requirement for agendas, minutes and public meeting requirements. Staff has drafted a range of options for Council discussion as follows: 1. Appoint a two member Council Sub -committee to work directly with the City Manager on the City Work Program and assist in review of Task Force programs and recommendations. The Council Sub -committee shall complete its efforts by December 31, 2006. In this option, City staff would participate in the Task Force. 2. Appoint a Sub -committee as noted in Option 1 and assign one Council Member to attend the Task Force meetings when County Planning staff presents summary recommendations. 3. Do not appoint a Council Sub -committee and direct the City Manager to provide monthly written updates for full Council review and consideration. 4. Other options as the Council may desire. The Council should evaluate its participation in the Task Force relative to the Task Force current members, the Council's role, and the Task Force purpose. Additionally, if Council Members attend the Task Force on a routine basis, the group dynamics of the meetings may change and the Council Members may be asked to take a primary role in shaping the RCIP. This may, or may not, be consistent with the City's planning program which will include a Strategic Plan, possible General Plan Amendments, and input from current La Quinta citizens and the City Planning Commission. The Council may want to also consider encouraging each Council Member to attend a Task Force meeting as an observer. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a two member Council Sub -committee to work directly with the City Manager on the City Work Program and assist in review of Task Force programs and recommendations. The Council Sub -committee shall complete its efforts by December 31, 2006. In this option City staff would participate in the Task Force; or 2. Appoint a Sub -committee as noted in Option 1 and assign Council Member to attend the Task Force meetings when County Planning staff presents summary recommendations; or 3. Do not appoint a Council Sub -committee and direct the City Manager to provide monthly written updates for full Council review and consideration; or 4. Other options as the Council may desire; or 5. Provide staff with alternative direction. Respectfully submitted, Douglas . Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vista Santa Rosa Community Plan "Concept," Riverside County Planning 4S2 ATTACHMENT 1 • { }t 111 1 -,; '_- 4�` 1..:=-�a}=.. li4.= . F3 ` ' , .iCs _ 19 _.-.: ti �_-s. nm:�- ^� ,..r. --- - s `i lu3.vtif �t .5 ,._ ., ... 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Highways o I.ow z.OW +.ow SAW T� �' � � Msta Santa Rosa Policy Area F" • `� tt1eS • s.Ns.aoos !fc M%Ve,d ust w eo��►Q•rc-*I ,� ATTet-NUFNT 1 T-vf 4 4a" COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Consideration of Resolution Amending Rules of Procedure for Council Meetings and Related Functions and Activities RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: U CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt an amended and restated resolution of the City Council amending rules of procedure for council meetings and related functions and activities. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 1, 2006, the City Council discussed suggestions to increase the efficiency of City Council meetings. The staff report is included as Attachment 1. Several items required formal Council action, including: changing the commencement time of City Council meetings, and limiting the number of art wall award recipients at each meeting or changing the process for presentation of the art wall awards. During the previous Council discussion, no changes were proposed to the art wall presentation procedures. Therefore, those procedures will remain in place. Previously, the City Council subcommittee proposed changing the commencement time of Council meetings from 2:00 p.m. to 4:00 p.m.; however, the subcommittee has met again and proposed the commencement time be 3:30 p.m. for closed session and 4:30 p.m. for open session. This gives Council flexibility to begin closed session at 3:30 p.m., or a later time, depending on the number of closed session items on the y a� agenda. As is currently the practice, if there are no closed session items, the City Clerk would make an announcement that the Council meeting will begin at 4:30 p.m. Open session is proposed to last two hours, with dinner taking place from 6:30 p.m. to 7:00 p.m.; public hearings would still begin at 7:00 p.m. As discussed previously, the subcommittee recommends that no new open session items be considered after 10:00 p.m., unless there is Council consensus to continue beyond that hour. (This is recommended as a policy only, and is not included in the resolution.) As noted in the August 1, 2006 report, open session items not discussed would be considered at a future meeting, perhaps as soon as the next business day. Additionally, if closed session items remain, Council would recess back into closed session. If there is a large agenda, study session (or closed session) items could be heard prior to 3:30 p.m. by noticing the meeting as a Special City Council (or Redevelopment Agency) meeting. Staff is seeking Council direction. Section 1.1 of the attached draft resolution has been amended to reflect a 3:30 p.m. commencement time; however, the resolution will be changed to reflect the commencement time desired by Council. Staff has additionally updated Resolution 98-109 (see Attachment 2), including the following sections: Section 1.4 related to locations of agenda postings. Section 7.3 related to reconsideration of an action, which had been previously amended via Resolution 2003-025 (Attachment 3). This revised resolution simply incorporates those changes. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt an amended and restated resolution of the City Council amending rules of procedure for council meetings and related functions and activities; or 2. Do not adopt an amended and restated resolution of the City Council amending rules of procedure for council meetings and related functions and activities; or 3. Provide staff with alternative direction. 4S6 Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1. Staff report dated August 1, 2006 2. Redline of Resolution 98-109 3. Resolution 2003-025 4S7 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. WHEREAS, Section 2.04.040 of the La Quinta Charter and Municipal Code requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions and activities, and regulations pertaining thereto; WHEREAS, this resolution supersedes City Council Resolutions No.93-95, No. 95-30, No. 96-26, No. 97-79, No. 98-68A, 98-109, and 2003-025. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta that Rules of Procedure for City Council meetings and related functions and activities are hereby adopted, to read, as follows: PURPOSE: The purpose and intent of the City Council in adopting the within rules shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. 1. MEETINGS 1.1 REGULAR MEETINGS: The City Council of the City of La Quinta shall hold regular meetings in the place specified in the Municipal Code, on the first and third Tuesdays of each month at 3:30 p.m. with public hearings being scheduled for 7:00 p.m. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on that day; rather, such meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday. 1.2 ADJOURNED MEETINGS: Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. 1.3 SPECIAL MEETINGS: Special Meetings may be called by the Mayor or majority of Council Members on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances R Resolution No. 2006- 9-5-06 Page 2 (other than urgency ordinances) may be adopted. Notice of special meetings shall be posted in accordance with Section 1.4. 1.4 NOTICE OF MEETINGS. POSTING OF AGENDAS: The City Clerk, or designee, shall post a meeting agenda in the following locations at least 72 hours before each regular meeting of the City Council, to wit: (1) the bulletin board in front of the Civic Center; and (2) the public bulletin board located outside the Village Post Office at 51321 Avenida Bermudas. The City Council finds and determines that all locations are freely accessible to the public and the Council further finds and determines that the City is legally required to post an agenda only at the Civic Center location and this direction to post in all locations is directory only and not mandatory. Other locations may be added as deemed appropriate. Following posting of said agenda, the City Clerk or designee, shall sign a declaration of the date and place of the posting of the said agenda and shall retain said declaration of posting as a public record as part of the Council meeting record to which the posting relates. The provisions of this section as to place of posting and declaration of posting shall also apply to the special meeting posting requirements of Government Code 54956. To the extent not required by State law, the provisions hereof are directory only. 1.5 QUORUM: Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only 3 attend. The following matters, however, require three affirmative votes: (a) adoption of ordinances, (b) resolutions granting franchises, and (c) orders for payment of money. If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. 1.6 MEETINGS TO BE PUBLIC: Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded, which closed sessions shall only be held in accordance with the provisions of the Brown Act (Government Code 54950 etc.). Resolution No. 2006- 9-5-06 Page 3 1.7 CLOSED SESSION MINUTES: Pursuant to Section 54957.2 of the California Government Code, the City Clerk of the City of La Quinta may be required to attend closed session of the City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minutes shall be maintained pursuant to the Government Code. 2. ORDER OF BUSINESS 2.1 AGENDA: The Order of Business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL *PUBLIC COMMENT CLOSED SESSION *PUBLIC COMMENT CONFIRMATION OF AGENDA APPROVAL OF MINUTES ANNOUNCEMENTS PRESENTATIONS *WRITTEN COMMUNICATION CONSENT CALENDAR BUSINESS SESSION *STUDY SESSION *REPORTS AND INFORMATIONAL ITEMS *DEPARTMENTAL REPORTS *MAYOR AND COUNCIL MEMBERS ITEMS *PUBLIC COMMENT PRESENTATIONS PUBLIC HEARINGS ADJOURNMENT Except with majority consent of the Council, items may not be taken out of order. * These portions of the agenda shall be used for discussion and direction to staff to bring back an item with or without additional information or clarification for final consideration as a business, consent calendar or public hearing item on a future agenda. Alternatively, direction could be given to bring back an item for further discussion on a future agenda in any of these highlighted portions of the agenda. 490 Resolution No. 2006- 9-5-06 Page 4 2.2 DELIVERY OF AGENDA: Barring insurmountable difficulties, the Agenda shall ordinarily be delivered to Council Members each Friday preceding the Tuesday meeting to which it pertains. The Agenda shall also be available to the general public at the time it is delivered to the City Council. 2.3 ROLL CALL: Before proceeding with the business of the Council, the City Clerk shall call the roll of the Council Members and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Mayor called last. 2.4 APPROVAL OF MINUTES: Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the clerk has previously furnished each Council Member with a copy thereof. 2.5 PUBLIC HEARINGS: Generally, public hearings shall be conducted in the following order: Hearing opened by Presiding Officer Staff presentation Questions of Staff by Council Public testimony opened by Presiding Officer Public testimony Hearing closed Questions by Council Discussion by Council Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. 491 Resolution No. 2006- 9-5-06 Page 5 2.6 PUBLIC COMMENT: Pursuant to Government Code 54954.3, each agenda for a regular meeting shall provide an item entitled "Public Comment". The purpose of such item shall be to provide an opportunity for members of the public to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council. In order to assure that the intent of Government Code 54954.3 is carried out, three (3) minutes is the amount of time allocated for each individual speaker. Government Code 54954.2 provides that no action shall be taken on any item not appearing on the agenda unless the action is authorized by Government Code 54954.2 (b). On items of public comment or discussion, any matter raised by the public which does not specifically appear on the agenda shall, upon direction of any Council Member, be automatically referred to the staff or placed on the next meeting's agenda. It is hereby determined that such requests or direction by a Council Member shall not be considered action taken by the Council on said item raised by the public. Further, Council discussion of the matter shall not be considered action taken. 2.7 CONSENT AGENDA: Items of routine nature, and non -controversial, shall be placed on the consent agenda. All items may be approved by one blanket motion upon unanimous consent. Prior to, or following review of the consent agenda by the City Manager, any Council Member may request that any item be withdrawn from the consent agenda for separate consideration. However, any Council Member may abstain from voting on any consent agenda, and the City Clerk shall be instructed to record such abstentions in the minutes. 3. PRESIDING OFFICER 3.1 PRESIDING OFFICER: The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and the Mayor Pro Tempore, the senior Council Member shall preside. If there are two Council Members with equal seniority, then the one who received the highest number of votes in the election shall be the Presiding Officer. In accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each general municipal election and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes, shall be deemed a selection of the incumbent(s) to remain in office. Each person so selected shall serve until a successor 49 Resolution No. 2006- 9-5-06 Page 6 is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of Mayor Pro Tempore shall automatically be reconsidered by the Council. 3.2 CALL TO ORDER: The meeting of the Council shall be called to order by the Mayor, or in his/her absence, by the Mayor Pro Tempore. In the absence of both the Mayor and the Mayor Pro Tempore, the meeting shall be called to order by the senior Council Member as determined in Section 3.1, who shall serve as Presiding Officer. 3.3 PARTICIPATION OF PRESIDING OFFICER: The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he shall not be deprived of any of the rights and privileges of a Council Member by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the Council, he should consider turning the Chair over to another member. 3.4 QUESTION TO BE STATED: The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.5 SIGNING OF DOCUMENTS: The Mayor, or Mayor Pro Tempore, or Acting Presiding Officer, in the absence of the Mayor, shall sign ordinances adopted by the City Council. The City Clerk, or Deputy City Clerk, shall attest to the signature of the Mayor, Mayor Pro Tempore, or the Acting Presiding Officer. 3.6 MAINTENANCE OF ORDER: The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. 4 J3 Resolution No. 2006- 9-5-06 Page 7 4. RULES. DECORUM AND ORDER 4.1 POINTS OF ORDER: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COUNCIL MEMBERS: (a) Any Council Member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Council Member; or unless the speaker chooses to yield to questions from another Council Member. (c) Any Council Member called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with rules of the Council. (d) Council Members shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (e) Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to so act. (f) Except where specifically authorized by City Council action or for purely ceremonial purposes, no Council Member attending a City commission or committee meeting shall make any statement or give the appearance or indicate in any way that he or she is representing the City. When making a comment at such a meeting, the Council Member should make it clear that he or she is speaking solely as an individual. Unless officially appointed to participate on a committee, Council Members should make an effort not to insert themselves into or take positions on matters which will or are likely to be the subject of public hearings or will be decided upon by the City Council after considering the entire issue. Resolution No. 2006- 9-5-06 Page 8 4.3 DECORUM AND ORDER - EMPLOYEES: Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council Member or member of the public. 4.4 DECORUM AND ORDER - PUBLIC: Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant -of -arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant -of -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 4.5 ENFORCEMENT OF DECORUM: The head of the City's police agency or designee shall be ex-officio sergeant -of - arms of the Council. He shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant -of -arms or his representative to eject any person from the Council Chambers or place him under arrest or both. As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. v -: 495 Resolution No. 2006- 9-5-06 Page 9 4.6 PERSONAL PRIVILEGE: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 4.7 CONFLICT OF INTEREST: All Council Members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Council Member prevented from voting because of a conflict of interest shall refrain from debate and voting and will be considered absent. Such Council Member may choose to leave the Council Chamber during debate and voting on the issue. 4.8 LIMITATION OF DEBATE: No Council Member normally should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he has the floor, without approval of a majority vote of the Council. 4.9 DISSENTS AND PROTESTS: Any member shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons 4.10 PROCEDURES IN ABSENCE OF RULES: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. 4.11 RULINGS OF CHAIR FINAL UNLESS OVERRULED: In presiding over Council meetings, the Mayor, Mayor Pro Tempore or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Council Members present and voting. .. 496 Resolution No. 2006- 9-5-06 Page 10 5. ADDRESSING THE COUNCIL 5.1 MANNER OF ADDRESSING THE COUNCIL: Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. All remarks and questions shall be addressed to the Chair and not to any individual Council Member, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. 5.2 TIME LIMITATION: For time limitation applicable to public hearings and public comment, see Sections 2.5 and 2.6. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE: After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS: The making of oral communications to the Council by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations: At any time, before or after the oral communication is commenced, the Presiding Officer may if he deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Council Members. 5.5 PERSONS AUTHORIZED TO BE WITHIN PLATFORM: No person except City Officials shall be permitted behind the City Council dais without permission or consent of the Presiding Officer. 497 Resolution No. 2006- 9-5-06 Page 11 6. MOTIONS 6.1 PROCESSING OF MOTIONS: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER: The Presiding Officer may at any time, by majority consent of the Council, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order. 6.3 DIVISION OF QUESTION: If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. 6.4 PROCEDURE OF MOTIONS: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: (a) Adjourn (b) Fix hour of adjournment (c) Table (d) Limit or terminate discussion (e) Amend (f) Postpone 6.5 MOTION TO ADJOURN: (not debatable) A motion to adjourn shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion. (b) When made as an interruption of a member while speaking. (c) When discussion has been ended, and vote on motion is pending, and (d) While a vote is being taken. EE ;i Resolution No. 2006- 9-5-06 Page 12 6.6 MOTION TO FIX HOUR OF ADJOURNMENT: Such a motion shall be to set a definite time at which to adjourn and shall be debatable and shall be amendable by unanimous vote. 6.7 MOTION TO TABLE: A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND: A motion to amend shall be discussed only as to the amendment. A motion to amend an amendment is possible but no additional motions to further amendments may be made. Any amendment shall relate to the original motion and not introduce a different matter. Amendments shall be voted first, then the main motion as amended. Alternatively, the original maker of the main motion may agree to revise the original motion and if the second agrees to second the revised motion, the Council may vote on the main motion as revised. 7. VOTING. PROCEDURE 7.1 VOTING PROCEDURE: In acting upon every motion, the vote shall be taken by electronic voting. In the event the electronic voting machine is not functioning, the vote shall be taken by roll call. The vote on each motion shall then be entered in full upon the record. The order of voting shall be alphabetical with the Mayor voting last. The Clerk shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye', 'no' or'abstain'. Every ordinance and any resolutions or orders for franchises or payments of money require three affirmative votes. Any member may change his vote before the next order of business. 499 Resolution No. 2006- 9-5-06 Page 13 7.2 FAILURE TO VOTE: A Council Member who abstains due to reasons of conflict shall, for purpose of the item under consideration, be considered as if absent. A Council Member abstaining for reasons other than conflict shall, be counted as present for purposes of a quorum and such abstentions are counted with the majority. A Council Member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. 7.3 RECONSIDERATION: Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request in writing to the City Manager or City Clerk that it be agendized for consideration at the following meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the next business day. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Council Member who voted against the earlier motion may move for reconsideration within the same seven (7) calendar day period. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Council. 7.4 TIE VOTES: Tie Votes shall be lost motions unless an additional Motion is made which obtains a majority vote to break the tie. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. Notwithstanding the above, if a tie vote results at a time when one or more Council Member(s) are abstaining for reasons other than conflict of interest then, in that instance, the abstention vote shall be counted in favor of the motion thereby breaking the tie vote. 1D0 Resolution No. 2006- 9-5-06 Page 14 8. RESOLUTIONS 8.1 DEFINITIONS: As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolutions". The term "resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, three terms are in general use to denote such (non -ordinance) actions: "resolution", "minute order", and "motion"(thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they just vary in the formality of respective memorial ization. The most formal is referred to locally as a "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "minute order" as used locally denotes a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. 8.2 RESOLUTIONS PREPARED. IN ADVANCE: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE: Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting. Resolution No. 2006- 9-5-06 Page 15 8.4 URGENCY RESOLUTIONS: In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable. 9. ORDINANCES 9.1 INTRODUCTION AND ADOPTION OF ORDINANCES: Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. 9.2 EFFECTIVE DATE: All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance. 9.3 PUBLISHING: It shall be the duty of the City Clerk to post or publish all ordinances in accordance with section 36933 of the Government Code within 15 days after adoption. 10. POLITICAL ACTIVITIES (A) Council Members shall not use, or attempt to use, their position, office or authority to influence, aid or obstruct any City employee from securing any position, nomination, confirmation or promotion, or change in compensation or position in the City upon consideration or condition that the vote or political 502 Resolution No. 2006- 9-5-06 Page 16 influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee's action. (B) A Council Member or candidate shall not, directly or indirectly, solicit political funds or contributions, knowingly, from other officers or employees of the local agency or from persons on an employment list of the City, with the knowledge that the person from whom the contribution is solicited is an officer or employee of the City. This section shall not prohibit the Council Member from requesting political contributions from officers or employees of the City if the solicitation is part of a solicitation made to a significant segment of the public which may include officers of employees of the City. (C) No Council Member or candidate shall engage in political activity during working hours in City officers or work areas where such activity would disrupt the workplace. For purposes of this section, City offices or work areas includes the areas behind the public counters, but excludes the Council Chambers and Council Member offices. 11. RULES DIRECTORY To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional. PASSED, APPROVED and ADOPTED this 5th day of September 2006 by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 503 ATTACHMENT 1 Department Report: 1 n o o Q9WA4J OF T4� TO: FROM: DATE: The Honorable Mayor and Members of the City Council Thomas P. Genovese, City Manager d August 1, 2006 SUBJECT: Department Report Regarding Length and Efficiency of Council Meetings At the June 20, 2006 City Council meeting, the City. Council appointed a subcommittee including Mayor Don Adolph and Council Member Tom Kirk to review and evaluate the length and efficiency of Council meetings and to make recommendation to the Council regarding their findings. The Mayor and Council Member Kirk have met and discussed with the City Manager the above -referenced subject matter. At the request of the subcommittee, staff researched other local cities' meeting length and average number of agenda items per meeting. This information is provided as Attachment 1. Additionally, staff researched the length of La Quinta City Council meetings during the last couple of years. This information is provided as Attachment 2. In general, the data from the La Quinta research would indicate the actual meeting time for La Quinta meetings is between 6 to 6.5 hours. (Data indicates 7.48 hours including the dinner break.) The data from the survey of other Valley cities indicate meeting times in the range of 3 to 4 hours. As a result of the meetings of the subcommittee and City staff (and in conjunction with the City Attorney's office), the subcommittee has compiled several suggestions for increasing the efficiency of Council meetings. Listed below are the items recommended to the City Council: • Greater adherence to the existing rules of procedure contained in Resolution No. 98-109 (Attachment 3). More specifically, Section 4.8 regarding time limitation and order of debate, Sections 6.4, 6.8, and 8.2: Section 4.8 LIMITATION OF DEBATE No Council Member normally should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he has the floor, without approval of a majority vote of the Council. Section 6.4 PROCEDURE OF MOTIONS When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: a) Adjourn b) Fix hour of adjournment c) Table d) Limit or terminate discussion e) Amend f) Postpone Section 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. Section 8.2 RESOLUTIONS PREPARED IN ADVANCE Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. There is no need to read the full titles of agenda items before taking them up. Instead, the Mayor or Redevelopment Agency Chair can reference the items by number only. There are rare exceptions to this, such as "threat of litigation against the City" which could be handled by the City Attorney. Additionally, motions may be simplified by stating, "I move the staff recommendation." 505 In the case of a resolution, the motion can be stated as, "I move Resolution Number _ as presented by staff" or "I move the resolution attached to the Staff Report" or "I move the resolution approving the Specific Plan." • Place the second reading of Ordinances on the Consent Calendar. • Utilizing the dinner break (or a portion thereof) for Closed Session when needed. • Scheduling of four (4) meetings in June on a regular basis (two regular meetings, one for commission interviews, and one for budget discussions). • The subcommittee also recommends that Council Members discuss questions of a technical nature with City staff prior to Council meetings. In addition to the above items, which may be implemented by staff, the subcommittee also wishes to recommend the following changes that would require formal City Council action: 1. Changing the commencement time of the Council meeting from 2:00 p.m. to 4:00 p.m., with 4:00 p.m. to 6:00 p.m. (or earlier, as required) for open session agenda items; 6:00 p.m. (or earlier if time permits) to 7:00 p.m. for closed session items and dinner; 7:00 p.m. to 10:00 p.m. (or earlier, as required) for public hearings and finishing up open session agenda items. No new open session items will be considered after 10:00 p.m.; if closed session items remain, then Council would recess back into closed session. Open session agenda items not discussed would be considered at future meeting, perhaps as soon as the next business day. 2. Limiting the number of recipients at each meeting time or changing the process for presentation of the Art Wall awards. Staff and the City Attorney will be available to assist in the discussions regarding these matters and questions regarding Resolution No. 98-109. Attachments: 1 . Survey of Valley Cities 2. Table - City of La Quinta Council Meeting Length 3. Resolution No. 98-109 5u6 Survey of Valley Cities Council Meeting Length & Number of Agenda Items July 19, 2006 City of Average Average Comments Meeting Number Length Of Items* Cathedral City 2 to 3 hours 13 (high 23; low 6) Coachella 4 to 5 hours 29 Includes approx. 10-15 Consent Items; 8-10 New Business Items; 3-4 Public Hearings; Closed Session Items are sometimes considered during dinner break Desert Hot 3 hours 15 Springs Indian Wells 3 hours 30 Indio 2 to 2.5 10 to 18 If meetings aren't concluded by 10 p.m., hours Council reconvenes the following day to finish, but rarely happens Palm Desert 2.5 hours 35 Palm Springs 2.5 to 3 15 to 20 Council Meetings are held weekly: hours 1' and 3' Wednesdays for regular business 2"d and 4'h Wednesdays for study sessions Rancho 4 hours Varies Mirage *All City Clerks noted the number of items varies widely; figure listed does not include closed session items, except Indio. 507 D m m 3 `-4 OD�O�O>�OD� m oo:N!4 i i AN W i W 1 �l N N _, ` �.1 jN''"�tDC�D WN��O�c7i�WtTi _ A` V OIA� W i� N-+-+i i�i�OO "' -40) CD CD m oCD 0) o0 0)��O�iON�QiON(n(rcn(ncnch(ncn�c7+a+oo� 0 0G �v� apo�00000aooZnC"cn o ���Cni („�w ���oto o �� W 00 A v 0' 0 CD n O a W to .Ca N0)�IODC"OoN4CnW 0-40IVCJWOODW (n0) CA WmWCA V � W C to 7 CD CT1 V NOC)DC" WNU"CA Co. (a_ N Ni V W ANOV W �IOCTCnCACTCDON CD, COW0)CO CA C Q N fa N -► OONO ONW 00-0-0 W 000-+NOW N--+000N—ON y D m d b m cu -, N 1�11W "10 4 (. W,ANL 01--LN-►W"Jo-�-�NW4-NNW co VA00—CnN.P� c �= 0 a 3 CD W W i v p) („ W Co?OOOO i i i i i CO. CJICO i �1 i a-4 i s i i CA) ..a --% i CA) J ODN(CCO i i VODW i �► N -.► m - 7 AO -1O-4ODcfl V V -4-1Cr0)OD0DCA0)M0)01-1OD0)Cat00 Co M000A CD CA Co CD COODG 3 V A OD co CA CD Ln CA�OCO�ICOC1tco0�CnC)000DCAcoCAWNAco0)Cr Cr—N -►J�.�Ni W W -CNN ��aaCT�iN((��CJ� PODN N V W COCJtiCo00000 (O O CA i d coW N A co AW V 0) Tp� PCACr�CAA1�A W CT q W CA(�,� W N-Ci-�0M;90DNNN-+--►OW-�O WCTCTW W W W W b.CA.AWCJf W 4-N WOJwtn wwmCr'�a OCAS V co z C)CO-40CAco0A00000DG) 0) WN.A.000)MA,COK) V COCA-►co0co ��8 �, .. �09 ATTACHMENT 2 RESOLUTION NO. 99 109 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. WHEREAS, Section 2.04.040 of the La Quinta Charter and Municipal Code requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions and activities, and regulations pertaining thereto; WHEREAS, this resolution supersedes City Council Resolutions No.93-95, No. 95-30, No. 96-26, No. 97-79, and No. 98-68A, 98-109, and 2003-025. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta that Rules of Procedure for City Council meetings and related functions and activities are hereby adopted, to read, as follows: PURPOSE: The purpose and intent of the City Council in adopting the within rules shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. 1. MEETINGS 1.1 REGULAR MEETINGS: The City Council of the City of La Quinta shall hold regular meetings in the place specified in the Municipal Code, on the first and third Tuesdays of each month at 2-.W 3:30 p.m. with public hearings being scheduled for 7:00 p.m. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on that day; rather, such meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday. 1.2 ADJOURNED MEETINGS: Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. 1.3 SPECIAL MEETINGS: Special Meetings may be called by the Mayor or majority of Council Members on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances 510 Resolution No. 98-109 2006- 1016 98 9-5-06 Page 2 (other than urgency ordinances) may be adopted. Notice of special meetings shall be posted in accordance with Section 1.4. 1.4 NOTICE OF MEETINGS. POSTING OF AGENDAS: The City Clerk, or designee, shall post a meeting agenda in the following three locations at least 72 hours before each regular meeting of the City Council, to wit: (1) the bulletin board in front of the Civic Center; and (32) the effise the public bulletin board located outside the Village Post Office at 51321 Avenida Bermudas. The City Council finds and determines that all locations are freely accessible to the public and the Council further finds and determines that the City is legally required to post an agenda only at the Civic Center location and this direction to post in all locations is directory only and not mandatory. Other locations may be added as deemed appropriate. Following posting of said agenda, the City Clerk or designee, shall sign a declaration of the date and place of the posting of the said agenda and shall retain said declaration of posting as a public record as part of the Council meeting record to which the posting relates. The provisions of this section as to place of posting and declaration of posting shall also apply to the special meeting posting requirements of Government Code 54956. To the extent not required by State law, the provisions hereof are directory only. 1.5 QUORUM: Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only 3 attend. The following matters, however, require three affirmative votes: (a) adoption of ordinances, (b) resolutions granting franchises, and (c) orders for payment of money. If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. 1.6 MEETINGS TO BE PUBLIC: Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded, which closed sessions shall only be held in accordance with the provisions of the Brown Act (Government Code 54950 etc.). Resolution No. 98 109 2006- 19/6/98 9-5-06 Page 3 1.7 CLOSED SESSION MINUTES: Pursuant to Section 54957.2 of the California Government Code, the City Clerk of the City of La Quinta may be required to attend closed session of the City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minutes shall be maintained pursuant to the Government Code. 2. ORDER OF BUSINESS 2.1 AGENDA: The Order of Business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL *PUBLIC COMMENT CLOSED SESSION *PUBLIC COMMENT CONFIRMATION OF AGENDA APPROVAL OF MINUTES ANNOUNCEMENTS PRESENTATIONS *WRITTEN COMMUNICATION CONSENT CALENDAR BUSINESS SESSION *STUDY SESSION *REPORTS AND INFORMATIONAL ITEMS *DEPARTMENTAL REPORTS *MAYOR AND COUNCIL MEMBERS ITEMS *PUBLIC COMMENT PRESENTATIONS. PUBLIC HEARINGS ADJOURNMENT Except with majority consent of the Council, items may not be taken out of order. * These portions of the agenda shall be used for discussion and direction to staff to bring back an item with or without additional information or clarification for final consideration as a business, consent calendar or public hearing item on a future agenda. Alternatively, direction could be given to bring back an item for further discussion on a future agenda in any of these highlighted portions of the agenda. J14; Resolution No. 99 109 2006- 4 016E98 9-5-06 Page 4 2.2 DELIVERY OF AGENDA: Barring insurmountable difficulties, the Agenda shall ordinarily be delivered to Council Members each Friday preceding the Tuesday meeting to which it pertains. The Agenda shall also be available to the general public at the time it is delivered to the City Council. 2.3 ROLL CALL: Before proceeding with the business of the Council, the City Clerk shall call the roll of the Council Members and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Mayor called last. 2.4 APPROVAL OF MINUTES: Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the clerk has previously furnished each Council Member with a copy thereof. 2.5 PUBLIC HEARINGS: Generally, public hearings shall be conducted in the following order: Hearing opened by Presiding Officer Staff presentation Questions of Staff by Council Public testimony opened by Presiding Officer Public testimony Hearing closed Questions by Council Discussion by Council Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. 513 Resolution No. AR 109 2006- 1016E98 9-5-06 Page 5 2:6 PUBLIC COMMENT: Pursuant to Government Code 54954.3, each agenda for a regular meeting shall provide an item entitled "Public Comment". The purpose of such item shall be to provide an opportunity for members of the public to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council. In order to assure that the intent of Government Code 54954.3 is carried out, three (3) minutes is the amount of time allocated for each individual speaker. Government Code 54954.2 provides that no action shall be taken on any item not appearing on the agenda unless the action is authorized by Government Code 54954.2 (b). On items of public comment or discussion, any matter raised by the public which does not specifically appear on the agenda shall, upon direction of any Council Member, be automatically referred to the staff or placed on the next meeting's agenda. It is hereby determined that such requests or direction by a Council Member shall not be considered action taken by the Council on said item raised by the public. Further, Council discussion of the matter shall not be considered action taken. 2.7 CONSENT AGENDA: Items of routine nature, and non -controversial, shall be placed on the consent agenda. All items may be approved by one blanket motion upon unanimous consent. Prior to, or following review of the consent agenda by the City Manager, any Council Member may request that any item be withdrawn from the consent agenda for separate consideration. However, any Council Member may abstain from voting on any consent agenda, and the City Clerk shall be instructed to record such abstentions in the minutes. 3. PRESIDING OFFICER 3.1 PRESIDING OFFICER: The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and the Mayor Pro Tempore, the senior Council Member shall preside. If there are two Council Members with equal seniority, then the one who received the highest number of votes in the election shall be the Presiding Officer. In accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each general municipal election and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes, shall be deemed a selection of the incumbent(s) to remain in office. Each person so selected shall serve until a successor 514 Resolution No. 99-109 2006- 10/6/98 9-5-06 Page 6 is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of Mayor Pro Tempore shall automatically be reconsidered by the Council. 3.2 CALL TO ORDER: The meeting of the Council shall be called to order by the Mayor, or in his/her absence, by the Mayor Pro Tempore. In the absence of both the Mayor and the Mayor Pro Tempore, the meeting shall be called to order by the senior Council Member as determined in Section 3.1, who shall serve as Presiding Officer. 3.3 PARTICIPATION OF PRESIDING OFFICER: The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he shall not be deprived of any of the rights and privileges of a Council Member by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the Council, he should consider turning the Chair over to another member. 3.4 QUESTION TO BE STATED: The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.5 SIGNING OF DOCUMENTS: The Mayor, or Mayor Pro Tempore, or Acting Presiding Officer, in the absence of the Mayor, shall sign ordinances adopted by the City Council. The City Clerk, or Deputy City Clerk, shall attest to the signature of the Mayor, Mayor Pro Tempore, or the Acting Presiding Officer. 3.6 MAINTENANCE OF ORDER: The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. Resolution No. 98-109 2006- 1 Q 165 G8 9-5-06 Page 7 4. RULES. DECORUM AND ORDER 4.1 POINTS OF ORDER: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COUNCIL MEMBERS: (a) Any Council Member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Council Member; or unless the speaker chooses to yield to questions from another Council Member. (c) Any Council Member called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with rules of the Council. (d) Council Members shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (e) Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to so act. (f) Except where specifically authorized by City Council action or for purely ceremonial purposes, no Council Member attending a City commission or committee meeting shall make any statement or give the appearance or indicate in any way that he or she is representing the City. When making a comment at such a meeting, the Council Member should make it clear that he or she is speaking solely as an individual. Unless officially appointed to participate on a committee, Council Members should make an effort not to insert themselves into or take positions on matters which will or are likely to be the subject of public hearings or will be decided upon by the City Council after considering the entire issue. Resolution No. 98 109 2006- 1016 98 9-5-06 Page 8 4.3 DECORUM AND ORDER - EMPLOYEES: Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council Member or member of the public. 4.4 DECORUM AND ORDER - PUBLIC: Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant -of -arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant -of -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 4.5 ENFORCEMENT OF DECORUM: The head of the City's police agency or designee shall be ex-officio sergeant -of - arms of the Council. He shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant -of -arms or his representative to eject any person from the Council Chambers or place him under arrest or both. As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 517 Resolution No. 98-109- 2006- 1 98 9-5-06 Page 9 4.6 PERSONAL PRIVILEGE: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 4.7 CONFLICT OF INTEREST: All Council Members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Council Member prevented from voting because of a conflict of interest shall refrain from debate and voting and will be considered absent. Such Council Member may choose to leave the Council Chamber during debate and voting on the issue. 4.8 LIMITATION OF DEBATE: No Council Member normally should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he has the floor, without approval of a majority vote of the Council. 4.9 DISSENTS AND PROTESTS: Any member shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons 4.10 PROCEDURES IN ABSENCE OF RULES: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. 4.11 RULINGS OF CHAIR FINAL UNLESS OVERRULED: In presiding over Council meetings, the Mayor, Mayor Pro Tempore or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Council Members present and voting. :� ; 518 Resolution No. 98-109 2006- 1016M 9-5-06 Page 10 5. ADDRESSING THE COUNCIL 5.1 MANNER OF ADDRESSING THE COUNCIL: Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. All remarks and questions shall be addressed to the Chair and not to any individual Council Member, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. 5.2 TIME LIMITATION: For time limitation applicable to public hearings and public comment, see Sections 2.5 and 2.6. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE: After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS: The making of oral communications to the Council by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations: At any time, before or after the oral communication is commenced, the Presiding Officer may if he deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Council Members. 5.5 PERSONS AUTHORIZED TO BE WITHIN PLATFORM: No person except City Officials shall be permitted behind the City Council dais without permission or consent of the Presiding Officer. Resolution No. 98 109- 2006- 1016 98 9-5-06 Page 11 6. MOTIONS 6.1 PROCESSING OF MOTIONS: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER: The Presiding Officer may at any time, by majority consent of the Council, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order. 6.3 DIVISION OF QUESTION: If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. 6.4 PROCEDURE OF MOTIONS: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: (a) Adjourn (b) Fix hour of adjournment (c) Table (d) Limit or terminate discussion (e) Amend (f) Postpone 6.5 MOTION TO ADJOURN: (not debatable) A motion to adjourn shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion. (b) When made as an interruption of a member while speaking. (c) When discussion has been ended, and vote on motion is pending, and (d) While a vote is being taken. 4r, 7 Resolution No. 98-109 2006- 10/6/98 9-5-06 Page 12 6.6 MOTION TO FIX HOUR OF ADJOURNMENT: Such a motion shall be to set a definite time at which to adjourn and shall be debatable and shall be amendable by unanimous vote. 6.7 MOTION TO TABLE: A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND: A motion to amend shall be discussed only as to the amendment. A motion to amend an amendment is possible but no additional motions to further amendments may be made. Any amendment shall relate to the original motion and not introduce a different matter. Amendments shall be voted first, then the main motion as amended. Alternatively, the original maker of the main motion may agree to revise the original motion and if the second agrees to second the revised motion, the Council may vote on the main motion as revised. 7. VOTING. PROCEDURE 7.1 VOTING PROCEDURE: In acting upon every motion, the vote shall be taken by electronic voting. In the event the electronic voting machine is not functioning, the vote shall be taken by roll call. The vote on each motion shall then be entered in full upon the record. The order of voting shall be alphabetical with the Mayor voting last. The Clerk shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye', 'no' or'abstain'. Every ordinance and any resolutions or orders for franchises or payments of money require three affirmative votes. Any member may change his vote before the next order of business. Resolution No. 98 109- 2006- 1016E98 9-5-06 Page 13 7.2 FAILURE TO VOTE: A Council Member who abstains due to reasons of conflict shall, for purpose of the item under consideration, be considered as if absent. A Council Member abstaining for reasons other than conflict shall, be counted as present for purposes of a quorum and such abstentions are counted with the majority. A Council Member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. 7.3 RECONSIDERATION: CGns+l Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request in writing to the City Manager or City Clerk that it be agendized for consideration at the following meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the next business day. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Council Member who voted against the earlier motion may move for reconsideration within the same seven (7) calendar day period. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Council. 7.4 TIE VOTES: Tie Votes shall be lost motions unless an additional Motion is made which obtains a majority vote to break the tie. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next r.nn Resolution No. 98 1QQ 2006- 1016E98 9-5-06 Page 14 regular meeting of the Council, unless otherwise ordered by the Council. Notwithstanding the above, if a tie vote results at a time when one or more Council Member(s) are abstaining for reasons other than conflict of interest then, in that instance, the abstention vote shall be counted in favor of the motion thereby breaking the tie vote. 8. RESOLUTIONS 8.1 DEFINITIONS: As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolutions". The term "resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, three terms are in general use to denote such (non -ordinance) actions: "resolution", "minute order", and "motion" (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they just vary in the formality of respective memorial ization. The most formal is referred to locally as a "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "minute order" as used locally denotes a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. 8.2 RESOLUTIONS PREPARED. IN ADVANCE: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. Resolution No. 88-109- 2006- 1 98 9-5-06 Page 15 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE: Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting. 8.4 URGENCY RESOLUTIONS: In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable. 9. ORDINANCES 9.1 INTRODUCTION AND ADOPTION OF ORDINANCES: Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. 9.2 EFFECTIVE DATE: All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance. 9.3 PUBLISHING: It shall be the duty of the City Clerk to post or publish all ordinances in accordance with section 36933 of the Government Code within 15 days after adoption. Resolution No. 88-189- 2006- 1 W&98 9-5-06 Page 16 10. POLITICAL ACTIVITIES (A) Council Members shall not use, or attempt to use, their position, office or authority to influence, aid or obstruct any City employee from securing any position, nomination, confirmation or promotion, or change in compensation or position in the City upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee's action. (B) A Council Member or candidate shall not, directly or indirectly, solicit political funds or contributions, knowingly, from other officers or employees of the local agency or from persons on an employment list of the City, with the knowledge that the person from whom the contribution is solicited is an officer or employee of the City. This section shall not prohibit the Council Member from requesting political contributions from officers or employees of the City if the solicitation is part of a solicitation made to a significant segment of the public which may include officers of employees of the City. (C) No Council Member or candidate shall engage in political activity during working hours in City officers or work areas where such activity would disrupt the workplace. For purposes of this section, City offices or work areas includes the areas behind the public counters, but excludes the Council Chambers and Council Member offices. 11. RULES DIRECTORY To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional. PASSED, APPROVED and ADOPTED this 6th 5th day of 9stebeF 1 September 2006 by the following vote: AYES: Council Members Adolph, Henderson, Kirk, Osborne Pefk+es, Sniff, Mayor Pena Adolph NOES: None ABSENT: None ABSTAIN: None Resolution No. 99-109 2006- 4V&98 9-5-06 Page 17 QHN i o7 DON ADOLPH, Mayor City of La Quinta, California r 7) .2 '� .. J ATTACHMENT 3 RESOLUTION NO. 2003-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REVISING THE RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS RELATING TO MOTIONS FOR RECONSIDERATION Revision of Section 7.3 of Resolution No. 98-109 WHEREAS, Section 2.04.040 of the La Quinta Charter and Municipal Code requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions, activities and regulations pertaining thereto; WHEREAS, pursuant to that authority, the City Council has adopted prior resolutions containing such Rules of Procedure, most recently set forth in City Council Resolution No. 98-109; WHEREAS, Council desires to revise to the City's procedures relating to motions for reconsideration following tie votes; -- WHEREAS, the current procedures for reconsideration are set forth in Section 7.3 of Resolution No. 98-109, which states as follows: 7.3 RECONSIDERATION Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request to the City Manager or City Clerk that it be agendized for consideration at the following meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the next business day. If the motion to reconsider passes then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Council. WHEREAS, under the current rules, only a Council Member who voted in the majority may move for reconsideration, and with a tie vote, there is no majority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Resolution No. 2003-025 Revision to Rules of Procedure Adopted: May 6, 2003 Pape 2 1. Section 7.3 of the City's Rules of Procedure is hereby amended to read as follows: 7.3 RECONSIDERATION Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request in writing to the City Manager or City Clerk that it be agendized for consideration at the following meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the next business day. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Council Member who voted against the earlier motion may move for reconsideration within the same seven (7) calendar day period. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Council. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 61' day of May, 2003, by the following vote to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DGN ADOLOH,vMayor City of La Quinta, California 520 Resolution No. 2003-025 Revision to Was of Procedure Adopted: May d. 2003 Paps 3 ATTEST: E SAREEK, CIVIC, City City of La O.uinta, California (CITY SEAL) APPROVED AS TO FORM: r2.2 L--� M. KATHERINE JENSON, City Attorney City of La auinta, California REPORT/INFORMATIONAL ITEM: COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Board of Trustees' Meeting July 11, 2006 Call To Order: President Fuschetti called the meeting to order at 6:00 p.m. Pledge of Allegiance: Trustee Duran led the Pledge of Allegiance. Roll Call: Those present at roll call: President Fuschetti, Secretary/Treasurer Duran, Trustees Baker, Lock, Marchand, McKay, Perkins, and Underwood. Also present were General Manager Donald Gomsi, Administrative Services Manager Brian Passaro, Scientific Operations Manager Branka Lothrop, PhD, Administrative Assistant Anita Jones, Public Information Officer Robert Mann, Operations Manager James Saulnier, Field Supervisors Rodney Chamberlain, Peter Bonkrude, Philippe Boeing and Victor Teran, Vector Control Technician Michael Martinez, and Legal Counsel Lisa Copeland. Vice President De Lara arrived at 6:03 p.m. Trustee Laflin and Trustee Nigosian were absent. 1. Confirmation of Agenda: Trustee Marchand made the motion to confirm the Agenda with the modification that Items 12D-F be moved to Consent. General Manager Gomsi stated Item 12E reflects Ben Laflin as a signer twice and the second listing should reflect adding Ron Perkins as a signer. Also, requested that Item 12A be moved up to Item 5A. Trustee Marchand amended his motion to reflect the changes. The motion was seconded by Trustee De Lara and carried unanimously. 2. Approval of Minutes for June 13, 2006 Board Meeting,: Trustee Duran made the motion to approve the Minutes for the June 13, 2006 Board Meeting. The motion was seconded by Trustee De Lara and carried with eight (8) approved and one (1) abstained (Baker). 3. Public Comment: None 4. Announcements: President Fuschetti welcomed Trustee Karl Baker representing the City of Desert Hot Springs and Trustee Bruce Underwood representing the City of Indian Wells to the Board. President Fuschetti presented President Perkins a plaque recognizing him for his outstanding service during his tenure as President. General Manager Gomsi presented recognition certificates to Premises Inspectors Don Lomas and Robert Stoaks for their excellent work. The new accounting system has been installed. Also, in the Society for Vector Ecology newsletter, there is an article regarding the dedication of the Bio-Control Facility to Dr. Mulla. 531 http://www.cvmvcd.org/agendalminutes/Aug%2006/July%2011,%202006%2OMinutes.htm 8/31/2006 COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Page 2 of 5 5. Correspondence: As in Board Packet. A. Public hearing and approval of Resolution #2006-06 approving Engineer's Report, confirming diagram and assessment, and ordering the levy of assessments for fiscal year 2006-07 for the mosquito, fire ant and disease control assessment President Fuschetti announced the public hearing is to discuss the continuation of a benefit assessment in fiscal year 2006-2007 that funds the District's mosquito, fire ant, vector control, and disease prevention services and projects in the Coachella Valley. This hearing gives the residents and property owners another opportunity to obtain additional information about the assessment and services and provides an opportunity for property owners and residents to provide any additional inputs and comments to the District. General Manager Gomsi reported that it had been a monumental year for the District. The Bio-Control Facility was completed which grows various bio-control organisms to enhance disease control; West Nile virus was treated by land, sea and air, and there were no deaths or serious cases in the Coachella Valley; and the Red Imported Fire Ant program is up and running. The benefit assessment funds have helped the District enhance the goals of the District. President Fuschetti opened the Public Hearing. No public comments were made. President Fuschetti closed the Public Hearing. Trustee Marchand made the motion to approve the Engineer's Report. The motion was seconded by Trustee De Lara and passed by roll call vote seven (approved), one (1) opposed (Trustee Lock), and one (1) abstained (Baker). 6. Approval of Expenditures for June 14-30, 2006 and July 1-11, 2006: Continued to later in the Agenda. 7. Committee Reports A. Finance Committee: Trustee Duran reported that the Committee had met and thanked Trustee Lock for being in attendance. Trustee Baker asked if the fixed assets included the property across the street and when that property was last appraised. A discussion ensued. Trustee Baker requested that this discussion be put on a future Agenda. 8. Report of District Activities: Items are noted in the Manager's Report. Operations Manager Saulnier reported that treatment for West Nile virus is still at a high surveillance and intensity to protect public health and will continue. The Red Imported Fire Ant (RIFA) program is very active. The heat is causing some problems for the staff during the peak of the day, but they continue to survey and treat. Trustee Baker asked if the golf courses are still exempt from treatment of the RIFA program. Operations Manager Saulnier responded that the golf courses were maintained by the California Department of Food and Agriculture but the District works closely with them to get compliance and support to coordinate their treatment with the District's. Trustee Lock commented that she has had nothing but good reports regarding the work that RIFA did in Cathedral Canyon. Scientific Operations Manager Lothrop reported there is not much change since the last Board meeting. President Fuschetti asked if the low detection is common in the State. Scientific r— http://www.cvmvcd.org/agendalminutes/Aug%2006/July%2011,%202006%2OMinutes.htm 8/31/2006 COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Page 3 of 5 Operations Lothrop reported that things may be postponed because of the weather, but the season is not over. But it does look quieter than last year. Public Information Officer Mann reported that improvements had been implemented on the fogging page of the District's website. Also, the District provided insect repellant towelettes to the cities for distribution on the Fourth of July. 9. Informational Items: A. Stormwater Vegetation Management B. Last Quarterly Reports for University of California Riverside and Davis for fiscal year 2005/2006. Included in Board Packet. 10. Consent Calendar: A. Approval for Finance Administrator and Trustees desiring so to attend the Special District and Local Government Institute seminar on Finance in Monterey, October 12-13, 2006. Amount not to exceed $4,000.00 from Fund 6110.1.200, Conference Expense, and Fund 6120.1.250, Trustee Support. B. Approval of a $2,000.00 contribution to help sponsor the cost to provide lunch for the Coachella Valley Farmers Educational Meetings from Fund #6210.1.215, Public Education. C. Approval of Associate of Arts degree program through tuition reimbursement for Administrative Clerk Crystal Garcia in an amount not to exceed $4,500.00. From Fund 5250.1.225, Tuition Reimbursement. D. Approval of Resolution #2006-07 establishing signature approval for checks written by the District. This resolution will supersede Resolution #2003-11. E. Approval of Resolution #2006-08 adopting budgets for FY 05/06 and FY 06/07. This resolution will supersede Resolution #2004-12. Trustee Marchand made the motion to approve the Consent Calendar. The motion was seconded by Trustee De Lara. Trustee Underwood asked what the standard was for tuition reimbursement. A discussion ensued. Trustee Baker requested putting a Tuition Reimbursement policy discussion on a future Agenda. The motion carried unanimously. 11. Old Business: A. Discussion of retreat for District Trustees. President Fuschetti reported that it would not be a problem to get a facility in which to hold a retreat. The real question is what type of facilitator to hire and how much the Board would like to spend. A discussion ensued. Trustee Perkins made a motion to continue this Item and bring it back in front of the Board in six months. The motion was seconded by Trustee Baker. Trustee Marchand commented that if it was to be continued, r it should not be continued for more than one month. The motion failed with one`�(1) 5 J 3 http://www.cvmvcd.org/agenda/minutes/Aug%2006/July%2011,%202006%2OMinutes.htm 8/31/2006 COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Page 4 of 5 approved (Perkins) and eight (8) opposed. Trustee Marchand made a motion to continue this item to the next meeting and for staff to provide a list of facilitators and venues, along with budgetary issues and impacts. Trustee Baker recommended in an amount not to exceed $10,000. The motion was seconded by Trustee Baker and carried unanimously. President Fuschetti announced a ten (10) minute break. Trustee Marchand and Trustee Perkins left the meeting. 6. Approval of Expenditures for June 14-30, 2006 and July 1-11, 2006 (continued from earlier in the Agenda): Trustee De Lara made the motion to approve the Expenditures for June 14-30, 2006 and July 1-11, 2006. The motion was seconded by Trustee Lock and carried unanimously. 12. New Business: A. See Item 5A. B. Approval to purchase two (2) golf carts in an amount not to exceed $20,000 from Fund #8415.1.590, RIFA Capital Outlay. Trustee De Lara made the motion to approve. The motion was seconded by Trustee Duran and carried unanimously. C. Approval to renew Insurance Policy for non -owned commercial aircraft coverage with AvQuest in an amount not to exceed $10,125 from Fund #6000.1.225, Property and Liability Insurance. Scientific Operations Manager Lothrop reported that this is an annual renewal of insurance. Trustee Duran made the motion to approve. The motion was seconded by Trustee Baker and carried unanimously. D. See Item IOC. E. See Item IOD. F. See Item IOE. G. Approval to install and modify lights for aquaculture in the tank room. Award of contract will go to lowest responsible bidder. Funds not to exceed $25,000.00 from Fund #8484.1.700, Interior Equipment Bio-Control Facility. $65,000 is available in this fund. Scientific Operations Manager Lothrop reported that if there is not enough light, the mosquitofish will drop in production. Trustee Baker made the motion to approve. The motion was seconded by Trustee Lock and carried unanimously. 534 http://www.cvmvcd.org/agenda/minutes/Aug%2006/July%2011,%202006%2OMinutes.htm 8/31/2006 COAC14ELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Page 5 of 5 H. Approval to purchase six RIFA vehicles in an amount not to exceed $120,000.00 from lowest priced available dealer stock from Fund #8415.1.590. Trustee De Lara made the motion to approve. The motion was seconded by Trustee Duran. Trustee Baker asked if the vehicles from the state grant program were kept. Administrative Services Passaro responded that the District did still have those vehicles and were being used, but they are old and worn. A discussion ensued. The motion carried unanimously. I. Approval to renew Vector Control Joint Powers Agency (VCJPA) coverages in an amount not to exceed $106,030.00 from Fund 6000.1.225, Property and Liability Insurance and Fund #6001.1.225, Workers Compensation Insurance. Trustee De Lara made the motion to approve. The motion was seconded by Trustee Duran and carried unanimously. J. Discussion and/or approval of change to healthcare benefits. Administrative Services Manager Passaro gave a presentation on the proposed change to healthcare benefits. Legal Counsel Copeland reported that a key difference between CalPERS and the present plan is that CalPERS requires that a retiree health benefit program be offered. GASB 45 requires budgeting for retiree health care and that funds be encumbered to cover the expense for twenty years. A discussion ensued. Vector Control Operator Mike Martinez, representing union employees, stated that over the last few years, they have not only taken lower health care plans, but some have even taken family members off. Trustee Duran asked Mr. Martinez if the CalPERS plan is what the union employees want. Mr. Martinez responded that yes, the union employees feel that the CalPERS plan is a good plan. A discussion ensued. Trustee Duran made the motion to approve. The motion was seconded by Trustee De Lara and by roll call vote carried with four (4) approved and three (3) opposed (Lock, McKay, Underwood). 13. Closed Session: A. CLOSED SESSION — Pursuant to Government Code section 54957.6 — Conference with labor negotiators. Agency designated representatives: Lisa Copeland, Don Gomsi and Brian Passaro, and California School Employees Association Chapter 2001. There was no need to meet in closed session. 14. Trustee Comments: None 15. Adjournment: The meeting adjourned at 8:37 p.m. ., . 535 http://www.cvmvcd.org/agendalminutes/Aug%2006/July%2011,%202006%2OMinutes.htm 8/31/2006 DEPARTMENT REPORT-4 SEPTEMBER 5 SEPTEMBER 19 SEPTEMBER 6-9 CITY COUNCIUS UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES MAYOR/ COUNCIL MEMBERS EXECUTIVE FORUM SEPTEMBER 22 ALL CHAMBER LEGISLATIVE LUNCHEON 11:30 A.M. - WESTIN MISSION HILLS RESORT, RANCHO MIRAGE OCTOBER 3 CITY COUNCIL MEETING OCTOBER 17 CITY COUNCIL MEETING NOVEMBER 7 CITY COUNCIL MEETING NOVEMBER 21 CITY COUNCIL MEETING DECEMBER 5 CITY COUNCIL MEETING (3 DECEMBER 19 CITY COUNCIL MEETING J" LA QUINTA CITY COUNCIL MONTHLY CALENDAR September 2006 !; ,.., ,,:r;r;: :..,r ,!!!r ;! :i:.:;;° ii!!!f;!!; �' ii,;,!A:i:: r•. , iili rig i , rA.. n!!19! li,I.. ,... r.. i I.. �, i. ! !:.: i, nirlj i, iilil'!eieeizi!i^!!s.:,:,'•'•` 9 :OD AM - 4:00 PM SJS R ra!,; !I!I i, is l�ll!I i, r! 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S M ,.... li�!li!i 4 1 2 3 4 5.....:::...:::: :. 1 2 3 4 5 6 7 i!t!I..... „n.. ,, .. •i!h„ 6 7 8 9 10 11 12 8 9 12 13 e!ll I.I lIIi':!Iia.!iIiI.;rr,�,.' !,i:!.i!:,.:l..! ia.11:..;:i�,;:!:ai;:rii!;: ;:r:',::,�:I� l;I!E;,I:L.!!,�IiI.Ir:!€.i,:!r 14 15 16 17 18 19 16 17 18 19 20 15 2113 I.:::!:!:;�!,,::;:.. a::,:!;r:r::;r,.::;,l I�iIl;: l!�!El;�.l,l.,: I: ,,I,�:;:!:•,I!a;I!i.!:.:::,:;r':!!r.;::;:a.:,:;,.:;,aS;..:.l:rl,.i:!;,.i:ia,e:!::rir..,i:irar 20 21 22 23 24 25 26 22 23 24 25 26 27 29 30 31 28 ur 27 28 29 30 31 ,I..... fi ..I :a Nill HOME ..:..::.r .,..:..:..:1!•,;..:..:..:..:I!„ ::.::,:..:..:,:.: rr:...:...1!;ir.r:.,:..:..rlll.:a:::..,,I.�I!r...:..:.,.:!li:,.:..,...:�r,.,r.,,...,1.........:.l,l .I. ..r...:.:.n�:ai::a::::,,m:,a;r;::' .....,,......:..:........:.: 3 4 5 6 7 8 9 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch League Riverside Division Meeting Breakfast -Henderson Labor Day (CITY HALL CLOSED) League of California Cities Annual Conference - San Die o 10 11 12 13 14 15 16 9:00 AM Chamber 7:00 PM Planning 9:00 AM RCTC• 9:30 AM Animal Campus- 9:00 AM CVA•Henderson Workshop -Henderson Commission Henderson Henderson 10:00 AM Pub. Sfty-Kirk 5:30 PM Investment 11:00 AM CVCC-Sniff 12:00 PM Transp•Kirk Advisory Board 12:00 PM Energyl 3:00 PM Mtns. Con -Sniff Environ.-Sniff 6:00 PM League - Henderson 7:00 PM Community Services Commission 17 18 19 20 21 22 23 2:00 PM City Council 3:00 PM Historic Preser- Meeting vation Commission 24 25 26 27 28 29 30 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Henderson Commission Osborne Henderson 6:00 PM Exec Cmte.- 12:00 PM Sunline•Adolph Adolph 4:00 PM J.Cochran Reg. Airp-Osborne Printed by Calendar Creator Plus on 8/14/2006 537 LA QUINTA CITY COUNCIL MONTHLY CALENDAR October 2006 - ----------- Sunday Monday Tuesday Wednesday 4 Thursday 5 Friday 6 Saturday 2 3 2:00 PM City Council 10:00 AM ALIFIC Meeting 8 9 10 11 12 13 14 10:OOAMPub. Sfty-Kirk 7:OOPMPlanning 9:00 AM RCTC- 9:30 AM Animal Campus- 12:00 PM Transp-Kirk Commission Henderson Henderson 6:00 PM League- 5:30 PM Investment 11:00 AM CVCC-Sniff Henderson Advisory Board 12:00 PM Energy/ 7:00 PM Community Environ.-Sniff Services Commission 15 16 17 18 19 20 21 2:00 PM City Council 3:00 PM Historic Preser. 9:00 AM CVA-Henderson Meeting vation Commission 22 23 24 25 26 27 28 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Henderson Commission Osborne Henderson 12:00 PM Sunline-Adolph 29 30 31I. I - y 1111 �N Daylight 6:00 PM Exec Cmte.- Adolph September Il November Savings S M T W T F S S M T W T F S Time Ends 1 2iI!i 1 2 3 4 5 6 7 8 9 10 11 3 4 5 6 7 8 9 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 "will Printed by Calendar Creator Plus on 8114/2006 LA QUINTA CITY COUNCIL MONTHLY CALENDAR November 2006 Sunday Monday Tuesday Wednesday Thursday Frictay )auwxAqr_ .i .I ,(i!i.Ii'ir!;:!!:,Il;i!'!;'!a!'.I..IF'i�li!!5!I. ,,i,1,I!i!i.i!!.,:I:!,!i.!..'!„•!•,!I!!;:aaii!:i •• e;!:!,u:i•.(I P';': •:.ail,:::,•�!;II!!•;.,.I,!:�!�,.,•,!„!i O'Neil:11,111 III. :.:.i,61a,...:NL.: ,....:...: a ::::::;:••:.••u3:.: .:' "':..:.....: :m. i.:.; •,... ::::a::a::;:e:. I,i,,,i, pvl:,H yi•;p i4:•i'i, , i.�i.,:.:,1 2 3 4 ,!!:!p,,„ .I.:I::!.:,, i ll .::!!qt .::iU. .:.I.II ..,,.!.l �:,::l:i ..:il�i; : I'!!I;:.:.,:I..II i';:!::::-::flit„G;:.,::.I. :::II ' .::III :. :!! i''r'! i: ..i t::.....:.. , 11-i:!..I.: .::I :i ;..I. i. [ii:;:;:;....,...:...:..:..::.r.;:::..,lle,:.:.., lllrl!!;!:¢!,..liil:;t?'!!!:-i',Ila �.11 ;I !i!!u.... ....:..:::::.:.,.I ..:!..:..:.:.. :,� f...::.:..., .!......I .............:�.. :.i.. 1:1:...!:�! ii:ii:.. ':!:.!iri!r: i!!ij! j . I:! !'! 10:00 AM ALRC M Mayors Lunch 12:00 P y 9:00 AM • 4:00 PM SJSR 9:00 !li!iiii! iiii! .liiiil °rl.,. 'I!i � i�: r Ili.. October `lip..! -H nderso n Ntl. Mnmt e itil.q. T W T F S I.. !!,:,, .:::,I;?�• !!ri'i::::: S M iiiiiilliii!!II!Ipgi� t=!!!!!;,rii!r!ri!e!f ;;irisp!snit!!►=t:!:;;;!;I,!!nli!! y:x:!:: ir!p:::::: :ri i!i!;ii 1sr;;!iy!,::,fii!!•,ri,;ii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 25 26 27 28 22 23 24 29 30 31 •pi'!" iii I!.I ! ,.,!iii i i' �!:::.Vi ..........i.!I..!ifs!'!!ssii!!!5ts"!s!iai!i!!!t!x':i:„l:;':!:::::� .m�6!:s, „ l!!I!i':::,;i�.: ....! . !:!:a!i I! r"!:::,il ilii•'r::: �!I.:::.::..:!'!.i.:.:,::::!I!,! r:::..:.............:,. 9 10 11 5 6 7 8 2:00 PM City Council 9:00 AM RCTC• 9:30 AM Animal Campus - Meeting Henderson Henderson 5:30 PM Investment 11:00 AM CVCC•Sniff Advisory Board 12:00 PM Energyl Veteran's Day Environ.•Sniff ICITY HALL CLOSED) Election Day 12 13 14 15 16 17 18 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 3:00 PM Historic Preser• 9:00 AM CVA-Henderson 12:00 PM Transp•Kirk Commission vation Commission 3:00 PM Con -Sniff League - 6:00 PM League• ' Henderson Henderson 7:00 PM Community Election Day Services Commission 19 20 21 22 23 24 25 2:00 PM City Council 12:00 PM Human/Comm— Meeting Osborne 12:00 PM Sunline-Adolph 4:00 PM J.Cochran Reg. Thanksgiving Day (City Thanksgiving Holiday Airp-Osborne Hall CLOSED) (City Hall CLOSED) !l,u,iplrr:! 26 28 29 3027 {�i!;r,'r'i!!S!!!ur'i:•L,: �c i,. ..11.u1, :!,!j, ;.!;.' :,i!:i;i..!:.!;.i,..!!. l,.!:ii.:! ,!:!I:ll,iii,ii I.iiIl,i4II,I.y•Ii:I!!�I1.Ij:I, :i!:i,:!'l; r!l.„: I!ii!!II:.;,iI,l,,:i.Ii.!:iII,:::l"I!:,;,,I::;,�" lI,l�,pi. Ii!!!lii:r 10:30 AM RCTC Budget - 7:00 PM Planning December .. •� i r!ii!IIII!� j Henderson Commission f!i:o1 S M T W T F S !i! it 6.00 PM Exec Cmte. • '!?!s! � i!111! — 1 2 'i�!ilil! Adolph l"1";!; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 'l!jy!!�i'jr lillill 24 25 26 27 28 29 30 31 ;I!I-::.;::!I,illjglliill'•I!zei:!nF.YiI`;!!.,.u5!!i,. I IfII!!!leei ljli!I � "!pi!ji., I; i ,. liIP61;,;II! II I,;Ij IIII,I;IIa:I;, i i! tlu,!;e, !'! II y:Ji!: i i!Iili;irip,ipl i G;!i!!!;;i!1! I I Printed by Calendar Creator Plus on 8/14/2006 91 Department Report: & W 16 a4 Z o``.�o • LZ =-_ J�y� '�Y�IMrivannn �'�' cy� 9ti5 OF I TO: The Honorable Mayor and Members of the City Council FROM: Debbie Powell, Interim City Clerkv�a�� -- DATE: September 5, 2006 SUBJECT: Department Report Regarding Meeting Schedule for Joint City Council/Commission Meetings The City Council has directed joint meetings semi-annually with the Planning Commission and annually with the other City Commissions. Past practice has been to schedule the joint sessions with all of the Commissions on one of the Tuesdays that the Planning Commission meets. Last year, the meeting was held on October 25, 2005. Staff recommends beginning the meetings at 5:00 p.m. with the Planning Commission. The remainder of the joint meetings would then be scheduled in 30-minute increments as follows: 6:45 p.m. Historic Preservation Commission 7:15 p.m. Investment Advisory Board 7:45 p.m. Community Services Commission The Planning Commission meets on October 10 and October 24, 2006. Staff will make arrangements on whichever date the City Council selects. • - )40 Department Report: 3 4a UJ /1 c F; OF9ti TO: The Honorable Mayor and Members of the City Council FROM: Debbie Powell, Interim City Clerk DATE: September September 5, 2006 SUBJECT: Department Report Regarding Volunteer Police and Firefighter's Annual Dinner and Holiday Open House Each year, the City of La Quinta honors the Police Volunteers and Volunteer Firefighters with recognition dinners. Last year, at Council's request, the events were combined, with one recognition dinner taking place on Wednesday, November 2, 2005. The following dates appear to be available for consideration: Wednesday, November 1, 2006 Thursday, November 2, 2006 Friday, November 3, 2006 Wednesday, November 8, 2006 Thursday, November 9, 2006 The Council may also wish to choose a date for the annual Holiday Open House before calendars fill up during the holidays. Last year's Holiday Open House was held on Thursday, December 8, 2005. Dates that appear to be viable include: Friday, December 1, 2006 Thursday, December 7, 2006 Friday, December 8, 2006 Staff will proceed with the arrangements immediately upon selection of dates by the City Council. DEPARTMENT REPORT: 4 0a� C� OF T 9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety ! DATE: September 5, 2006 RE: Monthly Department Report — July 2006 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of July. The reports depict the following highlights: • Year to date building permit valuation is $199,077,973 which represents an issuance of 2,838 building permits through July; • 1,629 animal control cases have been handled through July; • 1,522 code compliance cases have been initiated through July; • $880.00 - garage sale permit income in July r 542 kn N t— l— ":t 17t •-+ Q1 M M d d r + 00 N d cn -- N �t " O (A N N V) 00 -+ O\ N N O r- N C; + + t� N O� oo 116 oo Vn llzf� kr kr kn O C O M �,o M O O1 m C) O M �p t-t r- D\ N � O 'U 00 M O O'� — a; � N M N `o �h 00 ,y `� M -- •- M M M cV M N ,-- N O M M O N I IL y" `nNMI 00a\[�O�l� MNl�00�O CI N M o0 00 O "t \C M O� O •-+ l � ct M d� 01 N � N l .. �} 00 O l� CV M l— N O N N � 00 to M in M 00 O M C1 M M � 01 O N � M00 O E"{ M d d V 1 d M d M N H -- ,O M kn I O OO m eq c>k"Dv- "o � in 00, Q1 N o0 N l IC O N [V- O\ 01 kn Do It � 00 O^ M O M F" ^O \,o o O; lr O N N M a1 D1 a\ 100 PO 00 a1 N d' 00 w o CIA V1 rl "o r- O okn0 00 C� C kn O O Q*� O C� [� N in a\ 00 O m "C n � oo kn oo M O O� O N _ � v A � a � � � O O O to ti w ti ti c o z a) r: W iDco a a W �.'-a E H >1 rm F z1 O r F H H r 9xaw Uaww Hxa49 E Ln p a a W a � Q O !� � u >4 H N m o O H \ q co r Ln a U E H H H E+gxm m004 H H W I Faa � W H E a q z Cl) ww E x � r H E U1 a' as a w0rxw aw0q w CD O m o 0 o m o H d' O m m V O r O O O N O O O I , O O 41 O O In In O O O\ O O O In O O m 0 0 In O O m I Cn I L0 Ln Ln to N w O d1 O 0 m H M O N M N 'WOO M 1 W M N 1,0 VI 'V OD M m kD M O N 0\ m 0 M r 00 O O m I W I r rID w" 0\dl M10 r MriN Mr-IOD (r) rW I Ln r .--4 d' (3) 00 ID N H H ri m al H I N m 04 }I q,' OEII Wr m00Mr 010000000r-I InOOOOO dl � I ,zM %D M OD Ln O H N O O Ln 0 'T CO Ln O Ln O O O C d' <M co 0) 0) O 0A O O r Ln M 0\ (14 co 0) O 0 W I mmM N00 oDLnkDLnOD0) -I-;rOM aOw r C4> I ONLrnm rn LnH mHIn(DmmH MLnN m a and �0 m Dr♦Lnm 01 ,] I M ri Ln N Ln q a 1 N m O a H w a CO I F I O O d' o ri w I, ri w Ln H OD M r-4 rA VI o N O Ol H dl 01 w F-1 1 M N .--I N ri Ln ri O Ln N O x 1 H m ri Ln N C W I a I , I I 1 I Cn I m l0 N O H lD N I-L N dl r-1 OkD to H LD O N O O ri 41 ID I a I N ri M H N H ri N I a 1 H Ia1 I I 1 I I a o m co o 0 o H w Ln Ln o rL N o o r o Ln iD o o W I m l moalLn000LnHomrr)LDrooOD��c000 H W I oNLnri Ln, cc') orr�DHmrno LnOHkD o 0 H D\ In M w VI O H r ri M r �D 00 r ri m O 00 I rwrr Hw H VIH N wmw OLn NO N ID I ri Ln H r 14 (N H LD M OD rI m H ri I I z , I E I a' I N r H H O O O O m r 0 0 O W O O W In O H O O 0) q `j 1 W V LT 01 O Ln O r m H O O m w W Ln al Ln O W O 1 m Ol co M O H M M o 01 O W W Ln W OD -V H 0 ri wmri a co mHHmmHaw dl OH Ln M M 'D CI O M d' M H Ln d' N In In .--I VI dl M r-I 0) W M d r I H H N LD N H ri 00 a a 1 H rI H Ln O a H mal x E 1 Cn I I E lXl O d1 In O O N l0 C N O O 01 lD M O ri O I H I dl r ri r-I H ri r rn d1 m I CV LD l I wl lal I I 1 Cl) 1 M O M ri M CO O d' ri O ll'1 Cl dl N O 00 r MOO r-I N 1 14 I ri r H H w H N LD a 1 N aw� ray 1 I 1 1 ' a I El E O I F I 1 z 9a z El H 1 q El Q na 14 H a xH as m a F H H z 1 H 1-4 O la PQ W ,4.� FC 1 E RCz 4 q rtH wrr x I z h1 rl4 H w H H F 1-1 E li w uxw F urn Uz4 WW Oa q awx z HW P4 WH as 04H W H wxE w rr,a wqE 0 wFa rn CFO q rl, FA zz xUH I W £O-- H 0 1 �(1)W HH FwKc 1 a O a CO OWq wcn Oarx W U 1 W a UaH LoF+ r11 I I w a a a W ' Z1XOI I W Ca UU I UXo� 04 1 O W E X H H E u z a a w z z a z Hrc,W0 1 P4w O HW W 1 0HH Er•Cr4 O F-- ou F0�au0mgq 0a14 auHo H I HI..]a 0u9x H6004jX44z DUN E I (::I W IX USE-+ XXO I wwC7aaw£ � 1 q��wwa�cww�Cawwow�sHoEaw u FCSUzgW0XZaaarxaarxgqEl H I xzxoumx c� E z mz W I UOz Xw W UUFm D4.7 E-no4EH 9 �MUOUq W C0X0NwaaaarnuicHi�rAWWP r4 3 r 1) 4 co r vv � � � ��V- I� ftl Ul Lid r r *' I o .- N' '*V- A '- Department Report: so a, CV _�_ G OFT TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Co y Development Director DATE: August 15, 2006 SUBJECT: Department Report for the Month of July 2006 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of July. Additionally, page 2 provides a fiscal year-end summary of Planning Commission activity. P:\Monthly Report Folder\JULY 2006.doc 1 m 0 n N o G CD CD m CD CD° p -°0 0 CD a CD c°n n CD ° < ° 3 tD w m CD� c -n CD 0 )> D CD O N D ° � CD 0 � m -v c° N 3 3 CD 3 ° m rn ° N y CD CD �' � n a D CD 3 C� CD "L7 N N CD N �1 3 ° CD LO CD CD CD coN N N R' -0 O n r N � Cl)�—*c9 p� N 1p O O OQ N CAC C= Tj O 0 p p W N N N G 6 6 V 6 OW N N N C G C 6 6 CS CD CD � Z scr 3333 3 + CD co CD �, q rn3 3 r+ m cD CD CD 2 CD CD m a Q. ¢ CDCL R' (P n m o Cn Cn C CD Ca. m 0 N c CD 0 0 r+ Cl) co CD 0 0 CD 0 r+ CD a w CD 0 0 CD cn 0 m 0 3 CD v cn cn CD cn 3 CD c v 0 a CD 0' v 0 w 0 CD a 00-CD-0`-�'�CDC0 00 -�-� �:3E,:CDCD��<� D D 5' CD cQ 0 p CD CD a ' *• CD CD a o n Z 0 a)� CD CD 3 3 �. �, CD �m D c� � CD DDT 3 3o70 7m n O CD 0 - mc-1 CDcD -0 L. DT 0- cn 0 CD a3 3 m 0 r m �° CD 3 :3 cD n-q p cn n m D M z m r 0 Oc z D G) cn m O O O— N N O O O O D D -0 -� M O c c c c c c c c c c M u Q u u 6 u u u u Q O 3 3 3 3 3 3 3 3 3 3 < C m m p m m m m m m m m m m p a a a a a a a a a a f p O m cn D 0 3 CD 0 � CD 0 0- z vi O W * (51 C- r CD Z Z z N � O n 00 0) 0 9 O aU) c� r p < Z w D OC) N O O O � DEPARTMENT REPORT: h z OF'ft�' TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: EDIE HYLTON, COMMUNITY SERVICES DIRECTORe DATE: SEPTEMBER 5, 2006 SUBJECT: COMMUNITY SERVICES DEPARTMENT REPORT FOR JULY 2006 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF SEPTEMBER 2006: Sept 1 *Ageless Action Aerobics (Exercise Class) Sept 1 *Mat Pilates Sept 1 *Oil & Acrylic Painting - Intermediate & Advanced Sept 5 *Whole Self Defense Sept 5 *Files & Folders Sept 5 *Introduction to the Computer Sept 5 *Learn to Knit Sept 5 *Digital Photography Sept 6 *Beginning & Continuing Italian Sept 7 *Introduction to the Internet Sept 7 *Scanning Sept 7 *List & Labels Sept 7 *Fall Open House Sept 7 *Mosaic Tile Art Sept 7 *Social & American Latin Ballroom Dance Sept 8 *Latin Dance Sept 11 Line Dancing, Senior Center Sept 11 Dance, Play, & Pretend, Senior Center Sept 11 Ballroom Dancing, Senior Center Sept 11 Jazzercise, Library Multi -purpose Room Sept 11 Beginning Computers, Senior Center Sept 12 *Windows XP Sept 12 *Photo Editing 1 Sept 12 *Introduction to Word Processing Sept 12 *Arthritis Tai Chi Sept 12 *Beginning Mah Jongg Sept 12 Mosaic Tile, Senior Center Sept 12 Infant/Child/CPR, Senior Center L .. Sept 12 Beginning Guitar, Senior Center Sept 12 Italian for Everyone, Senior Center Sept 12 Adobe Photoshop Elements 2 Advanced Course, Senior Center Sept 13 Adobe Photoshop Professional Version, Senior Center Sept 13 Start a Little Business, Senior Center Sept 13 Kickboxing Boot Camp, Senior Center Sept 13 Mastering Microsoft Word, Senior Center Sept 14 Dance, Play, & Pretend, La Quinta High School Sept 14 Beginning Ballet, La Quinta High School Sept 14 Adobe Photoshop Elements 2 Introductory Course, Senior Center Sept 14 *Photo Editing 2 Sept 14 *Introduction to E-Mail (AOL & Outlook Express) Sept 14 *Fiesta Luncheon Sept 14 *Advanced Mah Jongg Sept 14 *Tai Chi Chuan — Traditional Sept 18 *Hooked on Loops (Rug Hooking) Sept 18 *The Self -Publishing Experience Sept 19 Women's Enrichment Circle, Senior Center Sept 19 Hawaiian Hula Dance, La Quinta High School Sept 19 Intermediate Belly Dance, La Quinta High School Sept 19 *Photo Editing 3 Sept 19 *Word Processing (Level 2) Sept 19 *Beginning & Intermediate Watercolor Lessons Sept 20 *Sketching & Drawing Sept 21 *Photo Editing 4 Sept 21 *E-Mail — Level 2 (AOL & Outlook Express) Sept 21 Beginning Belly Dance, La Quinta High School Sept 23 Algodones Excursion Sept 24 2-on-2 Grass Volleyball Tournament, La Quinta Park Sept 26 *Simple Sreadsheets Sept 26 *Printshop Publishing 1 Sept 28 *Printshop Publishing 2 Sept 28 *full-grown Driver Training *Daytime Senior Center class or activity r Monthly Revenue Report for July 2006 Monthly Revenue - Facility Rentals 2006 2005 Variance Library $ 4,590.00 $ - $ 4,590.00 Senior Center $ 3,000.00 $ 2,158.00 $ 842.00 Parks $ 230.00 $ - $ 230.00 Sports Fields $ 67.50 $ - $ 67.50 Monthly Facility Revenue $ 7,887.50 $ 2,158.00 $ 5,729.50 Year to Date Facility Revenue $ 7,887.50 $ 2,158.00 1 $ 5.729.50 Monthly Revenue Senior Center $ 2,496.00 $ 4,164.00 $ 1,668.00) Community Services $ 2,162.00 $ 2,460.00 $ (298.00) La Quinta Resident Cards $ 1,575.00 $ 2,055.00 $ 480.00) Fitness Cards $ 80.00 $ - $ 80.00 Total Revenue $ 6,313.00 $ 8,679.00 $ (2,366.00) *Revenue for Senior Center is low due to the low attendance in all Bridge programs compared to last year at this time. **Several instructors not available to teach summer sessions. *** The number of new resident cards was double last year. Revenue Year to Date Senior Center $ 2,496.00 $ 4,164.00 $ (1,668.00) Community Services $ 2,162.00 $ 2,460.00 $ (298.00) La Quinta Resident Cards $ 1,575.00 $ 2,055.00 $ (480.00) Fitness Cards $ 80.00 $ - $ 80.00 Total Revenue to Date $ 6,313.00 $ 8,679.00 $ (2,366.00) v .. Senior Center Attendance Senior Center Program Report for July 2006 Participation artici ation—Variance Meetings Meetings 09--- 2005 2 Senior Activities ACBL Bridge* 154 280 -126 4 4 Bridge, Duplicate/Social/Party* 178 279 -101 14 13 Monthly Birthday Party 24 36 -12 1 1 Putting Contest 4 0 4 1 0 Monthly Luncheon 59 35 24 1 1 Movie Time 46 25 21 5 4 Evening Dance (Sizzlin Summer Serenade 46 0 46 1 0 Senior Activity Total 511 655 -144 27 23 Senior Leisure Classes Arts & Crafts 8 8 0 3 2 Computer Classes* 3 31 -28 1 6 Computer Tutor 4 0 4 4 0 Exercise 31 45 -14 12 13 Jewelry Making 1 0 1 2 0 Mosaic Tile 4 0 4 4 0 Pilates 11 4 7 4 4 Quilting 21 20 1 4 4 Sketch/Draw 8 13 -5 4 3 Tai Chi Qi Gong/ Tai Chi Arthritis 21 13 8 5 4 Watercolor 12 7 5 4 4 Senior Leisure Classes Total 124 141 -17 47 40 TOTAL SENIOR PROGRAMS 635 796 -161 74 63 Senior Services FIND Food Distribution 166 178 -12 4 4 Hearin Consultation 6 0 6 1 0 Homeowner/Renter Assistance 14 0 14 5 I.I.D. Energy Assistance/No fee 90 84 6 8 10 Legal Consultation 4 4 0 1 1 LIHEAP 17 0 17 1 0 Mature Driver Training 9 0 9 1 0 Seminars for July 18 0 18 2 0 Volunteers 23 22 1 n/a n/a TOTAL SENIOR SERVICES 347 288 59 23 15 SENIOR CENTER TOTAL 9EI21 1084 -102 97 78 ACBL Bridge attendance is down due to vacations and part-time residents retuming home. Attendance down due to Social Bridge only meeting one day a week compared to twice a week last year. Duplicate Bridge has members out on vacation and part time residents returning home. *A limited number of computer classes were offererd in July, One class went and the others were cancelled due to low attendance. DEPARTMENT REPORT:TW�v 4 eCP Qu&& MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: September 5, 2006 RE: Public Works Department Report for July 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. r4,4,u� KA�� Nr6othy R. 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NOC - -a C V .L O 41 N d T Us o d 10. S c 0 s v U 0 0 r 0 o �s o U +� O U � O U H T � m c to ISO tN r r Q O N � o c� o 0 C O r 0 0 0 0 0 o r O' O O N t0)0 00 N ++� •�- C �G 0 ja 0 G1 t3 � caa� o MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: July, 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 Policing/Inspection 58 33 0 15 106 1001 Pot Hole -Repair/Patching 12 2 0 1 15 1002 Crack/Joint Re air 19 0 0 0 19 1003 Pavement MarkingtLegends 0 0 0 0 0 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 18 17 0 0 35 1007 iCurb & Gutter Re air/Const. 0 0 0 0 0 1008 Other Concrete Re airs/Const. 0 0 0 0 0 1009 Street Sign Install New 4 0 0 0 4 1010 Street Sign Repair/Maint 13 13 0 0 26 1011 Debris Removal 20 17 0 10 47 1012 Right of Way Maint. 22 12 42 0 76 1021 CLEAN Catch Basin Inlet/Outlet 17 23 0 0 40 1022 Rondo Channel OutleWault 4 0 0 0 4 1022A Desert Club OutletlVauft 0 0 0 0 0 1023 S.D./D.W./C.B. Repair/Maint. 2 55 0 2 59 1024 Gutter/Median Sand Removal 0 10 0 0 10 1025 Street Swee in (Machine) 120 0 0 0 120 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 19 01 19 0 38 1028 Dust Control 0 01 0 0 0 1029 Flood Control 0 01 0 0 0 1031 Parks/Retention Basins Inspection/Clean-i 36 21 25 2 84 1041 Mowing/ Weeding, Shrubs & Tree Trimmin 49 16 98 61 169 1051 LandscapeArriation Contract Managerner 12 14 60 16 102 1052 Lighting/Electrical Contract Management 0 0 0 10 10 1061 Small Tools Repair/Maint, 2 01 0 0 2 1062 Equipment Repair/Maint. 2 2 0 0 4 1063 Vehicle Repair Maint. 12 11 0 0 23 1081 Trash/Litter/Recycable Removal 0 12 7 0 19 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 97 80 12 9 198 1084 Maint. Yard Building Maint. 0 35 0 2 37 1085 Seminars/Training 0 0 0 16 16 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 69 0 1 0 70 1088 Meeting 2 11 11 12 36 1089 Office Phone, paperwork, reports, Misc. 5 30 51 39 79 SUBTOTAL 614 414 280 140 1448 1091 Over Time 8 8 14 0 30 1094 Jury D ) 0 0 0 0 0 1095 Sick Leave 48 2 8 0 58 1096 Vacation 50 16 0 4 1 70 1097 Holiday 88 48 32 16 184 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp 0 0 0 0 Q SUBTOTAL 194 74 54 20 34 TOTAL HOURS 808 488 334 160 1790 TOTAL MILES 1 31511 21971 15731 3941 1 7315 (:fy� 4 tP Q9&r45u COUNCIL/RDA MEETING DATE: September 5, 2006 ITEM TITLE: Public Hearing on the Adoption of a Resolution to Vacate a ± 420 Sq. Ft. Portion of Calle Tampico Near Avenida Villa RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: L Conduct a public hearing and then adopt a Resolution of the City Council to vacate a + 420 sq. ft. portion of Calle Tampico near Avenida Villa. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Due to the realignment of Calle Tampico, as shown on Attachment 1, Calle Tampico contains portions of right-of-way that are no longer required. The portion of right-of- way considered for vacation is specifically described in Attachment 2 and is not needed by other property owners for access, or improved accessibility. A legal description of the property is provided as Attachment 3. Borrego Resort Holdings, Inc. requested vacation of the said portion of Calle Tampico pursuant to California Street and Highways Code Part 3 for Public Streets, Highways, and Service Easements Vacation Law, Section 8320-8325. The portion to be vacated will be a part of an approved 20-unit residential condominium project by Borrego Resort Holdings, Inc., Specific Plan 2005-076 and Tentative Tract Map No. 34038. The City mailed out notification letters to all potentially affected public agencies, setting December 30, 2005 as the deadline for comments. No public agency has responded with negative comments; however, the Imperial Irrigation District (IID) has requested a 10-foot public utility easement be placed along Calle Tampico within the 563 proposed vacation parcel. The application was considered by the Planning Commission on August 8, 2006. The Planning Commission found the proposed vacation to be consistent with the La Quinta General Plan as unanimously approved by Resolution 2006-028, however requested that the Public Works Department confirm ownership of the proposed vacated portion of Calle Tampico. Subsequent research has established that Calle Tampico was accepted by Riverside County as a public roadway. Staff believes that the County's acceptance did not imply anything other than a roadway easement and therefore recommends this abandonment as the method of vacating the City's interest in the property. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Conduct a public hearing and then adopt a Resolution of the City Council to vacate a + 420 sq. ft. portion of Calle Tampico near Avenida Villa; or 2. Do not adopt a Resolution of the City Council to vacate a + 420 sq. ft. portion of Calle Tampico near Avenida Villa; or 3. Provide staff with alternative direction. Respectfully submitted, "imothyn s n, P.E. Public Works Di ctor/City Engineer Approved for submission by: l " Thomas P. Genovese, City Manager Attachments: 1 . Calle Tampico Realignment 2. Right-of-way Vacation Plat 3. Legal Description JG4 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A ± 420 SQ. FT. PORTION OF CALLE TAMPICO NEAR AVENIDA VILLA CASE NO. RW-V 2005-013 WHEREAS, pursuant to Sections 8322 and 8323 of the Public Streets, Highways and Service Easement Vacation Law, due notice of the Public Hearing was given by public posting in the time and manner prescribed by law; and WHEREAS, following its discussion of the street vacation application on August 8, 2006, the Planning Commission of the City of La Quinta has determined that the vacation of said portion of Calle Tampico near Avenida Villa, is not in conflict with the Infrastructure Element or other policies of the General Plan of the City of La Quinta; and WHEREAS, the City Council of the City of La Quinta has conducted the required public hearing upon due notice and, upon hearing and considering all testimony and arguments of all interested parties and persons desiring to be heard, did find the facts to exist justifying the approval and adoption of said portion of Calle Tampico near Avenida Villa vacation, as follows: 1. Vacation of the subject portion of Calle Tampico near Avenida Villa will not adversely affect the City of La Quinta or adversely impact the Circulation Element of the City of La Quinta General Plan. 2. The affected portion of Calle Tampico near Avenida Villa is unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. 3. No local public agency has submitted objections to the proposed vacation of the portion of Calle Tampico near Avenida Villa. 4. Approval and adoption of the proposed vacation of a portion of Calle Tampico near Avenida Villa will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the right-of-way will restore possession of the vacated portion of Calle Tampico near Avenida Villa to the vested owner of the abutting parcel of real property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: SECTION 1: The City Council, having elected to proceed under the provisions of Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law of the State of California, and having held a public hearing upon due notice as provided therein, hereby finds from all evidence submitted that the portion of Calle Tampico near Avenida Villa, specifically described in Attachments 1-2, attached hereto and incorporated herein, is unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. Resolution No. 2006- Vacating Portion of Calle Tampico Adopted: September 5, 2006 Page 2 SECTION 2: The City Council hereby orders the vacation of the portion of Calle Tampico near Avenida Villa, as shown in Attachments 1-2 attached hereto and incorporated herein. SECTION 3: The City Council hereby determines that adoption of the vacation will cause no significant negative environmental impact. SECTION 4: The City Council hereby orders that the vacation shall not be effective until a certified copy of this Resolution has been recorded with the Riverside County Recorder. SECTION 5: The City Council hereby determines and orders that the City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of Riverside County, California. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of September, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California 66 ATTACHMENT 1 RIGHT-OF-WAY VACATION LEGAL DESCRIPTION AREA TO BE VACATED -PARCEL C A PARCEL OF LAND IN A PORTION OF UNIT NO. 14 OF THE SANTA CARMELITA AT VALE LA QUINTA TRACT, AS RECORDED IN BOOK 18 PAGES 82 AND 83 OF TRACTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO BEING A PORTION OF THE SOUTHEAST ONE -QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 11 OF THE SANTA CARMELITA AT VALE LA QUINTA NO. 14 TRACT AS RECORDED IN MAP BOOK 18 PAGES 82 AND 83 OF TRACTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 890 56' 26" WEST, A DISTANCE OF 63.92 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 1,250.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 120 15' 00" WEST; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 020 05' 47", A DISTANCE OF 45.74 FEET; THENCE NORTH 770 39' 45" EAST, A DISTANCE OF 19.49 FEET; THENCE SOUTH 000 04' 56" EAST, A DISTANCE OF 19.14 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINS 419.95 SQ.FT.(0.0096 ACRES) MORE OR LI )67 w O 7777���� c� 0 ti VILLA 1 PwAveNILDA N QQ438 1 v J � C O ..a 32.Q3. N O � O tn� , lip Q%Q n a• :13 tO �.' N m a a OW W � J ^^ rr 05 , Z4N 0 5� N s- w 0 0 r� z� 3 �rn Z -D Z 0 zV •`� 'c� Apo c 9\ V ATTACHMENT 3 RIGHT-OF-WAY VACATION LEGAL DESCRIPTION AREA TO BE VACATED ---PARCEL C A PARCEL OF LAND IN A PORTION OF UNIT NO. 14 OF THE SANTA CARMELITA AT VALE LA QUINTA TRACT, AS RECORDED IN BOOK 18 PAGES 82 AND 83 OF TRACTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO BEING A PORTION OF THE SOUTHEAST ONE -QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 11 OF THE SANTA CARMELITA AT VALE LA QUINTA NO. 14 TRACT AS RECORDED IN MAP BOOK 18 PAGES 82 AND 83 OF TRACTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 890 56' 26" WEST, A DISTANCE OF 63.92 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 1,250.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 120 15' 00" WEST; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 020 05' 47", A DISTANCE OF 45.74 FEET; THENCE NORTH 770 39' 45" EAST, A DISTANCE OF 19.49 FEET; THENCE SOUTH 000 04' 56" EAST, A DISTANCE OF 19.14 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINS 419.95 SQ.FT.(0.0096 ACRES) MORE OR LI 571