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2007 01 16 CCCALL TO ORDER Roll Call: Council Members efr# 4 4 49w6i 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, JANUARY 16, 2007 — 3:00 P.M. Beginning Resolution No. 2007-001 Ordinance No. 434 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. 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 CITY'S REAL PROPERTY NEGOTIATOR, THOMAS P. GENOVESE, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF A PORTION OF 525± ACRES LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. PROPERTY OWNER/NEGOTIATOR: DESERT CLASSIC CHARITIES, DAVE ERWIN. boo I City Council Agenda 1 January 16, 2007 2. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON, JOHN FALCONER, AND JOHN RUIZ, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 - MEET AND CONFER PROCESS. 3. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND THOMAS P. GENOVESE, REGARDING NEGOTIATIONS WITH THE CITY OF LA QUINTA UNREPRESENTED EMPLOYEES: BUILDING & SAFETY DIRECTOR, CITY CLERK, COMMUNITY DEVELOPMENT DIRECTOR, COMMUNITY SERVICES DIRECTOR, FINANCE DIRECTOR, AND PUBLIC WORKS DIRECTOR, PURSUANT TO GOVERNMENT CODE SECTION 54957.6. RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE 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. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM MILO BELL, DATED DECEMBER 31, 2006, REGARDING GOLF FEES FOR NON-RESIDENTS. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 19, 2006. 2. APPROVAL OF MINUTES OF JANUARY 2, 2007 r� V J 0025 City Council Agenda 2 January 16, 2007 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1 . APPROVAL OF DEMAND REGISTER DATED JANUARY 2 AND 16, 2007. 2. RECEIVE AND FILE TRANSMITTAL OF TREASURER'S REPORT DATED NOVEMBER 30, 2006. 3. RECEIVE AND FILE TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR NOVEMBER 30, 2006 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING DECEMBER 31, 2006. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE 2007 GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA, JUNE 10-13, 2007. 5. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP FOR PARCEL MAP 34123, REA LA QUINTA, LLC. 6. ACCEPTANCE OF A GRANT OF EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES FROM REA LA QUINTA, LLC ASSOCIATED WITH PARCEL MAP 34123. 7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH OMNIS INCORPORATED TO PREPARE THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE (PS&E) FOR THE LAGO LA QUINTA AND VILLAS AT LA QUINTA SOUND ATTENUATION WALLS, PROJECT NO. 2006-02. 8. DENIAL OF CLAIM FOR DAMAGES FILED BY: RSI FOR ALFONSO PENA, DATE OF LOSS - JANUARY 17, 2006. 9. ACCEPTANCE OF ON -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29053-3, FIORE AT RENAISSANCE, TRANS WEST HOUSING, INC. 10. ACCEPTANCE OF ON -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29053-2, FIORE AT RENAISSANCE, TRANS WEST HOUSING, INC. 11. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 34243, PASATIEMPO, MADISON 58T" LA QUINTA, LLC. 003 City Council Agenda 3 January 16, 2007 12. ADOPTION OF A RESOLUTION DESIGNATING PORTIONS OF SIDEWALK ON . WASHINGTON STREET A SHARED BICYCLE AND PEDESTRIAN ROUTE. 13. APPROVAL TO AWARD A CONTRACT TO AMERICAN ASPHALT SOUTH, INC. TO CONSTRUCT THE FISCAL YEAR 2006/2007 SLURRY SEAL AND RESTRIPING PROGRAM, PROJECT NUMBER 2006-01 . 14. APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE FUNDING AND JOINT DEVELOPMENT OF STATE HIGHWAY 111 IMPROVEMENTS AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KATZ OKITSU & ASSOCIATES (KOA) TO PREPARE THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR THE PHASE III HIGHWAY 111 IMPROVEMENTS, PROJECT NO. 2006-04. 15. APPROVAL OF THE FINAL RELOCATION PLAN FOR 46-130 DUNE PALMS ROAD AND 46-150 DUNE PALMS ROAD. 16. APPROVAL OF A CONTRACT EXTENSION WITH RBF CONSULTING INC. FOR CONTINUED WORK ON THE SPHERE OF INFLUENCE STRATEGIC PLAN. BUSINESS SESSION 1. CONSIDERATION OF AN AMENDED USE AGREEMENT BY AND BETWEEN DESERT CLASSIC CHARITIES AND THE CITY OF LA QUINTA. A. MINUTE ORDER ACTION 2. CONSIDERATION OF NAME CHANGE FOR THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY. A. MINUTE ORDER ACTION 3. CONSIDERATION OF CITY COUNCIL REVIEW OF OPTIONS FOR DEVELOPING A NEW COLLECTION, TRANSPORTATION, RECYCLING, AND DISPOSAL AGREEMENT. A. MINUTE ORDER ACTION CC 004 City Council Agenda 4 January 16, 2007 4. CONSIDERATION OF RECIPIENT FOR THE SENIOR INSPIRATION AWARD PROGRAM. A. MINUTE ORDER ACTION 5. CONSIDERATION OF SPORTS FIGURE ACKNOWLEDGMENTS. A. MINUTE ORDER ACTION 6. CONSIDERATION AND AUTHORIZATION TO SEND OUT A REQUEST FOR PROPOSALS (RFP) FOR AUDITING SERVICES. A. MINUTE ORDER ACTION 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 (KIRK) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (KIRK) 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 CHILD SAFETY COMMISSION (HENDERSON) 14. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 16. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. SILVERROCK RESORT SUBCOMMITTEE 005 City Council Agenda 5 January 16, 2007 19. SPHERE OF INFLUENCE SUBCOMMITTEE 20. INVESTMENT ADVISORY BOARD MINUTES FOR NOVEMBER 8, 2006 21. COMMUNITY SERVICES COMMISSION MINUTES FOR DECEMBER 9 AND 11, 2006 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE TO PUBLIC COMMENT 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING & SAFETY DEPARTMENT MONTHLY REPORT - DECEMBER 2006 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT- DECEMBER 2006 A. REPORT OF CITY COUNCIL SUBCOMMITTEE AND UPDATE ON THE SPHERE OF INFLUENCE 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT - DECEMBER 2006 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT - DECEMBER 2006 9. POLICE DEPARTMENT MONTHLY REPORT - DECEMBER 2006 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. 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. PRESENTATIONS - NONE aos City Council Agenda 6 January 16, 2007 PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project 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 TO CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL AMENDING THE LA QUINTA MUNICIPAL CODE CHAPTER 9, SECTIONS 9.20.030 AND 9.50.030 TABLE 9-2, TO CROSS-REFERENCE EXISTING SPECIAL ZONING SYMBOLS IN THE RESIDENTIAL DEVELOPMENT STANDARDS AND TO ESTABLISH THEIR IDENTIFICATION ON THE OFFICIAL ZONING MAP. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE ON FIRST READING 2. PUBLIC HEARING ON THE APPEAL OF REIMBURSEMENT AMOUNT FOR TRAFFIC SIGNAL IMPROVEMENTS AT WASHINGTON STREET AND SIMON DRIVE BY PH RANCH, LLC. A. ' MINUTE ORDER ACTION 3. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER A REVISED AFFORDABLE HOUSING AGREEMENT BETWEEN THE AGENCY AND SANTA ROSA DEVELOPMENT, INC., TO INCREASE THE AGENCY'S FUNDING FOR THE HOMEBUYER SILENT SECOND TRUST DEED MORTGAGE LOANS BY $4.5 MILLION, THUS EXPANDING THE INCOME LEVELS OF THE HOMEBUYERS FOR THE PROPERTY LOCATED WITHIN THE WATERCOLORS HOUSING PROJECT AT AVENUE 48 AND ADAMS STREET. A. MINUTE ORDER ACTION r .07 City Council Agenda 7 January 16, 2007 ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on February 6, 2007 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of January 16, 2007, 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 111, on January 12, 2007. DATED: anuary 12, 2007 VERONICA . MONTECINO, City Clerk City of La Quinta, California Public Notices The La Quints 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,ltwenty-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- 7103. 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 meeting. 01-1 008 City Council Agenda 8 January 16, 2007 WRITTEN CORRESPONDENCE ITEM: MILO AND MARJORIE BELL 79-470 Azahar 3900 S E 154" Cf. La Quints, CA 92253 Vancouver, WA 98683- (760) 564-1713 (360) 254-3158_ December 31, 2006 Mayor Donald Adolph City of La Quinta 78495 Calls Tampico La Quinta, CA 92253 RE: Silver Rock Golf Course Dear Mayor Adolph: You have heard this complaint before, however, here is another one. Last year I spoke to City Manager Thomas Genovese about the golf fees for non- residents. 1 was in essence ignored. We have relatives and friends visit us (why not? La Quinta is a beautiful place) who enjoy playing golf. We would like to take them golfing at Silver Rock for two reasons; the course is great and it is right across the street from where we live. However the problem with taking them there is the cost to them for play. We cannot in good conscience subject them to the expense for playing a public course. The price is always a 'sticker shock' for them and we often end up subsidizing their play. Because of this situation we look for other, more reasonably priced courses to play. This means that Silver Rock not only loses our business on the course but also in the restaurant and pro shop. Silver Rock was fabricated using city tax dollars. The necessity of recovering the costs may seem important but not realistic. If the paper is correct in the Silver Rock costs, there will never be enough players to pay for the course or the improvements. I urge you and the city council to seriously consider implementing a fee structure that gives guests of La Quinta card holding residents a substantial break in the cost of play when accompanied by the resident. I know a system was implemented to allow the golf 009 MILO AND MARJORIE BELL course manager the latitude in making a judgment on fees for the off season. I think it would be a far better policy for the council to make the fee structures for both in and off season. This would make the costs consistent for players. In addition, on 30 December 2006 at approximately 9:54 AM while on a walk to the club house I saw a city golf course employee, using a club house golf car, hunting for golf balls along the east side of the entrance road. This does not appear to me a good use of my tax dollars. Thank you for considering my suggestions. Sincerely, Ii'lIG7�a ?TIl r;r. 010 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 16, 2007 BUSINESS SESSION: ITEM TITLE: Demand Register Dated Jan. 02, 2007 CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve Demand Register Dated January 02, 2007 BACKGROUND: Prepaid Warrants: 71317 - 71343) 47,857.08 71344 - 71361) 261,819.57 Voids) (300.00) Wire Transfers) 595,261.20 P/R 33613 - 33634) 171,530.81 P/R Tax Transfers) 44,890.68 Payable Warrants: 71362 - 71504) 1,631,145.81 $2,752,205.15 FISCAL IMPLICATIONS: Demand of Cash -City $2,352,905.04 Demand of Cash -RDA $399,300.11 G� D11 ohn M. Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 12/13/06 - 12/26/06 12/14/06 WIRE TRANSFER - LANDMARK 12/18/06 WIRE TRANSFER - PERS 12/18/06 WIRE TRANSFER - ICMA 12/19/06 WIRE TRANSFER - WATERCOLORS 12/19/06 WIRE TRANSFER -WATERCOLORS 12/22/06 WIRE TRANSFER - LANDMARK TOTAL WIRE TRANSFERS OUT $198,554 07 $44,558.00 $10,865.89 $81,000.00 $81,000.00 $179,283.24 $595,261.20 CC 012 N VI N W N t W N O N N t W N O O m O y m O Z m D m K c I. m m m r A A A m m m m o A m m o m D c v ci m z N O A 0 y D A m i v m m x z c N � Z N I"I VI D D 0 ti m < D O ➢ A Z H ti D O 2 O O O O O O O O O O O O O O O O O O 00 O O O aaOOOaOoOaO OO OO aa000a000a O P P P N P P P P P P P P P P P P OO �J mJ N �O�OmJPNtWN � N N N N N N N N N N N N N N N N \\ \\ \ \\\\\\\\\\ \ N N N N N N N N N N N N N N N N P P P P P P P P P P P P P P P P \\ \\ \ \\\\\\\\\\ \ N N N N N N N N N N N N N N N N O O O O O 0 0 0 0 0 0 0 0 0 0 O 00 00 O 0000000000 O P P P P P P P P P P P P P P P P O I mom A Z2 I DI -AA J I om I Z-IOm 1 01)CKm9 t I n 1 A D p I I O O D A •O I I Om3m I I •• 0 I O m I I A P II Io O I I D VI ti I I m r V O I < I aI x 1 Z m I N aZ I A JCO O r 1 0 1 A m a I m o I Z m 1 A I + J O I I D A I I D 1 1 < 1 1 O I I A I I M 1 I m I 1 N I I 0 0 00 O 0 0 0 0 0 0 0 O_ O O O O � N I I I I I I I I 1 1 1 1 1 1 1 i I 1 NO I oa O o 0 J I OaOONVIVIaaa 0 0 0 0 0 0 0 0 0 0 a O 0 O I a 00 c 00 N VIN NNUI VI VIN VI VI N vl In 1 I I 1 1 1 I I I I I I I I I I I I I 0 t t t N N t t t t t t t t t t t t I C NN N NW j NN N N N w 12 I N N N N W W W W W W W W W W W W W I P P P P N P P P P P P P P P P I I I 1 I I 1 P I P I I I I I 00 I I ON 1 O I I 1 W W W W W W W W W W W I J� N J I I I < I I � I I Z I IMMI 1 ti m 1 I 3 I I O I -I I ti I N N � � � �P P W W I„ D I , Nth Pit NN NJN �.OVJNmJJ NN `a •� I z 1 ➢ J t W N N J 00 I V m 1 . 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Z IA-1 1 WA % T$T3Ma NN -1 r D NNN I I.T I \O *XM I M Ta G G nn"o G G r G GGG I I I NG *,= I m Illy m Z Z nnOz 111 N 111 r m nnn I- I OD *mZ m do Z m Z xZ Z C Z 2 11. 1 Or *ZO Z zz o m o S o a 0 2 0 1 z 1 P IFZO m ZZ O A O ti3 O 3 O Ll O I Z 1 r u A D A N A I 1 O NN A zA 1 1 N K C 1. 0T K 1 1 p-i *ao 0 0 0 0 0 m m Z 1 1 S F AT m -1 -1 -1 I I m *> r > > > I I *wi- m mr Z r r r 1 1 A a m 1 1 IF lF lF Z N It ]t % ]F % 1 1 0 » o I I a F C I I eF m 1 1 m m ti I I •• I I I I � I I N I j I I I I W I 1 \ I 1 N I 1 O I 1 O I t P I i I I A I I V N 1A W I D I 13 I WJ >OPLO>N A mOJNW A A O O P WWWN ICS I 0 0 JA �O>P�O>A N N O O IN, I ZT I ti n I Nm� V O O J • O O O O A 0 1 x WN QI m N A PWoo m O O A Ao P P Pw O O O O N I I I I I I I I I I I I 1 I 1 I I a +mI A I 2-11 m V I➢ v I D 1 3 1 0 1 0 OC 1 OI.A I m n law I V I Z N I �m O,O'D53 COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Demand Register Dated Jan. 16, 2007 RECOMMENDATION: Approve Demand Register Dated January 16, 2007 BACKGROUND: Prepaid Warrants: 71505 - 71532) 2,555,573.02 71533 - 71561 } 84,547.25 Voids} (19,116.82) Wire Transfers} 226,913.14 P/R 33635 - 33659) 189,519.55 P/R Tax Transfers} 48,675.84 Payable Warrants: 71562 - 716351 938,340.13 $4,024,452.1 1 FISCAL IMPLICATIONS: Demand of Cash -City $3,457,098.46 Demand of Cash -RDA $567,353.65 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: _ Or, 054 John M. Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 12127106-01109107 01/02107 WIRE TRANSFER - PERS 01/03/07 WIRE TRANSFER - PERS HEALTH 01/08/07 WIRE TRANSFER - WATERCOLORS $45,283.33 $78,629.81 $103.000.00 TOTAL WIRE TRANSFERS OUT $226,913.14 �� 055 env I 1 Oln I I M In O O P O .T O IO N O A P O \ I YJ I . Il. . . M . N . . . 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OP Om ON 00 N On OM O, ON ON ' OCKw. I WM I OPPPPPPPPPPP ON ON ON On Or OHO 00 ON ON w/�/1, o- O— 0, ON 00 OHO O, O— ON IJ Vt83 d I I C 1 N I W I O 1 N Z I M W I d O I n W I O 1 £ I 6 I F- Z I U1 I LL < I N I W S I I I N N O M A In Y. 1 I w 1 I � 1 1 c w 1 I Y 6 I 1 ucl I w I I S I I u I I I 1 Y 1 1 Z 1 1 m I A al 1 N w I Z I O C 1 •O 1 d 01 O Z I LL I 1 J 1 I 1 ODP rI I C I N M 7 1 Z I �NI O I w I N Z I > I N a I I J I 1 C •• I W 1 W£ LL I O u 1 << O 1 Z N 1 < 1 00 I 60Y I C>2 I W O�-IZZ I 6 6 V I> 1 r� r 084 COUNCIL/RDA MEETING DATE: January 16, 2007 AGENDA CATEGORY: ITEM TITLE: Transmittal of Treasurer's Report as of BUSINESS SESSION: November 30, 2006 CONSENT CALENDAR: 41. STUDY SESSION: PUBLIC HEARING: Receive and File FISCAL IMPLICATIONS: Transmittal of Treasurer's Report dated November 30, 2006 for the City of La Quinta. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I herby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. 1: Respectfully submitted, 1 14 John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Treasurer's Report, City of La Quinta 1:R `a MEMORANDUM TO: La Quinta City Council FROM John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for November 30, 2006 DATE. December 31, 2006 Attached is the Treasurer's Report for the month ending November 30, 2006. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month. Investment Beginning Purchased Notes I Sold/Matured Other Ending Change Cash (3) $ (582,525) $ 991,716 (1) $409,191 $991,716 LAIF 21,530,025 17,700,000 (2,100,000) 0 37,130,025 15,600,000 US Treasures (2) 131,875,012 19,000,000 (35,000,000) (39,806) 115,835,206 (16,039,806) US Gov't Sponsored Enterprises (2) 29,847,577 51,020 29,898,597 51,020 Commercial Paper (2) 16,919,258 5,000,000 (6,000,000) 26,841 15,946,099 (973,159) Corporate Notes 2,914,230 3,599 2,917,829 3,599 Mutual Funds 4,439,121 1 2,143,403 2,295,718 2,143,403 Total $ 206,942,698 $ 42,691,716 $ 45,243,403 $ 41,654 1 $ 204.432,665 1 $ 2,510,033 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy except as follows: The Federal Home Loan Bank maximum was exceeded on January 18, 2006, as reported on page 2, and is expected to come into conformity on December 15, 2006. As of November 30, 2006, the market value of the investment was $7,628,281 and the amortized cost plus accrued interest was $7,632,691 for an unrealized loss of $4,410. Management intends to hold the investment to maturity. As Treasurer of the City of La Quints, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. °VVV`I 1 1z/zy_/ZOa4- John M Falconer Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. Treasurer's Commentary For the Month of November Cash Balances — The portfolio size decreased by $2.5 million. The major reason for this decrease was expenditures for capital projects, which is reflected in a $2.1 million decrease in mutual funds in November. Investment Activity — The Treasurer has been increasing the LAIF holdings in November to take advantage of a 20 basis point advantage over US Treasuries. At month end, the sweep had a $2,272,785 balance and yielded 4.68% which primarily consisted of outstanding warrants. While this rate is lower than the LAIF rate of 5.13% for next day funds, the sweep account allows the City to take advantage of earning interest on warrants that have been released but have not been cleared by our bank. The sweep was instituted based upon the raising interest rates and earned $ 6,462 in cash for the month. The bank fees for the month were $ 1,858 which resulted in a net increase of $ 4,604 in real savings. Portfolio Performance — The overall portfolio performance increased by two (2) basis points and ended at 5.03% for the month. At the end of November, the portfolio yield was nine (9) basis points over the benchmark which decreased by two (2) basis point from the previous month to end at 4.94%. With the short average maturity of 62 days, the portfolio yield should remain at these levels. The Treasurer will continue to invest in short term investments based upon the yield curve. At this time last year, the portfolio was yielding 3.55% and the benchmark was at 3.75% for a 41 point difference so we have made progress in meeting our benchmark. The Treasurer has been investing more in LAIF and has not been investing in longer than six months Treasury securities or in will be investing in longer than six months GSE's based upon the yield curve to take advantage of yield spreads. Future Thoughts The Treasurer will continue to invest in short term maturities to take advantage of the inverted yield curve — Commercial Paper with 45 to 60 day maturities and Bond proceeds will continue to be reinvested in six month Treasury bills as they mature. GSE's will be rolled over for no longer than six month maturities. v .. 088 0 c ° N c m c q C m C O C m w Z Z O Z Z O Z O Z O z s OPA c E Q 12 Q a ppn "6 5 `° .u2 `o U m m � im`r°y � m � ma m E. x� L^ N @ @ y T A N c ccc �- '_= =EEE 3 g=o N oEE � �O O 00 p�gT�gN a{I 000000 .m-Ng O O.tl w>N � 5 o g w P 2 go�i dig Cq � m z b 8 ' 'og000 8 O 8 8 ag 8 G ae a^ e m w E o 00 E•E v�i p� o 0000�g � d° e e Q O O O O O 00 .... 0 0 0 a Q O V O O 8 O G00 OHM O O O 8 O Tm LL C m t0 m m 2 O N O O O N O Q QO (V m a w a QQagg 80�$ N m'N ppgggqoaogg 25SOgoo gg 000o o a mgo o m M o O vim m.NN. —.8 W O O w w 0 mm O E g' oo 0000 d'ogo oao�og g0000o co gq a 00 m $ 8 MHg 9 mOogg2525o ''gg N om z a� �ooasoo o �mMM�Nm �� MM 82 E m T g $ LL y .r3 cc° 6 o� m p* 1 a m m ory@�ry a°_ Q o v L ? 80a LOLLdC= LL gc E m = N 'mU gC UU V n.R t d N g+ O m @@� E z Ct o f [C yy g N 0 0 O1 c ` L O O b E S N v! 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F-Sweep w S $ 2,2]2,)B $ PHaB- Donnas N Wells I'aHOa -Dama's C 1.188 T&N - Bank Aavmb ,--M - $ 111866- U s Tleaury CutlMMn-Aaaabll Su hnj Amommd Vely Yu Susanna!fA Bank 0l New Yoh-penand Yes US Treaury Sift B.B22.108 91922,1066 Bankol New Yak-OewM Bak&New Yoh - Dismal aamaNw Yoh -Donal Y. Yee You US. Tell Bill US Treaay Bill US Treasury Note OB91,151 9,]61.IY2 3.991,542 8,a1,4511 9,]81,12222 3,981.51242 6aA&Nex Voh-DsmaM Baw&New Yoh-DA aft Yes Yea US Treasury Nob US Treasury Bill I,9B4,389 1.980.33I 4,981.388B8 IB80331J4Total-US Trea 42A51241 12 1 ka U S GBvernment SM.d Emerptges AmoNeed no. Sbpw Cusbdlan-An9assi S taut? Value Yes Ad Yes Bank&New York-DOmand Yes,FFCB -Dbmum NBsa 4.995.110 85,11D 1,8 1,995,140 Bak&Nw Yolk-OanaM Yea FHLB 4,968.IA5 ♦,806.115 1,998A15 Bak&New Yoh-Demard You FHLB-0bvad NOb 2,98]Ai] 2,W],11] 2,911] a Bk&NPw Yoh-DemaM YorkFHLB 1,99BD1) 1,9B0,0fi 1.099.01) Bank&Non Voh-DOmal Ya FHLB 7'40,M2 ]A99]22 ],499,Y22 Bak&Nw Vah-DemaM' Yes FNMA 4S88,851 I.M.851 4,M.Ml Bath&New Yoh -Dismal Yes LMo a e- OlxoumN 2,Qo.005 2420005 2420005 TossUS Govemwm Soso. 29.fi9B,5W 29,898So] 29.898.597 Mndlum Tea Hob Cue�bn-Avakabil Sanow. Iasvra Book Vlv Suryka Ya ptl Suryka Yes Bank &New Voh-O- M Yes UaMalEbcekta N 291],a29 391]B29 2,917529 Toal-MWmm TermlI 2.91].829 2.81]B29 2,91 ],B29 PrimeC nvsanail Paper CUEbdan-AvallabB S a IvvM Book Valy Surylue Tao M Suraa Yes Bakal New Tvk-DemaM Yea J C$IGma Fu=Im 2,9]5,981 2.9)5,951 2,975,01 Bak&Nw Yoh -Donal Yes Walma Stores 2BB]AD] 2,BBi,Wi 2,98i,037 bank&New YaR-CewM Yee Mem1 Lynch 2893,59I 2,990591 2,893,504 Bah 14 Yoh-pemaM Yes Amemm� Honda 2,99B,300 2,988,300 2,998.300 Bsi&Nw Yoh-DemaM You G<vrzl EkMeCelial 1,982,331 1,B82,331 1B62.J31 BaM&Nw YOh-Comano Yes Skmem Ca ICo 19088]8 1W68]6 19986]6 T&al-Pdme Cwnwrtl&P 15.948,099 15,918,9Po 15,916.039 LovIA06rcylnaYmeN FUM $atlas Sapke New-Av.,IM S us T BMk You Adj Yee IAIF- City - Dome& Ya Sale Pod 33,303,00] 3J,]03,00> (1,OBB,6521 32,2J4,155 LAIF-RDA-Demand Yea Sale Pod ]B2],Ot6 WDIS 382i 018 TM-31Me Po& 371301#S 3),1b,035 1,088,852 38,OB1,1I3 SurykE Nd Ad SNpks No All FUMe A&WI% Suraus Yes Y1B6$,i611 S 3,311,WB S 1,05,0.5] f22]2.]08 $R2]2.>eel S - p00 000 f 108005 f 1,008.653 S fAi8,B5] 02003% O.00M% BBya w Ad S9Ma No All Funds AWelx Surylue YeE 20 ]551% 209t6.5% Boom. NO AN Surylue No qll FwlE gstual% Sinon, Vea 148252% 11 ]316% Sapkb !b Ad Saga No All Funds A.al% Surybs YeE - HD3% 14E% Suryla w AO Suryla No Al Fats Acual% Saaa yes ]BD]2% ]556PM1 Sap!y No Ad Surylue No FAN Fate AiAol SUIMu9 I Yes 1a 1625% 1]]6B0% Taal Cie mvaenmMa 12e,W,i+{ 12$.M.)M 10N.Iu 12727- OS.ims% 62>10]% Tool Ciy Caab 6 lwumana 12e,)52.98$I 12 M,M 100e,452 127,2763281 008 1 iMCM 1 1476e57 62.+106% ezi111% Pomoll-CM lmesbmms Amodo¢O Surly Surylue CueMUn-AWMa BY Surshus, lauerrt Valle Yea Aa Yea 2002 RDA U.S Bat*k IP Yes U.S.Treaeury Bill B,9T0,81] 9,9]0,81] 9,910,6I] 2004 Fla. AutlarBy CIP Yes US.Treaury Bill 29,82],38T 29,92],38) 29,92),38] 2004FMav Audki CW Ye] U'S Treasury Bel 8,881,385 Sa84,385 8.654.385 2004FIvnmA CUP Ya USTreaeu BIII 24 B21343 24621343 24621343 TM -US ire ]3,383.962 73,383.882 23,383,982 PoMolb-&NUN Fundy Tnube-AvNIaM Siam. Money Malkin &NUN FundValm Book Saps. Ye9 qd Sala Yes Cnic unier U S Bane- Palled YES tat Amencan 299 299 299 Cm cmc dm S U Bah-Dat, Svc TES 1a Amencan 1994 RDA US Bah -DIM Svc YES 1NAmedcan 1 1 1 1995 RDA U S Sam -CIP YES tm American 1995 RDA U S Bank FoodYES ipw Anvn - 2004FbAulb-190 US Boo -Eacmw YES 1NAwMan 199BRDAUS.Flann IP YES 1st Amedvn - IMMAU.S.BaNr-Dial Sec YES 1st Amedvn 1BBB RDA U.S Bank ''-Specbl Fund YES 1&Amerlun 108 RDA U S Bank -0IP YES 1snAmeMan 2001 RDA US Bank -Da Sc YES iNAmarkan 1 1 1 2001 RW US. Bank -CIP YES IMAmerYsn 2002 RDA US Bak -Da Svc YES 1aAwMzn 1 1 1 2002RDAVS Bak -LIP YES tYAmalcan 1.113.791 1,I43,7& 1,443,701 2003 Taebk RDA U S Bank -DS YES 1aAmeMain 1 1 1 2003 Taxable RDA U. S. Bani YES 1atAmehal 2003 Taxabk RDAU S BakCIP YES iMAmerskan 20o4 Fb Alan US Barb -CIP YES 1st Aran. 8511619 M1,619 M1,619 2WIFIn ANb USBarh-001 YES 1MAwhat 2 2 2 BUMoaI-MW oFal 2295,718 2295,718 2,285,]1B Suryks w Adl S9Na No All Funds AMW % Surplus Yu 358901% 361576% Bvpiu6 w mi SmwuE No AIIFuMa A.1% Surya Y. I IMMT 1131 % Tablfbnal ApealnwMab T],6T+,N0 )$.6]I.6e0 )]pr+Y9 ]T.9191% n]eeTx Grand T&al 3DI1]2.H5 20k04.SN 1 fl.GWMI20.MM 1 481.001111,6Y,]62 1 1.4r6]]r �+ 100. 100.0000% 10 m fO ^ w ?C4 n m N a n a $ n N qo niroN� r nQj' ggN$$ b a w m a, N y n MNCJ^ n NNd V N bQA N yS pp. Ofwl �A�p n n� w-N� � MNN Nm ��0 OA ppip' SbN�tO N d' b n I L 0 N N n N N r f N 1� 0 d N O O N N 8'r" V C tlOn �-m V Nm ryV MNrNt7 m� ;� O O N O Y nt r N9 b4 0 Mt+NI N' gg A N b N N V n I h N r � 0 b O m yLL Y M �Wp n N Q O mm qnq y eJ N b O N C n Nb N N N Q N fV O S N N S V n N C tl. b N n m n N N n n a A mrN ro{Oy YL'A a N(bV N�pV Oy� � OI A N O N tl NN�[I�Y M SNt+I �C)^ V lV I� b S N ytl LL LL ry O N O r tl Q mn N m M m n y n w 4 C ubi a N tlm ��pp Ndtltl O' O n m {y{yyy Nb � r f0 d S n O N N 00 CZ N O N LL C �P d p ftffOOOO C N dN n th NnOYNI O N O b N $4 yy L" E 00bb16 tl< N N N B N tlp n N LL Q N d d d lV N O \ A b YI nNNO m00 0N o N! 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SSS SYI.ON m S..ON SSS T m C O E€ N N m W C C C E E E ,� ... m W C L C E E E W N N N m N P OI r 9 C L C E E E N ..rat L CP CP ? r D > E E E N N m m P P CP r a C C E E E W N N N W P P P r 9 C C C> EE E N N N W CP P P r O L C E E Fop .�„P� wui u'i��' W W w www Pri Now www E w wui u�i �E 'Q~im r Comer www W w � wwu`iNW w W www@E 932 E g Bi Bi~�m 5tl.tlE w a ry O rc Bi Sim y Lug o w w o E� pppSfo lilt m� E m& o �Bi 111" ro �'3 o rc Ill-��m E E W m o a �Bi$�2 Ntltl ogtu m C LL �Pia~Em tl.tl.15, E w o �'LL S O m J G m g LL L C C O- C C LL C m- O C O '2 LL C O O N LL C C C 0 0 IL C C C 7 O O c C >.� .0 M �xz C C .MJ > a`aa�na5 C L L .�S > aaaNag C L C .IS > aaaba5 C C C X aaawa5 C C C K aaaNaS aaaba5 aaabag C'� 096 12 ry0 f0 L y � r o Z .� rn `m a a 4 d U m t � m N c 3 co s ¢ m c E y�y .9 T � 1 E � O N W N C1 � 'n �wp J 01 +O' 5 3 E w O O ul O t w 0 0 0 0 0 0 0 V N N o rn m o U C C u9 ui Sri a v v v v i 7 m � a 0 ;?7 13 ceu`d "(,:W Qu&rcu COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Transmittal of Revenue and Expenditure Report for November 30, 2006 and Investment Summary Report for the Quarter Ending December 31, 2006 RECOMMENDATION: Receive and File FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the November 30, 2006 Statement of Revenue and Expenditures and Investment Summary Report for the Quarter Ending December 31, 2006 for the City of La Quinta. Respectfully submitted, , 4M 4a'""L, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditure Report, November 30, 2006 2. Investment Summary Report for the Quarter Ending December 31, 2006 CC P99 ATTACHMENT 1 Cf7V OF LA OUINTA REVENUES -ALL FUNDS 0710112006. 11/30/2006 FUNDS BUDGET RECEIVED % RECEIVED General $33,124,822.00 $7,079,364.42 2140% Library 1,855,100 DO 9.27766 050% Gas Tas Revenue 855,58100 646,781A7 63,90% Federal Assistance 202,600 00 0.00 0.00% Urban Forestry 0.00 0.00 0.00% Sled (Cops) Revenue 102,700.00 285.87 0.30% Local Law Enforcement 000 0.00 0.00% Indian Gaming 185,750.00 179,789.68 9680% Lighting & Landscaping 890,900.00 23,908.40 270% RCTC 0.00 46,831.88 000% Development Funding 0.00 000 0.00% Crime Violent Task Force 165,56000 74,322.49 44.90% AS 939 000 109.137.70 0.00% Quimby 1,939,900.00 1,494,923.35 77.10% Infrastructure 7.50000 3,904.99 52.10% Village Parking 000 0.00 0.00% South Coast Air Quality 62,400.00 12,80038 2440% Cmaq/Istea ODD 0.00 0.00% Transportation 1,390,600.00 677,762.79 4870% Parks & Recreation 446,000.00 218,428.91 49 00% Civic Center 256,000.00 157.486.16 61,50% Library Development 177,50000 86,57600 48.80% Community Center 75,300.00 26,692.33 34.10% Street Facility 54,300.00 25,213,17 46.40% Park Facility 13.600.00 5,935.25 43.60% Fire Protection Facility 74,500.00 31,772.88 42,60% Arts In Public Places 130,10000 51,142A4 3700% Interest Allocation 000 1,008,742.25 000% Capital lmpmvement 122.882,51600 7,802,472.75 630% Equipment Replacement 616,500.00 614,503.55 83.50% Information Technology 411,200.00 382,67028 93.10% Park Equipment & Facility 373.722.00 357,912 19 95.80% SilverRock Goff 3,427,110.00 692,036.13 20.20% SilverRock Goff 67,426.00 260.55 0.40% LQ Public Safety Officer 2,300.00 2,123.61 9230% La Quints Financing Aumonty, 6,617,02200 4,248,98644 6420% RDA Project Area No. 1 53,105,204.00 6,292,374.56 11 80% RDA Project Area No. 2 43,132,743.00 3,525,742.28 8 20% Total 272644456.00 i $36689160.71 1310% ' 100 3 CT' OF U OUINTA E%PENDDURES-ALL FUNDS 07MIMO 6-111302000 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $N, 133,99300 $9,58o79593 $110,06269 $24,493,13438 2110% Ubrery 869,27500 115,00000 000 754,27500 132% Gas Tax 1,440,418 00 526,360 64 000 914,057.36 36.5% Federel Assistance 466,42200 0.00 ON 466.42200 0,0% Urban Forestry 000 0.00 0.00 0.00 00% Sleet (Cops) Revenue 101,40000 35,637.83 0.00 66,76217 35.1% Local Law Enforcement 000 coo 000 000 00% Indian Gaming 201,1420 26,80458 000 174,33742 133% Lighting B Landscaping 890,90000 371.20831 000 519,69169 417% RCTC 1,962,10600 46,83188 0.00 1,915,27412 24% Development Agreement 000 000 000 000 0.0% CV violent Crime Task Force 102,70000 /8,87183 000 83,82817 184% AS 939 88,18400 42,22270 000 45,98130 479% Quimby 116,65000 47,04644 000 6960356 403% Infrastructure 508,83200 33,30797 000 475,624.03 65% Village Parking (1,89300) 000 000 (1,8000) 00% Sou6i Coast Air Quality 28,60c 00 6,086.48 000 21.51352 191% Cmaylstea 000 000 a 000 0.0% Transportation 0,473.15700 649,3%65 000 5,823,80D 35 100% Parks S Recreation 125,226.00 27.52435 000 97.70166 220% Crvm Canter 12,101,75800 285,459.80 0.00 11.816,29820 24% Library Development 000 25,864.56 000 (25,86456) 00% Community Center 000 000 000 0.00 00% Street Facility 75,000 GO 34500 DAO 74,655 DO 0 5% Park Facility Goo 000 000 000 00% Fire Protection 000 11,93113 000 (11,93113) 00% Ads In Public Places 487,05000 67,31043 000 41973957 138% Imerast Nlocation 000 000 000 000 0.0% Capital Improvement 122,882,51E 00 7,802,47275 24.00000 115,056,04326 63% Equipment Replacement 1,223,54500 70,94939 67,043 t5 1,005.55216 58% Information Technology 6Bi,SOD 00 78,34588 0DO 112 116% Park Maintenance Facility 000 000 goo 000 00% SAveril Gott 4,224,72800 1.329,65507 000 2,8%,07293 315% SlverRock Reserve 37.21100 37.21100 000 000 1000% Lq Public Safety Officer 2,00000 000 OOe 2.00000 0.0% La Quints Financing Au'rontA 6617,14000 4,255,99705 Goo 2,361,148.95 643% RDA Pmiect Area No 1 74,40a,49800 16,169,46753 000 50,239.03047 217% RDA Protect Area No 2 82,549,50100 6,843,61693 000 75.705,88407 8.3% Total 2 11 $201,108 14 1 $MIE423ZEL::1 101 N CITY OF LA OUINTA 07/012006. 11/302006 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 1,417,600.00 177,301 09 1,240,298.91 12.510% No Lax Property Tax Distribution 1,733,500.00 193,346.40 1,540,153.60 11,150% Sales Tax 6,484,125.00 2,189,806.14 4,294,319.86 33770% Sales Tax Reimbursement 2,161,375.00 0.00 2,161,375.00 0.000% Document Transfer Tax 1,017.200 00 262,373.18 754,826.82 25 790% Transient Occupancy Tax 4,520,00000 560,169.74 3,959,830.26 12390% Transient Occupancy Tax - Mitigaboi 299,050 00 000 299,050.00 0 000% Franchise Tax 1,063,100.00 235,24408 827 885.92 22.130% TOTAL TAXES 18,696,960 00 3,618,209.63 15,077,740.37 19.350% LICENSE & PERMITS: Business License 252,300.00 120,928.90 131.371.10 47.930% Animal License 17,000.00 7,95700 9,043.00 46.810% Building Permits 558,600.00 353,24728 206,352.72 63240% Plumbing Permits B4,400.00 56.01000 28,390.00 66,360% Mechanical Permits 47,600.00 32,058.70 15,541.30 67 350% Electrical Permils 65,50000 50.167.14 15,332.86 76.590% Garage Sale Permits 10,600.00 6,32000 4,280.00 59620% Misc Permits 9110000 7191385 1818615 78940% TOTAL LICENSES S PERMITS 1,127,100.00 698,602.87 420,497.13 61 980% FEES: Sale of Maps 8 Publications 5.500.00 1,67106 3,828.94 30.380% Community Services Fees 282,300.00 222.700.08 59,599.92 78.890% Finance 2,000.00 0.00 2,000.00 0.000% Bldg & Safety Fees 377,200.00 309,497.16 67,702 84 82.050% Community Development Fees 222,400 00 73,742 50 140,657 50 33,160% Public Warts Fees 35940000 56647335 (208073.35) 158170% TOTAL FEES 1,248,800.00 1,176,084.15 72.71585 94.180% INTERGOVERNMENTAL Motor Vehicle In -Lieu 2,916,90000 110,259.47 2,798.640.53 4.050% Motor Vehicle Code Fines 143,800 00 22,039 22 121,760.78 15 330% Parting Violations 25,70000 24.27400 1,426.00 94450% Muc. Fmes 137,000.00 56,710.93 80,289.07 41 390% A8939 79,430.00 0.00 79,430.00 0 000% Federal Gov! Grants 0.00 0.00 0.00 0.000% County of Riverside Grant 0.00 0.00 0.00 0 000% State of Califomia Grant 8,600.00 14,882.84 (6,282.84) 173.060% Fire Services Credit 4,214,400.00 (16,68808) 4,231,088.08 -0.400% CSA152Assessmant 20240000 000 20240000 0.000% TOTAL INTERGOVERNMENTAL 7,728,23000 219,47838 7,508,751.62 2.540% INTEREST 3,987.30000 1.291,333.70 2.695,96630 32.390% MISCELLANEOUS MiscelWneous Revenue 1,90000 11,84660 (6,74860) 237.730% Asemnt Dist Surplus 0.00 1,52(l16 (1,526A6) 0000% Omer Mitigation Measures 0.00 0.00 0.00 0.000% Litigation set8ement 0.00 0.00 0.00 0.000% Cash Over/(Short) 000 3852 (38.52) 0,000% TOTAL MISCELLANEOUS 4,900.00 13,213.28 (8,313.28) 269.560% TRANSFER IN 332.542.00 62,44241 270,09959 18780% TOTAL GENERAL FUND 33,124,822.00 7,079,36442 26,045,45758 21370% 0 102 :~ GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07101/2006-1113012000 REMAINING EXPENDITURES ENCUMBERED BUDGET BUDGET GENERAL GOVERNMENT: LEGISLATIVE 866.25000 M%Ul 00 0.00 552,60900 CITY MANAGERS OFFICE 1.170,809.00 417,22637 000 753,58263 ECONOMIC DEVELOPMEN 1.652,000.00 W6,38204 000 816,617.96 PERSONNEURISK MGT 1,046,5%00 395,63137 000 650,922.63 TOTAL GENERAL GOVERNMENT 4,735,61300 1,962,58078 000 2,772,73222 CITY CLERK 601,70400 212,50227 000 W9,20173 TOTAL CITY CLERK 601.70400 212,5022 0000 389,201.73 COMMUNITYSERVICES PARKS & RECREATION AD 1,166.20700 389,649.12 000 776,557.88 SENIOR CENTER 391,31100 135,97032 000 255,340.6B PARKS &RECREATION PR 173.97600 80.57186 27100 93,13314 LIBRARY 869.27500 274,63586 000 594,73014 PARK MAINTENANCE 1,211,78500 714,11877 4,2W 00 493,46623 TOTAL COMMUNITY SERVICES 3,812,55400 1,594,M 93 4,4710 22,213,23707 FINANCE: FISCAL SERVICES 880,45200 343.119 ]4 000 537,33226 CENTRAL SERVICES 398.31700 234,7478] 000 163,56913 TOTAL FINANCE 1,278769.00 $77,'67.61 000 ]..SOBS BUILDING & SAFETY: BUILDING & SAFETY -ADM 000 BUILDING 017,262 03600 1,017,03800 525,47405 525.47405 0.00 491,56195 491,58195 CODECOMPLIANCE 912.72100 302,364.04 57,852.08 552,50398 ANIMAL CONTROL 421,86000 137,026.20 000 2B4,823.80 CIVIC CENTER BUILDING{ 1,099,188.00 70], 10577 4777 391,87d 46 TOTAL BUILDING&SAFETY 3832,04N!3 t,81g0345i 57A"`15 1,984,11264 PUBLIC SAFETY: POLICE SERVICES 9,455.117 1,688,164 34 1,24000 7,765,70801 FIRE 4,214.37300 32,56711 000 4,181,80589 EMERGENCY SERVICES 183,73000 31.00806 52999 152,19195 TOTAL PUBLIC SAFETY 1353 ,8220.00 1,751,73. St 1,77464 12 099,705 55 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMEI 1,462,127.00 313,43167 000 1,148,69533 CURRENT PLANNING 88030600 200 Ml 21 000 67974479 TOTAL COMMUNITY DEVELOPMENT 2,342,43300 5t 390 BB 000 1,828."012 (389,171.00) PUBLIC WORKS: PUBLIC WORKS ADMINIST 633,10300 186,82936 515M 00 440,77364 DEVELOPMENT & TRAFFIC 1,109,51200 30,90710 4,17000 708,43490 MAINTIOPERATIONS - SIR 4 2,342,13 00 666,34976 3376184 1,642,68240 MAINTIOPERATIONS - LTG. 1,976,37600 708,72600 1.16000 1,266,49000 MAINTIOPERATIONS -TRA 375.10200 55.25023 0,00 319.85177 CONSTRUCTION MANAGE[ 04,28200 404,45439 1,32536 578,50225 TOTAL PUBLIC WORKS 7,421,06900 2,413516.84 45,91720 4,567,46396 TRANSFERS OUT 1,503,45900 108,eB585 0.00 1,394,473.15 GENERAL FUND REIMBURSEMENTS (5,196,875,M) (1,370.570 25) 000 (3828W475) NET GENERAL FUND EXPENDITURES 34,iB399300 9,580,79593 110,06269 24,493,13438 OC 103 r CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107 5 Traffic Congestion Relief Interest TOTAL GAS TAX 1,814,300.00 000 1,814,300.00 0,000% 0.00 0.00 000 0000% 4080000 9,277.66 31,522.34 22.740% 1,955,10000 9,277.66 1,845,822.34 0.500% 224,400.00 99,104.85 125,29516 44.160% 168.100.00 69.147.08 08,952.92 43740% 299.100.00 134,602.34 164,497.66 45000% 6.20000 6,000.00 200.00 96.770% 159.08100 233,680.74 (73,799,74) 146.160% 7,90000 4,24646 3,65354 53760% 855,681.00 646,781.47 300,799.53 63.910% FEDERAL ASSISTANCE REVENUE: CDBG Grant 202,600.00 0.00 202.600.00 0.000% Interest 000 000 000 0000% TOTAL FEDERAL ASSISTANCE 202,600.00 0.00 202,600.00 0.000% URBAN FORESTRY Grant Revenue 0.00 0.00 0.00 0,000% Interest 0.00 0.00 0.00 0.000% TOTAL URBAN FORESTRY 0.00 0.00 0.00 0,000% SLESF(COPS)REVENUE: SLESF(Cops) Funding 100.00000 000 100,000.00 0.000% Interest 2700.00 285.87 2,414.13 10.590% TOTAL SLESF (COPS) 102,700.00 286.87 102.414 13 0 280% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 0.00 000 0.00 0.000% Interest 0.00 0.00 0.00 0000% Transfer in 0.00 0.00 0.00 0000% TOTAL LLEBG 000 000 0.00 0000% INDIAN GAMING Grant revenue 177,250.00 177.25000 0.00 100.000% Interest 8,500.00 2,539.68 5,960.32 29.880% TOTAL INDIAN GAMING 185,750.00 179.789.68 5,960.32 96.790% LIGHTING S LANDSCAPING REVENUE: Assessment 890,900.00 23,906.40 866,993.60 2.680% Developer 000 0.00 000 0.000% Interest 0.00 000 000 0000% TOTAL LIGHTING S LANDSCAPIN 090,90000 23,906.40 866,993.60 2680% RCTC RCTC Funding Transfer in TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitiga60n Measures Interest Transfer In TOTAL DEV AGREEMENT 0.00 46,83188 (46,831.88) 0.000% 0.00 000 000 0.000% 000 00 0.00 0.00 0.00 0.000% 000 000 0.00 0.000% 000 0.00 0.00 D.000% 000 0.00 000 0.000% CRIME VIOLENT TASK FORCE Member Contributions - Canyover 70,00000 70,79576 (795.76) 101.140% Grant revenue -JAIB 87,96000 000 87,960.00 0000% CLET Line 6,000.00 3.191.07 2,80893 53.180% Interest 160000 33566 126434 20.980% TOTAL CRIME VIOLENT TASK FO 165,560.00 74,322.49 91,237.51 ".090% AS 939 REVENUE: AB 939 Fees Interest TOTAL QUIMBY QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE:' Utility refund Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING 0.00 000 99,206.23 993247 (99,205.23) 932.47 (9(109,137 0.000% 0.000% 0.00 109.135 7 70) 0.0 1,667,00000 2900 00 1,426.002.98 68.920.37 240,997.02 203,979 63 85.540% 25.2N% 1,72939, 00.(K ,92335 444.976.65 77.69K 000 7,50000 0.00 0,00 3,904.99 0.00 0.00 3,69601 0.00 0.000% 62070% 0.000% 7,50000 3,904.99 3,59501 52.070% 0.00 0.00 0.00 0000% 0.00 0.00 0.00 0.000% i, " 104 CITY OF LA QUINTA REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S C A Q. Contribution 45,000 00 11,303.28 33,696.72 25 120% MSRC Funding 0.00 000 000 0.000% Street Sweeping Grant 0.00 000 000 0.000% Interest 7,40000 1497.10 590290 20230% TOTAL SCAQ 52,400.00 12.800.38 39.69962 24.430% CMAO/ISTEA CMAQ/ISTFA Grant 0.00 0.00 000 0.000% Interest 0.00 0.00 000 0.000% TOTAL CMAQ/ISTEA 000 0.00 0.00 0.000% TRANSPORTATION Developer fees 1.096,20000 621,310.75 474,889.25 56.680% Interest 294,400 00 56,452.04 237,947.96 19.180% Transfer in 0.00 000 0.00 0.000% TOTAL TRANSPORTATION 1,390,60000 677,76279 712,837.21 48.740% PARKS S RECREATION Developer fees 446,000.00 218,09200 227,908.00 48.900% Interest 0.00 336.91 (336.91) 0.000% Transfer in 0.00 000 0.00 0.000% TOTAL PARKS & RECREATION 446,000.00 218,428 91 227,571.09 48.980% CIVIC CENTER Developerfees 256,00000 138,905.93 117.09407 54260% Interest 0.00 18,58023 (18,58023) 0000% Transferin 0.00 0.00 0.00 0000% TOTAL CIVIC CENTER 256,000.00 157,48616 98.61384 61520% LIBRARY DEVELOPMENT Developer fees 177,50000 86,676.00 90,924.00 48.780% Interest 000 0.00 0.00 0.000% Transfer in 0.00 0.00 000 0.000% TOTAL LIBRARY DEVELOPMENT 177,50000 86,576.00 90,924.00 48.780% COMMUNITY CENTER Developer fees 37,000.00 17.688.00 19,312.00 47.810% Interest 38,30000 8,00433 30,29567 20900% TOTAL COMMUNITY CENTER 75,300.00 25,69233 49,60767 34.120% STREET FACILITY Developer fees 44,100.00 22,82378 21,276.22 51.750% Interest 10200.00 2389A9 7,810.31 23.430% TOTAL STREET FACILITY 54,300.00 25.21347 29,086.53 46.430% PARK FACILITY Developer fees 11,000.00 5,368.00 5,63200 48.800% Interest 2600.00 66725 2,032.75 21.820% TOTAL PARK FACILITY 13,600.00 5,935.25 7,66475 43.640% FIRE PROTECTION FACILITY Developer fees 74,500.00 31.772.88 42,727.12 42.650% Interest 0.00 0.00 0.00 0.000% TOTAL FIRE PROTECTION FACILI 74,500.00 31.772.88 42.727.12 42650% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500 00 42,645.46 54,854.54 43.740% Arts In Public Places Credits Applied 000 0.00 000 oA00% Interest 4060000 849668 32103.32 20930% TOTAL ARTS IN PUBLIC PLACES 138,100.00 51,142.14 86.957 86 37,030% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 000 1,008.74225 (1,008,74225) 0.000% Transfer In 000 0.00 000 0.000% TOTAL INTEREST ALLOCATION 0.00 1,008.742.25 (1,008,74225) 0.000% G r 105 91 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD Countyof Riverside Surface Transportation Funding City of Indio DSUSD SB300 Funding RCTC SB821-B cycle Path Grant State of California APP Contribution Developer Agreement Funding Litlgallon Settlements Transfers in From Omer Funds TOTAL CIP REVENUE 15,851,49200 1,209,346.90 14.642,14510 7.630% 848.47900 0.00 848.479.00 0.000% 0.00 000 000 0000% 1.674,43000 0.00 1,674.43000 0000% 3,037,84300 79,390.00 2,958,453.00 2,610% 82,656.00 79,390.00 3,266.00 96.050% 000 000 000 0.000% 0.00 0.00 0.00 0.000% 25,099.00 0.00 25,099.00 0000% 25,598.00 203,06700 (177,469.00) 793.290% 0.00 0.00 0.00 0000% 566.215 00 757.16 565,467.84 0.130% 0.00 0.00 0.00 0.000% 100,770,704.00 6,230,52169 94,640,182 31 6.180% 122,882,516.00 7,802,472.75 115,080,043.25 9.06 EQUIPMENT REPLACEMENT FUND: Equipment Charges 487,00000 486,999.00 1.00 100000% Capital Contribution 000 0.00 000 0000% Sale of Fazed Asset 000 0.00 0.00 0.000% Insurance Recoveries 000 0.00 000 Interest 129,60000 27,504.55 101,996.45 21.240% Transfers in 000 0.00 000 0.000% TOTAL EQUIPMENT REPLACEME 616,50000 614,60355 101.996445 83.460% INFORMATION TECHNOLOGY FUND: Charges for services 373,50000 373,500.00 000 100,000% Capital Contribution 000 0.00 0.00 0,000% Sale of Fixed Asset 000 0.00 0.00 0.000% Interest 37.70000 9,17028 28,529.72 24320% Transfers In 000 0.00 000 0.000% TOTAL INFORMATION TECHNOL( 411,20000 382,67028 28,529.72 93060% PARK EQUIPMENT & FACILITY Charges for services 360.722.00 350.72200 0.00 100.000% Interest 23,000.00 7,19019 15,809.81 31.260% Capital Contributions 000 000 000 0.000% TOTAL PARK EQUIPMENT S FAC 373,722 00 357,912.19 15,809.81 95.770% SILVERROCK GOLF Green fees 2,985,870 00 558,379 62 2,427,490 38 18.700% Range fees 62,18100 12,520.00 49,66100 20130% Resident Card 30,60000 14,790.00 15,810.00 48330% Merchandise 311,248.00 69,13551 242,112.49 22.210% Food 8 Beverage 000 000 000 0,000% Allocated Interest Income 0.00 0.00 0.00 0.000% Transfers In 37,211.00 37211.00 0.00 100.000% TOTAL SILVERROCK GOLF 3,427,11000 692.036.13 2.736,07387 20.190% SILVERROCK GOLF RESERVE Interest 0.00 260.55 (260.66) 0.000% Transfers In 67,426.00 0.00 67,42600 0.000% TOTAL SILVERROCK GOLF 67,426.00 28055 87,165.45 0.390% LO PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000% Interest 30000 123.61 176.49 41.170% TOTAL LQ PUBLIC SAFETY 2,300.00 2.123.51 17649 92.330% C_ 106 CITY OF LA QUINTA 07/0112006.1 V3072006 OTHER CT' FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 000 0.00 000 0.00 REIMBURSE GENERAL FUND 069,275.00 116,00000 000 754,27500 TRANSFER OUT 000 0.00 000 TOTAL LIBRARY FUND 869,275 00 Ilb,00000 000 75476W-- GAS TAX REIMBURSE GENERAL FUND 855,58100 356,49213 000 499,08887 TRANSFER OUT 5B4,83700 188,88851 000 414,96649 TOTAL GAS TAX FUND ,48 0 FEDERAL ASSISTANCE FUND: TRANSFER OUT IERAL ASSISTANCE FUND 466,422 OD 0.00 000 466.42200 URBAN FORESTRY GRANT TRANSFER OUT IRBAN FORESTRY GRANT 000 000 (.00 0DO SLESF(COPS) TRANSFER OUT )TAL SLESF(COPS) FUND 101,40000 35,63783 0DO 65.76217 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 000 0DO 000 000 INDIAN GAMING FUND TRANSFEROUT 201,14200 26.80468 0.00 174,33742 TOTAL LIBRARY FUND14.M7 AFT LIGHTING S LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 890,90000 371,208.31 000 519,69169 TRANSFER OUT 000 000 000 000 TOTAL LTGILANDSCAPING FUND 890.900 00 ROTC TRANSFER OUT 1,962,10600 48,83188 000 1,916,27412 TOTAL ROTC x9:831 Be 000 DEVELOPMENT AGREEMENT FUND CONSTRUCTION 000 000 000 000 REIMBURSE GENERAL FUND 000 000 000 000 TRANSFEROUT 000 000 000 000 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 102,70000 18.87183 000 83,82817 TRANSFER OUT 000 000 000 000 TOTAL CRIME VIOLENT TASK FORCE 0 18,87183 ON a 3, us-1 AS 939 OPERATING EXPENSES 79,430.00 42.22270 000 37,207.30 TRANSFER OUT 8,75400 000 000 8,76400 TOTAL AS 939 0 000 45,96TW— QUIMBY FUND: TRANSFER OUT 118.85000 47,04644 000 69.60356 INFRASTRUCTURE FUND CONSTRUCTION 52,10000 52,10000 000 000 REIMBURSE GENERAL FUND 000 000 0.00 000 TRANSFEROUT 45873200 (18722031 000 475.62403 TOTAL INFRASTRUCTURE 506.U5 —3530�$i 00 41 03 VILLAGE PARKING TRANSFER OUT . VILLAGE PARKING FUND (189300) 000 000 (1,89300) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,60000 5,086A8 000 21,51352 TRANSFER OUT 000 0.00 000 000 TOTAL SOUTH COAST AIR QUALITY 52 CMAQBSTEA TRANSFER OUT TOTAL CMAQIISTEA FUND 000 000 000 000 TRANSPORTATION 000 000 0.00 000 PROGRAM COSTS 000 000 000 000 CONTRIBUTION TRANSFEROUT 6.473,15700 649,35665 000 5,823,80035 TOTAL TRANSPORTATION 3 9, PARKS B RECREATION 000 27,52435 000 (27,524.35) INTEREST ON ADVANCE 125,22600 000 000 1259WOO TRANSFEROUT TOTAL PARKS S RECREATION 125.226.00 2 . 24 0 9 , CIVIC CENTER 000 000 000 000 PROGRAM COSTS REIMBURSE GENERAL FUND 203.66000 84,858.31 000 118,80169 TRANSFER OUT 11,898.09800 200,60149 000 11,897,49fi 51 TOTAL CIVIC CENTER .0, 00 1S LIBRARY DEVELOPMENT 000 000 000 000 PROGRAM COSTS INTEREST ON ADVANCE 000 25.86456 000 (25,864.56) TRANSFER OUT 000 000 000 000 TOTAL LIBRARY DEVELOPMENT --- -- 0 Or' 107 10 CITY OF LA QUINTA OTN1R000. 11IM12000 REMAINING OTHER CITY FUNDS EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITYCENTER 000 0.00 0.00 000 PROGRAM COSTS 000 0.00 000 TRANSFEROUT 000 TOTAL COMMUNITY CENTER STREET FACILITY 000 0.00 000 000 PROGRAM COSTS TRANSFER OUT 76,00000 34500 000 ]4,656.00 TOTAL STREET FACILITY 65 PARK FACILITY 000 000 000 000 PROGRAM COSTS 000 000 000 000 TRANSFEROUT TOTAL PARK FACILITY FIRE PROTECTION 000 11.93113 000 (11.93113) INTEREST ON ADVANCE 000 000 000 0.00 TRANSFEROUT 1 93113) TOTAL FIRE PROTECTION DIF - - ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,00000 11,897N 000 16,10300 OPERATING EXPENSES-APP 1,80000 255,25000 000 55.413.43 000 0OD 1,80000 199,63657 ART PURCHASES TRANSFER OUT 200,00000 000 000 200.00000 TOTAL ART IN PUBLIC PLACES 4 9. livol CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 121,503,25]00 ].]]5.3]B 25 24,000.00 75 11.362.162 PROJECT REIMBURSEMENTS TO GEN FUND 1,379,25900 27,096.50 000 SO 1,350.16250 TRANSFER OUT 000 000 0.00 TOTAL CAPITAL IMPROVEMENT 2 0 ,0 EQUIPMENT REPLACEMENT FUND 566,54500 70,94939 67,04345 428,55216 OPERATING EXPENSES 657,00000 000 000 557,000.00 TRANSFER OUT fi, TOTAL EQUIPMENT REPLACEMENT FUND 3, .4 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 681,80000 78,34588 000 603,45412 TOTAL INFORMATION TECHNOLOGY FUND 81, PARK MAINTENANCE FACILITY 000 000 0.00 0.00 OPERATING EXPENSES ON 000 000 000 TRANSFER OUT TOTAL PARK MAINTENANCE FAC SILVERROCKGOLF OPERATING EXPENSES 4,157,30200 1,329,65507 000 2,82],64693 TRANSFEROUT 67,42600 000 000 67.42600 TOTAL SILVERROCK GOLF 29 SILVERROCK GOLF RESERVE 37,21100 3],21100 000 000 TRANSFER OUT 0 0 DO TOTAL SILVERROCK GOLF RESERVE 0 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS LQUINTA PUBLIC SAFETY 2,00000 000 000 2,00000 cc 108 11 ATTAGNMEN I Z c anvil C Lt U M MOM O(ON M40 0n0 O)(O O 0 V p O MNNNM00nNN 0 (00M�n00NODO 9 fO M O)�7NN W nnn^N�f1 •�h nOCDNtO� j7i.� fV �Oi f�a Oi Oln m MI�NOOi to t")O 01e� OMOtO(7in MaDO n CD 01 (O OJ 000 O W O! 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FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-4001-415.51.01. This conference was budgeted in the 2006/2007 Fiscal Year Budget at $1,200. The breakdown of expenditures anticipated for this conference is as follows: • Conference Enrollment - Early Registration $ 355.00 • Travel 75.00 Lodging/Meals 770.00 Total S 1.200.00 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The three-day 2007 Government Finance Officers Association (GFOA) Annual Conference focuses on financial issues affecting local governments. Seminar information is included in Attachment 1. 110 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Finance Director to attend the three-day 2007 Government Finance Officers Association (GFOA) Annual Conference in Anaheim, CA June 10 - 13, 2007; or 2. Do not approve authorization for overnight travel for the Finance Director to attend the three-day Government Finance Officers Association (GFOA) Annual Conference in Anaheim, CA June 10 - 13, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Material 111 2 14 1 1 M%Orllvlv-lA I I Government Finance Officers Association C AU FORM UA June 10 — 13, 2007 Spotlight On Financial GA- Government Finance Officers Association _ .t . { 4 i x _ m financial Performance 4 101 st Annual Anaheim, Califowaha Where the Pubik inance Profession Meets, Learns, er Networ k-s E Catch up on recent changes E Stay current with breaking developments M Get ahead preparing for tomorrow's challenges Z-9 FA 314 V� Government Finance Officers Association Preconference seminars are additional educational opportunities of- fered on Friday and Saturday before the Annual Conference. The seminars are an excellent way for participants to maximize thei r ed- ucational experiences and achieve CPE credit. These in-depth sem- inars (lasting either one half -day or a full day) cover specialized topics on current issues affecting today's finance professional. The Changing World of Ethics Requirements: What You Need to Know Ethical behavior in the public sector has always been held to a high standard. Finance officers find themselves under even more scrutiny since the accounting and financial scandals in the private sector that brought about Sarbanes-Oxley legislation and SAS 99 How can you make sure that you and your employees exhibit responsible stewardship and avoid any hint of ethical scandal? This session will explore the current ethical environment and discuss appropriate responses to common dilemmas faced by pub- lic -sector employees. 0 4 CPE credits Half -day Seminar,, Friday, June 8, 1:00 pm — 5.,00 pm The Next Step in Disaster Recovery Planning: A Finance officer's Chectslist for Business Continuity in a Catastrophe Life must go on in the face of disaster. To do that, critical responsi- bilities face state and local governments for the public health and safety in the event of natural disasters, terrorist attacks, and techno- logical failures. It is hard to conceive of all the "what ifs," but it is imperative that continuity plans be put in place now to avoid con- fusion and catastrophic failures in the future. This session will ex- plore processes you need to create that will allow your government to operate effectively in a disaster. It will look at not only how to get through the immediate emergency but also how to plan for the fi- nancial management ramifications following disaster. G 4 CPE credits Half -day Seminar w Friday, June 8, 1:00 pm - 5:00 pm Getting Your Message Out: Working with the Media to Tell Your Government's Story Media and government have a common goal — performing a service for the community. As an official you want to perform services that will benefit the citizens. The media want to report on your activities so the citizens will know how well — or how badly — you are serving their interests. By understanding the needs of various media and es- tablishing a cooperative working relationship with reporters, you can avoid what often becomes an adversarial relationship. In this ses- sion, media pros and finance practitioners will offer insights on how to effectively communicate with reporters and editors and how to use the media to communicate to the public most effectively. 194 CPS credits Half -day Seminar , Friday, June 8, I.00 pm — 3r00 pm *A separate registration fee is required. Putting it All Together: practical Approaches for integrating Strategic Planning, Budgeting, Performance Measurement and Management The basics of successful performance budgeting and management include establishing broad goals to guide government decision making, planning approaches to achieve those goals, developing a budget to meet those goals, and evaluating performance. This session will look at practical methods and techniques to approach each step and transform your government into a performance -based organiza- tion that truly provides its citizens with what they want and need. ® 8 CPE credits Full -day Seminar ^ Saturday, June 9, 9:00 am — 5.•00 pm Generational Changes in the Workforce: From Boomers to Gen X, Y, and Z Baby boomers are striving to make their mark on their careers before they retire, Generation Xers want balance and freedom in their work life, Generation Ys are looking for work that has meaning for them, Generation Z is still too young to work but has grown up with tech- nology like none of the generations before it. How will the character of the workforce change as the various generations mesh and try to work together? How will baby boomers pass on their institutional knowledge to the next generation of leaders? How do you recruit and retain a younger workforce? This session will explore the challenges of the government workforce in the years ahead. 0 4 CPS credits Half -day Seminar - Saturday, June 9, 1:00 pm — 5.:00 pm Making It Easy for Your Citizens to Get in Touch: The Benefits and the Costs of CRM Systems Constituent relationship management and the systems that support the concept are popping up everywhere in the public sector today. Citizens expect their government to be responsive to their needs in an efficient and timely manner. With the evolution of technol- ogy, governments can implement CRM systems that streamline their business processes and allow citizens to communicate directly with their government. Learn about successes and pitfalls from gov- ernment managers who have put these new technologies into practice. 13 4 CPS credits Half -day Seminar s ,Saturday, June 9, 1:00 pm — 5:00 pm GFOA is registered with the National Association of State Boards of Accountancy (NASBA) m a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the: National Registry of CPE Sponsors • 150 Fourth Avenue North, Suite 700 qNashville, TN 37219-2417 s'r25oa weeru•.nasba.org ® 4 Spotlight on Financial Performance Its 6 101 st Annual C CON FERENCE'OVERVIE Program The annual conference includes general sessions on Monday and Tuesday mornings that feature recognized leaders in the government finance profession and offers more than 60 concurrent sessions and discussion groups that address current issues in government finance. Concurrent Sessions Create your own curriculum from among concurrent sessions in seven tracks offered over three days. Sessions cover the following areas: aQ Accounting, Auditing, and Financial Reporting * Budgeting and Financial Planning * Cash Maruigement and Investing 2e Debt Management dq Management and Policy 9 Pensions and Benefits 9,, Technology and Digital Government Discussion Groups On Tuesday, June 12 from 3:50 pm to 4:50 pm, you will have an opportunity to exchange ideas with colleagues about day-ro-day challenges. CPS Credits It is possible to earn up to 20 CPE credits at GFOA's annual confer- ence. Additional CPE credits can be earned by attending one or more of GFOA's preconference seminars. Certification Examinations GFOA's Certified Public Finance Officer (CPFO) program continues with the administration of all five examinations on Friday, June 8. Technical and administrative support for the program is provided by Radford University's Governmental and Nonprofit Assistance Cen- ter. For an application packet, please go to the certification sec- tion on GFOA's Web site at a tvtvgfoa.org or call Radford University at 540-831-6734. Exhibit Nall See the latest innovations from exhibitors offering management- and finance -related products and services to local, state, and provincial governments GFOA's exhibit hall is open Sunday through Tuesday. See tvtvivgfoa.org for a list of current exhibitors. GFOA YieldAdvantageTM Demonstration Stop by the YieldAdvantageTNt booth in the exhibit hall to learn how this Web -based platform can streamline your investment process, increase competition and enhance yields, as well as promote trans- parency. View your own GFOA YeldAdvantageTM demonstration. User Meeting We invite current GFOA YielclAdvantagen users to come by and meet with GFOA YieldAdvantageTM representatives. Share your ex- periences using this innovative ttwl. Interested nonusers are invited to join us and learn of the benefits of this platform firsthand. June 10 —13, 2007 Meet Your State/Provincial Colleagues Opening Gathering and Reception Sunday, June 10, 2007 • 5:00 pm — 6s30 pm Complimentary to all conference participants and guests Take advantage of the perfect way to find out right from the start "who's at conference this year?" Delegates and guests will gather at the Anaheim Convention Center's Exhibit Hall to meet others from their state or province and make plans for the busy days to come! This informal reception will feature beverages and light hors d'oeuvres, and will finish early enough to allow maximum flexibility for dinner plans or an evening visit to a Disney theme park. See you there! Taste of California Conference Finale Celebration Buffet dinner and lore entertainment Tuesday. June 12, 2007 • 7:00 pm — 10:00 pia Ticketed event, open to all conference participants and guests $30 per person for adults • $15 per child (3-16 years of age) How to top off the perfect stay in sunny Southern California? By planning now to attend a truly memorable evening of abundant food and top-quality, live entertainment at GFOA's Taste of California Conference Finale Celebration! This unique event will be held at the beautifully renovated arena plaza, in easy walking distance from all of the conference hotels (no buses!). After a buffet dinner, step inside the Anaheim Arena to experience our headline entertainment. We're not ready to give everything away just yet, so be sure to watch our Web page for an announcement with details on the entertainment at this not -to -be -missed event. V� Government Finance Officers Association Accounting, Auditing, and Financial Reporting Accounting and auditing concurrent sessions and discussion groups at this year's annual conference will focus on recent devel- opments that should have a direct impact on accountants and au- ditors serving state and local governments. Specific topics will include final and pending guidance from the Governmental Ac- counting Standards Board (GASB) on a variety of topics (fund balance, derivatives, intangible assets, Medicare Part D, pollution remediation obligations, sales and pledges of receivables and fii- ture revenues). Recent GASB implementation guidance and com- mon reporting deficiencies also will be addressed. Other sessions will focus on matters of ongoing concern to accounting practi- tioners (e.g., internal control, fraud prevention, best practices, capital assets, costing). Likewise, the latest developments in pub- lic -sector auditing will be examined (e.g., the newest edition of the "Yellow Book" and the "risk suite' auditing standards). Budgeting and Financial Planning Budgeting and financial planning sessions this year will fonts on the ongoing organizational, political, operational, and strategic challenges financial professionals face throughout the budget cycle. Sessions will explore the various tools available to increase efficiencies in the budget process with specific attention paid to budget technology. Practitioners and applied research experts will discuss long-term financial planning and the ongoing challenges with and potential approaches to generating own -source financ- ing. Sessions will also help participants relate performance meas- urement to strategic budgeting. All conference sessions, meetings, luncheons, and exhibits will be at the: Anaheim Convention Center 800 West Katella Avenue Anaheim, CA 92802 All preconference sessions will he held at the: Anaheim Marriott 700 West Convention Way Anaheim, CA 92802 Friday, June 8 09:00 am — 12:00 pm Certification Exanu Gash Management and Investing Cash management and investing session topics for this year's annual con- ference will center on technology advances in the area of treasury manage- ment. On the investment side, topics will range from the theoretical — ways to manage and measure portfolios — to practical advice for the public investor in today's environment — a perennial favorite. Specific topics to be covered will include e-solutions for back office operations and solutions for service to constituents. Industry experts will give an overview of total electronic treasury systems and will focus on the next phase of e-govern- ment. Sessions will explore the two diametrically opposed methods of managing and measuring public portfolios — total return versus effective yield — as well as offer an overview of the various types of passive port- folio management. An expert economist panel will discuss the short- term and long-term economic forecasts. Debt Management At this year's conference the debt management sessions will spotlight issues of interest to small, mid -sized, and large state and local govern- ments, and address some of the marquee topics in the marketplace today. Using traditional and nontraditional methods to finance infrastructure and infrastructure improvements will be a key theme woven through the debt management sessions. Topics will include: deciding whether to use the competitive or negotiated method of sale for specific types of debt issuance; understanding cooperative borrowing; determining when is it appropriate to borrow money; the use of debt capacity studies; select- ing and compensating bond professionals; alternative financing strategies; when and who should issue derivatives; the fundamentals of nontradi- tional types of debt —tax credit bonds, auction rate securities, and variable rate debt; understanding bond pricing; and post -sale compliance and management of bond proceeds. (subject to change) O 1:00 pm — 5:00 pm Precmrference Seminar The Changing World of Ethics Requirements: What You Need to Know El1:00For —5:OOpin Preconference Seminar The Next Step in Disaster Recovery Planning: A Finance Officer's Checklist for Business Continuity in a Catastrophe iB 1:00 pm — 5:00 pm Preconference Smunar Getting Your Message Out: Working with the Media to Tell Your Government's Story 01:30 pm — 5:00 pro Certification Exams Saturday, June 9 N 9:00 am-5:00 pm Preconference Semiwr Putting it All Together: Practical Approaches for Integrating Strategic Planning, Budgeting, Performance Measurement and Management ■ 9:00 am — 5:00 pm Standing Committee Meeting, GFOA committee meetings are open to all GFOA members. ■10:00ant —4:30pm Regisiratron Open ill 1:OOPro —5:OOPin Preconference Seminar Generational Changes in the Workforce: From Boomers to Gen X, Y, and Z ill 1:00 pro-5:00 pm Preconference Semiwr Making It Easy for Your Citizens to Get in Touch: The Benefits and the Costs of CRM Systems 11'7 ® __Spotlight on Financial Performance 8 Government Finance Officers Association k L R F (D R M H A June 10 — 13, 2007 Take a Breag & ExPlor' A Anaheim I AMD Oran ve 118 V� Government Finance Officers Association Be a part of history and explore b e I I i ith the GFOA! Located in the heart of Southern California between Los Angeles and San Diego, Orange County spans 798 square miles and includes 42 miles of scenic coastline and 34 cities, each with distinctive personalities. The region's warm sunshine, swaying palm trees, and friendly atmosphere create a relaxed lifestyle where shorts, sandals, and sunglasses are always in season. Nn E9.' 1m � �� IIII � N II as the CRY brates C ' -;„r s � ts .° The name Anaheim ("Ana" for its location along the Santa Ana River and "heim," the German word for home) reflects the city's rich history as German farmers and vintners settled the city in 1857. Inhabitants began to grow citrus trees when a plague in the 1870s destroyed the vineyards. Consequently, Anaheim is famous today for its oranges. Currently, Anaheim has more than 340,000 residents and is the loth largest city in California. Anaheim is proud to be the home to some of the most successful organizations in the world, including Disneyland, the Boeing Company, and the California Angels baseball team. helpfulHere's a link to get you started: 1 f11 st Annual Ci To make the most out of your Anaheim experience, the Anaheim local conference committee, working with The Meeting Manager, a California destination management company, has arranged a variety of special tours to highlight the diversity of what California has to offer. Visit wtvmgfoa. orgfor a complete list of tours, including pricing and ordering information. For the adventurer: © Dolphin Safari o Hiking in Crystal Cove a Sportfishing on the Pacific For the historiano a California Riviera n Historical Laguna Beach & Mission San Juan Capistrano 4 Nixon Library * Old Towne Orange For the unique experience: a San Diego Zoo Seaworld San Diego Southern California Wine Tasting Take advantage of these special evening activities on Saturday, June 9 and Monday, June i i that include: • Cabaret on the Queen Mary n Newport Harbor Dinner Cruise • Tickets & transportation to Los Angeles to see the Broadway musical, Wicked, including a backstage tour of the theater • Tickets to the Elvis -inspired Broadway musical, All Shook Up The GFOA will continue its Sunday tradition of offering a morning golf tournament and 5k run/walk. The golf tournament will take place at the Anaheim Hills Golf Course. This beautifully maintained course is a popular destination for tournaments and remains one of Southern California's best golf venues. The fun run/walk will pass through the Anaheim Resort Area. Whether your preference is for your clubs or for your running shoes, these events continue to be a popular annual conference experience. To sign-up, visit the tour/event link at wwu�.gfoa.org. 101 st Annual Con June 10 — 13, 2007 Check out Anaheim on your own! Visit any of these following attractions and receive a special discount for taking part in the GFONs Annual Conference. Disneylan&` Pare Experience "The Happiest Place on Earth" — an enchanted kingdom of fantasy and imagination, classic family -friendly attractions, and magical entertainment, dining and shopping. Disneyland" Resort Convention Theme Ferns `T Ockets Orange County is known throughout the world as the home of the original Disney theme park, Disneyland°, built by Walt Disney in 1955. Come to a place where elephants fly, heroes triumph, and the glass slipper always fits. Experience the magic of two enchanting theme parks — Disneyland o Park and Disney's California Adventure Park — only at the Disneyland Resort in California. Fill your days and nights with the wonder and excitement of two distinct Southern California theme parks. Disney's California Adventurel Park From the bright lights of Hollywood to the classic piers that dot the California coast, celebrate the treasures of the Golden State with thrilling attractions, spectacular entertainment, and unique experiences. The GFOA has arranged for special advance discounts on one -day, multiple - day hopper passes, or special twilight tickets. Tickets must be purchased online by May 28, 2007, using the following link: httpr/l wu)u2. con t,en tionguest, coral GFOA Knott's Berry Farm Theme Park What was once a berry farm is now 160 acres of world -class rides, unique family shows, and one -of -a -kind attractions. Knott's Berry Farm is America's first theme park and the 12th most -visited amusement park in the country, home to the beloved Peanuts gang at Camp Snoopy. Discounted tickets will be available for purchase in early 2007. Please visit the GFOA Web page for updated information, and be sure to check out all that Knott's Berry Farm has to offer at uwww.knotts.coni. Come early or stay late and enjoy a few days filled with fun! Experience AnaheimlOrange County and discover why, "It's SSA ahl'ornia !�� 121 12 101 st Annual C Management and Policy Management and policy sessions at this years conference will offer a broader, interdisciplinary view of the finance function. From financial policy development to intergovernmental net- working to using performance data for strategic decision mak- ing, these sessions are designed to tie it all together. With shifting demographics leading to new challenges in managing a diverse workforce, effective leadership has perhaps never been more important. Management sessions will also focus strategies for recruiting and retaining a high -quality workforce during an era of changing expectations from both internal and external stakeholders. Pension and Benefits Pension and benefits concurrent sessions and discussion groups at this year's annual conference will focus on pension, retirement, and healthcare issues important to pension and general finance professionals alike. OPEB will take a leading role, with sessions addressing strategies for funding OPEB liabilities and tackling legal and legislative challenges that may arise. In the healthcare area, sessions will focus on specific health cost containment strate- gies, including successful local government case studies. Also fea- tured will be the newsworthy topic of strategies to ensure retirement security for public employees. Sessions on other timely topics will include securities litigation, changing workforce de- mographics, data security, and the use of hedge funds by the pub- lic sector. Sunday, June 10 0 9:30 am - 4:00 pm Exbibitr Open El 10:00 am - 4:00 pm Registration Open 010:00 am - Nunn Technology Resource Group Meeting Cl 12:30 pm - 1:30 pm Womeris Public Finance Network Meeting: Open to all conference attendees 131:30 pm - 2:30 pm Concurrent Sessions E3 2:45 pm - 3:45 pm Concurrent Sessions Ip 4:00 pm - 5:00 pm Black Caucus Meeting: Open to all Conference attendee ®5:00pm-6:30pm Meet Your State/Provincial Colleague Opening Gathering and Reception Monday, June 11 ill8:00 am - 4:30 pm Registration Open 0 8:30 am - 10:15 am General Session ■ 9:30 am - 4:30 pm Exhibit; Open 0 10:30 am - 12:10 Pm Concurrent Sessions 8 12: 10 Pun -1:10 pm Lunch With Your Colleagues: Delegates only ■ 1:25 pm - 3:05 pm Concurrent Sessions ® 3:20 pm - 5:00 pm Concurrent Sessions June 10 —13, 2007 Technology and Digital Government Technology has not stopped evolving and this years program will help practitioners stay abreast of the latest trends and, lust as importantly, get the most out of existing investments in technology. Finance system tech- nology continues to be of central importance to organizational perform- ance, technology for budgeting continues to be a pressing need of the finance department, and use of technology for improving citizen relation- ships is a leading trend. GFOA's 2007 conference will update participants on the latest developments in these areas. However, technology is of little use if not implemented properly. Therefore, sessions will also feature a number of sessions designed to help users get the most out of technology investments, including sessions on implementation strategies, planning for technology investments, and optimizing use of existing technologies. Tuesday, June 12 m8:00win -4:30Pont Registration Open 09:00 am - 3:30 pm . Exhibin Open 139:00 am-10.0D an General Session El 10: 15 am - 11:55 W . Concurrent Serttonr ®12:10pm-4k ®- Annual Bnriney'f and Lancbanr . p1:55pm-3:35 O—)AZ D3:50pm-+' Drtcussion Crompt M 7:00 pm+-10 Tatra of Califor# "! r Wednesday, June 13 8:30 am - Noon ant m m i �1 ry Government Finance Officers Association Register online at uuwwgfoa.org or fill out the form in Important Action Dates: this brochure and mail or fax it to GFOA. Phone regis- D January 19, 2007: First discount deadline trations cannot be accepted. Check the registration discount dates C April 6, 2007: Second and final discount and save money by registering early. deadline ❑ April 7, 2007: Full registration fee required ® Registration Fees Include: Monday and Tuesday luncheons for delegates and the Q Cancellation and Refund Policy: Sunday reception for delegates and guests. Conference and preconference seminar cancellations, ® Guest Registration: Conference sessions and the luncheons on Monday and Tuesday are not open to guests and children. Guests will be admitted to the Sunday reception and the exhibit hall. There is no registration fee for guests or children, but they must be preregistered. ® Registration Fee Discounts: To qualify for fee discounts, payment must be received by the deadline dates listed. ® Additional Discounts: You will receive a 10 percent discount on your confer- ence seminar registration if three or more people from your jurisdiction are attending the annual conference (registrations must be submitted together). Substitutions (Government Entities Only): A one -for -one substitution of nonmember for an active member is allowed. If your organization has a current GFOA member on the staff who is not attending confer- ence, a nonmember may attend in his or her place at the lower member rate. Please provide the name or the membership number of the GFOA member. Register today to take advantage of discounts @ www.gfoa.org registration changes, and refund requests must be made in writing to GFOA. ® . Spotlight on Financial Per ® March 9, 2007: Cancellations postmarked by this date will be refunded, less a 25 percent service fee. Il May 11, 2007: Cancellations postmarked after March 9 but by May 11 will be refunded, less a 50 percent service fee. E3 May 12, 2007: No refunds will be issued from this date forward. I WA I O1 i H �o �• C J r 9 cm m a ECo ❑ o H Y m O 4L 6 •�i g T C IL • N vUi m � ` E • .. Q m � � o .. o � a C7 U ❑ C w m m �o, C iml G G F 1V .2 E t m a m X y coi a z o le �EH r O ❑ o E m Si rb voi c ❑ O ❑ O ❑ OOi N 'O W c0'f m SE m a� ,3 m E IE z TN R E z n O ICU N f9 iR i9 ❑ ❑ ❑ O m .m. `mm y m y wm a oA w E= E e v= E zs zm a` h� 2 m 0 9 A � yL E o U m m m y m m w ao d S S o � n N zg O c m 0 c Z IEe Zcl L d a m E U A N m d m m C N Z N Z c d m a m m O tw- U � p m O N N C m m m E IE•c c O Z Z � o d` m iL iL r r 124 s p VD Government Finance Officers Association ® Housing Arrangements GFOA has made special arrangements with area hotels to offer attendees and their guests discounted rates while attending the 2007 GFOA 101st annual conference. Availability of all conference hotels is on a first -come, first -served basis and will be handled by the GFONs Housing Bureau. If rooms are no longer available in the hotel(s) of the attendee's choice, availability of the remaining hotels will be used in determining where guests are assigned. Participating hotels will not honor direct reservations and published room rates apply only to rooms reserved through GFOA's Housing Bureau. All reservations must be made by May 6, 2007. You will receive an acknowledgment from the Anaheim Housing Bureau once your reservation is processed. Acknowledgments are immediate if booked online; one week if form is faxed. Please review this acknowledgment carefully for your assigned hotel's cancellation fees, policies, and proce- dures. GFOA offers a variety of hotels in the Anaheim area to meet the dif- ferent needs of each attendee and their guests. Rates do not include hotel tax, which is currently 15 percent. ElHousing Policies • Reservations cannot be accepted through travel agencies. • All reservations require a valid credit card or check deposit guarantee at the time of confirming reservations. Requests received without a valid guarantee will be returned and will not be processed. Credit cards must be valid through June 2007 to be considered a proper guarantee. • If you choose to mail in a check deposit guarantee, it should be made payable to GFOA Housing Bureau, and mailed along with your housing request form to the address provided All check deposits must represent the first night's hotel stay. • You must be registered for GFONs annual conference prior to submitting your housing reservation. • If you do not register for GFONs annual conference, a higher hotel rate will apply. • Please print/type all items on the housing form to ensure accuracy. • Complete each portion of the form for accurate and rapid processing. • You will receive a confirmation for your housing and a separate confirmation for your conference registration. • Reservations must be made by May 6, 2007, to receive the discounted rates. ®Guaranteeing Your Room Reservation A deposit of one night's room and tax is required to reserve your room. The deposit can be made by credit card or check. Acceptable credit cards are American Express, Diner's Club, Discover, MasterCard, and Visa. If you are paying by credit card, please provide all requested information. Your credit card will be charged upon processing your reservation by the hotel. If you are paying by check, please make check payable to GFOA Housing Bureau and mail to: PO Box 4270, 800 W. Katella Avenue, Ana- heim, CA 92802. Checks must be in U.S. funds drawn on a U.S. hank. ANAHEIM RESORT HOTEL LOCATOR NAP Y •nrMll•NmN i fmd•em Os,en ra,mwniud wiro ,. n.ionrt�i c ommvaara,w t wOw+Nahmm T brl'alY,e Inn vM x 5nnae.nv.,k cloe•1 $ nwx swe wxmrir,ro xesoat s, .. 2 nr , r a e a 4 i :29U6 •rWK,mrOr,nge iountTkWdbtamentkn Ww M Requests for Suites Requests will not be honored until your registration form has been received by GFOA. Please contact the housing bureau for rates and availability. El Hotel Single Double Anabella Hotel $104 $104 AnaheimHiRon $100 $100 Anaheim Marriott $110 $130 Clarion Hotel $ 95 $ 95 Desert Palm Suites $104 $124 DoubleTree Guest Suites $104 $104 Portofino Inn $104 $104 Sheraton Park Hotel $104 $i / 9 M Easy to Get There GFOA has arranged the following discounts for conference travel: Airline Cede Telephone American Airlines A6367Ac 800-433.1790 Northwest Airlines HMASP 800.328.1111 GChanges and Cancellations Please contact the airline directly. Changes and/or cancellations can be made in writing directly to GFONs Housing Bureau through May 7, 2006, There is a $25 cancellation fee for MAnaheim Tours and Events cancellations made after May 1, 2007. Thereafter, any cancellations made Information on conference events and tours, will be posted at within 72 hours of arrival date will forfeit a one-night room and tax charge. winaygfea.ory Spotlight on Financial Performance �25 16 101 st Annual Conference i HOTEL RESERVATION FORM Reservations will not be processed if form is in- complete. Housing for the Government Finance Officers As- sociation is now open. For best availability and immediate confirmation, make your reservation via Internet. Faxed housing requests will take longer to process and choice hotels may not be available. ■ Internet Reservations www.gfoa.org ■ FaxedlMalled Reservations Faxed reservations should be faxed to the GFOA Housing Bureau at 714-776-2688 Mailed reservations should be mailed to the GFOA Housing Bureau 800 West Katelia Avenue • PO Box 4270 Anaheim, CA 92802 ®Acknowledgements You will receive an acknowledgment from the Anaheim Housing Bureau once your reservation 1 is processed. Acknowledgements are immediate if booked online; one week if form is faxed. ® Changes and Cancellations Changes and/or cancellations can be made in writing directly to GFOA's Housing Bureau through May 7, 2006. There is a $25 cancellation fee for cancellations made after May 1, 2007. Thereafter, any cancellations made within 72 hours of arrival datewill forfeit a one-night room and tax charge. ®Information For more information, call: 714-765-8868. or 1 email: anaheimhousing@anaheimoc.org William Arrival and Departure Information: 1 1 Arrival Date: Departure Dater 1 1 In June 10 — 13, 2007 ® Hotel Selection Information: Select hotel from the list provided. Please indicate three choices of hotels in order of preference. 1 st Choice: 2nd Choice: 3rd Choice. M Type of Room: Please Check One: U Smoking ❑ Non -Smoking Please Check One: U One Bed ❑ Two Beds Please Check One: ❑ Single ❑ Double CI Triple ❑ Check here if you have a disability requiring special services. Special Requests: ■Guest Information First Name Last Name Address State/Province Zip/Postal Code Country E-mail Address ( 1 ( ) Daytime Telephone Fax ■ Other Occupants ❑ Quadruple 1. Delegate Cl Yes U No 2. Delegate ❑ Yes U No 3. Delegate ❑ Yes ❑ No 4. Delegate U Yes ❑ No ■ Payment Information: All reservations must be guaranteed by a one-night room deposit. Housing forms received without a guarantee will not be processed. Please Check One: ❑ Amex U Diner's Club U Discover ❑ MasterCard ❑ VISA Card Number: Cardholder: Cardholder Signature: Expiration Date: / i COUNCIL/RDA MEETING DATE: January 16, 2007 ITEMTITLE: Adoption of a Resolution Granting Approval of a Final Map for Parcel Map No. 34123, REA La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: IS 61IUI1]'W OX9IIRA PUBLIC HEARING: Adopt a Resolution of the City Council granting approval of a Final Map for Parcel Map No. 34123, REA La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 34123 is generally located north of Highway 111 and east of Dune Palms Road (Attachment 1). This commercial development will consist of 2 parcel lots; on approximately 6.94 acres (Attachment 2). On December 21, 2005, at a Directors Hearing, the Community Development Director approved Tentative Parcel Map 34123. On October 17, 2006, the City Council conditionally approved Final Parcel Map 34123 however, the developer did not provide the City the Grant of Easement for along Depot Drive as stipulated in the Conditions of Approval. V211` The developer has requested the City Council's approval of the Final Map (Attachment 2). The Final Map is technically complete and is being routed for signatures. The developer expects that all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared the attached Resolution which provides for approval of the Final Map. Once the map is received, 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 for Parcel Map No. 34123, REA La Quinta, LLC.; or 2. Do not adopt a Resolution of the City Council granting approval of a Final Map for Parcel Map No. 34123, REA La Quinta, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, 4bl othy R. n s n, P.Eic Wor s Di for/City Engineer Approved for submission by: (i A42�� Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Parcel Map RESOLUTION NO. 2007-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING FINAL MAP APPROVAL OF PARCEL MAP NO. 34123, REA LA QUINTA, LLC, 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 Parcel Map 34123 is approved. 10'9 Resolution No. 2007- Parcel Map No. 34123, 99 CENT STORE Adopted: January 16, 2007 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 parcel 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. Finalize the Final Parcel 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16`" day of January 2007, 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: VERONICA J. MONTECINO, CIVIC, CITY CLERK City of La Quinta, California 1. 130 Resolution No. 2007- Parcel Map No. 34123, 99 CENT STORE Adopted: January 16, 2007 Page 3 (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California III ATTACHMENT 1 VTCINI''Y MAF 132 ATTACHMENT 2 1c t CE F6 kgI9 Yi to itll It lilt 14t k t �8 6 1l it st 011 t kk,k lit, if 11a Z°ye[b �t a �y{Sjt g� � '° dry{. p t g g k g [ 9 p i i, Q0� yk k hq i4 F4 �V� I h t t t_ all III tl I i l E I t � k tk'Rug, � t lit g 1 ikt k� k � c It 33 f` 134. COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Acceptance of a Grant of Easement for Street and Public Utility Purposes from REA La Quinta, LLC, Associated with Parcel Map No. 34123 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: -42 STUDY SESSION: PUBLIC HEARING: Accept a Grant of Easement for street and public utility purposes from REA La Quinta, LLC, associated with Parcel Map No. 34123 and authorize the City Manager to sign the certificate of acceptance for the same. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 34123 is located on the north of Highway 1 1 1 and east of Dune Palms Road (Attachment 1). An easement was required by the City per the Conditions of Approval for Parcel Map No. 34123. The easement is required for the final location of the curb and traffic signal pole on Depot Drive at the intersection of Highway 1 1 1. The location of the easement is shown in Attachment 2 (Exhibits A and B). REA La Quinta, LLC, desires at this time to dedicate, by Grant of Easement (Attachment 3), the additional right-of-way to the City of La Quinta. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept a Grant of Easement for Street and Public Utility Purposes from REA La Quinta, LLC. Associated with Parcel Map No. 34123 and authorize the City Manager to sign the certificate of acceptance for the same; or 2. Do not accept a Grant of Easement for street and public utility purposes from REA La Quinta, LLC. associated with Parcel Map No. 34123 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, j mothy R Jon s on, P.E. blic ks it for/City Engineer Approved for submission by: �1t' /! / �)e &4 t' r/ � � Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Legal Description and Map (Exhibits A and B) 3. Grant of Easement 136 N 4 I A TTACHMENTI I , I VICINITY ms I If (" '137 - EXHIBIT "A" LEGAL DESCRIPTION ATTACHMENT 2 PARCEL "A": THAT PORTION OF PARCEL 2 OF PARCEL MAP NO.28573 ON FILE IN BOOK 193 OF PARCEL MAPS, PAGES 26 AND 27, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 00001'40" WEST 124.29 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 78039'36" EAST 30.93 FEET ALONG THE NORTH LINE OF SAID PARCEL2; THENCE SOUTH 00000'00" WEST 115.41 FEET; THENCE SOUTH 54032'33" EAST 25.74 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 2, ALSO BEING A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF HIGHWAY I I I AS SHOWN ON SAID PARCEL MAP NO.28573; THENCE SOUTH 89°58'03" WEST 51.23 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL "A" CONTAINS 4,014 SQUARE FEET, MORE OR LESS AND AS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY THIS REFERENCE BEING MADE A PART HEREOF. SUBJECT TO ALL RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD, IF ANY. Prepared under the supervision of: oliploL Date: 1 1co Angela . Dorf, P.L.. #8010 Expires 12/31/08 STANTEC CONSULTING 73-733 Fred Waring Dr., Suite 100 Palm Desert, CA 92260 (760)346-9844 Exp. 12/31/08 138 O:M0845SA084500\dmwings\sumy\EASEMENT\845_RW LEGAL.dm Page 1 of 1 EXHIBIT "B" SHEET 1 OF 1 MAP TO ACCOMPANY OFFER OF DEDICATION EASEMENT - -g I.2.i' P.O.B. Exp. 12/31/08 PREPARED UNDER TN£ SUPER14SION OF.- ANGELA E. DORF, PLS 0210 a4TE PARCEL 2 PARCEL MAP NO.28573 P.M.B. 193126--27 SAY 111 SEC77ON LINE SCALE: 1" = 40' Project: 99 CENT STORE Description: R/W DEDICATION Number of Lots: 1 Report Created by: A.DORF EXHIBIT C Friday January 5, 2007 Northing Easting Direction Distance ---------------------------------------------------------------- PARCEL "A" 1 Courses: 5 661094.3995 2015414.1655 S 00000,00.00" W 115.4139' 660978.9855 2015414.1655 S 54032'32.78" E 25.7355' 660964.0564 2015435.1282 S 89058'02.58" W 51.2311' 660964.0272 2015383.8972 N 00°O1'40.23" W 124.2900' 661088.3172 2015383.8368 N 78039'36.35" E 30.9326' 661094.3995 2015414.1655 Perimeter: 347.60 Area: 4014.38 Sq. Ft., 0.09 Acres Error of Closure: N 67029104" E 0.003' Error North: O.o01 Error East: 0.002 Precision: 1 in 137224 ATTACHMENT No Recording Fee Required per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAL TO: City of La Quinta Post Office Box I W Le Quinta, CA 92247 Space ab" Tb me Is �ve0tcrnso"da use GRANT OF EASEMENT DEED RW-D 2006-color, FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknoWledged, REA LA QUINTA, LLC, a Califomia limited liability company, (the Grantor), hereby grants to CITY OF LA QUINTA, a California Municipal Corporation, (the Grantee), a perpetual easement and right-of-way for public street and public utility purposes, 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, permittees, licensees, agents or assigns of Grantor and Grantee. ,r ti Executed this L day of .%).e. ce-r,.be-� , 200L, at C, a hnse� By: n✓ «— �� Alan Gottlieb, Its: Managing Member 141 F720 1101 STATE OF CALIFORNIA • • i �f�.'f s vi Xwwn* (mown to me — OR — ❑ z Name, We. e.g., 'Jane Doe, Notary Putdk' personally appeared Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the Pers0rn(s) whose nam(s) islare subscribed to the within instrument and acknowledged to me that hefshel4hey executed the same in hisJhefiheir authorized capacly(les), and that by hislhedfheir signature(s) on the instrument ft person(s), or the entity • upon behalf of which the person(s) acted, executed the instrument Witness my hand and official seal. r4natrrre of Notary OPTIONAL The following Wmnation is not required by law, however, it may prove valuable to persons reWQ on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: DESCRIPTION OF ATTACHED DOCUMENT Individual ❑ Corporate officer: TkWs) rare or Type of Doamrent Partner(s): ❑ Limited ❑ General ❑ Attomey4n-Fact Trustee(s) ❑ Guardian/Conservator other. SIGNER IS REPRESENTING Name of Person(s) or Fntk(ies) Number of Pages Date of Document SIGNERS (Other than named above) r1' 142 3 Thaw `y OF "M4 COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Approval of a Professional Services Agreement (PSA) with OMNIS Incorporated to Prepare the Plans, Specifications, and Engineer's Estimate (PS&E) for the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (Attachment 1), in the amount of $77,440, with OMNIS Incorporated to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Transportation DIF Total Funding Available (Fiscal Year 06/07): The following represents the approved project budget: Professional: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $1,202,704 $1,202,704 $15,980 $111,148 $86,140 $862,901 $55,512 $71,023 $1,202,704 As illustrated, adequate funding is available to support staff's recommendation. 143 CHARTER CITY IMPLICATIONS: The combined project is 100% funded with locally generated funds and is situated entirely within the City of La Quinta. The project will be bid as a non -prevailing wage project which may result in cost savings. BACKGROUND AND OVERVIEW: The proposed improvements include the installation of sound attenuation walls on Avenue 50 adjacent to Lago La Quinta, and on Washington Street adjacent to the Villas at La Quinta. On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP). The sound attenuation wall adjacent to Lago La Quinta is included within the adopted CIP and scheduled for funding during Fiscal Years 2006/2007. A separate appropriation will be required to fund construction of the sound wall for Villas at La Quinta. On, September 19, 2006, the City Council appropriated $492,472 from unassigned Transportation Developer Impact Fee (DIF) Funds; authorized 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 Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02; and appointed a Consultant Selection Committee. The City received four proposals on November 10, 2006. Following its evaluation of the proposal, the consultant selection committee unanimously recommends OMNIS Incorporated be awarded a PSA in the amount of $77,440 to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02. Contingent upon City Council approval of the PSA (Attachment 1) on January 16, 2007, the following is the project schedule: City Council Approves PSA Project Design Advertise the Project for Construction Construction (6 Months) Accept Improvements January 16, 2007 January — September 2007 October 2007 November 2007 — April 2008 May 2008 GG 144 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement (PSA), in the amount of $77,440.00, with OMNIS Incorporated to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02; or 2. Do not approve a Professional Services Agreement (PSA), in the amount of $77,440.00, with OMNIS Incorporated to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02; or 3. Provide staff with alternative direction. Respectfully submitted, A,�� 1z Ttr�othy R. iq n sso E. Public Works Direct E. Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement F 145 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 OMNIS INCORPORATED ("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 the preparation of the plans, specifications, and estimates (PS&E), and contract bid documents for Sound Attenuation Walls, Project 2006-02, 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, Consultant 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. 00 146 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Seventy -Seven Thousand Four Hundred Forty Dollars ($77,440.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. .City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 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. . 0C 147 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. The term of this agreement shall commence on January 8, 2007 and terminate on September 30, 2007 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 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: John Gabor, President Noel Zemla, P.E., Vice -President a. 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, P.E., Public Works Director/City Engineer, or such other person as may be designated by the City Manager of City. It shall be Consultants 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 specked 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 ther rser 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. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $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. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. 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 with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim �andie aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. 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. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsutants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specked in Exhibit C without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise our of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by, for with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. d. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemniffj; nd 1&0 harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by C Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. ri n '151 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non- contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 0 �, 152 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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. G G 153 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. 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. 154 r, 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 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. (-' 155 8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 To Consultant: OMNIS Incorporated Attention: Noel Zemla, P.E. Vice -President 5195 Walnut Avenue, Suite 14 Chino, CA 91710 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 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 156 Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: OMNIS Incorporated By:_� Name: Noel Zemla, P.E. Title: Vice -President Date: I2 `% o� Date 158 Exhibit A Scope of Services Consultant's scope of work to prepare the plans, specifications, and estimates (PS&E), and contract bid documents for Sound Attenuation Walls, Project 2006-02, is attached and made a part of this agreement. 1 9 EXHIBIT A - SCOPE OF WORK January 2, 2007 qP Civil Engineering Design Infrastructure Management GIs Mapping & Data Systems STATEMENT OF QUALIFICATIONS Our project team has successfully completed many similar sound attenuation wall designs and has experience completing design projects for the City of La Quinta. Our team has extensive experience with similar projects and we have the resources in place to begin your project immediately. OMNIS Inc. Noel Zernla, P.E. #57047 Vice President/Project Manager Mr. Zemla's background includes over 16 years of both public and private sector design and construction experience. He has managed and designed numerous infrastructure projects, including sound walls, retaining walls, traffic signal, roadway rehabilitation and widening, storm drain, sewer, grading, street lighting, and site development. Anthony Felipe Designer Mr. Felipe has over 6 years experience specializing in public sector design. He has designed numerous infrastructure projects, including sound walls, retaining walls, roadway rehabilitation and widening, storm drain, sewer, traffic signal, and street lighting. Mr. Felipe is proficient in AutoCAD, ArcCAD, ArcVIEW, and Microsoft Office software. LOR Geotechnical Group John P. Leuer, P.E. #34996, G.E. #2030 President Mr. Leuer has gained a high-level of expertise with over 25 years of experience on literally hundreds of geotechnical projects. He has acquired a specialized knowledge of the many geotechnical considerations involved for construction in the southern California area, and is highly experienced in all aspects of soil and foundation engineering. Mr. Leuer has substantial experience coordinating projects for many City, County, and State agencies as well as the public sector, gaining a reputation for being responsive to client's needs while providing strong technical expertise. Guida Surveying . Walter Cudmore, P.L.S. #4490 Principal Mr. Cudmore is a Professional Land Surveyor registered in the State of California. Since 1988, Guida Surveying has provided land surveying and mapping services throughout California. Their highly skilled crews perform field surveys accurately and efficiently using the most technically i s Civil Engineering Design Infrastructure Management GIs Mapping & Data Systems advanced equipment in the industry. The Guida Surveying team responds and mobilizes quickly for projects of any capacity. Kobata Associates Roger Kobata, L.A. # 1118 President Mr. Kobata has over 30 years experience in the design and construction of landscape and irrigation improvements including streetscapes, parks, green belts, and other public facilities. Kobata Associates is a Caltrans-certified DBE and provides professional services to numerous cities throughout Southern California including the County of Riverside. AM IVMNW Civil Engineering Design Infrastructure Management GIs Mapping & Data Systems RELEVANT PROJECT EXPERIENCE City of La Quinta Montero Estates Sound Wall Improvements* Reference: Mr. Chris Vogt, Former Director of Public Works/City Engineer, 951-413-3130 (City of Moreno Valley) This project involved the design of over 2,200 LF of new masonry sound wall along Washington Street and Avenue 50. Washington Street is a major arterial and has an estimated build -out ADT of 61,000. Prior to the sound wall construction, the residences within Montero Estates along Washington Street and Avenue 50 were separated from the roadway by an intermittent 3 to 4- foot tall wall and dense oleanders and shrubs. An acoustical analysis was performed and it was determined that an 8 to 12-foot barrier would need to be constructed to meet the City's General Plan sound level requirements. 3 alternative conceptual designs were prepared for City staff and City Council to select from. Final design plans included sound wall plan, profile, and details as well as parkway landscaping and irrigation plans. Landscape and irrigation plans were prepared by Kobata Associates. City of Poway Norwalk LanelTwin Peaks Road Wall Replacement Project* Reference: Mr. Dan Cannon, Maintenance Operations Manager, 858-679-5417 This project included the removal of an existing masonry retaining wall and wood fence between Twin Peaks Road and Norwalk Lane, a private road, and the construction of a new masonry retaining wall and masonry sound wall in the same alignment. The existing 3 to 6-foot high retaining wall and 6-foot high fence span approximately 350 lineal feet fronting three parcels along Norwalk Lane. City of Lancaster 101* Street West and 2d* Street West Sound Walls* Reference: Mr. Karl Bjarke, Former Senior Civil Engineer, 408-776-7337 (City of Morgan Hill) This project included the design of over 3,600 LF of new sound wall along 10th Street West and 20th Street West, minor arterials abutting residential backyards. The design scope included the preparation of conceptual designs and community meetings with residents and homeowners to develop a consensus on the asthetics of the new walls. A cast -in -drilled -hole footing system was employed to minimize conflicts with existing power poles and a 6-inch gas line along the 1 Oth Street West parkway. * Denotes projects completed by Noel Zemla, PE, while with a former firm. i' - 162 Ak IpMNW Civil Engineering Design Infrastructure Management GIS Mapping & Data Systems PROJECT UNDERSTANDING AND APPROACH We have reviewed in detail the City's Request for Proposal (RFP) and Amendment 1, visited the project sites, and discussed the project in detail with City staff to familiarize ourselves with the project background, goals, and possible constraints. This project will entail constructing sound attenuation walls along the street frontage of two communities, Lago La Quinta and Villas of La Quinta, as described below: Lazo La Ouinta Lago La Quinta fronts approximately 1,700 lineal feet of the northerly side of Avenue 50 between Washington Street and Eisenhower Drive and is bounded by Montero Estates to the east and La Quinta Country Club to the west (see map at right). Villas of La Ouinta Villas of La Quinta fronts approximately 1,200 lineal feet of the westerly side of Washington Street between Montero Estates to the south and Eisenhower Drive to the north (see map at right). C 163 ASk qpMNW Civil Engineering Design Infrastructure Management GIs Mapping & Data Systems Below are brief discussions on what we understand to be some of the key project issues: ACOUSTICAL ANALYSIS A sound attenuation study was prepared by Alliance Acoustical Consultants (AAC), Inc. in June 2003 for the Villas of La Quinta and recommends a 9-foot high noise barrier (sound wall) along the along the Washington Street right-of-way to mitigate existing and future traffic noise from Washington Street. We will review in detail the data and recommendations found in the AAC study and implement them in the design of the sound attenuation wall along Washington Street. It is our understanding that an acoustical analysis has not been prepared for Lago La Quinta but a sound attenuation wall (likely 6 to 8 feet high) is being proposed along Avenue 50 as a pre- emptive measure and will also serve as a security wall for the Lago La Quinta community. EXISTING IMPROVEMENTS TO BE REMOVED There are existing parkway improvements that will be removed to facilitate the construction of the proposed sound attenuation walls. There are existing 3 to 4-foot high block walls along the Avenue 50 frontage of Lago La Quinta that will be removed as part of this project (see Photo 1 below). Also, the existing oleanders and chain link fencing along the Washington Street frontage of Villas of La Quinta will be removed as part of this project (see Photo 2 below). to be removed along Lago La Quinta frontage. Photo 2: Existing oleanders and chain link fencing (behind oleanders) to be removed along Villas of La Quinta frontage. 164 Civil Engineering Design Infrastructure Management GIs Mapping & Data Systems EXISTING UTILITIES There are approximately eleven (11) existing Imperial Irrigation District (IID) power poles within the Avenue 50 parkway (see Photo 3 below) that will need to be considered in the design of the Lago La Quinta sound attenuation wall. An alcove -type design similar to what was used at the Montero Estates sound wall can be utilized at existing power poles in conflict with the proposed wall alignment (see Photo 4 below). Photo 3: Existing HD power pole within Avenue 50 parkway. at adjacent Montero Estates sound wall. In addition to the power poles along Avenue 50, several other utilities were noted within the parkways of both Avenue 50 and Washington Street that will need to be protected and/or designed around such as IID vaults, cable television pedestals, telephone pedestals, irrigation pedestals, gas vaults, hydrants, etc. (see examples in Photos 5 and 6 below). Photo 5: Existing HD and irrigation pedestals Photo 6: Existing gas vault within Washington within Avenue 50 parkway. Street parkway. DC 1, J Civil Engineering Design Infrastructure Management GIS Mapping 8 Data Systems DRAINAGE Along both Avenue 50 and Washington Street, there are existing drainage facilities that will need to be incorporated into the design of the sound attenuation wall footings (see Photos 7 and 8 below). Photo 7: Existing curb drain along Avenue 50. Photo 8: Existing parkway drain along Washington Street. Special details will be prepared to accommodate these drainage facilities through the proposed sound walls and footings to maintain positive drainage from the private communities to the Avenue 50 and Washington Street roadways. PARKWAY LANDSCAPING It is our understanding that the existing parkway landscaping and irrigation is to be retained along the frontage of Lago La Quinta (Avenue 50) consisting of turf and trees (see Photo 9 below). Landscape and irrigation damaged or disturbed with the construction of the Lago La Quinta sound attenuation wall will be replaced in kind. Landscape and irrigation plans will not be prepared for the Lago La Quinta parkway. Along the Villas of La Quinta frontage (Washington Street), parkway landscaping similar to the Montero Estates parkway will be installed (see Photo 10 below). Landscape and irrigation plans will be prepared for the Washington Street parkway by Kobata Associates, our subconsultant. C: 166 r .ems eat; t Photo 9: Existing turf and trees al Quinta (Avenue 50) to be retained. VALUE ENGINEERING Civil Engineering Design Infrastructure Management GIS Mapping 6 Data Systems along Villas of La Quinta (Washington Street) similar to Montero Estates parkway. We understand that this is a sizeable investment for the City and we will make every effort to economize the design of the walls and landscaping to keep the project within the established construction budget. For example, we have included in our Scope of Work seven (7) soil borings (4 at Lago La Quinta and 3 at Villas of La Quinta) in an effort to obtain less conservative soil strength values for the design of the wall footings possibly resulting in smaller, less costly wall footings. Additive alternate bid items can also be incorporated into the bid documents to allow the City more flexibility in awarding the construction contract within budget. UTILITY POTHOLING Subsurface utilities that appear to be in conflict with the proposed sound wall footings will be potholed to determine the precise location of the utility both vertically and horizontally. We have included a total of up to nine (9) utility potholes within the parkways of Avenue 50 and Washington Street. HOMEOWNER ASSOCIATION COORDINATION This project will affect the Homeowner's Associations (HOA's) of both Lago La Quinta and Villas of La Quinta communities and will require their input and cooperation. We understand the importance of coordinating with the HOA's and keeping them informed of the design progress. For this reason, we have included in our Scope of Work meeting with the affected HOA's to provide schedule updates and discuss project issues that may be of concern to the HOA Boards and/or residents. C. _ 167 0 MNFS-- Civil Engineenng Design Infrastructure Management GIS Mapping & Data Systems SCOPE OF WORK Task 1.0 Proiect Manaeement 1.1 Project Kickoff Meeting Our project manager will schedule and attend a project kickoff meeting with City staff to discuss the project scope and schedule and address any design issues or constraints before any work begins. Deliverables: Meeting agenda and meeting minute. 1.2 Design Review Meetings Our project manager will schedule and attend design review meetings with City staff to discuss design criteria and constraints and present our design of the proposed improvements in an effort to expedite the review process and efficiently complete the design plans and specifications for bidding by the City. We have assumed three (3) design review meetings. Deliverables: Meeting agendas and meeting minutes. 13 City Council Meeting If required, our project manager will attend a City Council meeting and will be available to present the design of the proposed improvements and answer questions regarding the project. Deliverables: None. 1.4 Homeowner Association (HOA) Coordination Our project manager will be available to meet with the affected HOA's to present the proposed sound attenuation wall project and anticipated schedule and discuss and address their concerns. Deliverables: Meeting notes. 1.5 Utility Coordination Our project designer will be responsible for mailing initial utility notifications to all utility companies/agencies that have facilities within the project limits making them aware of the upcoming construction activities and requesting copies of their maps, plans, and/or r' H8 OMNW: Civil Engineering Design Infiastructum Management GIs Mapping & Data Systems sketches of their existing and/or proposed facilities within the project limits. We will coordinate directly with the utility companies/agencies on behalf of the City for the relocation and/or adjustment of their facilities. We will send out copies of progress submittals to affected utility companies and notify them of the approximate project construction schedules. Deliverables: Copies of all correspondence and utility log. Task 2.0 Preliminary Investigation 2.1 Topographic Survey and Mapping Guida Surveying, our subconsultant, will perform topographic surveys within the project limits including the following: ➢ Existing curbs, walls, fences, etc. ➢ Existing surface utilities ➢ 50-foot interval cross -sections (10 feet into the roadway to 15 feet behind the right- of-way) ➢ Existing raised medians and curbs on opposite sides of street for planimetrics only ➢ Establish record centerline and street right-of-way for horizontal control ➢ Elevations will tie into existing local City benchmark for vertical control Deliverables: None. 2.2 Geotechnical Investigation LOR Geotechnical Group, Inc, our subconsultant, will perform a geotechnical investigation including the following: ➢ Review of available plans, data, or reports, if provided ➢ Obtain a no fee permit from the City of La Quinta for traffic control ➢ Marking the boring locations and contact Underground Service Alert ➢ A total of 7 borings will be obtained ➢ Provide recommendations pertaining to soil bearing pressure, passive and active earth pressures, sliding coefficient of friction, cohesion, as well as other geotechnical parameters for the design of the attenuation wall footings ➢ Prepare a Geotechnical Report summarizing findings and recommendations Deliverables: Three (3) copies of the geotechnical report. C" 169 Civil ng De Ha 2.3 Review of Sound Attenuation Study We will review in detail the data and recommendations found in the Sound Attenuation Study prepared by Alliance Acoustical Consultants. The recommendations for the Villas of La Quinta sound attenuation wall will be incorporated into the design plans. Deliverables: None. 2.4 Research and Information Gathering We will research and obtain copies of available record improvement plans at both the City, and the County if necessary, for the project location. Deliverables: None. 2.5 Base Mapping Base maps will be prepared on City titleblock conforming to City format requirements such as plan scale, text heights, etc. Subsurface utilities will be plotted on the base map from information provided by utility companies and agencies and record plans obtained from the City and/or County. Deliverables: None. 2.6 Site Investigation After the topographic survey and base mapping is complete, we will review the project sites in detail in the field to ensure that all surface culture pertinent to the design of the proposed improvements, such as utilities, trees, power poles, driveways, gates, walls, etc. is inventoried and design constraints will be identified and noted. Deliverables: None. 2.7 Utility Potholing Where there are apparent conflicts between existing subsurface utilities pand the proposed sound wall footing, we will pothole within the parkways and locate the existing utility both horizontally and vertically. We have included a total of up to nine (9) utility potholes. Deliverables: Sketches of found utilities. G^ 170 0 Civil Engineering Design Infiastmcture Management GIS Mapping & Data Systems Task 3.0 Design Concepts 3.1 Design Concept Plans Preliminary design concept plans will be prepared for the proposed sound attenuation wall improvements, including landscaping. The concept plans will include a layout of the proposed sound attenuation walls and the disposition of all known existing public and private improvements within the proposed wall locations. Deliverables: 3 sets of concept plans (24" x 36" bond). 3.2 Preliminary Construction Cost Estimate A preliminary construction cost estimate will be prepared complete with the City's typical bid items, quantity estimates, unit costs, and appropriate contingencies. Deliverables: Cost estimate spreadsheet with back-up quantity take -off calculations. Task 4.0 Final Desien 4.1 90 Percent PS&E The 90 Percent design plans will be prepared incorporating comments from City staff on the concept plans. The plans will include appropriate dimensions, construction notes, details, etc. to properly describe the construction of the proposed sound attenuation walls. The disposition of existing utilities and private improvements will be noted. We will prepare project specifications in the City's format using a digital sample provided by the City. A construction cost estimate will be prepared complete with the City's typical bid items, quantity estimates, unit costs, and appropriate contingencies. Deliverables: 3 sets of the 90 Percent design plans (24" x 36" bond), 1 set of specifications, and I copy of the construction cost estimate. 4.2 100 Percent PS&E The 100 Percent design plans, specifications, and estimate will be prepared incorporating comments from City staff on the 90 Percent design submittal. Deliverables: 3 sets of the 100 percent design Plans (24" x 36" bond), I set of specifications, and 1 copy of the construction cost estimate. 171 4.3 Preliminary Final (screen check) PS&E The preliminary final design plans, specifications, and estimate will be prepared incorporating comments from City staff on the 100 Percent design submittal. Deliverables: 3 sets of the preliminary final design Plans (24" x 36" bond), 1 set of specifications, and 1 copy of the construction cost estimate. Task 5.0 Finalize PS&E We will incorporate final comments from City staff into a final set of plans and specifications for bidding by the City. Deliverables: Final plans plotted on mylar stamped and wet -signed by a licensed Civil Engineer. Final specifications will be stamped and wet -signed by a licensed Civil Engineer. CD containing final plans (AutoCad), specifications (MS Word), and cost estimate spreadsheets (MS Excel). Task 6.0 Bid Period Services Our project manager will be available to attend a pre -bid meeting scheduled by City staff and will be available to provide technical support during the bidding and award process. Deliverables: None. r; Ir 1V72 Exhibit B Schedule of Compensation Payment shall be on a "Lump Sum Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Seventy -Seven Thousand Four Hundred Forty Dollars ($77,440.00) except as specked in Section 1.6 - Additional Services of the Agreement. 0 G 173 Civil Engineering Design Infrastructure Management GIs Mapping & Data Systems January 2, 2007 Nick Nickerson, Project Manager City of La Quinta Public Works Department 78A95 Calle Tampico La Quinta, CA 92553 Subject: Cost Proposal for Professional Engineering and Design Services Sound Attenuation Walls, Project No. 2006-02 Dear Mr. Nickerson: Omnis Incorporated is pleased to present this cost proposal for the subject project: Project Area Total Fixed Fee Lago La Quinta Sound Attenuation Wall $37,880 Villas of La Quinta Sound Attenuation Wall $39 560 TOTAL LUMP SUM FIXED FEE: $77 440 Our proposed level of effort for the two project areas is attached showing a breakdown of our estimated hours by classification as well as our subconsultants' costs. The estimated hours shown and subconsultant costs are based on the assumption that both the Logo La Quinta and the Villas of La Quinta Sound Attenuation wall projects will be designed concurrently. If one of the two project areas is deleted, or substantially delayed, we would request to renegotiate this cost proposal. The hourly rates shown include each person's salary, overhead, and profit as well as indirect costs such as mileage, reproduction, equipment, etc. We do not anticipate any separate reimbursable expenses for this project. We appreciate your consideration of Omnis Incorporated and we are looking forward to the opportunity of working again with you and the City of La Quinta. Should you have any questions or wish to discuss any part of this proposal, please call me at 909-631-1537. Sincerely, Omnis Incorporated Noel Zemla, PE Vice President U V14 5195 Walnut Avenue #14, Chino, California 91710, Tel: 909464-1074, Fax: 866-314-6017 Cost Proposal for Professional Engineering and Design Services Sound Attenuation Walls, Project No 2006,02 January2, 2007 LAGO LA QUINTA SOUND ATTENUATION WALL NI Project LOR Managed Project CAD Guida Geotcchnical Utility Kobata Engineer 1 Designer 1 Technician 1 Surveying Group Potholing Associates Subtotals Twk/Subtask $120 $100 $75 azk To Project managmmi 1.1 Project Kickoff Meeting2 1.2 DesignReview Meetings 6 1.3 CityCouncil Meeting2 1.4 Homeowner Association Coordination 6 =SOS2 1.5 UtilityCoordination 2 4 Subtotal $ _ $2,160 5400 SO SO SO SO ask 2.0 Preliminary Investigation 2.1 Topographic Survey and Mapping $3,880 $3,880 2.2 Geotechniml Investigation $5,300 $5,300 2.3 Review of Sound Attenuation Study so 2.4 Research and Infonnation Gatherin 4 $400 2.5 Base Mapping 4 12 $1,300 2.6 Site Investigation 4 4 $880 2.7 Utility Potholing $1,400 $1,400 Subtotal $ = 5480 51,200 S900 53,880 55300 51,400 SO $13,(60 ask 3.0 Design Concepts 3.1 Design Concept Plans 161 161 16 $4,720 3.2 Preliminary Construction Cost Estimate 1 21 4 $640 Subtotal li_ $2,1601 $2,0001 $1,200 SO $0 $01 $0 $5,360 azk 4.0 Final Design 4.1 90 Percent PS&E 241 241 40 $8,280 4.2 100 PS&E 1 161 161 24 $5,320 4.3 Preliminary Final screen check PS&E 1 41 41 8 $1,480 Subtotal $ _ $5,2801 S4,4001 $5400 SO $0 $0 $01 $I5,080 azk 5.0 Finalize PS&E i 21 41 8 Subtotal li= $240 $400 $600 $01 su $01 so $1,240 ask 6.0 Bid Period Services i 4 Subtotal S =1 5480 SO $01 SO $0 $01 Sol 5480 1175 Cost Proposal for Professional Engineering and Design Services Sound Attenuation Walls, Project No 2006-02 January 2, 2007 VILLAS OF QUINTA SOUND ATTENUATION WALL Rolect LOR Manager/ Project CAD Guide Geotechnical Utility Kobata Engineer Designer Technician Surveying Group Potholing Associates Subtotals Task/Subtask $120 5100 $75 ask 1.0 Project Management LI Project Kickoff Meeting $240 1.2 Desi Review Meetings $720 1.3 CityCouncil Meeting =16$4 $240 1.4 Homeowner Association Coordination $720 1.5 UtilityCoordination $640 Subtotal S _ $01 $o $o $2,560 ask 2.0 PreliminTZ Inves6 'on 2.1 TOPOgWhlc Survey and Mapping $4,720 1 1 $4,720 2.2 Geotechnical investigation $3,500 $3,500 2.3 Review of Sound Attenuation St 4 S480 2.4 Research and Information Gathering 4 $400 2.5 Base Mapping 4 12 - $1,300 2.6 Site investigation 4 4 5880 2.7 UtilityPotholing$1,400 $1,400 Subtotal ($)= $960 S1,200 $900 $4,720 $3500 51,400 $0 $12,680 ask 3.0 Design Concepts 3.1 Desi ConceptPlans 31 Frelimm Construction Cost Estimate 8 2 12 4 16 $1,500 $4,860 $640 Subtotal(S = 51,200 51,600 $1,200 $01 Sol sot $1,500 $5,500 Task 4.0 Final Design 4.1 90 Percent PS&E 1 16 24 32 $2,000 $8,720 4.2100PS&E 12 16 241 $1,3001 $6,140 43 Preliminary Final screen check PS&E 21 41 81 1 1 1 ml $1,640 Subtotal $ _ $3,6001 S4,4001 $4800 $01 SO $0 $3.7001 $16,500 c. C. 1,78 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. 177 EXHIBIT C - SCHEDULE January 2, 2007 ^3 3 a 3 J Q SS C ` d -___-_---____-- c s IA 5 ------ _- o -�- 41 S 7 u4 o { i yeH cd Z c 1 8 C9 i e _ n J o$ c a � a a om a a S - a ,`a 8 F 4 ai:a a � E s TL J _ R Exhibit D Special Requirements NONE. C 173 04 �FM OF COUNCIL/RDA MEETING DATE: January 16, 2007 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed By RSI CONSENT CALENDAR: for Alfonso Pena. Date of Loss: January 17, 2006 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by RSI for Alfonso Pena, with a reported date of loss of January 17, 2006. FISCAL IMPLICATIONS: The total amount of the claim was for an unspecified amount. CHARTER -CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by RSI for Alfonso Pena with a reported date of loss of January 17, 2006, (Attachment 1). 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: C_ ISO 1 . Deny the Claim for Damages filed by RSI for 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, John uiz, Peisbnne.1180isk Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. RSI for Alfonso Pena, Claim for Damages lgl FILEM: CLAIM FOR DAMAGES CITY CLERKS OFFICE CRY dLaQunto TO PERSON OR PROPERTY P.O. Box 1W4 Le Quetta, CA 9=1 INSTRUCTIONS 1. Claims for destr, in)" to perm or b personal pmpok most be bled mI tiler flan sir months WIN tm o=nf=. (Gov. Cade j 91I.2.) - 2.0 mTordamagesjorealpmpomustbeLWTatIaEerimn1Yearalbrtieocanwm.(Gar. Code j II U) 3. Read engm ddm tmn bebte tong. 4. See page 2 brdaglam updnwlddi b bate place of 8W M. S. This ddm fam must be dgnad m page 2 at WOO- 6, Afto separate atm %I noes, b gtre tit doWk SIGN EACH SMIX7. To: (Herne of Cm La - us vim fCtakrl b bor a Dana: 9Aa.10 3S'go, W 44,44 (r� n ATTACHMENT RESERVE FOR FILING 5FAMP CLAIM NO. 7ba• 573 Wh" ad DAMAGE or INJURY oomuf? Desaba Tiny, and kxato on diagram on reverse We O1fds meet Ylrlere aIIIIImm, give sues' names and address end meaalrements fan kndmerks: 61 q-A A 1 b �� TJs q 1r,--e o Ih V �•,; 1r Q A ,-{� ascribe In deW IWvv Ire DAWIAM or IN,RJRY oeamed. `, ` dk- Q J `n 4-, �l ►� (' � r ,. m L`e S� art s A-'W< i`-e e on 021- T t r t'e Cat., l.t cA1 e r q- t)e k ci, L,4z4 (L.r a at 3S Desabe m delbl each INJURY or DaNAGE SEE PAGE 2 (OVER) 1HIS CLAIM MUST BE SIGNED ON RE E 182 The amount dahaed, as of IM date of preswiaeon oreb Balm, is computed as ve as as far as know Damages koved b dab (exacq: Fulum expetrws for medial atd 1103Pimt care .S Damage b ptepesty .................... S Fudae klssss of eartdngs .................. $ Expenses ft medical and hospital care ..... i . , ... S . t7ber pmspec6ve damages .... Loss deama for ..................... S generei damages Spew damages for ....... . .. . .......... Total esimated p vVedlre damages .......S General damep ....................... i Total damages incased to date ......... of thrs lain: f ,o� W�� lC► lA,�,y� �' 1•. Total amountdakred as ofdak dpresen Was damage atilt try irres6gaby police? lam, Were par soft orambrderm called? f so, name E krJured a debt fone. name atltd address of bDcw of yore left visit _ {yv� WITNESSES b DAMAGE t ltUJRY:lied a1 PUMP Wd addresses of persanslot"m is me Enfama6at: Ph" Name Ptrone Name Phone Name Adftw Ptgrla Phare Phan Foreap�eeonirgmm�eof YrChdh�Nodl� aaddddYby'M1'arrdWraGonofyaurseYayaurvatddeatare0meolArerd East away. And Weakhftebpine daoddemby7Pmrdbyfiorrbrgbaron byT-1•anderepohdd6 PMbYW MiltinOfdislaroasbebaedoanera tiMVdk%waabv*W.de*=Wby NOTE-.fdtagmrabebadordItMedhrelan.aeeohhereloapropatr<agram W � bdCl VW*wherryWbrstsawiwtdbyvlocation oflmAU# or Yad reticle whm you kd SM Cltd VeNde; beau of Cey vehicle at Ame of sl@red by Aebrmrt Z--jrreWALK CURB PARKWAY 61DEW ALK 7 .7 ,me: Nl "q c o& A %,we y !.feelet,(fr4— N CURB —7, COUNCIURDA MEETING DATE: January 16, 2007 ITEM TITLE: Acceptance of On -site Improvements Associated with Tract Map No. 29053-3, Fiore at Renaissance, Trans West Housing, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: A STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 29053-3, Fiore at Renaissance, Trans West Housing, Inc. and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29053-3, Fiore at Renaissance, is located on the north side of Avenue 50 approximately '/4 of a mile to the west of Jefferson Street (please see Attachment 1). All obligations of the Subdivision Improvement Agreement and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of warranty security. U 194 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 29053- 3, Fiore at Renaissance, Trans West Housing, Inc. and authorize staff to release performance securities upon receipt of warranty securities; or 2. Do not accept the on -site improvements associated with Tract Map No. 29053-3, Fiore at Renaissance, Trans West Housing, Inc. and do not authorize staff to release performance securities upon receipt of warranty securities; or 3. Provide staff with alternative direction. Respectfully submitted, R.(Jr/nassdn/ P.E. is Works DiregVr/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security 193 ATTACHMENT - I TRACT MAP No. 29053-3 FIORE AT RENASSIANCE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: January 16, 2007 ITEM TITLE: Acceptance of On -site Improvements Associated with Tract Map No. 29053-3, Fiore at Renaissance APPLICANT: Ms. Jennifer James— Trans West Housing, Inc. G 196 ATTACHMENT - 2 TRACT MAP No. 29053-3 FIORE AT RENASSIANCE ON -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materialsp Current Amount Proposed Reduction WARRANTY AMOUNT Grading $8,460 $8,460 90°.6 $846 On -site Street tmprouements $203,370 $203,370 90°b, $20,337 Domestic Water $87,080 $87,080 90% $8,708 Sanitary Sewer $59,440 $59,440 90°6 $5,944 Dry Utilities $79,950 $79,950 90% $7,995 Landscape $42,500 $42,500 90% %% $4,250 m Monuentation $0 $5,000 $0 Standard Contingency 10% $48,080 $48,580 100% $0 Professional Fees, Design 10% $52,890 $53,440 100% $0 Professional Fees, Construction 10% $52,890 $53,440 100°h $0 No Plans Contingency 25% $132,220 1 $133,600 100% $0 Total $7N6,880 1 $774`8No 1 - $48,080 1. Performance Security shall be released immediately upon City Council acceptance. 2. Labor & Materials Security shall be release immediately. 3. WARRANTY SECURITY shall be received by the City prior to being placed on the agenda for City Council. WARRANTY SECURITY CITY COUNCIL MEETING: January 16, 2007 ITEM TITLE: Acceptance of On -site Improvements Associated with Tract Map No. 29053-3, Fiore at Renaissance APPLICANT: Ms. Jennifer James —Trans West Housing, Inc. COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Acceptance of On -site Improvements Associated with Tract Map No. 29053-2, Fiore at Renaissance, Trans West Housing, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 29053-2, Fiore at Renaissance, Trans West Housing, Inc. and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29053-2, Fiore at Renaissance, is located on the north side of Avenue 50 approximately ''/<of a mile to the west of Jefferson Street (please see Attachment 1). All obligations of the Subdivision Improvement Agreement and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of warranty security. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 29053- 2, Fiore at Renaissance, Trans West Housing, Inc. and authorize staff to release performance securities upon receipt of warranty securities; or 2. Do not accept the on -site improvements associated with Tract Map No. 29053-2, Fiore at Renaissance, Trans West Housing, Inc. and do not authorize staff to release performance securities upon receipt of warranty securities; or 3. Provide staff with alternative direction. Respectfully submitted, dm othy R. Jo Public ks ' ector/City Engineer Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security ( - ing ATTACHMENT - I TRACT MAP No. 29053-2 FIORE AT RENASSIANCE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: January 16, 2007 ITEM TITLE: Acceptance of On -site Improvements Associated with Tract Map No. 29053-2, Fiore at Renaissance APPLICANT: Ms. Jennifer James — Trans West Housing, Inc. ATTACHMENT - 2 TRACT MAP No. 29053-2 FIORE AT RENASSIANCE ON -SITE IMPROVEMENTS 1. Performance Security shall be released immediately upon City Council acceptance. 2. Labor & Materials Security shall be release immediately. 3. WARRANTY SECURITY shall be received by the City prior to being placed on the agenda for City Council. WARRANTY SECURITY CITY COUNCIL MEETING: January 16, 2007 ITEM TITLE: Acceptance of On -site Improvements Associated with Tract Map No. O 5 29053-2, Fiore at Renaissance APPLICANT: Ms. Jennifer James — Trans West Housing, Inc. c�+of it169� Performance sewrtty' Im meM Description Labor & MateNals2 Current Amount Proposed Reduction WARRANTY AAIOUNTs Grading $11,060.00 $11,060.00 90% $1,106.00 Street Improrernents $143,658.00 $143,658.00 80% $14,365.80 Domestic Water $87,530.00 $87,530.00 90% $8,753.00 Sanitary Sewer $51,644.00 $51,644.00 90% $5,164.40 Utilities $104,550.00 $104,550.00 90%$10,455.00 Monumentation $5,400.00 $5,400.00 100% $0 Standard Contingency 10% $48,461.04 $48,461.04 100°i6 $0 Professional Fees, Construction 10% $40,3t14.20 $40,3ti4.20 100% $0 No Plans Contingency 25% $40,384.20 $40,3t14.20 100% $0 Totals $633,071.44 $533,071.44 — $3940. ,820 cE`y OFQW`' COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Adoption of a Resolution Granting Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 34243, Pasatiempo, Madison 58" La Quinta, LLC. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 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. 34243, Pasatiempo, Madison 58' La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 34243 is generally located north of Avenue 58 and west of Madison Street (see Attachment 1). This residential development will consist of 70 numbered lots on approximately 20.1 acres (see Attachment 2). On May 16, 2006, the Council approved Tentative Tract No. 34243. 9 On October 17, 2006, the Council conditionally approved the Final Map and Subdivision Improvement agreement but the developer did not submit the bonds and final map during the conditional period. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2). To date, the SIA (Attachment 3) has been executed by the developer C. 19^ and the associated securities have been received. The Final Map is technically complete. 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 technically correct Final Map, suitable for recording by the County Recorder. Upon City Council approval, 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. 34243, Pasatiempo, Madison 581" La Quinta, LLC.; 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. 34243, Pasatiempo, Madison 581" La Quinta, LLC.; or 3 Provide staff with alternative direction. Respectfully submitted, 4mo thy R J na s P.Elic Work Dir tor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement r 193 J RESOLUTION NO. 2007-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING FINAL MAP APPROVAL OF TRACT MAP NO. 34243, PASATIEMPO, MADISON 58TH LA QUINTA, LLC, 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 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 34243 is approved. 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. Resolution No. 2007- Tract Map No. 34243, Pasatiempo Adopted: January 16, 2007 Page 2 Section 3. 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 161h day of January, 2007, 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: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California C 195 ATTACHMENT 1 AVENUE 52 VICINITY MAP NOT TO SCALE 196 ATTACHMENT 2 SHEET 1 a• 8 SNEE71 N THE CRY OF A pY1q COQTY Of AMRSAE, STATE OF 0"01 1A RETD WEAT N* 0 TRACT NO. 34243 A IN" E OF BEND A SUBMM OF THE EAST WIIF OF THE F/ST HALF OF THE SOUOOIEST OWRM OF THE SOIIIIEAST WARER AND VT BRIM OF ME ON OF u 0. THE WEST, HALF OF TE TEW WILF OF TE 59MEAST OUWRIER OF 7 E SQRIM QYRIER OF SiL' M 29. NO TONISHP S SOVIH. PENCE 7 PAW. SAN 8E 1MM Bk% MOBIN A RASRSUE 0MN1Y, C YMM FEE INS COHSIUM WY, 2005 GMY W. DOM 1SI893 loam W WARD. =NM RECORMER 8 DEPUTY YA.. GIWLWIEE BY SR.WAYI r111F a C49rN19h MC OIAEOS SfATEIENT WE HENTlY SLATE TYT WE NS TIE OWNERS CG TIE UND INCLLOm MINOR M SUMPASON SNOWN IEHEgi TWT WE NR ME BEY PD6M5 MI03 CCNSENI 6 NEC'FSV TO PASS A CIEµ TOME r0 SND LAND. TMr WE WNSENT TO ME MMf16 AID REWWANB OF NIS SUBgMSION AS SNJDNN WITHIN ME INSIMME BINDER LNE WE HEIEBY DEMD E TO ME M DE IA OU NrA LOT A (ANNUE 58) FOR RABIC STREET NA ILIUM PURPOSESAs SNOWS HEREON. AS A CONDITION OF DEDIaTON OF LOT A UL'ENLE 5B) ME D.,," DE LON n L J. N. AND L raTND TES HnMAY AND M slut TYE wu N AA NO RIGHTS OF XT3M ONSET THE GETWEI FµfIENE OF MAL µD EMINENCY MMSS ILGTMM'S. Nm CHVFE OF 41CWIEMT OR WNM MAL RESULTS M TIE vPIATNNI TERECE s TERI MIS CoxomoN a MaS& WE HDEBY a01G1E TO ME CITY OF U DJIMA NI EAYTIFM FOR PJ&IC MIMES AND FOR NORESS AMS EGRESS BE SEROM AND EIFAaNLY WN.1ES 0.91 MOSS AAFAS DEWi HIED LOTS B N ME MNED M RRMATE SRFEM. AND FOR GW �YS FOR OURS. ASSIOEM MD LOr OWNERS WIMM M6 TEXT WE IEREOR DEDBODE TO ME MY CF u CNMA PUBLIC IIOM DOSIMETERS AS SOWN HEREON WF MHEBY DETONATE 10 ME DIN OF LA WMA AN EASEMENT FOR OFFN SPM£. SIOSWV _N, RECREATICNLL AND PI UTILITY PURPOSESAS SOWN HEREON WE MEMBER OFFER FOR C6YA10X r0 THE COYJIEL.E VALIkr WATER DIFNWI .. FASEYENIS FOR WYEYIIC W ITER AND yWDTATON PURPOSES DOW 196 8 TYtCWI 0 MUMME, C64NTB AS "AMATE S1NEEf OR 'PROVE ACCESS ME EIS OANIS SO BMaIED INCLUDE ME RIGHT r0 ENTER WON SUB VIDS To SuNI tlNSTRUYT. RLCgISTNCi. UTRELYMMNTMR CPENSR CMTD0. USE µD NOISOME MP6RES. FIXTURES µ0 I➢NAIEWWCB. µD TO WORSE OBIELIS MIF%4VD MEN ME DYl51MNTFJ , q£NTGR MD IIMIIIFIVIWi M. 77 THIS WAR INS MSPµm BY ME 0 UNDER MY DREG AND 6 &Y UPON A FEW .L N CgECQYla:E VIN ME REWIRTH ELENIS CP E SM. MUP MT AND LCCLL EPDNYSE AL M flEpE51 6 WD6g1 S4M IA OUNiA LLC. M WY 30.'9. I XEREBt sTAIE MINT NL BE SET IN µE CF TE S BON ER µD AR OF ME POMM: A BLYfAL S C8 ttAl MEY HILL PE Fc N TOCH PoLE ME NTWN ONE TEAR OF ED I NETRN: VA MI SVO FRNUL NISI ARE wfFIC4rt ro EW9l MS ME r0 T RNULY PT ED TE VAX TINT lx6 FIWL W° wmTµIWLY WNFORYs ro ME cONgiWWLLr MPRU4D TENfA1NE WP wIE . 300G k'}�MUAV d a fMY N Oq(IM LS 1693 IXP. 9/Y)/01 t y I_Nm f CRY SIAAEYORS STAEYENT HERFHY STATE TMr IESWNm TIE NSHM WP 6 1T:N, xo x. 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DWiSCN, RCE M ASWJ EW IE/JI O5 POND WORMS OMECICI(/CM BOMEER CITY C£ U GWNA L d ME 5 OVEX CM OERK AND IX -OFFICE CIERS OF ME CM DOUROL OF M CITY OF L, OIMTA C/,UFgINA HERBY STATE NK YD FM CWNCL AT OS REGUUR YFEIMC HELD M ME _MY OFM. APP4N2D ME MMN W➢ OF MXT WP NO 3431J. N9 ADMITTED ME OFOI'MON OF LOT A (MFMUE 55) FOR PV 15TRE1 ARE UTNY PURPOSES SUBJECT TO WPRQ941A15. µ0 XMPTED ME AHJLIER'S WG1R OF 9MSY. ME CEDGIDN OF EASEMENTS FOR FIRM JTMES, ME WONT TO INGRESS MA EGRESS OF SB.10E µ0 ONES. YMN1B NER LOTS B MROUW C NKIU. AAD ME EASEHEAE FOR OFTEN yM{ SDESSM." RECNA . MO PURI YNMY PLNPUES AS WHMN NE. JWE 5 GHFN CITY CLERK AND EX C CI➢IX DEN" TIE OT CWRM CITY OF u DIM TA I MFREm MJEMf THMT UNDER ME µTIORRY GPANNO TO WE BY ME TONS OF CWECILNS OF rI RHRYL 6RFNILE BE SUMS ISS RETCWfWMR NO 15-R SMS .THE EDI K" OF KCET OR 9ElWf OF 5N0 ER KXH, NS SYCE1YAs W A54]I5, LIE DELYf/.IICa W FASFYFMS FOR EIEaRILM POWER FM'llnEs As oFII]ED. IWM MTA B BRAD LUCYEY. 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X1 s� h7 lad m S41 .m ao 11 101 OS 130 ,[L•t yC 19tFtl 11.9[ OI-Ix� Yarncd Ki" —fi .p 1 zl al xl h k e a I � "- o� J o .6L Ml ,1 PY 8 .591 1 ll.Cl XJS.WH M_ '� �9W-41N I �1X1Y21 M � Svl• /xSlSla x Rrt I 9LR al I� w A I I ZC al A[ 14 Syl 1.N JI l.f l➢X a ,W» �p.6629 X .Wt s'.I a9a Y scla X J 0711 s.ila x .n n t ea I9 a .S tl .SAI Ys a x 6L 9511 .a 11 J .W02 3.519YE9 N ASn ya zam Y sl.nn x .6L R _ ■ Ln-� del -- Ao-X 'a 1B4n av sva�tlSay[Ic�(c�l-,a1'Zlao��a�AlAA-66v(( . ,a 101 O � ttj I N L86OE 'ON ioyd-L 2 o� ATTACHMENT 3 CITY of LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.34243 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between MADISON 58TH LA QUINTA, LLC A 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. 34243 (the "Trail") 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 fumish 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 Subdividers 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 Gass 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 Gass 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 fumish 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 ti@rtrby 203 secured. T.1DsvebpmaM S".w DhswMDsv4.nl P,l %Ayi"s,nsnk4SIAS m Pm.sAP.sb..po TM N243WPFSITE_SI&d 1of7 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 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 warrfnty 204 T.D Yelop nt Semms Dms,on\De lWment P,qeo \AW mwWt SIA%Ks m Pro mslPmafi , TM 34243WFFSITE_SIA.dm 2ot7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final r f) O!' 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 T?Development Semms Dnniion\Development P"eo greementASIA\SIAs in Progress\Pesegen p TM W43\OFFSITE_Slxdm 3 dT 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, at 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 requiired 206 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. T:\Devebpmenl Semms Dms,on0evelopment Pmlects gmemenls\SIA\SIAs in Pm ms\Pesstlempo TM U243\OMITE_Slkdw 4 d 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Imorovement 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. G C 207 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. T\De 4irnenl Samms DrvisionWevelwnm nl Pmjecls\AgmeniwkkSIAl4 in Pn mssTasahemp TM 342431OFFSITE_SIA.dee 5 d 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78495 Caile Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Principal Address MADISON 5eH LA QUINTA, LLC. 2 PARK PLAZA; STE 800 IRVINE, CA 9261 By: e Title: //JJ �j��4 Date By: _ Date Title: Reviewed and Approved: City Engineer Date Approved as to Form: I._ City Attorney Date J - 0�08 T'1Dev lopment SeMm OwiinwtDewlapment Pmec \Agmeme WSIA\S in PmgmssTmafiempo TM U24=FF51TE_SIA dm 6o17 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On October 2, 2006 before me, Marianne Allen, Notary Public, Personally appeared Thomas P. personally known to me to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helsheltheexecuted the same in hisA;eFAheif authorized capacity{ies}-and that by his/he#th& signatures) 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. �� r44-6m Notay Pdx6-- cawwft n�rc mr�0'e�re�°'ci� zoos Signature (NOTARY SEAL) C 209 Exhibit A OFF -SITE SECURITY — TRACT MAP NO.34243 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 $ 295,426 $ 295,426 8' Meandering Sidewalk $ 29,181 $ 29,181 Signing and Striping $ 5,765 $ 5,765 Storm Drain $ 12,510 $ 12,510 Domestic Water $ 45,150 $ 45,150 Sanitary Sewer $ 1,500 $ 1,500 Perimeter Landscaping $ 50,342 $ 50,342 Perimeter Wall $ 150,360 $ 150,360 Totals $ 590,234 $ 590,234 Standard 10% Contingency $ 59,023 $ 59,023 Total Construction Cost $ 649,257 $ 649,257 Professional Fees & Plans, Design 10% $ 64,926 $ 64,926 Professional Fees, Const 10% $ 64,926 $ 64,926 Bond Amount 779,108 "I't11CON 779,108 179t A 210 T.\Develoinn"t Services D %$10n\DeVd0Pment Prgec \Agreements\SIASIAs in ProgreWPa"ti mpo TM 34243\0FF8ITE_SIA.eoc 7 of 7 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.34243 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 1 20 by and between MADISON 58TN LA QUINTA, LLC. A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quints, 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 Quints, County of Riverside, which unit of land is known as Tract No. 34243 (the "Tract") pursuant to the provisions of Section 66410, at 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 fumish 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 Securitv. 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 tls@reby 11 secured. T 0evelapmenl Services Dlviswn�Developmenl ProjeclslAgwemerWSIXSIAs in ProgressTasatiempo TM 3424MONSITE SIA doc Id7 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 initia(y I 2 12 submitted and for substitution of securities but shall not be required for submittal of warrant T \Development Services Division'De"iopment PmjeLt Agmemente\SIA\SIAs in Pregmss\Pasatiempo TM 34243\ONSITE_SIA Eoc 2 d T security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall ,guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the'tlnd 213 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 T Tewlopment Services DMsbnZev lopment PmJedsWgreemenW\SIA\SIAs m ProgmssWasabempo TM 34243QNSITE_51A Eoc 3ofT security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Recuired. 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, at 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) r• 214 not previously submitted. TADew1opment SeMms Division\DeWopment Pmjeds\Agmements\SIA\SIM in Prognns\P tmmpo TM 34243\ONSITE SIA.tloo 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Imorovement 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 t&G e2 i5 heirs, executors, administrators, assigns, and successors of the parties hereto. TADe Iopment Seances Division\Development ProjedMgne rnent kSIA\SIAS In Progmss\Pasahempo TM 34243\ONSITE_SIA.dm 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Principal Address MADISON 58TH LA QUINTA, LLC. 2 PARK PLAZA STE 800 IRVINE, CA 92614 Date J By: 1690� 9 1a ^n� Date Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date GO 216 T:\Dewlopmenl Ser s Di,nsion\Dewbpmen[PmleclsWgreem.WSIA\SLAs In Progm"\Pasahempo TM 34243\ONSITE_SIA doc 60(7 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On October 2, 2006 before me, Marianne Allen, Notary Public, Personally appeared Thomas P. personally known to me to be the person(s) whose name(e) Wafe subscribed to the within instrument and acknowledged to me that he{sheAhey executed the same in hWhegheiauthorized capacity(k*,-and that by his4;erEth& signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. i #1 MVCbMrM,E Fftj 2= Signature '-/AaAAaz&�✓ (NOTARY SEAL) 3 u 217 Exhibit A ON -SITE SECURITY — TRACT MAP NO. 34243 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 Rough Grading/PM10/SWPPP $ 1,355,694 $ Street $ 312,893 $ Signing and Striping $ 7,972 $ Storm Drain $ 235,566 $ Domestic Water $ 219,560 $ Sewer $ 180,950 $ Dry Utilities $ 175,000 $ Monumentation $ 25,000 $ Totals $ 2,512,635 $ Standard 10% Contingency $ 251,264 $ Total Construction Cost $ 2,763,899 $ Professional Fees, Design 10% $ 276,390 $ Professional Fees, Const 10% $ 276,390 $ Bond Amount $ 3,316,678 31314)679 oU 218 T Tevelopment Semces DivisionTevelepment Pmlecws AgmemenLXSIASIAs in Pmgnm;MPasathnn oTM 34243\ONSITE_SIAAoc 7 of 7 Twyof 4 4 a" COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Adoption of a Resolution Designating Portions of Sidewalk on Washington Street as a Shared Bicycle and Pedestrian Route RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council Designating Portions of Sidewalk on Washington Street as a Shared Bicycle and Pedestrian Route. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: One of the goals of the Traffic and Circulation Element in the La Quinta General Plan is to encourage pedestrian and other non -motorized modes of transportation. The provision of sidewalks, bike lanes and multi -use trails is especially important on arterial roads in the community. The existing roadway configuration on portions of Washington Street will not allow for the installation of a standard, on -road bicycle lane that would be safe for cyclists and motorists. Therefore, the City's Traffic Engineer recommends that portions of the easterlly Washington Street sidewalk from Highway 111 to Fred Waring Drive, G hq (Attachment 1) be designated as a shared bicycle and pedestrian route. The municipal code requires that shared facilities be designated as such by the City Council. Specifically, Section 12.64.042 permits the City Council to authorize shared use in a resolution and that the shared use is then authorized once the Public Works Department has posted the necessary signage. Staff recommends adopting the attached resolution in order to designate such a facility. If the resolution is approved, the Public Works Department will post signage where needed to give the public notice of the joint use. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council Designating Portions of Sidewalk on Washington Street as a Shared Bicycle and Pedestrian Route; or 2. Do not adopt a Resolution of the City Council Designating Portions of Sidewalk on Washington Street as a Shared Bicycle and Pedestrian Route; or 3. Provide staff with alternative direction. Respectfully submitted, n� Ti othy R. o sso , P.E. ublic Works irec o /City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 0C 220 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DESIGNATING PORTIONS OF SIDEWALK ON WASHINGTON STREET AS A SHARED BICYCLE AND PEDESTRIAN ROUTE WHEREAS, the existing roadway configuration on portions of Washington Street will not allow for the installation of a standard, on road bicycle lane that would be safe for cyclists and motorists; and WHEREAS, the California Vehicle Code authorizes cities to regulate operation of bicycles on public sidewalks; and WHEREAS, in accordance with the provisions of Section 12.64.042 of the La Quinta Municipal Code, said designation shall be made by resolution; and WHEREAS, the City Council finds it appropriate to designate portions of sidewalk on Washington Street as a shared bicycle and pedestrian route to encourage non -motorized modes of transportation. NOW THEREFORE, the City Council of the City of La Quinta DOES HEREBY RESOLVE: SECTION 1: The City of La Quinta does hereby designate portions of the easterly Washington Street sidewalk from Highway 111 to Fred Waring Drive as a shared bicycle and pedestrian route once the Public Works Department has posted the signage notifying the public of the shared use of the sidewalk. Cr 221 Resolution No. 2007- Designating Portions of Washington Sidewalk On Washington Street as a Shared Bicycle and Pedestrian Route Adopted: January 16, 2007 Page 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 161" day of January, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California GC' 222 Attachment 7 Vicinity Map Limits Eisenhower Dr. La Quinta Hotel City Hall 1-10 Fred Waring Miles Ave Hwy 111 Ave 50 Calle T CC 223 NOF F COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Approval to Award a Contract to American Asphalt South, Inc. to Construct the Fiscal Year 2006/2007 Slurry Seal and Restriping Program, Project Number 2006-01 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1a STUDY SESSION: PUBLIC HEARING: Award a Contract in the amount of $748,889.00 with American Asphalt South, Inc. to construct the Fiscal Year 2006/2007 Slurry Seal and Restriping Program, Project Number 2006-01. FISCAL IMPLICATIONS: The project is included within the Public Works Department Operational Budget for Fiscal Year 2006/2007. An amount of $860,774 (Account Number 101-7003- 431.34-04) is available for this work. This account also provides the funds for the update of the City's Pavement Management Program which City Council approved in the amount of $37,600. This leaves a current account balance of $823,174 for this project. The project budget is as follows: Inspection/Testing/Survey: $58,038 Construction: $748,889 Contingency: $16,247 Total: $823,174 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In 2003, the City Council directed staff to implement an Annual Pavement Preservation and Maintenance Program (PMP) maintaining an average PCI rating of 80 or better. 224 The PMP is a Citywide survey that includes visual inspections of each City maintained street and a street inventory, which includes street widths, lane widths, number of lanes, functional classification, date and type of construction, as well as last known surface treatment. The First Slurry Seal Project was completed in January 2005 under the PMP. This project is the second project that is utilizing the PMP to maintain high quality streets within the City of La Quinta. This project will slurry seal just under 5 million square feet of street surface and provides for restriping the streets after the slurry seal is complete. If necessary, streets that are not slurry sealed will also be re -striped as part of this project. On November 7, 2006, the City Council approved the project specifications and bid documents and authorized staff to advertise for bid the Fiscal Year 2006/2007 Slurry Seal and Restriping Program, Project Number 2006-01. Attachment 1 is a list of the slurry seal and striping locations associated with this project. On December 7, 2006, three sealed bids were received for the construction of this project. Attachment 2 is a summary of the bids received and compares the bids to the engineer's estimate. American Asphalt South, Inc. submitted the lowest responsive bid in the amount of $748,889.28 for a conventional slurry seal which is 10% below the engineer's estimate. An additive alternate for rubberized slurry seal was also included in the specifications. Due to high bids for this alternate, staff does not recommend including rubberrized slurry seal in this project. Contingent upon City Council approval to award a construction contract on January 2, 2007„ the: following is the project schedule: City Council Awards Construction Contract January 16, 2007 Sign Contracts and Mobilize January 3 - 31, 2007 Construction (45 days) February — March 2007 Accept Improvements April 2007 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a Contract in the amount of $748,889.00 to American Asphalt South, Inc. to construct the Fiscal Year 2006/2007 Slurry Seal and Restriping Program, Project Number 2006-01; or 2. Do not award a Contract in the amount of $748,889.00 to American Asphalt South, Inc. to construct the Fiscal Year 2006/2007 Slurry Seal and Restriping Program, Project Number 2006-01; or 3. Provide staff with alternative direction. Respectfully submitted, mothy �J J son, P.E. Public Works erector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. List of Slurry Seal & Striping Locations 2. Bid Comparison Summary 226 Attachment 1 SPECIFICATIONS CITY PROJECT NO.2006-01 FY 06/07 SLURRY SEAL AND RESTRIPING PROGRAM CITY OF LA QUINTA, CALIFORNIA PREPARED BY: CITY OF LA QUINTA DEPARTMENT OF PUBLIC WORKS 79 495 CALLE TAWICO P.O. BOX 1504 LA QUINTA, CA 92253 (760) 777-7075 November 2006 APPROVED BY: DATE: 1r/3'06 o IZLLa� T mothy R ssou UBLIC W CTOR / CITY ENGINEER R.C.E. No.45843 Ezp Date: 12/31/06 G 227 PROJECT LOCATIONS AND LIMITS STREETNAMF. LANE S FROM TO SQUARE FEET Adams Street NB/SB Hwy 111 nls Westward Ho Drive 102,600 Adams Street NB/SB Miles Ave rds La Palma Drive s/s 98,475 Adams Street NB/SB La Palma Drive sls Fred Waring Drive s/s 48,300 Alden Circle EB/WB Seeley Drive End 20,880 Arbola Circle EBIWB Frontema Drive COS 13,719 Arosa Way Villeta Drive s/s to Palma Drive n/s 10,080 Arose Wa La Palma Drive s/s Sanita Drive n/s 10,440 Ashley Place EB/WB lCarrie Lane els Ashley Way e/s 28.800 Ashley W'a NB/SB Ashley Place rds Desert Stream Drive s/s 7,740 Ashwood Court NB/SB Bayberry Avenue s/s COS 8,559 Avenida Alvarado NB/SB Calla Durango rds Cage Sinaloa s/s 19,840 Avenida Alvarado NB/SB Calla Sinaloa n/s Avenida Montezuma s/s 20,800 Avenida Alvarado NB/SB Avenida Montezuma n/s Calla Yucatan s/s 12,800 Avenida Carrara NB/SS Cage Durango Ns Calla Sinaloa s/s 19,680 Avenida Carranza NB/SB Calla Sinaloa n/s Avenida Montezuma s/s 38,400 Avenida Carranza NB/SB Avenida Montezuma n/s ICDS Avenida Cortez NB/SB Calla Duran We Cage Sinaloa sls Avenida Diaz NB/SB Cage Dura nls Cage Sinaloa s/s Avenida Diaz NB/SB Cage Sinaloa n/s Avenida Montezuma s/s Avenida Diaz NB/SB Avenida Montezuma n/s Calla Yucatan s/sAvenidaJuarez E22 NB/SB Calla Dura n/s Calls Sinaloa slsAvenida.Juarez NB/SB Calls Sinaloa n/s Avenida Montezuma sIsAvenida Juarez NB/SB Avenida Montezuma nls Calla Yucatan slsAvenida La Fonds EBM/B Desert Club Drive e/s Washi Street w/s , Avenida Madero NB/SB Cane Durango rJs Calla Sinaloa s/s 20,460 Avenida Madero NB/SB Calla Sinaloa nls Avenida Montezuma s/s 9,900 Avenida Montezuma NB/SB Calls Ensenada s/s Calla Durango nls 39,750 Avenida Montezuma NB/SB Cage Durango nls Avenida Rubio w/s 64.050 Avenida Montezuma EB/WB Avenida Rubio wls Avenida Carranza w/s 37,120 Avenida Montezuma EB/WB Avenida Carranza wls Eisenhower Drive w/s 47,175 Avenida Montezuma EBIWB Avenida Juarez w/s Avenida Alvarado w/s 30,400 Avenida Morales NB/SB Avenida Montezuma sls Calla Durango nls 19,200 Avenida Obregon NB/SB Cage Dura n/s Calla Sinaloa sls 19,840 Avenida Obregon NB/SB Cage Sinaloa n/s Avenida Montezuma s/s 28,000 Avenida Obre on NB/SB Avenida Montezuma nls Avenida Montezuma res s 2,880 Avenida Obregon NWSB Avenida Alvarado wls COS 18,763 Avenida Ramirez NB/SB Cage Dura n/s Calla Sinaloa s/s 19,520 Avenida Ramirez NB/SB Cage Sinaloa n/s Avenida Montezuma sls 41,120 Avenida Ramirez NB/SB Avenida Montezuma n/s COS 22,624 Avenida Rubio NB/SB Cage Dura nls Calla Sinaloa s/s 19,680 Avenida Rubio NB/SB CanSinaloa Ns Avenida Montezuma s/s 17,120 Avenida Rubio NB/SB Avenida Montezuma n/s Calls Yucatan s/s 19.680 Avenida Valle NB/SB Calla Durango nls Calla Sinaloa s/s 20,625 Avenida Valle NB/SB Calla Sinaloa n/s Avenida Montezuma 42,735 Avenida Valle' NB/SB Avenida Montezuma Ms COS 24,340 Avenida Velasoo NB/SB Calls Sonora s/s Calla Durango n/s 118,400 Avenida Velasoo NB/SB Calls Durango s/s Calla Sinaloa Ms 19,840 Avenida Velasoo NB/SB Avenida Montezuma n/s COS 23,549 Avenue 47 EBIWB Washington Street els Adams Street w/s 108,145 Bayberry Lane EBIWB Coldb rook Lane els Deerbrook Lane w/s 30,600 Bayberry Lane EB/WB Deerbrook Lane els Sunbrook Lane w/s 7,920 BsLanai EB/WB Sunbrook Lane e/s Adams Street w/s 4,680 Bk)chcrest Grde NBISB Bayberry Lane n/s Bayberry Lane n/s 44,800 Blazing Star Lane NB/SB Star Flower Trail n/s Buttercup Lane wls 38,160 Blazing Star Lane EBlWB Buttercup Lane w/s Dune Palms Road e/s 29,520 Bradford Circle Seeley Drive End 23,040 Bri tt�3 WaYWay N 3/SB Desert Stream n/s Miles Avenue s/s 54,000 Cr 228 Page 1 Butters r Lane NB/SB End Blazing Star Trail Ns 14,400 Butters r Lane NB/SB Blazi Star Trail s/s Mangold Lane Ns 13,440 Calico Circle NB/SB Bla=2 Star TreilNs CDS 19,159 Calla Durer NB/S8 Eisenhower Drive e/s Avenida Bermudas w/s 40,000 Calls Guatemala NB/SB Avenida Nuestra Ns Avenida La Fonda s/s 19,840 Calla Hidalgo EB/WB Avenida Obregon e/s Avenida Carranza wls 7,200 Calla Hidalgo EBIN/B Avenida Carranza e/s Avenida Ramirez w/s 7,040 Calla Hidalgo EB/WB Avenida Ramirez e/s Avenida Vall w/s 7,040 Calla Hidalgo EB/WB Avenida Valle e/s Avenida Herrera w/s 7,040 Calla Hidalgo EBIWB Avenida Herrera e/s Avenida Velasco w/s 7,040 Calla Hidalgo EB WB Avordda Velasco e/s Eisenhower Drive w/s 7,040 Calla Hueneme NB/SB Avenida Nuestra Ns Avenida La Fonda s/s 19,840 Calla Iloilo NB/SB Avenida Nuestra Ns Avenida La Fonda s/s 19,840 Calla Jaaumba NB/SB Avenida La Fonda s/s Avenida Nuestra Ns 19,840 Calla Kalima NB/SB Avenida Nuestra Ns CDS 22,999 Calla Ta im EBIWB Eisenhower Drive a/s Avenida Bermudas w/s 77,880 Cane Yucatan ITVOnWa Alva -redo w/s Avenida Juarez e/s 27,040 Cameo Palm Drive Singino Palms s/s Hi and Palms r>!s 55,680 Camino Azul NB/SB CDs Camino Rosada Ns 33,230 m Caino 19 Oro EB/WB CM.oWOo Drive w/s Camino Azul e/s 21,600 Camino to C I`osta NB/SB Camino Del Oro Ns CDS 16,439 Canterra Dmre EBN-VB Oc bllo Drive e/s CDS 14,999 CaMemaDrive EBIWB 3co811oDrivew/s 20,480 Camren Place NB/SB Villeta Drive Ns 12,525 Comes Circle E13MB SeeleyDrive 19,800 Carrie Lane NB/SB Victoria Drive s/s /s 18,900 C Court EBIWB Debbie Drivew/s RR 14,679 Cddbrook Lana NBISB Miles Avenue s/s e Ns 5,400 Coldbrook Lane NBISB Sunbrook Lane s/s urt Ns 57,060 CresMew Terrace NWAS Hi IarM PalmsI Ns 13,160 Cristd Place NB/SB Vigeta Drive CDS 10,125 Dalea Circle NB/SB Blazing Star Trail CDS 16,919 Debbie Drive NB/SB Victoria Drive Ns Kristen Court Ns 40,320 Desert Air Drive NB/SB Desert Stream Ns CDS 43,279 Desert Crest Ddve EBAVB Desert Air e/s Dune Palms Road wls 42,180 Desert E ie Court NB/SB Desert Stream CDS 20,480 Desert Fox Drive NB/SB Desert Stream Ns Desert Crest Drive s/s 27,750 Desert Fox Drive NB/SB Desert Crest Ns CDS 16,480 Desert Hills Court NB/SB Desert Crest Ns CDS 16,640 Desert Rod(Court EBIWB Desert Fox w/s CDS 18,679 Desert Sand Court NB/SB Desert Crest Ns CDS 16,480 Desert Stream Drive EBM(B Dune Palms Road w/s -Way Bridged Way w/s 52,355 Desert Stream Drive EBMB NRRjette w/s Carrie Lane e/s 38,480 Desert View Court NBISB Desert Crest Ns CDS 16,480 Desert Wind Gwrt EBIWB Desert Air e/s CDS 19,959 Diane Drive EBANB Bridgette Way w/s Debbie Drive e/s 22,755 Diane Drive EBNVB Debbie Drive w/s CDS 11,200 Eisenhower Drive Calla Madrid s/s Avenida Bemudas Ns Eisenhower Drive NB/SB Avenida Montezuma s/s Calla Sinaloa s/s 83,040 Eisenhower Drive Calla Sinaloa s/s Calla Nogales s/s Eisenhower Drive Calla Nogales s/s Calla Colima Ns Eisenhower Drive Calls Colima Ns Cage Madrid sls Forbes Circle Seeley Drive els Via Coronado e/s 29,880 Foxtall Circle NB/SB Buttercup Lane s/s CDS 17,879 Fred LAMng Drive EB Jefferson Street We Dune Palms Road We 185.500 Fred Waring Drive I Palm Royal w/s Washington Street e/s 114,375 0C 229 Page 2 Fronterra Drive NB/SB Ocotillo Drive ds Laderra Goldenrod rirde NB/SB Buttercup Lane Ns CDSHI hland Palms EBM/B Washin ton Street w/s EndIris Court EBM/B Blazin Star Trail w/s CDSIrwin Circle EBM/B North Hadand Drive M1,4 CDSKara in EBM/B Bri ette Wa w/s CDSKa ourt EBMIB Debbie Drive w/s CDSKdsten Court EBM/B Debbie Drive w/s CDS La Palmas Drive EBM/B Adams Street w/s Las Vistas e/s 57,600 La Palma Drive EBM/B Camino Azul w/s Adams Street e/s 6,446 Ladera Drive EBM/B Los Manos Drive w/s Fronterra Drive n/s 12,600 LaderaDrive EBM/B Fronteffe Drive End 18,360 Lake La Quinta EBM/B Washi Street Caleo Ba g 560 Las Vistas Drive NB/SB Fred Wari Drive s/s Vlleta Drive Ns _ 28,690 Las Vistas Drive NB/SB Vigete Drive $/a Sanity Drive Ns 22,140 Lab Grade EMS Los Manos Drive e/s CDS 12,439 Laurie Court EBMB B ette Wayw/s CDS 16,119 Los Maras Drive NB/SB Miles Avenue Ns Ocotillo Drive e/s 33,600 Lowe Drive EBMlB Seel Drive w/s North Hadand Ddve w/s 30,240 Malls Circle NB/SB Ladera Drive CDS 8,919 Mar rite Court NB/SS Star Flower Trail Ns CDS 16,279 Mari old Lane NB/SB Blau Star Tras/ s/s Buttercup Lane als 31,200 Mari a Court NB/SB Blazi Star Trail Ns CDS 17,P39 Mil o Drhre NB/SB Canterra Drive a/$ Obo6110 Drive Ns 11,200 Nolan Circle EBNVB Nor HaHadand Drtve CDS 22,694 North Harland Drive NB/SB Miles Avenue Ns West Harland Drive srs 36,000 Pala C'sde NB/SB Canters Drive s/s CDS 7,639 Park Avenue NB/SB 2rL"e Tam 'co Ns B' Hom Trail Ns 109,200 ParMxook Count EBM/8 Birchcrast Circle w/s CDS 11,405 Ramblewood Court EB/WB Sunbm&Lane End 13,719 Saffron Court NB/SB Star Flower Trail Ns CDS 16,279 Sandia Drive NB/SB Arosa Wa s/s CDS 65,039 Sonesta W� NB/SB V stale Drive Ns VURa Drive Ns 40,320 Sp n Ixndr Court NB/SB Sunbrook Lane Ns CDS 7,799 Star Flower Trail EBM/B Dune Palms Road e/s CDS 46,679 Summefirook 4'ourt EBIWB Coktbrook Lane w/s CDS 6,279 Su Court NB/SB &rchcrest Cdrde Ns CDS 5,376 Sunbrook Lane NB/SB Ba lane sls Ramblewood Court e/s 54,900 Sunbrook Len; NB/SB RaMix wood Court CDS 41,819 Sweetbush Lane NB/SB IButtP Lane Ns CDS 26,919 Tiara Plaoe NB/SB Villela Drive Ns CDS 11,799 Tortola Circe NB/SB Ladera Drive COS 8,759 Verbenia Drive NB/SB star Flower Trail Ns CDS 16,279 Via Caliente EB/WB Via Del Monte e/s End 12,580 Via Coronado NB/SB Forbes Circe s/s CDS 30,119 Via Del Monte NB/SB Via Sevilla s/s Via Caldente $/a 11,655 Via Del Sd NB/SB Via Sevilla Ns CDS 9,584 Via Sevilla EB/WB Via Coronado w/s Washington Street e/s 80,845 Victoria Drive EBM/B Bridgette, Wa w/s Adams Street e/s 42,180 Villeta Drive NB/SB Sanita Drive Ns Sonesta Drive s/s 129,600 Violet Court EBNVB / CDS 16,119 Washington Street NB/SB CN Avenue 50 Ns 205,540 Washin2t2n Street Frontage NB/SB Sin2in2 Palms Ns Highland Palms Ns 54,000 West Harland Drive North Harland Drive e/s Las Vistas e/s 30,060 WiillowGwrt NBISB Bla?jng Star Trails/s CDs 13,879 SeniorCenten'Library [Parking Lot 1 67,560 City Hall _ North Parldnq Lot 20,250 C Hall _ South Parkin Lot i 68,000 Totals 4,974,864 GG 230 Page 3 City of La Quinta Pavement Legend & Striping Areas Location From To Adams Street Avenue 48 Darby Road Airport Boulevard tre Monroe Set Madison Street Alden Circle Seely Drive End Arbola Circle Frontera Drive End Avenida Bermudas Calle Tampico Calle Tecate Avenue 48 Washin ton Street Jefferson -street Avenue 50 Eisenhower Drive Jefferson Street Avenue 50 (EB) Jefferson Street Madison Street Avenuee 52 Avenida Bermudas Madison Street Avenue 53 Avenue 54(1000' West of) Jefferson Street Madison Street Avenue 58 Jefferson Street Monroe Street Calle Tampico Eisenhower Drive Park Avenue Dune Palms Road Avenue 48 Fred Waring Drive Eisenhower Drive Washington Street Avenida Bermudas Fred Waring Drive Jefferson Street Washington Street Jefferson Street (SB) 1,000' N. Ave 48 Ave 50 Jefferson Street Avenue 50 Avenue 54 Jefferson Street Jefferson Street Madison Street Avenue 54 Avenue 60 Madison Street Avenue 50 Avenue 52 Miles Avenue Jefferson Street Washington Street Monroe Street Avenue 53 Avenue 62 Washington Street Avenue 52 Channel Road Washington Street N/B Channel Road Miles Avenue Washington Street N/B Fred Waring Drive Darby Road Washin ton Street (N/B) Miles Avenue Fred Waring Drive Westward Ho Drive Adams Street Dune Palms Road Westward Ho Drive E/B) Dune Palms Road Jefferson Street Arosa Way Villeta Drive Sanita Drive Avenida Navarro Calle Chillon Calle Tampico Avenida Alvarado Avenida Montezuma Calle Yucatan Avenida Alvarado Calle Tecate Avenida Montezuma Avenida Carranza Avenida Montezuma End Avenida Carranza Calle Tecate Avenida Montezuma Avenida Cortez Avenida Montezuma Calle Colima Avenida Cortez Avenida Montezuma Calle Sonora Avenida Diaz Avenida Montezuma Calle Yucatan Avenida Diaz Calle Tecate Avenida Montezuma Avenida Herrera Avenida Montezuma End Avenida Herrera Calle Tecate Avenida Montezuma Avenida Juarez Avenida Montezuma Calle Yucatan Avenida Juarez Calle Nogales Avenida Montezuma Avenida Juarez Calle Tecate Calle Chihuahua Avenida La Fonda (EB) Desert Club Drive Avenida Bermudas Avenida La Fonda (WB) I Desert Club Drive Avenida Bermudas Avenida La Fonda Desert Club Drive Washington Street Avenida La Fonda (EB) lCalle Tamazula Calle Rondo Page 1 GG 231 City of La Quinta Pavement Legend & Striping Areas Location From To Avenida La Fonda (WB) Calle Tampico Avenida La Fonda Avenida La Jarita Calle Quinto Calle Rondo Avenida La Torres Calle Rondo Calle Quinto Avenida Madero Avenida Montezuma Calle Madrid Avenida Madero Calle Madrid Avenida Montezuma Avenida Madero Calle Ensenada Avenida Montezuma Avenida Madero Calle Tecate Avenida Montezuma Avenida Martinez Avenida Bermudas Eisenhower Drive Avenida Martinez Eisenhower Drive Calle Tampico Avenida Mendoza Avenida Montezuma Calle Tampico Avenida Mendoza Avenida Montezuma Avenida Bermudas Avenida Montezuma Calle Madero Eisenhower Drive Avenida Montezuma (EB) Eisenhower Drive Avenida Bermudas Avenida Montezuma WB Avenida Bermudas Eisenhower Drive Avenida Morales Avenida Montezuma Celle Durango Avenida Naran'a Calle Rondo Calle Quinto Avenida Nuestra Calle Kalima Calle Guatemala Avenida Nuestra Calle Rondo Calle Tamazula Avenida Obregon Avenida Montezuma Avenida Montezuma Avenida Obregon Calle Tecate Avenida Montezuma Avenida Ramirez Avenida Montezuma End Avenida Ramirez Calle Tecate Avenida Montezuma Avenida Rubio Avenida Montezuma Calle Yucatan Avenida Rubio Calle Tecate Avenida Montezuma Avenida Tu'un a Calle Quinto Calle Rondo Avenida Tu'un a End Calle Quinto Avenida Ultimo End Calle Rondo Avenida Vallejo Avenida Montezuma End - Avenida Vallejo Calle Tecate Avenida Montezuma Avenida Velasco Avenida Montezuma End Avenida Velasco Calle Tecate Avenida Montezuma Avenida Villa Avenida Bermudas Avenida Navarro Avenida Villa Avenida Navarro Calle Tampico Avenue 47 Washin ton Street Adams Street Blazing Star Trail Buttercup Lane Dune Palms Road Blazing Star Trail Star Flower Trail Buttercup Lane Bottlebrush Drive Washington Street Date Palm Drive Bradford Circle Seely Drive End Bridgette Way Miles Avenue Desert Stream Way Buttercup Lane Blazing Star Trail Marigold Lane CaleoBay Avenue 47 Avenue 48 Calico Circle Blazing Star Trail End Calle Amigo Avenida Bermudas Desert Club Drive Calle Arroba Avenida Montezuma Avenida Bermudas Calle Barcelona Desert Club Drive Avenida Bermudas Calle Cadiz Desert Club Drive Calle Fortuna Calle Chihuahua Avenida Montezuma jAvenida Bermudas Calle Chillon Av enida Montezuma Avenida Bermudas Calle Colima Avenida Montezuma jAvenida Bermudas Page 2 0Ij 232 City of La Quinta Pavement Legend & Striping Areas Location From To Calle Durango Avenida Montezuma Avenida Bermudas Calle Ensenada Avenida Montezuma Avenida Bermudas Calle Estado (EB) Desert Club Drive Avenida Bermudas Calle Fstado (WB) Desert Club Drive Avenida Bermudas Calle Fortuna Desert Club Drive Calle Cadiz Calle Guatemala Avenida Nuestra Avenida La Fonda Calle Gua ama Avenida Tu'unga Avenida Naran'a Calle hidal o Avenida Obregon Avenida Bermudas Calle Hueneme Avenida Nuestra Avenida La Fonda Calle Illoilo Avenida Nuestra Avenida La Fonda Calle Jacumba Avenida La Fonda Avenida Nuestra Calle Kalima Avenida Nuestra Avenida La Fonda Calle Madrid Avenida Cortez Eisenhower Drive Calle Madrid Eisenhower Drive Avenida Bermudas Calle Monterey Avenida Montezuma Avenida Bermudas Calle Nogales Avenida Montezuma Eisenhower Drive Calle Nogales Eisenhower Drive Avenida Bermudas Calle Obis Calle Tampico End Calle Obispo End Calle Tampico Calle Paloma Avenida La Fonda Avenida Nuestra Calle Paloma Avenida Tu'un a Calle Tampico Calle Paloma Calle Tampico Avenida La Fonda Calle Potrero Avenida Madero Avenida Bermudas Calle Quinto Avenida La Fonda Calle Estado Calle Quinto Avenida Nuestra Avenida La Fonda Calle Quinto Calle Tampico Avenida La Fonda Calle Quinto Calle Tampico Avenida Ultimo Calle Rondo Avenida Ultimo Calle Tampico Calle Rondo Calle Tampico Avenida Nuestra Calle :ierena Vista Grande End Calle Sinaloa Avenida Montezuma Eisenhower Drive Calle Sinaloa Eisenhower Drive Avenida Bermudas Calle Sonora Avenida Montezuma Eisenhower Drive Calle Sonora Eisenhower Drive Avenida Bermudas Calle Tamazula Avenida Nuestra Avenida La Fonda Calle Tam ico Washington Street Park Avenue Calle Tecate Avenida Bermudas Avenida Madero Cane Temecula Avenida Madero Avenida Martinez Calle Yucatan Avenida Alvarado Avenida Juarez Cameo Dunes Cameo Palms Drive End Cameo Palms Drive Sin ing Palms Highland Palms Camino Armarillo Ocotillo Drive End Camino Azul End Camino Rosada Camino Del Oro Camino Lavanda Ocotillo Drive Camino Del Oro Ocotillo Drive Camino Azul Camino La Cresta Camino Del Oro End Camino Lavanda End End Camino Rosada Camino Azul 10cotillo Drive Canterra Circle Ocotillo Drive jEnd Page 3 GG 213 a City of La Quinta Pavement Legend & Striping Areas Location From To Canterra Drive Ocotillo Drive Mila o Drive Carmen Place Villeta Drive End Carnes Circle Seely Drive End Carrie Court Bridgette Way End Cloud view Way Summer View Way Desert Fall Way Coldbrook (Lane Miles Avenue End Cortez Lane Roadrunner Lane End Cortez Lane RoudelLane Roadrunner Lane Crestview Terrace Highland Palms Drive Cameo Palms Drive Crystol Place Villeta Drive End Dalea Circle Blazin Star Trail End Date Palm Drive Saguaro Drive Sagebrush Avenue Desert Air Drive Desert Crest Drive End Desert Air Drive Desert Stream Drive Desert Crest Drive Desert Club Calle Tampico Avenue 52 Desert Club End Calle Tampico Desert Crest Drive Desert Air Street Dune Palms Road Desert, Eagle Court Desert Stream Drive End Desert Fall Way Summer View Way Cloud View Way Desert Fox Drive Desert Crest Drive End Desert Fox Drive Desert Stream Drive Desert Crest Drive Desert: Hills Court Desert Crest Drive End Desert Rock Court Desert Fox Drive End Desert Sand Court Desert Crest Drive End Desert Stream Drive Dune Palms Road Desert Eagle Court Desert Wind Court Desert Air Street End Diane Drive Brid ette Way End Estelo Court Villeta Drive End Foxtail Circle Buttercup Lane End Forbes Circle Las Vista Drive Via Coronado Francis Hack Lane Avenida Bermudas End Fro -Rage Road Avenue47 Singing Palms Drive Frontage Road Singing Palms Drive Washington Street Fronterra Drive Ocotillo Drive Ladera Drive Golden Sands Cameo Palms Drive End Goldenrod Circle Buttercup Lane End Hi hland Palms Drive Washington Street End Horseshoe Lane Roadrunner Lane End Hummingbird Lane Fiesta Drive End Iris Court Blazing Star Trail End Irwin Circle North Harland Drive End Kara Court Brid ette Wa End La Palma Drive Adams Street Las Vistas Drive La Palma Drive Camino Azul Adams Street Laderra Drive Fontera Drive End Laderra Drive Los Manos Drive Frontera Drive Lake La Quinta Washin ton Street Caleo Bay Las Vistas Drive Seely Drive Fred Waring Drive Latigo Circle Los Manos Drive jEnd Page 4 234 City of La Quinta Pavement Legend & Striping Areas Location I From To Los Manos Drive Miles Avenue Oxotillo Drive Lowe Drive Seely Drive North Harland Drive Malia Circle Ladera Drive End Mar uente Court Star Flower Court End Man old Lane Blazing Star Trail Buttercup Lane Mangold Lane Blazin Star Trail End Manposa Court Blazing Star Trail End Mila o Drive Camtera Drive Ocotillo Drive Nolan Circle North Harland Drive End North Highland Drive Miles Avenue West Harland Drive Nuevo Drive Los Manos Drive End Ocotillo Dmre Frontera Drive End Ocotillo Drive Adams Street Frontera Drive Pala Circle Camtera Dnve End Palm Garden Place Cameo Palms Drive End Paloma Court Calle Paloma End Park Avenue Calle Tam ico Park Avenue Ramblewood Court Sunbrook Lane End Roadrunner Lane Cortez Lane Westward Ho Drive Roudel Lane Cortez Lane Star Flower Court Washington Street End End Date Palm Drive Saffron Court Sagebrush Avenue Sa uaro Dnve Washin on Street Sa ebrush Avenue Sand Flower Place Cameo Palms Dnve End Sanita Drive Arosa WiY End Seasons Way Calle Tampico Springtime Wa Seel Drive Bradford Circle Miles Avenue See Drive Forbes Circle Bradford Circle Simon Dnve Washin ton Street HighiAmy 111 Singing Palms Drive Cameo Palms Drive Washin ton Street End Cameo Palms Drive Sin in Palms Drive Sonesta Wa Villeta Dnve Villeta Drive Spring brook Lane SummerbrooF Court End S nn time Way Desert Club Drive End Star Flower Trail Dune Palms Road End Summer View Way Sunbrook Lane Spd time Wa Desert Fall Wa Coldbrook Lane End Sunbrook Lane Ramblewood Court Coldbrook Lane Sweetbush Lane Buttercup Lane End Tiara Place Villeta Drive End Tortola Circle Ladera Drive End Verbena Drive Star Flower Court End Vervena Drive Star Flower Trail End Via Caliente Via Del Monte End Via Coronado Forbes Circle End Via Del Monte Via Caliente Via Sevilla Via Del Sol End Via Sevilla Via Sevilla Via Coronado Washington Street Via Tranquillo Vista Grande End Page 5 GG 235 City of La Quinta Pavement Legend & Striping Areas Location From To Victoria Drive Brid ette �Way End Villeta Drive Sanita Drive Sonesta Way Violet COurt Brid ette Way End Vista Grande Jefferson Street End West Harland Drive North Harland Drive Seely Drive Willow Court Blazing Star Trail End Winter Cove Court Summer View Way End Senior Center & Library Parking Lot All Stalls City Hall North Parking Lot All Stalls Ci Hall South Parking Lot All Stalls 00 236 Page 6 City of La Quinta Crack Seal Only Areas Location From To Ave Bermudas Calle Sinaloa Calle Sinaloa Calle Tecate Ave Bermudas Eisenhower Drive Calle Tacate Ave Bermudas Ave Madero Calle Colima Ave Bermudas Ave Montezuma Calle AROba Ave Bermudas Ave Montezuma Calle C5 illon Ave Bermudas Ave Montezuma Ave Navarro Calle Colima Calle Chillon Ave Villa Aalle Colima Calle Bermudas Ave Mendoza Calle Colima Calle Colima Calle Madrid Calle Madrid Ave Martinez Ave Velasco Calle Colima Calle Madrid Ave Herrera Calle Colima Calle Madrid Ave Valle o Calle Colima Calle Madrid Ave Ramirez Calle Colima Calle Madrid Ave Carranza Calle Colima Calle Madrid Ave Obregon Calle Colima Calle Madrid Ave Alvarado Calle Colima Calle Madrid Ave Rubio Calle Colima Calle Madrid Ave Diaz Calle Colima Calle Madrid Ave Juarez Calle Colima Calle Madrid Ave Madero Calle Colima Calle Madrid Ave Cortez Calle Colima Calle Madrid Ave Montezuna Calle Colima Calle Madrid cc 237 Page 1 ATTACHMENT 8 8 8 8 8 8 8 moo. ern N � O w•� _ w H N bi W w g o q g y N W� w w pw '� 0 0 a�g ¢gym .377 e 8T"-- S 8N � P w W w W t� OO W wpw wig 1` C Ey jcp J JTTTV 000O000088 N gNmt: H T p g W K q F:O — H U �2 �2 a' i¢ U £J w w q P O w C w O w O O w G w 000 w w N O w �J zsp z w ° 0 , Co 3 m M 15 g o E �mJ ci m m w o 0 o M m w w a O d dm0 a�8 m F vi w `W a = g £3 0 w r�c0 z 5 r' 8 p � UI J J LL W a LL J J J J LL LL m J G F O O 8 O O O O O O O O O O 00 O 8 O O 00 8 0 0 W O N ry O �o..- 1- Q a g w W'N v °$aE-o.E_10 Em a E m J n a �- c9 Ti 01 Q v- a,mC oc ma c `m ao �m�onho E°° E i z a ry M ME�wa¢na 10 =_a na na ma ma ma $a m Uaw A z � y n o mPh m w r NN ��m NN °mW om g mm_ ov g �m W C O m N N _P B O O N N rop ww _c0 ww VaK a�g 0 p�g m a s m w a m o w z mop a12 HNIY mN NN �mg ryN 0=g S8 L O N 2 q 0 0 0 hw w m w aPo z9 j`o �00 � 0 Ogg a< d O g PP c0 00 �4c'O `8w°E8w° woo — Pd w w Fc0 a o,g o a Zco o'ig r z p w a< mm ¢..,m � m a Gw'm H m tt nm mm n n �m3 m� smg Ego � mtt a=g o ¢ mtt a`g ow �.0 zs-o ~ Wo z._o .238 s COUNCIL/RDA MEETING DATE: January 16, 2006 ITEM TITLE: Approval of a Memorandum of Understanding (MOU) for the: Funding and Joint Development of State Highway 111 Improvements and Approval of a Professional Services Agreement with Katz Okitsu & Associates (KOA) to Prepare the Plans, Specifications and Engineer's Estimate for the Phase III Highway 111 Improvements, Project No. 2006-04 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Memorandum of Understanding (MOU), between the Riverside County Transportation Commission (RCTC) and the City of La Quinta for funding and joint development of State Route 111 Street Improvements, from Point Happy Entrance to West City Limits; and approve a Professional Services Agreement (PSA), in the amount of $53,225, with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Highway 111 Corridor Improvements, from the Point Happy Entrance to the West City Limits, Project Number 2006-04. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: General Fund $210,000 RCTC $321,255 Total Funding Available (Fiscal Year 06/07): $531,255 239 The following represents the anticipated project budget: Professional: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $10, 620 $53,225 $41,153 $346,477 $26,550 $53,230 $ 531,255 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is partially funded with Measure A funds from the RCTC. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvements include the construction of curb, gutter, sidewalk, and connecting pavement on the north side of Highway 111 from Happy Point Entrance to West City Limits, the construction of a median island with landscape and irrigation system and the installation of rock fall stabilization measures in accordance with the geotechnical report prepare by Earth Systems Southwest. On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP). The Phase III Highway 111 Improvement is included within the adopted CIP and scheduled for funding during Fiscal Years 2006/2007. On October 3, 2006, the City Council authorized staff to distribute a Request for Proposals (RFP) to obtain professional engineering services to prepare the PS&E of probable construction costs for the Phase III Highway 111 Improvements, Project No. 2006-04; and appointed a Consultant Selection Committee. Proposals were received from four engineering firms on November 6, 2006. After its evaluation of the four proposals, the Consultant Selection Committee 6.1-1 240 unanimously recommends KOA be awarded a PSA in the amount of $53,225 to prepare the PS&E. KOA's scope, fee and schedule are presented for the City Council's review, within the attached PSA (Attachment 1). RCTC is scheduled to consider the attached MOU, between City and RCTC, for the funding and joint development of State Highway 111 improvements, from the Point Happy Entrance and the West City Limits, on February 14, 2007. The MOU is attached for the City Council's review (Attachment 2). The MOU memorializes RCTC's commitment to allocate Measure "A" funding, in an amount up to $321,255, toward street improvements within the State right-of-way on Highway 111. As with the previous MOUs for Phases I and II, City administration costs and/or any costs for improvements outside the State right-of- way are not eligible for reimbursement of Measure A funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Memorandum of Understanding, between the Riverside County Transportation Commission and the City of La Quinta for funding and joint development of State Route 111 Street Improvements, from Point Happy Entrance to West City Limits; and approve a Professional Services Agreement, in the amount of $53,225, with Katz Okitsu & Associates to prepare the plans, specifications and engineer's estimate of probable construction costs for the Highway 111 Corridor Improvements, from the Point Happy Entrance to the West City Limits, Project Number 2006-04; or 2. Do not approve a Memorandum of Understanding, between the Riverside County Transportation Commission and the City of La Quinta for funding and joint development of State Route 111 Street Improvements, from Point Happy Entrance to West City Limits; and do not approve a Professional Services Agreement, in the amount of $53,225, with Katz Okitsu & Associates to prepare the plans, specifications and engineer's estimate of probable construction costs for the Highway 111 Corridor Improvements, from the Point Happy Entrance to the West City Limits, Project Number 2006-04; or 3. Provide staff with alternative direction. 241 Respectfully submitted, w.o Ti othy R. J ass E. ublic Works Direc r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement 2. Memorandum of Understanding 3 r - 242 Attachment 1 Revised 1-5-07 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 Katz, Okitsu & 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 the Phase III Highway 111 Street Improvements, Project Number 2006-04, 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 Comoliance 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, Consultant 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 and Standard of Work. a. 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 C. 243 any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Fifty -Three Thousand Two Hundred Twenty -Five Dollars ($53,225.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved. by City pursuant to this Agreement no later than the last working day of the month. !; 244 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. The term of this agreement shall commence on January 22, 2007 and terminate on August 31, 2007 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 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: Jimmy H. Lin, P.E., President Mujib Ahmed, P.E., Project Manager a. 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, P.E., Public Works Director/City Enoineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress 0' 245 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. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, 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. V' 1. 246 The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; S500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. 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 with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant: and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the; aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. 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. a. General Indemnification Provision. 247 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ,(including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. ' Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. v� 248 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 249 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity 250 with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12'. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. C '" 251. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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. G:-� 215:12- 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative: and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 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, r; 253 to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that 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 G � 254 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA KATZ, OKITSU & ASSOCIATES Attention: Thomas P. Genovese Attention: Jimmy H. Lin, RE City Manager President 78-495 Calle Tampico 3190 C Shelby Street P.O. Box 1504 Ontario, CA 91764 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or mor paragraphs, or sections contained in this Agreement shall be valid judgment or decree of a court of competent jurisdiction, not affect any of the remaining phrases, sentences, clac Agreement which are hereby declared as severable and shall the parties hereunder. of the phrases, sentences, clauses, declared invalid or unenforceable by a such invalidity or unenforceability shall ses, paragraphs, or sections of this be interpreted to carry out the intent of 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. G� 255 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Katz, Okitsu & Associates �ii�i �o y ,� a� By: c� P10 CC,6467 iibAhmed, P.E. tap.? / PL Name: V/Usewn / Title: Vice -President Date: JCw" 9 _ aob 1 Exhibit A Scope of Services Consultant's scope of work to prepare the plans, specifications, and estimates (PS&E), and contract bid documents for the Phase III Highway 111 Street Improvements, Project Number 2006-04, is attached and made a part of this agreement. 257 EXHIBIT `A' SR111 between Point Happy and the City of La Quinta Western limits SCOPE OF WORK DESIGN PHASE: Task 1 Project Management and Administration The Katz, Okitsu & Associates team will meet with the City to establish the design parameters for this project. Under the project management task, Katz, Okitsu & Associates will be responsible For maintaining contact with City's Project Manager and keep him/her informed of the developments on the project. It is anticipated that a maximum of four in -person meetings will be needed for this project. The following specific subtasks will be performed: 1) Management ofproject team including sub -consultants 2) Participating in coordination and progress meetings with PDT including preparing minutes 3) Development and Agreement on Design Standards 4) Submitting of monthly Progress Reports and Invoices including updating Schedules 5) Quality Control of Submittals Task 2 Data Review, Field Surveying and Base Mapping Under this main task the following subtasks will be performed. 1) Obtain and Review Existing Documents and Reports Research of Caltrans and City records including records of survey, corner records, parcel maps, tract maps, right-of-way maps, field notes, etc. As built drawings from Caltrans will be obtained. These records will show locations of existing centerline and right-of- way monuments necessary to show existing street centerline and right-of-way alignments. Records will be reviewed for their relevance to the project to determine which centerline and boundary monuments are necessary to locate during the field survey. 2) Contact and Obtain Utility Information Utility research will be conducted and letters will be sent to the appropriate person (at the utility company) and obtain confirmation from them regarding the conflicts that will affect the project, and how and when the conflicts will be resolved in the field by the utility company. A summary memorandum of the research findings, anticipated conflicts, relocations or adjustments shall be included in the project design memorandum. Continuing coordination shall be performed up to notice to relocate prior to construction. 3) Conduct Field Surveys for Control and Mapping Field surveys will be conducted for mapping elevations against National Mapping Accuracy Standards. This will entail sending field crews to the project area and surveying topographic information to develop one foot contour base maps of the project area. AutoCAD plans will be prepared for the purposes of engineering design. Our estimates for the base map is based on surveying SR1l l from the western end of the Point Happy intersection up to the eastern end of the existing channel bridge. Delivery will be in digital format (AutoCAD) with information plotted at 1 "= 40' scale. 40 Field Verification of Utilities Field verification of utilities will be carried out on visible existing utility features (such as manholes, valves, pull boxes, etc.). KOA shall submit to each utility company a preliminary set of plans that provide the location, elevation of the utility, and the elevation of the improvement with the conflict area clouded to show the utility companies the areas of conflict with the proposed improvement. 5) Preparation of Base Map The survey topography will be submitted in ASCII format on CD-RW and a hard copy plot provided, using AUTOCAD software. All drawings will be prepared at 1"= 40' scale. Task 3 Geotechnical Design Reports Extensive geotechnical work will not be required for this project. The geotechnical consultant will confiim the findings of the previous geotechnical report and also give specific recommendations for rock slope stabilization that will be recommended for this project. 1) Update and confirm the findings of the previous report 2) Provide specific recommendations for rock slope stabilization 'Task 4 First Review: Preliminary Design Plans ]Preliminary design plans will focus on issues that require general agreement on some of the items noted above. These will be resolved during the preliminary phases of the project. They include: al Detail hydraulic report will not be prepared for this project. However, provisions for runoff will be designed so that surface water does not flood the roadway during the rainy season. bl Pedestrian crossing at the intersection of Point Happy and SRI I I and a need for adding pedestrian phase. c Driveway design for the Cliff House Restaurant. d;l Continuation of sidewalk along the two sides of Point Happy entrance. e) Termination of the sidewalk on the western end of the project. Specific subtask for this task will include: I) 1" review development of preliminary design plans Task 5 Environmental Documentation and Encroachment Permit For the purposes of this proposal, it is assumed that City will obtain the environmental clearance. KOA will be responsible for obtaining the Encroachment Permit from Caltrans. It is anticipated that Caltrans will consider this as a "noncomplex, noncontroversial" and be able to issue the permit without creating unnecessary delay and complications. 1) Obtain Encroachment Permit .from Caltrans District 8 Task 6 Landscaping and Irrigation This project will require median landscaping design for a short section; medians will be defined by concrete curb on their perimeter. The balance of the median area shall be landscaped and irrigated. Parkway areas will have property -line sidewalk with landscaping beyond the sidewalk ]net City Standards. Planting will either augment the existing plant material or create a new theme, depending on the existing conditions. This effort will be: coordinated with the City and (local businesses. The landscaping consultant will review and photograph the existing landscape and note any observed special conditions which may affect the planting design and also assist in restoration design. Restoration design will be limited to within the right-of-way limits. Specific subtasks will include: 1) Document existing conditions 2) Develop theme and obtain design consensus 3,) Prepare parkway design and property restoration plans 4,1 Prepare final landscaping and irrigation design plans, specifications and estimate Task 7 Traffic Control Plans Traffic signals are not anticipated to be modified on this project. However, if the City chooses to add a pedestrian phase on this project it will be designed as a supplement to this project. No striping and channnelization design is anticipated on this project. Also, Traffic Control Plans will be prepared for construction of the curb and gutter and the median because that will require closure of the traffic lanes on this project. Specific subtasks will include: 1.j Traffic Control Plans Task 8 Prepare Interim and Final Plans, Specifications and Estimate KOA will prepare and assemble a set of drawings for this project in a bid package format for City review. These Plans will be prepared in 60%, 95%, 100% and Final Stages. The plan will be assembled after individual tasks are completed as defined in the tasks above. Other plans not noted in the tasks will be completed under this task. These plans include, Vicinity Map, Roadway Sections showing pavement thickness, etc. Specific sub -tasks include: The following set of drawings and documents will be prepared: 1) Specifications and Special Provisions and Engineers Estimate 2) 2,,d Review 85-90% Submittal 3) 3rd Review 100% Submittal 4) 4th Review 100% Screen Check All approved plans will be provided to the City on compact disk in AutoCAD 2000 or higher format, as well as on "D" size Mylar. Specifications documents including technical specifications will be provided on digital medium disks in Microsoft Word for Windows format. The Engineers Estimate will be provided in Excel for Windows format. CONSTRUCTION PHASE Task 9 Engineering Support during Bidding, Award & Construction Phase I1. is assumed that the City will be responsible for preparation of the bid package, advertising and awarding the contract and for distributing the contract documents to interested contractors. Katz, Okitsu & Associates will only have a marginal role in assisting the City during the bid phase. This includes answering questions from prospective bidders. 0 260 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Fifty -Three Thousand Two Hundred Twenty -Five Dollars ($53.225.00) except as specified in Section 1.6 - Additional Services of the Agreement. Jv 261 E 8 8S 88 8S '88�8 �8 88° Y 88 888 0 US. vi N l+l Ny IS PIS I I e - AgiS QQ O N sss � b O e N z- 88gS� 8 a n �' E'e v • � IV 42 J e o � 3 lin 0 !4 y • io � o m t c, W . m GU M1 O e u 2 ruioS 00 % X n r£ a awl» a W u m N =Uii O E a q 4 ! o E' dlti� w E 8 E! o E g 8 n O U N 0 O i 1 ~ = I £ N o a u E u o cE c _ Co F% 5caj ° iN Y'E � yF ai 9 N wE�8 ! Ep� `E=` 'Y Ea =E 92 yc E �S Ec E` om Fgs ` cc Oe YS = �a 3 a oY'o 8co em ENONy m'n M[ 8a £= 6 B.t Y m c`- fc`m cu zg oe e' cmw Y �`8 O o ao3 OS %i Yg moo 9° g E� u�'mE ac_ �qA gm °fs m ci pi-n °4� ^gym=mc° Er oE_q a`� " A c Z �Z LLO NO 'ODU46 JLL Im YN :006 ON Fa �K3E Y 262 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. 0 263 E L11 iq I ]q I I N N '� I IIII'I.I f N I I ( e J g' III I I it Illil' �F� ICI i o QN I I �W„Qq I I � Iiil I Ia • m aE N < III I I. I I i �"6crn L `• I I I i x�•` W III Q �N III m EEs tl a F O U Z __ LLN II II II Q m�N III I 4 2 F. Ci W L 'N II I I II LL.'a 0 C � ct� t U N [II O c �- m ° a U O LL E 2 w � m U cm cm u a R q f G 264 Exhibit D Special Requirements None. 0 265 ATTACHMENT MEMORANDUM OF UNDERSTANDING FOR THE FUNDING AND JOINT DEVELOPMENT OF STATE HIGHWAY 111 IMPROVEMENTS WITHIN THE CITY OF LA QUINTA 1. Parties and Date. 1.1 This Agreement is executed and entered into this _ day of , 2007, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and THE CITY OF LA QUINTA ("CITY"). 2. Recitals. 2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5. 2.2 On November 8, 1988 the Voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2%) retail transactions and use tax (the "tax") to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the "Plan"). 2.3 The Plan allocates 20 million dollars for the construction of improvements along Route I I I from Ramon to Indio Boulevard in the Coachella Valley (the "Highway I I I Funds"). 2.4 Pursuant to Public Utility Code Sections 24000 et sea., RCTC is authorized to allocate the proceeds of the Tax in furtherance of the Plan. 2.5 The City, RCTC and Caltrans are planning certain improvements along State Highway 1 ]'.1 with the City of La Quinta. 2.6 RCTC has determined that the improvements referenced in Section 2.5 above and described more fully herein qualify for Highway 111 Funds. 2.7 RCTC intends, by this Agreement, to allocate Highway I I I Funds towards the construction of these intersection improvements, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein. Terms. 3.1 Description of Improvements. This Agreement is intended to allocate Highway H I Funds to provide funding, design and other services for authorized portions of the Route 1 11 improvements currently being planned on Highway 111, from Washington Street to the West City Limits, within the City of La Quinta (the "Project'). The Project is more fully described in Exhibit "A" attached hereto and, pursuant to Section 3.3 below, is subject to modification as 0G 266 requested by the City and approved by RCTC which approval will not be unreasonably withheld. It is understood and agreed that the City shall expend Highway 111 Funds only as set forth in this Agreement and only for the Project. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC'. 3.2 Funding Amount. RCTC hereby agrees to initially allocate to the City, on the terms and conditions set forth herein, the sum of Three Hundred Twenty -One Thousand Two Hundred Fiftv-Five Dollars ($321,255.00) for project development, right of way acquisition, and construction costs ("Funding Amount"). It is also understood and agreed that 100% of the proposed improvements will be installed within the existing State right-of-way. Therefore, the Initial Funding Amount represents one hundred percent (100%) of the estimated Total Project Costs, as defined in Sections 3.14.1 and 3.14.2 below. This cost/funding allocation percentage ("Cost/Funding Allocation Percentage") is subject to an adjustment pursuant to Section 3.14.3 below. In addition, the Funding; Amount is subject to an adjustment pursuant to section 3.14.5 based upon the final Cost/Funding Allocation Percentage and the final Total Project Cost. 3.3 Responsibilities of Parties/Project Description. The responsibilities of the City and RCTC with respect to this Agreement and the successful completion of the Project are described in Exhibit `B", attached hereto and incorporated herein by reference. Changes to the characteristics of the Project and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC's Representative, which approval will not be unreasonably withheld. 3.4 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the date the City provides a written Notice of Completion to RCTC, until termination of this Agreement pursuant to Section 3.9 or Until June 30, 2009, whichever occurs first. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 3.5 RCTC's Representative. RCTC's Executive Director, or his or her designee, shall serve as RCTC's Representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. RCTC's Representative shall also review and give approval, as needed, to the details of the City's work as it progresses. 3.6 The City's Representative. The City hereby designates Tom P. Genovese, City Manager, or his designee as the City's Representative to RCTC. The City's Representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all phases of the Project under the City's responsibility. The City shall work closely and cooperate fully with RCTC's Representative and any other agencies which may have jurisdiction over or an interest in the Project. 3.7 Standard of Care; Licenses. The City and RCTC represent and maintain that they shall implement the Project in a skillful and competent manner and shall only involve in the 2 GG 267 Project. persons or entities skilled in the calling(s) necessary to perform all services, duties and obligations required to fully and adequately complete the Project. 3.8 Review of Services. The City and RCTC shall allow RCTC's Representative and City's Representative, respectively, to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 3.9 Termination. 3.9.1 Notice. Either RCTC or City may, by written notice to the other party, terminate this Agreement for cause in whole or in part at any time, by giving written notice to the other party of such termination and specifying the effective date thereof. Upon receipt of a written notice of termination, RCTC or the City, respectively, shall cease expenditure of funds which are expected to be reimbursed with Highway 111 Funds pursuant to this Agreement. 3.9.2 Effect of Termination. Upon termination by RCTC or the City, RCTC shall allocate Highway 111 Funds towards the Project improvements satisfactorily completed through the date of termination. Such allocation shall be determined by multiplying the Cost/Funding Allocation Percentage (which shall be subject to adjustment pursuant to the procedures outlined in Section 3.13.3) by the amount of the Total Project Cost, as defined in Sections 3.13.1 and 3.13.2, incurred prior to the date of termination. The City shall provide documentation deemed adequate by RCTC's Representative to show the Project Costs incurred and Project improvements actually completed prior to the date of termination. This Agreement shall terminate seven (7) days following receipt by the City of the written notice of termination. 3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 3.10 Prevailing Wages. The City and RCTC and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof'determined to be a public work, as defined therein. The City or RCTC, as applicable, shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform services on the Project. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et sue. RCTC shall defend, indemnify, and hold harmless the City, its officers, employees, consultants; and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et we . 3.11 Copies of Materials. Each party shall have the right to inspect and to obtain for its record copies of all records and materials which may be prepared by the other party under this 3 G+:; 268 Agreement. 3.12 Indemnification. 3.12.1 City Responsibilities. The City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the City or its sub -consultants. The City will reimburse RCTC for any expenditure, including reasonable attorneys' fees, incurred by RCTC, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the City. 3.12.2 RCTC Responsibilities. RCTC agrees to indemnify and hold harmless the City, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of RCTC or its sub -consultants. RCTC will reimburse the City for any expenditure, including reasonable attorneys' fees, incurred by the City, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of RCTC. 3.12.3 Effect of Acceptance. The City and RCTC shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. One party's review, acceptance or funding of any services performed by the other parry or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights the other party hereto may hold under this Agreement or of any cause of action arising out such persons, or entities, performance. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City's negligent performance of this Agreement or supervision of any services provided to complete the Project. In addition, RCTC shall be and remain liable to the City, in accordance with applicable law, for all damages to the City caused by RCTC's negligent performance of this Agreement or supervision of any services provided to complete the Project. 3.13 Insurance. The City and RCTC shall require all persons or entities hired to perform services on the Project to obtain, and require their sub -consultants to obtain, insurance of the types and in the amounts described below and satisfactory to RCTC and City. Such insurance shall be maintained throughout the tern of this Agreement, or until completion of the Project, whichever occurs last,. 3.13.1 Commercial General Liability Insurance, Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: 4 Go 20 3.13.1.1 Name RCTC and City, their officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; 3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC or City, their officials, officers, employees, agents, and consultants; and 3.13.1.3 Contain standard separation of insured provisions. 3.13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. 3.13.4 Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 3.14 Payment of Funding Amount. 3.14.1 Total Project Cost. The total Project costs ("Total Project Cost") shall include the following items: (1) funds expended by in preparation of preliminary engineering study; (2) funds expended for preparation of environmental review documentation for the Project; (3) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the City, and costs of reviewing appraisals and offers for property acquisition; (4) costs reasonably incurred if condemnation proceeds; (5) costs incurred in the preparation of plans, specifications, and estimates by consultants or staff; (6) staff costs associated with bidding, advertising and awarding of the Project construction contract; (7) construction costs, including change orders to construction contract approved by the City and RCTC; and (8) construction management, field inspection and material testing costs. It is understood and agreed that these costs include costs already incurred by RCTC and the City towards completion of the Project. 3.14.2 Excluded Total Project Cost. The Total Project Cost shall not include the following items which shall be bome solely by the individual parties without reimbursement: (1) RCTC management costs for Project coordination which are attributed to its total State Highway 111 Project of Measure "A"; (2) City Project coordination costs; (3) City and/or RCTC costs attributed to the preparation of invoices, billings and payments; (4) any City and/or RCTC fees attributed to the processing of the Project. 0 2'7 0 3.14.3 Cost/Funding Allocation Percentage Determination. The final determination of the appropriate Cost/Funding Allocation Percentage shall be made by the City's Representative and RCTC's Project Coordinator using the guidelines attached hereto as Exhibit "C" and incorporated herein by reference, and the best available cost estimate information from the project design engineer. The determination of the Cost/Funding Allocation Percentage shall be made after the design review process has terminated, but prior to the award of the Project for public contracting purposes. In the event of a disagreement between the City's Representative and RCTC's Project Coordinator regarding the Cost/Funding Allocation Percentage, RCTC's Executive Director and the City Manager shall review the determination and attempt to resolve the dispute. If the City Manager and Executive Director are unable to agree, either party may appeal, in writing, to the RCTC Board. The RCTC Board's determination regarding the Cost/Funding Allocation Percentage shall be final. 3.14.4 Payment. RCTC shall pay for all consultant costs as they are incurred and invoiced for design work, right-of-way services and any other services under its responsibilities, which payments shall serve as a credit towards its Funding Amount. The City shall pay for all Project: contract costs and consultant and other costs for services under this responsibilities as they are incurred and invoiced, which amounts, if appropriate pursuant to Sections 3.13.1 and 3.13.2, shall be applied towards the Total Project Cost. 3.14.5 Funding Amount/Adiustment. If the Project is completed before June 30, 2009, RCTC's Project Coordinator shall meet with the City's Representative within thirty (30) days following the filing of a proper written Notice of Completion of the Project by the City to determine the Funding Amount. This determination shall be made by multiplying the Cost/Funding Allocation Percentage by the Total Project cost. The Total Project Cost shall be determined upon completion of the Project. In the event the Project is not completed by June 30, 2009, RCTC's Project Coordinator and the City's Representative shall meet to determine the Funding Amount to be allocated up through June 30, 2009. The City shall not be entitled to any funding pursuant to this Agreement after June 30, 2009. If as a result of payments made under Section 3.14.4, above, either the City of RCTC has paid in excess of its allowable share of the Total Project Cost, the other party shall,reimburse said party for the excess within 30 days of the determination and approval of the Funding Amount by the City Representative and RCTC Project Coordinator. 3.14.6 SB 300 Reimbursements. Any SB 300 (Streets & Highways Code Section 2600) reimbursements received from the State for the Project shall be split proportionally according to the Cost'Funding Allocation Percentage, and credited towards each party's funding of the Total Project. Cost. (SB 300 Reimbursement does not apply to this project 3.14.7 Progress Reports. Either party may request the other party to inform it of delays in the Project and provide it with any requested progress reports. 3.14.8 Reimbursement for Expenses. The City shall not be reimbursed for any expenses unless authorized in writing by RCTC's Representative. 3.15 Change Orders. Any change orders in excess of ten thousand dollars ($10,000) must be reviewed and approved in writing by RCTC and City. 3.16 Conflict of Interest. For the term of this .Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.17 Limited Scope of Duties. RCTC's and the City's duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of the Project Site unless it knows or should know of a dangerous condition or activity and fails to report such condition or activity to the responsible party or otherwise make reasonable corrective efforts. In addition, RCTC shall not be liable for any action of City or its consultants relating to the condemnation of property undertaken by City for the Project or for the construction of the Project. 3.18 Books and Records. Each parry shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project or under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this disbursements charged to the other party pursuant to this Agreement. Further, each parry shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 3.19 Equal Opportunity Employment. The City and RCTC represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 3.21 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. Agreement. 3.22 Time of Essence. Time is of the essence for each and every provision of this C 2? 24 3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: City of La Quinta RCTC P.O. Box 1504 Riverside County Transportation Commission 78-495 Cal.le Tampico 4080 Lemon, 3rd Floor La Quinta, CA 92253-1504 Riverside, CA 92501 ATTN: City Manager ATTN: Executive Director Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terns and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services. 3.26 Contract Amendment. In the event that the parties determine that the provisions of this Agreement should be altered, the parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees. 3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings. 3.28 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 3.29 Independent Contractors. Any person or entities retained by the City or any Consultant shall be retained on an independent contractor basis and shall not be employees of RCTC. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the City or consultant, whichever is applicable. The City or consultant shall pay all wages„ salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers" compensation insurance. RIVERSIDE COUNTY TRANSPORTATION COMMISSION Marion Ashley, Chairman REVIEWED AND RECOMMENDED: Eric Haley, Executive Director APPROVED AS TO FORM: Best, Best & Krieger Counsel to the Riverside County Transportation Commission CITY OF LA QUINTA By: Don Adolph, Mayor APPROVED AS TO FORM: Katherine Jenson, City Attorney 9 � ! 2 74 EXHIBIT "A" DESCRIPTION OF SERVICES The proposed improvements include the construction of curb, gutter, and connecting pavement on the north side of Highway 111 from Point Happy Entrance to West City Limits; the construction of a median island with landscape and irrigation system; and the installation of rock fall stabilization measures. The following services will be provided, as necessary, to complete the improvements: 1. Completion of Project Development Activities in accordance with Caltrans Standards and Project Development Guidelines. 2. Preparation of any needed environmental documentation in accordance with Caltrans procedures and State and Federal statutes. All needed right-of-way services and acquisition of property needed for improvements. 4. Construction of improvements as shown in attached Exhibits "D". A-1 E, 275 EXHIBIT `B". RESPONSIBILITIES OF PARTIES RCTC SHALL: Reimburse City with appropriate funding contribution at completion of project. Arrive at appropriate funding allocation for overall Project in conjunction with City La Quinta prior to award of construction contract by the City. CITY OF LA OUINTA SHALL: Be responsible for design, environmental clearance, right of way acquisition, obtaining all permits required by impacted agencies prior to start of construction. Be responsible for the bidding, awarding, and administration of the construction contract. Be responsible for all construction activities including inspection, survey and material testing. An-ive at appropriate funding allocation for overall project in conjunction with RCTC prior to award of construction contract by the City. CHANGES IN RESPONSIBILITIES The specific responsibilities of RCTC and the City as defined in this exhibit may be changed purslumt to the terms of Section 3.3 of the Agreement. B-1 EXHIBIT "D" CONSTRUCTION IMPROVEMENTS In general the project is envisioned to consist of the construction of slope stabilization measures and rock fall protection devices, curb, gutter, median island, landscaping, and irrigation system, hauling off of excess material, the installation of A.C. pavement, and signing and striping. The following project budget is anticipated: Project Activity Estimated Cost Construction: $373,027.00 Engineering: $63,720.00 Construction Engineering (Inspection/Testing/Survey): $41,153.00 Sub -Total: $477,900.00 Contingency: $53,100.00 Total Estimated Cost: $531,000.00 D-1 G C - 277 COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Approval of the Final Relocation Plan for 46-130 Dune Palms Road and 46-150 Dune Palms Road RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �S STUDY SESSION: PUBLIC HEARING: Approve the Final Relocation Plan for 46-130 Dune Palms Road and 46-150 Dune Palms Road, and authorize the City Manager to submit this Plan to the State Department of Housing and Community Development. FISCAL IMPACT: Implementing the Relocation Plan will result in the expenditure of up to $150,000 for resident relocation costs. Funds are available from the Unreserved Fund Balances in Low- and Moderate -Income Fund Project Area 2. CHARTER CITY IMPACT: None. BACKGROUND AND OVERVIEW: On December 5, 2006 the City Council Approved a Relocation Plan for 46-130 and 46 150 Dune Palms Road and authorized the City Manager to circulate the Plan for public review and comment. RSG circulated the Plan for the required 30-day review period and has received no comments. Therefore, the next step entails City Council final review and adoption of the Plan. In September 2005, the Agency Board directed staff to contact property owners in the Dune; Palms Road corridor (north of the Whitewater River and south of Westward Ho Drive) to ascertain their interest in selling their property to the errs Agency Board. The Agency Board would like to assemble six parcels located along the Dune Palms Road corridor so that the properties accommodate an affordable housing development. Four contacted by staff initially expressed interest in selling their has successfully negotiated purchase agreements with tw( family residences. The Relocation Plan for the Dune Palm by the: City Council on March 21, 2006, was used to sui two owner -occupied single-family residents. The owners of 46-130 and 46-150 have also expressed ini to considering property purchase agreements with thes Community Redevelopment Law and the California Reloc Acquisition Guidelines require the Agency to prepare and for City Council review and approval. Attachment 1 is the 46-130 and 46-150 Dune Palms Road. This Final Plan is u Plan that was approved by City Council on December 5, 2( The Relocation Plan presents: Household demographic characteristics and r personal interview survey data; An assessment of the availability of comparable the City of La Quinta and the surrounding commi The steps and procedures the Agency will fi equitable relocation program; An estimate of the potential relocation costs. The data presented in the Relocation Plan was compiled b) October and November of 2006. When interviewed, t expressed a desire to relocate along California State Hic Desert. The owner -occupied household is a very low—inc three adults and one child, and is English speaking. ThE occupied by owner -occupants, consisting of two adul household is a low-income family and is English speaking household indicated a desire to relocate to another La Q Amelia Earhart School District. -nay be assembled to )f the property owners property. To date staff owner -occupied single - Road Project approved -essfully relocate these est in relocating. Prior parties, the California ion and Real Property bmit a Relocation Plan nal Relocation Plan for ;hanged from the Draft needs based on cement housing within to ensure a fair and interviews conducted in e household at 46-130 sway 74 south of Palm me family, consisting of household at 46-150 is s and one child. The When interviewed, the inta property within the The Relocation Plan also details the relocation assistance �rogram and the scope of the relocation benefits. The relocation assistance program generally entails: Informing residents of their relocation rights and tl benefits; o Determining each household's specific housing nee Identifying and updating information on replacemen e Identifying Federal, State and other governmental assistance; Assisting each person with completing relocation a scope of the relocation 11 housing opportunities; agency housing program 27'9 ,istance applications; • Assisting each displace with finding replacement housing opportunities; • Providing relocation payments in accordance with all State standards; • Establishing an appeal procedure with respect to disputes over relocation benefits. The scope of relocation benefits needed for the household entails • Providing moving expense payments based upon the actual cost of using a professional mover or based upon a fixed payment schedule if residents elect to move themselves; • A home purchase price differential payment based upon the difference between the appraised value of the resident's home and the cost to purchase a comparable replacement dwelling; • Incidental expense payments including legal, closing cost title and other costs related to purchasing a comparable replacement dwelling. The total relocation costs are estimated to range from $120,000 to $150,000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Final Relocation Plan for 46-130 and 46-150 Dune Palms Road and authorize the City Manager to submit this plan to the State Department of Housing and Community Development; or 2. Do not approve the Relocation Plan for 46-130 and 46-150 Dune Palms Road; or 3. Provide staff with alternative direction. Respectfully submitted, as F3. vans D uo gl Community Development Director Approved for submission, Thomas P. Genovese, City Manager Attachment : 1. Final Relocation Plan t 2SO ATTACHMENT 1 461:30 & 46150 DUNE PALMS ROAD RELOCATION PLAN LA OUINTA REDEVELOPMENT AGENCY (q RSG 281 INTELLIGENT COMMUNITY DEVELOPMENT 46130 & 46150 DLJNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY CONTENTS OF THIS RELOCATION PLAN i. INTRODUCTION................................................................................................1 A. ASSESSMENT OF NEEDS................................................................................1 B. REPLACEMENT HOUSING RESOURCES........................................................2 C. CONCURRENT RESIDENTIAL DISPLACEMENT ............................................. 3 D. TEMPORARY HOUSING....................................................................................3 E. PROGRAM ASSURANCES AND STANDARDS................................................3 F. RELOCATION ASSISTANCE PROGRAM.........................................................4 G. CITQEN PARTICIPATION/PLAN REVIEW........................................................4 H. RELOCATION BENEFIT CATEGORIES............................................................4 1. PAYMENT OF RELOCATION BENEFITS..........................................................6 J. APPEALS POLICY.............................................................................................6 K. PROJECTED DATES OF DISPLACEMENT.......................................................7 L. ESTIMATED RELOCATION COSTS..................................................................7 El. 282 46130 k 46150 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY I. INTRODUCTION The La Quinta Redevelopment Agency ("Agency") established Project Area No. 2 in May, 1989 to provide a mechanism to remove impediments to commercial and residential development, to address public infrastructure and facility deficiencies, and to increase and improve the community's supply of affordable housing. The properties along Dune Palms Road ("Project Site") are within Project Area No. 2 and are being considered by the Agency as a site for the development of affordable housing. This action may result in the purchase and development of properties within the Project Site and as a result, two households will have to be permanently displaced. The acquisition of the Project Site will be pursued pursuant to negotiated acquisition by the property owners. The location of the housing, which is the subject of this plan, is generally described as being located near the southeast corner of Dune Palms Road and Westward Ho Drive and is more particularly described as Assessor Parcel Number 600-030-002 and 600-030-003. The location is displayed on Attachment 1a and 1b. This Relocation Plan ("Plan') describes the affected buildings and occupants and discusses the Relocation Assistance that will be made available to the occupants. Rosenow Spevacek Group, Inc. ("RSG") has prepared and will administer the Plan under the direction of the Agency and will act as the relocation consultant for this Plan. This Plan provides the results of a needs assessment survey, a housing resource study, and details of the Agency's proposed relocation assistance program. Furthermore, this Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the California Relocation Assistance Law, California Government Code section 7260 et seq. ("CRAL") and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, chapter 6, section 6000 at seq. ("Guidelines"). No displacement activities will take place prior to the required reviews and approval of this Plan. A. ASSESSMENT OF NEEDS To obtain information for the preparation of this Plan, personal interviews were conducted with the households living in the Project Site. The inquiries made of the households concerned household size and composition, income, length and type of occupancy, ethnicity, home language, disabilities/health problems, and replacement housing preferences. The interviews were conducted on -site during October and November of 2006. The descriptive data in this Plan is based solely on the responses provided by the households. No attempt was made to qualify income or other information provided by residents. Occupancy/Overcrowding There are two households encompassed in this Plan. One household is composed of three residents residing in a two -bedroom home. The second household is composed of four residents residing in a three -bedroom home. RSG Page 1 293 46130 & 46150 DUNE PALMS ROAD RELOCATION PLAN LA QUiNTA REDEVELOPMENT AGENCY Income Income information was provided by the households. According to income standards for the County of Riverside (Attachment 2), adjusted for family size as published by the United States Department of Housing and Urban Development ("HUD"), one household is categorized as very low income and the other as low income. Ethnicity/Language The Project Site households identified themselves as Caucasian (6) and Hispanic (1). All members of the households reported the primary language as English. Senior/Handicapped Households There are no seniors (62 years or older) and no handicapped individuals. None of the households indicated that they require any special accommodations or have any specific facility needs. Table 1 shows some of the households' characteristics and needs. Table 1: Housing Description Oc�cu an Houshold Size Room Count Ethnic) Lan ua a Seniors Income Levels Owner Tenant Adults Children Bedrooms Bath Total Caucasian His anic En hsh S an,sh 1 3 2 7 4 0 4 0 We Ve Low Income Yes n/a 3 6 2 1 1 3 1 0 n/a I Low Income Yes We 2 1 2 1 source sumoy of mi)enyo ers The Project Site The Project Site is situated on the southeast corner of Dune Palms Road and Westward Ho Drive. La Quinta High School is directly in front of the Project Site and Amelia Earhart Elementary School, and John Glen Middle School are within short driving distance. The Project Site is located within close proximity to a community park, a Fire Station, shopping centers, and grocery stores. Preferred Relocation Areas and Location Needs One Project Site household expressed a desire to remain in La Quinta within the Amelia Earhad: School District, and the other a desire to leave La Quinta and relocate along California State Highway 74 south of Palm Desert. Both households are only interested in home ownership. No other additional or special relocation needs (i.e. proximity to public transportation, employment, medical facilities, public/social services and agencies, recreational services, parks, community centers, and shopping) were expressed by the households. A. REPLACEMENT HOUSING RESOURCES A resource survey was conducted in October and November of 2006 to identify available comparable, decent, safe, and sanitary units available in close proximity to the Project Site. One two -bedroom unit and one three -bedroom unit are required to adequately relocate the Projeci, Site households. Replacement property was identified in consultation with a local realtor, through internet research, and MLS searches. O RSG ^01 Page 2 46130 & 46150 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY The survey focused on confirming the availability of comparable, decent, safe, and sanitary units, which contain the required minimum number of bedrooms, an area of adequate size for the households, and an area comparable with respect to the number of rooms and habitable living space. Attachment 3a provides a list of comparables (as defined in Guideline section 6008) in La Quinta based on the results of the homeowner surveys. The replacernent houses have a similar lot size and living area to the homeowner's original property. B. CONCURRENT RESIDENTIAL DISPLACEMENT There are no other known projects currently underway that will compete for similar replacement housing in the City of La Quinta. C. TEMPORARY HOUSING There is no anticipated need for temporary housing because relocation will not occur until the Agency has entered binding agreements to acquire the property from the owners and it is expected that the owners shall acquire replacement housing prior to moving from the Project Site. Should such a need arise, the Agency will respond appropriately and in accordance with all applicable laws and requirements. D. PROGRAM ASSURANCES AND STANDARDS Adequate funds are and will be made available to accommodate the payment of all required relocation benefits. Services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. No one will be displaced without 90 days notice and unless "comparable" replacement housing can be located and is available. "Comparable' housing includes standards such as: decent, safe, and sanitary (as defined in § 6008(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced households; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services; and within the financial means of the displaced households as defined in section 6008, subdivision (c)(5) of the Guidelines. The relocation program to be implemented by the Agency conforms to the standards and provisions set forth .in Government Code section 7260 et seq., the Guidelines, California Health and Safety Code section 33410 et seq., if applicable, and all other applicable regulations and requirements. 0 285 Page 3 46130 & 46150 DUNE PALMS ROAD RELOCATION PLAN LA QUIN"FA REDEVELOPMENT AGENCY E. RELOCATION ASSISTANCE PROGRAM Staff is available to assist any displaced households with questions about relocation and/or assistance in relocating. Jon McMillen, the Acquisition Coordinator, can be contacted at (760) 212-2322 from 8:30 am to 5:00 pm, Monday through Friday. A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households being displaced. Close contact will be maintained with the households. Specific activities will include: Distribution of an informational brochure. (see Attachment 4) 2. Timely referrals to at least three comparable replacement units as defined above and, if necessary, transportation will be provided to inspect potential replacement units. 3. Assistance with completion and filing of relocation claims, loan applications, and appeals forms, if necessary. F. CITIZEN PARTICIPATION/PLAN REVIEW This Plan will be provided to the households and will be made available to the public for the mandatory thirty (30) day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval before the Agency. A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development (°HCD"). G. RELOCATION BENEFIT CATEGORIES Relocation benefits will be provided in accordance with the CRAL, the Guidelines, and all other applicable regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in accordance with approved procedures. The Agency will provide appropriate benefits for the displaced households as required by law. Residential Moving Expense Payments The subject households will be eligible to receive a payment for moving expenses. Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. The method of moving expense payments may be selected by the households. V RSG Fixed Payment - A fixed payment for moving expenses based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedules maintained by the California Department of Transportation. (See Attachment 5) ielm Actual Reasonable Moving Expense Payments - The displaced households may elect to have a licensed, professional mover perform the move; if so, the Agency will ply for tl�S �. Page 4 46130 & 46150 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced households. Assistance to Homeowners It is anticipated that two homeowner households will be displaced. Displaced homeowners will be eligible for relocation replacement housing payments if the following conditions are met: a. The households has owned and occupied their unit for not less than 180 days prior to the "Initiation of Negotiations." and b. The households purchases and occupies a replacement unit within one year from: (i) the date that the households receives the final payment from the Agency for all the costs of the acquired unit - or- (ii) the date that the households vacates the acquired unit, whichever is later. Displaced homeowner households will receive assistance in locating a "comparable replacement" unit and will be eligible for the following benefits: 1. Purchase Price Differential: The displaced households will be entitled to receive an amount equal to the difference between the price paid for the acquired unit and the amount required to purchase a "comparable replacement" unit. The Agency will utilize a Comparative Method (as explained in section 6102 of the Guidelines) to calculate any price differential. Comparative Method: On a case -by -case basis, the Agency will determine the price of a "comparable replacement" unit, which is most representative of the acquired unit, by selecting and considering the listing price of at least three (whenever possible) "comparable replacement" units. (25 Cal. Code Regs. Sec. 6102 (c)(1)(A)(1).) The! Price Differential is the difference between the acquisition cost of the displacement dwelling and the lesser of the following two amounts: • The price the displaces actually paid for the replacement dwelling; or The price of a comparable dwelling as determined by the Agency. 2. Other Payments: Moreover, displaced homeowners will receive the following assistance: (a) Payments to cover the cost between the difference of the household's current debt or mortgage service and any increase in debt or mortgage costs necessary to acquire a "comparable replacement" housing unit; and 287 Page 5 46130 & 46150 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY (b) Incidental and reasonable one-time costs for acquiring a replacement unit, such as escrow costs, and recording and credit reporting fees. 3. Rental Assistance Option: If a displaced homeowner households, which has purchased and occupied its current unit at least 180 days prior to the "initiation of negotiations," desires to rent instead of purchase a replacement unit, the households is eligible for all the benefits and assistance that is available to tenant households. However, such replacement housing payments may not exceed the payments the households would have been entitled to if it had elected to purchase a replacement unit. 4. Last Resort Housing Payments: There is currently sufficient comparable replacement housing for homeowner households and the Agency does not anticipate a lack of sufficient comparable replacement housing in the near future. However, should such a situation arise, the Agency will respond appropriately and in conformance with all applicable laws and requirements. H. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the Acquisition Coordinator within eighteen (18) months from: (i) the date the claimant moves from the acquired property; -or- (ii) the date on which final payment for the acquisition of real property is made, whichever is later. The Acquisition Coordinator will then submit the relocation benefit claim form to the City Finance Department for review and payment, if appropriate. Failure to submit claims; within the 18 month period will prevent the Agency from paying such claims. No households will be displaced until `comparable" housing is located as defined above and in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines. However, no households will be denied benefits if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. 1. APPEALS POLICY The appeals policy will follow the standards described in section 6150 et seq. of the Guidelines as supplemented by the Agency's approved Grievance Procedures (See Attachment 6). Briefly stated, the displaced households will have the right to ask for a review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. The request for review must be made within eighteen (18) months from: (i) the date the claimant moves from the acquired properl:y; -or- (ii) the date on which final payment for the acquisition of real property is made, whichever is later. Failure to make a timely request for review will result in your request being denied. 1.J RSG Page 6 46130 & 46150 DUNE PALMS ROAD RELOCATION PLAN LA QUINTA REDEVELOPMENT AGENCY J. PROJECTED DATES OF DISPLACEMENT Households will receive a 90 day notice to vacate before they are required to move. These notices are expected to be issued on or about April 1, 2007. Relocation is expected to be completed on or about July 1, 2007. K. ESTIMATED RELOCATION COSTS The Agency anticipates using the following funds for the Project: Project Area No. 2, Low and Moderate Housing Funds The: following estimates are for budgeting purposes only. These figures should not be interpreted as firm, "not to exceed" or actual entitlement costs. These figures are based on the data obtained through occupant interviews, replacement site availability, market rate research, and the judgment of the Agency staff. They do not include payments to consultants or to contractors. Any and all required financial assistance will be provided. The budget estimate is: Table 2: Project Cost Estimate Low Estimate I High Estimate $120,000 $150,000 Page 7 239 46130 & 46150 DUNE PALMS ROAD RELOCATION PLAN INDEX OF TABLES & ATTACHMENTS TABLE'S Table 1 Table 2: ATTACHMENTS LA QUIN'rA REDEVELOPMENT AGENCY Housing Description Estimated Relocation Costs Attachment 1a: Regional Site Map Attachment 1 b: Project Site Map Attachment 2: HUD Income Category Limits for Riverside County Attachment 3: Housing Resource Survey — Two and Three Bedroom Comparables Attachment 4: Relocation Assistance To Displaced Homeowner Occupants (Brochure) Attachment 6: Fixed Payment Moving Schedule Attachment 6: Grievance Process 29 fu 0 "" RSGI _ Page 8 Attachment 1a: Regional Site Map Coon" agib Wamtlbsven .; .._4211dAve .......... POP" Desert CountrV Club tndlan Welts Gauntry Club 0 2006 Nlapouest. Mc. 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W rr Attachment 3: Housing Resource Survey Two and Three Bedroom Comparables Address Type Sales Pricel Bedroom/Baths 79935 Independence Way, La Quinta Single Family $364,900 312 45430 Sunn brook Lane, La Quinta Single Family$379,.00 3/2 79956 Independence Way, La Quinta Single Family $395,500 3/2 Note: Based on the assessed value of subject property, listings of comparable sales within the target price range were comprised of three -bedrooms Available two -bedroom dwelling did not meet square footage and sales price criteria. O RSGi Page 12 94 Attachment 4 City of La Quinta Redevelopment Agency RELOCATION ASSISTANCE TO DISPLACED HOMEOWNER OCCUPANTS Introduction This booklet describes the relocation payments and other relocation assistance provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ("URA") to most homeowners whose home is acquired by the City of La Quinta Redevelopment Agency ("Agency"). To be eligible for the assistance described in this booklet, you must have owned and occupied your home for at least 180 days before the Agency offered to buy it. If you are notified that your home will be acquired and you will be displaced, it is important that you do not move before you learn what you must do to receive the relocation payments and other assistance to which you are entitled. This booklet may not answer all of your questions. If you have more questions, contact the Agency. (Check the back of this booklet for the name of the person to contact at the Agency.) .Ask your questions before you move. Afterwards, it may be too late. Summary of Relocation Assistance As an eligible displaced homeowner occupant, you will be offered the following advisory and financial assistance: Advisory Services. This includes referrals to comparable replacement homes, the inspection of replacement housing to ensure that it meets established standards, help in preparing claim forms for relocation payments and other assistance to minimize the impact of the move. Payment for Moving Expenses. You may choose either a: ❖ Payment for Your Actual Reasonable Moving and Related Expenses, or ❖ A fixed Moving Payment, or ❖ A combination of both, based on circumstances. Replacement Housing Payment. To enable you to buy or, if you prefer, rent a comparable replacement home, you may choose either: ❖ Purchase Assistance, or o RSG Page 13 ❖ Rental Assistance. If you disagree with the Agency's decision as to the relocation assistance for which you are eligible, you may appeal that decision as provided by the Agency's Grievance Procedures and state HCD Grievance Guidelines. General Questions Will I Be Paid For My Property Before I Have To Move? If you reach an agreement to sell your property to the Agency, you will not be required to move before you receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court. (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property.) Will I Have To Pay Rent To The Agency Before I Move? You may be required to pay a fair rent to the Agency for the period between the acquisition of your property and the date that you move. The rent will not exceed that charged for the use of comparable property. How Will I Know I Am Eligible For Relocation Assistance? You should receive a written notice explaining your eligibility for relocation assistance. You will become eligible for relocation assistance on the date you receive the Agency's written offer of "just compensation" to purchase your home. You should not move before receiving that purchase offer. If you do, you may not receive relocation assistance. How Will The Agency Know How Much Help I Need? You will be contacted at an early date and personally interviewed by a representative of the Agency to determine your relocation needs and preferences for replacement housing and advisory services. The interviewer will ask certain questions about you and other members of your households. It is to your advantage to provide the information so that the Agency can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. How Soon Will I Have To Move? Page 14 296 If possible, a mutually agreeable date for the move will be worked out. You will be given enough time to make plans for moving. Unless there is a health or safety emergency, you will not be required to move without at least 90 days advance written notice of (1) at least one "comparable replacement home" that is available to you and (2) the earliest date by which you must move. What Is A Comparable Replacement Home? A comparable replacement home is: • Decent, safe, and sanitary. • Functionally equivalent to your present home. • Actually available for you to buy. • Affordable. • Reasonably accessible to your place of employment. • Generally as well located with respect to public and commercial facilities, such as school:; and shopping, as your present home. • Not subject to unreasonable adverse environmental conditions. • Available to all persons regardless of race, color, religion, sex, or national origin. What is Decent, Safe, and Sanitary Housing? Decent, safe, and sanitary housing is housing that: • Meets local housing and occupancy requirements. Additionally, it is housing that: • Is structurally sound, weather tight, and in good repair. • Contains a safe, adequate electrical wiring system. • Has adequate living space for the occupants. • Has a kitchen with a sink, hot and cold running water, and connections for a stove and refrigerator. • Has a separate, complete bathroom with hot and cold running water and sewage system. • Has heating as required by climatic conditions. Has an unobstructed exit to safe, open space at ground level. • Is free of any barriers that would preclude your reasonable use of the unit, if you are a person with a physical disability. Will The Agency Help Me Find A Replacement Home? O RSG ul 297 Page 15 Yes. You will be provided with referrals to comparable replacement housing. If possible, you will be referred to at least three comparable replacement homes. The maximum financial assistance for which you may qualify will be based on the cost of the most representative comparable replacement home that is available to you. When the Agency gives you its initial written purchase offer, it will typically inform you at that time, or shortly thereafter, of your eligibility for relocation assistance, identifying the most comparable replacement home and explain the maximum amount of relocation assistance available to you. Once the Agency representative has a clear understanding of your needs and preferences, he or she will work with you to assure that you are given the best possible choice of housing and offer you transportation to inspect these units. If then; is a mortgage on your present home, the Agency will refer you to lenders that can provide mortgage financing for your new home. If the money paid for your old home is applied to the purchase of your new home, there should not be any increase in the number or amount of your monthly payments for mortgage interest and principal. What If I Find My Own Replacement Housing? You have every right to find your own replacement housing. However, before you buy or rent, ask the Agency to inspect the unit to make sure that it is decent, safe, and sanitary. If the housing unit is not decent, safe, and sanitary, you will not receive a replacement housing payment. What If I Encounter A Problem In Obtaining Housing Of My Choice? If you encounter a problem in buying or renting housing of your choice, notify the Agency immediately. The Agency will look into the matter and try to resolve it. You will receive this help whether you were referred to the housing unit or found it yourself. If you are unable to buy or rent a housing unit because of discriminatory practices on the part of a real estate broker, rental agent, lender, or a property owner, the Agency will help you file a formal housing discrimination complaint with the U.S. Department of Housing and Urban Development or the appropriate State or local fair housing agency. What Other Services Will I Receive? In addition to help in obtaining a comparable replacement home, other assistance, as necessary, will be provided in order to minimize the impact of your move. This assistance may include referral to appropriate public and private agencies that provide services concerning housing financing, employment, health, welfare, or legal assis- tance. The range of services depends on the needs of the person being displaced. You should ask the Agency representative to tell you about the specific services that will be available to help you and your family. (q RSG G" 298 Page 16 What Is a Payment For Actual Reasonable Moving And Related Expenses? You aria entitled to a relocation payment to cover the actual reasonable cost of your move. If you choose a Payment For Actual Reasonable Moving And Related Expenses, you may include in your claim the reasonable costs for: • Transportation for you and your family. • Packing, moving and unpacking your households goods. Disconnecting and reconnecting households appliances and other personal property (e.g., telephone and cable TV). • Storage of households goods, as may be necessary. • Insurance for the replacement value of your property during the move and necessary storage. • The! replacement value of property lost, stolen or damaged in the move (but not through your neglect) if insurance is not reasonably available. The Agency will explain all eligible moving costs, as well as those which are not eligible. You must be able to account for any costs that you incur, so keep all your receipts. Select your mover with care. The Agency can help you select a reliable and reputable mover. You may elect to pay your moving costs yourself and be repaid by the Agency or, if you prefer, you may have the Agency pay the mover. In either case, let the Agency know before you move. What Is A Fixed Moving Payment? If you choose a Fixed Moving Payment, you will receive a payment based on the number of rooms of furniture you will be moving, as shown on the Fixed Residential Moving Cost Schedule. The Agency has a copy of the schedule and will help you decide whether choosing this payment is in your best interest. If you do not have an unusually large amount of personal property to move and are capable of moving yourself, this payment should be more advantageous to you. No special documentation is required to support your claim. You need only move your personal property and complete the appropriate claim form in order to receive your payment. I Want To Buy Another Home. How Much Purchase Assistance Will I Receive? To help you buy a comparable replacement home, you will receive Purchase Assistance equal to the sum of the following three costs: Purchase Price Differential. If the cost of replacement housing exceeds the amount the Agency pays for your present home, you may be eligible for a payment to cover the difference. The Agency will inform you in writing of the location and NO (` 299 Page 17 cost of comparable replacement housing (and explain the basis of its determination) so that you will know in advance how much assistance you may receive. That information should help you decide how much you wish to pay for replacement housing. You are free to purchase any decent, safe and sanitary housing unit of your choice. If the purchase price is less than the cost of a comparable replacement home, the payment will be limited to the actual difference. If it exceeds the cost of a comparable replacement home, the payment will be based on the cost of a comparable home. Examples: Let's say that the Agency pays $120,000 to purchase your home and that a comparable replacement home costs $130,000. ❖ If you pay $129,000 for a replacement home, you would receive a $9,000 differential payment (the difference between the Agency's payment for the acquisition of your home and the cost of your replacement home). ❖ If you pay $132,000 for the replacement home, you would receive a $10,000 differential payment (the difference between the Agency's acquisition payment and the cost of the comparable replacement home). Mortgage Interest Differential Payment. This amount covers the "present value" of the additional costs required to finance the purchase of a replacement home that result if the interest rate you must pay for a new mortgage is higher than the interest rate on the mortgage on your present home. It also covers other debt service costs. The payment is based on the lesser of: the mortgage balance on your present home or your new mortgage amount. To be eligible, the mortgage on your home must have been a valid lien for at least 180 days before the Agency's initial written purchase offer for your home. You should provide the Agency with a copy of your mortgage(s) as soon as possible. Based on that information and the prevailing terms and conditions of new mortgage financing, the Agency will compute the approximate mortgage interest differential payment for which you will be eligible, inform you of that amount and explain the conditions on which it is based. The payment will be made available with the purchase price differential in a timely manner to reduce the amount you must borrow to buy your new home. Incidental Expenses. This amount covers those extra costs typically charged when one buys real property, such as the cost of preparing the deed and recording fees; the; cost of title insurance, revenue stamps and transfer taxes (not to exceed the cost for comparable replacement housing); loan application, loan origination and appraisal fees; the cost of a credit report; and for other costs such as certification of structural soundness, home inspection and termite inspection. It does not cover prepaid expenses, such as property taxes and insurance. 56—me C7 300 Page 18 Remember, your total replacement housing payment is the sum of the purchase price differential, mortgage interest differential, and incidental expenses. To qualify for the payment, you must purchase and occupy a decent, safe and sanitary replacement home within one year after the later of: the date you move or the date you receive the final payment for the acquisition of your present home. However, the Agency will extend this period for good cause. If I Decide To Rent, Rather Than Buy, Another Home, How Much Assistance Will I Receive? If you decide to rent rather than buy a replacement home, you may be eligible to receive Rental Assistance. The assistance covers a 42-month period and is computed in the following manner. The assistance needed for one month is based on the difference between the market rent for your present home (including utilities), as determined by the agency, compared to a comparable rental dwelling available on the market (including utilities). That monthly need, if any, is multiplied by 42 to determine the total amount that you will receive. This amount will be paid directly to you in monthly installments or other periodic payments. Examples, Let's say that the monthly "market rent" and average cost for utilities for your present home are $250 and the monthly rent and estimated average utility costs for a comparable replacement home are $350. ❖ If you rent a replacement home for $360 per month, including estimated utility charges, you will receive $4,200. That amount is 42 times $100 (the difference between the market rent for your present home ($250) and the cost for a comparable replacement home ($350)). ❖ If you rent a replacement home for $310, including estimated average monthly utility charges, you will receive $2,520. That amount is 42 times $60 (the difference between the "base monthly rent" for your present home ($250) and the actual cost of Your new home ($310)). To qualify for rental assistance, you must rent and occupy a decent, safe, and sanitary home within one year after the later of: the date you move or the date you receive the final payment for the acquisition of your present home. However, the Agency will extend this period for good cause. The amount of rental assistance cannot exceed the computed purchase price differential. Must I File A Claim To Obtain A Relocation Payment? C� 301 Page 19 Yes. You rnust file a claim for each relocation payment. The Agency will provide you with the: required claim forms, help you to complete them, and explain the type of documentation, if any, that you must submit in order to receive your relocation pay- ments. If you must pay any relocation expenses before you move (e.g., a deposit when you contract for the purchase of a new home), discuss your financial needs with the Agency. You will be able to obtain an advance payment to meet these costs. An advance payment to purchase a home may be placed in "escrow." An advance payment for moving expenses may be paid directly to the moving contractor to ensure that the move will be completed on a timely basis. You must file your claim within 18 months after the date you move or receive the final payment for the acquisition of your present home. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, ask the Agency to extend this period; however the Agency is not obligated to extend this 18 month period.. Be careful not to confuse this 18-month period with the 12-month period within which you must buy or rent and occupy a replacement dwelling in order to be eligible for a replacement housing payment. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you may take to resolve the matter. Do I Have To Pay Federal Income Taxes On My Relocation Payments? No. Section 216 of the URA states that you need not report relocation payments as part of your gross income for Federal tax purposes. For information on State or local income taxes, you should check with the State or local income tax office in your area or with your personal tax advisor. What If I Don't Receive The Required Assistance. Can I Appeal? If you disagree with the Agency's decision as to your right to relocation assistance or the amount of a payment, or the adequacy of the housing to which you have been referred, you may appeal the decision to the Agency. The appeal procedure is spelled out in the HCD Grievance Procedure Guidelines and the Agency's Grievance Procedures. A copy of the Agency's procedures has been attached to the Relocation Plan. The Agency will inform you of its appeal procedures. Your appeal must be in writing. However, if you need help, the Agency will assist you in preparing your appeal. 0r *3 0 �� o- Page 20 If you are a low- or moderate -income person and are dissatisfied with the Agency's determination on your appeal, you may have an additional right to request administrative review of that decision (e.g., by HUD or the State). The Agency will explain whether this option is available. You can expect a fair decision on any appeal. However, if you are not satisfied with the final administrative decision on your appeal, you may seek review of the matter by the courts. I Have More Questions. Who Will Answer Them? If you have any questions after reading this booklet, contact the Agency and discuss your concerns with an Agency representative. Agency: City of La Quinta Redevelopment Agency Address: 78-495 Calle Tampico La Quinta, CA 92253 Office Hours: 8:30 AM through 5:00 PM; Monday through Friday Telephone Number: (760) 212-2322 Person to Contact: Jon McMillen Page 21 301 Attachment 5: Fixed Moving Schedule Schedule A Occu ant Owns Furniture Number of Rooms Payments 1 $ 625 2 $ 800 3 $ 1,000 4 $ 1,175 5 $ 1,425 6 $ 1,650 7 $ 1,900 8 $ 2,150 Each additional room $ 225 Source. California Department of Transportation, Federal Highway Administration Schedules (q R5G r r, v4 Page 22 Attachment 6 City of La Quinta Redevelopment Agency GRIEVANCE PROCEDURES Purpose: The purpose of the Grievance Procedures is to attempt to resolve disputes between the claimant and the Agency at the lowest possible administrative level while affording the claimant an opportunity to have a full and fair review of his/her case. Therefore, all relevant evidence should be presented at the lowest level of these proceedings. In any case where such evidence could have been presented at a lower level and the claimant failed to do so, the relevant hearing body may, at its discretion, refer the matter back to the lower level for consideration and determination prior to their considering such evidence. A failure to provide evidence at a lower level of proceedings may prevent the issue or evidence from being further reviewed, including, without limit, in judicial review for failure to exhaust remedies. These procedures are supplemented by HCD Guidelines sections 6150-6176. A. Right of Review Initial Determination: Any displaced person or business who is not satisfied with a determination as to eligibility, amount of payment, and failure by the Agency to provide comparablE� permanent or adequate temporary replacement housing or the Agency's property management practices, or not properly applying appropriate regulations, at his/her election, may have his/her claim reviewed and reconsidered by the Agency's relocation consultant in accordance with the following procedures. To obtain an initial determination from the Agency's relocation consultant, claimant must complete a Relocation Complaint form and submit it to the Agency's relocation consultant and the City Clerk within (540) days from the date he/she moves from the acquired property or receives final compensation for displacement from the property, whichever is later. The Agency's relocation consultant shall provide the claimant with a full written explanation of the determination and the basis therefore, which explanation shall be provided within three weeks from the date of receipt of the request. The written explanation shall include a statement of claimant's right to seek within ten (10) days further review of his/her claim by either formal or informal review and an explanation of the steps the claimant must take to obtain this review. The right to an informal oral presentation as provided in section B below or a formal hearing as provided in section C below shall not be conditioned upon first obtaining an initial determination from the Agency's relocation consultant. B.Informal Oral Presentation Agency Review: If the claimant feels that the written explanation provided in section A above is incorrect or inadequate, or if the claimant desires to proceed directly to informal review, he/she may request an informal hearing with the Community Development Director or Designee ("Director"). (1) To obtain an informal hearing before the Director the claimant must request in writing that the Director schedule such a hearing. Such written request shill be ICJ' ,J ,_ V Q RSG - Page 23 0 RSG made (i) within ten (10) days from the date of the written initial determination or, if the claimant does not wish to request an initial determination, (ii) by submitting a Relocation Complaint form within five hundred forty (540) days from the date he/she moves from the acquired property or receives final compensation from the property, whichever is later. (a) Within fifteen (15) days from the date ,of receipt of claimant's Relocation Complaint form for an informal hearing, he/she will be afforded an opportunity to make an oral presentation, or to request a written review by the Director of the relevant documents and written materials submitted by the claimant. (b) The claimant may be represented by an attorney or other person of his/her choosing at the oral presentation hearing (at the cost of the claimant). (c) The Director shall prepare a summary of the matters discussed and determinations made during the informal hearing, or written review, and serve a copy thereof upon the claimant. (d) The Director shall review and reconsider the determination of the claimant's case in light of: - All material upon which the Agency based its original determination including all applicable rules and regulations; - The reasons given by the claimant for requesting review and reconsideration of his/her claim; - Whatever additional written material has been submitted by the claimant; and - Any further information which the Director may, in his/her discretion, obtain by request, investigation or research, to ensure fair and full review of the claim. - The proceedings shall not be bound by any formal rules of evidence. (2) The final determination on review by the Director shall include, but is not limited to: (a) The Agency relocation consultant's initial determination, if applicable; (b) The factual and legal basis upon which the decision is based, including any pertinent explanation or rationale; and (c) A statement of claimant's right to seek within ten (10) days further review of his/her claim by the City Manager and Assistant City Manager and an explanation of the steps the claimant must take to obtain this review. (3) The right to a formal hearing as provided in section C below shall not be conditioned upon first obtaining an informal hearing by the Director. 6 Page 24 C. Request for Formal Review The City Manager and the Assistant City Manager Review: If the claimant feels that the initial determination by the Agency's relocation consultant, the Director's determination following the informal oral hearing, or written review by the Director is incorrect or inadequate, or if the claimant desires to proceed directly to formal review, he/she may request a formal hearing before the City Manager and the Assistant City Manager (or, if there is no Assistant City Manager, such other person as the City Manager may designate), acting as the Appeals Board ("Appeals Board"). To obtain a formal hearing before the Appeals Board the claimant must request in writing that the Director schedule such a hearing. Such request shall be made (i) within ten (10) days from the date of the Agency relocation consultant's initial determination, the Director's determination following the informal hearing or the Director written review or, if the claimant does not wish to request an informal hearing (ii) within five hundred forty (540) days from the date he/she moves fro the acquired property or receives final compensation from the property, whichever is later. (1) Within fifteen (15) days from the date of receipt of claimants written request, he/she will be notified of the formal hearing date. If the claimant requests additional time to prepare material for consideration and shows good cause therefore, the hearing date shall be continued to another date. (2) The Appeals Board shall, at the time it gives notice of the formal hearing date, notify the claimant that he/she has the right to be represented by an attorney or others at his/her own expense, to present his/her case by oral or documentary evidence; the right to submit oral or documentary evidence; the right to submit rebuttal evidence to conduct such cross-examination as may be required for full and true disclosure of facts; and the right to seek judicial review after having exhausted all administrative appeal remedies. (3)•The Appeals Board shall review and reconsider the initial determination and/or the determination made at an informal hearing taking into consideration all material upon which the challenged determination was made, all applicable rules and regulations, the reasons given by the claimant for requesting review, any additional relevant evidence, oral or documentary, submitted by either the claimant or the Agency's representatives. No evidence may be relied upon by the Appeals Board where the claimant has been improperly denied an opportunity to rebut evidence or cross-examine a witness. The proceedings of the Appeals Board shall not be bound by any formal rules of evidence. (4) The Appeals Board shall make its determination within six weeks from the date on which the formal hearing is concluded or the date of receipt of the last material submitted, whichever is later. (5) The Appeals Board's determination shall be made in writing and shall contain its decision, the factual and legal basis upon which the decision is made and a statement informing the claimant of his/her right to appeal the decision to the Agency Board as provided below. vC 907 (PRSG Page 25 (6) The claimant shall be promptly served with a copy of the Appeals Board's determination. Review by Redevelopment Agency. Any person who believes himself/herself to be aggrieved by any final decision of the Appeals Board may, within five (5) days after that date on the Appeal Board's notice of such ruling or act, appeal the Appeals Board's determination to the Redevelopment Agency Board of Directors (the "Agency') by filing with the Community Development Director a written statement of the rulings or acts complained of and the reasons for taking such appeal. The Director shall thereupon refer such appeal to the Agency at its next regular meeting and the Agency shall thereupon fix a time for the hearing of said matter, which time shall be not less than thirty (30) days from the time said appeal is presented to the Agency by the Director. On the date thus fixed, or on the date to which said hearing shall have been continued, the Agency shall proceed to hear and consider the evidence relating to said matter and shall make and enter on its minutes its final determination therein. The Agency may confirm, modify or set aside the findings of the Appeals Board, and the Agency's determination in the matter shall be final and conclusive. No proceeding or action shall lie against the City, the Agency, the: Community Development Director, the City Manager, the Assistant City Manager (or such appointed designee) or any member of either thereof, nor against any officer, agent or employee of the Agency or City to review or enjoin the enforcement of its determination or orders of the Agency made pursuant hereto, or to recover damages for carrying out such orders in a lawful and reasonable manner, unless such action is commenced within ninety days (90) from and after service of notice of the findings and determination of the Agency. Notice of the determination of the Agency shall be served by the Community Development Director upon the person, or persons, taking the appeal. The effect of any order from which an appeal is taken as herein provided shall be suspended and of no force or effect until such appeal is fully determined. The claimant shall be deemed to have exhausted his/her administrative remedies upon filing timely appeals and the Agency taking action upon his/her complaint. E.Time Limits General: The Community Development Director may extend any of the time limits as permitted by HCD Guidelines section 6162 upon a showing of good cause; provided, however, that the time periods established by these Grievance Procedures within which to timely appeal a decision from a lower body shall not be extended. Any refusal to waive a time limit may be reviewed in accordance with the procedures set forth in Section C above; provided, however, any request to review shall be made within thirty (30) days from the date of receipt by claimant of written notice that the request to extend time has been denied. F. Review of Files By Claimant The claimant may inspect all files and records bearing upon his/her claim or the prosecution of the claimant's grievance, except to the extent the confidentiality of the material sought or the disclosure thereof is protected or prohibited by law. G.Effect of Determination G 30� (gRSG Page 26 Determinations made by the Agency Board pursuant to the paragraph entitled "Review by Redevelopment A-gency" in section C shall be applicable to all eligible persons in similar situations regardless of whether any such eligible person seeks a review. All written determinations shall be filed in the records of the Agency and available for public inspection. H. Right to Counsel Any claimant has the right to be represented by an attorney at his/her expense at any and all stages of the proceedings set forth in this Article. I. Stay, of Displacement Pending Review If claimant seeks to prevent displacement, the Agency shall not require the claimant to move until at least 20 days after it has made a determination and the claimant has had an opportunity to seek judicial review. In all cases the Agency shall notify the claimant in writing 20 days prior to the proposed new date of displacement. J. Further Review If the Agency denies the eligibility of a claimant for a payment, or disapproves the full amount claimed, or refuses to consider the claim on its merits because of untimely filing, or any other ground, the Agency's notification to the claimant of its determination shall inform the claimant of its reasons therefore, and shall also inform the claimant of the applicable procedures for obtaining further review of this determination. These regulations prescribe the City of La Quinta procedures for granting administrative relief to any person aggrieved by a determination as to eligibility for a payment authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the State of California Government Code Section 7260, et. seq., with regard to the obligation of the Agency to refer such person to an adequate replacement dwelling or to any person aggrieved by a determination as to eligibility for a payment authorized by the above legislation to provide the opportunity for his/her application to be reviewed by the appropriate department responsible for administering such payments. o RSG 00 30 Page 27 T-Vf 4 4 a" COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Approval of a Contract Extension With RBF Consulting Inc. for Continued Work on the Sphere of Influence Strategic Plan RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to sign a contract extension with RBF Consulting for continued work on the Sphere of Influence Strategic Plan in an amount not to exceed $95,908. FISCAL IMPLICATIONS: The Community Development Department has a budgeted set aside of $200,000 for General Plan Update(s). Said funds are proposed to be used for the contract extension. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In October of last year, RBF Consulting was selected to assist City staff with the development of a strategic plan for the Vista Santa Rosa Sphere of Influence. A contract was signed in early November 2006 in the amount of $24,917, which included a scope of services identifying a community workshop process, preferred scenario, and the development of an implementation program and annexation strategy. Based upon the responses received during the community workshop process, staff determined that the strategic planning process would require a substantial amount of additional work to specifically identify the future land use, design, and development standards for the SOI area. Many residents and/or property owners expressed urgency and certainty in the process and a more extensive public participation process. Based upon this information, it was determined that the existing scope of work and end product would fall short of providing this. 310 At the. December 19, 2006 City Council meeting, staff proposed a course of action which would create an ordinance identifying the development regulations and land use standards for the entire SO1 in advance of completing the Strategic Plan. Based upon the information provided by Council, staff further discussed options and opportunities with RBF staff, which has led to developing the scope of work (Attachment 1) and budget identified in this contract extension. Scope of 'Work The proposed scope of work identifies a comprehensive, community involved process for the development of land use, development and design standards for the SOL As currently proposed, two additional public workshops would be conducted; the first designed to conclude a land use and development scenario that will be used in the development of a vision plan and regulating codes, while the second designed to present and receive input on the draft products in an effort to try and reach consensus. In addition, the scope includes two "stakeholders" meetings with the VSR Task Force members, as well as standard public hearings before Planning Commission and City Council once the draft products are ready to be considered for approval. A fundamental component to this work is the development of what is termed a "form" or "transe:ct" based regulating code. This product allows for the establishment of transect zones, versus typical land use zones, which relies upon defining a range of building types, street types, and public space types versus a lengthy list of permitted uses and regulatory standards. In the effort of defining these zones, a significant amount of illustrations and pictures are used. Staff and the RBF team view the proposed scope of work as a successful approach to addressing the interests and concerns regarding the future of the SO1. The proposed scope of work identifies two optional items. As a cost saving measure, the second community workshop task is optional as is the task to integrate other regulations and ordinances. As previously noted, the second community workshop is proposed to receive input on the draft products in an effort to reach consensus. This could be eliminated, which in turn will leave the public hearing process as the only opportunity for discussing the draft products. The second optional task was proposed by RBF in an effort to ensure a successful integration of the proposed ordinance and would only be used if City staff deemed it necessary. Should both optional tasks be executed and fully expended, the total contract cost would not exceed $95,908. Schedule In an effort to be timely in this process, staff has already commenced work with RBF on Tasks 1 .1 and 1 .2, with both tasks being conducted during the first two weeks of January, .2007. Staff and RBF are proposing the following dates for the contract extension: ■ Saturday, February 3, 2007, 9:00 a.m. — 3:00 p.m., La Quinta Senior Cerkey: 311 Community Workshop ■ Friday, February 16, 2007: Administrative Review of Draft Products ■ Wednesday, February 21, 2007: Stakeholders (VSRTF) Review of Administrative Draft Products ■ Wednesday, February 28, 2007 (evening): La Quinta Library: Community Workshop ■ Friday, March 3, 2007: Final Administrative Draft Products Available to Public ■ Tuesday, March 13, 2007: Planning Commission Public Hearing Tuesday, April 3, 2007: City Council Public Hearing Based upon this schedule, staff would anticipate the entire strategic planning process being completed by the end of April, 2007. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to 1) sign a contract extension with RBF Consulting, Inc. for continued work on the Sphere of Influence Strategic Plan in an amount not to exceed $83,381, and 2) allow for the two identified optional tasks to be executed by the City Manager on an as need basis in the amount not to exceed $12,527; or 2. Do not authorize the City Manager to sign a contract extension with RBF Consulting, Inc. for continued work on the Sphere of Influence Strategic Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Rorua Douglas Ft. Ev s Community Development Director Approved for submission b "Thomas P. Genovese, City Manager 312 Attachment: 1. Scope of Services for Contract for Professional Services ATTACHMENT #1 I4�R"E11:IKI 6Eor, 4iBNrSI'IN I)umS jolt ;IIF NIS I I SINIA kosS Srn I, la. oP IN I UrNclo, CITY OF LA QUINTA "EXHIBIT A" SCOPE OF WORK, PART II The following scope of work ("Exhibit A") is intended to dedicate adequate resources for a "fast track" process that involves the community and yields adopted development and design standards for the Vista Santa Rosa Sphere of Influence. This scope of work is followed by a Cost Proposal ("Exhibit B"), the final remaining tasks for the strategic planning process ("Exhibit C") and a template Additional Work Request (AWR) form (`Exhibit D"). It is understood that, as the process evolves, adjustments may be needed to the scope of work to account for changing conditions, influencing factors, or assumptions pertaining to the project in such instances, the AWR form will be submitted. to the City to document scope and, if applicable, fee adjustments to this scope of work and cost proposal. TRACK 1: CONDUCT STRATEGIC INPUT, REVIEW AND DECISION MAKING PROCESS TASK 1.1 — WORK SESSION WITH CITY STAFF The objective of this work session is to review the scope of services, the proposed process and products, identify information needs, and discuss strategies and determine key expected outcomes for Tasks 1.2, 1.3, 1.4, and 1.5. Task 1.1 Deliverables It. Up to two (2) RBF staff attending work session [tentatively scheduled for January 3, 2007 (11:00 am - 3:00 pm)] 1). For the work session, RBF will prepare an agenda, a list of information needs, and a checklist of process logistics TASK 1.2 — VSR SUBCOMMITTEE MEETING AND VSR TASK FORCE MEMBERS WORK SESSION The objective of the VSR City Council Subcommittee Meeting is to review the intended process and products, receive any suggestions for improvement, and discuss any vital factors relevant to Vista Santa Rosa. The objective of this VSR Task Force Members work session (a non -County meeting) is to meet with members of the Task Force (as a non -County capacity) to learn about and engage in an initial hands-on effort to develop a framework for the transect-based regulating code that will serve as the basis for Community Workshop #2 activities. Task 1.2 Deliverables it. Up to three (3) RBF staff attending VSR City Council Subcommittee Meeting [tentatively scheduled for January 10, 2007 (midday)] b. Up to three (3) RBF staff facilitating VSR Task Force Members work session [tentatively scheduled for January 10, 2007 (2:00 pm - 6:00pm)] c. For the VSR Task Force Member work session, RBF will prepare an agenda and provide working materials Task 1.2 Assumptions a. The City will meet task force members prior to the work session to discuss "reality check" dimensions of VSR's future. TASK 1.3 — VSR COMMUNITY WORKSHOP #2 AND FOLLOW-UP The objective of this workshop is to build upon the outcomes of Task 1.2 to result in a minimum of one (1) envisioned composite land use and development scenario for Vista Santa Rosa which will serve as the basis for developing a VSR Vision Plan (see Task 2.1) and the transect-based regulating code (see Task 2.2). Immedia�N_,: 313 I: Du v i op+n.'N I S I aNmkwl'I OR rnr Nis rntk.un Roro "PneR¢oll.Nriurece 5' `s CITY OF LA QUINTA following, the workshop, the City and RBF will participate in a 3-hour clean-up and follow-up session; the follow-up session will include a discussion of the preferred direction for the products identified in Tasks 2.1 and 2.2. Task 1.3 Deliverables a. Up to five (5) RBF staff facilitating community workshop [tentatively scheduled for February 3, 2007 (9:00 am - 3:00 pm)] b. For the work session, RBF will prepare an agenda and presentation, provide working materials, and organize community -based working team focus areas TASK 1.4 — CONDUCT CITY REVIEW OF ADMINISTRATIVE DRAFT The objective of this task is to facilitate a one -day City staff and RBF staff review of the in -process administrative draft products identified in Tasks 2.1 and 2.2. This review session would occur at the offices of RBF Consulting in Irvine. Task 1.4 Deliverables a. Up to three (3) RBF staff presenting/participating in City review of in -process administrative draft products [tentatively to occur on February 16, 2006 (between 10:00 am - 5:00 pm)] TASK 1.5 — CONDUCT GROUP REVIEW OF ADMINISTRATIVE DRAFT The objective of this task is to present and receive critical feedback from City -identified participants on the administrative draft products identified in Tasks 2.1 and 2.2; this input, combined with other input by City staff and the community input received from Task 1.5, will yield a set of preliminary draft products as identified in Tasks 2.1 and 2.2. Task 1.5 Deliverables it. Up to one (1) RBF staff presenting/participating in group review administrative draft products [tentatively to occur week of February 19, 2006 (late afternoon)] OPTIONAL TASK 1.6 — VSR COMMUNITY WORKSHOP #3 At the direction of the Community Development Director and with the budget authorization of the City Manager, the objective of this workshop is to present and receive input on the draft products identified in Tasks 2.1 and 2.2 to the community. Task 1.6 Deliverables a. Up to three (3) RBF staff facilitating community workshop [tentatively scheduled for week of February 26, 2007 (6:00 pm - 8:00 pm)] b. For the work session, RBF will prepare an agenda and presentation, provide working materials, and organize community -based working team focus areas TASK 1.7 — PUBLIC HEARINGS The objective of this task is to present public review drafts of the products identified in Tasks 2.1 and 2.2 to the Planning Commission for its recommendation and City Council for approval. Task 1.7 Deliverables a. Up to two (2) RBF staff presenting at one (1) Planning Commission Hearing (tentatively scheduled for March 13, 2007) b. One (1) RBF staff presenting at one (I) City Council Hearing (tentatively scheduled for April 3, 2007) C. For the hearings, RBF will prepare a presentation January 11, 2007 314 V 1v F I i[ M,% € I of i%*, N I' S7 7 OR 7 H F V IS I t S %i En ROn d SPHERE Ul I N FLUFNCE CITY OF LA QUINTA TRACK 2: PREPARE VSR IMPLEMENTATION TOOLS' TASK 2.1: PREPARE VSR VISION PLAN MAP The objective of this task is to prepare an illustrated and annotated plan -view map that identifies transects (i.e. geographical districts for Vista Santa Rosa that communicate level and intensity of rural/urban character) and corresponding attributes of the built environment (i.e. building types, setbacks, public spaces, building heights, etc.). This vision plan map will be built upon all input received prior to and including Track 1, and will serve a the foundation for Task 2.2. Task 2.1 Deliverables a. One (1) electronic copy and one (1) hardcopy of an administrative draft (internal City review only) of the VSR Vision Plan Map b. One (1) electronic copy and one (1) hardcopy of a preliminary draft (based on consolidated comments received from the City on the administrative draft) of the VSR Vision Plan Map c. One (1) electronic copy and one (1) hardcopy of a public review draft of the VSR Vision Plan for Planning Commission review d. One (1) electronic copy and one (1) hardcopy of a revised public review draft of the VSR Vision Plan for City Council review (based on Planning Commission recommended changes) e. One (1) electronic copy and one (1) hardcopy of a final VSR Vision Plan, as approved by City Council TASK 2.2: PREPARE VSR SMARTCODE DEVELOPMENT AND DESIGN STANDARDS The objective of this task is to prepare a transect-based regulating code for the Vista Santa Rosa study area that will be designed to implement the vision for the study area, as developed in Task 2.1. A "transect," as it relates to corranunity plans and regulating codes, is based on the human settlement patterns, ranging from the most rural environments to the most urban environments. This transect is divided into a range of "Transect Zones," each with its own complex character Within each transect zone, there are a range of building types, street types, and public space types that are allowed and/or encouraged. The proposed transect-based regulating code for the Vista Santa Rosa study area will include the following components: • Introduction and User's Guide • Regulating Plan: A map that divides the study area into appropriate transect zones. • Development Standards Regulations for the types of streets (and setbacks), public spaces (including trails), buildings, and uses within the applicable transect zones. • Architectural Regulations: Standards and guidelines that deal with specific architectural treatments, such as styles, materials, colors, window and door design, projecting elements, etc. • Administration Section: A section that explains how the code will be implemented. • Definitions RBF will utilize The SmartCode as the template for the regulating code. The SmartCode is a template that contains a unified land development ordinance for planning and urban design. It folds zoning, subdivision regulations, urban design, mid basic architectural standards into one compact document. The SmartCode is intended to be customized by professional planners, architects, and attorneys at the local level. . NOTE: Other regulations and ordinances developed or supplied by the City of La Quinta can be referenced or included in full within the VSR SmartCode by RBF. Optional Task 2.3 (see below) is included in the event the City of La Quinta requests RBF to develop additional regulations or ordinances. January 11, 2007 31-- 315J �isW,%tIopti11,::I Sravoans�soRinrViy r N Sawa Ronn 4nsnr of INr1 urvcu CITY OF LA QUINTA Ep�> Tasty. 2.2 Deliverables a. One (1) electronic copy and one (1) hardcopy of an administrative draft (internal City review only) of the VSR SmartCode b. One (1) electronic copy and one (1) hardcopy of a preliminary draft (based on consolidated comments received from the City on thg administrative draft) of the VSR SmartCode C. One (1) electronic copy and one (1) hardcopy of a public review draft of the VSR SmartCode for Planning Commission review d. One (1) electronic copy and one (1) hardcopy of a revised public review draft of the VSR SmartCode for City Council review (based on Planning Commission recommended changes) e. One (1) electronic copy and one (1) hardcopy of a final VSR SmartCode, as approved by City Council OPTIONAL TASK 2.3: INTEGRATE OTHER REGULATIONS AND ORDINANCES At the direction of the Community Development Director and with the budget authorization of the City Manager, the objective of this optional task is to provide the opportunity for the City of La Quinta to direct RBF to develop new regulations and ordinances for unique issues that may be requested for a separate fee to supplement The SmartCode for Vista Santa Rosa. NOTE: Provisions provided by the City, in whole or by reference, will be integrated within the SmartCode; this includes, but is not limited to, ordinance provisions pertaining to right -to -fans and the continuation of equestrian uses. 'The following tentative submittal dates pertain to Tasks 2.1 and 2.2 • February 16, 2007: Submit Administrative Draft • February 26: Submit Public Review Draft TRACK 3: COORDINATE THE PROJECT The objective of this track is to maintain a flow of communication between RBF and the City of La Quinta, including; as -needed day-to-day contact with the client, and to provide on -going coordination of the project. VSR SOI STRATEGIC PLAN "Exhibit C" includes the following three tasks, pursuant to the agreement between the City of La Quinta and RBF Consulting dated November 8, 2006, for producing a strategic plan for the Vista Santa Rosa Sphere of Influence. The corresponding budgets for these tasks remain in effect. It is anticipated that the following tasks may be completed at an appropriate future time in the planning process. • Task 3.2: Implementation and Annexation Working Session with City Team • Task 3.3: Prepare Implementation Program and Annexation Strategy (Strategic Plan, Part II) • Task 3.4: Present Preferred Direction, Implementation Program, and Annexation Strategy to the Planning Commission and City Council for Recommendation and Direction NOTE: As Stan Hoffman will not be participating as a team member providing economic services, $1,710 may be applied to the above budgets as a credit. Exhibit D shall be used to authorize and document said change. n r January 11, 2007 316 Ptit,Ii:lh,vl.iii}'1't I immk if* IIIF" ii14�,kNl.1RiSplit IltvIII, IN11.41 "EXHIBIT B" COST PROPOSAL CITY OF LA QUINTA The following cost proposal is intended to dedicate adequate resources for a `fast track" process that involves the community and yields adopted development and design standards for the Vista Santa Rosa Spehere of Influence. "EXHIBIT B" Cost Proposal by RBF Consulting CITY OF LA QUINTA DEVELOPMENT STANDARDS FOR THE VISTA SANTA ROSA SPHERE OF INFLUENCE Staff & Hourly Rate TASK AZ 165 JJ 130 aK I 125 SR 90 JK 10 Tack 1. Conduct Strategic Input, Review and Decision Making Process Task 9.1—'York Session With City Staff 10 : tk 104910 ;Task 1.2 —'VSR Comra'0e s Meeting and VSR Task Force Member Work8rearl 12 24 20 I11jow Iin 11.3 —'ySR Community Workshop rig and Follow -Up 16 32 24 24 24 J14,120 Task1.4— Conduct CRY RevlewofAdmimstrabve Drafts 4. 6 6 $2,570 'task 1.6— Conduct4roup Review of Administrative Drafts t0 SIA40 �OFTIONAL Task 1.6—VSR CommuNry Workshop 43" 19: 24 24 16930 Tesk 17— Pubft Hearings _ 1tl iR 2 th100 (Track 2 Prepare VSR Implementation Tools .. ...... •t@ ...16 ._ Task2.l; FfePRaeVSR Viblon Plan Map .... 40 +1. Yb $44,730 Tries.i frepm9VSRSmar(Code Development and Design Standards 114 MIND so 16 1t 125,030 !Opr10NAt. Task 2.3: Integmis Other Regulations and Ordinanees' Trek 3: Coordinate the Project 40 $6,600 &TOrl1:FEE (96MMIedln0pflonal Tasks 1.6 and 2.3) $79,410 Expenses (Sr4 of Subtotal Fee) $3.971 TClAL N001R5 140 244 124 122 56 1 TpTAL FEE FOR BASE PROJECT WORK PLAN (Not Including Optional Tasks 1.6 and 9.3)" 5939Mi •Services only provided at the direction of the Commuraty Development Director and with the budget author¢aoon of the City Manager •• Aadget based on the RBF Team's past experience and 2007 billing rates. Revised budget and scope can be provided based upon existing available funds. Note All wcA will be performed at a "Not to exceed" contract price, which will become the firm fixed price upon completion of negotiations with staff autMdeed to negotiate an agreement The total budget includes all miscellaneous costs far reproduction, relmbureeables, telephone, posal, delivery. reference materials and incidental expenses RIF will receive payment either on a percentage basis using milestones or by monthly btlhig, as determined by the Client The REF project manager reserves the right to make adjustments to staff allmatioes as necessary within the, overall budget. Should project extend beyond April 30. Z007, budget may need to be renegotiated Created January 11, 2007. 0" 317 January 11, 2007 f.,kti k7Pi.t LE 6F t7 i! r5'3im qm Ni' lqS, vN I A R.Po t Sporlo, o4 Im 1 UrNcE CITY of LA QUINTA "EXHIBIT U The: following three tasks, pursuant to the agreement between the City of La Quinta and RBF Consulting dated November 8, 2006, are focused on producing a strategic plan for the Vista Santa Rosa Sphere of Influence. The corresponding budgets for these tasks remain in effect. These tasks will build upon the process and deliverables created to date. It is anticipated that the following tasks may be completed at an appropriate future time in the planning process. Task 3.2: Implementation and Annexation Working Session with City Team — The RBF Team will collaborate with the City Team during a 4-hour work session to develop specific implementation steps and annexation strategies for implementing Vista Santa Rosa's preferred direction. The RBF Team believes it is important to work closely with the City Team in this step in order to identify implementation options that work best for the City and that will result in a high likelihood of Implementation. Task 3.3: Prepare Implementation Program and Annexation Strategy (Strategic Plan, Part II) — The RBF Team wAl prepare a brief summary report (up to 10 pages) that describes the implementation program and annexation strategy developed during Task 3.2. This report will be used to present the annexation and implementation strategy to the Planning Commission and City Council as well as to guide future steps to implement the preferred direction for Vista Santa Rosa. Talk 3.4: Present Preferred Direction, Implementation Program, and Annexation Strategy to the Planning Commission and City Council for Recommendation and Direction — The RBF Team will present the preferred direction, implementation program, and annexation strategy to the Planning Commission (one hearing) for recommendation and again to the City Council (one hearing) for direction in a formal public hearing process. Deliverables: • Attendance at and participation in one (1) working session with the City Team by up to three (3) members of the RBF Team • One (I) Hard Copy and one (1) Electronic Copy of Implementation Program and Annexation Strategy (up to 10 pages) • Attendance at and participation in two (2) public hearings — one (1) Planning Commission and one (1) City Council — by up to two (2) members of the RBF Team Phase 3.Assumptions: • The City Team will be responsible for securing meeting facilities, chairs, and tables. 11.2007 fl %f2 f If: Du, I I oP,w, 14 i i IIf MCI t 41A fA RIISA SPflI NF OI IN I -I L'HN(T CITY OF LA QUINTA "EXHIBIT D" TEMPLATE: ADDITIONAL WORK REQUEST SUMMARY JN Request No. January 11, 2007 ADDITIONAL WORK REQUEST SUMMARY Client: Citv of La Work 11equested By: Summitry of Additional Work: Estimated Fee for Additional Work: PnTared By: Authorized By: Li January 'It, 2007 7319 (n c% 4 44" COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Consideration of an Amended Use Agreement by and Between Desert Classic Charities and the City of La Quinta RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Pursuant to the amended agreement (Attachment 1), the City would pay $100,000 ("site fee") to Desert Classic Charities within 30 days after the tournament is held at the Arnold Palmer Classic Course at SilverRock. In addition, there would be costs related to lost public play during the tournament (i.e., the agreement calls for the course to be closed to the public for an eight -day "exclusive period" during the tournament). In the month of January, average daily revenue of $13,360; therefore the estimated revenue loss during the eight day exclusive period would be approximately $106,880. However, this cost is expected to be offset at least in part by merchandise sales at the temporary clubhouse, which will remain open during the tournament; and by additional future play generated as a result of the distinction of being a home course for the Hope Classic. Additionally, the agreement includes a one-time payment by the Hope Classic to the City (or Redevelopment Agency) of $50,000 to offset costs related to improving the 45-acre 'parking area in the northeast corner of the SilverRock Resort property. 320 CHARTER CITY IMPLICATIONS: City Charter Sections 203, Enterprises, and 204, Economic Development, anticipate ventures designed to encourage economic activity to enhance the City's general and other funds. BACKGROUND AND OVERVIEW: On May 18, 2004, the City Council approved a Use Agreement with Desert Classic Charities for exclusive use of the SilverRock Tournament Course during the Bob Hope Chrysler Classic Golf Tournament. The May 18, 2004 staff report and original agreement are included as Attachment 2. This agreement designated the SilverRock Tournament Course to be a home course of the Hope Classic, including a provision that the Saturday Celebrity Round and the Sunday Final Round be held at SilverRock on alternate years. The cost to the City ("site fee") was to be $100,000 plus an additional $10.00 per round for each 18-hole round between 20,000 and 40,000 rounds, plus $1.00 per round for each 18-hole round beyond 40,000 rounds. Under the existing agreement, the site fee could have exceeded $300,000 each year the tournament was played at SilverRock. The original agreement had a fifteen -year term, with the option to extend the term for an additional fifteen years with the written mutual consent of both parties. Desert Classic Charities opted to not hold the tournament at SilverRock Resort in 2006 and 2007. On November 27, 2006, the attorney for Desert Classic Charities informed the City Attorney that rather than proceed with the existing agreement, Desert Classic Charities was proposing a modified agreement. Over the last two months, staff and the City Attorney have been negotiating the amended agreement, which is provided as Attachment 1 for City Council consideration. Changes from the original agreement include: Home Course Designation: The SilverRock Tournament Course would still be designated as "a Home Course of the Bob Hope Chrysler Classic"; however, the requirement for the Saturday Celebrity Rounds and Sunday Final Round to be held at SilverRock on alternating years has been deleted. The SilverRock Tournament Course woulld be in the rotation with the other tournament golf courses. Site Fees: The site fee would be $100,000 each year the tournament is held at SilverRock; there would be no additional "per round" fees. As part of its sponsorship, the City still would receive the following items which were provided for in the first agreement: ten seats at the annual Bob Hope Classic Ball; ten passes to the Bob Hope Club; one thousand passes to the Tournament play taking place at SilverRock Resort; and recognition as an official Tournament sponsor. The seating at the Ball would be "preferred." The City would also still have a representative on Desert Classic Charities' Fund Distribution Committee during the term of the agreement. In the revised agreement, the City also would have the option to purchase ten Ball Sponsor spots at the current established price for players in the tournament with the :standard eligibility requirements. First Alternate Course: A provision has been added that if, for any reason, the Classic Club is not used as the course for the final tournament day, the SilverRock Course would be the first alternate course as long as the course is configured per Exhibit B of the agreement. Term: The term is ten years, with the option to extend the term for an additional ten years with the written mutual consent of both parties. The term will commence with the first year the tournament is played at SilverRock Resort. Second Golf Course at SilverRock: The Hope Classic may, subject to mutual agreement by both parties, have the option of changing the Tournament from the Arnold Palmer Classic Course to the yet unnamed second golf course so long as PGA standards are met. The Hope Classic is the only major PGA event held in the Coachella Valley and receives considerable national exposure. Included within the attached May 18, 2004 staff report is an analysis performed by Economics Research Associates ("ERA") regarding the potential financial impact of hosting a major PGA event. While it should be noted the ERA report anticipated SilverRock hosting the final Sunday round, they did state the golf course would benefit from its association with the tournament and the attendant prestige of holding the tournament at SilverRock. ERA noted that sales of "soft goods" such as shirts, hats, etc. would be higher, and that the on -site hotels and amenities would also derive a direct benefit. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to execute an Amended Use Agreement by and between Desert Classic Charities and the City of La Quinta with any final v' 322 revisions and/or clarifications prepared by the City Manager and the City Attorney; or 2. Do not authorize the City Manager to execute an Amended Use Agreement by and between Desert Classic Charities and the City of La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, z'�Ipc.-sy� Thomas P. Genovese, City Manager Attachments: 1 . Amended Use Agreement 2. May 18, 2004 Staff Report and Original Use Agreement 323 ATTACHMENT 1 AMENDED USE AGREEMENT BY AND BETWEEN DESERT CLASSIC CHARITIES AND THE CITY OF LA QUINTA This Use Agreement ("Agreement") is entered into this day of by and between the City of La Quinta, a municipal corporation ("City") and the Desert Classic Charities, dba Bob Hope Chrysler Classic, a California public benefit corporation ("Hope Classic"). The City and the Hope Classic are sometimes hereinafter individually referred to as "Party" and collectively as "Parties." In consideration of the mutual promises and covenants hereinafter set forth, the Parties agree as follows. SECTION 1. Recitals Section 1.1 The La Quinta Redevelopment Agency ("Agency") owns certain real property generally located on the western side of Jefferson Street between Avenue 52 and Avenue 54 in the City of La Quinta (the "Property"). Section 1.2 The Agency desires and intends to develop on the Property at least one, and perhaps two, golf courses. One golf course on the Property (the "SilverRock Tournament Course") is intended to be a championship golf course generally suitable for use by professional golfers who participate in golf tournaments conducted or sponsored by the PGA Tour, Inc. ("PGAT"). As used herein, the SilverRock Tournament Course may,subject to mutual agreement between the parties, include the 18-hole golf course currently being constructed by the Agency and a second course yet to be planned or constructed.. Once the Agency has completed the construction of the SilverRock Tournament Course, the Agency intends to transfer the SilverRock Tournament Course to the City, which will then assume the maintenance and operation functions the SilverRock Tournament Course. Section 1.3 The Agency has retained the services of the Arnold Palmer Golf Course Design Team (the "Palmer Team") to design the SilverRock Tournament Course. The Hope Classic has and will continue to provide ideas and suggestions to the Palmer Team and the Agency for purposes of the ultimate design and development of the SilverRock Tournament Course. Section 1.4 Once the SilverRock Tournament Course is constructed and transferred to the City, the City and the Hope Classic desire and intend that the Hope Classic have exclusive use of the SilverRock Tournament Course for one (1) consecutive eight -day period each year (the "Exclusive Period") occurring sometime between the first day of January and last day of February, or within a different time period designated by PGAT and agreed to by Hope Classic and the City. The purpose of the Exclusive Period is to allow the Hope Classic to conduct the Bob Hope Chrysler Classic. The City and the Hope Classic agree that the Silver Rock Tournament Course may be designated as "A Home Course of the Bob Hope Chrysler Classic ; 324 119/015610-0065 449424.14 a01/17/07 SECTION 2. Conditions Precedent. The completion of the SilverRock Tournament Course and its transfer to the City by the Agency shall be conditions precedent to the parties' obligations under this Agreement. SECTION 3. Exclusive Use of SilverRock Tournament Course and Conduct of Tournament at SilverRock Tournament Course. In consideration of the payment by the Hope Classic to the City of One Dollar ($1.00) per year, as well as other good and valuable consideration including, without limitation, the good reputation and benefits accorded to the City associated with the Bob Hope Chrysler Classic being conducted in part at the SilverRock Tournament Course, the City and the Hope Classic agree that for the Term of this Agreement (as hereinafter defined), the Hope Classic shall have an exclusive license to use the SilverRock Tournament Course during the Exclusive Period solely for purposes of conducting the Bob Hope Chrysler Classic. Such exclusive use shall be deemed to include use by third parties with whom the Hope Classic enters into agreements for purposes of food and goods concessions, site preparation, and the delivery, set up, and pick up of equipment, provided that the third parties have agreed in writing to independently satisfy the insurance and indemnity provisions contained in this Agreement in favor of the City. The Parties understand and agree that the use of the SilverRock Tournament Course during the Exclusive Period shall include the use of the Parking Facilities (as hereinafter defined). The Exclusive Period shall not extend to the clubhouse which serves the SilverRock Tournament Course, except that the City will use a good faith effort to provide within the; permanent clubhouse a secure area for Tournament contestants who require security, which area shall not be accessible by the public. The Hope Classic recognizes that the clubhouse will remain open to the City, to the public, and to golfers on the second anticipated golf course during the; Exclusive Period, and cannot be closed. Within seven days after the conclusion of the Exclusive: Period, the Hope Classic shall be responsible for returning the condition of the SilverRock Tournament Course, and all other portions of the Property utilized in connection with the Tournament, to the same condition that the facilities where in prior to the Exclusive Period. The restoration of the SilverRock Tournament Course shall be subject to the review and approvalof the City Manager or his or her designee. The obligation to restore the SilverRock Tournament Course to its prior condition shall be the obligation of the Hope Classic even if the condition to be repaired or restored was caused by one or more of the subcontractors, agents, or sublicensees of the Hope Classic. SECTION 4. Replacement Tournament/Sponsor, If the Hope Classic ceases to conduct the Bob Hope Chrysler Classic during the Term of this Agreement, or if the named sponsor of the tournament changes, this Agreement will extend to a successor or replacement golf tournament only if all of the following conditions are met: (1) the tournament is conducted and sponsored by the PGAT; (2) the tournament provides equal or greater media exposure and goodwill for the City and the SilverRock Tournament Course; (3) the tournament and/or new sponsor is approved by the Hope Classic; (4) the tournament is approved by the City Council; and (5) the new sponsor is approved in writing by both the PGAT and Hope Enterprises, Inc. With regard to condition (4) stated in the prior sentence, the City Council hereby agrees that a tournament will automatically satisfy that condition and is considered "pre -approved" by the City Council if it meets all of the following three criteria: (i) the Bob Hope name is used in the title of the tournament; (ii) the tournament is at least four (4) days in length; and (iii) the tournament is conducted and sponsored by the PGAT. The Bob Hope Chrysler Classic and a replacement tournament meeting all of the five (5) requirements in the first sentence of this Section .are collectively referred to hereinafter as the "Tournament"). If the Hope Classic ceases to conduct the Bob Hope Chrysler Classic as it currently is conducted, or if the named sponsor of the event changes, this Agreement shall terminate unless the replacement tournament meeting these five requirements is to be conducted without missing a year. 325 119/015610-000 449424.14 AI/12/07 SECTION 5. Grant of Non -Exclusive Use of the Property. The Parties further agree that the Hope Classic shall have a non-exclusive license for access to and use of the SilverRock Tournament Course, and all facilities and amenities related thereto on the SilverRock Tournament Course, for a period commencing forty-five (45) days prior to the Exclusive Period and extending to the Exclusive Period, and then again commencing at the conclusion of the Exclusive Period and extending seven (7) days following the Exclusive Period (the "Non - Exclusive Period"), solely for the purpose of installing temporary equipment and facilities, removing such equipment and facilities, restoring the SilverRock Tournament Course to its prior condition, and completing other activities necessary for the preparations for the Tournament or for carrying out the Post -Tournament requirements of this Agreement. Any and all activities conducted by the Hope Classic and its agents and concessionaires on the Property (luring the Non -Exclusive Period shall be conducted in such a manner so as to in no way interfere with the regular and ongoing use and enjoyment of the SilverRock Tournament Course by golfers, clubhouse users, and by the City. In addition, the activities by the Hope Classic or its agent and concessionaires on the Property during the Non -Exclusive Period shall be conducted in such a manner so as to in no way interfere with the use, enjoyment, or construction of any other part of the Property. Such non-exclusive use shall be deemed to include use by third parties with whom the Hope Classic enters into agreements for purposes of completing the required activities during that period, provided that the third parties have agreed in writing to independently satisfy the insurance and indemnity provisions contained in this Agreement in favor of the City. SECTION 6. Notice of Exclusive Period. The Hope Classic shall provide to the City written notice of the dates of the Exclusive Period at least ninety (90) calendar days prior to the commencement of the Exclusive Period. If the PGAT announces its schedule for the coming year prior to the ninety (90) day period, the Hope Classic shall provide such written notice within five (5) business days of its receipt of such schedule information. SECTION 7. Parkins Facilities. Prior to the commencement of the Term of this Agreement, the City shall designate approximately 45-acres of the Property ("the 45-Acre Site"), which will be able to accommodate parking during the Tournament Once the 45-Acre Site has been designated by the City, the Hope Classic will provide a one-time contribution of Fifty Thousand Dollars ($50,000.00) ("One -Time Contribution") to the City, or at the City's election, to the Agency, for the installation of turf, irrigation, and soil preparation and contouring on the 45-Acre Site. The One -Time Contribution will be made within thirty (30) days after the date that the City or Agency approve the award of a contract for the development of the 45-Acre Site. If, after the 45-Acre Site is initially developed in a manner that can accommodate Tournament parking, the City determines to change use of the 45-Acre Site in a manner that will no longer accommodate Tournament parking, the City will designate 45-acres in another location of the Property to be used for Tournament parking ("the Replacement 45-Acre Site"). The areas designated by the City for parking shall be referred to hereinafter as the "Parking Facilities". Hope Classic shall be responsible for all measures necessary to prevent dust generation from the Parking Facilities during the Exclusive Period. The Hope Classic shall have exclusive use of and shall be responsible for operating the Parking ]Facilities during the Exclusive Period. Within seven days after the Exclusive Period, the Hope; Classic shall return the Parking Facilities to the condition that the Parking Facilities were; in ;prior to the Exclusive Period. However, as to the Replacement 45-Acre Site, if the surface is not turfed or paved, the City shall be responsible for the installation of soil stabilizer. In addition, the agreements that the Hope Classic enters with any operator or operators of the Parking Facilities must require that the operator(s) provide the same or greater r) ,J 326 119/015510-0065 449424.14 a01/ 12107 levels of insurance and indemnity favor of the City as are set forth Section 15 and Section 16.2, below. The Hope Classic agrees that the City shall have no liability for any injuries or losses arising out of the use of the Parking Facilities. SECTION 8. Maintenance of Golf Course. Except for the Hope Classic's obligation to return the SilverRock Tournament Course to its prior existing condition as specified in Section 3, the City shall;, at its cost and expense, maintain the SilverRock Tournament Course throughout the year in good condition. In addition, during the thirty (30) day period prior to the Exclusive Period, the City shall take such further necessary steps to prepare the SilverRock Tournament Course for the Tournament in accordance with the course conditioning plan as required by the PGA Tour Tournament officials and the Hope Classic. The Hope Classic recognizes and agrees that the City will not close the SilverRock Tournament Course or limit the play thereon prior to the Exclusive Period under any circumstances. The City shall continue to be responsible, at its cost and expense, for the operation and maintenance of the SilverRock Tournament Course throughout the Exclusive Period. SECTION[ 9. Designation of SilverRock Tournament Course. Following the execution of this Agreement, the City, the Agency, their agents, and their respective successors -in -interest on other portions of the Property, if any, may designate and refer to the SilverRock Tournament Course as a home course of the Bob Hope Chrysler Classic [or Tournament Name]" or as "a course of the Bob Hope Chrysler Classic (or Tournament Name]." In addition, the City and the Agency, in the promotion of the SilverRock Tournament Course, may use the Hope Classic logos, without alteration except as to size, copies of which are attached hereto as Exhibit "A" ("Logos"). The authorized references may appear in brochures, in advertising, and on signage relating to the Property. The Hope Classic represents, and warrants that it has the legal authority to grant these rights, and understands that these rights are a material inducement to the City to enter into this Agreement, and further agrees to hold harmless, indemnify and defend the City and Agency for any claims asserted against it for the use of the above -referenced language. Use of the Logos by persons other than the City or Agency is subject to the prior written approval of the Hope Classic. The Parties understand and agree that the Tournament shall, in part, be conducted at other regional golf courses each year in addition to the SilverRock Tournament Course. The Hope Classic agrees to use its best efforts to cause the broadcast partner televising the Tournament to televise certain spots depicting and promoting the SilverRock Tournament Course and the City of La Quinta, and to identify the location as being in the City of La Quinta. In the event that the Classic Club for any reason is not to be used as the course for the final day of the Tournament, the Silver Rock Course will be the first alternate as the course for the final day of play so long as the course and property mey be configured in similar fashion to that used at the Classic Club a copy of such configuration is attached hereto as Exhibit 111311. SECTION[ 10. Parking, Concession and Green Fee Receipts. The Hope Classic shall have exclusive authority and responsibility for the operation of the Parking Facilities and any and all concessions of food and/or goods on the SilverRock Tournament Course during the Exclusive Period, except with respect to facilities located within the clubhouse. The Parties agree that during the Exclusive Period, the Hope Classic solely shall be entitled to collect and retain any and all parking fees and payments with respect to use of the Parking Facilities, as well as fees and payments from food and other 327 119/015610-0065 449424.14 a01/12/07 concessions on the SilverRock Tournament Course, except for the continuing operations of food and concession facilities located within the clubhouse. In addition, the Hope Classic; shall be entitled to receive from the City the sum of One Hundred Thousand Dollars ($1.00,000.00) each year payable within thirty (30) days after the conclusion of the Tournament being held at the SilverRock Tournament Course, provided that the restoration requirements of Sections 3 and 7, and the equipment removal requirement of Section 5, have been timely satisfied and the condition of the SilverRock Tournament Course: and Parking Facilities has been approved by the City Manager or his or her designee. SECTION 11. Hope Classic Participation in Design of Golf Course; Berms and Lakes. Section 11. Design Input. _The Hope Classic shall continue to submit suggestions and comments to the Agency and Design team of the City throughout the period during which the SilverRock Tournament Course is designed and in addition during the design of the second course.. For this purpose, the City shall regularly apprise, and shall request the Agency to cause the Design team to regularly apprise, the Hope Classic of all plans and revised plans for the SilverRock Tournament Course so that the Hope Classic will have reasonable and sufficient time to prepare and submit to the Agency, the City, and the Design Team, comments and suggestions concerning the design of the SilverRock Tournament Course and any second course being designed and constructed. The Hope Classic recognizes that while its comments will be considered, the comments may or may not be incorporated into the final design, and further acknowledges that the approval of the final design for the SilverRock Tournament Course or any course rests solely with the Agency and its staff. SECTION 12. Second Course. In the event a second course is planned for this property the Hope: Classic may, subject to mutual agreement of the parties, have the option of changing the Tournament from the Silver Rock Course to the yet unnamed second course so long as standards of the PGA Tour are met. SECTION 13. Effective Date of Agreement. The effective date of this Agreement shall be the date of execution of this Agreement by the last party to execute the Agreement (the "Effective Date"). SECTION 14. Term of Agreement. The term of this Agreement shall commence on January 1 st following the satisfaction of both (1) the conditions precedent set forth in Section 2 and, (2) a determination has been made by the City and the Hope Classic that the turf, greens and landscaping on the SilverRock Tournament Course are sufficiently established for tournament play. However, if these two conditions are not are satisfied prior to October 1st , rather than commencing on January 1st of the following; year, the term would commence on January 1st one year later. By way of example, if the conditions are satisfied on September 15, 2005, the Term would commence on January 1, 2006, and the Tournament would be played at the SilverRock Tournament Course in the January -February 2006 time period. If the conditions are satisfied on November 1, 2005, the Term would commence on January 1, 2007. This Agreement shall remain in effect for a period of ten (10) years after commencement as provided in this Section (the "Term"). The Parties acknowledge that as to the first year of the Term, a portion of the first Non -Exclusive Period may U �� 119/015610-0065 449424.14 a01/1.2/07 pre -date the Term. The Hope Classic shall comply with all of its obligations under this Agreement: for any such portion of the first Non -Exclusive Period which predates the Term. However, the City shall have no obligation to make any payments to the Hope Classic for such time period. If for any reason the Term has not commenced on or before January 1, 2008, this Agreement shall automatically terminate without notice. The Term may be extended beyond the original 10-year Term with the written mutual consent of both Parties for an additional ten (10) years. Notwithstanding any provision herein or in this Agreement to the contrary, the Parties agree that if and when, if at all, the PGAT terminates its affiliation with or sponsorship of the Tournament, then either Party may, but is not obligated to, terminate this Agreement upon submission of written notice to the other Party, without further right or obligation of either Party to the other Party, except for any unfulfilled obligations otherwise existing at the time of termination of this Agreement. In addition, as specified in Section 4, if the Hope Classic ceases to conduct the Bob Hope Chrysler Classic and no replacement tournament meeting the five requirements of Section 4 is to be conducted, this Agreement shall terminate . The Hope Classic agrees to provide written notice to the City within 10 business days of (1) any action by the PGAT indicating is has or may terminate its affiliation with or sponsorship of the Tournament; and (2) any action or decision that may cause the Hope Classic to not conduct the Bob Hope Chrysler Classic. SECTION 15. Insurance. Section 15.1 Minimum Scone of Insurance. The Hope Classic and the City shall each procure and maintain throughout the term of this Agreement, at their respective cost and expense, the following types of insurance to govern their use of the Property: (1) a comprehensive general liability and property damage insurance and (2) worker's compensation insurance (as required by law) and employers' liability insurance ("Insurance Policies"). Such Insurance Policies shall insure; against all claims for death and injuries to persons and damages to property which may arise from or in connection with the use of the Property. Section 15.2 Minimum Limits of Insurance. Coverage shall provide limits no less than: (1) General Liability: $10,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Agreement or the general aggregate limit shall be twice the required occurrence limit; and (2) Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employers' liability limits of $1,000,000.00 per accident for bodily injury or disease. Section 15.3 Insurance Endorsements. The Insurance Policies shall contain the following provisions, or the Hope Classic and the City, respectively, shall provide endorsements or additional party certificates to add the following provisions to the Insurance Policies: Section 15.4 General Liability. The general liability policy shall be endorsed to state that: (A) the other Party, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the performance of the Agreement by the insuring Party and its officials, officers, directors, administrators, agents, representatives, employees or volunteers, including materials, parts or equipment furnished in connection with such services; and (B) the insurance coverage shall be primary insurance with respect to the other Party and its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the insuring Party's scheduled underlying 2 39 119/015610-0065 449424.14 a01/12/07 coverage. Any insurance or self-insurance maintained by the other Party or its directors, officials, officers, employees and agents shall be excess of the insuring Party's insurance and shall not be: called upon to contribute with it in any way. The Hope Classic shall also list the City's golf course operator as an additional insured. Section 15.5 Workers' Compensation and Employers Liability Coverage. The insurer shall agree; to waive all rights of subrogation against the other Party and its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise iiom work performed by the insuring Party. Section 15.6 All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, reduced or canceled except after ten (10) days prior written notice by first class mail has been given to the other Party. Section 15.7 Separation of Insureds• No Special Limitations. The Insurance Policies required by this Section shall contain standard separation of insureds provisions. In addition, such Insurance Policies shall not contain any special limitations on the scope of protection afforded to the other Party or its directors, officials, officers, employees and agents. Section 15.8 Acceptability of Insurers. Insurance is to be placed with: (1) insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the non -insuring Party; (2) with a joint powers agency acceptable to the non -insuring Party; or (3) under a self insurance program acceptable to the other Party. Any deductible under the Insurance Policies issued shall be the responsibility of, and paid by, the insuring Party. Section 15.9 Verification of Coverage. Each Party shall have the right of reasonable approval over any Insurance Policy obtained by the Other Parry. Each Party shall furnish original certificates of insurance and endorsements effecting coverage required by this Agreement with the other Party. The certificates and endorsements for each policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Each Party reserves the right to require complete, certified copies of the required Insurance Policies at any time. Each Party may at any time review the insurance coverage obtained by the other Party, the coverage limits, the provider, or the form of the policy and may require that alternate or modified coverage be obtained if, in any Party's prudent business judgment, the policy is insufficient to provide adequate protection against the kind and extent of risk that is foreseeable for the use of the Property under this Agreement. SECTION 16. Indemni . Section 16.1 City to Indemnify. The City hereby agrees to indemnify, defend, and hold the Hope Classic and its officials, officers, employees, volunteers, and agents ("Hope Classic Indemnified Patties") harmless against and from any liability for any claim, action or proceeding against the Hope Classic Indemnified Parties that arises solely out of any negligent acts, omissions, or willful misconduct by the City and its officials, officers, employees, volunteers and agents in the performance of any act related to the subject matter of this Agreement. In their sole, discretion and at their own cost and expense, the Hope Classic Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of their choice; however, such participation shall not relieve the City of any obligation imposed pursuant to this Agreement. The Hope Classic shall promptly notify the City of any such claim, action or proceeding and shall cooperate fully in the defense of the same. 330 119/015Ed0-0065 449424.14 a01/12/07 Section 16.2 Hone Classic to Indemnify . The Hope Classic hereby agrees to indemnify, defend, and hold the City, its golf course operator, the Agency, and their respective officials, officers, employees, volunteers, and agents ("City Indemnified Parties") harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that arises solely out of any negligent acts, omissions, or willful misconduct by the Hope Classic and its Officials, officers, employees, volunteers, and agents in the performance of any act related to the subject matter of this Agreement. The Hope Classic further agrees to indemnify, defend, and hold the City Indemnified Parties harmless against and from any liability for any claim, action or proceeding; against the City Indemnified Parties that (1) relates to the Tournament; (2) relates in any way to the use of Property (including, but not limited to, the SilverRock Tournament Course, the Parking Facilities, or the portions of the Property leading thereto) in connection with the Tournament; or (3) arises or accrues during the Non -Exclusive Period as a result of the activities of the Hope Classic or its officials, officers, employees, volunteers, agents, or contractors In their sole discretion and at their own cost and expense, the City Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of its choice; however, such participation shall not relieve the Hope Classic of any obligation imposed pursuant to this Agreement. The City shall promptly notify the Hope Classic of any such claim, action or proceeding and shall cooperate fully in the defense of the same. Section 16.3 Claims Arising from Joint Acts or Omissions. The City and the Hope Classic, respectively, shall provide their own defense with respect to any claim, action or proceeding that arises out of the joint acts or omissions of the Parties arising from this Agreement. In such situation, both the City and the Hope Classic shall retain their own legal counsel and shall bear their own defense costs. Each Party shall waive any right to reimbursement of defense costs from the other. Section 16.4. Joint Defense. Notwithstanding the provisions of Section 16.3 above, the City and the Hope Classic may agree in writing to a joint defense of any claim, action or proceeding that arises out of the joint acts or omissions of the Parties. Any such agreement may provide that the Parties appoint mutually acceptable legal counsel to defend such claim, action or proceedings. In such a case, the Parties shall bear equally the cost of any joint defense and any amount paid by the Parties in settlement of, or as a result of a court judgment, arbitration or mediation award related to the claim, action or proceeding, if any. The Parties shall also share equally in any amount awarded to or received by both Parties in settlement of, or as a result of, a court judgment, arbitration or mediation award of such a claim, action or proceeding Neither Party may bind the other Party to any settlement of such a claim, action or proceeding, without the express written consent of the other Party. Section 16.5. Comparative Fault. Notwithstanding any provision contained herein to the contrary, in the event of any settlement, court judgment, or arbitration or mediation award that allocates or determines the comparative fault of the Parties, either Party may seek the reimbursement from the other Party, of defense costs, settlement payments, judgments or awards, that are consistent with such comparative fault to the extent that such settlement, judgment, award, payment or cost are not covered by insurance the Parties are required to maintain under this Agreement. SECTION 17. No Unstated Requirements. The Parties agree that in carrying out this Agreement, the City shall not be responsible to take any actions, or refrain from taking any action, beyond those expressly set forth in this Agreement in order to comply with any PGAT rules, regulations or requirements. The Hope Classic shall be solely responsible, at its expense for both of the following: (1) obtaining any 331 119/015690-0065 449424.14 aovl2/07 necessary approvals from the PGAT in order to conduct the Tournament at the SilverRock Tournament Course; and (2) meeting all of the rules, regulations or requirements of the PGAT to conduct the Tournament at the SilverRock Tournament Course. This Section shall not supersede the obligations imposed upon the City in Section 8 of this Agreement. SECTION 18. Entire Agreement; Amendment. This Agreement and the terms herein stated shall constitute the entire Agreement between the Hope Classic and the City and supersedes all prior written and verbal agreements, representatives, promises or understandings between the Parties. However, this Agreement shall not supercede the license agreement entered into between the Agency and the Hope Classic, for the 2004 Bob Hope Chrysler Classic. Any amendment to this Agreement, or its terms, must be made in writing and be executed by both Parties. SECTION 19. Assignment and Sublease. This Agreement or any interest of either Party herein shall not at any time after the date hereof, without the prior written consent of the other Party, be assigned or transferred. SECTION 20. Operational Contacts. The Hope Classic and the City shall provide each other with the names and telephone numbers of personnel that are responsible for the day to day operations of programs and facilities including after-hours contacts in the event of emergency situations. Said list shall be updated as needed based on personnel changes. SECTION 21. Additional City Benefits. The Hope Classic shall provide to the City the following additional benefits. Section 21.1 Membership on Committee. The City, at its option, may have a representative on the Fund Distribution Committee ("Committee") during the Term of this Agreement. If the Committee is dissolved, the City will hold a seat on the replacement committee that determines the distribution of the charitable funds generated by the Hope Classic. The representative shall have the same voting rights and other privileges as all other members of the Committee. Section 21.2 Event Related Items. The City annually shall be provided, free of charge, with all of the following: (1) ten (10) seats (a table with preferred seating) at the Bob Hope Classic Ball; (2) ten (10) passes to the Bob Hope Club; (3) one thousand (1000) passes to the Tournament play at SilverRock Tournament Course; and (4) the City will be recognized as an official sponsor of the Tournament. Section 21.3 Player Spots. The City may purchase ten (10) Ball Sponsor spots at the current established price for players in the tournament with the standard eligibility requirements. Section 21.4 Advertising. Joint press release will be utilized for the announcement of the inclusion of the Silver Rock Course in the Tournament rotation for the 2008 tournament. No large signage advertising Palm Springs on the Silver Rock: Course nor in La Quinta city but may be included in normal advertising (such as logo etc). U 332 119/015610-0065 449424.14 a01/12/07 SECTION 22.. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Party to the other shall be in writing and shall be sufficiently given and served upon the other Party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: City: City Manager City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Hope Classic: Bob Hope Chrysler Classic, P.O. Box 865 Rancho Mirage, CA 92270 Attn: President Either Party may change its address by giving notice to the other Party in the manner provided for in this Section. SECTION 23. Non -Discrimination. Each of the Parties hereto covenants by and for itself, its administrators and assigns, and all persons claiming under or through it, that this Agreement is made subject to the condition 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 use, occupancy or enjoyment of the Property subject to this Agreement. SECTION 24. Waiver. The failure of either Party to insist upon strict performance of any of the teams, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained. SECTION 25. Counterparts. This Agreement may be executed in two (2) nor more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. SECTION 26. Attorneys Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action. SECTION 27. Applicable Law and Venue. This Agreement shall be interpreted in accordance with the ]laws of the State of California. Any legal action or proceeding brought to enforce the terms and provisions of this Agreement shall be brought in the Superior Court of the State of California, Riverside County or in the United States District Court, Central District of California. SECTION 28. Agency as Third Party Beneficiary. With regard to the provisions in this Agreement which reference the Agency, the Agency shall be deemed to be a third party beneficiary of this Agreement. 0- 333 119/015610-0065 449424.14 a01/12/07 IN WITNEISS WHEREOF, the Parties hereto have executed this Agreement in duplicate originals as of the dates set forth below, DATED: ATTEST: Veronica Montecino, City Clerk APPROVED AS TO FORM: City Attorney, City of La Quinta APPROVED AS TO FORM Dave Erwin, Best Best & Krieger, Counsel for Desert classic Charities 119/015610-0065 449424.14 aovlva7 CITY OF LA QUINTA By: City Manager, City of La Quinta DESERT CLASSIC CHARITIES 02 U'.. 33 EXHIBIT B a >c A s t;•s . H V � V c u 335 90Y-d Z001/d00"d Yid-1 009904E091 N393INN 1S39 1S39-WD1d OOlI iO-ID-1002 ATTACHMENT 2 ,� Qui►�c�w OF COUNCIIJRDA MEETING DATE: May 18, 2004 ITEMTITI.E: Consideration of an Agreement With the Bob Hope Chrysler Classic to Host the Hope Classic Tournament at SilverRock Resort RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: _ Authorize the City Manager to execute a Use Agreement ("Agreement") (Attachment 1), with Desert Classic Charities for use of the tournament course at SilverRock Resort. FISCAL IMPLICATIONS: Pursuant to the Agreement, City costs are estimated between $100,000 and $310,000 in fees, depending upon annual play at SilverRock Resort. Additional costs may include "opportunity costs" (i.e., lost public play on the golf course during the tournament), and enhanced maintenance for the golf course and parking. All inclusive, total costs are estimated between $250,000 and $464,000. These expenses are expected to be offset by revenue from enhanced rates and additional play generated as a result of the Agreement. CHARTER CITY IMPLICATIONS: City Charter Sections 203, Enterprises, and 204, Economic Development, anticipate ventures designed to encourage economic activity to enhance the City's general and other funds. BACKGROUND AND OVERVIEW: The City's Redevelopment Agency is in the process of designing and developing a tournament quality golf course as part of Phase I development of SilverRock Resort. The Agency contemplated tournament play on this course to the point of including U 336 provisions within the golf architect's contract for a "tournament consultant" to assist in project, design. The only major PGA Tournament currently held in the Valley is the Bob Hope Chrysler Classic. The Classic is a well established PGA event and traditionally kicks off the new PGA season. Accordingly, the tournament gets considerable national exposure and will benefit SilverRock from a marketing perspective. This national marketing exposure is expected to translate into enhanced project revenue (see ERA analysis, Attachment 2). Additionally, it should be noted that the Classic is one of the Valley's premiere charitable organizations providing support to many local human services organizations. The business terms contained within the Agreement include: Home Course Designation: City allowed to identify the course as "a home course" or "home course for the Classic Tournament. Course will serve as home course for Classic Tournament in alternating years, and will be utilized for portions of the event in the off years. City and Agency permitted to use the logos for the Classic in promotional materials for the Course. Third parties must get permission to use logos. Design Input: Classic to serve as "Tournament Consultant" pursuant to the design contract with Palmer Course Design Company. Exclusive Period: Classic to have exclusive use of the tournament course for eight days. Non -Exclusive Period: Classic to have non-exclusive use of the course for 45 days for setup and 7 days for takedown purposes, extended by 14 days for takedown on years when the course serves as the host. Maintenance: City to maintain the course throughout the year in good condition. In addition, during the month prior to the Classic Tournament, the City will take such further steps necessary to prepare the course for the Tournament. e Site Fees: City to pay a base site fee of $100,000, plus $10 per round for each 18-hole round between 20,000 and 40,000 rounds, plus $1 per round for each 18-hole round beyond 40,000 rounds. Parking: City to designate a 45-acre parking site on the SilverRock Resort Property. Classic to make a one-time contribution of $50,000 for turf and irrigation costs. Classic to take care of dust control during event. If parking area is moved during the term of the Agreement, Classic will not have to make u'u, 337 capital contribution for improvement of new area. The year-round dust control measures would be City obligation (e.g., installation of soil cement after event is over) . e Term: 15 years. The term would begin with the first year that the course is deemed suitable and used for tournament play. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to execute a Use Agreement with Desert Classic Charities for use of the tournament course at SilverRock Resort; or 2. Do not authorize the City Manager to execute a Use Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: f��( .D'YN , .%/' Thomas P. Genovese, City Manager Attachment: 1. Use Agreement 2. ERA analysis G 338 ATTACHMENT 1 USE AGREEMENT BY AND BETWEEN DESERT CLASSIC CHARITIES AND THE CITY OF LA QUINTA This Use Agreement ("Agreement') is entered into this _ day of May, 2004 by and between the City of La Quints, a municipal corporation ("City") and the Desert Classic Charities, dba Bob Hope Chrysler Classic, a California public benefit corporation ("Hope Classic"). The City and the Hope Classic are sometimes hereinafter individually referred to as "Parvi' and collectively as "Parties." In consideration of the mutual promises and covenants hereinafter set forth, the Parties agree as follows: SECTION 1. Recitals Section 1.1 The La Quinta Redevelopment Agency ("Agency") owns certain real property generally located on the western side of Jefferson Street between Avenue 52 and Avenue 54 in the City of La Quinta (the "Property'). Section 1.2 The Agency desires and intends to develop on the Property at least one, and perhaps two, golf courses. One golf course on the Property (the "SilverRock Tournament Course') is intended to be a championship golf course generally suitable for use by professional golfers who participate in golf tournaments conducted or sponsored by the PGA Tour, Inc. CTG.AT" ). As used herein, the SilverRock Tournament Course shall only include the 18-hole golf course currently being constructed by the Agency. This Agreement shall not apply to any additional golf courses development on the Property. Once the Agency has completed the construction of the SilverRock Tournament Course, the Agency intends to transfer the SilverRock Tournament Course to the City, which will then assume the maintenance and operation functions the SilverRock Tournament Course. Section 1.3 The Agency has retained the services of the Arnold Palmer Golf Course Design Team (the "Palmer Team") to design the SilverRock Tournament Course. The Hope Classic has and will continue to provide ideas and suggestions to the Palmer Team and the Agency for purposes of the ultimate design and development of the SilverRock Tournament Course. Section 1.4 Once the SilverRock Tournament Course is constructed and transferred to the City, the City and the Hope Classic desire and intend that the Hope Classic have exclusive use of the SilverRock Tournament Course for one (1) consecutive eight -day period each year (the "'Exclusive Period") occurring sometime between the first day of January and last day of February, or within a different time period designated by PGAT and agreed to by Hope Classic and the City. The purpose of the Exclusive Period is to allow the Hope Classic to conduct the Bob Hope Chrysler Classic. The City and the Hope Classic agree that the SilverRock Tournament Course shall be designated as "A Home Course of the Bob Hope Chrysler Classic" throughout the Term of this Agreement. The City and the Hope Classic further agree that during the Exclusive Period, the Saturday Celebrity Round and the Sunday Final Round of the Bob Lr 359 119ro1$610.0035 449424.12 a0S70/04 Hope Chrysler Classic event shall be held at the SilverRock Tournament Course in altemating years (e.g.„ 2006, 2008, 2010, etc., or 2007, 2009, 2011, etc.) during the Term of this Agreement. The Hope Classic shall be permitted to hold the Saturday Celebrity Round and the Sunday Final Round of the Bob Hope Chrysler Classic event at the SilverRock Tournament Course in the intervening "off' years, but is not required to do so. There will be Saturday rounds (other than the Saturday Celebrity Round) played at the SilverRock Tournament Course in the "off' years. SECTION 2. Conditions Precedent. The completion of the SilverRock Tournament Course and its transfer to the City by the Agency shall be conditions precedent to the parties' obligations under this Agreement. SECTION 3. Exclusive Use of SilverRock Tournament Course and Conduct of Tournament at SilverRock Tournament Course. In consideration of the payment by the Hope Classic to the City of One Dollar ($1.00) per year, as well as other good and valuable consideration including, without limitation, the good reputation and benefits accorded to the City associated with the Bob Hope Chrysler Classic being conducted in part at the SilverRock Tournament Course, the City and the Hope Classic agree that for the Term of this Agreement (as hereinafter defined), the Hope Classic shall have an exclusive license to use the SilverRock Tournament Course during the Exclusive Period solely for purposes of conducting the Bob Hope Desert Classic. In each year during the Term of this Agreement, portions of the Bob Hope Desert Classic shall be played at the SilverRock Tournament Course. In addition, in alternating years (e.g., 2006, 2008, 2010, etc., or 2007, 2009, 2011, etc.) during the Term of this Agreement, the Saturday Celebrity Round and the Sunday Final Round of the Bob Hope Chrysler Classic event shall be held at the . SilverRock Tournament Course. The Hope Classic shall be permitted to hold the Saturday Celebrity Round and the Sunday Final Round of the Bob Hope Chrysler Classic event at the SilverRock Tournament Course in the intervening "off' years, but is not required to do so. Such exclusive use shall be deemed to include use by third parties with whom the Hope Classic enters into agreements for purposes of food and goods concessions, site preparation, and the delivery, set up, and pick up of equipment, provided that the third parties have agreed in writing to independently satisfy the insurance and indemnity provisions contained in this Agreement in favor of the City. The Parties understand and agree that the use of the SilverRock Tournament Course during the Exclusive Period shall include the use of the Parking Facilities (as hereinafter defined). The Exclusive Period shall not extend to the clubhouse which serves the SilverRock Tournament Course, except that the City will use a good faith effort to provide within the permanent clubhouse a secure area for Tournament contestants who require security, which area shall not be accessible by the public. The Hope Classic recognizes that the clubhouse will remain open to the City, to the public, and to golfers on the second anticipated golf course during the Exclusive Period, and cannot be closed. Within seven days after the conclusion of the Exclusive Period, the Hope Classic shall be responsible for returning the condition of the SilverRock Tournament Course, and all other portions of the Property utilized in connection with the Tournament, to the same condition that the facilities where in prior to the Exclusive Period. The restoration of the SilverRock Tournament Course shall be subject to the review and approval of the City Manager or his or her designee. The obligation to restore the SilverRock Tournament Course to its prior condition shall be the obligation of the Hope Classic even if the condition to be repaired or restored was caused by one or more of the subcontractors, agents, or sublicensees of the Hope Classic. 119/0156104NS _L_ /49424.12805AWN SECTION 4. Ro rent Toumamm-1 Svonsor. If the Hope Classic ceases to conduct the Bob Hope Chrysler Classic during the Term of this Agreement, or if the named sponsor of the tournament changes, this Agreement will extend to a successor or replacement golf tournament only if all of the following conditions are met: (1) the tournament is conducted and sponsored by the PGAT;; (2) the tournament provides equal or greater media exposure and goodwill for the City and the SilverRock Tournament Course; (3) the tournament and/or new sponsor is approved by the Hope Classic; (4) the tournament is approved by the City Council; and (5) the new sponsor is approved in writing by both the PGAT and Hope Enterprises, Inc. With regard to condition (4) stated in the prior sentence, the City Council hereby agrees that a tournament will automatically satisfy that condition and is considered "pre -approved" by the City Council if it meets all of the following three criteria: (i) the Bob Hope name is used in the title of the tournament; (ii) the tournament is at least four (4) days in length; and (iii) the tournament is conducted and sponsored by the PGAT. The Bob Hope Chrysler Classic and a replacement tournament meeting all of the five (5) requirements in the first sentence of this Section are collectively referred to hereinafter as the "Tournament"). If the Hope Classic ceases to conduct the Bob Hope Chrysler Classic as it currently is conducted, or if the named sponsor of the event changes, this Agreement shall terminate unless the replacement tournament meeting these five requirements is to be conducted without missing a year. SECTION 5. Grant of Non -Exclusive Use of the Prooerty. The Parties further agree that the Hope Classic shall have a non-exclusive license for access to and use of the SilverRock Tournament Course, and all facilities and amenities related thereto on the SilverRock Tournament Course, for a period commencing forty-five (45) days prior to the Exclusive Period and extending to the Exclusive Period, and then again commencing at the conclusion of the Exclusive Period and extending seven (7) days following the Exclusive Period (the "Non - Exclusive Period"), solely for the purpose of installing temporary equipment and facilities, removing such equipment and facilities, restoring the SilverRock Tournament Course to its prior condition, and completing other activities necessary for the preparations for the Tournament or for carrying out the Post -Tournament requirements of this Agreement. During the alternating years when the SilverRock Tournament Course is serving as the Home Course for the Tournament, the Non -Exclusive Period shall be extended for seven (7) additional days for the final equipment removal. All other activities, however, including completing all restoration activities, however, must be completed in the first seven (7) days of the Non -Exclusive Period. Any and all activities conducted by the Hope Classic and its agents and concessionaires on the Property during the Non -Exclusive Period shall be conducted in such a manner so as to in no way interfere with the regular and ongoing use and enjoyment of the SilverRock Tournament Course by golfers, clubhouse users, and by the City. In addition, the activities by the Hope Classic or its agent and concessionaires on the Property during the Non -Exclusive Period shall be conducted in such a manner so as to in no way interfere with the use, enjoyment, or construction of any other part of the Property. Such non-exclusive use shall be deemed to include use by third parties with whom the Hope Classic enters into agreements for purposes of completing the required activities during that period, provided that the third parties have agreed in writing to independently satisfy the insurance and indemnity provisions contained in this Agreement in favor of the City. SECTION 6. Notice of Exclusive Period. The Hope Classic shall provide to the City written notice of the dates of the Exclusive Period at least ninety (90) calendar days prior to the ; . 3 41 11"15610-" -3- 7 "%24.12,aviON 2 3 commencement of the Exclusive Period. If the PGAT announces its schedule for the coming year prior to the ninety (90) day period, the Hope Classic shall provide such written notice within five (5) business days of its receipt of such schedule information. SECTION 7. Parkin& Facilities. Prior to the commencement of the Term of this Agreement, the City shall designate approximately 45-acres of the Property ("the 45-Acre Site'), which will be able to accommodate parking during the Tournament Once the 45-Acre Site has been designated by the City, the Hope Classic will provide a one-time contribution of Fifty Thousand Dollars ($50,000.00) ("One -Time Contribution") to the City, or at the City's election, to the Agency, for the installation of turf, irrigation, and soil preparation and contouring on the 45-Acre Site. The One -Time Contribution will be made within thirty (30) days after the date that the City or Agency approve the award of a contract for the development of the 45-Acre Site. If, after the 45-Acre Site is initially developed in a manner that can accommodate Tournament parking, the City determines to change use of the 45-Acre Site in a manner that will no longer accommodate Tournament parking, the City will designate 45-acres in another location of the Property to be used for Tournament parking ("the Replacement 45-Acre Site'). The areas designated by the City for parking shall be referred to hereinafter as the "Parking Facilities". Hope Classic shall be responsible for all measures necessary to prevent dust generation from the Parking Facilities during the Exclusive Period. The Hope Classic shall have exclusive use of and shall be responsible for operating the Parking Facilities during the Exclusive Period. Within seven days after the Exclusive Period, the Hope Classic shall return the Parking Facilities to the condition that the Parking Facilities were in prior to the Exclusive Period. However, as to the Replacement 45-Acre Site, if the surface is not turfed or paved, the City shall be responsible for the installation of soil stabilizer. In addition, the agreements that the Hope Classic enters with any operator or operators of the Parking Facilities must require that the operator(s) provide the same or greater levels of insurance and indemnity favor of the City as are set forth Section 15 and Section 16.2, below. The Hope Classic agrees that the City shall have no liability for any injuries or losses arising out of the use of the Parking Facilities. SECTION 8. Maintenance of Golf Course. Except for the Hope Classic's obligation to return the SilverRock Tournament Course to its prior existing condition as specified in Section 3, the City shall, at its cost and expense, maintain the SilverRock Tournament Course throughout the year in good condition. In addition, during the thirty (30) day period prior to the Exclusive Period, the City shall take such further necessary steps to prepare the SilverRock Tournament Course for the Tournament, except that the Hope Classic recognizes and agrees that the City will not close the SilverRock Tournament Course or limit the play thereon prior to the Exclusive Period under any circumstances. The City shall continue to be responsible, at its cost and expense, for the operation and maintenance of the SilverRock Tournament Course throughout the Exclusive Period. SECTION 9. Designation of SilverRock Tournament Course as "Home Course" for Bob Hone Classic. As partial consideration for the City granting use of the SilverRock Tournament Course and designated portions of the Property to the Hope Classic to conduct the Tournament, the Hope Classic shall designate the SilverRock Tournament Course as "the Home Course" for the Tournament during alternating years (e.g., 2006, 2008, 2010, etc., or 2007, 2009, 2011, etc.) during the Term of this Agreement. Such designation shall generally appear on many, but not necessarily all, brochures and other forms of advertising of the Tournament prepared by the G 1 342 11910156104065 -4- 449424.12 905110/04 Hope Classic annually. Following the execution of this Agreement, the City, the Agency, their agents, and their respective successors -in -interest on other portions of the Property, if any, may designate and refer to the SilverRock Tournament Course as "a home course of the Bob Hope Chrysler Classic [or Tournament Name]" or as "home course of the Bob Hope Chrysler Classic for Tournament Name]." In addition, the City and the Agency, in the promotion of the SilverRock Tournament Course, may use the Hope Classic logos, without alteration except as to size, copies of which are attached hereto as Exhibit "A" ("Logos'). The authorized references may appear in brochures, in advertising, and on signage relating to the Property. The Hope Classic represents and warrants that it has the legal authority to grant these rights, and understands that these rights are a material inducement to the City to enter into this Agreement, and further agrees to hold harmless, indemnify and defend the City and Agency for any claims asserted against it for the use of the above -referenced language. Use of the Logos by persons other than the City or Agency is subject to the prior written approval of the Hope Classic. The Parties understand and agree that the Tournament shall, in part, be conducted at other regional golf courses each year in addition to the SilverRock Tournament Course, except that in the years specified in Section 3, the Saturday Celebrity Round and the Sunday Final Round of the Tournament shall be held exclusively at the SilverRock Tournament Course. The Hope Classic agrees to use its best efforts to cause the network televising the Tournament to televise certain spots depicting and promoting the SilverRock Tournament Course and the City of La Quints, and to identify the location as being in the City of La Quints. SECTION 10. Parkin ¢ Concession and Green Fee Receipts. The Hope Classic shall have exclusive authority and responsibility for the operation of the Parking Facilities and any and all concessions of food and/or goods on the SilverRock Tournament Course during the Exclusive Period, except with respect to facilities located within the clubhouse. The Parties agree that during the Exclusive Period, the Hope Classic solely shall be entitled to collect and retain any and all parking fees and payments with respect to use of the Parking Facilities, as well as fees and payments from food and other concessions on the SilverRock Tournament Course, except for the continuing operations of food and concession facilities located within the clubhouse. In addition, the Hope Classic shall be entitled to receive from the City 0 Hundred Thousand Dollars ($100,000.00) each year payable within thirty ( ) days � e con sion of the Tournament being held at the SilverRock Tournament Course, provided that the restoration requirements of Sections 3 and 7, and the equipment removal requirement of Section 5, have been timely satisfied and the condition of the SilverRock Tournament Course and Parking Facilities has been approved by the City Manager or his or her designee. In addition, the Hope Classic shall be entitled to additional compensation measured as Ten Dollars ($10.00) per green fee for the 18-hole rounds on the SilverRock Tournament Course in excess of 20,000 18- hole rounds annually, up to 40,00018-hole rounds annually, calculated on a calendar year basis. At the point where the rounds at the SilverRock Tournament reach 40,00018-hole rounds annually, the rate per 18-hole round paid to the Hope Classic shall be dropped to One Dollar ($1.00) per green fee for the 18-hole rounds in excess of the 40,000, calculated on a calendaz year basis. By way of example, if 45,00018-hole rounds are played on the SilverRock Tournament Course in a calendar year, the payment to Hope Classic would be the annual fee of $100,001), plus $200,000 for the 18-hole rounds between 20,000 to 40,000, and additional $5,000 for the rounds over 40,000, for a total payment of $305,000. Any and all payments to the Hope Classic pertaining to fees paid for 18-hole golf rounds shall be made by the City within forty-five (45) calendar days following the conclusion of each annual reported period. If for any reason the 119PoI3610-0063 v� Iv 343 1 -5- "901.12 &W110/0/ Tournament has not been played in pad at the SilverRock Tournament Course in any calendar year during the Tenn of this Agreement, no payments will be made by the City to the Hope Classic for that calendar year. SECTION 11. Audit of City Regarding Green Fees, Upon 10-days written notice by the Hope Classic, the City shall permit the Hope Classic and its officers, employees and agents to review during normal business hours all records of the City pertaining to the imposition and/or collection of green fees. In furtherance hereof, the officers, employees and agents of the Hope Classic shall be given the authority by the City to review, inspect and audit the records of the City pertaining to green fees in order to enable the Hope Classic to verify that it has received from the City the payments due the Hope Classic pursuant to Section 10 of this Agreement. The Hope Classic shall pay for any and all costs pertaining to its own audit of the City with respect to green fees; provided, however, that if any such audit results in the determination that the Hope Classic is entitled to receive any funds in addition to those previously paid by the City to the Hope Classic with respect to green fees, then the City shall upon written demand by the Hope Classic promptly reimburse the Hope Classic for all costs incurred by the Hope Classic in conducting such audit. SECTION 12. Hove Classic Particivation in Design of Golf Course; Berms and Lakes. Section 12.1 Design hmut. The Hope Classic shall continue to submit suggestions and comments to the Agency and Palmer Team throughout the period during which the SilverRock Tournament Course is designed. For this purpose, the City shall regularly apprise, and shall request the Agency to cause the Palmer Team to regularly apprise, the Hope Classic of all plans and revised plans for the SilverRock Tournament Course so that the Hope Classic will have reasonable and sufficient time to prepare and submit to the Agency, the City, and the Palmer Team, comments and suggestions concerning the design of the SilverRock Tournament Course. The Hope Classic recognizes that while its comments will be considered, the comments may or may not be incorporated into the final design, and further acknowledges that the approval of the final design for the SilverRock Tournament Course rest solely with the Agency and its staff. SECTION 13. Effective Date of Agreement. The effective date of this Agreement shall be the date of execution of this Agreement by the last party to execute the Agreement (the "Effective Date'). SECTION 14. Term of Agreement. The term of this Agreement shall commence on the January 1" following the satisfaction of both (1) the conditions precedent set forth in Section 2; and (2) a determination has been made by the City and the Hope Classic that the turf, greens, and landscaping on the SilverRock Tournament Course are sufficiently established for tournament play.. However, if these two conditions are not are satisfied prior to October 1e1 , rather than commencing on January 1" of the following year, the term would commence on January 1" one year later. By way of example, if the conditions are satisfied on September 15, 2005, the Term would commence on January 1, 2006, and the Tournament would be played at the SilverRock Tournament Course in the January -February 2006 time period. If the conditions are satisfied on November 1, 2005, the Term would commence on January 1, 2007. This Agreement shall remain in effect for a period of fifteen (15) years after commencement as provided in this Section (the "Terms'). The Parties acknowledge that as to the first year of the Term, a portion of the fast tl9/015610g169 _(� ' 344 419424.12 W110104 U Non -Exclusive Period may pre -date the Term. The Hope Classic shall comply with all of its obligations under this Agreement for any such portion of the first Non -Exclusive Period uwhich predates the Term. However, the City shall have no obligation to make any payments the Hope Classic for such time period. If for any reason the Term has not commenced on or before January 1, 2008, this Agreement shall automatically terminate without notice. The Term may be extended beyond the original 15-year Term with the written mutual consent of both Parties for an additional fifteen (15) years. Notwithstanding any provision herein or in this Agreement to the contrary, the Parties agree that if and when, if at all, the PGAT terminates its affiliation with or sponsorship of the Tournament, then either Party may, but is not obligated to, terminate this Agreement upon submission of written notice to the other Party, without further right or obligation of either Party to the other Party, except for any unfulfilled obligations otherwise existing at the time of termination of this Agreement. In addition, as specified in Section 4, if the Hope Classic ceases to conduct the Bob Hope Chrysler Classic and no replacement tournament meeting the five requirements of Section 4 is to be conducted, this Agreement shall terminate. The Hope Classic agrees to provide written notice to the City within 10 business days of (1) any action by the PGAT indicating is has or may terminate its affiliation with or sponsorship of the Tournament; and (2) any action or decision that may cause the Hope Classic to not conduct the Bob Hope Chrysler Classic. SECTION 15. Insurance. Section 15.1 Miniinun► Seove of Insurance. The Hope Classic and the City shall each procure and maintain throughout the term of this Agreement, at their respective cost and expense, the following types of insurance to govern their use of the Property: (1) a comprehensive general liability and property damage insurance and (2) worker's compensation insurance (as required by law) and employers' liability insurance ("Insurance Policies'). Such Insurance Policies shall insure against all claims for death and injuries to persons and damages to property which may arise from or in connection with the use of the Property. Section 15.2 Minimum Limits of Insurance. Coverage shall provide limits no less than: (1) General Liability: $10,000,000.00 per occurrence for bodily injury, personal injury and Property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Agreement or the general aggregate limit shall be twice the required occurrence limit; and (2) Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employers' liability limits of $1,000,000.00 per accident for bodily injury or disease. Section 15.3 Insurance Endorsements. The Insurance Policies shall contain the following provisions, or the Hope Classic and the City, respectively, shall provide endorsements or additional party certificates to add the following provisions to the Insurance Policies: Section 15.4 General Liability. The general liability policy shall be endorsed to state that: (A) the other Party, its directors, officials, officers, employees and agents shall be covered as additional insureds with respect to the performance of the Agreement by the insuring Party. and its officials, officers, directors, administrators, agents, representatives, employees or volunteers, including materials, parts or equipment famished in connection with such services; 119/015610-OD65 -7- 449424.12 20110104 and (B) the insurance coverage shall be primary insurance with respect to the other Party and its directors, officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the insuring parry's scheduled underlying coverage. Any insurance or self-insurance maintained by the other party or its directors, officials, officers, employees and agents shall be excess of the insuring Party's insurance and shall not be called upon to contribute with it in any way. The Hope Classic shall also list the City's golf course operator as an additional insured. Section 15.5 Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the other Party and its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the insuring Party. Section 15.6 All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, reduced or canceled except after ten (10) days prior written notice by first class mail has been given to the other Party. Section 15.7 Separation of hrsureds• No Special Limitations. The Insurance Policies required by this Section shall contain standard separation of insureds provisions. In addition, such insurance Policies shall not contain any special limitations on the scope of protection afforded to the other Party or its directors, officials, officers, employees and agents. Section 15.8 Acceptability of Insurers. Insurance is to be placed with: (1) insurers with a current A.M. Best's rating no less than A:VUL licensed to do business in California, and satisfactory to the non -insuring Party; (2) with a joint powers agency acceptable to the non - insuring Party; or (3) under a self insurance program acceptable to the other Party. Any deductible under the Insurance Policies issued shall be the responsibility of, and paid by, the insuring Party. Section 15.9 Verification of Coverage. Each Party shall have the right of reasonable approval over any Insurance Policy obtained by the Other Party. Each Parry shall furnish original certificates of insurance and endorsements effecting coverage required by this Agreement with the other Party. The certificates and endorsements for each policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Each Party reserves the right Ito require complete, certified copies of the required Insurance Policies at any time. Each Parity may at any time review the insurance coverage obtained by the other Party, the coverage limits, the provider, or the form of the policy and may require that alternate or modified coverage be obtained if, in any Party's prudent business judgment, the policy is insufficient to provide adequate protection against the kind and extent of risk that is foreseeable for the use of the Property under this Agreement. SECTION 16. Indemnity. Section 16.1 City to Indemnify. The City hereby agrees to indemnify, defend, and hold the Hope Classic and its officials, officers, employees, volunteers, and agents ("Hope Classic indemnified parties") harmless against and from any liability for any claim, action or proceeding against the Hope Classic Indemnified Parties that arises solely out of any negligent acts, r 346 119/015610-0065 -8- 419424.12O05/10/09 omissions, or willful misconduct by the City and its officials, officers, employees, volunteers and agents in the performance of any act related to the subject matter of this Agreement. In their sole discretion and at their own cost and expense, the Hope Classic indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of their choice; however, such participation shall not relieve the City of any obligation imposed pursuant to this Agreement. The Hope Classic shall promptly notify the City of any such claim, action or proceeding and shall cooperate fully in the defense of the same. Section 16.2 Hove Classic to Indemnify. The Hope Classic hereby agrees to indemnify, defend, and hold the City, its golf course operator, the Agency, and their respective officials, officers, employees, volunteers, and agents ("City Indemnified Parties') harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that arises solely out of any negligent acts, omissions, or willful misconduct by the Hope Classic and its officials, officers, employees, volunteers, and agents in the performance of any act related. to the subject matter of this Agreement. The Hope Classic further agrees to indemnify, defend, and hold the City Indemnified Parties harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that (1) relates to the Tournament; (2) relates in any way to the use of Property (including, but not limited to, the SilverRock Tournament Course, the Parking Facilities, or the portions of the Property leading thereto) in connection with the Tournament; or (3) arises or accrues during the Non -Exclusive Period as a result of the activities of the Hope Classic or its officials, officers, employees, volunteers, agents, or contractors. In their sole discretion and at their own cost and expense, the City Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of its choice; however, such participation shall not relieve the Hope Classic of any obligation imposed pursuant to this Agreement. The City shall promptly notify the Hope Classic of any such claim, action or proceeding and shall cooperate fully in the defense of the same. Section 16.3 Claims Arising from Joint Acts or Omissions. The City and the Hope Classic, respectively, shall provide their own defense with respect to any claim, action or proceeding that arises out of the joint acts or omissions of the Parties arising from this Agreement. In such situation, both the City and the Hope Classic shall retain their own legal counsel and shall bear their own defense costs. Each Party shall waive any right to reimbursement of defense costs from the other. Section 16.4 Joint Defense. Notwithstanding the provisions of Section 16.3 above, the City and the Hope Classic may agree in writing to a joint defense of any claim, action or proceeding that arises out of the joint acts or omissions of the Parties. Any such agreement may provide that the Parties appoint mutually acceptable legal counsel to defend such claim, action or proceedings. In such a case, the Parties shall bear equally the cost of any joint defense and any amount paid by the Parties in settlement of, or as a result of a court judgment, arbitration or mediation award related to the claim, action or proceeding, if any. The Parties shall also share equally in any amount awarded to or received by both Parties in settlement of, or as a result of, a court judgment, arbitration or mediation award of such a claim, action or proceeding. Neither . Patty may bind the other Party to any settlement of such a claim, action or proceeding, without the express written consent of the other Party. 341 449424.12 W9/10/04 Section 16.5 Comparative Fault. Notwithstanding any provision contained herein to the contrary, in the event of any settlement, court judgment, or arbitration or mediation award that allocates or determines the comparative fault of the Parties, either Party may seek the reimbursement from the other Patty, of defense costs, settlement payments, judgments or awards, that are consistent with such comparative fault to the extent that such settlement, judgment, ward, payment or cost are not covered by insurance the Parties are required to maintain under this Agreement. SECTION 17. No Unstated Requirements. The Parties agree that in carrying out this Agreement, the City shall not be responsible to take any actions, or refrain from taking any action, beyond those expressly set forth in this Agreement in order to comply with any PGAT rules, regulations or requirements. The Hope Classic shall be solely responsible, at its expense for both of the following: (1) obtaining any necessary approvals from the PGAT in order to conduct the Tournament at the SilverRock Tournament Course; and (2) meeting all of the rules, regulations or requirements of the PGAT to conduct the Tournament at the SilverRock Tournament Course. This Section shall not supersede the obligations imposed upon the City in Section 8 of this Agreement. SECTION 18. Entire Atteement: Amendment. This Agreement and the terms herein stated shall constitute the entire Agreement between the Hope Classic and the City and supersedes all prior written and verbal agreements, representatives, promises or understandings between the Parties. However,. this Agreement shall not supercede the license agreement entered into between the Agency and the Hope Classic, for the 2004 Bob Hope Chrysler Classic. Any amendment to this Agreement, or its terms, must be made in writing and be executed by both Parties. SECTION 19. Assismtent and Sublease. This Agreement or any interest of either Party herein shall not at any time after the date hereof, without the prior written consent of the other Party, be assigned or transferred. SECTION 20.92erational Contacts. The Hope Classic and the City shall provide each other with the names and telephone numbers of personnel that are responsible for the day to day operations of programs and facilities including after-hours contacts in the event of emergency situations. Said list shall be updated as needed based on personnel changes. SECTION 21. Additional City Benefits. The Hope Classic shall provide to the City the following additional benefits. Section 21.1 Membership on Committee. The City, at its option, may have a representative on the Fund Distribution Committee (" Committee) during the Term of this Agreement. If the Committee is dissolved, the City will hold a seat on the replacement committee that determines the distribution of the charitable funds generated by the Hope Classic. The representative shall have the same voting rights and other privileges as all other members of the Committee. Section 21.2 Event Related Items. The City annually shall be provided, free of charge, with all of the following: (1) ten (10) seats (a table) at the Bob Hope Classic Ball; (2) ten (10) passes to the Bob Hope Club; (3) one thousand (1000) passes to the Tournament play at 348 119/0156104M -10- 449424.12 aW5/10104 SilverRock Tournament Course; and (4) the City will be recognized as an official sponsor of the Tournament. SECTION 22. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Party to the other shall be in writing and shall be sufficiently given and served upon the other Party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: City: City Manager City of La Quints 78-495 Calle Tampico La Quints, California 92253 Hope Classic: Bob Hope Chrysler Classic P.O. Box 865 Rancho Mirage, CA 92270 Attn: President Either Party may change its address by giving notice to the other Party in the manner provided for in this Section. SECTION 23. Non -Discrimination. Each of the Parties hereto covenants by and for itself, its administrators and assigns, and all persons claiming under or through it, that this Agreement is made subject to the condition 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 use, occupancy or enjoyment of the Property subject to this Agreement. SECTION 24. Waiver. The failure of either Party to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained. SECTION 25. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. SECTION 26. Attomevs Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action. SECTION 27. ARglicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. Any legal action or proceeding brought to enforce the terms and provisions of this Agreement shall be brought in the Superior Court of the State of California, Riverside County or in the United States District Court, Central District of California. vv 349 1191015610-0065 -11- 4494241.12 905/10/04 SECTION 28. Agency as Third park Beneficiary. With regard to the provisions in this Agreement which reference the Agency, the Agency shall be deemed to be a third party beneficiary of this Agreement. [Signature page follows] cj ., 350 119/015610-0065 -12- 44942t.12 205/10/04 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate originals as of the dates set forth below. DATED: ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM City Attorney, City of La Quinta APPROVED AS TO FORM Dave Erwin, Best, Best & Krieger, Counsel for Desert Classic Charities CITY OF LA QUINTA City Manger, City of La Quinta DESERT CLASSIC CHARITIES 119/013610fi65 -13- 449424.12 aO'M0104 Uo/Zo/U0 . LOi Au. ywav +.+ D � 6conernics Research Associates Memorandum Date: August 28, 2003 To: Mr. Mark Welss From: G. Krekorian Re: Hope Toumament— ERA No. 1072 ATTACHMENT 2 The following presents a preliminary estimate of the potential impact of designating the proposed La Quinta City comae the "Home Course" for the annual Hope PGA Tominament. As we understand, the Hope would continue to be played at several Coachella Valley venues, although the City's La Qumta course would serve as the home course, hosting the final round In addition to the direct financial benefits related to site fees and revenue sharing agreements, the City course would indirectly benefit from its association with the tournament and attendant prestige of hosting the event. This benefit would be captured primarily through higher greens fees and/or play levels than would be achieved if the tournament was not hosted, and with higher "soft goods" retail sales. in many instances, most of the value attributed to hosting a tournament is captured through associated real estate sales which benefit from an improved project image and related prestige of the event. In this case, there likely wound be some benefit accruing to the onsite hotels, which the City would capture through higher site sales and/or transient occupancy receipts. Over the years, we have attempted to oomputai the impact on greens fee revenues (greens fees and play levels) attributable to•hosting a PGA event by comparing a tournsment course's performance with that of similar courses not hosting a tournament. First, a distinction is required between the most 10990 Wilshire Ba UIelfard, SUlte 1500. Los Angelo, CA B0024 r' 910.477.95B9 FAX 1110.476.1950 www.acoaraF.Com BBA 11 affiliated with Drivers foall 3,52 Las AtigeWs Sao Francisco ; San Diego Chicago Washington DC London _ Val LVI"V Economics Research Associates Hope Tournament ERA No. 15172 Augnst 2g, 2003 Page 2 prestigious events (Majors, Ryder Cup) and regular PGA Tour or World Golf events. The benefits related to the most prestigious events are many times greater than standard events. With regard to standard events, our experience suggests that high -and resorddaily fee courses in strong golf markets are:capable of generating an additional $250,000 to $500,000 in annual greens fees revenue (an increase in the range of 10 percent), most of which drops ditecAy to the bottom line, than would be expected without the tournament. Capitalizing this annual net gain yields a ore -time value of $2.5 to $5.0 million. In addition, merchandise sales might korean 62 to $3 per round due to the prestige of hosting such a tournament. At a cost; of sales equal 50 percent related to soft "logo" goods, another $50,000 per year in net income would be The impact of the Tournament on hotel/residential site sales and/or transient occupancy tax has not been considered, and would be much more difficult to quantify. v� 353 Ira• 04 �o�ii �IN/ OF T1 COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Consideration of Name Change for the Palm Springs Desert Resorts Convention and Visitors Authority As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: [all]&i DQU NEOM 0 W11Z1:i STUDY SESSION: PUBLIC HEARING: Staff received correspondence from the Palm Springs Desert Resorts Convention and Visitors Authority (CVA) requesting City Council approval of a name change to the organization. The letter is dated December 27, 2006 (Attachment 1). At its December 15, 2006 meeting, the CVA's Joint Powers Authority Executive Committee, by unanimous vote, approved changing the CVA's name to: Palm Springs Desert Resort Communities Convention and Visitors Authority The Executive Committee approved incorporating the word "Communities" in an effort to acknowledge the various cities that make up the organization, and to market the Coachella Valley as a destination with diverse tourism opportunities. The name change G 37) requires subsequent ratification from two-thirds of the member City Councils, as stated in Article XVI of the Joint Powers Agreement (Attachment 2). Therefore, the CVA is requesting a vote of ratification from the La Quinta City Council. The CVA has indicated it will have a representative in attendance at this meeting to answer any questions Council may have. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a name change for the Palm Springs Desert Resorts Convention and Visitors Authority to the Palm Springs Desert Resort Communities Convention and Visitors Authority; or 2. Do not approve a name change for the Palm Springs Desert Resorts Convention and Visitors Authority; or 3. Provide staff with alternative direction. Respectfully submitted, 1; 4 � \ / � UY _'� � � Thomas P. Genovese, City Manager Attachments 1. Letter from the Palm Springs Desert Resorts Convention and Visitors Authority dated December 27, 2006 2. Article XVI of the CVA Joint Powers Agreement 0 , : 3'55 Attachment 1 R& 0P*g f)esot eesants CONVENTION AND VISITORS AUTHORITY December 27, 2006 Tom Genovese City Manager 78-495 Calle Tampico La Quinta, CA 92253 Dear Tom, I JAN 4 W CITY OF LA OGINTA 'IN WIAOER'S DEPT The PSDRCVA Joint Powers Authority Executive Committee at its December 15, 2006 meeting directed me to send this notification to you. By a unanimous vote, the JPA approved changing the Authority's name to the following: Palm Springs Desert Resort Communities Convention and Visitors Authority This name change requires approval from two-thirds of the City Councils. Please agendize this matter for your next available Council meeting; announce the JPA unanimous support, and then ask for a vote of ratification from your City Council. Thank you for your continued support of the CVA. We look forward to a prosperous New Year. Sincerely, n reff Beckelman President/CEO JB:bc Serving the Desert Resort Communities of Riverside County Cathedral City • Desert Rot Springs • Indian Wens • Indio • La Ouints • Palm Desert • Palm Springs • Rancho Mirage .- Q 70-I00 Highway III • Rancho Mirage. CA 92270 • T. 760.770.9000 • TF 800.967-3767 • F. 760-770-9001 • palmsprin95uss tom Washington, CC Sales Office • 515 King Street. Suite 315 • AleaandNe, VA 22314 T: 703.549.8026 • F: 703-519.7579 Attachment 2 2 3 4 5. 6 7 8 ARTICLE XV s CONTRACT SERVICES . io Nothing in this Agreement shall be deemed to prohibit a member organization from expending , i additional efforts and resources or contracting with the Bureau or other entities for additional 12 services and benefits similar to those realized from participation in this Agreement 13 I. 114 ARTICLE XVI 6 AMENDMENTS TO JOINT POWERS AGREEMENT 16 This Joint Powers Agreement may, not be amended except by a vote of two-thirds of the entire 17 membership of the Executive Committee AND subsequent ratification by the governing bodies is of two-thirds of the member organizations, provided further that any amendment of the amount 19 of member.contributions, as stated in Article XI, shall require the unanimous vote of the entire . 20 active membership of the Executive Committee and subsequent ratification by the governing 21 1 bodies of all active member organizations: 22 23 ARTICLE XVII 24 TERMINATION AND DISTRIBUTION OF ASSETS, 25 This Agreement maybe.temunated at any time upon election to terminate by the governing 26 0C 3,7 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 16, 2007 BUSINESS SESSION: _ ITEM TITLE: Consideration Of City Council Review of Options for Developing a New Collection, CONSENT CALENDAR: Transportation, Recycling, and Disposal Agreement STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Review and provide direction regarding the options for entering into a new Agreement for Collection, Transportation, and Disposal of Municipal Solid Waste and the Collection and Recycling of Recyclable Materials. FISCAL IMPLICATIONS: The options listed below range in cost from $85,000 to $245,000, but all costs would be reimbursed to the City by the successful firm. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City entered into an "Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste" and "Amended and Restated Agreement for the Collection and Recycling of Recyclable Materials" (Agreement) with Waste Management of the Desert, in 2000. The term of the Agreement was eight years, from June 30, 2000 through July 30, 2008. The Agreement covers solid waste collection, disposal and recycling services for residential, commercial, and industrial customers. In May 2006 the City approved the assignment of the Agreement to Burrtec Waste and Recycling Services, LLC, with minor amendments. With the contract expiration date now 18 months away, staff is requesting direction from Council on the process to be used to enter into a new Agreement. G 358 The City has entered into an Agreement for Contract Services with Hilton Farnkopf and Hobson ("Consultant") for the purposes of monitoring the Agreement and assisting with waste disposal and recycling programs. An amendment to the contract will be negotiated to pay for the Consultant's time to assist with the waste negotiations. This amendment will be brought back for Council approval. Options Available for a New Agreement: 1 . Renegotiation of Agreement with Existing Hauler. The advantages of renegotiation include: (a) Ensures continued service from a "known entity," (b) Avoids transition issues associated with a change of service providers, such as initiating new billing systems and exchanging bins and containers throughout the City, and, (c) Fewer adjustments for customers, such as changes to day of week of service. 2. Competitive Bids or Proposals (Request for Bid "RFB" or Request for Proposals "RFP") The advantages of competitive processes include: (a) Ensures that services are competitively priced, (b) Maximizes the likelihood of obtaining a comprehensive contract with favorable terms that protects the City's interests, and, (c) Potentially enhances public perception of fairness in awarding large contracts. City staff has initiated discussions with the City Consultant and the City Attorney's office regarding options to enter into a new agreement. As noted above, two options are available. Analysis: The City's consultant has advised staff that there have been a number of competitively bid solid waste franchise agreements in the Southern California areas in the last few years for services similar to those which are likely to be included in a new franchise agreement for the City. Moreover, the information about prices and services available from these bidding situations enables the City to have a good picture of where prices would come in if it were to competitively bid its franchise agreement. With this knowledge, staff believes an opportunity exists to obtain the benefits of both a competitive process (i.e., maximization of competitive prices and terms favorable to the City) and renegotiation (i.e., keeping a "known entity" that the City is happy with and avoiding transition issues.) Accordingly, staff recommends Council consider renegotiating an agreement with Burrtec, with the proviso that a competitive process commence if negotiations are not successfully completed within six months. CC 359 Processes, Time Frames and Costs 1. Renegotiation of Agreement The process of renegotiation would begin with the City defining its needs and preparing a draft agreement that meets those needs. The contractor would subsequently have the opportunity to review the draft agreement, suggest modifications, and propose pricing for items in the draft agreement. The City's Consultant and the City Attorney's office would be involved in preparing the agreement and negotiating terms with the contractor. The Consultant would also help to evaluate the cost-effectiveness of the proposed rates. The following is a proposed re -negotiation schedule that the Consultant and City Attorney believe to be reasonable. Activity Time Frame 1. Amend Consultant's Contract Month 1 2. Define Desired Services/Prepare Draft Agreement Months 1 and 2 3. Contractor Reviews Agreement and Proposes Rates Month 3 4. Negotiate Rates and Terms Month 4 5. Finalize Agreement Month 5 6. Council Action Month 6 The costs of renegotiating are approximately $70,000 to $85,000. Depending upon the complexity of the negotiations, the costs could be higher. These costs include the work of the Consultant to review existing services, and make financial calculations. It also includes the work of both the Consultant and the City Attorney's office in preparing and negotiating a new franchise agreement. 2. Competitive Bids or Proposals (RFB or RFP) If the Council chooses to use a competitive process, or if it becomes necessary due to an inability to successfully renegotiate with Burrtec, it would include the following steps: the Consultant would define the services to be provided; gather the operating data for the RFP; prepare the RFP; identify potential proposers and solicit interest in the City's RFP; conduct a pre -proposal conference; evaluate the proposals; obtain written clarification of unclear proposal terms; interview finalists; and conduct reference checks. The Consultant and the City Attorney's office would be involved in preparing an agreement that would be included with the RFP and assist staff with negotiating the final contract terms. The City Attorney's office would also be involved in the review and preparation of RFP related documents. The costs for an RFB or RFP process would be approximately $150,000 to $185,000. The following is a proposed RFP schedule that the Consultant and the City Attorney's office believe to be reasonable: 360 Activity Time Frame 1. Amend Consultant's Contract Month 1 2. Prepare RFP and Draft Agreement 3 Months 3. Solicit Proposals Months 4-5 4. Evaluate Proposals Month 6 5. Clarify Proposals/Interview Contractors Month 7 6. Finalize Evaluation/Select Contractor(s) Month 8 7. Negotiate Final Agreement Month 9 8. Council Action Month 10 3. RFB or RFP Process if Negotiations with Contractor are Unsuccessful If the negotiations with the City existing contractor are unsuccessful, and an RFB or RFP process is subsequently performed, then the total cost would be $200,000 to $245,000 for the services of the Consultant and City Attorney's office. In either case, the City's costs for the process will be reimbursed by the successful proposer. The City's costs for preparing and entering into an agreement are typically less than half of one percent of the total contract value over the full term of the agreement. The current value of the Agreement is approximately $4,300,000 per year, or $34,400,000 over an eight -year term. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to begin the process of negotiation with the existing Contractor; prepare contracts for the Consultant to assist with the negotiation for Council approval. If the negotiation process is unsuccessful after six months, direct staff to move forward with a competitive bid process; 2. Direct staff to begin the RFB or RFP process, and prepare either a RFB or RFP for Council approval; or 3. Provide staff with alternative direction as it deems appropriate. Respe fully submUted, Douglas . Evans Community Development Director // ov d for submis�ign Thomas P. Genovese, City Manager 361 F OF`y OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 16, 2007 BUSINESS SESSION: 4- ITEM TITLE: Consideration of Recipient for the Senior CONSENT CALENDAR: Inspiration Award Program STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Select the City of La Quinta recipient for the Senior Inspiration Award. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Senior Inspiration Award provides an opportunity to recognize and honor outstanding seniors throughout the Coachella Valley. The City Council is being asked to select one outstanding senior recipient who meets the following criteria: the honoree should be at least 70 years old; reside in the City of La Quinta; demonstrate involvement in community affairs for a lengthy period of time; and personify a healthy and active attitude and lifestyle. Staff sent out a letter (Attachment 1) to the following organizations: La Quinta Chamber of Commerce, La Quinta Historical Society, La Quinta Rotary Club, Friends of the La Quinta Library, La Quinta Arts Foundation; Friends of the La Quinta Senior Center; Soroptimist International of La Quinta and the La Quinta VFW requesting nominees for the 2007 Senior Inspiration Award. Two nominations were received, one for Elaine Reynolds from Soroptimist International of La Quinta, and one for Jane Sandstoe from the Friends of the La Quinta Senior Center. Both nominees met the criteria for the award; brief synopses are provided as Attachments 2 and 3. The Senior Inspiration Awards Luncheon will be held on Friday, April 13, 2007 at the Renaissance Esmeralda Resort in Indian Wells. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Select the City of La Quinta recipient for the Senior Inspiration Award; or 2. Provide staff with alternative direction. Respectfully submitted, Edie Hy ton, C96manity Services Director Approved for submission b G Thomas P. Genovese, City Manager Attachments: 1 . Letter requesting nominations from the 7 organizations. 2. Bio information for Elaine Reynolds. 3. Bio information for Jane Sandstoe. 2 OFFICE OF THE MAYOR IAA / ATTACHMENT P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 December 4, 2006 Ruth Finholt, Executive Director La Quinta Chamber of Commerce 78-275 Calle Tampico, #B La Quinta, CA 92253 Dear Mrs. Finholt: Since 1992, the County of Riverside and the nine incorporated cities of the Coachella Valley have sponsored the annual Senior Inspiration Awards. Each city selects one recipient (a single man or woman) as their outstanding senior recipient for this event. This year the event will be held Friday, April 13, 2007 at the Renaissance Esmeralda Resort in Indian Wells. Last year, several organizations were kind enough to submit to the city for consideration names of individuals who they felt would be deserving of this recognition. Your organization was kind enough to participate. We would like to ask for your assistance once again. Please submit one or more names, along with a brief summary (maximum 150 words) on why you chose that person. The following is the criteria: • The honoree should be at least 70 years old; • Reside in La Quinta; • Be actively involved in community affairs for a lengthy period of time; • Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; and • Personify a healthy, active and contributing attitude and lifestyle. Nomination forms are enclosed for your selections. Please complete one or more and return to Christina Calderon at the La Quinta Senior Center, P.O. Box 1504, La Quinta, CA 92247 no later than December 22, 2006. Thank you for your assistance. Sincerely, nw 4 Z DON ADOLP , Mayor City of La Quinta 364 Enclosures cc: City Council Edie Hylton, Community Services Director Christina Calderon, Recreation Supervisor ATTACHMENT 2 2007 SENIOR INSPIRATION AWARD SUGGESTED RECIPIENTS Elaine Reynolds 49-294 Avenida Vista Bonita La Quinta, CA 92253 Telephone: 564-1880 Email: jperlow53@dc.rr.com DOB:11/12/1927 Age:79 Elaine Reynolds is a long-time resident and volunteer in the City of La Quinta. She runs her own home based business (Gems by Elaine) and volunteers at the Boys & Girls Club of La Quinta. She has served as a Cultural Arts Commissioner for the City of La Quinta and was a co-founder of the La Quinta Arts Association. The following is a list of the many activities she has been involved with over the years: • Involved with Soroptimist International of La Quinta for 19 years where she also served as a chair person for the Soroptimist Environment Committee. • Served as a Cultural Arts Commissioner for the City of La Quinta/Art in Public Places. • Co -Founder and served as President for 3 years for the La Quinta Arts Association. • Served as a docent for the La Quinta Arts Foundation for 8 years to 4th and 5th graders in the Desert Sands Unified School District. • Participated as a artist in Art Under the Umbrellas in La Quinta. • Mentors girls once a month at the La Quinta Boys & Girls Club about art design. • Volunteer for the La Quinta Playhouse. r 365 ATTACHMENT 3 Jane Sandstoe 78-275 Blue Sky Way Apt. E La Quinta, CA 92253 Telephone: 771-4174 DOB:04/19/1921 Age:85 Jane Sandstoe born April 19, grandchildren. She has lived Palm Springs High School bu 1921 has 2 children and many great and great -great in the Desert Area for many years and her children graduated from t have lived in several areas of California and Kansas. She has served in the Navy during World War II, discharged in 1945. Jane served as a Social Bridge Coordinator at the La Quinta Senior Center for 6 years. She worked on the luncheons when first started coming to the La Quinta Senior Center but she also volunteered for other projects around the senior center. Her biggest contribution is at Seasons Senior Retirement Living where she currently resides. She has served on the board at Seasons since 1997. Since her arrival at Seasons she has been the person to organize all sorts of activities. She has put together games and social parties almost everyday or evening during the week. She is also involved in helping with the monthly birthday parties, Saturday morninlq coffee and donuts, special parties for Thanksgiving, Christmas, Halloween, St. Patrick's Day, 4" of July, etc. She is a true inspiration to all who know her. Jane never says no when helping out a neighbor or friend. She keeps the seniors at Seasons entertained and tries to encourage everyone to participate. O4 •�O �cF`N OF 11LE�4`9 ceitiq�, 4 64zo Q'1&r6j COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Consideration of Sports Figure Acknowledgements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the addition of Mr. Rego Nieto, Jr. and Mr. Ed Middleton's names to the Sports Acknowledgment Area and Ceremony. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 1, 2006, the City Council approved the names of six individuals to be acknowledged at the Sports Acknowledgment Ceremony taking place on March 2, 2007. These individuals are: Bob Winkles, Jessica Hartung, Johnny Pott, Ernie Vossler, Marlene Hagee Vossler, and Joe Walser, Jr. The applications for Mr. Winkles and Miss Hartung were received before the deadline and were submitted along with the original staff report. City Council recommended adding the names of Johnny Pott, Ernie Vossler, Marlene Hagee Vossler, and Joe Walser, Jr. for acknowledgement. Shortly after the close of the deadline, staff received two additional applications for acknowledgment. The first was for Mr. Rego Nieto, Jr. and the second was for Mr. Ed Middleton. 36", 1 Mr. Rego Nieto, Jr. was awarded the Male Athlete of the Year by the California State University of San Bernardino in 2006. Mr. Nieto was also recognized as a member of the "First Team" by the California Collegiate Athletic Association in 2006. Mr. Nieto is a graduate of La Quinta High School and a recent graduate of California State University, San Bernardino with a Bachelor of Science Degree in Kinesiology. Before retiring to La Quinta in 1999, Mr. Ed Middleton was a Professional Referee for the National Basketball Association for 30 years and was involved in the NBA All Star Games and other major Professional Basketball tournaments. He continued as a volunteer coach and referee for Little League and Middle School basketball until his death in November of last year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the addition of Mr. Rego Nieto, Jr. and Mr. Ed Middleton's names to the Sports Acknowledgment Area and Ceremony; or 2. Do not approve the addition of Mr. Rego Nieto, Jr. and Mr. Ed Middleton's name to the Sports Acknowledgment Area and Ceremony; or 3. Provide staff with alternative direction. submitted, Edie►HyltoryCommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager 2 Tity� 4 4 a" COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Consideration and Authorization to Send Out a Request for Proposals (RFP) for Auditing Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Provide staff with direction on proceeding with the selection process. FISCAL IMPLICATIONS: The Fiscal Year 2006/2007 budget contains $42,555 for the annual audit. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Mayer Hoffman McCann P.C. (formerly Conrad and Associates) has been providing audit services to the City since Fiscal Year 1991 /1992. During their tenure, the City has annually received financial awards from the California Society of Municipal Accounting Officers and the Government Financial Officers Association. Their five- year contract with the City expired with the completion of the Fiscal Year 2005/2006 audit. Attachment 1 consists of a Request for Proposal which would be released to CPA firms. Staff anticipates sending the RFP's to known local firms that conduct municipal audits, CPA firms that are listed in the California Society of Municipal Finance Officers (CSMFO) vendor yellow pages under the audits category, and the City of La Quinta Vendor Registry. The contract (Attachment 2) would include professional auditing services and preparation of the financial statements for the City and Redevelopment Agency. It would also include a compliance audit of the Redevelopment Agency in accordance with guidelines issued by the State Controller's Office, a single audit on federal financial assistance, if necessary, a Gann Limit Appropriation limit letter, and a review on the internal controls of the City. In addition, the contract would include up to 40 hours for meetings with the City Council, Investment Advisory Board, and the City Manager as well as to answer technical questions that may arise during the course of the year. Staff is proposing setting up a Selection Committee to review the responses to the RFP which would consist of two (2) Investment Advisory Board Members, a Finance Director from another Coachella Valley City, the City Manager and the Finance Director. The Selection Committee would review the proposals and come up with a short list of firms to interview at City Hall. The Selection Committee would then recommend a firm to the City Council for consideration which is anticipated to be at the April 4, 2007 City Council meeting. As an alternative, the City Council Members may wish to appoint one or more City Council Members to serve on the selection Committee or alternative direction as deemed appropriate. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve distribution of the Request For Proposal for auditing services for the next five fiscal years, beginning July 1, 2006 and ending June 30, 2011. Authorize staff to initiate the selection process to contract for professional services, and appoint two (2) Investment Advisory Board Members, a Finance Director from another Coachella Valley City, the City Manager and the Finance Director to participate in the selection process; or 2. Approve distribution of the Request For Proposal for auditing services for the next five fiscal years, beginning July 1, 2006 and ending June 30, 2011. Authorize staff to initiate the selection process to contract for professional services, and appoint City Council Member(s), two (2) Investment Advisory Board Members, a Finance Director from another Coachella Valley City, the City . Manager and the Finance Director to participate in the selection process; or. 3. Direct staff to renegotiate with the current provider, Mayer Hoffman McCann P.C.; or u `.370 4. Provide staff with alternative direction. Respectfully submitted, a'AA ' l John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Request for Proposals for Auditing Services 2. Contract Services Agreement J 3 M 1 1 M%,"IvlLn I I REQUEST FOR PROPOSAL OF AUDITING SERVICES The City of La Quinta is soliciting proposals for auditing services for the next five fiscal years, which begins July 1, 2006 and ends June 30, 2011. The enclosed "Request for Proposal' outlines the scope of the engagement, information required, evaluation criteria, and other relevant information. If your firm would like to consider this engagement, we invite your response due no later than 5 p.m. on March 5, 2007. A selection committee of five members consisting of: two (2) Investment Advisory Board Members, the City Manager, the City Finance Director and another local City Finance Director will evaluate, select and recommend proposals to the City Council. The City Council will make the final decision on award of the Contract. Additional information may be obtained by contacting: John M. Falconer Finance Director City of La Quinta (760)777-7150 (760)777-7105 Fax Proposers must submit five (5) copies of their proposals in two sealed envelopes, with one envelope containing proposed costs of audit services and the other technical data, by no later than 5:00 p.m. March 5, 2007 to the following address: City of La Quinta Finance Department — Audit Proposal P.O. Box 1504 La Quinta, CA 92247 Date of issuance: January 19, 2007 Proposal Deadline: March 5, 2007 Sincerely, John M. Falconer Finance Director 372 4 AUDIT EXPECTATIONS The City of La Quinta (City) annually issues a Comprehensive Annual Financial Report (CAFR). The La Quinta Redevelopment Agency (Agency) issues annually a Component Unit Financial Report (CUFR). The City may receive Community Development Block Grant money and/or other financial assistance from the federal government and as such may issue a Single Audit Report. In addition, the activities of the La Quinta Financing Authority are included in the CAFR, but no CUFR is issued. The City and Agency expect an audit opinion for each of their financial reports to fairly represent their financial position and conform with generally accepted accounting principles. The City and Agency expect the audit of each of their financial reports to be conducted in accordance with generally accepted auditing standards. Further, the Agency expects its CUFR to comply with all laws and regulations pertaining to redevelopment agencies. The City expects the Single Audit, if required, to be conducted in accordance with O.M.B. Circular 133 and related correspondence. The City of La Quinta requests a full scope audit of all fund types and account groups in accordance with generally accepted auditing standards. Audit services are desired for the City, Agency and Financing Authority on an annual basis as set forth above. Proposals include separate quotes for the City and its component units. The City's accounting personnel will provide assistance to the audit form during the course of the audit. Cooperation may be expected in answering questions, preparing schedules for working papers, and preparing confirmations. The City would expect only reasonable requests of assistance from the auditing firm. DESCRIPTION OF FUNDS The City of La Quinta uses the following fund types and account groups in its financial structure: Fund Type/Account Group General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Internal Service Funds Agency Funds Enterprise Fund Number of Individual Funds 14 3 16 3 7 373 PJ REPORTS AND CONSIDERATIONS - The independent audit firm shall produce the following financial reports by no later than November 2& of each year: City CAFR — 50 copies Agency CUFR — 50 copies Single Act Audit — 3 copies Management Letter —15 copies Gann Limit Letter —15 copies - A management letter shall be prepared as part of the audit that includes disclosures of material and non -material weaknesses in internal control, disclosures of violations of finance related legal and contracted provisions, and auditor recommendations for financial and program management improvements. - Working papers shall be retained by the contractor for a minimum of three years after the conclusion of the engagement unless notified otherwise in writing by the Finance Director. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. - The independent audit firm is expected to meet at least once each year with City Council to discuss the financial statements, management letter and other relevant subjects. - The independent audit firm is expected to meet at least once each year with the Investment Advisory Board to discuss the City financial statements as they relate to cash and investments and discuss any internal control weaknesses with the Board. - The independent audit firm is expected to keep the City and Agency staff abreast of new developments affecting municipal finance and reporting, impact on accounting and reporting should the State of California impose state -mandated procedures, impacts of Government Accounting Standards Board disclosure requirements, required changes in grant procedures and the like. - The City expects that the professional staff provided by the independent audit firm will be fully qualified with the appropriate experience, and that answers and guidance given will be provided by partner/manager (supervisor and above) not seniors and juniors. - Included in the fee proposal shall be an additional 20 hours of partner/manager time budgeted for meetings with City Council, the Investment Advisory Board and the City Manager to discuss the results of the audit. Additional time may be requested to assist the City and Agency staff concerning accounting and other technical matters each year. It must be understood that these hours are above and beyond the professional times associated with the audit. 374 C EVALUATION AND SELECTION PROCESS Prior to submission deadline questions may be directed to: John M. Falconer Finance Director City of La Quinta P.O. Box 1504 La Quinta, CA 92247 (760)777-7150 Proposer must submit five copies of the audit proposal to the City of La Quinta Finance Department in two sealed envelopes, with one envelope containing costs of the proposed audit services and the other technical data. Deadline for submission is 5:00 p.m. March 5, 2007. The evaluation process consists of the following steps: 1. The proposals will be evaluated and rated by a selection committee consisting of two Investment Advisory Board Members, the City Manager, the Finance Director and another local Finance Director. This evaluation will be scored based on the technical qualifications of the firm, staff qualifications, and audit approach. 2. The finalists will be required to make an oral presentation to the Audit Review Committee at City Hall with the proposed staff including the In -charge auditor. The interviews will be one hour in length 3. After this ranking, the price envelope will be opened to determine if the audit firm is within the budgeted amount. If the price is not within the budgeted amount and the amount cannot be negotiated to within the budget, the next qualified firm will be contacted and a similar process will be completed. Selection of the successful proposal will be at the sole discretion of the City Council and Agency Board. It is expected the City Council and Agency will conduct its review and make a selection on or before April 3, 2007. THE CITY COUNCIL REQUESTS THAT ONCE PROPOSALS HAVE BEEN SUBMITTED, NO UNSOLICITED CONTACT OR DISCUSSIONS CONCERNING THESE PROPOSALS BE MADE PRIOR TO THE EVALUATION OF ALL PROPOSALS. u 375 QUALIFICATIONS AND APPROACH As stated in the evaluation process, the proposal will first be examined relative to their technical qualifications and approach to the audit. Each organization's proposal should include at a minimum, the following information as is deemed necessary: (please number each item as listed below) 1) Names and qualifications of the specific individuals who would be assigned to this audit engagement. Please outline their relevant education and government auditing experience. 2) Description of any specialized skills, training, or background in public finance that members of the engagement team possess. 3) Description of experience of assigned individuals in auditing relevant agencies such as Redevelopment Agencies. 4) Description of engagement team's experience in auditing and reviewing financial statements receiving GFOA and CSMFO awards. 5) List of all current and former municipal audit clients, within 5 years, including Redevelopment Agencies in the Southern California area indicating reference, type(s) of services performed, dates and length of service for each. Please include any engagements which were a joint venture with another firm. 6) Description of local office's workplan and deliverable report. The proposal should include types of audit programs, use of statistical and additional components of the audit report. 7) The City has a number of P.C. based file servers which operate on a Windows platform. In addition, the City financial system uses H.T.E. software, which runs on an IBM e-server. Describe your firm's data processing experience and capabilities. 8) Description of engagement team's experience and capabilities to assist in governmental bond reporting. 9) Sample of type of management letter usually issued. 10) Description of any regulatory action taken against your organization or local office. 11) Indicate the location of the office in which the audit team will be based. The municipal audit experience referenced in item 5 must come from the office. 12) A list of clients which have complied with Government Accounting Standards Board 44. u 376 0 13) Any other pertaint information that the firm believes will assist the evaluations team decision FEES It is the City's and Agency's normal policy to solicit bids for audit services no less that once every five years, subject to annual review. Accordingly, your proposal should encompass the five-year time span. The City and Agency request a statement of maximum cost be made for the annual audit as set forth in AUDIT EXPECTATIONS and REPORTS and CONSIDERATIONS to include, in addition to "normal audit requirements," up to 40 hours each year of partner/manager time answering accounting questions raised by the City and Agency. All other expenses including typing, clerical, printing services, travel mileage and miscellaneous expenses should be included in the total audit fee. The City requests that the proposal also include a schedule of rates by professional staff classifications. The schedule should reflect rates for audit services and for consulting services. It should also reflect the anticipated distribution of hours per staff classification. Please itemize fees for the City, Agency, Financing Authority, and partner/manager hours. The maximum annual fee will remain fixed for the five years covered by the audit engagement agreement. Below is listed the FY 06/07 budgeted audit: 2006-07 Audit of all funds and account groups of the City, including preparation and word processing of City financial statements, single audit, and Issuance of management letter. $19,850 Financial and compliance audit of the Redevelopment Agency. $20,080 Audit work associated with the Financing Authority. $2,625 Total Fee $42,555 INSURANCE Before signing a contract or commencing work on this project, the contractor shall provide that the following insurance requirements are in place. Please indicate if your firm would be able to provide proof of the following City insurance requirement. a. Worker's Compensation as required by law. b. Professional Liability in the amount of $1,000,000. `77 D] Each policy of insurance required by this section shall provide for no less than 30 days advance notice to the City prior to cancellation. Each policy shall be endorsed to waive all right of subrogation against the City of La Quinta by reason of any payment made for claims under the above coverage. OTHER INFORMATION Please list any other pertinent information you would like the City/Agency to consider in making our selection. We encourage you, if interested, to contact Ms. Louise West, Accounting Manager, to obtain additional data which would enable you to evaluate the scope of your operations so that you may formulate a proposal. Any financial information you may need to review is available in the Finance Department. CITY OF LA OUINTA The City of La Quinta encompasses approximately 36 square miles, has a residential population of slightly more than 40,000 and is located in the Coachella Valley approximately 25 miles east of Palm Springs, CA. Incorporated in 1982, governed by a Charter, the City is operated under a City Council/City Manager form of government. Four City Council members are elected at large to serve four-year terms. The Mayor is elected, serving a two-year term to be the City Council administrative head. The Mayor/City Council also serve as Agency members. The City and Agency have automated much of the finance and budget activities and have been in place in several years. This department currently consists of: Finance Director Accounting Manager Financial Services Asst. Account Technician Account Technician Senior Account Clerk Senior Account Clerk Secretary Info Services Analyst John Falconer Louise West Diane Martin Mary Crayton Patsy Parker Missy Mendoza Krystena Blondell Vianka Orrantia Mason Lord The City contracts for some services to its residents and businesses including police, fire, refuse disposal, and water and sewer. As of June 30, 2006, City employment totaled 94 authorized positions. Copies of the City's and Agency's audited financial statements for the 2005-06 fiscal year are available on the City website in the Finance department Section at www.la- quinta.org. In addition, the financial statements and the City 2006-2007 budget ark on 3,78 our website which is www.la-quinta.org. 'i " 10 A l l AU NIVItN I L 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 ("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 , Project No. , 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, Consultant 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). 379 11 1.5 Care of Work and Standard of Work. a. 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. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the U 'J 12 Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force 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. 391 13 3.4 Term. The term of this agreement shall commence on 200 and terminate on _ 200_(initial term). This agreement may be extended for additional year(s) upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. 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 or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or 392 14 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. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $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. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such uG 383 15 person. 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 with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. 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. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, v 3194 whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of ,J 385 17 competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. c. Terminate this Agreement. - ,3g6 J 18 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. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 19 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 388 20 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is. acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. ',J v 339 21 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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 22 subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 391 23 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds GC! 392 24 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. CC( 393 25 To City: To Consultant: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calls Tampico P.O. Box 1504 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date 6p(394- 26 ATTEST: Veronica J. Montecino, CIVIC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name: Title: Date: 27 Exhibit A Scope of Services 28 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ($ ) except as specified in Section 1.6 - Additional Services of the Agreement. G 3( 29 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Gr,-393 30 Exhibit D Special Requirements 31 REPORT/INFORMATIONAL ITEM: oZ� INVESTMENT ADVISORY BOARD Meeting November 8, 2006 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairperson Deniel, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Daniel, Olander, Rassi and Egbert ABSENT: None OTHERS PRESENT: John Falconer, Finance Director, and Vianka Orrantia, Secretary 11 PUBLIC COMMENTS — None III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) Chairperson Daniel requested the letter she sent to Council be added to Board Members items for discussion. Board Member Rassi requested to comment on the joint meeting with City Council under Board Member Items. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on October 11, 2006 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Rassi to approve the minutes of October 11, 2006. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for September 2006 Mr. Falconer presented the Staff report and stated that the portfolio performed similar to the performance in the month of August, with one basis point behind placing the portfolio at 4.99%. He also said that the report reflects a decrease in the portfolio balance due to the bond service payment made the first of September. 400 Investment Advisory Board Minutes November 8, 2006 In response to Board Member Moulin, Mr. Falconer advised that Staff switched to a money market sweep account due to the rise in interest rates; this was based upon an analysis of hard dollar costs. The City is now paying hard dollar costs for all services provided; these costs are offset by the interest earned on the sweep checking account. Mr. Falconer also advised that this account has been averaging $2,000 to $3,000 every month, which equals approximately $25,000 a year. This account has been very successful. In response to Board Member Moulin, Mr. Falconer advised that LAIF does not have to adhere to dollar in dollar out requirements of the SEC; therefore they are able to invest longer than 90 days. General discussion ensued among the Board regarding LAIF's investment process. MOTION - It was moved by Board Members Olander/Moulin to approve, receive and file the Treasury Report for September 2006. Motion carried unanimously. B. Continued Consideration of the Fiscal Year 2006/07 Work Plan — Review of Investment Policy Chairperson Daniel reviewed the work plan items that have been discussed and agreed upon by the Board; she also referenced the continuing items to be further discussed and voted upon by the Board. Board Member Daniel asked the Board Members, that attended the joint meeting with City Council, if they had any comments in reference to the meeting. Board Member Rassi stated that he felt the City Council was divided regarding the use of a money manager and he was concerned that the Council was given some incorrect information by Chairperson Deniel, and that the buy/hold policy was waived for an outside money manager. Board Member Rassi also shared his reservations on the hiring of an outside money manager. Chairperson Daniel clarified that Council approved an Appendix for 2005/06 Investment Policy. This appendix allows an outside money manager, if hired, to do certain things that are not permitted to the Investment Advisory Board Minutes November 8, 2006 Treasurer. This sets forth a framework if and when a money manager is hired. LAW is an example of the use of an outside money manager and the different restrictions used by LAIF vs. the ones used by the Treasurer. Mr. Falconer advised of the current steps taken towards the purchase of an investment. General discussion ensued among the Board in regards to the hiring of a money manager, their fees, the possible yield earned, the amount of risk the Board will allow the money manager to take, and the guidelines they follow when investing public money. Chairman Daniel referenced the letter she wrote to City Council to clarify her statement made at the joint meeting. She wanted to clarify that the Treasurer is very capable of investing the City's money but does not have the appropriate infrastructure that a money manager has. Chairperson Daniel stated that in her opinion, there are two Council members that are in favor of hiring a money manager and two that are currently against, and there was no opinion from the Mayor for or against the hiring of a money manager. In response to Board Member Moulin, Mr. Falconer advised that he is currently not in favor of changing the buy/hold policy. Along with the City Council, he would like the Board to consider the purchase of Callable GSE's. Staff is in support of increasing the maximum amount of commercial paper and corporate notes from $3 million to $5 million. Mr. Falconer also advised that he would like to see the Board discuss either increasing the dollar limit or percentage on GSE's. Chairman Daniel clarified that the total limit for an instrument is different than a total limit for an issuer. She advised that she would be in favor of a higher dollar limit for GSE's, but not all invested in the same issuer. General discussion ensued among the Board in regards to the investing of GSE's and whether the Board should specify specific paper purchased and dollar limits per issuer. Chairperson Daniel suggested that Mr. Falconer devise a table of what investments he might like to see, (i.e. limits up to three years, commercial paper with dollar amounts per issuer, no individual issue) and report back at the next scheduled meeting. v' 402 Investment Advisory Board Minutes November 8, 2006 Mr. Falconer requested that a poll be taken from the Board regarding GSE's so their feedback could be considered when he prepared the requested table for the next meeting. Board Member Moulin stated that he would not place an investment in Fannie Mae at this time, but would not reflect this in the policy. Board Member Moulin also stated that he would like to see each issuer with a maximum amount, 10% of surplus funds per issuer, 30% of surplus portfolio, with a limit of $10 million per purchase. In response to Board Member Moulin, Mr. Falconer advised that Federal Home Loan, Fannie Mae, and Freddie Mac are more or less equal in quality and Farm Credit is a bit higher. Mr. Falconer asked the Board if a cap was going to be set per trade. Board Member Moulin suggested a $10 million cap on GSE's. Board Member Egbert stated that he would like to see 5% per issuer with a 25% maximum. Board Member Rassi advised the Board that he is satisfied with the current policy. Board Member Olander stated he would like to see 10% per issuer. In response to Chairperson Daniel, Mr. Falconer advised that most investment policies allow up to 100% on GSE's; this is what the State Code allows. The State Code does not have dollar limitations or percentage limitations like the City's current policy. Mr. Falconer also advised that he would be in favor of increasing the percentage and would be in favor of what was proposed by Board Member Moulin. Chairman Daniel concurred. Mr. Falconer advised Board Members Rassi and Egbert that if Board Members are not in agreement with the investment policy, they have the opportunity to submit a minority report to be included with the proposed investment policy to Council. General discussion ensued among the Board regarding Commercial Paper and Corporate Notes. It was agreed upon by the Board to increase Commercial Paper and Corporate Notes from $3 million to $5 million with 20% in Commercial Paper and 10% in Corporate Notes. Ui 4 403 Investment Advisory Board Minutes November 8, 2006 In response to Chairman Deniel, Mr. Falconer clarified that he would invest per instrument, (i.e. GE Credit Capital, GE Corp.). MOTION - It was moved by Board Members Moulin/Olander to continue the discussion of the 2006/07 Investment Policy to the December meeting. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - October 2006 Noted and Filed B . Pooled Money Investment Board Reports - August 2006 Noted and Filed B. Assembly Bill 2011 - Certificate of Deposit Account Registry Service (CDARS) Mr. Falconer advised that Assembly Bill 2011 is a new investment product which will go into effect on January 1, 2007. The bill will allow cities or private individuals to investment in amounts over $100,000 and will have FDIC coverage. This will be discussed at the City's November CSMFO luncheon and Mr. Falconer would like to extend an invitation to the Board for additional information regarding this bill. Mr. Falconer also advised that this currently is not included in the City's investment policy and this is something for the Board's consideration. In response to Chairperson Deniel, Mr. Falconer advised that the policy is due by June. Council may want to review the suggested changes and/or additions mid term. VII BOARD MEMBER ITEMS - None 5 404 Investment Advisory Board November 8, 2006 Minutes Vill Adjournment MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 7:00 p.m. Motion carried unanimously. Subm' Vianka Orrantia, Secretary 6405 REPORT/INFORMATIONAL ITEM: CA COMMUNITY SERVICES COMMISSION MINUTES December 9, 2006 CALL TO ORDER A special meeting of the Community Services commission was called to order at 9:12 a.m. in the La Quinta City Hall Lobby. Chairperson Weber presided over the meeting. MEMBERS PRESENT: Chairperson Mark Weber Vice -Chairperson Robert F. Sylk Commissioner Bob Leidner Commissioner Andrea Gassman Commissioner E. Howard Long STAFF PRESENT: Edie Hylton, Community Services Director Steve Howlett, Golf & Parks Manager 13TUDY SESSION The following Art in Public Places were toured: • Civic Center Campus and Senior Center: Spirit of La Quinta; Bronze Relief Map; Native American Mosaics; Native Animal Tracks; La Quinta Mountain Flanges; Sun & Moonbeam; Solitude; Historical La Quinta Mural; Dedication Courage and Honor. Steve Howlett, Golf & Parks Manager stated that the Spirit of La Quinta recently had restoration work. Chairperson Weber asked about the Rotary sign and Mr. Hovvlett indicated that it was being repaired. Vice -Chairperson Sylk asked about the cost benefit of a security person or security cameras to keep watch of the campus at night versus the cost of vandalism to the campus. Mr. Howlett has been keeping record of the vandalism at the campus. Commissioner Gassman requested that the bolts be cut off on the Artist Acknowledgement area and that the "figure" that was originally there is replaced to tie in to the artist acknowledgement. U - 4 06 C,ornmunity Services Commission Minutes Decernber 9, 2006 -2- Vice-Chairperson Sylk suggested that consideration be given to a sidewalk to divert walking on the Mosaics. Chairperson Weber suggested up -lighting the Sun and Moonbeam to decrease the vandalism and to better view the piece. Commissioner Long indicated better lighting is needed in the parking lot. • Calle Tampico & Desert Club Drive (Running Free) The Commissioners indicated that the Running Free art piece at the Embassy Suites is in great condition. • Eisenhower Drive & Avenida Bermudas (Obelisks) Commissioner Gassman asked about the long term commitment to keep the Obelisks in the Cove. She indicated they are extremely difficult to read at night. • Calle Tecate & Avenida Madero (Fish Trap with Bear) Steve Howlett, Golf & Parks Manager indicated that the Fish Trap with Bear will be repaired this Fiscal Year. The tiles are broken and the rocks around the perimeter of the art piece need to be removed. Chairperson Weber suggested a small concrete enclosure around the perimeter be considered to keep people from walking inside or throwing rocks at the tiles and breaking them. • Fritz Burns Park (Dances with the Landscapes Mosaics, Gateway to the Desert, In Between Earth and Sky Spray Towers, Walk Through Rainbow) Edie Hylton, Community Services Director indicated that the Mosaics at Fritz Burns Park had been recently repaired. A few pieces need to be re -glued in place. Maintenance will be completed at the Spray towers in several weeks. Commissioner Gassman asked about the Arches art piece and Director Hylton stated that the additional pieces are being made and will be added after the first of the year. • Washington Street (between Avenue 50 and Calle Tampico) (Bridge Railings) Chairperson Weber asked about future locations of the bridge railings. Director Hylton indicated that they would be added at Washington Street and Jefferson Streets. • Avenue 48 and Washington Street (Don) Commissioner Long also commented about the intricacy and quality of the Don Art piece on Washington Street. (_ 4 07 Cornrnunity Services Commission Minutes December 9, 2006 • Lake La Quinta Drive and Washington Street (Desert Dolmen) Vice -Chairperson Sylk commented that the Desert Dolman is not easily viewed from Washington Street and the cars drive past too quickly. Vice -Chairperson Sylk indicated the current location was not a good place for the art to be placed. • Northwest Corner Washington Street/Highway 1 1 1 (Cahuilla Family) Chairperson Weber indicated that the access needs to be improved at the Cahuilla Family art piece. A bench and a granite pathway would complete the area. Commissioner Leidner indicated the lack of access created a potentially safety issue. Commissioner Gassman indicated that this is a very high quality piece and that it would be nice to have another from this artist. • Northeast Corner Washington Street/Highway 1 1 1 (Oasis 1 1 1) Director Hylton stated that the City Council recently approved the relocation of this piece to Fritz Burns Park. This will be coordinated with the Corporate Yard Master Plan and reassembled. • Southeast Corner Washington Street/Highway 111 (La Quinta Court Fountain) Commissioner Gassman and Commissioner Long agreed that they did not feel that the La Quinta Court Fountain was an art piece and felt it was more of a landscape feature. • Lowe's Hardware (Eagles) Commissioners discussed the possibility of relocation of the Eagles at Lowe's Hardware. Chairperson Weber and Commissioner Leidner indicated that the Eagles could be placed at the rock formations near the temporary clubhouse at SilverRock Golf Course. The landscape work at Lowe's Hardware is very extensive and a nice addition to the front of the Lowe's store. • La Quinta Car Wash (Desert Scene) Chairperson Weber and Vice -Chairperson Sylk remarked that the Desert Scene at the La Quinta Car Wash was very nice and in excellent condition. • La Quinta High School (Mascot Mural) Commissioner Long noted that the La Quinta High School Mural turned out very weh and will be a nice addition at the school. G' 408 Community Services Commission Minules 4- December 9, 2006 • Highway 111 & Jefferson Street (Entrance Monument & Bus Stop) Chairperson Weber asked if the entrance signs would be placed at our northern and southern borders as well as the east and west. He also suggested that we consider making smaller versions if space is an issue. XI. ADJOURNMENT It was moved by Commissioner Leidner and seconded by Commissioner Gassman to adjourn the Community Services Commission meeting at 1:00 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: Regular Meeting Monday, December 11, 2006 at 7:00 p.m. La Quinta Civic Center — Study Session Ited by: Angela Gueregue, Secrets 4. 19 Department Report: I— A T Lam C� 049 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: January 16, 2007 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the December 19, 2006, City Council meeting: 1. Kathy Barrows, 53-298 Avenue Montezuma, La Quinta, suggested Council members and/or staff attend the National Home -Building Association Conference in March 2007 regarding green -building and energy conservation. 419 DEPARTMENT REPORT 3-A NCITY COUNCIUS UPC6J dry 4ry flY' • JANUARY 15-21 JANUARY 16 FEBRUARY 6 FEBRUARY 20 MARCH 6 MARCH 15-18 MARCH 20 APRIL 3 APRIL 17 BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LA QUINTA ARTS FESTIVAL CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 411 LA QUINTA CITY COUNCIL MONTHLY CALENDAR January 2007 Sunday.. .. I y Friday 5 6 2 3 4 3:00 PM City Council 10:OO AM ALRC 12:OO PM Mayors Lunch 9:OO AM - 4:00 PM SJSR Meeting NII. Mnm4Henderson `F'''�(' F•§ �'� New Years Da CITY HALL CLOSED its 7 8 9 10 11 12 13 10:00 AM Pub. Shy Kirk 7:00 PM Planning 9:00 AM RCTC. 9:30 AM Animal Campus. 12:00 PM Transp-Kirk Commission Henderson Henderson 3:00 PM Mtns. 5:30 PM Investment 11:00 AM CVCC Sniff Conversancy -Kirk Advisory Board 12:00 PM Energyl 5:30 PM Community Environs Sniff Services Commission 6A0 PM League. Henderson 14 15 16 17 18 19 20 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preset 9:00 AM CVA-Henderson Meeting Carte. vation Commission 12:00 PM HumanlCmao- Martin Luther King's Osborne Birthday (CITY HALL CLOSED) Bob Hoe Chr sler Classic 21 22 23 24 25 26 27 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO- Henderson Commission 4:00 PM J.Cochran Reg. Henderson Arp Osborne Bah Hope Chrysler CL..� 28 29 30 31 6:00 PM Exec Carte: Adolph cember 06 February 07 T W T F S S M T W T F S 1 2 1 2 3 5 6 7 8 9 4 5 6 7 8 9 10 F 11 2 13 14 15 16 ': 11 12 13 14 15 16 17 9 20 21 22 T3 fi 27 28 29 30 fi 18 19 20 21 22 23 T4 25 26 27 28 :iR3F/eF,.fiF es.?�k 'li�§t�`21.t3;'rtS;b;e 5, Printed by Calendar Creator Plus on 1/9/2007 v v ; LA QUINTA CITY COUNCIL MONTHLY CALENDAR February 2007 . ......-...._ .. o .. ............ iy .'.i; <�:gFe :4< §'a •, :9iiir''s's$:. 4�{F: �{.k i%eyi e.I r..Fy4vkz:i;'4 i•':FxS'z! xi3t //r'�k�3�{•? .:k§fki<f .rt' e {'• �r`in<4, r.:S'4 �r'fid3.l'4n.�r.'4:'�;i4 �'. x%� %¢S[,i1 o January March r ` S M T W T F S �•<I4,, S M T W T F S) ``°E''i••:'r'I 1 2 3 4 5 6 F,s: `�•F'; ,,, I 2 3 ' pxiF¢s�ixl 7 8 9 10 11 12 13 fi',�;�•1°� �}+`� 4 5 6 7 8 9 10 " 14 15 16 17 18 19 20 ^'4s4F; r'3•' 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 18 19 20 21 22 23 24 ,r 28 29 30 31 *r''%; 25 26 27 28 29 30 31 k''r'': r11v.,;,?%.F,'ry'�k4�„{;,.I„I;,' ";"r'„.•;'.`r5"yslf': e �it: 'Yi, r�� '.Fki'• '%Fi"% '.'ievt z,"p'2§'<r9i. `k 4 5 6 7 8 9 10 3:00 PM City Council 10:00 AM ALRC 11:00 AM CVCC Sniff Meeting 12:00 PM Energyl Environs Sndf 11 12 13 14 15 16 17 10:00 AM Pub. Sfty Kirk 7:00 PM Planning . 9:00 AM RCTC- 3:00 PM Historic Preser. 9:00 AM CVA Henderson 12:00 PM Transp Kirk Commission Henderson va0on Commission 5:30 PM Community 5:30 PM Investment Services Cormussion Advisory Board 6:00 PM League - Henderson 18 19 20 21 22 23 24 3:00 PM City Council 10:30 AM Homelessness 9:00 AM LAFCO- Meeting Cmte. Henderson 12:00 PM Hum enlComn President's Day Osborne (CITY HALL CLOSE0) 25 26 27 28 10:30 AM RCTC Budget 7:00 PM Planning 12:00 PM Sunline-Adolph', Henderson Commission' <�i':r,8'", 6:00 PM Exec Cuts, efi;s .:i1i,;ir#'^r3si• r�s;;;y,: Adolph ?s�^, ':{s" ,'pY�'4§v ,; �: r"�:' z1 k�tr Y y:�$•','•FE „.eivl k�k .fif 'tilt.:.• ie5 .k)re`� •k ``.1 r—Y ipi?r"0'#i'Y:��ii't;.Y,4},E.y`E5}jai •z.; Printed by Calendar Creator Plus on 1/9/2007 01 413 LA QUINTA CITY COUNCIL MONTHLY CALENDAR March 2007 ... .. .. e lei x','k.i; S^j <• rY3:t;.1/x k •�R.fl3.�`'i fF•;'i t�tln .'k y:,'y.� I' ,eke, F 'S �<{.i `' §e'Ya tiP:' i+.SIE.0 3��,' 'yZ (.�;: i 'FF•f;; xI ��ZE�S�t'3: 1�a �J .. .. k';,I'a5ilry %£ 2 3 r April "''�';#';.; Februarys a1 "Yp I' fi`` ' S M T W T F S S M T W T F S 12:00 PM Mayors lunch 9:00 AM4:00 PM SJSH Nil. Writ Henderson 1 2 3 i `F I 2 3 4 5 6 7 'F/x 'la} 4 5 6 7 8 9 10 +;'k g'..°,�fi°.''I' 8 9 10 11 12 13 14 II 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 ,x 22 23 24 25 26 27 28 ;.:a;,, X " 'l.5 26 27 28 29 30'' 5 6 7 8 9 10 3:00 PM City Council 10:00 AM ALBC 9:30 AM Animal Campus. Meeting Henderson 11:00 AM CVCCSniff 12:00 PM Energy) Envuan: Sniff 11 12 13 14 15 16 17 10:00 AM Pub. Sfty-Knk 7:00 PM Planning 9:00 AM BCTC. 3:00 PM Historic Preser. 9:00 AM CVA Henderson 12:00 PM Trensp-Kirk Commission Henderson vabon Commission 3:00 PM Mans. 5:30 PM Investment Conversancy -Kirk Advisory Board 5:30 PM Community Services Commission 6:00 PM League Henderson La 0uinta Arts Festival 18 19 20 21 22 23 24 3:00 PM City Council 10:30 AM Homelessness 9:00 AM LAFCO- Meeting Cmte. Henderson 12:00 PM Human/Comm, Osborne �La Ouinta Arts Festival' 25 26 27 28 29 30 31 10:30 AM BCTC Budget 7:00 PM Planning 12:00 PM SunlineAdolph Henderson Comrssion 4:00 PM J.Cochron Beg. 6:00 PM Exec Cmte: AirprOsborne Adolph Printed by Calendar Creator Plus on 1/9/2007 A 1 U '- `i DEPARTMENT REPORT: �444" TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety 4 DATE: January 16, 2007 RE: Department Report — December 2006 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of December. Also included are Monthly Executive Status Reports for Vista Dunes Courtyard Homes, the City Hall Expansion, and the Museum Expansion. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $272,174,946 which represents an issuance of 4,277building permits through December; • Animal control handled 2,708 cases through December; • Code compliance initiated 2,475 cases through December; • Garage sale permits generated $830 in income during December. 415 O co L +•+ CC C, R 'ti N O 00 N M M v00 0i C1 O oN0 14 cN ��. m m O O\ �--i a ONi O M N [l- M N l- N 7 O V1 7 t ll N M N M O CD N H 7 N N M N V 00 00 M N M 7 = M N n QO.I 000 Om0 O C iC 'l+ ivr y+ O .pr O 00 00 V1 00 It M M M V 00 N C\ N N O r- N .�. 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Q W(F90 m m w IL w U a m zZ_Q y N � Z W U F- U Q d N U_ 0,z N W (7 Q2 Q 0 QV w wrLC 7 z a O z > O = oa > m m LZN(ONSTRUCrION, INC. „�, r .. 1 7 . 17 4• t,`, 9[ t to G?endora Beveriyftiffs San%lemezre La Quinta LwVeps Monthly Executive Status Report City of La Quinta Vista Dunes Courtyard Homes Presented to the City of La Quinta: January 7, 2007 For the Month of December, 2006 1 TURY FROM S t71 .. IK"' ,'lAiMt 110s (Do • No negative community related problems/issues reported. • Approved utility plans received from Time Warner. • Sewer plans have been rejected by CVWD and are being redesigned. • Riverside County Fire Department has approved temp construction fire abatement plan. • Footings for perimeter wall at southwest corner of property in place. Wall construction has started. • Underground plumbing inspection accepted on 12-19-06 for units: 172, 173, 174, 175, 176, 178, 179, 180. • Continued to resolve documentation errors with City, Architect and Engineers. Schedule Performance Project to Date • Per Davis Reed schedule & D R site superintendent - Not on schedule: 10 weeks late. Bud et Performance Project to Date Total, rded Contract Amount 21,400,000 Contingency 2,500,000 Total Available Budget Contract Award lus Contin enc 23,900,000 Change)rders To Date (2): Credit -213,235 Contingency Used To Date: Additional -213,235 Current Gust Commitments on inal award + than e orders 21,186,765 Un-Committed Available Budget Remaining 2,713,235 Current commitments as % of Total Available Budget 88.6% Safety Performance Project To Date • No lost time or claims due to injuries or safety violations. • No on -site accidents to date. Upcomin<t Month's Priorities/Key Activities (January, 2007) • Site: office trailer to be fully functional by January 5, 2007. • Sewer redesign by MDS to be approved by January 5, 2007. • Storm drain construction to start January 2, 2007. • MDS and Shasta to provide proposal for site fire line design by January 15, 2007. • Approved utility plans from Verizon, & The Gas Company by January 15, 2007. • Will pour concrete slabs for units 172, 173, 174, 175, 176, 178, 179, 180 on January 2, 2007 • Will start construction of Common Building on January 8, 2007. • Continue to value engineer the building construction components. G 7J 420 IMV(ONSTRUCTION, Glendora Beyedy Hills San Clemente La Wnta Las Vegas Monthly Executive Status Report City of La Quinta City Hall Expansion Presented to the City of La Quinta: January 7, 2007 For the Month of December, 2006 • Installation of permanent 8" fire line completed and passed inspection per Fire Marshall • Permit -able construction plans have been approved by the City of La Quinta • Investigate vault relocation per TH • Work Area #4 - Trellis work removal was commenced and completed • Work Area #2 - Trellis work removal and demolition of existing foundations has commenced • Per Landscape plans, transplanted 6 - 20' palm trees to new and permanent location (courtyard) • Construction office fully operational / City leased trailers cleaned and fully operational • All items to be removed and stored (lighting fixture, benches, and plant fixtures) have been secured Schedule Performance Project to Date • Master schedule to date and on -time Budget Performance Project to Date Total Awarded Contract Amount 8,700,000 Contingency 1,500,000 Total ,Available Budget Contract Award plus Contin enc 10,200,000 Change Orders To Date 0 Contingee icy Used To Date 0 Current Cost Commitments (original bid + than a orders 8,700,000 Un-Committed Available Budget Remaining 1,500,000 Current Commitments as % of Total Available Budget 85.3% Safety Performance Project to Date • No lost time or claims due to injuries or safety violations • No on -site accidents to date Upcoming Month's Priorities/Key Activities (January, 2007) • Work Area # 1 - relocate existing pumps for courtyard fountain and remove exterior hardware • Commence over -excavation of the future WA #5 & #6 • CVWD cost notification for sewer and 2" meter tie in • Submit for vault (telecom/fiber optics) relocation approval (City) • Remove existing slope outside of fencing area per City G 'J Fes': a �3 j ! 3` T N t r1 la Monthly Executive Status Report City of La Quinta Museum Expansion Presented to the City of La Quinta: January 6, 2007 For the Month of December, 2006 • PWCI provided City with construction cost estimate of $2,200,000 • PWCI preparing for upcoming bidding process Schedule Performance Project to Date Preliminary schedule (approximate dates) calls for: Publication for bid - 1 /17/07 Bid opening - 2/16/07 Contract award - 2/20/07 Notice; to proceed - 3/ 1 /07 Contract completion - 1/ 15/08 Closeout - 2/ 15/08 Bud et Performance Pro)ect to Date Contract .Amount Pro'ected $2,200,000 Contingency 500,000 Total Available Bud et Pro'ected Contract plus Contingency) 2,700,000 Change Orders To Date N/A Contingency Used To Date N/A Current Cost Commitments (original bid + change orders N/A Un-Committed Available Budget Remaining N/A Current commitments as % of Total Available Budget N/A Safety Performance Project To Date N/A Upcoming Month's Priorities/Key Activities (January. 2007) • PW Construction to continue coordination with architect and engineers • Project plans and specifications to go out for public bid on January 17th • PW'CI to notify bidders of the plan and spec availability and bid closing schedule • Plans and specs posted on OCB/PLANWELL web site • PW'CI to promote site observation at existing museum C 422 Department Report: 5' �.GN pti5 TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Conj;punity Development Director DATE: January 16, 2007 /(V�►("l�fj SUBJECT: Department Report for the Month of December 2006 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of December. PAMonthly Report FoldeADECEMBER 2006.doc " 1 F— Z w H a w CD Z cw G a 0 J w w p } H Z O U O a w Cr H Z w 2 a w 0 ro 0 (V a LLD �1 L: LLI U LLI Cl CI Z w O ~ ~ a m m m U = D � U) E w U y o p w y U a a U Dn c a aaaaaa a)aa a)aaaaaaaa LLI a) _ Y Y Y Y Y Y Y Y Y Y Y Y Y Y V EY E E E E E E a E E a E E E E E E E D w Z CIC > 0 > 3 m > y > m ur m > D o c > > J C a N w N a) a) N t a) w 0 0 N W a) N W W O a W � 0 0 0 N 0 -00 00N000CM N Z Q N Z O J � a) y H W a) N IL C a) Z H N C C Y 'E C~ m ~ Y y E y m E '- a) E a LU E aa)) a) a to c la) y a E a p m a a) rn U) w C m a) A c U) c m a a) C m m w N Q a E m E m Y E E a a O y o ` c' n Di y a) n a c 0 a a) m y U) m a) y 0< Q o m a = 0 16 a H >, a) c a c c E E a a y m a) E m a) U) m o m o D c mQO a) > > mptU c y v C.� a) m C -1 o o m D 0 m a) a)> C E C CcD > C)L aainncnFF>NN U n0(7- N G.J CA } H H U Q Z O C_n O U C7 z z z ,Q 11 00 # N N O a y M H ~ Z O a c c a� EE E U Q En W O yU Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y W E E E E E E E E E E E 0 0 rn rn m rn y y y rn y rn rn d a CM N 00 O) (M O N N 0- Q U) W F- Z no -1 O a LL H W D: LU w a °a } H YY C C Y aa) m m W N E �v E �, E m -i w a a -0 LL_a 0 y c m) c Oa. U 0 m E E E w CC a n, as ,c, E a ,°°J c > U) N O m F 0can) E E a a c0 0 U O a"> _mN >>rUz o a'� rnNmQ U QHO "•=Oc N N cwc0NYCmc b CO FZ-) O O a- O U°(7fnnnFo OwOmC N 1N Q N O a a m c m a U U N a U) c m m c a) w M 0) W W i4 C m c : a) 0) E c 0 O a W p f c L a) N O) N � O Y O U O N m m > C _ o- M s �hr5 V ': DEPARTMENT REPORT: ---1 7 1_ 0 � �z c% �W U.7 C� F Tti4'94, TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Community Development Director DATE: January 16, 2007 K SUBJECT: Report of City Council Subcommittee and Update on the Sphere of Influence City Council Subcommittee The City Council established the Sphere of Influence (SOI) Subcommittee on September 5, 2006. Since the last report of November 21, 2006 the Subcommittee met on December 13, 2006 and January 10, 2007. The December 13, 2006 meeting topics consisted of an update on the County fiscal discussions and negotiations, Memorandum of Understanding for the SOI area, and the strategic planning process. January 10, 2007 topics included City/County discussions on fiscal efforts, an update on fiscal impact/density modeling, an amendment to the RBF contract (see below), Memorandum of Understanding for the SOI area, and a brief report on the South Valley Parkway work. Fiscal Discussions with Riverside County City staff has a scheduled meeting with Riverside County staff regarding potential pre -annexation agreements for the segment of the SOI area that is within the Thermal Redevelopment Area boundary. The purpose of this meeting is to discuss opportunities to ensure future annexations are fiscally sound for the City. Strategic Planning Process — RBF Contract Following the December 19, 2006 City Council meeting, staff has been working with the strategic plan consultant team, RBF Consulting, to further define the tasks and budget necessary to proceed with a process to define land use, development and design standards for the SOL Staff and the consultant team met on January 3, 2006 and further defined the product, process, and schedule for this effort. A work session with Vista Santa Rosa Task Force members was conducted on January 10, 2007 with the purpose of introducing key stakeholders to this process ��G as well as to receive input and suggestions regarding the land use and development regulation strategy being proposed. If the proposed RBF contract extension is approved, a community workshop will be scheduled for Saturday, February 3, 2007 from 9:00 a.m. to 3:00 p.m. to be held at the La Quinta Senior Center. Draft land use and development regulation provisions will be released the end of February with a final community workshop tentatively scheduled for February 28, 2007. Additional information regarding the contract amendment with RBF is being provided in a separate report to City Council at the January 16, 2007 meeting. Fiscal Report Staff presented the latest fiscal information to the City Council Subcommittee at their January 10, 2007 meeting. The report focused upon fiscal impact, density modeling and mitigation options based upon multiple potential annexation and development scenarios. This information continues to be utilized in discussions with Riverside County with regard to a proposed Pre -annexation Agreement. Draft County VSR Land Use Plan — VSR Task Force County staff continues to work with the VSR Task Force members in reviewing the draft land use plan for the entire VSR area. At the last Task Force meeting, held December 27, 2006, discussion relevant to the Land Use Plan primarily focused upon perimeter property line setbacks, as well as density and circulation issues relevant to the South Valley Parkway proposal. The next two meetings of the VSR Task Force have been scheduled for January 18, 2007 and February 1, 2007. v 2 DEPARTMENT REPORT: U OF T TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director DATE: January 16, 2007 SUBJECT: Community Services Department Report for December 2006 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF FEBRUARY 2007: Feb 1 *Free Tax Assistance Feb 1 *Introduction to E-Mail Feb 1 *Photo Editing 3 Feb 2 *Yoga for Health Feb 4 Adult Soccer League, La Quinta Park Feb 5 *Mat Pilates Feb 5 *Ageless Action Aerobics Feb 5 Tae Kwon Do, La Quinta High School Feb 6 Cooking For Better Health, Senior Center Feb 6 *Digital Photography Feb 6 Adobe Photoshop Elements 2 Advanced Course, Senior Center Feb 6 *Jewelry Making Feb 6 *Microsoft Excel (4 classes) Feb 7 Adobe Photoshop Professional Version, Senior Center Feb 8 *Valentine's Day Luncheon Feb 8 *Tai Chi for Health Feb 8 *Introduction to Computer Feb 8 Adobe Photoshop Elements 2 Introduction Course, Senior Center Feb 8 Beginning Ballet, La Quinta High School Feb 8 Dance, Play & Pretend, La Quinta High School Feb 8 Hiking in the Coachella Valley, Senior Center Feb 9 *Sweetheart's Ball/Senior Prom (Evening Dance) Feb 12 Big Bear Skiing & Snowboarding Excursion Feb 12 *Hooked on Loops Feb 13 *Beginning Mah Jongg Feb 13 *Photo Editing 1 Feb 13 *Tai Chi Independent Feb 13 *CPR & First Aid Feb 15 *Introduction to Word Processing 42.8 Feb 15 *Social Ballroom Dance & American Latin Feb 117 Adult/ Infant/ Child/ CPR & Basic First Aid, Senior Center Feb 118 Rhythm & Hues Community Concert, Civic Center Campus Feb 20 *Photo Editing 2 Feb 20 *Baby Boomer Boot Camp Feb 20 How to Stop Unwanted Thoughts & Feelings, Senior Center Feb 20 *Beginning Watercolor Lessons Feb 20 *List & Labels Feb 21 Kickboxing Boot Camp, Senior Center Feb 21 *Beginning & Continuing Italian Feb 21 *Sketching & Drawing Feb 21 *Beginning Tap Dance Feb 22 *Mosaic Tile Art Feb 22 *Introduction to the Internet Feb 22 *Word Processing Level 2 Feb 22 *Mature Driver Training Feb :23 *Latin Ballroom Dance Feb :26 Dance, Play & Pretend, Senior Center Feb 26 *Intermediate Watercolor Feb :27 Belly Dancing, La Quinta High School Feb 27 Hawaiian Hula/Tahitian Dance, La Quinta High School Feb 27 *Advanced Beginners Mah Jongg Feb 27 Intermediate Guitar, Senior Center Feb 27 Rock N' Blues Guitar, Senior Center Feb 27 *Photo Editing 3 Feb 27 *List & Labels *Daytime Senior Center class or activity C� C 429 YMCA of the Desert City of La Quinta Fritz Burns Pool Aquatics Summer 2006 La Quinta Parks and Recreation Commission December 11'h, 2006 G 430 2006 Aquatics La Quinta Fritz Burns Pool Highlights Free Swim Lesson: 192. We offered free swim lesson to anyone age 8 and above. We indicated it would be for low income people who wished to have their kids learn to swim but did not have funds. Great Media Coverage: 2 T.V. news spots, 4 different photo stories, several press releases on Aquatic programs and novice swim meets. Labor Day: Free Day of Swim. New this year, families loved it. Swim Team: Local Valley Swim team used the pool in hours when little or no programming took place. ]Pool Rentals: We contacted all the local schools and offered them end of school year parry rentals. Nine (9) local schools took advantage of this. Novice Swim Meets: These meets were held at the end of each month, seven (7) races were held by ability and age group. Winners received ribbons. Overall increase from 3,667users in 2005 to 4,624 users in 2006. Evaluations are done with all aquatic programs with a response rate of 65%. This year's rating were 89% very — good to excellent. 431 - -LAQUINT AQUAA 1 SUMMER 2005 - -- APR MAY JUN JUL AUG SEP Lessons 1 22 88 190 17-- 13 I--' -- MC 104 ( r 1 39 288 - 599 - 60 3 -109 j Grn? 100 300 680 500 100 �TOtaN 126 139 676 1,469 1,035 222 3,667 YMCA AQUATICS - LA QUINTA SUMMER 2006 APR 1 MAY J3U0N - J61U24L _ j A1U69G P E4 ns ---- ------ - 18 -----1-- 102iJ1 - .S2- -3 -LFt-eEs-Cso-- 124 - 372 7- Group 280 305 459 345 Rental Swim Team Rental 185 190 ! 180 ---------- 191 105 ------------------------------------------1 Free Swim -- --------- 106 86 Novi e Swim Meet 1 I 69 77 41 0 Total 1 327 1 470 1 957 _11 1,655 1 1,118 1 97 14,624 1 u�1 432 Program Community Services Department Attendance Report for the Month of December 2006 Summary Sheet 2006 2005 Variance Sessions Per Month 2006 2005 Leisure Classes 31 119 -88 22 46 S ecial Events 946 3301 616 3 3 Adult Sports Senior Center 438 1026 180 1024 258 2 43 67 3 72 Total 2,441 1,653 788 136 124 Senior Services Senior Center 300 188 112 16 9 Total 300 188 1121 16 9 Sports User Groups La Quinta Park Use AYSQ 1550 1100 450 21 15 Sports Complex LQSYA Winter Ball 75 72 3 14 8 F.0 La Quinta 15 15 0 1 3 Facility/Park Rentals Library Multi -Purpose (Room 650 100 550 5 1 Classroom 550 0 550 11 0 Senior Center (Private F'arty) (Church) 200 375 510 450 -310 -75 1 5 4 6 Civic Center (Private Part) 50 0 50 1 0 Park Rentals La Quinta Parts. 150 200 -50 3 5 Fritz Burns Park 0 0 0 0 0 Total 3,615 2,447 1,168 62 42 Total Programs 6,356 4,288 2,068 213 175 Vnluntaar Hours Senior Center 415 2741 141 Total Volunteer Hours 1 4151 2141 141 G 433 Community Services Program Report for December 2006 2006 2005 2006 2005 Participants Variance Meetings Meetings Leisure Classes —Participants Beginninq Bellydance Intermediate Bellydance Hula Dance 7 4 6 5 3 0 2 1 6 2 2 2 4 2 0 Line Dancing osoft Excel 1 6 0 8 1 -2 2 2 0 3 KwonDo 7 0 5 12 0ls E 31 16 13 22 B 2006 2005 2006 2005 Participants Participants Variance Meetings Meetings Special Events Breakfast With Santa 200 80 120 1 1 Tree Lighting Ceremony Newport Harbor Excursion Totals 700 46 946 200 50 330 500 -4 616 1 1 3 1 1 3 onna 2005 2006 2005 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 197 0 197 20 0 Fitness Center 61 0 61 20 0 Adult Soccer League 180 180 0 3 3 Totals 438 180 258 43 3 Recreation Totals 141i 526 887 68 15 C 434 Monthly Revenue Report for December 2006 RfiI hh. Ge..nm.e - Garilifii Rentals 2006 2005 Variance Library Senior Center $ $ 2,495.00 2,797.50 $ $ - 4,255.00 $ $ 2,495.00 (1,457.50) Parks $ 250.00 $ 100.00 $ 150.00 Sports Fields $ 77.00 $ 305.00 $ (228.00) Monthly Facillity Revenue $ 5,619.50 $ 4,660.00 $ 959.50 Year to Date Facility Revenue $ 44,602.00 $ 21,790.00 $ 22,812.00 ■e....n.i., oe....n,.e ....Y F. Senior Center" I $ 2.497.00 1 $ 2,607.50 $ 110.50) Communi LServices** La Quinta Resident Cards $ $ 1,788.00 3,510.00 $ $ 1,368.00 1,920:00 $ $ 420.00 1,590.00 Fitness Cards $ 225.00 $ - $ 225.00 Total Revenue $ 8,020.00 1 $ 5,895.50 $ 2,124.50 0 - n— Year to Date Senior Center $ 30,236.50 $ 41,001.50 $ 10,765.00) Community Services $ 21,125.00 $ 55,445.00 $ (34,320.00) La Quinta Resident Cards $ 18,315.00 $ 13,620.00 $ 4,695.00 Fitness Cards $ 1,755.00 $ - $ 1,755.00 Total Revenue to Date $ 71,431.50 $ 110,066.50 $ 38,635.00) Ov 435 Senior Center Attendance Senior Center Program Report for December 2006 artici anonParticipation Variance Meetings 2oub ZUU02006 2005 Senior Activities ACBL Bridge Bridge, Duplicate/Social/Party` Holiday Dance Arts & Crafts Bazaar 177 304 59 80 168 352 67 0 9 -48 -8 80 3 11 1 1 4 15 1 0 Monthly Birthday Party 20 15 5 1 1 Monthly Movie Time 105 21 110 55 -5 -34 1 3 1 3 Senior Activity Total 766 767 1 21 25 Senior' Leisure Classes Arts & Crafts 3 0 3 1 0 Ballroom Dance 15 15 0 3 Bridge Lessons Computer Classes Current Events/Civil War History 40 8 26 58 19 0 -18 -11 26 2 4 3 6 0 Exercise 36 42 -6 12 12 Golden Tones 44 48 -4 3 3 Hooked on Loops 4 4 0 3 4 Latin Dance 2 0 2 3 0 Mat Pilates 6 0 6 4 0 Quilting 14 27 -13 2 3 Sketch & Draw 12 12 0 2 2 Tai Chi / Tai Chi Arthritis 6 21 -15 4 8 Watercolor 10 11 -1 2 3 Woodcarvers 34 0 34 4 0 Senior Leisure Classes Total 260 257 3 46 47 TOTAL SENIOR PROGRAMS 1026 1024 2 67 72 Senior Services FIND Food Distribution 198 130 68 5 3 Laser Center@Contour - Skin Cancer 18 0 18 1 0 Hearing Consultation 4 0 4 1 0 HIC:AP 5 3 2 2 1 I.I D. Energy Assistance/No fee Legal Consultation Mature Driver Training December Seminars 24 5 19 3 17 6 9 0 7 -1 10 3 4 1 1 1 3 1 1 0 Volunteers 24 23 1 n/a n/a TOTAL- SENIOR SERVICES 300 188 112 16 9 SENIOR CENTER TOTAL 1326 1212 114 63 61 'Duplicate & Social Bridge attendance is lower this year compared to last year. 2006 2005 Variance Volunteer Hours Senior Center 415 274 141 Volunteer Total: 415 274 141 Revenue Senior Center Revenue $2,497.00 $2,607.50 $110.50 Revenue Total: $2,497.00 $2,607.50 $110.50 Dec-06 U 437 DEPARTMENT REPORT:_ 4 XP Qumrry MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM; Timothy R. Jonasson, Public Works Director/City Engineer DATE: January 16, 2007 RE: Public Works Department Report for December 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. 4ZA- inotY R. ona s Public Wolt<s Dir for/City Engineer 4 �^ 439 F Z w 2 a d w g� Y LL W OR J m IL IL T U) N J F ,o O0 N F w :� w u 19 ww LU .r V 5 K III N Z w N F V r 440 2 0 0 0 N Of W m LU W > O Z �a aF �w J Q Z U 2 W �0000 W O O O O 0 Urnouri V W J — - 60� V 699 ui U i W r W co LL J Q H O F O O O O O O O O O F LD OOOK! 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J� X'pO,Y6 �M v 'Qy0 E_cpU+Noi>NFN�OnC- 1I1II�I��n�.�a»��OM°�{.�N/7i.+}' rLm7-N m.+CyOtm� • y•DU`�~A7°, �°�"�UYOm3°'+ 1 UUa.'�000C�aUC'��N+ •-UmNU ' (Y�QCjpA7p f Q„�a«��pCOO�+ H�G•NtL.i, � ' Yo°+ + cN ) dvVc HGfaQFVQJQHan nQ mO'NN In cL 0 -0 CL co C6 >UCC =U)Cm W (0 O 7 C a) O 07 Lc0)OpC Y C7d07 oO)C -0aOC-CN O.U)N (ID a N O !-N O O NppG) -Lu 0 N N2 n0no o 0 0 0o0 aNz In UJ tIn CID CD(0coaI--H NaY wU O OUo N W lL LLCID O �p 0 �C N JJ OC)a aEL CL ) a U o (D 4a Z > N FN O p i0t0 (jp = O Q C—U)�0)>m 0 C O U m c O U0Q °?N aovo �o '.�_(a7CO �'UmY'�c�Y�Ua�OUi ypOyNRn I i �QV�Uz�p0rU0 . �C��pOt��.QtC�.pL7+ .O .• fn O U C 0 7 0 'O O M � 7 N O U � d p w N p_ N C O N C C U 'O C O C � t 0 >. Q fn p O y 0)YO •' a a d a U NU� L-�•VD 'DoE O ON y7 NE�3N> oo N >c 0a)nLL.mcomcozE2 m m °m00 C.. O MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: December, 2006 Employee's Hourty Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activi 6 Men 3 Men 2 Men 1 Man Total 1000 Policingfinspection 61 40 2 10 113 1001 Pot Hole -Repair/Patching 7 8 0 0 15 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 2 0 0 2 1004 1 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Paintin 0 0 0 0 0 1006 Other Traffic Controls 6 34 0 0 40 1007 Curb & 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) 0 4 0 0 4 1010 Street Sign Re air/Maint 23 26 3 2 54 1011 Debris Removal 34 16 6 51 61 1012 Ri ht of Wa Maint. 6 27 28 1 62 1021 CLEAN Catch Basin Inlet/Oullet 0 0 0 0 0 1022 Rondo Channel OuftWautt 3 0 0 0 3 1022A Desert Club OutieWault 0 0 0 0 0 1023 S.D./D.IAW.B. Re air/Maint. 0 47 0 1 48 1024 Gutter/Median Sand Removal 2 0 0 0 2 1025 Street Swee in Machine 134 0 0 0 134 1026 Street Sweeping Hand 0 0 0 0 0 1027 SidewalkA3ike Path Cleaning22 0 14 0 36 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Ins ection/Clean 1 15 45 0 61 1041 Irri ' Wee:din , Shrubs & Tree Trimming22 7 93 4 126 1051 Landsca peArri ation Contract Mana eme 2 5 31 13 51 1052 Li htin .lectrical Contract Management 0 0 4 10 14 1061 Small Tools Re ir/Maint. 0 0 0 0 0 1062 Equipment Re air/Maint. 3 4 0 0 7 Re air Maint. 22 29 0 253 Trash/Litter/Re cable Removal 0 14 17 0 31 Vandalism Re airs 0 0 0 0 0 V1063Vehicle Graffiti Removal 347 74 21 10452 Maint. Yard Buildin Maint. 19 15 0 2 36 Seminars✓Traini 36 24 0 4 64 S ecial Events 2 0 0 0 2 1087 Citizen Complaints/Requests 88 0 8 0 96 1088[Meeting 20 31 12 16 79 1089 1 Office Phone, paperwork, repo Misc. 4 26 12 28 70 SUBTOTAL 864 448 296 108 1716 1091 Over Time 18 12 25 0 55 1094 JuryD F 0 0 0 0 0 36 1095 Sick Leave 8 8 8 12 56 1096 Vacation 24 0 0 32 1097 Holida 48 24 16 8 96 1098 FloatingHoliday16 0 0 0 16 0 1099 Worker Comp0 0 0 0 SUBTOTAL 114 44 49 52 259 TOTAL HOURS 978 492 345 16011975 TOTAL�AILES 3702 22801 1355 215 52 447 Department Report: 9 LA U I TA P@LICE Served by the Riverside County Sherffs Department Police Department Monthly Report December -- 2006 Prepared for 448 La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Walter Meyer Chief of Police (Number in parenthesis denotes number of calls for service that day.) 12/01 Friday (76) 0015 hours- Deputy Trower arrested Warren Longpre at Ave. 52 and Washington St. for driving under the influence: with a b.a.c. of 12%. 1710 hours — Deputy Martinez arrested Felix Ochoa for possession of explosives after a pedestrian check at Highway I I I and La Quinta Drive. Ochoa was in possession of two explosive devices. He was charged with two felony counts and for a violation of parole. Ochoa was booked into the hidio Jail and a parole hold was obtained. 12/02 Saturday (56) 2245 hours- Deputy Amezcua responded to a theft at the USA gas station Highway 111 and Dune Palms. The suspect, Joe Aguirre, entered the store and stole a 12-pack of beer. The clerk recorded Aguirre's license plate and deputies located the vehicle in the area. Aguirre was arrested for commercial burglary and possession of drug paraphernalia and booked into the Indio Jail. 2355 hours — Sgt. Allen conducted a vehicle stop at Ave. 52 and Bermudas. The driver, Scott Stryker, was found to be driving under the influence of alcohol. Deputy Trower responded to the location and arrested Stryker fbr DUI. Stryker was transported to the Indio Jail and booked. 12/03 Sunda 61 1338 hours —Deputy Neiburger responded to Target regarding a burglary that had just occurred. Deputy Neiburger arrested Andrea Danielle Mayfield and she was transported to the Indio Jail and booked for commercial burglary. 1430 hours- Corporal Northrup and Deputy Plata responded to a burglary at the La Quinta Resort. Two guests left the door to their room open when they went to the pool area. Retuning to their room, they saw Matthew Lee Prater hiding in the room. Prater fled the room and was later detained by security in the lobby. Both guests found that they were missing money. Prater admitted to entering the room through the open door and stealing the money. He was arrested for burglary and booked into the Indio Jail. 1830 hours- Deputy Trower responded to a disturbance in the 54500 block of Avenida Vallejo. He arrested Donald Hanson for public intoxication. Hanson was transported to JFK Hospital for an "okay to book' prior to being booked into the Indio Jail. 1845 hours- Deputy Chancellor arrested Jose Ramirez for shoplifting at Wal-Mart. Ramirez was booked into the Indio Jail. 2030 hours- Deputy Adams responded to the Cosco parking lot in response to a suicidal subject. Austin Leach was located in his parked vehicle and told Deputy Adams he had ingested medications and alcohol. AMR transported Leach to JFK hospital for protective evaluation. 449 2100 hours- Deputy Castellanos arrested a 15 year -old juvenile for shoplifting at Target. The juvenile was released to her mother at the Indio Station. 12/04 Mondav (60) 1555 hours- The La Quinta Set Team conducted a vehicle check within the Dune Palms Mobile Home Park. They arrested Felicia Cook for possession of methamphetamine and a meth pipe. Jeanette Laguna was also arrested for possession of a meth. pipe. 2250 hours- Deputy McFadden responded to a disturbance in the 52800 block of Avenida Martinez. Michael Rejniak had an argument with his mother and had threatened her with a weapon. Rejniak was arrested for brandishing a deadly weapon, being under the influence of a controlled substance, violation of a restraining order, and violation of probation. He was booked into the Indio Jail. 12/05 Tuesday (66) 1905 hours- Deputy Reynolds conducted a traffic stop at Washington Street and Highway 111. He arrested Andres Saenz for an outstanding felony arrest warrant. Saenz was booked into the Indio Jail. 12/06 Wednesday (94) 1932 hours- Dep. Reynolds investigated a report of a missing child in the 78800 block of Sanita Dr. Kristen Leeney reported her 6-year-old daughter was missing from the residence. Leeney claimed she picked her daughter up from school and had returned home about 4:00 PM. Leeney displayed obvious signs of being under the influence. She later acknowledged mixing drugs and alcohol. Investigating deputies learned that Leeney had failed to pick her daughter up from school as she had stated. Further investigation revealed that Leeney has been abusing drugs and alcohol for sometime and she was arrested for child endangerment and two misdemeanor warrants. Child Protective Services assumed care for the child. 12/07 Thursday (62) 1130 hours — Deputy Martinez conducted a pedestrian check at Avenida Velasco and Calle Durango. He contacted Michael Acordi who dropped a backpack when he saw Deputy Martinez and began walking away. Deputy Martinez recovered the backpack and found an unregistered handgun and ammunition of the same caliber inside. Acordi is a convicted felon on probation for burglary. He was booked into the Indio Jail and the gun was taken as evidence. 1430 hours — Deputy Martinez responded to a residential alarm on Mandarina Drive, in the Citrus Gated Community. As he was leaving the area he noticed a suspicious individual riding a bicycle. Deputy Martinez contacted Ryan Abodaca and found that he had two warrants for his arrest for embezzlement and failure to appear in court. Abodaca was booked into the Indio Jail. 2100 hours- Dep. Kim arrested Alejandro Cesar Garcia for a misdemeanor warrant in the 54200 block of Ave. Madero, La Quints. 12/08 Friday(68) 1400 hours - Deputies from the La Quinta Special Enforcement Team conducted a "Bait Car" program along the HWY 111 business corridor of La Quinta. Deputies parked the bait car, with unattended items in the car,ni front of the AM PM gas station and convenience store. In approximately 30 minutes, two male adults entered the parking lot in their vehicle. The driver of the vehicle positioned his vehicle next to the "bait car" while the passenger removed the items from the car. As the suspect driver and passenger started to drive away with the stolen items, deputies swarmed the suspect vehicle and apprehended the suspects without incident. The two suspects were identified as Jonathan Ventura and Freddy Fonsesca. Both subjects were arrested and charged with conspiracy to commit grand theft, grand theft, and possession of 430 stolen property. Through the investigation, it was also determined that Jonathan Ventura was on parole for rape and considered a parolee at large. Ventura was considered a "High Control" parolee due to the seriousness of the crime (rape) he committed in the past. 1437 hours — Deputy Nieburger responded to the La Quinta Target regarding an employee theft. Diana Tobar was arrested for taking a gift card left behind by a customer. Tobar was booked into the Indio Jail. 12109 Saturday (81) No Significant Activity 12110 Sunda 64 No Significant Activity 12/11 Monday 81 005 6 hours- Deputy Castellanos responded to a report of a prowler in the 47700 block of Adams Street. An unknown male was banging on the door and window attempting to get into an apartment. Investigation revealed that Daniel Vregenbug was extremely intoxicated and thought he was attempting to get into his own apartment. Vregenbug was arrested for public intoxication and booked into the Indio Jail. 0245 hours- Corporal Hughes responded to a disturbance at Adams Street and Auto Center Way. He arrested William David Genereaux for public intoxication. Genereaux was booked into the Indio Jail. 1040 hours — Set Team deputies arrested Raul Ramirez -Garcia following a vehicle check in front of the Jiffy Lube. During a consensual search, deputies located two baggie's of drugs and a glass pipe in the vehicle. 1120 hours - Deputy Martinez responded to the Stater Brother's Store regarding an adult male selling credit cards in the parking lot. Eric Anthony Johnson was arrested for drug related charges. 12/12 Tuesday (62) No Significant Activity 12/13 Wednesday (89) 0052 hours- Deputy Kim responded to a battery in the 53900 block of Avenida Navarro. He arrested Cameron Dean Moore for battery and criminal threats. Moore was booked into the Indio Jail. 1145 hours — Members of the La Quinta Special Enforcement team arrested Vince Zendejas following a vehicle stop at Hwy 111 and Jefferson St. The investigation and subsequent vehicle search revealed that Zendejas had concealed suspected methamphetamine in close proximity of his three year child. The mother of the child responded and took custody. Report to be filed with CPS. 1530 His. — Deputy Ervin investigated a child annoyance in the area of Avenida Velasco and Calle Nogales (school bus stop). Three children were walking home from the bus stop when a Hispanic male adult followed the children along the roadway edge. The suspect allegedly called out for the trio to come with the suspect. The children ran from the area and reported the incident to their parents. 12/14 Thursday (71) 0230 hours- Dep. Kim arrested Rami Zinnekah for felony spousal abuse in the 43800 block of Bordeaux Drive. Zinnekah assaulted his wife after an argument. i' _. 451 13.20 Hours — Deputy Gaunt arrested Jose Franco Orozco for a felony stolen vehicle warrant during a veldcle ;stop at Eisenhower and San Vicente. 1730 hours- SET Team deputies conducted a follow up investigation reference at commercial burglary at the Target store. Laura Green and Gregory Loiacano were arrested in the 600 block of South Riverside Dr. in (Palm Springs. Loiacano was arrested for commercial burglary and a felony drug warrant and Green was arrested for a parole violation. Stolen property from the commercial burglary at Target was located at the home. 2028 hours- Dep. Bawdon arrested Eric Martinez for driving under the influence at Ave. 48 and Washington St. in La Quinta. Martinez was booked at the jail and his vehicle was towed. 2100 hours- Dep. S. Hughes investigated a multi vehicle, non -injury traffic collision at Ave. 58 and Madison. Audrey Marie Lavalle, was found to be at fault and also driving under the influence. She was arrested and transported to the Indio Station for a blood draw. During her contact with officers, Lavalle kicked one of the deputies. Lavalle was booked for driving under the influence and misdemeanor assault on a police officer. The deputy was not injured during the assault. 12/15 Friday (83) 0030 hours- Dep. Kim investigated a report of a carjacking in the Target store parking lot. An unknown suspect brandished a weapon and ordered the victim, Clifford Torvick, to get out of his vehicle. The suspect fled in Torvick's vehicle traveling west through the parking lot. 0237 hours- Deputies responded to the 51700 block of Ave. Ramirez reference a domestic dispute. Claudio Nunez Pimentel left the residence prior to the arrival of deputies. Pimentel later returned to the residence driving Ids vehicle. Further investigation determined that Pimentel was driving under the influence and had two misdemeanor warrants. 1900 hours- Dep. Amezcua conducted a follow up investigation reference a vehicle burglary that had occurred in the 51400 block of Ave. Ramirez on 12/14/06. IPD contacted Jose De Jesus Gomez in the 81200 block of Daffodil Ct. in Indio reference a GPS hit on the victim's stolen cell phone. The burglary victim's stolen Blackberry was found in Gomez's vehicle. Dep. Amezcua subsequently arrested Gomez for possession of stolen property. 12/16 Saturday (77) Deputies Bawdon and Adams conducted special enforcement on street racers. They cited four drivers and towed two cars. Two of the cars were sent to the Bureau of Automotive Repair for inspection reference illegally modified vehicles. 12/17 Sunday (61) 1835 hours- Deputy Chancellor arrested Amanda Shook for commercial burglary at Marshall's. Shook was booked into the Indio Jail. 12/18 Monday 52 No Significant Activity 12/19 Tuesday 6 1805 hours- Deputy Reynolds investigated a purse snatch robbery that occurred in the Target parking lot. The suspect approached the victim from behind, stole her purse, and fled on foot. There were no weapons seen, and the victim was not injured. Deputies checked the area, but were unable to locate the suspect. According to store security, there was no surveillance video of the incident. v- 452 12120 Wednesday (61) 1700 hours — Deputy Hughes responded to Wal-Mart and arrested Elsa Aguilar for taking cash from the cash registers and gift cards. He also found methamphetamine on her person. She was arrested and booked into the Indio jail. 2239 hours- Deputy Bawdon arrested George Gonzalez for slapping and pushing Mercy Escobar. He admitted to slapping her and he still had blood on both of his hands when contacted. 12/21 Thursday (86) 1400 Hrs. — Members of the La Quinta Business District Unit and the La Quinta Special Enforcement Team responded to the 800 block of Riverside Pl. in Palm Springs to conduct a follow-up to a theft that occurred. at the Target Store in La Quinta on 120606. During the follow-up they arrested Jess Marlow for Petty Theft with Priors and Committing a Felony While on Release. 2013 hours- Sgt. Munoz, while working the 111 corridor, arrested Cah Than Le, for shoplifting at Mervyns in La Quanta. 12/22 Friday (72) 1201 hours — Deputies Ervin and Sasser responded to a burglary in progress in the 77000 block of Avenida Fernando. Oscar Requeno was arrested for burglary and possession of stolen property after he was found inside the location without permission. Requeno was booked into the Indio Jail. 1410 hours — Sgt. Munoz arrested Johnny Delgado at the La Quinta Kohl's for commercial burglary. Delgado was booked into the Indio Jail. 1600 hours — Member of the La Quinta Special Enforcement Team and 914 CAT arrested Joel Escalera and Julio Anaya following a vehicle check near the Carl's Jr. parking lot. Anaya was arrested for possession of methamphetamine, a burglary warrant and a grand theft warrant. Escalera was arrested for drug related charges and Violation of Probation. Both subjects were booked into the Indio Jail. 2000 horns- Dep. Hendry investigated a report of an act of arson in the 43800 block of Galaxy Dr. involving a Toyota Camry. The vehicle sustained moderate damage. Investigation determined that Renee Bodine is currently involved in a domestic dispute with Richard Perez. It was stated that Perez had earlier threatened to harm Bodine, her family and to bum their house. Dep. Hendry determined that Perez had assaulted Bodine earlier in the day and he arrested Perez for felony spousal abuse and criminal threats. Perez denied involvement in the arson and was booked for the two felony counts. The arson is still being investigated. 2100 hours — Deputy Gaunt conducted a vehicle stop at Tampico c/o Desert Club. and the driver was arrested for driving without a valid license. Jason Calvert, a passenger in the vehicle was angered that his friend was arrested and confronted Deputy Gaunt. Calvert refused orders to stop interfering with the investigation and had to be physically restrained. Calvert sustained a cut lip and paramedics treated Calvert's injury at the scene. He was arrested for interfering with the investigation and booked at the Indio Jail. 2200 hours — Deputy Adams conducted a vehicle stop at Calle Hildago c/o Avenida Bermudas. The driver, Kerstin Anderson, was arrested for driving under the influence of alcohol (.18 BAC) and booked at the Indio Jail. 12/23 Saturday (57) 0242 hours- Deputy Goeken attempted to stop a vehicle but the juvenile driver failed to yield. The juvenile led Dep. Goeken on a short, slow speed pursuit and finally yielded at Calle Monterey and Ave. 4`0 Navarro. The juvenile was arrested for driving under the influence.09%) and misdemeanor evading. The vehicle was stored and the juvenile was booked at the Indio Juvenile Hall. 12/24 Sunda 48 0200 hours- Deputy Kim located a vehicle stopped and facing the wrong way in the #2 lane of WB Miles Avenue, just east of Washington Street. Investigation revealed that Nicholas Beal Cheney was driving NB on Washington and attempted to turn right (EB) on Miles Avenue. Cheney was unable to make the turn and crashed into the center median and came to rest facing EB in the WB lanes of traffic. Cheney was arrested for driving under the influence (.15% BAC) and booked into the Indio Jail. 12125 Monde 48 1900 hours- Deputy Bonaddio responded to an unattended death in the 79100 block of Indigo Drive. Nicholas O. Van Beek had been found deceased in his bed. There were no signs of foul play. 12/26 Tuesday (49) 0930 hours — La Quinta Set team members arrested Abel Castillo following a consensual contact behind Radio Active. Castillo was found to have an outstanding warrant. Castillo was booked into the jail. 0940 hours — La Quinta Set team members arrested Mario Roger Cabrera following a consensual contact at Hwy 111 x La Quinta Dr. in La Quinta. During a consensual search, deputies located roof keys belonging to the 99 cent store in Cabrera's possession. He was arrested for misappropriation of property and for violation of probation. Cabrera was booked into the Indio jail. 1315 hours — La Quinta Set team members, while on bicycle patrol, arrested Jonathon Zazueta for burglary at the La Quinta Target Store. Zazueta entered the store with the intent to remove video games from the store. Zazueta was seen by Target security personnel who notified bike patrol deputies. Deputies located (3) video games and Zazueta admitted the theft. The property was recovered and Zazueta was booked into the Indic jail. 1310 hours — La Quinta Set team members arrested Theodore Ojeda Palomares for an outstanding warrant. Dgruties made contact with Palomares because he had been arguing with his wife in front of the Super Wal-Mart Store in La Quinta. 144 9 hours — La Quinta Set team members conducted a pedestrian check at Simon Dr. and Hwy 111. Gilberto Perez attempted to strike Deputy Alexander and had to be forcibly restrained. Perez was cleared at the scene by AMR, taken to JFK hospital for an "Okay" to book and booked into Indio jail for assault on an officer. No injuries were suffered by Perez or La Quinta Set team members. 1830 hours —Deputy Reynolds responded to a report of a theft at the Target Store. The juvenile suspects were gone when he arrived. Further investigation by Dep. Reynolds led to an address in Indio where he located the suspects and recovered the stolen the property. The case will be filed out of custody via juvenile petition. 12/27 Wednesday (71) 1445 hours — Deputy Ervin arrested a male juvenile for commercial burglary. The juvenile had been caught taking items from the La Quinta Wal-Mart and the La Quinta Target without paying. He was booked into the Indio Juvenile Hall. 12/28 Thursday (67) 1100 hours- Deputy Martinez investigated a report of a strong-arm robbery of a nine year old in the area of Ave. Ramirez and Calle Arroba in La Quinta. The suspect approached the victim and grabbed a cell phone 454 from hei hand. The victim was not injured during the robbery. Dep. Martinez developed suspect leads, based on the description provided by the victim and a witness, and a male juvenile was identified during a photographic line up. Deputy Martinez located the suspect in the La Quinta Downtown area and arrested him for the robbery. Deputy Martinez and Indio Station Investigations served a search warrant at the suspect's residence and the stolen cell phone was recovered. The juvenile suspect was booked at Indio Juvenile Hall. 2050 horns -Deputies Vanderhoof and Taylor conducted a traffic stop at SR111 c/o Jefferson. Adam Owen was arrested for a felony no -bail warrant and booked at the Indio Jail. 12/29 Friday 7 0115 horns — Deputy Bawdon responded to the 52000 block of Avenida Juarez reference a disturbance. Andres Montemayor was arrested for public intoxication and booked at the Indio Jail. 0220 hours — Deputies Vanderhoof and Taylor conducted a traffic stop in the area of Auto Center Drive c/o Auto Center Way in La Quints. The driver, Chris Sally, was arrested for driving under the influence of alcohol. Sally refused to perform field sobriety tests. 232,9 hours- Dep. Trower responded to a call of a possible DUI driver in the area of Highway 111 near Jefferson Street. Air support also responded and the vehicle was located in the city of Palm Desert. Deputies from the Pahn Desert station responded to assist and the vehicle was later located in the 74400 block of Parocella in Palm Desert. The driver, Catharine Thomas, was contacted and arrested for driving under the influence. 12/30 Saturdav I45 1150 hours — Deputy Russell responded to the 53600 block of Avenida Velasco regarding a domestic violence incident. Randy Bojorquez assaulted his girlfriend and then fled the area prior to the arrival of deputies. Deputy Russell prepared a probable cause statement for felony domestic violence and when the subject is located he is to be taken into custody. 12/31 Sunda 7 0621 hours- Deputy Nieburger responded to the 52800 block of Avenida Rubio regarding a report of an intoxicated person sleeping on the front lawn of a residence. Deputy Nieburger arrived and the subject became confrontational and physical with her. Deputy Nieburger used pepper stray on the subject, identified as Kyle Cowan, twice with no effect. After repeated baton strikes she was able to subdue him. CDF responded for medical aid for Cowan and he was taken to JFK hospital for an "Okay" to book. He was booked at Indio jail. Deputy Nieburger received minor injuries but did not required medical attention. 2300 His. — Deputy Gaunt conducted a vehicle enforcement stop on Simon Drive and Hwy 111. His traffic investigation determined the driver, Miguel Teluapacho, was driving while impaired by alcohol (.INN 1 BAC). The driver was arrested and booked at the Indio jail. Total: 2,087 Calls for Service CITY OF LA QUINTA Traffic Enforcement Team Report December 2006 Corp. Dave Adams Dep. Michael Gaunt Dep. Manny Alvarado Type of Activity Number of Incidents Speed Violations 45 Fail to Yield 1 Turning Violations g Calls for Service & B/U's 26 Red light 30 Stop Sin 5 Lane Change Violation 1 Seat Belt Violations 8 Child Seat Violations 3 DUI Arrests 2 Misdemeanor Arrest 8 Felony Arrest 40 Warnings 11 Tows 13 Injury T/C 3 Non -injury T/C 21 Suspended DL 16 Non -Moving 11 Total Citations 132 As the result of personnel changes, promotions and transfers there are currently three positions vacant on the Traffic Enforcement Team. U �50 Deputy Ismael Celaya Deputy Jason Mc Fadden Deputy Paul Harter Deputy Randy Wedertz Sgt. Matt Jimenez CITY OF LA QUINTA Special Enforcement Team December 2006 Summary of Activitv Type of Activity # of IncidentsI Type of Activity # of Incidents Pedestrian Checks 30 Bicycle Patrol 200 Hours Parole Searches 10 Arrests/Filings 22 Vehicle Checks 25 Arrest Warrants Served 9 5 Crime Prevention Pro rams 6 rFollps Issued 17 Parole Searches 10 SIGNIFICANT ACTIVITY 1. L.a Quinta Special Enforcement Team deputies were afforded the honor of providing security at the Rancho Mirage residence of President and Mrs. Ford following his recent passing. Special Enforcement Team deputies were honored to serve in this capacity. 2. L.a Quinta Special Enforcement Team deputies, working closely with the Business District deputy, conducted multiple special programs within the SR 111 business corridor and the Old Town La Quinta business complex. Extensive bicycle patrols, the use of a decoy/bait car and warrant sweeps were designed to combat theft related crimes in these areas throughout the holiday season. 3. L.a Quinta Special Enforcement Team deputies provided supplemental patrol coverage throughout the city during New Year's Eve and the related activities. J7 Deputy Eric Speir La Ouinta High School CITY OF LA QUINTA School Resource Officer Report December 2006 Summary of Activitv Type of Activity Number of Incidents Criminal Reports 1 Non -Criminal Incidents 0 Arrests 0 District AttorneyFilings 4 Traffic Stops 0 Y.A.T. Referral 4 Vehicle Checks 0 Pedestrian Checks 0 Truancy 9 1. Students were out of school from December 18 through January 2 for the annual winter vacation. 2. 1 conducted an investigation which led to the recovery of prescription medications that were being sold on campus. Four students were identified and arrested as the result of the investigation. One student was selling his own prescription medications to the other three students. Those three were charged with possessing medication without a prescription. Due to the fact that his prescription was no longer current, the seller was charged with possession for sales. 458 Deputy Kevin Moore La Quinta MS Paige MS Truman ES Adams ES Franklin ES CITY OF LA QUINTA School Resource Officer Report December 2006 Summary of Activity Type of Activity Number of Incidents Reports 5 Arrests 0 Traffic Stops 2 Business Checks 3 Y.A.T. Referral 7 Vehicle Checks 1 Pedestrian Checks 2 Citations 1 1. 1 attended the "Safe School Conference" in Las Vegas, Nevada. Conference seminars addressed past school shootings and lessons learned from them, training in the National Incident Management System (NIMS) and response procedures for suspicious packages and/or explosive devices. Prior to the holiday break, I conducted alcohol and drug awareness classes for all physical ication classes for both Col. Mitchell Paige and La Quinta Middle School. 3. 1 am encouraging students to use the Valley Crime Stoppers tip line, (341-stop), to report criminal activity at the two middle schools. Two tips have been received thus far and have resulted in the identification of two students involved in the selling of marijuana on one of the middle school campuses. Valley Crime Stoppers has also provided $10.00 gift cards that I use to reward students who provide information directly to me. I have been working with Desert Sands Unified School District maintenance personnel to Iress improved campus security by installing additional barriers to prevent unauthorized ;ass to the campus. 459 CITY OF LA QUINTA Business District Deputy Report December 2006 Deputy Marlayna Covington summary Or ACUVI [ Type of Activity Number Business Management Contacts 50 Training Classes and Hours 6 Suspects Arrested I Charged 22 SIGNIFICANT ACTIVITY During the busy holiday shopping season I oversaw multiple proactive crime prevention programs that focused on the business community. Working in partnership with Special Enforcement Team deputies we conducted approximately 200 hours of bicycle patrol, search warrant sweeps, used a very successful 'BAIT' car, randomly placed "decoy" police vehicles in front of various businesses, and coordinated supplemental police patrols throughout the business community. I had the personal honor of helping to coordinate and participate in the first "Blue Light Ceremony' held in La Quinta. This annual ceremony is held statewide in tribute to the officers who have made the ultimate sacrifice in behalf of those whom they served. I was furthered honored to serve with Special Enforcement Team deputies to provide security at the Rancho Mirage residence of President and Mrs. Ford following his passing. On two separate occasions I worked closely with the Palm Springs Police Department to coordinate the arrest of suspects who were wanted for crimes committed in La Quinta. Special Enforcement Team deputies accompanied me as we traveled to Palm Springs to locate and arrests each subject and to recover property that had been stolen. I believe that these two arrests will send a message to criminals that no matter where you live or hide the Business District unit will find you. 4SO CITY OF LA QUINTA Community Service Officer Report December 2006 C.S.O. Monica Santillanes C.S.O. Thomas Fowler Summa of Activit Type of Activity Number of Incidents Bur lary Investigations 5 Grand Theft Reports 5 PettyTheft Reports 4 Vandalism/Malicious Mischief Reports 5 Traffic Collision Response 13 Vehicle Code or Parking Citations 24 Abandoned Vehicles Tagged/WarningTaggedANarning 4 Towed Vehicles 8 Lost or Found Property Reports 2 Stolen Vehicle Report 1 Lost / Found Property Report 1 Custodial/Non-Custodial Transports 6 Miscellaneous Calls 3 C.S.O. Lisa Land is currently in the final stages of her training period - t [� and will soon be on full time patrol assignment throughout the city. U w 61 CITY OF LA QUINTA .,.,mmunity Programs Coordinator Report December 2006 Thomas Fowler Community Service Officer II Summary of Activitv Type of Activity Number Crime Prevention Articles and Reports 6 Community Programs 1 Community Meetings Attended 4 C.P.T.E.D.Inspections 1 Neighborhood Watch Informational Meeting 1 Patrol Duties 20 hours 2006 Christmas Toy Drive Beginning in late November and continuing throughout the month of cember officers of the La Quinta Police Department and supporting ff collected, sorted and coordinated the distribution of toys to needy dren throughout the Coachella Valley. Demonstrating an amazing spirit of sharing and generosity the citizens of our community donated cash, food, blankets and an estimated 1,300 new toys. One young boy, after receiving his Christmas toys, turned to his mother and was heard to say, 'The police are good" The citizens of our community are to be commended for their spirit of -ing and concern for others. 462 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report December 2006 Summary of Activity Communi Policing Office Number Citizens On Patrol Number MonthlyVolunteer Hours 212 Community Events 1 Flours YTD 2,646 Business Checks 37 Hours 4/03 to Present 11,024 Vacation Checks 1 CPO MonthlyVisits 134 Courtesy Warnin s & CPO YTD Visits 1,405 Crime Prev. Notifications 17 CPO 4/03 to Present 7,566 Public Assists 2 Patrol Hours 57.5 YTD Patrol Hours 386 2006 HIGHLIGHTS 1. An average of twenty-two volunteers per month assured full staffing of the Community Policing Office. Volunteers continue to assist with data input, answer citizen questions, take lost and found property reports and assist with traffic collision counter reports. 2:. Nine volunteers completed the required training to qualify as members of the Citizen's On Patrol program and the first patrols began in July. 3. The Citizen's On Patrol Vehicle received third place recogniton in the "Best of Show" judging at the National Associaton of Citizen's on Patrol Convention in October. 4. The Palm Desert Chamber of Commerce recognized the Citizen's on Patrol program as the Volunteer Program of the Year during their November Public Safety Awards luncheon. 5. Numerous volunteers participated in the collection, sorting and distribution of toys r - 463 during the annual Christmas toy drive. CITY OF LA QUINTA Post 503 Explorer Report December 2006 Corporal Andy Gerrard December training focused on the following areas: hostage negotiations, search warrants, buildiing searches, hostage rescues with practical scenarios for each topic covered. Sgt. Hignight, Corp. Black, Dep. Hernandez and Dep. Bautista assisted in the training activities. Post 503 members "logged" a combined total of 442 volunteer hours of community service during the month of December. During 2006, Post 503 Explorers completed 2,911 volunteer hours of community service. GREAT JOBI Explorers for exceptional community service. Post 503 members continue preparing for their attendance, participation and competition at the Explorer Tactical Competition, January 12-14, in Chandler, Arizona. Post 503 meetings are held on Wednesday evenings from 5:00 p.m. until 7:30 p.m. and are held at the Indio station of the Riverside County Sheriffs Office. For additional information, contact Corp. Andy Gerrard at 760-863-8990. LA Ui TA P@LICI Served byihe Riverside County Sheriffs Department Crime Statistics Summary November -- 2006 Prepared for �:. 465 V.TZ7 A 9 10 11 12 13 TRAFI=IC CITY OF LA QUINTA Crime Comparison -- November CRIME November November YTD 2006 YTD 2005 2006 2005 AGGRAVATED ASSAULTS 6 9 49 70 BURGLARY 56 55 667 745 BURGLARY - VEHICLE 20 48 292 472 DOMESTIC VIOLENCE 12 22 155 158 HOMICIDE 0 0 1 0 NARCOTICS VIOLATIONS 31 19 261 155 ROBBERY 6 1 35 25 ROBBERY -CAR JACKING 1 0 2 3 SEX CRIME FELONY 3 6 31 41 SEX CRIME MISDEMEANOR 3 3 20 21 SIMPLE ASSAULTS 16 22 174 205 THEFT 109 121 1192 1151 VEHICLE THEFT 7 12 205 175 TRAFFIC CITATIONS 238 646 3979 3922 T/C NON -INJURY 69 43 630 443 DUI 16 18 210 169 TIC INJURY 9 11 118 89 T/C FATAL 1 0 2 2 CITY OF LA QUINTA DISPATCH INFORMATION NOVEMBER 2006** NUMBER OF TYPE OF CALL RESPONSE TIME MINUTES INCIDENTS EMERGENCY 3.22 4 ROUTINE 11.06 1282 ** Data from Riverside Co. Sheriff's Department Data Warehouse, Average Response Time Report. 466 CITY OF LA QUINTA Novenber 2006 C= Distnbution 120 109 100 80 56 60 40 20 16 20 6 0Ll 0- 9n C Sg O �D O O tank y tiN m m >j mN n m fD]� p� mX Y A m z A < mam m ,>.� j m m n ,� m D Crime Distribution Table Oct-06 % of Total Oct-05 % of Total 1 AGGRAVATED ASSAULTS 6 2.22% 9 2.83% 2 BURGLARY 56 20.74% 55 17.30% 3 BURGLARY -VEHICLE 20 7.41% 48 15.09% 4 DOMESTIC VIOLENCE 12 4.44% 22 6.92% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 31 11.48% 19 5.97% 7 ROBBERY 6 2.22% 1 0.31% 8 ROBBERY - CAR JACKING 1 0.37% 0 0.00% 9 SEX CRIME FELONY 3 1.11% 6 1.89% 10 SEX CRIME MISDEMEANOR 3 1.11% 3 0.94% 11 SIMPLE ASSAULTS 16 5.93% 22 6.92% 12 THEFT 109 40.37% 121 38.05% 13 VEHICLE THEFT 7 2.59% 12 3.77% Total 270 97.78% 318 97.17% Month to Month Crime Comparison - November o November 2006 n Noxember 2005 1,10 120 100 30 5655 GO49 30 2 12 19 16 20 0 0 yn a <o 0 o a o az �� yy x ee 1400 1200 IWO sow 610 400 200 0 Year to Date Crime Comparison • November =YTD YID 745 261 e ej z G� 's] U 468 Month to Month Traffic Activity Comparison - November ® No ember 2006 No November 2005 700 600 500 400 300 200 100 16 18 9 11 I 0 0 TRAFFIC TIC NON -INJURY DUI T/C INJURY T/C FATAL CITATIONS Year to Date Traffic Activity Comparison - November ® YTD Zoos a YTD 2005 5000 4000 3000 2000 1000 0 TRAFFIC TIC NON -INJURY DUI TIC INJURY T/C FATAL CITATIONS i � d GC 469 Month to Month Calls for Service Comparison November 2006 3000 2500 5 2429 225 2000 C3 06-Nov No! 1500 IzUb 1351 ED 05-NOV 1078 969 1000 500 0 Total Non -Criminal Criminal Year to Date Calls for Service Comparison 25000 - 29450 23151 20000 15000 14W7 a YTD 20061 m YTD 2005 10000 ya OOCK 5000 0- Total Non -Criminal Criminal I I - U 470 T,mY oFfWQuG'fa COUNCIL/RDA MEETING DATE: January 16, 2006 ITEM TITLE:_ Public Hearing to Consider Adoption of an Ordinance of the City Council Amending La Quinta Municipal Code Chapter 9, Sections 9.20.030 and 9.50.030 Table 9-2 to Cross -Reference Existing Special Zoning Symbols in the Residential Development Standards and to Establish Their Identification on the Official Zoning Map RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Take up Ordinance Number _, by title and number only and waive further reading. Introduce Ordinance No. on first reading amending Sections 9.20.030 and 9.50.030 Table 9-2. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW Section 9.20.030 of the City's Municipal Code enables the use of special zoning symbols, a tool which allows for an alternative to any zoning district's particular development standards such as setbacks, lot sizes, frontage, and building height. Currently four different special zoning symbols are in use among six areas of the City. Special zoning symbols allow slightly different development standards from whichever underlying zone they are located in. As a result, development standards such as setbacks or building heights have been erroneously referenced. This has been due to a lack of awareness and a reliance on existing codified tables of development standards which do not identify the special zoning symbols. In addition, prior versions of the Zoning Map have been published lacking proper identification of the special zoning symbols. 47 1 The most common centralized reference point for residential development standards in the Zoning Ordinance is Table 9-2 of Section 9.50.030 (Attachment 1). This table identifies development standards such as setbacks, lot sizes, frontage, and building height. When used in conjunction with the Official Zoning Map, persons unfamiliar with the Zoning Code can quickly identify their property development standards. The purpose of these proposed Amendments to the Zoning Ordinance is to codify a reference to the existing special zoning symbols within Table 9-2 of Section 9.50.030 and to mandate their identification on the Zoning Map. By citing the existing special zoning symbols within this table and codifying for their identification on the Official Zoning Map (Attachment 2), staff anticipates fewer errors and greater recognition of the existing special zoning symbols. These amendments will not result in any changes to any development standard and will not affect any existing procedures or policies. Planning Commission Hearing The Planning Commission considered the Zone Text Amendment at its meeting of November 28, 2006 in conjunction with a similar rezoning case revolving around a misinterpretation of a special zoning symbol. That case, in which the Commission directed staff to prepare a resolution recommending rezoning a portion of the City from Medium Density Residential 17/1 to Residential Cove, was taken off calendar and will return to the Planning Commission for further consideration upon completion of the Environmental Assessment. The Commission agreed with staff's recommendation that the proposed text amendment would help reduce errors and provide greater awareness of the special zoning symbols. No comments were presented by members of the public either for or against this cross-referencing of the existing special zoning symbols. The Commission voted 5-0 to recommend to the City Council approval of the Ordinance. FINDINGS AND ALTERNATIVES: Findings necessary to approve the Zone Text Amendment are included in the attached ordinance. The alternatives available to the City Council include: 1. Take up Ordinance Number _, by title and number only and waive further reading. Introduce Ordinance No. on first reading amending Sections 9.20.030 and 9.50.030 Table 9-2; or 2. Do not introduce the Ordinance; or 3. Provide staff with alternative direction. 47? Respectfully submitted, r4 Doug as . Evans Commiunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Section 9.50.030, Table 9-2 Residential Development Standards 2. Section 9.20.030 Special Zoning Symbols 473 ORDINANCE NO. A ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTERS 9.20.030 AND 9.50.030 TABLE 9-2, OF TITLE 9, "PLANNING," PERTAINING TO THE REFERENCING OF EXISTING SPECIAL ZONING SYMBOLS ZONING TEXT AMENDMENT 2006-085 WHEREAS, certain geographic areas within the City of La Quinta have a need for alternate development standards other than those set forth in the applicable sections of the Zoning Code because the normal standards may not be appropriate; and WHEREAS, Section 9.20.030 enables the City to establish alternate development standards for a particular geographic area other than those set forth for the zoning district covering the area by means of special zoning symbols; and WHEREAS, Section 9.50.030, Table 9-2, which identifies the residential development standards, is commonly used as a quick reference, but does not include references to the existing special zoning symbols used within the City of La Quinta; and WHEREAS, the City has determined there is a need to cross-reference the existing special zoning symbols within the residential development standards to provide clarity and consistency in the application of approved special symbols; and WHEREAS, the City has determined a need for a statutory reference regarding special zoning symbols between the Zoning Code and the Official Zoning Map of the City of La Quinta; and WHEREAS, the City Council has given careful consideration to the staff report and all of the information, evidence and testimony presented at a public hearing on the proposed Ordinance held on January 16, 2007; and WHEREAS, the passage of the proposed Ordinance is not a project because lit cross-references existing regulations and development standards already in effect, does not create, modify, or eliminate any existing regulations or development standards, and can be seen with certainty that it will have no effect on the environment. Therefore, the proposed Amendments are exempt from the provisions of the California Environmental Quality Act ("CEQA" ), and no further environmental review is necessary. C 474 Ordinance No. _ Zoning Text Amendment 2006-085 Adopted: ,January 16, 2007 Page 2 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.20.0301C.1 is added to the La Quinta Municipal Code to read as follows: CHAPTER 21.33 "C. Location of Zoning Districts Utilizing Special Symbols. Special symbol districts located within the City of La Quinta shall be clearly identified on the Official Zoning Map and referenced in Section 9.50.030, Table of Development Standards." SECTION 2. Section 9.50.030 Residential Development Standards Table 9-2 is amended to include existing special zoning symbols currently used within the City of La Quinta, as follows: Special Zoning Symbols Referenced on the Official Zoning Map Syrnbcl Description of Special Zoning Symbols Used as per Section 9.20.030 60-RM- 60 foot minimum lot frontage, Medium Density Residential zoning, 10,000 10,000 square foot minimum lot size, 17 foot maximum building 17/1 height at one story RL 10,000 Low Density Residential zoning, 10,000 square foot minimum lot size, 17/1 17 foot maximum building height at one story RM Medium Density Residential zoning, 17/1 17 foot maximum building height at one story RL Low Density Residential zoning, 17/1 17 foot maximum building height at one story SECTION 3. ENVIRONMENTAL. The Community Development Department has determined that the Amendments to the Municipal Code are exempt pursuant to Section 15061(b)(3) and Section 15268(a) of the Guidelines for Implementation of the California Environmental Quality Act. The Ordinance will have no effect on the environment in that the proposed modifications to the Zoning Code are cross - referential to existing codes and do not constitute any changes to existing regulations or land use. v 475 Ordinance No. _ Zoning Text Amendment 2006-085 Adopted: .January 16, 2007 Page 3 SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 6. All Ordinances or parts of Ordinances in conflict with the provisions of this Special Zoning Symbols Ordinance are hereby superseded by this Ordinance: to the extent they are inconsistent with this Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 8. PUBLICATION. The City Clerk is directed to publish this Ordinance; in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16t' day of January, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California u 476 Ordinance No. _ Zoning Text Amendment 2006-085 Adopted: .January 16, 2007 Page 4 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 477 ATTACHMENT1 Table 9-2 Residential Development Standards Development Standard District RVL RL RC RM RMH RH RSP RR Overlay Overlay Minimum lot size for 20,000 7200 7200 5000 3600 2000 * ** single-family dwellings (sq. ft.) Minimum project size n/a n/a n/a n/a 20,000 20,000 * n/a for multifamily projects (sq. ft.) Minimum lot frontage 100 60 60 50 40 n/a * ** for single-family dwellings (ft.)' Minimum frontage for n/a n/a n/a n/a 100 ]00 * n/a multifamily projects (ft.) Maximum structure 28 28 17 28 28 40 * ** height (fl.)' Maximum number of 2 2 1 2 2 3 * ** stories Minimum front yard 30 20 20 20 20 20 * RVL:40 setback (ft.)' Minimum garage n/a 25 25 25 25 25 * ** setback4 (ft.) Mntimum 10/20 5/10 5/10 5/10 5/10 10/15 * ** interior/extenor side yard setback (ft.)"' Minimurn rear yard 30 20 for 10 15 15 20 * * setback (ft.)' new lots and 10 for existing recorded lots Maximum lot coverage 40 • 50 60 60 60 60 (% of net lot area) Minimum livable area 2500 1400 1400 1400 1400 750 for * ** 0' excluding garage (sq. (multifamily: multifamily ft.) 750) Minimum common open n/a n/a n/a 30% 30% 30% 30% n/a area Minimum/average 10/20 10/20 n/a 10/20 10/20 10/20 10/20 n/a perimeter landscape setbacks (ft.)6 Special Zoning Symbols Referenced on the Official Zoning Map Symbol Description of Special Zoning Symbols Used as per Section 9.20.030 60-RM-110_.000 60 foot minimum lot frontage, Medium Density Residential zoning, 0- 10,000 square foot minimum lot size, 17 foot maximum building height at one story 17/I B10.000 L Low Density Residential zoning,10,000 square foot minimum lot size, 17 foot maximum building height at one story 17/1 RM Medium Density Residential zoning, 17 foot maximum building height at one story 17/1 Rlt Low Density Residential zoning, 17 foot maximum building height at one story 17/1 * As shown on the approved specific plan for the project. ** As provided in the underlying base district. Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be 15 feet. 2 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan -designated image corridor, except in the RC zone, which is 17 feet. 3 For non -garage portions of dwelling only. Also, projects with five or more adjacent single family dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. ° For all but RVL district, minimum garage setback shall be 20 feet if "roll -up" type garage door is used. Also, for side -entry type garages, the garage setback may be reduced to 20 feet in the RVL district and. 15 feet in all other residential districts. 5 The following are exceptions to the minimum side setbacks shown:" For interior side yards in the RL, RM and RMH districts, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17- foot building. For RH, five feet minimum plus one foot additional setback for every foot of building height above 213 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between five and ten feet from said side yard property line. For interior setbacks, if the building is over 28 feet in height the setback is ten feet plus one foot for every foot over 28 feet in height or fraction ( *7 g thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 6 Common open area and perimeter landscape requirements do not apply to single-family detached projects unless a specific plan is required. Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: first number equals minimum at any point; second number equals minimum average over entire frontage (thus, 10/20). See Section 9.60.240 and additional landscape/open area standards. Rear and side yard setbacks for residential units abutting the image corridor shall be a minimum of 25 feet with the exception of RVL zone district where it only applies to the side yard. �.� 430 ATTACHMENT 2 9.20.030 Special zoning symbols. A. Purpose. hi some cases, the city may determine that alternate development standards are required for a particular geographic area other than those set forth in applicable sections of this code with regard to minimum lot size, setbacks, lot frontage and maximum building height because the normal standards may not be appropriate for one or more of the following reasons: 1. Unusual topography or other natural features within the area. 2. The need to mitigate development impacts on vulnerable surrounding land uses. 3. The need to ensure adherence to a key general plan goal, objective or policy. 4. Other factors affecting the subject area not generally prevalent in the city. B. Use of Special Symbols. The city may establish alternate development standards for a particular geographic area than those set forth for the zoning district covering the area by means of special zoning symbols. Such alternate development standards shall supersede those in Chapters 9.50, 9.65, 9.90 and 9.130 and shall be specified by means of one or more of the following symbols on the official zoning reap: 1. Lot Size. A number following the district designation and connected by a hyphen shall designate the minimum lot size. Where the number is greater than one hundred, it shall indicate the minimum size in square feet; where the number is less than one hundred, it shall indicate the minimum size in acres. Example: RM-500 or RL-2 ! Setbacks. A number following the district designation and enclosed by parentheses shall designate the minimum setbacks in feet. Within the parentheses, setbacks shall be separated by a slash (/) and shall be shown in the following order: front/side/rear. ]Example: RM (20/5/25) 3. Height and Number of Stories. A number shown below and separated by a line from the district designation shall designate the maximum height of building or structures in feet and the maximum number of stories. Height shall be given first followed by a "/" and number of stories. RM Example: 28/2 4. Lot Frontage. A number preceding and connected to the district designation by a hyphen shall designate the minimum lot frontage in feet. U 481 Example: 100-RL 5. Symbols Combined. The preceding symbols may be used in any combination to show minimum lot size, setbacks, frontage, and maximum height. Example: 100-RL-2 (20/5/25) 28/2 C. Location of Zoning Districts Utilizing Special Symbols. Special symbol districts located within the City of La Quinta shall be clearly identified on the Official Zoning Map and referenced in Section 9.50.030, Table of Development Standards. (Ord. 284 § 1 (Exh. A) (part), 1996) GC 432 F y J �'y�• bRc�M o�ws COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE_ Public Hearing on the Appeal of Reimbursement Amount for Traffic Signal Improvements at Washington Street and Simon Drive by PH Ranch, LLC RECOMMENDATION: As deemed appropriate by City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _//jj PUBLIC HEARING: 4L Per previous Council action, the City agreed to pay fifty percent (50%) of the cost to design and construct the traffic signal at the intersection of Simon Drive and Washington Street. The Developer Impact Fee (DIF) budget for this work is $345,000 which establishes a maximum reimbursement amount of $172,500. The developer at Point Happy Ranch Residential Estates, Madison Development LLC, supplied invoices to the City in the amount of $591,150.43, half of which the developer believes is owed under the before mentioned Council action. Staff has reviewed the request and recommends that no more than $315,394.33 of the improvements should be considered part of the traffic signal design and construction, which corresponds to a maximum reimbursement of $157,697.17. In good faith, the City reimbursed the developer in the amount of $172,500.00. If City Council upholds this appeal, an appropriation of an additional $123,075.22 would be necessary to pay the developer. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 16, 2004, Madison Development LLC received tentative map approval for Tract Map No. 31348. As part of the approval, street and traffic improvements were required on Washington Street, Simon Drive, and Singing Palms Drive in order to C 433 facilitate access to the development project. Condition #55 of the conditions of approval of the tentative map (Attachment 1) required the developer to construct a signal at the intersection of Washington Street and Simon Drive, and to safely integrate: those improvements with the existing improvements. Additionally, the developer was required to construct a westerly extension of Simon Drive and a cross connection to Singing Palms Drive in order to safely connect the development to Washington Street. The developer was responsible for fifty percent (50%) of the design and installation of the signal and associated signal coordination interconnect as a condition of development. The remaining contribution was to come from the then undeveloped southeast corner of the intersection and the City. On May 18, 2004, the City Council approved the request by the developer of the Trader Joe's project to be released from paying for twenty-five percent (25%) of the traffic signal at Simon Drive and Washington Street. The City then became obligated for fifty percent (50%) of the cost of the design and construction of the traffic signal. On January 12, 2005, the developer entered into a subdivision improvement agreement (SIA) as part of the final map approval which required the developer to complete construction of off-site/on-site improvements and to bond for the same. The subdivision improvement agreement also required the developer to bond for fifty percent (50%) of the traffic signal improvements for Simon Drive and Washington Street and for the City to pay for fifty percent (50%) of the traffic signal improvements. On August 23, 2006, Madison Development LLC submitted an invoice in the amount of $591,150.43 for various improvements to the frontage of the Point Happy Development (Attachment 2). Staff reviewed the costs and believes that $315,394.33 is the maximum amount attributable to the traffic signal design and construction. A breakdown of this cost will be provided at the public hearing. The balance of the costs appear to be for other frontage improvements necessary for the project entrance which would not be subject to reimbursement. On August 23, 2006, the City paid Madison Development LLC the maximum amount of reimbursement allowed under the Developer Impact Fee (DIF) program of $172,500. The developer appealed the reimbursement amount to Public Works and the City Manager, and both requests were denied (Attachments 3 and 4). On December 14, 2006, the City received an Application for Appeal of Findings and/or Conditions (Attachment 5). In accordance with Section 2.04.100 of the Municipal Code, this public hearing was set to hear this appeal. 484 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Deny the appeal of Madison Development LLC for an additional $123,075.22 reimbursement for the design and construction of the traffic signal at Simon Drive and Washington Street; or 2. Uphold the appeal of Madison Development LLC for an additional $123,075.22 reimbursement for the design and construction of the traffic signal at Simon Drive and Washington Street and appropriate $123,075.22 from the General Fund or other fund as deemed appropriate; or 3. Provide staff with alternative direction. Respectfully submitted, ,.1Nvl TT'mothy R. Jo ass n P.E. Public Works irec r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Condition 55 of TTM No. 31348 2. Reimbursement Request from Madison Development 3. Public Works denial letter of 1 1 /27/06 4. City Manager denial letter of 12/8/06 5. Appeal Application from PH Ranch LLC Attachment 1 Resolution No. 2004-035 Conditions of Approval - Final Tentative Tract Map 31348 - Madison Development, LLC March 16, 2004 Page 14 final development CC&Rs for meeting these potential obligations. UTILITIES 50. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 51. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 53. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. /STREET_AND TRAFFIC IMPROVEMENTS 54. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 55. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (Major Augmented Arterial; 132' R/W): U , J, 486 Resolution No. 2004-035 Conditions of Approval - Final Tentative Tract Map 31348 - Madison Development, LLC March 16, 2004 Page 15 No additional widening on the west side of the street along all frontage adjacent to the Tentative Map boundary is required except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane serving the westerly extension of Simon Drive. The west curb face shall be located sixty feet (60') west of the centerline and shall accommodate a 12-foot wide by 200-foot long deceleration lane, plus taper. Other required improvements in the Washington Street right of way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 2 Design and install a traffic signal at the intersection of. Washington Street and Simon Drive. The new signal shall be hard wire interconnected to the Washington Street signals at Highway 111 and at Highland Palms. The applicant shall be responsible for 50% of the cost to design and install the signal and associated signal coordination interconnect. _; 487 Resolution No. 2004-035 Conditions of Approval - Final Tentative Tract Map 31348 - Madison Development, LLC March 16, 2004 Page 16 3) Construct the westerly extension of Simon Drive and a 24-foot wide emergency cross -connection road to Singing Palms Drive as generally depicted by the Option 2 access concept pursuant to specific configuration requirements of the City Engineer that become known during project design. The applicant shall also install other improvements as necessary to implement the Option 2 access concept including but limited to: a) sound attenuation wall along Singing Palms Drive and crossing over to the tract perimeter wall for this tentative map, b) access driveway to property on south side of Singing Palms Drive, c) access route from the emergency cross -connection road to the Washington Street frontage road including a key - controlled electrically operated access vehicle gate for emergency and waste service vehicles. d) emergency vehicle gate across the emergency cross - connection road e) pedestrian access way serving pedestrians and bicycles from Singing Palms Drive and the Washington Street frontage road. B. PRIVATE STREETS 1) Lot B and C - Construct full 36-foot wide travel width improvements within a 37-foot right-of-way where the residential streets are double loaded, except at the entry drive areas. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb using a smooth curve instead of angular lines similar to the layout shown on the rough grading plan. 488 August 23, 2006 Mr. Tim Jonasson City Engineer, Public Works Director City of La Quinta Public Works Department Po Box 1504 La Quinta, CA 92247 DEVELOPMENT ATTACHMENT Re: Signal Installation at Simon Drive and Point Happy Way, La Quinta, CA Dear Mr. Jonasson, Enclosed please find an accounting of all work done at The Estates at Point Happy Ranch, Map . #31348 facilitating the signalization of Simon Drive and Point Happy Way as mandated by the City Council of La Quinta, California. Category I consists of the removal and replacement of all curbs, gutters, medians, stamped concrete, etc to clear the opening of the intersection. Category I:1 represents all permits, both City and Caltrans, necessary for construction. Category III consists of all asphalt work in the inner lanes only to facilitate the intersection. Category IV lists landscaping work for the median and the replacement of irrigation lines installed incorrectly by the City's original landscape contractor. Category V represents costs associated with the signal design. Category VI represents the bond premiums paid to assure the City the signal and all that related items would be installed properly per city specifications. Category VII represents the underground boring, wire -pulls, meter, handicap approach and all hardware and labor associated with installing the traffic signal. Our total cost to date is $591,150.43. As per our agreement, the City is responsible for paying one half of the costs, which comes to $295,575.21. 39 78-370 Highway 111 . Suite 200 . La Quinta, California 92253 . 760.771.1755 . Fax 760.771.0202 Page 2 We would appreciate your remittance as soon as possible. Please feel free to contact me at 760- 771-1755 ext 18 if you need further information or have questions. Managing Member PHRanch, LLC cc: Tom Mann Michael Shovlin Kathy Jensen City Attorney Mr. Thomas Genovese City Manager Mr. Michael O'Connor Asst. City Manager 490 4 PM Point Happy Ranch Obr_2106 Traffic Signal Costs All Transactions Amount Date Invoice Num Memo I. Archuleta Concrete Construction Co, Sawcul and Remove Paving 44,765.00 10/24/2005 749-01C 26,550.00 10/24/2005 749-01C Remove Existing Curb 16,.0 10/2412005 749-01C Remove curb and Gutter 6,380380.10 10/24/2005 749-01C Remove Cross Gutter 10,655.00 10/24/2005 749-01C Remove Sidewalk 1,686.00 10/24/2005 749-01C Remove Driveway 25,000.00 10/24/2005 749-01C Remove Garden Wall 5,578.00 11/11/2005 749-02 Cross gutters 3,000.00 11/1112005 749-02 Grad and Camp Gross Gutters 2,250.00 02102/2006 749-05 New curb ramps 10,200,00 02/02/2006 749-05 New median curbs 6,140.00 02102/2006 749-06 Regarading Crossgutlers 900.00 02/0212006 749-05 Grad and comp curb ramp 900.00 02/0212006 749-05 Grad and camp median curb 1,292.00 02/0312006 749-07 new median curbs 114.00 02103/2006 749-07 grade and comp median curb 19,750.00 08/1712006 749-13' red Stamped Concrete Median 161,883.10 Total Archuleta Concrete Construction Co. 07114/2004 Plan 11130/2004 4443 10/12/2005 4443 07125/2006 4443 Renewal Total City of La Ouinta Application for General Plan Amednment Approval 4.000.00 Application for Public Works Construction Permit (1 11,088.20 Application for Public Works Construction Permit (i 7,421.80 Renewal of Encroachment Permit #4443-Street Im 1,951.00 Tlt. Dateland S,onsttuatfo� 60,734.88 05I7612006 6288A Offsile Improvements 29,737.50 05116/2006 6288A offsite CO#1 162 07I28I2006 6452' Offsite Street Improvements 3,. ,61010.00 07128/2006 6452' COO c-TiS,6TG?31r, '-- Total Dateland Construction --- _IV'?i�i'ra�Candseape... I Irrigation work for Median landscaping at PHR- 14,080.00 -- — -- 05117/2006 101672 Washington Street Median Landscaping 9 17.127.00 OB/17I2006 103205' Total Tierra Landscape V. Wllldan 10/11I2004 014-6048 Simon Signal 6,070.00 . 2. 03/1712005 014-6087 Simon Signal Washington & Simon signal design ,3174 ,3178 6218 04/13/2005 014-6101 Washington & Simon signal design 70314 108 05/17/2005 014-61 Washington and Simon Signal Desngn 113 06/07/2005 014-61 Washington and Simon Signal Design 21420 00 10/03/2005 014-6159 935.00 01118/2006 014-6186 lhru 12/02/2005 172.93 03/13/2006 014-6214 lhru 12/02/2005 14,254.33 Total Willdan u -, 4 91 Page 1 of 4 Point Happy Ranch 36-mR Traffic Signal Costs All Transactions Amount Date Invoice Num Memo VI. Inland Surety Bons & Insurance Svc. Offsite Improvements 13,620.00 11124/2004 263712 1,082.00 09/13/2005 304283 Encroachment 14,702.00 Total Inland Surely Bons & Insurance Svc. Traffic Signal 87,500.00 12/01/2005 16269 17,663.50 12/0112005 16269 Traffic Signal 73,614.45 01130/2006 16387 Traffic Signal 31.549.05 Os/1712006 3' Traffic Signal Total Sierra Pacific 591,150.43 TOTAL Not Yet Paid 492 Page 2 of 4 ATTACHMENT 3 t0 . P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMFICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 November 27, 2006 L.R. Wilkerson Managing Member, PHRanch, LLC 78-370 Highway 111, Suite 200 La Quinta, CA. 92253 Subject: Signal Installation at Simon Drive and Point Happy Way Dear Mr. Wilkerson: We are in receipt of your letter dated August 23, 2006 requesting additional reimbursement for construction costs associated with the Point Happy Way Traffic Signal. Section 55.A-2 of the final conditions of approval for Tentative Tract Map 31348 states that Madison Development, LLC shall: "Design and install a traffic signal at the intersection of the Washington Street and Simon Drive. The new signal shall be hard wire interconnected to the Washington Street signals at Highway 111 and at Highland Palms. The applicant shall be responsible for 50% of the cost to design and install the signal and associated signal coordination interconnect." The costs submitted with your letter include many costs not directly associated with the design and installation of the traffic signal. A review of the documents shows that only Category V costs in the amount of $14,254.33 for the signal design and Category VI costs in the amount of $210,327.00 appear to be directly related to the signal installation. However, we feel that costs associated with the removal of the existing median curb and installation and landscaping of the new median curb can legitimately be considered to allow the intersection to be signalized. These costs would include the Category IV costs of $32,007.00 for median landscaping and $58,806.00 of Category I costs for median curb removal and new median curb grading and concrete. This would bring the total eligible costs to $ 315,394.33. The City's share of this would be $ 157,697,17. M The City of La Quinta has already paid Madison Development, LLC $172,500. This amount more than adequately compensates Madison Development, LLC for the City's share of the traffic signal design and installation. The City will be making no further reimbursement. If you have any questions concerning this issue, please call Bryan McKinney, Engineering Services Principal Engineer at (760) 777-7045. Sincerely, Timothy R. Jonasson Public Works Director/City Engineer TRJ/bm Cc: Thomas P. Genovese, City Manager Kathy Jensen, City Attorney Ed Wimmer, Development Services Principal Engineer Bryan McKinney, Engineering Services Principal Engineer 2 U 494 ATTACHMENT 4 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 December 8, 2006 L.R. Wilkerson Managing Member, PHRanch, LLC 78-370 Highway 111, Suite 200 La Quinta, CA 92253 Subject: Signal Installation at Simon Drive and Point Happy Way Dear Mr. Wilkerson: Thank you for meeting with me to review your letter dated August 23, 2006 requesting i additional reimbursement for construction costs associated with the Point Happy Way Traffic Signal. Section 55.A-2 of the final conditions of approval for Tentative Tract Map 31348 states that Madison Development, LLC shall: "Design and install a traffic signal at the intersection of the Washington Street and Simon Drive. The new signal shall be hard wire interconnected to the Washington Street signals at Highway 111 and at Highland Palms. The applicant shall be responsible for 50% of the cost to design and install the signal and associated signal coordination interconnect." The costs submitted with your letter include many costs not directly associated with the design and installation of the traffic signal. A review of the documents shows that only Category V costs in the amount of $14,254.33 for the signal design and Category VII costs in the amount of $210,327.00 for the traffic signal instaliation qualify for 50% reimbursement. The portion of Category VI costs for bonding for signal improvements may also be included in your traffic signal improvement costs. Since the City of La Quinta has already paid Madison Development, LLC $172,500, the City has more than met its obligation to pay Madison Development 50% of the traffic signal cost improvements. Therefore, the City respectfully rejects your request for further reimbursement for this item. &tW9"6**J$W'6 Since there is no other appeal process specified in the Municipal Code for this matter, it is subject to and governed by La Quinta Municipal Code section 2.04.100 et seq. The deadline to file an appeal under the general appeal provisions is ten (10) days after the date of service of written notice of the action appealed from. The notice must be filed with the City Clerk and must set forth (1) the specific action appealed from, (2) the specific grounds for the appeal and (3) the relief or action sought from the City Council. The appeal must be filed with a filing fee, the amount of which is set by City Resolution; the amount of such fee can be obtained by contacting the City Clerk's office. Provided that the fee is paid and a timely notice of appeal has been properly prepared and filed, then the City Clerk will schedule the matter for hearing at a regular meeting and shall give.you at least five (5) days notice of the hearing date. During the appeal hearing you are limited to presenting only those issues you have raised in your appeal notice. The City Council may affirm, modify or reverse the action being appealed. Your failure to submit a timely appeal, along with the appropriate filing fee, will result in the decision contained in this letter being deemed final. If you have any questions concerning this issue, please call Tim Jonasson, Public Works Director/City Engineer at (760) 777-7042. Sincerely, z2 Thomas P. Genovese City Manager TPG/tj/bm / cc, Timothy R. Jonasson, Public Works Director/City Engineer v Kathy Jenson, City Attorney Ed Wimmer, Development Services Principal Engineer Bryan McKinney, Engineering Services Principal Engineer 2 496 12/11/2006 SON 16:23 FAI 760 777 7107 La Quinta- City Clerk ATTACHMENT 5 Appellanfs Mailing Ads Resolution # and Condition(s) of Approval �,Cbfily6o -Zmw ` Any development review action may be ap Please identify the type of application: Type of Appeal: Change of Zone Specific Plan Conditional Use Permit Variance . Minor Use Permit City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX- (760) 777-1233 OFFICE USE ONLY Case No. Date Reovd. Related Apps.: Loggcd in by: Application for Appeal of Findings And/Or Conditions Date 1c9 �� GL C'i W , Phone:'5� . E,)9 5 07o� appeale pursuant m :22 .120 of the Zoning Code. I)WC��y0,- /of _IZTentative Tract Map Tentative Parcel Map Site Development Permit Temporary Use Permit Other sufficient information so as to make clear the substance of each of the grounds for appeal. idicate the number of the specific condition which is_being protested. / /j L Use addi£onal sheets APPEAL FEE:: $175 (Resolutidn 98-84) rPr C'- 497 19"Vpcal Finds -Coed i i -A MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: THOMAS P. GENOVESE, CITY MANAGER FROM: Aimothy R. Jonasson, Public Works Director/City Engineer CITY COUNCIL DATE: January 16, 2007 SUBJECT: Appeal of Reimbursement Amount for Traffic Signal Improvements at Washington Street and Simon Drive — Public Hearing Item No. 3 Attached please find a spreadsheet breaking down by item the amount of reimbursement allowed by the City of La Quinta versus the amount requested by the developer for the installation of the traffic signal at the intersection of Washington Street and Simon Drive. u 493 Point Happy Ranch Traffic Signal Costs All Transactions DATE Memo Archuleta Concrete Construction Co. 10/24/2005 Sawcut and Remove Paving 10/24/2005 Remove Existing Curb 10/24/2005 Remove curb and gutter 10/24/2005 Remove Cross Gutter 10/24/2005 Remove Sidewalk 10/24/2005 Remove Driveway 10/24/2005 Remove Garden Wall 11/11/2005 Cross Gutters 11/11/2005 Grade and Comp Cross Gutters 2/2/2006 New Curb Ramps 2/2/2006 New Median Curbs 2/2/2006 Regrading Cross Gutters 2/2/2006 Grade and Comp Curb Ramp 2/2/2006 Grade and Comp Med. Curb 2/3/2006 New Median Curbs 2/3/2006 Grade and Comp Med. Curb 8/17/2006 Red Stamped Concrete Med. City of La Ouinta 7/14/2004 Application for Plan Amend. Approval 11/30/2004 Application for Construction Permit 10/12/2005 Application for Construction Permit 7/25/2006 Renewal of Encroachment Permit #4443 III. Dateland Construction 5/16/2006 Offsite Improvements 5/16/2006 Offsite CO #1 7/28/2006 Offsite Street Improvements 7/28/2006 CO#1 Amount Invoiced Amount Allowed $44,765.00 $0.00 $26,550.00 $26,550.00 $16,725.00 $0.00 $6,380.10 $0.00 $10,665.00 $0.00 $1,686.00 $0.00 $25,000.00 $0.00 $5,576.00 $0.00 $3,000.00 $0.00 $2,250.00 $0.00 $10,200.00 $10,200.00 $6,140.00 $0.00 $900.00 $0.00 $900.00 $900.00 $1,292.00 $1,292.00 $114.00 $114.00 $19,750.00 $19,750.00 $181,893.10 $58,806.00 $4,000.00 $0.00 $11,088.20 $0.00 $7,421.80 $0.00 $1,951.00 $0.00 $24,461.00 $0.00 $60,734.88 $0.00 $29,737.50 $0.00 $19,533.62 $0.00 $3,510.00 $0.00 $113,516.00 $0.00 IV. Tierra Landscape 5/17/2006 Irrigation work Median Landscaping at PHR $14,880.00 $14,880.00 8/17/2006 Washington Street Median Landscaping $17,127.00 $17,127.00 $32,007.00 $32,007.00 499 V. Willdan 10/11 /2004 3/17/2005 4/13/2005 5/17/2005 6/7/2005 10/3/2005 1 /18/2006 3/13/2006 Simon Signal Simon Signal Washington & Simon signal design Washington & Simon signal design Washington & Simon signal design Washington & Simon signal design thru 12/02/2005 thru 12/02/2005 VI. Inland Surety Bonds & Insurance Svc. 11/24/2004 Offsite Improvements 9/13/2005 Encroachment VII. Sierra Pacific 12/1/2005 Traffic Signal 12/1/2005 Traffic Signal 1/30/2006 Traffic Signal 8/17/2006 Traffic Signal TOTAL AMOUNT $6,070.00 $6,070.00 $2,317.48 $2,317.48 $1,621.58 $1,621.58 $1,703.14 $1,703.14 $1,214.20 $1,214.20 $220.00 $220.00 $935.00 $935.00 $172.93 $172.93 $14,254.33 $14,254.33 $13,620.00 $0.00 $1,082.00 $0.00 $14,702.00 $0.00 $87,500.00 $87,500.00 $17,663.50 $17,663.50 $73,614.45 $73,614.45 $31,549.05 $31,549.05 $210,327.00 $210,327.00 $5919160.43 $315,394.33 G 5 00 Taf 4 04 F 02 CF')t OF TL�%'945 COUNCIL/RDA MEETING DATE: January 16, 2007 ITEM TITLE: Continued Joint Public Hearing Between the City Council and Redevelopment Agency to Consider a Revised Affordable Housing Agreement Between the Agency and Santa Rosa Development, Inc., to Increase the Agency's Funding for the Homebuyeir Silent Second Trust Deed Mortgage Loans by $4.5 Million, Thus, Expanding the Income Levels of the Homebuyers for the Property Located Within the Watercolors Housing Project at 48th Avenue and Adams Avenue RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Amendment No. 4 to the Affordable Housing Agreement, and appropriate $4,500,000 to fund additional silent second trust deed homebuyer mortgages from the Project Area No. 2 Housing Fund Reserves (Account No. 246-0000-290-0000). FISCAL IMPLICATIONS: Implementing Amendment No. 4 would result in the expenditure of up to $4,500,000 of Housing Fund balance. While the Agency would not secure additional affordable housing covenants, these funds would increase the individual second trust deed mortgage amounts and expand the number of households that may qualify to purchase one of these dwellings. Also, doing so would expand the affordability of the project to include low-income households. CHARTER CITY IMPLICATIONS: None, BACKGROUND AND OVERVIEW: In December 2002 the Agency approved an Affordable Housing Agreement with Santa Rosa Development, Inc. (Michael Shovlin is the General Partner) to facilitate the development of 149 single-family courtyard homes. Known as Watercolors, this neighborhood is located on Avenue 48, east of Adams Street. All 149 homes must be sold to moderate -income households aged 55 years and older. Per the Agreement, the Agency will provide $8,886,138 in financial assistance, of which $7,000,000 is funding 01 funding second trust deed mortgage loans. In June 2006 Mr. Shovlin contacted staff regarding difficulties he was experiencing selling the first phase homes given the sales price limitations (moderate -income restrictions) and the $67,000 maximum amount of the second trust deed loans. These limitations were impacting his sales volume and thus his ability to repay his construction loan. Mr. Shovlin requested that the Agency consider two options to address these circumstances as follows: Increase the Agency's financial contribution by $36,000 per unit for the dwellings that remain to be sold so that the second trust deed loans may be increased to a maximum of $103,000. This would require up to an additional $4,500,000 of Agency funds. Mr. Shovlin anticipates the additional funding would be required by the summer of 2007, after the current second trust deed loan allocation has been used. Their projections indicate the larger second trust deed mortgage loan would allow them to further buy down the sales prices and thus qualify additional senior households. Release 45 of the remaining 125 homes from the moderate -income affordability requirements and sell them at market prices. The additional sale income would then be pledged to replace the reduced income they receive from the affordable units. Mr. Shovlin indicates the softening housing market combined with increasing construction labor and materials costs results in his needing one of these modifications. Staff evaluated this request and while we do not want to increase funding for an existing development without gaining additional affordable dwellings, staff recommends the Agency increase the second trust deed mortgage loans and fund up to $4,500,000. The rational is that: • Our experience with combining market -rate and affordable for sale homes in the same development generates numerous requests by the restricted home owners to repay the second trust deed mortgages and the shared appreciation penalties in order to gain the appreciation their neighbors are enjoying from selling the non- restricted homes; and The Agency has lost 75 covenant restricted affordable homes to date that the Agency will have to replace in order to achieve its housing production mandate. These homes were secured prior to 2002 when the Agency's second trust deed loan program allowed homeowners to repay their second trust deed loans and shared appreciation penalties, and release their dwelling from the affordability covenant. The Agency's second trust deed program has been modified to �'� 502 eliminate the ability to release dwellings from affordability covenants. While this modification will reduce the likelihood that owners will request covenant releases, appreciating home values will continue to generate requests for releases. Increasing the second trust deed loans to a maximum of $103, 000 will allow Santa Rosa to expand their target market to include households who earn $35,000 to $45,000 per year. A household with a $35,000 annual income is a low-income household; the Agency will gain both low- and moderate -income credits from this development as a result of increasing maximum second trust deed loan amount. Attachment 1 to this report (Amendment No. 4) presents a summary that highlights the changes to the Affordable Housing Agreement. Basically, the funding the Agency will provide for second trust deed mortgage loans is increased up to a maximum $4,500,000, the maximum second trust deed mortgage loan amount is increased to $103,000, and additional documents are added to accommodate sales to low-income households. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution approving Amendment No. 4 to the Affordable Housing Agreement; 2. Do not adopt the Resolution approving Amendment No. 4 to the Affordable Housing Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, ,0 Douglas . Evans Community Development Director Approved for submission 7 Thomas P. Genovese, City Manager Attachment: 1. Amendment No. 4 - 503 SUMMARY REPORT FOR AMENDMENT NO.4 TO THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SANTA ROSA DEVELOPMENT, INC December 5, 2006 INTRODUCTION This document is the Summary Report ("Report") for Amendment No. 4 to the Affordable Housing Agreement ("Agreement") by and between the La Quinta Redevelopment Agency ("Agency") and Santa Rosa Development, Inc. ("Developer"). The Agreement facilitated the sale of a 20.04-acre Agency -owned parcel ("Property") to the Developer who is building and selling a149 single-family dwellings that are affordable to moderate -income households aged 55 years and older ("Development"). This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code (the California Community Redevelopment Law or "Law") and addresses the following: • A summary of the proposed Development. • The cost of the Agreement to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value of the interest to be conveyed determined at the use with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale of property pursuant to the Agreement will assist in the elimination of blight. • Conformance with the Agency's Five Year Implementation Plan. It should be noted that this Report does not address all of the aforementioned items. The Agency prepared a Summary Report in December 2002 that detailed the land sale and development transaction facilitated by the original Affordable Housing Agreement; the December 2002 Summary Report is attached for reference ("Attachment 1 "). 504 P\Repotls-CC0007V-16.07\Walerwlom\Summary Report doc 1 THE DEVELOPMENT The Agency purchased the Property in 1995 in order to reserve land for affordable housing development. The Property was part of a larger 50 acre parcel; .5 acres was transferred to the Coachella Valley Water District in 1999 to satisfy well site requirements for the Mira Flores affordable housing development, 14 acres were sold to the A.G. Spanos Corporation in February 2000 for a 200 unit apartment development that includes 20 affordable units, 11.9 acres was sold to the Developer at market value for a 36 dwelling market rate single family development, and the remaining 20.04 acres was sold to the Developer in 2003 who is constructing the Development. In December 2002, the Agency approved an Affordable Housing Agreement with the Developer to facilitate the Development. Known as Watercolors, this neighborhood is located on Avenue 48, east of Adams Street. All 149 homes must be sold to moderate -income households aged 55 years and older. The Agency provided $8,886,138 in financial assistance to insure that the home sales prices are affordable to moderate income households; $7,000,000 of this assistance is funding homebuyer second trust deed mortgage loans. In June 2006 the Developer contacted staff regarding difficulties he was experiencing selling the first phase homes given the moderate -income sales price limitations and the $67,000 maximum amount of the second trust deed loans. These limitations were impacting his sales volume and thus his ability to repay his construction loan. The Developer also indicated that the softening housing market combuned with increasing construction labor and materials costs resulted in his request for one of the following modifications: Increase the Agency's financial contribution by $36,000 per unit for the dwellings that remain to be sold so that the second trust deed loans may be increased to a maximum of $103,000. This would require an additional $4,500,000 of Agency funds. The additional funding would be needed by the summer of 2007, after the current second trust deed loan allocation has been used. The larger second trust deed mortgage loans would allow the Developer to further buy down the sales prices and thus qualify additional senior households. Release 45 of the remaining 125 homes from the moderate -income affordability requirements and sell them at market prices. The additional sale income would then be pledged to replace the reduced income the Developer receives from the affordable units. Staff evaluated this request and while not wanting to increase funding for an existing development without gaining additional affordable dwellings, recommended 505 P.\Reports-CC\26WU-1647\Watercolors\Summary Report Eoc 2 that the Agency increase the second trust deed mortgage loans and provide up to $4,500,000 in additional financial assistance. The rational is that: Staff's experience with combining market -rate and affordable homes in the same development generates numerous requests by the restricted home owners to repay the second trust deed mortgages and the shared appreciation penalties in order to gain the appreciation their neighbors are enjoying from selling the non -restricted homes; The: Agency has lost 75 covenant restricted affordable homes to date that the Agency will have to replace in order to achieve its housing production mandate. These homes were secured prior to 2002 when the Agency's second trust deed loan program allowed homeowners to repay their second trust deed loans and shared appreciation penalties, and release their dwelling from the affordability covenant. The Agency's second trust deed program has been modified to eliminate the ability to release dwellings from affordability covenants. While this modification will reduce the likelihood that owners will request covenant releases, appreciating home values will continue to generate requests for releases; Increasing the second trust deed loans to a maximum of $103,000 will allow the Developer to expand their target market to include households who earn $35,000 to $45,000 per year. A household with a $35,000 annual income is a low-income household; the Agency will gain both low- and moderate - income credits from this development as a result of increasing maximum second trust deed loan amount. THE COST OF THE AGREEMENT TO THE AGENCY The Agreement would obligate the Agency to underwrite an additional $4,500,000 in silent second trust deed mortgage loans. These loans will allow both moderate and low income households to purchase these homes. ESTIMATED VALUE OF INTEREST TO BE CONVEYED No property interests will be conveyed per the Agreement. A financial analysis of the value of the original conveyance is presented in Attachment 1. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED, DETERMINED AT THE USE AND WITH THE CONDITIONS, COVENANTS, AND DEVELOPMENT COSTS REQUIRED BY THE AGREEMENT v 5 06 P1Reporss-CC2007\1-16-07\Wateroolors\Summary Report doc 3 No property interests will be conveyed per the Agreement. A financial analysis of the original conveyance is presented in Attachment 1. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT No property interests will be conveyed per the Agreement. An analysis of the original conveyance is presented in Attachment 1 . CONFORMANCE WITH THE AGENCY'S FIVE YEAR IMPLEMENTATION PLAN An analysis of conformance with the Agency's Five Year Plan is presented in Attachment 1. A copy of the proposed Agreement is attached to this Report (Attachment 2) and is available for review at the Community Development Department located at the La Quinta City Hall. The proposed Agreement will be the subject of a joint public hearing of the Agency and City Council on January 16, 2007, at 7:00 p.m. in the City Council Chambers located at the La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California. 507 P\Reports-CM007\1-1&NMatercdom\Summary Report doc 4 SUMMARY REPORT FOR THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SANTA ROSA DEVELOPMENT, INC December 26, 2002 INTRODUCTION This document is the Summary Report ("Report") for the Affordable Housing Agreement ("Agreement") by and between the La Quinta Redevelopment Agency ("Agency") and Santa Rosa Development, Inc., a development partnership comprised of Desert Cities Development and the RecreActions Group of Companies (RGC) ("Developer"). The Agreement facilitates the sale of a 20.04-acre Agency - owned parcel ("Property") to the Developer who will construct and sell 149 single- family dwellings that will be affordable to moderate -income households aged 55 years and older ("Development"). This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code (the California Community Redevelopment Law or "Law") and addresses the following: • A summary of the proposed Development. • The cost of the Agreement to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value of the interest to be conveyed determined at the use with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale of property pursuant to the Agreement will assist in the elimination of blight. • Conformance with the Agency's Five Year Implementation Plan. THE DEVELOPMENT The Agency purchased the Property in 1995 in order to reserve land for affordable housing development. The Property was part of a larger 50 acre parcel; .5 acres was transferred to the Coachella Valley Water District in 1999 to satisfy well site requirements related to the development of the Mira Flores affordable housing development, 14 acres were transferred to the A.G. Spanos Corporation in 508 P\Reports-CCr2007\1-16-07\Watercclors\Sum.a Report doc 5 February 2000 for the development of a 200 unit apartment community that includes 20 affordable units, 11 .9 acres is proposed to be sold to the Developer at market value for the development of 36 market rate single family dwellings, and the disposition of the remaining 20.04 acres is the subject of this Report. The Developer first contacted the Agency in May 1998 regarding their interest in developing both affordable and market rate housing on the 50-acre parcel. The Agency delayed moving forward with their request until a majority of the dwellings in the Mira Flores community (located east of the Property at Avenue 48 and Jefferson Street) were sold. This occurred in March 2002; the Agency subsequently entered into negotiations with the Developer to determine, if a mutually acceptable transaction could be consummated. Negotiations concluded in August 2002 and the Agreement was subsequently drafted. In order to insure compatibility with the surrounding single-family neighborhoods the Developer proposes a development program that locates market rate homes adjacent to the existing single-family neighborhoods located west of Adams Street and south of Avenue 48, and affordable homes on a larger square shaped segment of the Property located east of the market rate homes. The market rate units will be three and four -bedroom 36 single story homes that will be priced from $265,000 to $360,000. The affordable component entails 149 one and two bedroom single story court homes ranging from 1,175 to 1,300 square feet in size. The average home price will be $177,320. The home sales will be restricted to buyers aged 55 years and older who have moderate household incomes (defined as households earning from 81 % to 120% of the Riverside County median income). The Property includes a 22,500 square foot section that will be parcelized, partially improved, and transferred to the Coachella Valley Water District for a well site. This requirement will result in the Developer retaining 19.5 acres of the 20.04-acre Property for the Development. Per the Agreement the Developer will have up to 180 days after the Agreement is executed to prepare and process the entitlements and tract map required for Property development. The Agency will provide up to $800,000 during this period to underwrite costs associated with these activities. Upon receiving the entitlements, the Agreement provides that the Agency will sell and transfer the Property to the Developer for $1.00. Once the homes receive a certificate of occupancy from the City of La Quinta, the Agency will provide up to $7,000,000 in assistance to fund homebuyer silent second trust deed loans. The Agreement provides the latitude to fund second trust deed loans that range from $23,000 to $67,000 per homebuyer. This latitude is being provided to afford the greatest number of moderate -income households the P\Reports-CC\2007\t-16.07\Waterwlors\Summary Repod.doc 6 opportunity to purchase these units. Agency staff will work with the Developer to qualify prospective homebuyers to insure that homebuyers requiring the largest mortgage amounts are not the only ones funded, thus exhausting the funds allocated for second trust deed loans before all of the units are sold. The second trust deed loans will also feature covenants that require the dwellings to remain affordable to moderate -income households for 45 years. Further, unlike past Agency second trust deed loans, the affordability covenants will not afford the homeowner the option to sell their dwelling at prevailing market values and release the unit from the affordability covenant. Instead, the homeowner must sell their dwelling to either another qualified buyer (a moderate income households that is 55 years or older), or if a qualified household cannot be found, as a last resort to the Agency. THE COST OF THE AGREEMENT TO THE AGENCY The Agreement obligates the Agency to fund a total of $8,886,138 or $59,638 per unit to obtain 149 affordable for sale housing units. These costs are as follows: Property Purchase Costs - $1,086,138 The Property cost the Agency $1,086,139; $764,887 in land acquisition costs and $321,252 in interest carry costs associated with the bond proceeds used to acquire the Property. The Agency purchased the larger 50-acre parcel in 1995 for $1,909,300. The Property's pro rata share of the total purchase cost is $764,887. 1995 Housing Bond proceeds were used to fund this purchase, which feature a blended interest rate of 6%. The interest expense associated with the $764,887 purchase cost is $321,252. Per the Agreement the Developer will purchase the Property for $1.00, leaving $1,086,138 in land acquisition and interest carry costs that the Agency must fund to obtain the affordable units. Entitlement and Municipal Fee Costs - $800,000 Prior to transferring the Property to the Developer, the Agency will fund the costs associated with planning, engineering and environmental studies, and municipal and building permit fees. The draw schedule for these funds is as follows: $250,000 upon executing the Agreement to reimburse the Developer for funds they expended to plan and replan this project since 1998 (including preparing a specific plan and paying over $10,000 in application fees) and to fund some of the costs of revising the specific plan to reflect the new development program; v 510 PAReports-CCU007N-1647\Watercolors\Summary Report doc 7 • $200,000 upon filing the entitlements to fund the remaining architectural, engineering, planning, environmental costs, and fees associated with submitting a revised specific plan and tract map; • $200,000 upon receipt of entitlements to fund costs associated with preparing construction drawings and some municipal fee costs; and • $150,000 upon receiving building permits to fund the remaining municipal fee expenses. Homebuyer Second Trust Deed Mortgages — Up to $7,000,000 In order sell the units at costs affordable to moderate income households the Agreement provides that the Agency will fund 149 second trust deed mortgages. The mortgages will cover each dwelling's pro rate share of land ($5,133) and entitlement/municipal fee ($5,369) costs, and $12,498 to $56,498 of development costs. The total second trust deed mortgage will range from $23,000 to $67,000 per household, with the average per unit mortgage projected to be $50,000. This range willl permit households aged 55 years or older who earn from 81 to 120 percent of the Riverside County median income to purchase these homes. The Agency's Redevelopment Consultant has reviewed and verified the costs associated with the Development. Total development costs are projected to be $26,420,593, which includes a developer profit of 4.46% or $1,228,497. This equates to an average per unit cost of $177,320. The Agency second trust deeds combined with the homebuyer down payments of 3% will reduce the first trust deed mortgage to $110,320 to $154,320, a level affordable to moderate income households. ESTIMATED VALUE OF INTEREST TO BE CONVEYED The Agency's Redevelopment Consultant reviewed comparable land sales for property designated for single-family development that was not yet entitled. This review identified per acre land values ranging from $38,660 to $75,000. The Agency is selling the Developer an adjoining parcel for market rate residential development at a per acre price of $67,347. Using this value, the 20.04-acre parcel would have a current market value of $1,349,633. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED, DETERMINED AT THE USE AND WITH THE CONDITIONS, COVENANTS, AND DEVELOPMENT COSTS REQUIRED BY THE AGREEMENT PARepotls-CW00/1-16-07\Watercolors\Summary Report Eoc 8 The Agreement requires the Developer to construct 149 dwellings that must be sold at affordable housing costs to moderate -income households. In order achieve affordable housing costs the units must have first trust deed mortgages that range from $110,320 to $154,320. Selling the Property for $1.00, plus providing additional financial assistance to reduce overall development costs, will achieve this. 512 PAReports - CC\P007\1-16-07\Watercoloms Summary Report Coc 9 EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT The Property conveyance and construction of the Development does not directly eliminate blight. Instead, the conveyance will facilitate the development of dwellings that will increase and improve the supply of affordable housing within La Quinta Redevelopment Project No. 2. Per the Second Five Year Implementation Plan, the Agency has an obligation to facilitate the production of over 1,500 affordable units by 2004. In order to accomplish this task the Agency must provide incentives to private developers and non-profit organizations to construct units that will generate less than market value returns. The Property conveyance and the Development will further the Agency's efforts to promote affordable housing development within Project No 2. CONFORMANCE WITH THE AGENCY'S FIVE YEAR IMPLEMENTATION PLAN The Second Five Year Implementation Plan and the Second Amended Housing Affordability Plan identifies a combination of market rate and affordable housing development for the Property. The conveyance of the Property and the subsequent development of affordable housing conform to the provisions of both these Plans. A copy of the proposed Agreement is attached to this Report or is available for review at the Community Development Department located at the La Quinta City Hall. The proposed Agreement will be the subject of a joint public hearing of the Agency and City Council on January 7, 2003, at 7:00 p.m. in the City Council Chambers; are located at the La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California. 513 P\Reports-CC\2007\1-16-07\Watercolors\Summary Report Epo 10 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AMENDMENT NO. 4 TO AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SANTA ROSA DEVELOPMENT, INC. FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL"); and WHEREAS, pursuant to the CRL, the City Council of the City of La Quinta ("City" or "City Council," as applicable) approved and adopted the Redevelopment Plan ("Redevelopment Plan") for Project Area No. 2 ("Project Area"), on May 16, 1989, by Ordinance No. 139; and WHEREAS, a fundamental purpose of the CRL is to expand the supply of low- and moderate -income housing (Health & Safety Code, § 33071); and WHEREAS, on or about January 22, 2003, the Agency and Santa Rosa Development, Inc., a California corporation ("Developer") entered into that certain Affordable Housing Agreement (the "Original AHA"), pursuant to which (i) the Agency conveyed to the Developer certain real property located within the Project Area ("Property") for the Developer's subsequent development thereon of One Hundred Forty -Nine (149) single-family homes for sale to senior citizens who are at least 55 years of age and who are also "persons and families of moderate- income" (i.e., persons and families whose income does not exceed 120% of the median income for Riverside County, adjusted for family size) (the "Project"); (ii) the Agency agreed to provide certain financial assistance to Developer, including second trust deed assistance to qualified buyers of units in the Project in an amount not to exceed Seven Million Dollars ($7,000,000), from the Agency's Housing Fund (the "Homebuyer Assistance"), all as more particularly described in the Original AHA; and WHEREAS, Agency and Developer have amended the Original AHA on three prior occasions (collectively, the "Amendments"); and WHEREAS, the Original AHA, as amended by the Amendments, is hereinafter referred to as the "AHA"; and 514 City Council Resolution No. 2007- Santa Rosa Development, Inc. Adopted: January 16, 2007 Page 2 WHEREAS, Agency and Developer have negotiated a fourth amendment to the AHA ("Amendment No. 4"), pursuant to which Agency would provide up to an additional Four Million Five Hundred Thousand Dollars ($4,500,000) of Housing Funds as Homebuyer Assistance and to enable Developer to sell homes in the Project to senior citizens who are at least 55 years of age and who are also "lower income households" (i.e., persons and families whose income does not exceed 80% of median income for Riverside County, adjusted for family size); and WHEREAS, Amendment No. 4 also includes an Amendment to the recorded Declaration of Covenants, Conditions, and Restrictions for Property to enable Developer to sell remaining homes in the Project to senior citizens who are at least 55 years of age and who are also lower income households ("Declaration Amendment"); and WHEREAS, Health and Safety Code Section 33433 requires the Agency prepare a Summary Report to consider the Agency's proposed financial contribution to the Project as set forth in the AHA and Amendment No. 4, that the Agency Board and the City Council conduct a noticed joint public hearing with respect to Amendment No. 4, and that the approval of Amendment No. 4 be accompanied by certain findings and determinations as set forth herein; and WHEREAS, a Summary Report for Amendment No. 4 has been prepared and the joint public hearing has been conducted in accordance with applicable requirements of law; and WHEREAS, the City Council and the Redevelopment Agency have considered all the information and evidence set forth in the Summary Report presented by the City/Agency staff and presented by persons wishing to appear and be heard concerning the impact of Amendment No. 4 on the Project Area and the City as a whole; and WHEREAS, Amendment No. 4 is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta; and WHEREAS, the City Council hereby determines that the Agency's financial contribution pursuant to Amendment No. 4 is necessary to effectuate the purposes of the Redevelopment Plan; and - WHEREAS, Amendment No. 4 is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta. ,; rJ15 � -2- City Council Resolution No. 2007- Santa Rosa (Development, Inc. Adopted: January 16, 2007 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: 1. That the above recitals are true and correct and incorporated herein. 2. Amendment No. 4 effectuates the purposes of the Community Redevelopment Law (Health & Safety Code § 33000 et seq.) and of the Redevelopment Plan and is in the best interests of the citizens of the City of La Quinta. 3. The Agency's sale of the real property identified herein will provide housing for moderate -income persons and is consistent with the Agency's Five -Year Implementation Plan, based on the findings and conclusions of the Summary Report, which is incorporated herein. 4. The consideration the Developer paid for the real property conveyed by the Agency is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale, based on the findings and conclusions of the Summary Report. 5. That the La Quinta Redevelopment Agency hereby finds and determines that Amendment No. 4 effectuates the purposes of the Community Redevelopment Law (Health & Safety Code § 33000 et seq.) and of the Redevelopment Plan and is in the best interests of the citizens of the City of La Quinta. 6. Amendment No. 4, a copy of which is on file with the Agency Secretary, is hereby approved. The City Council consents to the Agency's authorization and direction to its Executive Director and Agency Counsel to make final modifications to Amendment No. 4 that are consistent with the substantive terms of Amendment No. 4 approved hereby, and to thereafter sign Amendment No. 4, including the Declaration Amendment, on behalf of the Agency. 7. The City Council consents to the Agency's authorization and direction to its Executive Director to (i) sign such other and further documents, including but not limited to subordination agreements and escrow instructions that require the Agency's signature, and (ii) take such other and further actions, as may be necessary and proper to carry out the terms of the Agreement. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 16th day of January, 2007, by the following vote:, -3- City Council Resolution No. 2007-_ Santa Rosa (Development, Inc. Adopted: January 16, 2007 Page 4 AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California in ATTACHMtN i 0 1 AMENDMENT NO.4 TO AFFORDABLE HOUSING AGREEMENT This AMENDMENT NO.4 TO AFFORDABLE HOUSING AGREEMENT ("Amendment No. 4") is made and entered into as of , 2007 (the "Effective Date") by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"), and SANTA ROSA DEVELOPMENT, INC., a California corporation ("Developer"). RECITALS: A. On or about January 22, 2003, the Agency and Developer entered into that certain Affordable Housing Agreement (the "Original AHA'), pursuant to which Agency agreed to sell to Developer, and Developer agreed to purchase from Agency, that certain real property located at the comer of Avenue 48th and Adams Street, in the City of La Quinta, County of Riverside, State of California (the "Site"), and to construct thereon a "senior citizen housing development," as defined in Civil Code Section 51.3(b)(4), consisting of not less than one hundred forty-nine (149) single-family detached homes and related improvements (the "Project") to be sold to Eligible Buyers at an Affordable Housing Cost. B. On or about June 22, 2004, the Agency and Developer amended the Original AHA by that certain Waiver and Replacement of Conditions for Closing for the Affordable Housing Agreement and for the Option Agreement ("Amendment No. I") to revise, among other terms, various provisions related to the Project Entitlements. C. On or about October 28, 2004, the Agency and Developer entered into that certain Amendment No. 2 to Affordable Housing Agreement to further revise the provisions related to the Project Entitlements ("Amendment No. 2"). D. On or about July 14, 2006, the Agency and Developer entered into that certain Amendment No. 3 to Affordable Housing Agreement to extend certain timeframes set forth in the Original AHA. The Original AHA, as amended by Amendment No. 1, Amendment No. 2, and Amendment No. 3, is hereinafter referred to as the "AHA." E. Developer and Agency now wish to further revise the AHA to provide for an increase in the amount of financial assistance Agency is providing to Developer pursuant to the AHA, and to enable Developer to sell Units in the Project to senior citizens who are at least 55 years of age and who are also either (a) "lower income households" (i.e., persons and families whose income does not exceed eighty percent (80%) of median income for Riverside County, adjusted for family size), or (b) "moderate income households" (i.e., persons and families whose income does not exceed one hundred twenty percent (120%) of median income for Riverside County, adjusted for family size"). s 882/015610-0043 77744801 a01/11/07 AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The AHA is hereby amended to replace Section 202, in its entirety, with the following: [202] Homebuyer Assistance Agency shall provide as part of the Agency Assistance a loan to each Eligible Buyer of a Unit in the Project ("Homebuyer Loan"). Each Homebuyer Loan shall be composed of (i) a cash component that Agency shall, prior to or concurrent with each close of escrow for the sale of a Unit to an Eligible Buyer, deposit into said escrow to be applied towards the purchase price of such Unit (the "Cash Component of Homebuyer Loan"); (ii) the Unit's pro-rata share of the Acquisition Assistance, which equals Five Thousand One Hundred Thirty -Three Dollars ($5,133) (the "Acquisition Assistance Component of Homebuyer Loan"), and the Unit's pro-rata share of the entitlement and other municipal fees required to develop the Project, which equals Five Thousand Three Hundred Sixty -Nine Dollars ($5,369) (the "Entitlement Component of Homebuyer Loan"). The Acquisition Component of Homebuyer Loan and the Entitlement Component of Homebuyer Loan represent assistance that Agency will already have provided to Developer to develop the Project, pursuant to this Agreement, and will be credited by the Developer towards the purchase price of each Unit by an Eligible Buyer by a reduction of the purchase price from the market price to the affordable purchase price. The cumulative amount of the Cash Component of Homebuyer Loan for all Units in the aggregate shall not exceed Eleven Million Five Hundred Thousand Dollars ($11,500,000) (the "Homebuyer Assistance"). The amount of the Cash Component of Homebuyer Loan for each individual Unit shall be an amount up to, but not exceeding, One Hundred Three Thousand Dollars ($103,000). 2. The; AHA is hereby amended to replace Section 401, in its entirety, with the following: [401] Affordable Housing. Developer hereby covenants and agrees, for itself and its successors and assigns, to develop not less than one hundred forty-nine (149) residential housing units on the Site to be sold to "Eligible Buyers" at an "Affordable Housing Cost," all as more fully described in the Declaration. For purposes of this Agreement, the term "Eligible Buyer" shall mean a buyer of one of the Units in the Project who satisfies all of the following requirements: (i) at least one person in residence in the residential unit in question is a "qualifying resident" or "senior citizen" who is 55 years of age or older, for purposes of residency in a "senior citizen housing development" (as those terms are defined in California Civil Code Sections 51.3(b)(1) and (4)); (ii) each other resident in the same dwelling unit is either a "qualifying resident," "senior citizen," "qualified permanent resident" or "permitted health care resident" (as those terms are defined in California Civil Code Sections 51.3(b)(2), (3), and (7)); and (iii) such person or persons qualify as either (a) "persons and families of moderate income" within the meaning of California Health and Safety Code Section 50093 (i.e., households whose income, adjusted for family size, do not exceed one hundred twenty (120%) of the Riverside County Median Income) (each, a "Moderate Income Eligible Buyer"), or (b) "lower income households" within the meaning of California Health and Safety Code Section 50079.5 (i.e., households whose income, adjusted for family size., do not exceed eighty percent (80%) of the Riverside County Median Income (each, a "Low Income Eligible Buyer"). For purposes of this Agreement, the term "Affordable Housing Cost" shall mean that purchase price which would result in monthly housing payments, including the cost for a thirty (30) year mortgage for that portion of the purchase price which is to be paid in the form of loan proceeds under currently prevailing mortgage loan rates or the interest rate of any below - market mortgage program for which such purchaser has obtained a first trust deed loan, of (1) for Low Income Eligible Buyers, not more than thirty-five percent (35%) of seventy percent (70%) of Riverside County Median Income adjusted for family size appropriate for the Unit; or (2) for Moderate Income Eligible Buyers, not less than twenty-eight percent (28%) of the gross income of the household, nor more than thirty-five percent (35%) of one hundred ten percent (110%) of Riverside County Median Income adjusted for family size appropriate for the Unit. 3. Developer acknowledges and agrees that the Buyer Affordable Housing Documents attached to the AHA as Attachment No. 10 are designed for use with Moderate Income Eligible Tenants, and that at such time as Developer sells a Unit to a Low Income Eligible Tenant, such Low Income Eligible Tenant will be required to sign a set of Buyer Affordable Housing Documents that have been designed for use with Low Income Eligible Tenants. 4. Developer and Agency shall, concurrently with the execution hereof, execute the Amendment No. 1 to Declaration of Covenants, Conditions, and Restrictions for Property, in the form attached hereto and incorporated herein as Exhibit "A". 5. Unless otherwise, specified herein, all defined terns herein shall have the meanings ascribed thereto in the AHA. 6. Except as otherwise expressly provided in this Amendment No. 4, all of the terms and conditions of the AHA shall remain in full force and effect. 7. In the event of any action between Agency and Developer seeking enforcement of any of the terms and conditions to this Amendment No. 4, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 8. This Amendment No. 4 shall be construed according to its fair meaning and as if prepared by both parties hereto. 0 520 9. This Amendment No. 4 shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law without regard to conflicts of law. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 4. Service of process on Agency shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 10. Time is of the essence of this Amendment No. 4 and of each and every term and provision hereof. 11. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective; only if said waiver or modification is in writing, and signed by both Agency and Developer. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 12. Signatures of the parties transmitted by facsimile shall be deemed binding. However, each party agrees to submit their original signature to the other party within five (5) business days after execution hereof. 13. This Amendment No. 4 may be executed in counterparts, each of which, when this Amendment No. 4 has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. 14. The person(s) executing this Amendment No. 4 on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4 such party is formally bound to the provisions of this Amendment No. 4, and (iv) the entering into this Amendment No. 4 does not violate any provision of any other agreement to which such party is bound. [End of text — signature page follows] IN WITNESS WHEREOF, Agency and Developer each hereby represents that it has read this Amendment No. 4, understands it, and hereby executes this Amendment No. 4 to be effective as of the day and year first written above. Date: 12007 "Developer" SANTA ROSA DEVELOPMENT, INC., a California corporation Michael Shovlin Its: President "Agency" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Date: 2007 By: Executive Director ATTEST: Veronica J. Montecino, Agency Secretary APPROVED AS TO FORM: RUTAN &. TUCKER, LLP By: _ M. Katherine Jenson, Agency Counsel C',_. 522 882/0156IM043 77744801 a01/11/07 EXHIBIT "A" AMENDMENT NO 1 TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PROPERTY [See following document] 882/015610-0043 777448 01 a01/11 /07 REQUESTED BY AND WHEN RECORDED MAIL TO: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: City ]Manager From Recording Fee Pursuant to Government Code § 27383 AMENDMENT NO 1 TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PROPERTY This AMENDMENT NO. I TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PROPERTY ("Amendment No. 1") is made and entered into this _ da,y of 2007 ("Effective Date") by and between SANTA ROSA DEVELOPMENT, INC., a California corporation ("Covenantor"), and the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"). RECITALS: A. Covenantor is the owner of certain real property located in the City of La Quinta, County of Riverside, State of California, legally described in Exhibit "A" hereto (the "Property"). B. On or about July 21, 2004, the Covenantor and Agency executed that certain Declaration of Covenants, Conditions, and Restrictions for Property, which was recorded against the Property and certain adjacent real property, on July 21, 2004, in the Official Records of the County of Riverside, as Instrument No. 2004-0565214 (the "Declaration'). C. Covenantor and Agency now mutually desire to revise the Declaration with respect to the Property to enable Covenantor to sell the remaining Units in the Project to senior citizens who are at least 55 years of age and who are also either (a) "lower income households" (i.e., persons and families whose income does not exceed eighty percent (80%) of median income for Riverside County, adjusted for family size), or (b) "moderate income households" (i.e., persons and families whose income does not exceed one hundred twenty percent (120%) of median income for Riverside County, adjusted for family size). TERMINATION: In consideration of the foregoing Recitals, which are incorporated herein and made a part hereof; and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. The Declaration recorded in the Official Records of the County of Riverside, as Instrument. No. 2004-0565214, is hereby amended, with respect to the Property, as follows: '82/015610-0043 v 524 777554 01 a07/27/06 (a) To replace the definition of the term "Affordable Housing Cost" in Section Lb, in its entirety, with the following: "Affordable Housing Cost" shall be that purchase price which would result in monthly housing payments, including the cost for a thirty (30) year mortgage for that portion of the purchase price which is to be paid in the form of loan proceeds under currently prevailing mortgage loan rates or the interest rate of any below -market mortgage program for which such purchaser has obtained a first trust deed loan, of (i) for Moderate Income Eligible Buyers, not less than twenty-eight percent (28%) of the gross income of the household, nor more than thirty-five percent (35%) of one hundred ten percent (110%) of Riverside County median income adjusted for family size appropriate for the Unit; or (ii) for Low Income Eligible Buyers, not more than thirty-five percent (35%) of seventy percent (70%) of Riverside County median income adjusted for family size appropriate for the Unit. A sample calculation of an Affordable Housing Cost for a Moderate Income Eligible Buyer is set forth on Exhibit `B", which is attached hereto and incorporated herein by this reference ("Calculation of Affordable Housing Costs"). (b) To replace the definition of "Buyer Affordable Housing Documents," in Section l.c., in its entirety, with the following: "Buyer Affordable Housing Documents" shall collectively refer to the following documents, all of which shall be required to be executed by each buyer of a Unit to assure the affordability of the Unit to Eligible Buyers: (i) an affordable housing agreement that prohibits the resale of the Unit except to a Low Income Eligible Buyer or Moderate Income Eligible Buyer (as applicable) and grants the Covenantee an option to purchase the Unit ("Option of Purchase") in the event the buyer is unable to locate a Low Income Eligible Buyer or Moderate Income Eligible Buyer (as applicable) ("Buyer Affordable Housing Agreement"); (ii) a Memorandum reciting Covenantee's Option to Purchase ("Buyer Memorandum re Option to Purchase"); (iii) a promissory note ("Buyer Promissory Note") whose terms shall include a second deed of trust securing the Buyer Promissory Note ("Buyer Second Trust Deed"); and (iv) a disclosure statement acknowledging and consenting to all of the affordability and restrictions contained in the aforementioned documents ("Buyer Disclosure Statement"). (c) To replace the definition of the term "Eligible Buyer," in Section Le, in its entirety, with the following: "Eligible Buyer" shall mean a buyer of one of the Units in the Project who satisfies all of the following requirements: (i) at least one person in residence in the residential unit in question is a "qualifying resident" or "senior citizen" for purposes of residency in a "senior citizen housing development" (as those terms are defined in California Civil Code Section 51.3(b)(1) and (4)); (ii) each other resident in the same dwelling unit is either a "qualifying resident," "senior citizen," "qualified permanent resident" or "permitted health care resident" within 882/015610-0043 77755401 a07/27/06 the meaning of California Civil Code Section 51.3(b)(2), (3), and (7); and (iii) such person or persons qualify as either (a) "persons and families of moderate income" within the meaning of California Health and Safety Code Section 50093 (i.e., households whose income, adjusted for family size, do not exceed one hundred twenty (120%) of the Riverside County median income) (each, a "Moderate Income Eligible Buyer"), or (b) "lower income households" within the meaning of California Health and Safety Code Section 50079.5 (i.e., households whose income, adjusted for family size, do not exceed eighty percent (80%) of the Riverside County median income (each, a "Low Income Eligible Buyer"). 2. Whenever the term "Eligible Buyer" is used throughout the Declaration, such term shall refer to a Low Income Eligible Buyer, for Units whose initial sale by the Covenantor is to a Low Income Eligible Buyer, and such term shall refer to a Moderate Income Eligible Buyer, for Units whose initial sale by the Covenantor is to a Moderate Income Eligible Buyer. 3. Whenever the term "Affordable Housing Cost" is used throughout the Declaration, it shall refer to the Affordable Housing Cost applicable to the Eligible Buyer or proposed buyer, as defined in Section 1 above. 4. Unless otherwise specified herein, all defined terms herein shall have the meanings ascribed thereto in the Declaration. 5. Except as otherwise expressly provided in this Amendment No. 1, all of the terms and conditions of the Declaration shall remain in full force and effect. 6. In the event of any action between Agency and Covenantor seeking enforcement of any of the terms and conditions to this Amendment No. 1, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 7. This Amendment No. 1 shall be construed according to its fair meaning and as if prepared by both parties hereto. 8. This Amendment No. 1 shall be governed by the internal laws of the State of California .and any question arising hereunder shall be construed or determined according to such law without regard to conflicts of law. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 1. Service of process on Agency shall be made in accordance with California law. Service of process on Covenantor shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 9. Time is of the essence of this Amendment No. 1 and of each and every tern and provision hereof. 10. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both Agency n� 882/015610-0043 777554 01 a07/27106 _3 and Covenantor. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 11. Signatures of the parties transmitted by facsimile shall be deemed binding. However, each party agrees to submit their original signature to the other party within five (5) business days after execution hereof. 12. This Amendment No. 1 may be executed in counterparts, each of which, when this Amendment No. I has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. 13. The person(s) executing this Amendment No. 1 on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. I on behalf of said party, (iii) by so executing this Amendment No. 1 such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. I does not violate any provision of any other agreement to which such party is bound. [end — signatures on next page] r' S82/015610-0043 777554.01 a0727/06 IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 as of the date first above written. "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency") Date: 2007 By: ATTEST: Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency Date: Executive Director "COVENANTOR" SANTA ROSA DEVELOPMENT, INC., a California corporation 2007 By: Michael Shovlin Its: President U rJ� 710.0043 77 777554 55401 a07/2 i/06 STATE; OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) On before me, Notary Public, 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 RIVERSIDE ) On , before me, , Notary Public, 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] "2/015610-0043 L_ 717554 01 a07/27106 .= EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All of that certain real property located in the City of La Quinta, County of Riverside, State of California, and further identified as: ALL OF TRACT NO. 31311, EXCEPT LOTS I THROUGH 25, INCLUSIVE, LOTS 27 THROUGH 29, INCLUSIVE, LOTS 31 THROUGH 34, INCLUSIVE, AND LOTS 36 AND 37, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 368 OF MAPS, PAGES 21 THROUGH 25, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON SUBSTANCES LYING BELOW THE SURFACE OF SAID LAND, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS OF RECORD 530 EXHIBIT "A" 882/015610-0043 Page 1 77755401 a07/27/06 g