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2007 12 04 CCefr# 94 44" 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, DECEMBER 4, 2007 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2007-109 Ordinance No.448 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. 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 LEGAL COUNSEL REGARDING PENDING LITIGATION — SHEA LA QUINTA, LLC. v. CITY OF LA QU/NTA, RIVERSIDE SUPERIOR COURT CASE NO. RIC484197, PURSUANT TO GOVERNMENT CODE SECTION 54956.91a►. t' City Council Agenda 1 December 4, 2007 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF PROPERTY IDENTIFIED AS APN 767-220-004. PROPERTY OWNER/NEGOTIATOR: TURNER DEVELOPMENT, RUSTY TURNER. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 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 COACHELLA VALLEY RECREATION AND PARK DISTRICT DATED OCTOBER 31, 2007 REGARDING THE CORAL MOUNTAIN DISCOVERY PARK. APPROVAL OF MINUTES 1. APPROVAL OF SPECIAL JOINT CITY COUNCIL/COMMISSION MEETING MINUTES OF OCTOBER 23, 2007. 2. APPROVAL OF MINUTES OF NOVEMBER 20, 2007. City Council Agenda 2 December 4, 2007 O O 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 DECEMBER 4, 2007. 2. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX ENGINEERS, INC. 3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 33991, MARK P. GREEN, AN UNMARRIED MAN. 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30378, POLO ORCHARDS, LA QUINTA POLO ORCHARD PARTNERS, LLC. 5. APPROVAL OF A FINANCE AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY RELATING TO THE ACQUISITION COSTS FOR NINE ACRES LOCATED ON THE SOUTH SIDE OF HIGHWAY 111 AND EAST OF DUNE PALMS ROAD, AND APPROPRIATE GENERAL FUNDS FOR THE ACQUISITION COSTS. 6. APPROVAL OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE RELINQUISHMENT OF STATE ROUTE 111 WITHIN THE CITY OF LA QUINTA JURISDICTIONAL BOUNDARIES. 7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DUDEK TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE AVENUE 58 AND EISENHOWER DRIVE PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2007-18. 8. APPROVAL OF A CONTRACT AND LICENSE NO. 07-07-34-1-1515 FOR AUTHORIZATION FROM THE BUREAU OF RECLAMATION TO CONSTRUCT THE AVENUE 52 BRIDGE WIDENING IMPROVEMENTS, PROJECT NO. 2005-02. 9. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FOR TRAFFIC ENGINEERING SERVICES. 10. APPROVAL OF A CONTRACT CHANGE ORDER TO GKK WORKS FOR PHASE II INTERIOR IMPROVEMENTS TO THE LA QUINTA LIBRARY. 003 City Council Agenda 3 December 4, 2007 11. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH VCA CODE GROUP (FORMERLY VAN DORPE CHOU ASSOCIATES) TO PROVIDE PLAN CHECK SERVICES. 12. APPROVAL OF A RECIPIENT FOR THE 2008 SENIOR INSPIRATION AWARD PROGRAM. 13. APPROVAL OF A CONTRACT CHANGE ORDER TO DAVIS REED, INC. TO UNDERGROUND EXISTING OVERHEAD UTILITIES AT THE LA QUINTA MUSEUM, PROJECT NO. 2000-10. BUSINESS SESSION CONSIDERATION OF CITY OF LA QUINTA AND COACHELLA VALLEY WATER DISTRICT COOPERATIVE LANDSCAPE WATER MANAGEMENT PROGRAM AND APPROPRIATION OF $50,000 FROM GENERAL FUND UNALLOCATED RESERVES. A. MINUTE ORDER ACTION 2. CONSIDERATION OF TWO TILE MURALS IN OLD TOWN. A. MINUTE ORDER ACTION 3. CONSIDERATION OF A SPONSORSHIP REQUEST FROM THE PRESTIGE AT PGA WEST. A. MINUTE ORDER ACTION 4. CONSIDERATION OF AN ORDINANCE AMENDING SECTIONS 13.04.070 AND 13.28.040 OF THE LA QUINTA MUNICIPAL CODE RELATING TO SECURITY FOR SUBDIVISION IMPROVEMENTS. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE NO. ON FIRST READING City Council Agenda 4 December 4, 2007 5. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD -HOC COMMITTEE TO REVIEW THE 3RD QUARTER GRANT REQUESTS. A. MINUTE ORDER ACTION 6. CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING AN INTERNET WEBSITE POLICY FOR THE CITY OF LA QUINTA WEBSITE. A. RESOLUTION 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 (SNIFF) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (TERRY HENDERSON) 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 RESORT COMMUNITIES 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 AD -HOC COMMITTEE 19. SPHERE OF INFLUENCE SUBCOMMITTEE 20. COMMUNITY SERVICES COMMISSION MINUTES DATED OCTOBER 8, 2007 City Council Agenda 5 December 4, 2007 005 1. CITY MANAGER - NONE 2. CITY ATTORNEY — NONE 3. CITY CLERK 4. BUILDING & SAFETY DEPARTMENT REPORT — NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT — NONE A. LA QUINTA LIBRARY QUARTERLY REPORT FOR JULY THROUGH SEPTEMBER 2007 6. FINANCE DEPARTMENT REPORT — NONE 7. PLANNING DEPARTMENT REPORT — NONE 8. PUBLIC WORKS DEPARTMENT REPORT — NONE 9. POLICE DEPARTMENT REPORT — NONE 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO REDEVELOPMENT AGENCY MEETING IT �d ��'�t�igrZl;�i91! 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 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. 006 City Council Agenda 6 December 4, 2007 1. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO PROHIBIT NEW MINI -STORAGE FACILITIES IN THE COMMERCIAL PARK ZONE WHILE ALLOWING EXISTING FACILITIES TO CONTINUE TO OPERATE AS LEGAL AND CONFORMING USES. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE NO. ON FIRST READING ADJOURNMENT The next regular meeting of the City Council will be held on December 18, 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 December 4, 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 1 1 1, on November 30, 2007. DATED: November 30, 2007 VERONICA J ONTECINO, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 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. City Council Agenda 7 December 4, 2007 " 007 rPiceivec WRITTEN CORRESPONDENCE ITEM: ® a COACHELLA VALLEY RECREATION AND PARK DISTRICT 45-305 Oasis Street Indio, CA 92201 Phone (760) 347-3484 Fax (760) 347-4660 www.cvrpd.org Serving the Communities of: Bermuda Dunes Coachella Indian Wells Indio Indio Hills La Quinta Mecca North Shore Oasis Palm Desert Rancho Mirage Thermal Thousand Palms Vista Santa Rosa NOV 132007 October 31, 2007 Don Adolph, Mayor City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Dear Mayor Adolph and Members of the Council, NOV 9 20e7 The Coachella Valley Recreation and Park District has submitted a Site Development Permit Application and processing fee for phase 1 of Coral Mountain Discovery Park. The District respectfully requests that the City waive the $2,000 processing fee and future fees, usual and customary, to this process in recognition of the District as a public agency developing a new public resource within the City of La Quints. Coral Mountain Discovery Park is located at the corner of Avenue 58 and Jefferson Street, adjacent to Lake Cahuilla. This unique park will feature an Interpretive Center —a shaded outdoor installation with interactive interpretive displays, an amphitheater, fire pit, picnic tables, and restrooms. Other park amenities include an entry gate, parking for vehicles, and an accessible loop trail with orientation and interpretive signs around the developed, 123-acre portion of the park. The loop trail proposed for the developed segment of the park will link with other trails that provide access to the mountainous portion of the site, as well as connect to existing and planned city and regional trails. The City staff has been a tremendous help and extremely flexible in assisting us on this project. We are working under tight time constraints and thus far they have been diligent about moving this project forward on the fast track. Thank you for your consideration of our request and we look forward to your favorable response. Sincerely, Stan Ford, General Manager SF My DocumentsVa quints\ 2007\ council\ 07oct31 - Coral Mountain 11�6 / T CE`y OF94. MEMORANDUM DATE: DECEMBER 4, 2007 TO: MAYOR AND COUNCIL MEMBERS FROM: VERONICA MONTECINO, CITY CLERK RE: CORRECTION TO OCTOBER 23, 2007 CITY COUNCIL MINUTES Attached is Page 4 of the October 23rtl City Council Minutes with a correction as highlighted. 003 Joint City Council/Commission Meeting 4 October 23, 2007 INVESTMENT ADVISORY BOARD 1-C. DISCUSSION OF MATTERS OF JOINT INTEREST TO THE MEMBERS OF THE CITY COUNCIL AND INVESTMENT ADVISORY BOARD. PRESENT: Board Members Rassi and Ross, ABSENT: Moulin, Park, and Chairperson Denial Due to a lack of quorum, no meeting was held of the C:nFnFn0SSiAR Investment Adv1$"y'$oard.1 The following issues were discussed: Investment Plan LAIF amount Consideration of a CDAR program Concept of professional money management The City Council meeting was recessed. The City Council meeting was reconvened. COMMUNITY SERVICES COMMISSION 1-D. DISCUSSION OF MATTERS OF JOINT INTEREST TO THE MEMBERS OF THE CITY COUNCIL AND COMMUNITY SERVICES COMMISSION. PRESENT: Commissioners Brodsky, Gassman, Leidner, Quill, Sylk, Chairman Weber ABSENT: Commissioner Long Chairman Weber stated staff has prepared a good overview of the matters discussed by the Commission this year. The Commission has reviewed input from the community which indicated they are happy with the direction the City is going; stated staff is essential in the success of receiving positive feedback from the community; and surveys and studies demonstrate the need of additional open space and trails. The following issues were discussed: Overuse of the soccer facility 019 4r u COUNCIL/RDA MEETING DATE: December 04, 2007 ITEM TITLE: Demand Register Dated December 04, 2007 RECOMMENDATION: Approve Demand Register Dated December 04, 2007 BACKGROUND: Prepaid Warrants: 75644 - 75665) 65,034.26 75666 - 75674) 48,112.54 75675 - 75675} 1,229.60 75676 - 75676} 1,229.60 75677 - 75679) 1,437.06 Voids} (29,538.70) Wire Transfers} 588,767.08 P/R 34083 - 34099) 204,015.18 P/R Tax Transfers} 57,401.19 Payable Warrants: 75680 - 75822) 1,026,616.63 $1, 964, 304.44 FISCAL IMPLICATIONS: Demand of Cash -City $1,366,889.88 Demand of Cash -RDA $597,414.56 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING John M. Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 11/14/07 - 11/27/07 11/14/07 WIRE TRANSFER - WATERCOLORS $103,000.00 11/16/07 WIRE TRANSFER - LANDMARK $100,000.00 11/19//07 WIRE TRANSFER - LANDMARK $144,663.83 11/19/07 WIRE TRANSFER - PERS $55,103.82 11/19/07 WIRE TRANSFER - ICMA $8 281 23 11/27/07 WIRE TRANSFER - LANDMARK $177 718 20 TOTAL WIRE TRANSFER OUT $588,767.08 '' 012 N r I I OV I I b P N O O V N O O \ I YJ I p p V V N O O N m O N m I U Q I w w O I W H I p p N m O O m N n O N O I SO 1 WNm I I O O V •D .0 N N V N O O w I I > > m N o z 1 I O 2 I I I I W H I I W 6' I 1 6 O I 1 a I z I 0. I z I Z. 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RECOMMENDATI AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to enter into an Amendment to the Professional Services Agreement (PSA) with Traffex Engineers, Inc. (Attachment 1) extending the term for two and one- half months, making the expiration date June 30, 2008, and increasing the contract amount by $35,000 to provide traffic engineering services. FISCAL IMPLICATIONS: The existing PSA expires on April 14, 2008 for a contract amount not to exceed $60,000. The proposed Amendment to the PSA would make the total contract not to exceed (NTE) amount $95,000. The Fiscal Year 2006/2007 budget contains sufficient funds in Account Number 101-7005-431.32.07 and Account Number 101-7005- 431.32.10 for contract traffic engineering services. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 15, 2003, the City Council approved a one (1) year PSA with Traffex Engineers, Inc., following receipt and review of nine (9) proposals from consulting traffic engineers in accordance with City Council Resolution 96-80. On April 14, 2004, the City Council approved a two (2) year PSA with Traffex Engineers, Inc., to continue providing traffic engineering services to the City. This agreement expired on April 14, 2007. 1,� 058 On March 6, 2007, the City Council approved an Amendment to the PSA with Traffex Engineers, Inc. extending the term for a period of one (11 year in an amount not to exceed $60,000 to provide traffic engineering services. The Public Works Department is in the process of recruiting for a full-time Traffic Engineer. It is not known when the position will be filled. In the interim, it is staff's desire to continue to utilize a contract traffic engineering firm or firms until such time as a full-time traffic engineer has been hired and is in place. Staff proposes an amendment to the PSA extending the term of the Traffex Engineers, Inc., contract for an additional two and one-half months, through June 30, 2008, for an additional $35,000 with a total contract not to exceed (NTE) amount of $95,000. The City reserves the right to terminate the Agreement at any time upon thirty days written notice to Traffex Engineers, Inc. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to enter into an Amendment to the Professional Services Agreement (PSA) with Traffex Engineers, Inc. extending the term for two and one-half months, making the expiration date June 30, 2008, and increasing the contract amount by $35,000 to provide traffic engineering services; or 2. Do not authorize the City Manager to enter into an Amendment to the Professional Services Agreement (PSA) with Traffex Engineers, Inc. extending the term for two and one-half months, making the expiration date June 30, 2008, and do not increase the contract amount by $35,000 to provide traffic engineering services; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. J as P.E. Public Work Dire for/City Engineer 0 5-9 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Amendment to Professional Services Agreement 060 Sheetl of 1 PROFESSIONAL SERVICES AGREEMENT: Interim Traffic Engineering PROJECT NO. Services CONSULTANT: Traffex Engineers, Inc. Nazir Lalani, P.E. CONTRACT CHANGE ORDER NO. 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes ordo the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE The existing Professional Services Agreement {PSN expkes on April 14, 2008. This charge order *11 extend the PSA for an additional 2'/ months or 77 days, making the expiration date June 30, 2008, and approve additional funding in the amount of $35,000.00 to cover expenses for these services through June 30, 2008. ##**4Rf4R*fk*##*f4*RAR#4k!*!*l4RRR4#**A*k#*t*4#k###*R**#k##*R#**#Rt#!W***f**fW***kfkf**f#f Previous Contract Amount $60,000.00 Add this Change Order No. 1 35 000.00 Revised Contract Total $ 95,000.00 By reason of this contract change order the time of completion is adjusted as follows: 77 days added to contract time. The original contract completion date shall be: 6/30MB *#***!*#*#*#*!!*#R*#*###kkR*k*R***#**rt#R*******##*R*R*kR***#*#rt****f*****#rt**k***R*k#***R* Submitted BY: Date: Approved By: Date: We, Me undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we willprovide all equipment, famish ad materials, perform all labor, except as maybe noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amountshown above. Accepted 1 Title: CCl i F� Date: t ,, IIIW 061 T-df 4 4 a" COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map for Parcel Map No. 33991, Mark P. Green, An Unmarried Man RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map for Parcel Map No. 33991, Mark P. Green, an unmarried man. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33991 is generally located south of Calle Chillon and east of Avenida Obregon (Attachment 1). This residential development will consist of two parcels on approximately 0.46 acres (Attachment 2). On December 1, 2005, at a Director's Hearing, the Community Development Director approved Tentative Parcel Map 33991. The developer has requested the City Council's conditional approval of the Final Map which will allow thirty (30) days for completion of its processing. The Final Map is technically complete and is being routed for signatures. It is expected that all signatures will be in place within the time allowed for its conditional approval. 062 As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map. The approval is contingent upon receipt within thirty (30) days (January 3, 2008), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk). 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. If the required item is not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution of the City Council granting conditional approval of a Final Map for Parcel Map No. 33991, Mark P. Green, an unmarried man; or 2 Do not adopt a Resolution of the City Council granting conditional approval of a Final Map for Parcel Map No. 33991, Mark P. Green, an unmarried man; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. JoQjsso .E. lic Works Direc /City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Final Map 063 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 33991, MARK P. GREEN, AN UNMARRIED MAN, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 064 Resolution No. 2007- Mark P. Green, PM 33991 Adopted, December 4, 2007 Page 2of3 Section 1. The final map for Parcel Map 33991 is conditionally approved provided the subdivider submits all required items on or before January 3, 2008. 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. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 3, 2008. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4`h day of December, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 065 Resolution No. 2007- Mark P. Green, PM 33991 Adopted: December 4, 2007 Page 3 of 3 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 r., 066 Attachment 1 E N 067 ATTAC HM EP h [ 9 cGwb Q1, a ��':t`, lit 6 a QyQy��� € F�n � � �7�b �4dY I co �� y �� �3yIt RA �a 5Q 2�52�5 gg 3 mob. L tl jet Rg�g :Ftig�bg, J �< v oa. 3g g4 a4b8i KE ��ekg2 bb N y abb 1 W pbgYq• b6 t Cg1 � I R a, h LLLL gg'y'y p '��qpa p� bbpS C e µl� ObY�o'2€8�gi OL— n @g 1 u g n TW will b 4 $ qg P4 ffd w� �i�3 e gg g X!� IT 2 E I 1 I I I I I I I I I I I l I I I 1 I I I 1 1 I I I I I I I I I I I I I 1 I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I 1 1 I l 1 1 I I I I I J______I_____r____1_____1_____I-____ L____,_____r____ I 1 I I I I I I I I I 1 I I I I I I I I I I I I I I I l w Y q i - 1 � n 1 • 1 '� I n 1 � 1 e I a I I I � 1 4 I I I I I I I I I I I I I I ICO♦ _L-1y���.�ry�_/Iy^ y/_�L���y_1 M YG/�YWYJ YVNFI IY it �F).99'999 M.9f.°�1LtlS Sa 'R 6 I ,M 661 M, 6,oaCOS I I m I I I I I I °Ijc _.___—I__ sbnr -- ---r- -------- et S�W l �I N� Jlt JizC W 1 1 I 1 1 i`. !J��QI _ "8 W1i9k o" Ia.a �W yi°ala O m I 1 U 5C3 1 fb 66 8666 m� I l _L _L � /r ,/6'6G( 2Si3O.1gN/ I /N).099 /I,SI.M4b5 (IY).([IIS9 .11f1,�[tl5 AUK vet r m I I I I 1 I I I 1 I I I I I I 1 1 1 I N I I I 1 I I I m I J I I I I -r----7 12 Sh C� T'&f ot 4 a" COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30378, Polo Orchards, La Quinta Polo Orchard Partners, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 30378, Polo Orchards, La Quinta Polo Orchard Partners, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30378 is located south of Avenue 51 and west of Madison Street (Attachment 1). This residential development will consist of 8 lots on approximately 9.14 acres (Attachment 2)• On June 8, 2002, the Council approved Tentative Tract No. 30378. A final map was originally submitted in June 2006 with numerous technical issues that have now been resolved. The developer has requested the City Council's conditional approval of the Final Map which will allow thirty (30) days for completion of its processing. To date, the SIA 070 (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. It is expected that the associated securities and 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 conditional approval of the Final Map and SIA. The approval is contingent upon receipt within thirty (30) days (January 3, 2008), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30378, Polo Orchards, La Quinta Polo Orchard Partners, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30378, Polo Orchards, La Quinta Polo Orchard Partners, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, jothy R. Jon ss n P.E. Public Works re r/ City Engineer 071 Approved for submission by: (1 2" 1 /,/ I �-' -le�� � Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 30378, LA QUINTA POLO ORCHARD PARTNERS, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. 073 Resolution No. 2007- Tract Map No. 30378, Polo Orchards Adopted: December 4, 2007 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 30378 is conditionally approved provided the subdivider submits all required items on or before January 3, 2008. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. C. Pay Required Quimby Fees Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 3, 2008. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. 074 Resolution No. 2007- Tract Map No 30378, Polo Orchards Adopted: December 4, 2007 Page 3of 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 41h day of December, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California U111161:6ts 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 075 z O W W AVENUE 1 50 ATTACHMENT 1 T. 5S. T.6S. W OLD ORCI�RD LN. BONIT TRAIL Z 0 AVENUE ' 52 MKTY MAP NOT TO SCALE AVENUE 51 =::Ia07 F. DRIVE 076 ATTACHMENT 2 f � f { t 1 q�1�►Q �,v.'..,% r' a S�1 I,hQgtt� E► y k � p5 y ;h7. I q iite YEIaPS}a g 6 1p a q'!CQ a Q Qh IR°yli�,pgQ of q gIQ I Iq Ii ���qe q ypi����3 1 i Q ._,fs�" i:h6v Eq t� O i `e{Sxi �� N111; yIl i�YF iF� Q9 pp@ ;e ���a z {jiy;g ►Q . iE�46E[ Q► = ([i Q6� kii�+ �� z a�kk^iQyEyQ�((SySy �'� Qv �� ?6e1 Q 1? !i± Nq3 ' ?iQ199 fly tE�eai�SS �f€Q iJ 0 � a1110 B� K �o 0(0 °cImz3 j.yPr Qqa �Q q^ i Q Sgg: Q Isin lip /d No �W {}y aa9q iq i q1 1��4 f P et � M,P7 VA.; yy �q� I��yYy g! gge Qi' F Q'Aga B3 �I t SSSq h 4 !�! �E;f$p� !g S Sq►{ �@ �,q �yy J�IJill �a6 Etg� tl eQ, E� g gi i = Y k.1, 4 f! a �.1' e Pa 4qg gFpq � F Y ►f elEi 1'FS�jP ji � cagy ��ggg4 ►g 9 S Y ti P•1 �t ai S3 Y'p 'EP42; �QQ�agE aE CJ 600 a R � Z U i •� '' ; 133NI5 NOSIOtm' • �t I � • 1 .t, • I •�I � J ro• to m�I Z I p 1 :��• __ ` it � I .,1� it �.• FL. r 4� (•' �(; �� h2� 2 s I - 1 1_i (l33tlLS IlYNbd) � � �R 'i • 3Nv7 OdWONO 070 `ti'7 — Ir^I^lals➢o?lemma. LL^. �,.i �� n _ ib:,�( o-- - _�— i9Nl'L6569Bt'F1'N I OL 191 s, nsc�.,odiuoz_— K191 i 91LK'9W'!il p 4sh £;o i W3�I Q- � anim 3d� 0 1078 ATTACHMENT 3 CITY OF LA QUIN IA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.30378 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the 'A reement") is made and entered into this ((r day of NodEMAey- , 20 Oi by and between LA QUINTA POLO ORCHARD PARTNERS, LLC (a California Limited Liability Company) hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS, A Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Qwnta, County of Riverside, which unit of land is known as Tract No. 30378 (the "Tract") pursuant to the provisions of Section 66410, et sec of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1 Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer 2 Improvements Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer 3 Improvement Security A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of,lmprovements which have been or will be constructed by others ("Participatory Improvements'), and payment of plan check and permit fees A second class of security to be provided by Subdivider, hereinafter referred to as ,.payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act As Part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. InF=STF ia, 0lg 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 664992 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 U At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty go-, •, . " , ..�i - r e�„ .,, c a,. —�9., ara E"ahon�. 11't_Sin eaa 10 O89 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 hen, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty TTevelopment Senores Dm,sirh\Dece1epmah1 PrpteM1 greamanta\SIA\SIAsin Progress\OId Orchard EstatesOFrSITE SIA doe O181 A , ly7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider, If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise Improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7 Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. T ipevelopmeni Services OimeioniOvnopmenl ProiectSWgreemWWSSIAiSIAs to Progresvi0ld Orchard E51a1ee\OFFSITE SIA doc A." A8r Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council 11. Revisions to Plans When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12 Improvement Warranty Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials 13 Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14 City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15 Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16 No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain In effect and shall control. 17 Severability In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect 18 General Provisions A All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. r,-F1,.��P��z ��,_�9.,.r,�3,az,o�,s�,_sP��� d,,83 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 Slate 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 Qulnta 78-495 Calle Tampico La Quinta, CA 92253 7601777-7075 Thomas P. Genovese, City Manager ATTEST Clerk Date Developer Addresses La Qulnta Polo Orchard Partners, LLC 74785 Hwy 111; Ste 100 Indian Wells, !;A-822'tf1--� B / Dale title\ Ae: E, By Title: Reviewed and Approved: City Engineer Date Approved as to Form. City Attorney BaF.9c✓,F,q-F SI Oac •;,�V4 a, Exhibit A OFF -SITE SECURITY —TRACT MAP NO. 30378 Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 7,525 $ 7,525 Street Improvements $ 336,795 $ 336,795 Storm Drain $ 9,440 $ 9,440 Signing and Striping $ 10,361 $ 10,361 Multipurpose Trail $ 19,640 $ 19,640 6ft Wide Meandering Sidewalk $ 16,119 $ 16,119 Landscaping and Irrigation $ 25,000 $ 25,000 Totals $ 424,880 $ 424,880 Standard 10% Contingency $ 42,488 $ 42,488 Total Construction Cost $ 467,368 $ 467,368 Professional Fees, Design 10% $ 46,737 S 46,737 Professional Fees, Const 10% $ 46,737 $ 46,737 Bond Amount $ 560,841 $ 560,841 ,1­ TFS,rr_ n�� , � 0 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cwifr ml i County/of On personally appeared ,rmel�tT9��1ei 11 personally known to me i�laI proved to me on the basis of satisfactory cli t 1\� CornrnUi)n; 16396c'9 Il ryGJ.. >-�.-� rdatary f+trUltc Ca'iYarntO Sun aentardino County i VCemm bp.lc-s Jan27,2070�r to be the persons) 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 signatures) on the Instrument the person(s), or the entity upon behalf of which the persons) :lciod eF/cu cd Ino Instrument 1A/NNE 5 Iny hand ar� ,Ifr: h-1 seal OPTIONAL — Though the mlonnabon below Is not required by law, R may prove Minable to persons lelymg on the document and could prevent fraudulent removal end reaftachmenl of this (don to another doountent Description of Attached Document Title or Type of Document Document Date _- _ _ Number of Pages Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer Signer's Name C Individual F Corporate Officer — Title(s) L_ Partner — ❑Limited OGeneral l F Attorney -in -Fact L Trustee G Guardian or Conservator — n Other Signer Is Representing � 1999 Nonmal N0111) Ae50Od1 w 9350 De Sob Ave, P O DOA 2407 - 1hat,w11 CA 91, 112u2-w Ni olq P,o0N05907 R,', Cell To0.Free I -ROD 5]6602) I • / CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 30378 ON -SITE IMPROVEMENTS THIS SUBDIVISION AGREEMENT (the "Agreement") is made and entered Into this _ l� day of N�VFJ�181W 20 427 by and between LA QUINTA POLO ORCHARD PARTNERS, LLC (a California Limited Liability Company) hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS' A. Subdivider has prepared and fled 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 30378 (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 furnish original improvement plans meeting the requirements of the City Engineer 2 Improvements, Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer 3 Improvement Securely. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements'), and payment of plan check and permit fees A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured T\Oavelapment S.m. Oidr,.d Oevelopmanl ProleclsWgraemenls\SIA\41A5 in Progress\Old Orchard EslaleslONSITE SIA C. 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 stale, 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. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty i Ym,coo,,r v own. ,nd, ?',mv,^P iwgeP^Wq_memr ..,StiI PI',",9? d Or_Y,ac E -tat asAU95iTr $ACO, 088 1 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 3.6 , 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 &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 Partcipatory 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 rash and Subdiwder's Surety shall pay to City the lesser of 1) the amount demanded, or 2) the amount of the security. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested G Security shall be released in the following manner 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty i lCevelppmen15erv,ces O,ns',anl0evelopmenl Pmlee�sNgreemen�s151A151As in PmgressOd Orchard EMM.l ONSITE SIA d. r . 089 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 heremabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9 Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec of the Subdivision Map Act and of the La Quinta Municipal Code Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10 Final Acceptance of Improvements At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. I­v. F.v•nrIn, S1(5 E,t11.0N51'c 5,4I1oC 090 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11 Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14, City Right to Cure If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect 15 Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees 16. No Modification of Conditions This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval, In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporatedherein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control 17. Severability In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect 18, General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto i \Daoelopmen15erv¢es Dwision\Develogmenl ProiectsWgrsements\SIAnAs in Progress\Old Orthard Estdtes\ONSITE SlA ooc h (� 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 of La Quinta 78-495 Calls Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Developer Addresses La Quinta Polo Orchard Partners, LLC 74785 Hwy 111; Ste 100 San Jose CA Date Title By: Title Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date sCa0eha."L-1,-,_"15F[ SI11l1 �r�ri CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `halo of (;ahio,r'a n Conty cl _I/l_Ilf'Jlh ,� //!� W'yNd lr"q �!_ P11/i personally lutov n to me I in nie on the bass of sttllst,relory E. ndr.nro NANCY PACHLCO Commission ,i 16396ti9. Norobr FoUl:c- Ca:dorn'a �'- "t Son M-noldll'lo Coin ul' p ( fJy Qrmm C'P'!toa Jim2i 2010 to he the pe'son(sl Miosc: nnmc(=.) r:'are subscnhEri to Inu mthnl msirumE`I'd and achncw,jedged to one ihal iic5ne'thev e<euwcci lhc. saran In hisrher;heu aWhonzed capanlynes(. .Ind thai by hisiheldhol SICjnOtllfe(S; Dn the ❑ISirlllllerl( 'ne porslWsl 01 0W, entry upon bahall of ;,Mich the Person(e) acr£d, e Lite I the mstrumerit bNliPI n'Iv h'mri ,y.1r' o Ilcidl, eal. ,nr OPTIONAL Tnouyh the rnlonnaoon below rs or regmred by law, 1 may prove valuable to persons relying on the document and could prevent traudurel removal cod ropllachmenf or fhti form to arolher documeor Description of Attached Document Title or Type of Document. Uoca nenl Date - _ Numberot Pages' .-_- Signer(s) Other Than Named Above, Capacity(ies) Claimed by Signer Signer's Name. '-1 Individual Corporate Officer —Tdle(s). Partner —Ll Limited : General C Attorney -in -Fact L Trustee 11 Guardian or Conservator C Other; Signer Is Representing _ . -_ i I �14'19Nn:mnal Nolory/ssonal rnr 93500o5oro A,e,POBox2402•Chnrsxol:P, GABlgf2-2a92 wxwNalionalrv'olaryo'9 Food No599> RoorWr CoIJ Toll rrre l 600 676-5027 4 093 Exhibit A ON -SITE SECURITY — TRACT MAP NO. 30378 Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 87,195 $ 87,195 Street Improvements $ 164,883 $ 164,883 Storm Drain Improvements $ 34,246 $ 34,246 Domestic Water $ 39,410 $ 39,410 Sanitary Sewer $ 38,570 $ 38,570 Landscaping $ 10,000 $ 10,000 Dry Utilities $ 41,760 $ 41,760 Monumentation $ 10,000 $ - Totals $ 426,064 $ 416,064 Standard 10% Contingency $ 42,606 $ 41,606 Total Construction Cost $ 468,670 $ 457,670 Professional Fees, Design 10% $ 46,867 $ 45,767 Professional Fees, Const 10% $ 46,867 $ 45,767 Bond Amount $ 662,404 $ 549,204 _. i, "Ili 11 1 "1 - . , "i ,, 9 , nI "a orVll,�GtiarC Y+ f 1 X *Z� 110820SUVE911 1 0991111&1 TO: The Honorable Mayor and Members of the City Council VIA: h y"Thomas P. Genovese, City Manager FROM: 64nothy R. Jonasson, Public Works Director/City Engineer DATE: December 4, 2007 RE: Conditional Approval of a Final Map for Tract Map 30378, Polo Orchards Consent Item Number 4 of this evening's Council Agenda is consideration of conditional approval of the above mentioned Final Map. Attachment 2 of the agenda packet shows the street name "Old Orchard Lane" on the final map. Because there is an existing street in La Quinta already named "Orchard Lane", the Planning and Fire Department request the applicant select a different street name. If the City Council conditionally approves the aforementioned final map, staff believes a new street name can be approved within the 30 day "conditional map approval" time period. 093 Titlr44a4UMrw COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Approval of a Finance Agreement Between the City of La Quinta and the La Quinta Redevelopment Agency Relating to the Acquisition Costs for Nine Acres Located on South Side of Highway 111 and East of Dune Palms Road and Appropriate General Funds for the Acquisition Costs RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Finance Agreement (Attachment 1) between the City of La Quinta and the La Quinta Redevelopment Agency and appropriate $9,378,966 from the General Fund Reserve. FISCAL IMPLICATIONS: This Finance Agreement facilitates a $9,378,966 loan from General Fund Reserves to the La Quinta Project Area No. 2 Redevelopment Fund. These funds will reimburse the Project Area No. 2 Housing Fund for direct costs and interest expenses associated with the purchase of 19.97 acres of real property located south of Highway 1 1 1, west of the Costco center, in Project Area No. 2. This loan will accrue interest at the City's Local Agency Investment Fund rate. (The City Attorney is investigating whether a rate of interest more favorable to the City is legally appropriate; if it is, the rate will increase). The Agency will repay this loan through a combination of land sale proceeds and Project Area No. 2 non -housing tax increment revenue. Staff anticipates the loan will be repaid in 11 years. The anticipated interest cost is $2,137,000. BACKGROUND AND OVERVIEW: In March 2007 the Agency purchased a 19.97 acre parcel located directly west of Costco in order to increase its affordable housing inventory. At the time, the Agency envisioned that a portion of the site would be used for commercial development. The Agency did not know, however, if the commercial uses would be mixed with the residential development (a mixed -use project) or if the property would be subdivided into two separate parcels. Subsequent site planning activities 096 indicate that approximately nine acres (adjoining Highway 1 1 1) should be exclusively used for commercial development. Since the Agency purchased the entire property with Housing Fund tax increment revenue, staff is recommending the funds used to acquire the nine acres that will now be designated for commercial use, be replaced with non -housing funds. Since the Project Area No. 2 Redevelopment Fund does not have sufficient revenue, staff is further recommending the Agency secure a General Fund loan which will be repaid from Project Area No. 2 non -housing revenue. The costs incurred to date associated with the 9.0 acres entail $9,029,851 in land purchase expenses, $32,502 in appraisal, site clearance and permit fee expenses and $316,613 in interest expenses. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Finance Agreement between the City of La Quinta and the La Quinta Redevelopment Agency relating to the acquisition costs for nine acres located on the south side of Highway 111 and east of Dune Palms Road and appropriate $9,378,966 from the General Fund Reserve, subject to a potential change in interest rate as referenced above; or 2. Do not approve a Finance Agreement between the City of La Quinta and the La Quinta Redevelopment Agency relating to the acquisition costs for nine acres located on the south side of Highway 111 and east of Dune Palms Road; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. Evans Assistant City Manager -Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Finance Agreement 097 ATTACHMENT FINANCING AGREEMENT THIS FINANCING AGREEMENT ("Agreement") is made and entered into this 4th day of December, 2007, by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic ("Agency"), and the CITY OF LA QUINTA, a charter city and municipal corporation ("City"). RECITALS WHEREAS, Agency is a public body, corporate and politic, organized under the California Community Redevelopment Law (Health & Safety Code § 33000 et sue.); and WHEREAS, City is a municipal corporation and a charter city of the State of California organized and existing under the Constitution of the State of California; and WHEREAS, in March 2007 the Agency purchased a 19.97 acre parcel located directly west of Costco in order to increase its affordable housing inventory and now Agency desires to secure a General Fund Reserves loan from the City, which will be repaid from Project Area No. 2 non -housing revenue; and WHEREAS, City and Agency mutually desire to enter into this Agreement to set forth their respective obligations with respect to the City's agreement to loan the Agency the sum of the Loan Principal (defined below) for the purpose of reimbursing the Agency's Project Area No. 2 Housing Fund for direct costs and interest expenses associated with the Agency's purchase of 19.97 acres of real property located south of Highway 111, west of the Costco center, in Project Area No. 2; and WHEREAS, the loan financing set forth herein shall be repaid by the Agency with a combination of land sale proceeds and Project Area No. 2 non -housing tax increment revenue; and WHEREAS, no portion of the loan funds are to used for any purpose not permitted by Health and Safety Code Section 33445 as such code section exists on the date of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained, Agency and City agree as follows; Section 1. City Loan; Interest; Use of Loan Principal. City hereby loans to Agency the principal amount of Nine Million, Three Hundred Seventy -Eight Thousand, Nine Hundred Sixty -Six Dollars ($9,378,966) ("Loan Principal") from General Fund Reserves. Interest shall accrue on the outstanding Loan Principal at the earning rate of the City's Local Agency Investment Fund rate, and shall be adjusted quarterly. The Loan Principal shall be used for reimbursing the Agency's Project Area No. 2 Housing Fund for direct costs and interest expenses associated with the Agency's purchase of 19.97 acres of real property 2156/015610-0103 866407 01 a11/30/07 located south of Highway 111, west of the Costco center, in Project Area No. 2. No portion of the Loan Principal shall be used for any other purposes. Section 2. Repayment. The Loan Principal and the accrued interest shall be repaid by Agency over an 11-year period in annual installments from a combination of land sale proceeds and Project Area No. 2 non -housing tax increment revenue. The first annual installment shall be prorated for the period from the date of this Agreement to June 30, 2008, and shall be paid to City not later than July 31, 2008. The amount of the annual installment shall be identified in the annual adoption of the budget or through a subsequent appropriation of the Agency Board of Directors. Subsequent annual installments shall cover succeeding fiscal year periods and shall be payable by the July 31st following the end of a fiscal year (i.e., second annual installment shall be for the period July 1, 2008 through June 30, 2009, and shall be payable by July 31, 2009). Agency shall be entitled to repay all or part of the Loan Principal at any time with no other charges, fees, or penalties. All amounts due under this Agreement shall be payable at the offices of City. Section 3. Subordination. The repayment of the Loan Principal by Agency shall be junior and subordinate to all Agency obligations incurred prior to the date of this Agreement. Section 4. Non -Recourse Obligation. No officer, official, employee, agent, or representatives of Agency shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, employee, agent, or representative. Section 5. Entire Agreement; Amendments. This Agreement shall constitute the entire agreement of the parties. This Agreement may be amended or modified only by an agreement in writing signed by the parties. [end — signature page follows] 2156/015610-0103 866407.01 all/30/07 099 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives, as of the date first above written. "AGENCY" LA QUINTA REDEVELOPMENT AGENCY am ATTEST: Secretary APPROVED AS TO FORM: Agency Counsel Chairman "CITY" CITY OF LA QUINTA By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2156/015610-0103 log 866407 01 al 1/30/07 Tw it 4 a 4 � OWA rai COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Approval of a Cooperative Agreement with the State of California for the Relinquishment of State Route 111 Within the City of La Quinta Jurisdictional Boundaries RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: —42 STUDY SESSION: PUBLIC HEARING: Approve a Cooperative Agreement (Attachment 1) with the State of California for the relinquishment of State Route 111 within the City of La Quinta jurisdictional boundaries and authorize the Mayor to execute the Cooperative Agreement on behalf of the City. FISCAL IMPLICATIONS: The State has agreed to provide the City a payment of $700,000--provided that sum is approved by the California Transportation Commission (CTC)--in return for the City's acceptance of the relinquished facilities. The City's acceptance of the relinquished facilities requires the City to assume full responsibility for maintenance, ownership, control and liability in perpetuity. Therefore, Highway 111 will become a City owned, managed, and maintained street, and the city will be responsible for the costs associated with Highway 111. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 4, 2005, the City Council considered the advantages and disadvantages associated with assuming control of Highway 111 within the City of La Quinta. During its discussion the City Council addressed Caltrans' relinquishment proposal and expressed interest in proceeding with the relinquishment process. On April 18, 2006, the City Council adopted a Resolution supporting the City's intention to take over State Route 111 within the City of La Quinta jurisdictional boundaries from the State of California. Senate Bill 224, Highway 111 Relinquishment, sponsored by Senator Battin, was signed into law by the Governor on October 14, 2007. The bill will take effect on January 1, 2008. The CTC is tentatively expected to consider the Cooperative Agreement during its meeting on January 9 and 10, 2008. The Cooperative Agreement, among other things, outlines the agreed upon funding provisions, and other terms and conditions in which Caltrans will relinquish and the City will accept the facility. The Cooperative Agreement is a state form agreement that is very similar to the agreements entered into by various agencies. The Agreement has certain provisions that the Council should be aware of. With regard to the proposed payment of the $700,000, it should be noted that the amount of the reimbursement will be determined by the CTC's action. The amount recommended to the CTC will be $700,000. However, by the express terms of the Agreement, the City agrees to accept CTC's determination as to the amount. In addition, the payment is subject to appropriation by the Legislature. The State was not willing to modify these provisions. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Cooperative Agreement with the State of California for the relinquishment of State Route 111 within the City of La Quinta jurisdictional boundaries and authorize the Mayor to execute the Cooperative Agreement on behalf of the City; or 2. Do not approve a Cooperative Agreement with the State of California for the relinquishment of State Route 111 within the City of La Quinta jurisdictional boundaries and do not authorize the Mayor to execute the Cooperative Agreement on behalf of the City; or 3. Provide staff with alternative direction. 102 Respectfully submitted, r� d oT� othy R. Jon sson Public Works irector/City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachment: 1 . Cooperative Agreement ATTACHMENT I District Agreement No. 8-1360 08-Riv-I I I -PM 32.31/34.26 Highway Relinquishment 19 p �O� ad@ In the City of La Quinta EA OJ5100 District Agreement No. 8-1360 RELINQUISHMENT COOPERATIVE AGREEMENT This Agreement, entered into effective on , 2007, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and the CITY OF LA QUINTA a body politic and municipal corporation of the State of California, referred to herein as "CITY." RECITALS STATE and CITY, pursuant to Streets and Highways Code sections 73 and 130, are authorized to enter into a Cooperative Agreement in order to relinquish to CITY a portion of a state highway within CITY's jurisdiction. 2. STATE intends to relinquish to CITY that portion of State Route I I I between Post Miles 32.31/34.26 as shown in Exhibit A, attached to and made a part of this Agreement, referred to hereinafter as "RELINQUISHED FACILITIES." CITY is willing to accept said relinquishment upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and STATE's recording of said Resolution in the County Recorder's Office. STATE and CITY have negotiated an understanding that STATE will continue to maintain the RELINQUISHED FACILITIES in a state of good repair until the date of recordation of the Resolution of Relinquishment. CITY will accept the RELINQUISHED FACILITIES in return for the payment of $700,000 in exchange for CITY assuming full maintenance, ownership, responsibility, control and liability in perpetuity, over the RELINQUISHED FACILITIES and for specific future improvements and betterments to be added by CITY including but not limited to the form of pavement rehabilitation, pavement overlay, shoulder widening, sealing cracks, drainage improvements, and Americans with Disabilities Act upgrades. The parties hereto intend to define herein the terms and conditions under which relinquishment is to be accomplished. DRAFT: November 7, 2007 1 ju` SECTION I CITY AGREES: ATTACHMENT 1 District Agreement No. 8-1360 1. Execution of this Agreement constitutes CITY's waiver of STATE's obligation to provide ninety (90) days prior notice of STATE's "Intention to Relinquish" as set forth in section 73 of the Streets and Highways Code. 2. To accept ownership, including all of STATE's current obligations, rights, title and interest in RELINQUISHED FACILITIES upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to STATE. To appear before the CTC, if deemed appropriate by CITY, to offer CITY's substantiation that the requested CTC allocation of the funds to bring the RELINQUISHED FACILITIES into a state of good repair is in the best interest of the public. 4. To accept that allocation, determined by the CTC to be in the best interests of the public in its Resolution of Relinquishment, as STATE's only payment obligation for this relinquishment of RELINQUISHED FACILITIES. SECTION II STATE AGREES: 1. To relinquish, upon the approval of the CTC's Resolution of Relinquishment, RELINQUISHED FACILITIES. 2. To forward and support CITY's request for the allocation of $700,000 by the CTC with the expectation that the CTC will determine that this or some other allocation is in the best interest of the public to improve RELINQUISHED FACILITIES beyond a state of good repair and in exchange for CITY assuming full maintenance, ownership, responsibility, control and liability in perpetuity, over the RELINQUISHED FACILITIES. To submit the CTC Resolution of Relinquishment to the County Recorder's Office for recording. To pay CITY, within thirty (30) days of the recordation of the CTC's Resolution of Relinquishment, that amount, if any, allocated by the CTC in its Resolution of Relinquishment. The payment of those funds will represent STATE's only payment obligation for the purpose of this relinquishment. 5. To transfer to CITY, within sixty (60) days of the recordation of the CTC's Resolution of Relinquishment, copies of all available STATE records and files for RELINQUISHED FACILITIES, including, but not limited to, plans, survey data and right of way DRAFT: November 7, 2007 2 103 District Agreement No. 8-1360 information. SECTION III IT IS MUTUALLY AGREED: All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of any funds by the CTC. 2. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction conferred upon STATE and arising under this Agreement. It is understood and agreed that STATE, shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 4. No alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. This Agreement shall terminate upon recordation of the CTC's Resolution of Relinquishment for RELINQUISHED FACILITIES in the County Recorder's Office, or on January 1, 2013, whichever is earlier in time except for those provisions which relate to a payment, indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement. SIGNATURES ON FOLLOWING PAGE: DRAFT: November 7, 2007 3 1 1 10 District Agreement No. 8-1360 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director am MICHAEL A. PEROVICH District 08 Director APPROVED AS TO FORM AND PROCEDURE: am Attorney, Department of Transportation CERTIFIED AS TO FUNDS: District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: 1.2 Accounting Administrator CITY OF LA QUINTA By: Mayor CITY Clerk APPROVED AS TO FORM AND PROCEDURE: By: CITY Counsel DRAFT: November 7, 2007 4 107 ATTACHMENT 1 District Agreement No. 8-1360 EXHIBIT A '.F�a IF4 amf� A'1a r1RYq Yl � (" t3da:5 RG5Y3vfl.' !1� a a t a �3• i $Rill II D 11_ SaU'I 1.;.19 flw^a r'.17 W ,,4 ¢ v u amE C 1 �sf ada � S F M}MYLY3S O , AtY Y31HL' DJF9• e_S ?a9 I- 103 v COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Approval of a Professional Services Agreement with Dudek to Provide Professional Engineering Services for the Avenue 58 and Eisenhower Drive Pavement Rehabilitation Improvements, Project No. 2007-18 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: r STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) (Attachment 1), in the amount of $69,795, with Dudek to provide professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Avenue 58 and Eisenhower Drive Pavement Rehabilitation Improvements, Project No. 2007-18, and the Golf Cart Route on Eisenhower Drive, Project No. 2007-09. FISCAL IMPLICATIONS: Avenue 58 (Madison Street to Jefferson Street) The following is the project's approved funding and funding sources: General Fund $1,219,006 Total Funding Available: The following is the anticipated project budget: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $1,219,006 $90,280 $69,967 $902,800 $45,140 $110,819 $1,219,006 LO9 t. 0 Eisenhower Drive (Avenue 50 to 1600 feet north) The following is the project's approved funding and funding sources: RDA Project Area No. 1 Total Funding Available: The following is the anticipated project budget: Design: Inspection/Testing/Survey: Construction: Contingency: Total: Phase I, (Part 1) Golf Cart Routes $620,501 $620,501 $42,125 $32,647 $421,250 $124,479 $620,501 The following is the project's approved funding and funding sources: RDA Project Area No. 1 Total Funding Available: The following is the anticipated project budget: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $456,000 $456,000 $45,600 $35,340 $283,860 $22,800 $68,400 $456,000 As illustrated, adequate funding is available to support staff's recommendation to award a PSA to Dudek to prepare the PS&E for the three projects outlined above. Due to the scope, nature and size of the improvements, staff believes designing the projects under one PSA is cost effective. However, the improvements located on Avenue 58 are planned to be advertised and constructed separately from the improvements on Eisenhower Drive. i.... 119 CHARTER CITY IMPLICATIONS: The Avenue 58 project is 100% locally funded. As such, the project will likely be bid as a non -prevailing wage improvement which may result in savings to the City. There also is a possibility that SB 1266 funding may be available which would require the project to be bid with prevailing wage requirements. The Eisenhower Drive project is funded with RDA Project Area No. 1 funds. As such, the project will be bid with prevailing wage requirements. BACKGROUND AND OVERVIEW: Avenue 58 Pavement Rehabilitation Improvements (Madison Street to Jefferson Street) The purpose of this project is to rehabilitate the pavement on Avenue 58 between Madison Street and Jefferson Street. In order to address the conversion of a former County road to the City's urban arterial street standard, Avenue 58 must be reconstructed with a new centerline profile and enhanced structural section. The project will not increase roadway capacity or include landscape improvements. However, all existing curb, gutter and driveways may be affected by the new centerline profile. All work will be performed within the existing street right-of- way. The design engineer will be requested to core the existing pavement section to determine pavement thickness and recommend the most appropriate and cost effective rehabilitation method. The City is also investigating the availability of State SB 1266 (Proposition 1 B) funds for this project. Eisenhower Drive Pavement Rehabilitation Improvements (Avenue 50 to approximately 1600 feet north (west side only) The proposed improvements include rehabilitating the pavement within the two southbound travel lanes, (approximately 32 feet wide) on the west side of Eisenhower Drive from Avenue 50 to approximately 1600 feet north. The design engineer will be required to core the existing pavement section to determine pavement thickness and recommend the most appropriate and cost effective pavement rehabilitation method. Phase I (Part 1) Golf Cart Routes, Project 2007-09 The proposed improvements include facilities that serve The Village. Phase 1 will include: Park Avenue, from Washington Street to Avenue 50; Calle Tampico, from Washington Street to Eisenhower Drive; and Eisenhower Drive, from Avenue 50 to Fernando, as well as a golf cart charging station within The Village parking lot. Of these improvements, staff proposes that the segment on Eisenhower Drive, between Avenue 50 and Avenida Fernando be designed as part of the Dudek contract. The remaining segments and charging station will be designed by others. On September 18, 2007, the City Council 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 Avenue 58 and Eisenhower Drive Pavement Rehabilitation Improvements, Project No. 2007-18 and appointed a consultant selection committee On October 2, 2007, the City Council adopted a Resolution of the La Quinta City Council making certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of RDA Project Area No. 1 funds for the Eisenhower Drive Pavement Rehabilitation Improvements, Project No. 2007-18. On October 18, 2007, the City received 19 proposals from qualified firms to design the Avenue 58 and Eisenhower Pavement Rehabilitation Improvements, Project No. 2007-18. Following its review, the Consultant Selection Committee unanimously recommended Dudek be awarded a contract to prepare the PS&E for these improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement (PSA), in the amount of $69,795, with Dudek to provide professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Avenue 58 and Eisenhower Drive Pavement Rehabilitation Improvements, Project No. 2007-18, and the golf cart route on Eisenhower Drive, Project No. 2007-09; or 2. Do not approve a Professional Services Agreement (PSA), in the amount of $69,795, with Dudek to provide professional engineering services to prepare 112 the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Avenue 58 and Eisenhower Drive Pavement Rehabilitation Improvements, Project No. 2007-18, and the golf cart route on Eisenhower Drive, Project No. 2007-09; or 3. Provide staff with alternative direction. Respectfully submitted, d othy R. J na on, P.E. Public Wor Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement (PSA) 113 ---- ---- - - 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 Dudek ("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 Avenue 58 and Eisenhower Drive Pavement Rehabilitation Improvements, Project No. 2007-18, and the Golf Cart Route on Eisenhower Drive, Project No. 2007-09, 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 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 Sixty-nine Thousand Seven Hundred Ninety-five Dollars ($69,795.00) (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 115 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 thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the 116 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 December 10, 2007 and terminate on May 31, 2008 (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: Bill Simons, P.E. Principal Engineer 75-150 Sheryl Avenue Palm Desert, CA 92211 Ph. (760) 341-6660 Fx. (760) 346-6118 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 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. 117 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. 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 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. 119 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, 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 129 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. 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 ,.;j 121 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 pertaininq 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 ) 122 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. 123 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 that 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. 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. 124 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. 125 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. v 126 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. +., 127 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. t; 128 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. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico To Consultant: Dudek Attention: Frank J. Dudek, P.E. President 605 Third Street i 129 P.O. Box 1504 Encinitas, CA 92024 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 ATTEST: Veronica J. Montecino, CIVIC, City Clerk Date 13,E APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT:DUDEK as Name: Frank J. Dudek, P.E. Title: President Date: 131 Exhibit A Scope of Services Consultant's scope of work related t Pavement Rehabilitation Improvements, Route on Eisenhower Drive, Project No this agreement. the Avenue 58 and Eisenhower Drive Project No. 2007-18, and the Golf Cart 2007-09 is attached and made a part of 4,,. 132 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultant's 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 Sixty-nine Thousand Seven Hundred Ninety- five Dollars ($69,795.00) except as specified in Section 1.6 - Additional Services of the Agreement. 133 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. 134 Exhibit D Special Requirements None. I :. 135 Exhibit A City of Lo Quints Avenue 58 and Eisenhower Drive Pavement Rehabilitation Proposal ASS OPEE Or SERVICES 1.0 ENGOiqEERING STUDIES AND TOPOGRAPHIC SURVEY 1.1 Project Kick-off Meeting We will begin the design related work through initiating a meeting with City staff to formalize the design approach. The meeting with be a review of project technical requirements and goals, design criteria, etc. and establish team roles, the communication network, contract management, and additional administrative tools. We will meet with City personnel during the development of the design and specifically request meetings at 50% and 90% completion. At the 50% complete meeting, we request a field inspection with preliminary plans in hand. At that meeting, any special construction or conflicts will be discussed. 1.2 Geotechnical Report Subsurface conditions will be explored for both project areas by core drilling the existing pavement in approximately 6 locations in project area I and 4 locations on project area 2. Engineering Analyses and Report. Five (5) bound copies of the geotechnical report will be provided 4 weeks after receipt of the signed contract. The report will describe the work performed and the subsurface soils conditions encountered, and present the findings along with the professional opinions regarding the project design. This report will address the following: • Surface and subsurface conditions in the project areas • Recommendations for pavement structural sections • Recommendations for the most appropriate/cost effective pavement rehabilitation method 1.3 Topographic Survey and Base Map Preparation The proposed alignments will be flown and digital topographic and orthophoto maps prepared. This effort will produce I-ft. contour intervals at 40-scale for a 188-ft. wide area. Dudek will set the control for the photogrammetry, provide alignment control through existing monuments and right-of-way extents incidental to the alignment corridor. Dudek will provide necessary field note reduction for ground survey and alignment, provide records research and analysis for right-of-way and provide as -needed survey services to locate existing surface features not shown on the orthophoto maps. Vertical datum used for the survey will be coincident with vertical datum used for other City projects to assure integration with existing and future projects. Using the digital and field verified information, Dudek will prepare a base map for each project area in AutoCAD 2004 format. The base map will include all above ground utilities (power poles, manholes, valves, etc.) The base map will form the basis for the preparation of all plan sheets at a scale of I" = 40'. 136 1.4 Locate Existing Utilities Using available utility maps obtained from utilities servicing the 2 project areas, Dudek will locate and plot the locations of existing utilities along the various alignments. Utility agencies and companies will be contacted to determine if they have any plans to construct new or upgraded facilities in the future. Any planned utility upgrades will be plotted and identified as future. 2.0 DESIGN ENGINEERING SERVICES 2.1 Preliminary Design — Concept Review The preliminary plans will show existing topography along the alignment, existing utilities based upon applicable utility owners' records, property line data, and most importantly, details of the pavement rehabilitation and how they tie into the existing improvements. Any recommended notes as well as any details showing quantities and special construction items will be included. The preliminary street design for project area I will include proposed centerline grades along the alignment, from the connection at Madison Street to the connection at Jefferson Street. High points, points of vertical intersection, low points, and a determination of the utilization of existing curb and gutter will all be included in the design review. The preliminary pavement rehabilitation design for project area 2 will include details of the proposed rehabilitation method as well as locations and limits of rehabilitation areas. Title sheet, general notes, cross -sections, data tables, pavement striping, and other features will be addressed in the 90% submittal stage. 2.2 Final Design and Construction Document Preparation Dudek will prepare drawings and specifications suitable for public bid. Street improvement and pavement rehabilitation plan and profile drawings will be prepared at 40-scale to City of La Quinta and Green Book Standards, and will show existing topography along the alignment, existing utilities based upon applicable utility owners' records, property line data, centerline top of pavement elevations, and top of curb elevations. The street will be designed to conform to the requirements as laid out in the Request for Proposal and as determined during the initial project meetings. In addition to plan and profile information, street cross sections will be shown at station intervals of every 100' and traffic striping plans will also be prepared. Other details will indicate compaction requirements and pavement restoration details. Bid documents and technical specifications using standard CSI format will also be prepared. The project team will prepare general drawings including typical coversheet, general notes, abbreviations and symbols, and general details. Additionally Dudek will provide construction cost estimating during the progression of the project. Engineer's opinion of probable costs (OPC) will be submitted to the City at each submittal. The accuracy of the OPC will reflect the progress of the design project and percentage complete. 137 2.3 Deliverables and Reviews Preparation of Deliverables includes internal QA/QC prior to each submittal. The principal in charge will carry out a detailed review of the project team's work including any subconsultant work. Deliverables at 50% and 90% progress submittals will include up to five (5) full-size sets of progress prints (24" x 36"), five (5) sets of technical specifications, and five (5) copies of the current CPC. Any comments from the review meetings will be incorporated into the subsequent submittal and the final submittal will include one copy of signed mylars, ten (10) sets of bound plans and specifications and a copy of the final cost estimate. Electronic copies of the drawings in AutoCAD© format, the project specifications in WORD©, and the engineers estimate in EXCEL© will be provided. 3.0 BIDDING SERVICES 3.1 Bidding Services During the bid phase of the Contract, Dudek will attend a pre -bid conference job walk for potential bidders, respond to inquiries relative to design issues and prepare and furnish the City with any revisions required. The issuance of bid documents, plans and specifications and any addenda shall be performed by the City. 139 Dudek EXHIBIT B Engineering Services December 4, 2007 COST PROPOSAL City of La Quinta City of La Quinta Avenue 58 Pavement Rehab 139 Page 1 d 1 { O C_ \ O e O l _r. a ! o 0 a cME-1 i Lj 3 3 i e o o m m m m n e n n n n n n n m o o m m o m m m m $ o 0 0 LL LL E E E E$ E r LL LL 3 3 LL LL 3 3 3 3 3 T o o C a P o a a �• i, i, i, a. i. a i. 9 i. % i. �p N N to N m n M m M m N CI N Cl m [n m m N Cl E n v � N m � m U` g i s E a m m ` o E u O1 a m o m m `yO c c U m a c 2 E d a E c _` E .°a G m E a° 3 r (j E E E v w v v a:m c° vc m n E o° CF e E o o a n v r a w G w G a' U m 0 ® I'I I'I ICI I-11'I ICI 1=1 I°I 1°I I N M< m m n m m � : � NK jN N N N T-;,.r 4 44&rw COUNCILIRDA MEETING DATE: December 4, 2007 ITEM TITLE: Approval of a Contract and License No. 07-07-34-L1515 for Authorization from the Bureau of Reclamation to Construct the Avenue 52 Bridge Widening Improvements, Project Number 2005-02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Contract and License No. 07-07-34-1-1515 for authorization from the Bureau of Reclamation (BOR) to reconstruct and widen the Avenue 52 Bridge spanning the Coachella Canal, and authorize the City Manager to execute the Contract and License No. 07-07-34-L1515 on behalf of the City. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: APP Fund Transportation DIF Total Funding Available: The following is the anticipated project budget: Design: Professional: Construction: Inspection/Testing/Survey: Administration: Contingency: Total: $200,000 $2,148,875 $2,348,875 $250,000 $48,750 $1,491,488 $ 300, 000 $48,750 $209,887 $ 2,348,875 CHARTER CITY IMPLICATIONS: The 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 Avenue 52 Bridge, spanning the Coachella Canal, is located on Avenue 52, between Jefferson Street and Madison Street (Attachment 1). The proposed improvements will widen the existing roadway, approaches, and bridge from 2 to 4 lanes (86 feet in width), including, but not limited to, bridge widening, street improvements, curb, gutter, sidewalk and median island improvements. On May 17, 2005, the City Council adopted a Resolution approving the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Program (CIP). The design phase of the Avenue 52 Bridge Improvements was included within the adopted CIP and scheduled for funding during Fiscal Years 2005/2006 and 2006/2007. On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through 2010/2011 Capital Improvement Program (CIP). The construction phase of the Avenue 52 Bridge Improvements was included within the adopted CIP and scheduled for funding during Fiscal Years 2006/2007. On December 6, 2005, the City Council 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 Avenue 52 Bridge Improvements, Project No. 2005-02, and appointed a consultant selection committee. On March 21, 2006, the City Council approved a Professional Services Agreement (PSA) in the amount of $198,140, with LAN Engineering Corporation to prepare the Plans, Specifications, and Engineer's Estimate (PS&E) for the Avenue 52 Bridge Improvements, Project Number 2005-02. On February 6, 2007, the City Council adopted a Resolution authorizing the City Manager to execute a Certificate of Acceptance of a Grant Deed for street and public utility purposes from Prices Nursery and Garden Supply associated with Site Development Permit 2001-722. The Contract and License No. 07-07-34-1-1515 (License) from the BOR authorizing the City of La Quinta to reconstruct and widen the existing Avenue 52 Bridge spanning the Coachella Canal is provided for the City Council's consideration 142 (Attachment 2)• The license, among other things, grants the City an easement for the purpose of widening the two-lane bridge and roadway to a four -lane bridge and roadway with associated curbs, medians and sidewalks, within, on, over and/or across the Coachella Canal. The license provides for an initial 25-year term, with an additional 25-year extension available. In addition to the City's execution of the original License, the City Clerk will be required to provide a certified "Minute Order" that clearly identifies the project and the official authorized to execute the License. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract and License No. 07-07-34-L1515 for authorization from the Bureau of Reclamation (BOR) to reconstruct and widen the Avenue 52 Bridge spanning the Coachella Canal, and authorize the City Manager to execute the Contract and License No. 07-07-34-L1515 on behalf of the City; or 2. Do not approve a Contract and License No. 07-07-34-1-1515 for authorization from the Bureau of Reclamation (BOR) to reconstruct and widen the Avenue 52 Bridge spanning the Coachella Canal, and do not authorize the City Manager to execute the Contract and License No. 07-07- 34-L1515 on behalf of the City; or 3. Provide staff with alternative direction. Respectfully submitted, 4ublothy R. oar/CitssEic Works irec y Engineer . 143 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 2. Contract and License No. 07-07-34-L1515 144 z Q J w w b 3 8 � e gaga SF INS .+ a s l L- d€�S Sc � Eg y o y db 9 Ase 6 EE �a8ag s€ g_ EF'S5c gw ga 'a Yg v�r S<Y 3 CY ap g228_kk9_ �eP �££� YEB� S L� A 35a ae iviimens %OOL ' 3a s sGG qt �ppp��yy� ez 2 ell ..Y 9gfaa�Y5 $ s; 9F3 Hill WEe8�=88H�.� 89 i5 Vg Z m zy. 33b$5 m e 4 gg W &q ATTACHMENT 1 Hill i z Wy oam � 1"I � EN 1 NJQ EFSyyy"g�EE 8� g bR¢EE�� T' C3 EYES -S 0 Es g € sF 3 �F 1 55g yg9 F'E'sa 8 y L g usi �E�.&g- $$ E^ "3'a tee" gs . -1 alg R, §'w J�_�$ �•�s�d Ye 9 �e ..� ¢¢�lpig3- -p fi` ESy$` Yy(2�'3✓ oa 145 0 LLLLLL������JJYJJYIIIIII'''"' F : — .O3-+zq 193NIlH3011 •. N r 35 m 1s �5 V. o 3 dv Gl�Pjo FY�F,+FIdPM-1(•l(•)9C).uQ49®�® n� I la11111iih ( 6 wamens %ooi a a 8 1491 3A09Y 335 OOFCS vis 3NnH0 M 00+QS vis MnH0l" Imm M0130 335 NO ilim 9 47 ATTACHMENT 2 M NT F g United States Department of the Interior BUREAU OF RECLAMATION TAKE PRIDE' RCN 8 e"9 Yuma Area Office INAMERIGA 7301 Calle Agua Salada IN REPLY REFER TO Yuma, Arizona 85364 YAO-7120 6 r LND-6.00 NOV 1 3 2097 Mr. Thomas P. Genovese City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Subject: City of La Quinta - Contract and License No. 07-07-34-LI515 (License) - Authorization to Reconstruct the Avenue 52 Bridge (Bridge) - Boulder Canyon Project, Coachella Canal, Coachella Division, Riverside County, California Dear Mr. Genovese: Enclosed for your review and signature are an original and two duplicate originals of the subject License. The License authorizes the City of La Quinta to reconstruct and widen the existing Avenue 52 Bridge across the Coachella Canal and to construct, own, operate and maintain an associated public access roadway. If the enclosed License is satisfactory, please sign all enclosed documents and return them to Reclamation along with a resolution, which clearly shows that the signatory is authorized to act on behalf of the City of La Quinta. Upon signature by all other parties, Reclamation will execute the License and provide a duplicate original for your records. If you have any questions regarding this matter, please contact Mr. Steve Cummings, Realty Officer, at telephone No. 928-343-8151. Sincerely, It Cylt is Hoeft, irector Resource Management Office Enclosures 4. 148 cc: Mr. Steven B. Robbins General Manager — Chief Engineer Coachella Valley Water District P.O. Box 1058 Coachella, CA 92236 (w/o encls) Mr. Douglas H. Mayes Douglas Engineering 414 Tennessee Street, Suite G Redlands, CA 92373-8152 (w/o encls) 149 ORIGINAL Contract No. 07-07-34-L1515 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION LOWER COLORADO REGION YUMA AREA OFFICE YUMA, ARIZONA BOULDER CANYON PROJECT, ALL-AMERICAN CANAL SYSTEM, COACHELLA DIVISION, CALIFORNIA CONTRACT AND LICENSE 2 THIS CONTRACT AND LICENSE (License), is made this day of 3 20 , pursuant to the Reclamation Act of June 17, 1902 (32 Stat. 388); the Reclamation 4 Project Act of August 4,1939 (53 Stat. 1187), as amended August 18, 1950 5 (64 Stat. 463); and acts amendatory thereof or supplementary thereto; and provisions of 6 43 CFR § 429, between the United States of America, acting through the Bureau of Reclamation, 7 hereinafter referred to as "Reclamation", represented by the officer executing this License, 8 hereinafter referred to as the "Area Manager", and the City of La Quinta, hereinafter referred to 9 as the "Licensee", with the concurrence of the Coachella Valley Water District, hereinafter 10 referred to as the "District'. 11 12 WITNESSETH: 13 14 WHEREAS, the Licensee seeks use authorization from Reclamation to reconstruct and 15 expand an existing, public access, two-lane bridge and roadway to a four -lane bridge and 16 roadway with associated curbs, medians and sidewalks, within, on, over and/or across certain 17 lands which Reclamation acquired in fee and certain other lands which were acquired by virtue 18 of a right-of-way interest, for the purpose of constructing the Coachella Canal, hereinafter 19 referred to as the "Canal", a feature of the Boulder Canyon Project, All -American Canal System, 20 Coachella Division; and 21 22 WHEREAS, as to lands held in fee by Reclamation, issuance of this License granting the 23 use authorization sought within, on, over and/or across said fee lands was evaluated and excluded 24 by Reclamation from further National Environmental Policy Act (NEPA) and other related 25 environmental and cultural resource evaluation through execution of Categorical Exclusion 26 Checklist YAO-128-CE-07-013; and, Contract No. 07-07-34-L1515 159 27 WHEREAS, the granting of such use authorization by Reclamation and the exercise of 28 such use authorization by the Licensee under the terms and conditions herein provided will be 29 compatible with the purposes for which the lands or interests in lands are administered on behalf 30 of the United States by Reclamation. 31 32 NOW, THEREFORE, Subject to the conditions hereinafter set forth, Reclamation does 33 hereby grant to the Licensee use authorization to reconstruct, own, operate and maintain said 34 bridge and roadway, hereinafter referred to as the `Bridge" within, on, over and/or across, the 35 Canal and/or its associated right-of-way within the following described use area. The parties 36 hereto agree as follows: 37 38 1. DESCRIPTION OF USE AREA GRANTED: 39 40 Within the SE'/4SE'/4SW%4, section 4, and the NW'/4NE'/,NW'/4, section 9, 41 Township 6 South, Range 7 East, San Bernardino Meridian, Riverside County, 42 City of La Quinta, State of California, located at that point where Avenue 52 43 intersects and crosses the Canal, east of Jefferson Street. Said use area shall lie 44 within and between the northwesterly and southeasterly boundaries of the Canal 45 right-of-way. 46 47 The above described use area, hereinafter referred to as the "Premises" is depicted on Exhibit A, 48 which is attached hereto and by this reference made a part hereof. 49 50 2. ASSIGNMENT: This License is personal and revocable and shall not be assigned or 51 transferred by the Licensee without prior, express, written authorization from the United States 52 and/or Reclamation and shall not be construed as granting to the Licensee any right, title or 53 interest in the Premises or any other property, facilities or works of the United States and/or 54 Reclamation. 55 56 3. OWNERSHIP OF THE BRIDGE: The Licensee shall at all times and at its sole expense, 57 without any expense and/or liability whatsoever to the United States and/or Reclamation, 58 reconstruct, own, operate and make necessary repairs to or replacements of the Bridge in a 59 manner so as not to interfere with the proper use and operation of or cause injury or damage to 60 any property, facilities or works of the United States and/or Reclamation. The Licensee shall 61 reimburse the United States and/or Reclamation for all injury or damage to property, facilities or 62 works of the United States and/or Reclamation arising out of the utilization of the rights granted 63 pursuant to this License which is caused by the Licensee, its officers, agents, or employees, and 64 the Licensee shall promptly pay any bills rendered therefore by Reclamation. 65 66 4. BRIDGE LISTING AND INSPECTION: The Licensee shall: 67 68 (a) List the Bridge with the Federal Highway Administration; and, Contract No. 07-07-34-1,1515 151 69 _ (b) Have the Bridge inspected in accordance with applicable Federal Highway 70 Administration requirements; and, 71 72 (c) Provide Reclamation with any and all listing and/or inspection reports; and, 73 74 (d) Complete any and all maintenance, repairs and/or replacements to the Bridge required 75 by the Federal Highway Administration and/or Reclamation in a manner satisfactory to the 76 Federal Highway Administration, Reclamation and the District. 77 78 5. LIABILITY INSURANCE: If determined necessary by Reclamation, the Licensee shall 79 be required to procure and maintain liability and property damage insurance which names the 80 United States and/or Reclamation as insured. 81 82 6. TERM: This License, unless terminated sooner as provided by Article 10 hereof, shall 83 terminate 25 years from the date hereof This License may, upon agreement of the parties, be 84 extended for an additional 25 year period. Any application for extension shall be filed by the 85 Licensee, in writing, with the Area Manager. Any application for extension must be filed not 86 less than 180 days prior to termination of this License. 87 88 7. CONSIDERATION: In accordance with 43 CFR § 429, consideration for this License 89 shall be payment to Reclamation by the Licensee of the following: 90 91 (a) The sum of $200, as the initial application deposit fee required by 92 43 CFR § 429.6(b), for submission and preliminary application review, the receipt of which is 93 hereby acknowledged; and 94 95 (b) All additional administrative costs in excess of the initial deposit for administrative 96 costs incurred by Reclamation in processing this License, which shall be due and payable to 97 Reclamation within 30 days after receipt of a bill rendered therefore. 98 99 8. EXCEPTIONS AND RESERVATIONS: 100 101 (a) The United States and/or Reclamation reserves the right of its/their officers, agents 102 and employees to at all times have unrestricted access and ingress to, passage over and egress 103 from all of the Premises for the purpose of exercising, enforcing and protecting the rights 104 reserved herein. 105 106 (b) The rights granted herein shall not be exclusive in character and the United States 107 and/or Reclamation reserves to itself, its successors and assigns, the right against the Licensee to 108 use any or all of the Premises, which is or may be crossed, or upon which irrigation and drainage 109 facilities and works of Reclamation have been constructed, and to construct, reconstruct, operate 110 and maintain therein and thereon dams, dikes, canals, waste ways, laterals, ditches, telephone and 111 telegraph lines, electric transmission lines, roadways and appurtenant irrigation and drainage 112 structures which may be needed or useful in connection with or as a part of canals, laterals and Contract No. 07-07-34-L1515 152 113 other irrigation and drainage facilities without any payment by Reclamation, its successors or 114 assigns for the exercise of such right. The Licensee agrees that if the construction, 115 reconstruction, installation, operation or maintenance of any or all of such works of the United 116 States and/or Reclamation, on or across the Premises at the above -described location of the 117 Bridge, should be made more expensive by reason of the existence of the Bridge, such additional 118 expense may be estimated by Reclamation whose estimate shall be final and binding upon the 119 parties hereto, and within thirty 30 days after demand is made upon the Licensee for payment of 120 any such sums, the Licensee will make payment thereof to the United States and/or Reclamation 121 or its successors or assigns constructing such works across, over, under or upon the Premises. 122 123 (c) Reclamation reserves the right to inspect the Bridge under the terms of this License 124 both during the progress of construction and upon completion thereof. 125 126 (d) Jurisdiction of and supervision by Reclamation over the Canal and/or the Premises is 127 not surrendered or subordinated by issuance of this License and the United States and/or 128 Reclamation reserves the right to issue additional licenses or other agreements for compatible 129 uses of the Canal and/or the Premises. 130 131 9. INDEMNITY: The Licensee and its officers, agents, employees, contractors and/or 132 subcontractors, hereby agree to hold harmless and indemnify the United States and/or 133 Reclamation, its/their employees, agents, successors or assigns from and against any claims, 134 demands, costs, losses, causes of action, damages or liability of whatsoever kind or nature arising 135 out of or resulting from acts of negligence of the Licensee, its officers, agents or employees in the 136 utilization by the Licensee of the rights granted to it pursuant to this License. Additionally, 137 except for acts of negligence, the Licensee and its officers, agents, employees, contractors and/or 138 subcontractors release the United States and/or Reclamation, its/their officers, employees, 139 successors and assigns from any and all liability for damage arising from injury to persons or 140 damage to structures, equipment, improvements or works of the Licensee resulting from the 141 construction, operation or maintenance of any of the works of the United States and/or 142 Reclamation. Provided, however, that nothing contained in this clause shall be deemed to 143 modify or limit any liability which may be imposed by the Federal Tort Claims Act, 144 28 U.S.C. § 2617 et M. (1970). 145 146 10. TERMINATION: This License shall terminate and all rights of the Licensee hereunder 147 shall cease upon the following: 148 149 (a) At the expiration of the tern as provided by Article 6; or, 150 151 (b) At its option, by Reclamation for nonuse of the Premises by the Licensee for a period 152 of six continuous months; or, 153 154 (c) At any time by Reclamation upon six months written notice to the Licensee; or, Contract No. 07-07-34-1,1515 153 155 (d) After failure of the Licensee to observe any of the conditions of this License, and on 156 the tenth day following service of written notice on the Licensee of termination because of failure 157 to observe such conditions; or, 158 159 (e) Upon a determination by Reclamation that any activity by the Licensee in or upon the 160 Premises is or was illegal. 161 162 11. MISCELLANEOUS CONDITIONS: In the use of the Premises, the Licensee shall 163 faithfully observe each of the following conditions: 164 165 (a) The Licensee, at its sole expense, shall reconstruct, own, use and maintain the Bridge 166 in conformity with all applicable regulations of Federal, State and local regulatory agencies, 167 including but not limited to, those relating to pollution and environmental control. 168 169 (b) All construction, use and maintenance activities undertaken pursuant to this License 170 shall be in conformity with the specifications approved in advance by the Area Manager and the 171 District and shall be conducted by the Licensee at all times in a manner satisfactory to the Area 172 Manager and the District. 173 174 (c) The Licensee shall at all times keep the Premises, including construction areas used 175 by the Licensee, free from accumulations of waste materials or rubbish. 176 177 (d) During construction and use of the Premises, the Licensee shall carry out proper and 178 efficient measures wherever and as often as necessary to reduce nuisance by dust, and to prevent 179 dust which has originated from its operations from damaging any other properties or causing a 180 nuisance to persons. 181 182 (e) The Licensee shall reimburse the United States and/or Reclamation for any and all 183 costs and expenses incurred in the defense of any action which challenges the Licensee's use of 184 the Premises. 185 186 (f) The Licensee shall not use the Premises or permit the use thereof for any purpose 187 except as set forth herein. 188 189 (g) The Licensee shall, if not the underlying fee owner of those lands held by 190 Reclamation through a right-of-way interest within the SEV4SEl/4SW'/4, section 4, Township 6 191 South, Range 7 East, San Bernardino Meridian, Riverside County, City of La Quinta, State of 192 California, be solely responsible for securing permission of the underlying fee owner(s) for 193 approval to enter upon, cross or use said right-of-way. 194 195 (h) The rights granted by this License are subject to any and all rights of the United 196 States and/or Reclamation, and to existing rights in favor of the public or third parties. The 197 Licensee assumes all responsibility to make whatever arrangements as are necessary to obtain Contract No. 07-07-34-L1515 154 198 such rights as may be required of the Licensee from any other party or parties holding any other 199 interests. 200 201 (i) Upon termination of this License for any reason, the Licensee may be required, at the 202 option of the United States and/or Reclamation, to remove the Bridge placed upon the Premises 203 and shall restore the Premises to a condition satisfactory to the Area Manager. If the Licensee 204 fails to remove the Bridge within sixty (60) days after termination of this License, the Area 205 Manager may, on behalf of the United States and/or Reclamation, deny and prohibit any or all 206 public access to the Bridge or remove the Bridge at the expense of the Licensee, and Licensee 207 shall promptly pay the United States and/or Reclamation for removal of the Bridge and 208 restoration of the Premises upon receipt of billing. 209 210 0) The Licensee shall provide a construction schedule and 72-hours notice to 211 Reclamation prior to start of construction. Said 72-hours notice shall be provided to 212 Reclamation's Technical Services Group Manager at telephone No. 928-343-8100 so that an 213 inspector can be on -sight during construction activities. 214 215 12. OFFICIALS NOT TO BENEFIT: No Member of or Delegate to Congress or Resident 216 Commissioner, and no officer, agent or employee of the Department of the Interior, shall be 217 admitted to any share or part of this License or to any benefit that may arise herefrom, but this 218 restriction shall not be construed to extend to this License if made with a corporation or 219 contractor for its general benefit. 220 221 13. COVENANT AGAINST CONTINGENT FEES: The Licensee warrants that no person 222 or agency has been employed or retained to solicit or secure this License upon an agreement or 223 understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide 224 employees or bona fide established agencies maintained by the Licensee for the purpose of 225 securing business. For breach or violation of this warranty, the United States and/or Reclamation 226 shall have the right to annul this License without liability or in its discretion to require the 227 Licensee to pay, in addition to the right -of -use consideration, the full amount of such 228 commission, percentage, brokerage or contingent fee. 229 230 14. DISCOVERY OF CULTURAL RESOURCES: The Licensee shall immediately provide 231 an oral notification to Reclamation of the discovery of any and all antiquities or other objects of 232 archaeological, cultural, historic or scientific interest on Reclamation lands. The Licensee shall 233 follow up with a written report of their finding(s) to Reclamation within forty-eight (48) 234 hours. Objects under consideration include, but are not limited to, historic or prehistoric ruins, 235 human remains, funerary objects and artifacts discovered as a result of activities authorized under 236 this License. The Licensee shall immediately cease the activity in the area of the discovery, 237 make a reasonable effort to protect such discovery and wait for written approval from 238 Reclamation before resuming the activity. Protective and mitigative measures specified by 239 Reclamation shall be the responsibility of the Licensee. Contract No. 07-07-34-L1515 155 240 15. HAZARDOUS MATERIALS: 241 242 (a) The Licensee may not allow contamination or pollution of lands, waters or project 243 works of the United States and/or Reclamation for which the Licensee has the responsibility for 244 care, operation and maintenance by its employees or agents and shall take reasonable precautions 245 to prevent such contamination or pollution by third parties. 246 247 (b) The Licensee shall comply with all applicable Federal, State and local law and 248 regulations and Reclamation policies and instructions, existing or hereafter enacted or 249 promulgated, concerning any hazardous material that will be used, produced, transported, stored 250 or disposed of on or in lands, waters or project works of the United States and/or Reclamation. 251 252 (c) "Hazardous material" means any substance, pollutant or contaminant listed as 253 hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act 254 of 1980, as amended, 42 U.S.C. § 9601, et seq., and the regulations promulgated pursuant to that 255 Act. In addition it shall include thermal pollution, refuse, garbage, sewage effluent, industrial 256 waste, petroleum products, mine tailings, mineral salts, misused pesticides, pesticide containers 257 or any other pollutants. 258 259 (d) Upon discovery of any event which may or does result in contamination or pollution 260 of lands, water or project works of the United States and/or Reclamation, the Licensee shall 261 initiate emergency measures to protect health and safety and the environment if necessary and 262 shall provide notice of such discovery with full details of the actions to Reclamation's 263 Environmental Planning and Compliance Group Manager at telephone No. 928-343-8268. 264 Additionally, all spills regardless of size, shall he reported to Reclamation's Environmental 265 Planning and Compliance Group Manager. Such notice shall be within a reasonable time period 266 but not to exceed 24 hours from the time of discovery if it is an emergency and the first working 267 day if it is a non -emergency. 268 269 (e) Violation of any of the provisions of this Article, upon which the Licensee does not 270 take immediate corrective action, may, as determined by Reclamation, constitute grounds for 271 termination of this License and shall make the Licensee liable for the cost of full and complete 272 remediation and/or restoration of any resources or facilities of the United States and/or 273 Reclamation that are adversely affected as a result of the violation. 274 275 (f) The Licensee agrees to include the provisions contained in paragraphs (a) through (e) 276 of this Article in any subcontract or third party contract it may enter into pursuant to this License. 277 278 (g) Reclamation agrees to provide information necessary for the Licensee using 279 reasonable diligence, to comply with the provisions of this Article. Contract No. 07-07-34-M515 15S 280 16. CLEAN AIR AND WATER: The Licensee agrees as follows: 281 282 (a) To comply with all Federal, state, and local requirements of the Clean Air Act (CAA) 283 and the Clean Water Act (CWA); and, 284 285 (b) To obtain written permission from Reclamation prior to conducting any activities that 286 require permits, plans, or certificates under the CAA or the CWA; and, 287 288 (c) To provide Reclamation with a copy of any correspondence between the Licensee and 289 any regulatory agency concerning CAA or CWA compliance, including, but not limited to, 290 copies of permit applications, permits, reports, notices of violation or enforcement actions; and, 291 292 (d) To take immediate and effective action to correct any violation related to the CAA or 293 the CWA. Provide Reclamation with a narrative description of the violation, the actions taken by 294 the Licensee, the date the violation began, the date that the Licensee became aware of the 295 violation and the date that the Licensee returned to compliance; and, 296 297 (e) To take action to comply with any changes to the CAA and the CWA within the 298 schedule required by the regulation, rule or guidance. 299 300 17. NOTICES: 301 302 (a) Any notices required by this Article shall be served by certified mail addressed to the 303 respective addresses given herein and the mailing of any such notice properly enclosed, 304 addressed, stamped and certified, shall be considered service. 305 306 (b) Any notice, demand or request required or authorized by this License to be given or 307 made to or upon the United States and/or Reclamation shall be deemed properly given or made if 308 delivered or mailed postage -prepaid, to the Area Manager, Yuma Area Office, Bureau of 309 Reclamation, 7301 Calle Agua Salada, Yuma, Arizona 85364. 310 311 (c) Any notice, demand or request required or authorized by this License to be given or 312 made to or upon the Licensee shall be deemed properly given or made if delivered or mailed 313 postage -prepaid, to the City of La Quinta, Attention: City Manager, P.O. Box 1504, La Quints, 314 California 92253. 315 316 (d) The designation of the person to or upon whom any notice, demand or request is to be 317 given or made, or the address of such person may be changed at any time by notice given in the 318 same manner as provided in this Article for other notices. 319 320 18. NO WARRANTY: Reclamation makes no warranty, express or implied, as to the extent 321 or validity of the grant contained herein. Contract No. 07-07-34-1,1515 157 IN WITNESS WHEREOF, the parties hereto have signed their names to this CONTRACT AND LICENSE which shall become effective the day and year first above written. THE UNITED STATES OF AMERICA 0 Area Manager Yuma Area Office Lower Colorado Region Bureau of Reclamation Date: CITY OF LA QUINTA 0 Title: Date: CONCURRENCE: COACHELLA VALLEY WATER DISTRICT Title: Date: Contract No. 07-07-34-1,1515 1518 ACKNOWLEDGMENT State of Arizona ) ) ss. County of Yuma ) On this day of 20 , before me, a Notary Public in and for said County and State personally appeared Area Manager, Yuma Area Office, Lower Colorado Region, Bureau of Reclamation, United States Department of the Interior, known to me to be the person described in the foregoing instrument, and acknowledged to me that executed the same on behalf of the United States of America in the capacity therein stated and for the purpose therein contained. Notary Public in and for the County of Yuma, State of Arizona My Commission Expires: Contract No. 07-07-34-L1515 159 State of California ) )as. County of Riverside ) On this _ day of ACKNOWLEDGMENT 20_, before me, Notary Public in and for said County and State personally appeared Name of the CITY OF LA QUINTA, known to me to be the person Title described in the foregoing instrument, and acknowledged to me that executed the same on behalf of the CITY OF LA QUINTA, in the capacity therein stated and for the purposes therein contained. Notary Public in and for the County of Riverside, State of California My Commission Expires: Contract No. 07-07-34-L1515 1G� State of California ) ) ss. County of Riverside ) On this _ day of ACKNOWLEDGMENT 20_, before me, Public in and for said County and State personally appeared Name a Notary COACHELLA VALLEY WATER DISTRICT (CVWD), Title known to me to be the person described in the foregoing instrument, and acknowledged to me that executed the same on behalf of CV WD in the capacity therein stated and for the purposes therein contained. Notary Public in and for the County of Riverside, State of California My Commission Expires: Contract No. 07-07-34-L1515 161 T4hf 4 4 Qaha COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Approval of a Professional Services Agreement with Willdan for Traffic Engineering Services RECOMMENDATION: I_Ce71 k,iDTi7:11Il011]" BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to enter into a Professional Services Agreement (PSA) with Willdan for professional traffic engineering services. FISCAL IMPLICATIONS: The Fiscal Year 2006/2007 budget includes $11 1,348 in Account Number 101-7005- 431.10.01 for the full time Traffic Engineer salary. The Traffic Engineer position is currently vacant. Therefore, there are sufficient funds for the proposed professional traffic engineering services. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Public Works Department is in the process of recruiting for a full-time Traffic Engineer. It is not known when the position will be filled. In the interim, it is staff's desire to utilize the services of a consultant traffic engineering firm or firms until such time as a full-time traffic engineer has been hired and is in place. Attached is a proposal from Willdan to provide a registered professional traffic engineer, licensed to practice in the State of California, to serve as the City's Traffic Engineer 24 hours per week at a rate of $150 per hour. Other staff will be billed at the rates shown on Willdan's Schedule of Hourly Rates (Attachment 1). The PSA ... • 162 includes a not to exceed amount of $100,000 for the initial term (January 1, 2008 through June 30, 2008) which includes the Traffic Engineer's hourly rate, mileage and other expenses. Willdan has proposed the services of William Beardsley, T.E. to provide traffic engineering services to the City. Mr. Beardsley has prior experience with the City of Corona, having served as the City's Traffic Engineer. A brief history of William Beardsley's work history is provided (Attachment 2). The proposed PSA (Attachment 3) would include an initial term of six months (January 1, 2008 through June 30, 2008), with an option to extend the term up to one year. The City reserves the right to terminate the Agreement at any time upon thirty days' written notice to Willdan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to enter into a Professional Services Agreement with Willdan to provide professional traffic engineering services 24 hours per week; or 2. Do not authorize the City Manager to enter into a Professional Services Agreement with Willdan to provide professional traffic engineering services 24 hours per week; or 3. Provide staff with alternative direction. Respectfully submitted, Q r 4imothy R. Jo as o , P.E. Public Works it or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Proposal letter from Willdan 2. William Beardsley, T.E. brief work history 3. Proposed Professional Services Agreement (PSA) with Willdan ATTACHMENT 1 SWILLDAN Public Agencies November21, 2007 Mr. Tim Jonasson, P.E. Public Works Director/City Engineer City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: Proposal for City Traffic Engineering Services Dear Mr. Jonasson: 13191 Crussroacs rarkway North, Suite 40b Industry, California 91746-3497 562/908-6200 fax 562/695-2120 www willdan.00nn RECEIVE® NOV-2 9 2007 PUBLIC WORKS Willdan is pleased to submit this proposal to the City of La Quinta to provide professional traffic engineering services. Based on our understanding of the requested services, we propose to provide a professional traffic engineer, licensed to practice in the State of California, to serve the City as its City Traffic Engineer. The individual assigned to act in this capacity by Willdan will be available to provide the following tasks upon specific request by City staff. • Serve as technical advisor to City staff on a regular basis or when called upon by City staff. • Investigate and report on requests, suggestions, and complaints from citizens, homeowners groups, school authorities, or the police department involving traffic -related issues. • Investigate and report on locations which have been identified as experiencing an atypical number of reported traffic collisions. • Assist the City with traffic signal timing and operation of the City's traffic signals. Assist City staff with periodic budget preparation for traffic -related maintenance activities and capital improvement projects. Be available to make technical presentations before the City's Planning Commission and City Council on traffic -related matters. Attend various meetings (scheduled on the consultant's office day during working hours) and make technical presentations. • Assist City staff and City attorney's office on traffic -related matters involving claims and litigation against the City. • Recommend policies and procedures on traffic -related matters involving risk management. In addition to the above -traffic -operational tasks, Willdan's assigned individual will be available to assist the Community Services Department with the following tasks: Review of Traffic Impact Reports for proposed development. 164 November21, 2007 Page 2 Review circulation studies for General and Specific Plans. Through Willdan's technical staff, review transportation modeling studies. Assist with conditioning proposed development for appropriate public works improvements. Willdan, through the use of a traffic data collection firm, will provide traffic count information on an "as needed" basis. Willdan proposes to assign Mr. William "Rusty" Beardsley, P.E., to the City of La Quinta to serve as City Traffic Engineer. Mr. Beardsley is very uniquely qualified to serve the City of La Quinta as its City Traffic Engineer. He has over 18 years of experience in traffic engineering including 12 years specializing in municipal traffic engineering. Mr. Beardsley is currently available to serve the City routinely up to 24 hours/week. Willdan can offer flexible weekly hours and alternative off -site work hours as high priority tasks require. In addition, Mr. Beardsley will remain accessible to the community and City staff by telephone, mobile phone, and e-mail during normal business hours. Willdan proposes to assign Mr. Beardsley at a reduced billing rate of $150 per hour. This rate includes the usual overhead expenses and all automobile -related expenses, except mileage expenses while on City business. We suggest that word processing be normally done by City staff. Willdan can provide this service along with other technical support, which would be billed at our standard billing rates as described on the enclosed Schedule of Hourly Rates. Mileage costs while on City business would be invoiced at the then current federal rate for mileage reimbursement. Other indirect expenses, such as reproduction, printing and mailing and delivery fees would be billed at the direct cost of the expense. Willdan sincerely appreciates this opportunity to offer Mr. Beardsley as the City's Traffic Engineer. Should you have any questions or desire additional information regarding this proposal, please contact Mr. Lew Gluesing at (562) 908-6291. Respectfully submitted, LLDAN Le Gluesing, P.E., T.E., P.T.O.E. Vice President Enclosures LG:mh 95610-07\06-160\P07-283M William C. Pagett, P.E. Senior Vice President 165 WILLDAN Schedule of Hourly Rates AW-111ilTLzRiPIPrR4RIM&(0rn.LI3Gn11MIA :: Principal Engineer....................................................$190.00 Division Manager.......................................................170.00 City Engineer.............................................................170.00 City Traffic Engineer..................................................170.00 Project Manager........................................................170.00 Program Manager......................................................170.00 Supervising Engineer.................................................155.00 Senior Engineer.........................................................140.00 Senior Design Manager.............................................140.00 Design Manager........................................................130.00 Associate Engineer....................................................130.00 SeniorDesigner.........................................................125.00 Senior Design Engineer 11..........................................125.00 Senior Design Engineer I...........................................120.00 DesignerII.................................................................115.00 DesignerI..................................................................110.00 Design Engineer 11.....................................................115.00 Design Engineer I......................................................110.00 Senior Drafter............................................................105.00 Drafter11.......................................................................95.00 DrafterI........................................................................90.00 Technical Aide.............................................................80.00 CONSTRUCTION MANAGEMENT Division Manager.......................................................170.00 Project Manager........................................................170.00 Senior Construction Manager....................................150.00 Construction Manager...............................................140.00 Assistant Construction Manager................................115.00 Utility Coordinator......................................................120.00 Labor Compliance Manager......................................115.00 Labor Compliance Specialist.......................................90.00 INSPECTION SERVICES Supervising Public Works Observer..........................115.00 Senior Public Works Observer.............................105.00 Public Works Observer ................................. **95.00/105.00 Assistant Public Works Observer ................ **95.00/105.00 SURVEYING Division Manager.......................................................170.00 Supervisor - Survey & Mapping.................................150.00 Senior Survey Analyst................................................125.00 Senior Calculator.......................................................115.00 Calculator 11................................................................105.00 CalculatorI...................................................................95.00 Survey Analyst II........................................................110.00 Survey Analyst I...........................................................95.00 Survey Party Chief.....................................................110.00 Field Party (One)..............................................170.00 Field Party (Two).......................................................225.00 Field Party (Three).....................................................285.00 LANDSCAPE ARCHITECTURE Division Manager.......................................................170.00 Principal Landscape Architect....................................145.00 Senior Landscape Architect.......................................120.00 Associate Landscape Architect..................................110.00 Assistant Landscape Architect....................................95.00 BUILDING AND SAFETY Division Manager.......................................................170.00 Supervising Plan Check Engineer.............................145.00 Building Official..........................................................145.00 Plan Check Engineer.................................................135.00 Deputy Building Official..............................................135.00 Inspector of Record...................................................135.00 Senior Plans Examiner..............................................120.00 Supervising Building Inspector...................................120.00 Plans Examiner..........................................................110.00 Senior Building Inspector...........................................110.00 Supervisor Code Enforcement...................................110.00 Building Inspector.......................................**100.00/105.00 Supervising Construction Permit Specialist ...............100.00 Senior Construction Permit Specialist ..........................95.00 Senior Code Enforcement Officer................................90.00 Assistant Building Inspector..........................**90.00/105.00 Code Enforcement Officer ...........................................75.00 Construction Permit Specialist.....................................75.00 Assistant Construction Permit Specialist .....................80.00 Plans Examiner Aide....................................................70.00 Assistant Code Enforcement Officer...........................65.00 PLANNING Division Manager.......................................................170.00 Principal Planner........................................................145.00 Principal Community Development Planner ..............145.00 Senior Planner...........................................................125.00 Senior Community Development Planner..................125.00 Associate Planner......................................................110.00 Associate Community Development Planner ............110.00 Assistant Community Development Planner .............100.00 Assistant Planner.......................................................100.00 Planning Technician.....................................................80.00 Community Development Technician ..........................80.00 ADMINISTRATIVE Computer Data Entry ...................................................60.00 Clerical.........................................................................60.00 Word Processing.........................................................60.00 Personal Computer Time.............................................25.00 Mileage reimbursement will be charged at the current Federal guideline rate at the time of billing. Vehicles will be charged at a monthly rate of $500.00. ** Prevailing Wage Project, Use $105.00 Additional billing classifications maybe added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost. Valid July 1, 2007 thm June 30, 2008. ATTACHMENT 2 William J. 'Rusty' Beardsley, T.E. City Traffic Engineer Education Prior to joining Willdan, Mr. William "Rusty" Beardsley served 12 years with Bachelor of Science, the City of Corona (pop. 150,000) in their traffic engineering section, the last 7 Clarkson university, of which were spent as the Citys Traffic Engineer. In this position, Mr. Potsdam, NY Beardsley directed a nine -person staff and had full responsibility for all aspects of the Citys day-to-day traffic operations as well as future planning. Registration Specifically, this included, but was not limited to the following: Registered Traffic Engineer, California No. TR 1784 • Signal timing and maintenance (140 signals). • Implementing a state-of-the-art Advance Traffic Management System Affiliations (ATMS) and Traffic Management Center (TMC). Institute of Transportation • Traffic Impact Study review. Engineers • Neighborhood traffic calming measures. • Signal, striping and traffic control plans. Traffic Signal Association • Citywide signing and striping program. City Traffic Engineers • On -street parking restrictions. Association • Warrants for signals, stop signs, crossing guards and Traffic and Engineering (speed limit) surveys. 18 Years Experience • Interface with citizens and public officials. • Close coordination with police as well as other City departments. • Creating reports and graphics for presentations. • School circulation plans. • Input to traffic model and Circulation Element of the General Plan. • Accident history analysis. Prior to his employment with the City of Corona, Mr. Beardsleyworked 6 years for Albert Grover & Associates and Mohle, Grover & Associates. His responsibilities included signal and signing/striping design as well as developing interconnect and coordinated signal timing systems. He also handled the company's field engineering and was the inspector on all the companies design/build signal installations. Mr. Beardsley also has prior experience as an estimator with a traffic signal construction company. 167 ATTACHMENT 3 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 Willdan (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 professional traffic engineering services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, 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 168 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 standard of quality and workmanship consistent with the standard of care ordinarily practiced by members of Consultant's profession who are regularly retained to perform services on projects of such complexity. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the 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 One Hundred Thousand Dollars ($100,000 the "Contract Sum") during the initial six month term, 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 in conducting City business, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Consultant's hourly rates include all costs for transportation to and from work. 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 4 4 169 assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on January 1, 2008 and terminate on June 30, 2008 (initial term). This agreement may be extended for one additional year 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. . 179 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 or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be _assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. 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: 171 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 Any aggregate limit shall be at least double the occurrence limit required above. 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 this Agreement and shall not be cancelable without thirty to City of proposed cancellation. The procuring of such of policies or certificates evidencing the same shall not be of Consultant's obligation to indemnify City, its officers, subcontractors, or agents. 5.2 Indemnification. effect during the term of (30) days written notice insurance or the delivery construed as a limitation employees, contractors, 172 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, 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 173 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. 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. 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 175 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 that 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. 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. 176 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. 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 177 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 . 178 section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the 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 " 17.9 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. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: WILLDAN Attention: Lew Gluesing, Vice President 13191 Crossroads Pkwy. N. Ste 405 Industry, California 91746-3497 180 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 ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Date 181 CONSULTANT: By: Name: Title: Date: SWILLDAN November 21, 2007 Mr. Tim Jonasson, P.E. Public Works Director/City Engineer City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: Proposal for City Traffic Engineering Services Dear Mr. Jonasson: 13191 Crussroaas rarkway North, Suite 40b Industry, California 91746-3497 562/908-6200 fax 562/695-2120 www.willdan.com RECEIVE® NOV 2 9 Z007 PUBLIC WORKS Willdan is pleased to submit this proposal to the City of La Quinta to provide professional traffic engineering services. Based on our understanding of the requested services, we propose to provide a professional traffic engineer, licensed to practice in the State of California, to serve the City as its City Traffic Engineer. The individual assigned to act in this capacity by Willdan will be available to provide the following tasks upon specific request by City staff. • Serve as technical advisor to City staff on a regular basis orwhen called upon by City staff. • Investigate and report on requests, suggestions, and complaints from citizens, homeowners groups, school authorities, or the police department involving traffic -related issues. • Investigate and report on locations which have been identified as experiencing an atypical number of reported traffic collisions. • Assist the City with traffic signal timing and operation of the City's traffic signals. • Assist City staff with periodic budget preparation for traffio-related maintenance activities and capital improvement projects. • Be available to make technical presentations before the City's Planning Commission and City Council on traffic -related matters. • Attend various meetings (scheduled on the consultant's office day during working hours) and make technical presentations. • Assist City staff and City attorney's office on traffic -related matters involving claims and litigation against the City. • Recommend policies and procedures on traffic -related matters involving risk management. In addition to the above -traffic -operational tasks, Willdan's assigned individual will be available to assist the Community Services Department with the following tasks: Review of Traffic Impact Reports for proposed development. 183 November 21, 2007 Page 2 Review circulation studies for General and Specific Plans. Through W illdan's technical staff, review transportation modeling studies. Assist with conditioning proposed development for appropriate public works improvements. Willdan, through the use of a traffic data collection firm, will provide traffic count information on an "as needed" basis. Willdan proposes to assign Mr. William "Rusty" Beardsley, P.E., to the City of La Quinta to serve as City Traffic Engineer. Mr. Beardsley is very uniquely qualified to serve the City of La Quinta as its City Traffic Engineer. He has over 18 years of experience in traffic engineering including 12 years specializing in municipal traffic engineering. Mr. Beardsley is currently available to serve the City routinely up to 24 hours/week. Willdan can offer flexible weekly hours and alternative off -site work hours as high priority tasks require. In addition, Mr. Beardsley will remain accessible to the community and City staff by telephone, mobile phone, and e-mail during normal business hours. Willdan proposes to assign Mr. Beardsley at a reduced billing rate of $150 per hour. This rate includes the usual overhead expenses and all automobile -related expenses, except mileage expenses while on City business. We suggest that wont processing be normally done by City staff. Willdan can provide this service along with other technical support, which would be billed at our standard billing rates as described on the enclosed Schedule of Hourly Rates. Mileage costs while on City business would be invoiced at the then current federal rate for mileage reimbursement. Other indirect expenses, such as reproduction, printing and mailing and delivery fees would be billed at the direct cost of the expense. Willdan sincerely appreciates this opportunity to offer Mr. Beardsley as the City's Traffic Engineer. Should you have any questions or desire additional information regarding this proposal, please contact Mr. Lew Gluesing at (562) 908-6291. Respectfully submitted, )'DAN LeiGluesing, P.E., T.E., P.T.O.E. Vice President Enclosures LG:mh 95610-07\06-160\P07-283R1 W William C. Pagett, P.E. Senior Vice President MLLDAN Schedule of Hourly Rates ENGINEERING Principal Engineer....................................................$190.00 Division Manager.......................................................170.00 CityEngineer.............................................................170.00 City Traffic Engineer..................................................170.00 Project Manager........................................................170.00 Program Manager......................................................170.00 Supervising Engineer.................................................155.00 Senior Engineer.........................................................140.00 Senior Design Manager.............................................140.00 DesignManager........................................................130.00 Associate Engineer....................................................130.00 Senior Designer.........................................................125.00 Senior Design Engineer 11..........................................125.00 Senior Design Engineer I...........................................120.00 DesignerII.................................................................115.00 DesignerI..................................................................110.00 Design Engineer II.....................................................115.00 Design Engineer I......................................................110.00 SeniorDrafter............................................................105.00 Drafter11.......................................................................95.00 DrafterI........................................................................90.00 TechnicalAide.............................................................80.00 CONSTRUCTION MANAGEMENT Division Manager.......................................................170.00 Project Manager........................................................170.00 Senior Construction Manager....................................150.00 Construction Manager...............................................140.00 Assistant Construction Manager'.. ................... ­ ..... 115.00 Utility Coordinator......................................................120.00 Labor Compliance Manager......................................115.00 Labor Compliance Specialist.......................................90.00 INSPECTION SERVICES Supervising Public Works Observer..........................115.00 Senior Public Works Observer.............................105.00 Public Works Observer ................ ................. **95.00/105.00 Assistant Public Works Observer ................-95.001105.00 SURVEYING Division Manager.......................................................170.00 Supervisor - Survey & Mapping.................................150.00 Senior Survey Analyst................................................125.00 Senior Calculator.......................................................115.00 Calculator11................................................................105.00 CalculatorI...................................................................95.00 Survey Analyst II........................................................110.00 Survey Analyst I...........................................................95.00 SurveyParty Chief.....................................................110.00 Field Party (One)..............................................170.00 Field Party (Two).......................................................225.00 Field Party (Three).....................................................285.00 Division Manager.......................................................170.00 Principal Landscape Architect....................................145.00 Senior Landscape Architect.......................................120.00 Associate Landscape Architect..................................110.00 Assistant Landscape Architect....................................95.00 BUILDING AND SAFETY Division Manager.......................................................170.00 Supervising Plan Check Engineer.............................145.00 Building Official..........................................................145.00 Plan Check Engineer.................................................135.00 Deputy Building Official..............................................135.00 Inspector of Record...................................................135.00 Senior Plans Examiner..............................................120.00 Supervising Building Inspector...................................120.00 Plans Examiner..........................................................110.00 Senior Building Inspector...........................................110.00 Supervisor Code Enforcement...................................110.00 Building Inspector.......................................**100.00/105.00 Supervising Construction Permit Specialist ...............100.00 Senior Construction Permit Specialist ..........................95.00 Senior Code Enforcement Officer................................90.00 Assistant Building Inspector .......................... **90.00/105.00 Code Enforcement Officer...........................................75.00 Construction Permit Specialist.....................................75.00 Assistant Construction Permit Specialist .....................80.00 Plans Examiner Aide....................................................70.00 Assistant Code Enforcement Officer...........................65.00 PLANNING Division Manager.......................................................170.00 Principal Planner........................................................145.00 Principal Community Development Planner..............145.00 SeniorPlanner...........................................................125.00 Senior Community Development Planner..................125.00 Associate Planner......................................................110.00 Associate Community Development Planner ............110.00 Assistant Community Development Planner .............100.00 Assistant Planner.......................................................100.00 Planning Technician.....................................................80.00 Community Development Technician ..........................80.00 ADMINISTRATIVE Computer Data Entry ...................................................60.00 Clerical.........................................................................60.00 Word Processing.........................................................60.00 Personal Computer Time.............................................25.00 Mileage reimbursement will be charged at the current Federal guideline rate at the time of billing. Vehicles will be charged at a monthly rate of $500.00. ** Prevailing Wage Project, Use $105.00 • --•--• •-• -••••• •e �o�,,,wv„� -ay va avunu w ure above usung ounng me year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be Invoiced at cost Valid July 1, 2007 thru June 30, 2008. 185 Education Bachelor of Science, Clarkson University, Potsdam, NY Registration Registered Traffic Engineer, California No. TR 1784 Affiliations Institute of Transportation Engineers Traffic Signal Association City Traffic Engineers Association 18 Years Experience William J.'Rusty, Beardsley, T.E. City Traffic Engineer Prior to joining Willdan, Mr. William "Rusty" Beardsley served 12 years with the City of Corona (pop. 150,000) in their traffic engineering section, the last 7 of which were spent as the City's Traffic Engineer. In this position, Mr. Beardsley directed a nine -person staff and had full responsibility for all aspects of the City's day-to-day traffic operations as well as future planning. Specifically, this included, but was not limited to the following: • Signal timing and maintenance (140 signals). • Implementing a state-of-the-art Advance Traffic Management System (ATMS) and Traffic Management Center (TMC). • Traffic Impact Study review. • Neighborhood traffic calming measures. • Signal, striping and traffic control plans. • Citywide signing and striping program. • On -street parking restrictions. • Warrants for signals, stop signs, crossing guards and Traffic and Engineering (speed limit) surveys. • Interface with citizens and public officials. • Close coordination with police as well as other City departments. • Creating reports and graphics for presentations. • School circulation plans. • Input to traffic model and Circulation Element of the General Plan. • Accident history analysis. Prior to his employment with the City of Corona, Mr. Beardsley worked 6 years for Albert Grover & Associates and Mohle, Grover & Associates. His responsibilities included signal and signing/striping design as well as developing interconnect and coordinated signal timing systems. He also handled the companys field engineering and was the inspector on all the companies design/build signal installations. Mr. Beardsley also has prior experience as an estimator with a traffic signal construction company. m Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultant's Schedule of Hourly Rates attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract during the initial term shall not exceed One Hundred Thousand Dollars ($100,000) which includes the Traffic Engineer hourly rate, mileage and other expenses for the initial term of the Agreement, except as specified in Section 1.6 - Additional Services of the Agreement. City Traffic Engineer services will be billed at a rate of $150 per hour. Consultant's hourly rates include all costs for transportation to and from work. Consultant may be reimbursed for mileage while conducting City business. Other non -wage costs directly related to the project will be billed at cost. 187 Exhibit C Schedule of Performance The initial term for this agreement shall be January 1, 2008 through June 30, 2008, unless extended in accordance with Section 3.4 of this agreement. �4 1 188 Exhibit D Special Requirements The City will provide office space, telephone and a computer. Consultant will provide his/her own transportation. 189 T4ht 4 ei Qum& COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Approval of a Contract Change Order to GKK Works for Phase II Interior Improvements to the La Quinta Library AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a contract Change Order to GKK Works in the total amount of $106,130 for the interior Phase II improvements to the La Quinta Library. FISCAL IMPLICATIONS: Sufficient funds have been appropriated in the Fiscal Year 2007/08 budget for Phase II of the library project. CHARTER CITY IMPLICATIONS: There is no requirement for prevailing wage on the project. BACKGROUND AND OVERVIEW: On September 19, 2006, the City Council awarded a contract to GKK Works for the construction of the City Hall expansion. The City Council also approved funding for Phase II of the library as part of the current fiscal year budget. Rather than bid the Phase II Library improvements as a separate public works project, staff is proposing to add it to GKK's scope of work in the form of a Change Order. This method eliminates the costs associated with mobilizing another contractor as well as the costs associated with the formal bid process. It also allows the City to negotiate a fair price for the work with a contractor of proven abilities. The proposed Change Order includes interior demolition, millwork, new partition walls, painting, drywall, a power assist door and carpeting. I_ 199 Staff will be bringing another proposed Change Order to the City Council at a later date for exterior improvements which will include covered parking and additional accessible parking spaces. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a contract Change Order to GKK Works in the total amount of $106,130 for the interior Phase II improvements to the La Quinta Library; or 2. Do not approve the Contract Change Order; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 191 S:\CityMgr\STAFF REPORTS ONLY\C15 library change order.doc 2 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 4, 2007 BUSINESS SESSION: ITEM TITLE: Approval of an Amendment to the Professional Services Agreement with VCA Code Group CONSENT CALENDAR: (VCA), formerly Van Dorpe Chou Associates, to Provide STUDY SESSION: _ Plan Check Services PUBLIC HEARING: RECOMMENDATION: Approve an amendment to the Professional Services Agreement (PSA) with VCA Code Group (VCA), formerly Van Dorpe Chou Associates, to provide plan check services for a period of two years. FISCAL IMPLICATIONS: These services will be paid on a time and materials basis for plan check fees. Funding for these services is included in the Building and Safety operating budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In November 1999, the City of La Quinta executed a Professional Services Agreement with VCA Code Group (formerly Van Dorpe Chou Associates) to provide plan check services. Services have been rendered under the original contract for the past eight years. In spite of the increasing costs of providing professional services, this is the first request for an increase in fees (Attachment 1). This item updates the language of the Professional Services Agreement to the City's current standard and grants a fee increase which will be reviewed again in two years. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 192 1. Approve an amendment to the Professional Services Agreement with VCA Code Group to provide plan check services; or 2. Do not approve an amendment to the Professional Services Agreement with VCA Code Group to provide plan check services; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Build' g & Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. VCA Code Group Schedule of Fees 193 2 ATTACHMENT 1 VCA CODE GROUP 2007 Schedule of Fees Personnel Services Hourly Rate Principal...................................................................................................................... .................... $160.00 Building Official - Project Manager................................................................................................$135.00 StructuralEngineer.......................................................................................................................$115.00 PlanCheck Engineer, P E...............................................................................................................$95.00 NonStructural Plan Checker............................................................................................................$75.00 ComputerProgram Analyst...............................................................................................................$90.00 CodeEnforcement Officer................................................................................................................$70.00 Combination Building Inspector.......................................................... .......$75.00 ...................................... Senior (Commercial) Building Inspector..........................................................................................$55.00 Clerical/Word Processor...................................................................................................................$48.00 DataEntry Clerk...............................................................................................................................$32.00 Outside Services A 10% fee for administrative coordination and handling will be added to subcontracted services such as foundation reports, photogrammetry and specialist's services. Automobile Travel Mileage is charged in accordance with the IRS mileage reimbursement rate in effect at the time the service is provided plus a 10% mark up. P:IBD-Sa1es\PR0P0SALS1La Quinta12007 FeeSchedule.doc 3 194 f 7OFT AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 4, 2007 BUSINESS SESSION: ITEM TITLE: Approval of a Recipient for the 2008 Senior Inspiration Award Program CONSENT CALENDAR: 19 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve Diane Gunn as the recipient for the 2008 Senior Inspiration Award. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Senior Inspiration Award Program provides an opportunity to recognize and honor outstanding seniors throughout the Coachella Valley. On November 19, 2007, the Community Services Commission was 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 2008 Senior Inspiration Award Program. Two nominations were received, one for Diane Gunn from the Friends of the La Quinta 195 Library and one for Alex Hertzberg from the Friends of the La Quinta Senior Center. Both nominees met the criteria for the award and brief synopses are provided as Attachments 2 and 3. The Senior Inspiration Award Program Luncheon will be held on Friday, April 11, 2008 at the Westin Mission Hills in Rancho Mirage. The Community Services Commission recommends Diane Gunn as the 2008 Senior Inspiration Award recipient. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Diane Gunn as the recipient for the 2008 Senior Inspiration Award; or 2. Do not approve Diane Gunn as the recipient for the 2008 Senior Inspiration Award; or 3. Provide staff with alternative direction. Respectfully submitted, e. Edie Hylton 404 Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Letter requesting nominations from 8 organizations 2. Bio information for Diane Gunn 3. Bio information for Alex Hertzberg 196 2 ATTACHMENT 1 October 11, 2007 Dear: 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 on Friday, April 11, 2008 at the Westin Mission Hills in Rancho Mirage. 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 or older; • 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; • 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, 78-450 Avenida La Fonda, La Quinta, CA 92253 no later than November 9, 2007. Thank you for your assistance. It is most appreciated. Sincerely, DON ADOLPH, Mayor City of La Quinta Enclosure cc: City Council Edie Hylton, Community Services Director Christina Calderon, Recreation Supervisor P.O. Box 1504 • LA QUIN'rA, CALIFORNIA 92247-1504 78-495 CALLS-FAMPICO • LA QUINTA, CALIFORNIA 92253 %a (760) 777-7000 •FAX (760) 777-7101 197 �] ATTACHMENT 2 Diane Gunn 77-380 Avenida Montezuma La Quinta, CA 92253 Telephone: 564-2327 Email: dgunn@verizon.com DOB: 11/01/1936 Age:71 Diane is a retired professional librarian who has donated thousands of hours (15 hours per week) for over five years and hundreds of dollars to support the public library. She functions like an unpaid staff person — cataloging books and managing inventory. She is also a long-time board member of the Friends of the La Quinta Library where she is currently serving as secretary/treasurer. Diane is an active tennis player and member of the La Quinta Resort Tennis Club. She is very bright and engaged in civic affairs. She would never seek recognition but highly deserves it. 193 2008 Senior Inspiration Awards NOMINATION FORM Please do not embarrass your nominee by not meeting the award criteria Must be at least 70 years old; reside in your city; 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; Personify a healthy, active, and contributing attitude and lifestyle Nominating City: � Q l 1 4tcipient's (First andLast Name: k"o CCi J tDUB: OW . I r123(o Age: No later than April 41, 1938 9Kaft,9ddress: a,q _ 7e6 5f4 _ ��j �� - rE-maiCA (� t)21i tlz cliV Recipient's Big (- 200 words) Tease provide this information to Christina Calderon 6Y November9th 1Fax prefiemd (760) 564-5004 or mail to: La Quinta SeniorCenter 78-450 Avenida La tFonda La Qumtq CA 92253. 19 ATTACHMENT 3 Alex Hertzberg 78-765 Nolan Circle La Quinta, CA 92253 Telephone: 772-1552 Email: alhertz634@msn.com DOB:06/06/1934 Age:73 Mr. Alex Hertzberg is a retired Federal employee. He served overseas as a Foreign Service Officer with the U.S. Embassy and later as an Engineering Program Manager for the Department of Defense. In 1996 Mr. Hertzberg opted for an early retirement from the U.S. Army's Space and Missile Defense Command and in November of 2004 he and his wife established their new residence in La Quinta. Alex has been a very active volunteer at the La Quinta Senior Center for the past 3 years. He is highly regarded by all participants of the Senior Center's programs. In addition to participating in various activities he is the operator of the weekly Thursday movie at the La Quinta Senior Center as well as the buyer of some of the Center's commodities paid for by the Friends of the La Quinta Senior Center. Alex is a member of the Board of the Friends of the La Quinta Senior Center and was recently elected as Board Vice -President. He is an astute individual, a valued volunteer, and a respected member of the Senior Center community. 20q 2008 Senior Inspiration Awards NOMINATION FORM Please do not embarrass your nominee by not meeting the award criteria Must be at least 70 years old; reside in your city; 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; Personify a healthy, active, and contributing attitude and lifestyle Nominating City: 1-,9 �ZIIAITA Qsdpient s First and Last Name: ALEX A%PTz 6C DOB: .,Ju.vc 6, /334 Age: 73 No later Man Apr# 11, 1938 9taik1WAddress• 79765 /tloc-Pm C-1,CcL6- L Quiniri9 �fi 9 2 z S 3 7 E-mail' �JLHE.2TZ 63 ¢ C� MsN �ue7 &cipient's Bio (+/-200 words,) Mr. Alex Hertzberg is a retired Federal Employee. He served overseas as a Foreign Service Officer with the U.S. Embassy and later as an Engineering Program Manager for the Department of Defense. in 1996 Mr. Hertzberg opted for an early retirement from the U.S. Army's space and Missile Defense command and in November of 2004 Mr. and Mrs. Hertzberg established their new residence in La Quinta. Alex has been a very active volunteer at the La Quinta Senior center for the past 3 years. He is highly regarded by all participants of the Center's programs. In addition to participating in various activities he is the operator of the weekly Thursday movie at the center as well as buyer of some of the center's commodities paid for by the "Friends of the La Quinta Senior center". Alex is a member of the Board of the "Friends" and was recently elected as Board vice President. He is an astute individual, a valued volunteer, and a respected member of the Senior Center community. /Please provide this inforntation to Christina Calderon 6y Novem6er 9th Fad preferred (760) 564-5004 or mail to: La Quinta Senior Center 78-450 Avenida La Fonda La Quinta, CA 92253. 201 Twyl 4 e(Iry QUUM AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 4, 2007 CONSENT CALENDAR: 13 ITEM TITLE: Approval of a Contract Change Order to Davis STUDY SESSION: _ Reed Inc. to Underground Existing Overhead Utilities at the La Quinta Museum, Project No. 2000-10 PUBLIC HEARING: RECOMMENDATION: Approve a Contract Change Order to Davis Reed Inc. in the total amount of $68,826 for additional work associated with relocating existing overhead utility lines underground. FISCAL IMPLICATIONS: Sufficient funds are available in the project contingency fund. CHARTER CITY IMPLICATIONS: There is no requirement for prevailing wage on the project. BACKGROUND AND OVERVIEW: On April 3, 2007, the City Council awarded a contract to Davis Reed Inc. to construct the museum expansion. At the time of bidding, the plans for the underground installation of the existing utilities was completed, but not yet approved by the Imperial Irrigation District. Subsequently, the District approved the plans with revisions and additions that were not included in the bid documents. Approval of the proposed change order would incorporate the added work into the contract. Relocating the utilities underground is required due to the proximity of the overhead wires to the new building. The City's construction management firm (PW Construction) has reviewed the contractor's cost breakdowns for the additional work and has found them to be reasonable. 202 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a Contract Change Order to Davis Reed Inc. in the total amount of $68,826 for additional work associated with relocating existing overhead utility lines underground; or Do not approve the Contract Change Order; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\C18 CO Underground Utilities.doc 203 04 �� QUM& S COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Consideration of City of La Quinta and Coachella Valley Water District Cooperative Landscape Water Management Program and Appropriation of $50,000 from General Fund Unallocated Reserves RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a City of La Quinta and Coachella Valley Water District Cooperative Landscape Water Management Program and appropriate $50,000 from General Fund Unallocated Reserves. FISCAL IMPLICATIONS: City Council approval of this program will require an appropriation of $50,000 from General Fund Unallocated Reserves (Account #101-0000-290.00-00) to fund its initial phase. The General Fund allocation will fund the following: 1) Cost sharing with CVWD for landscape design and consulting services in the amount of $25,000 2) Cost sharing with CVWD for home owners in the amount of $25,000 Additional General Fund funding for subsequent phases may be required for specific retrofit programs or capital improvements. Redevelopment funding will be required for Redevelopment Agency Cove homes (for landscape and irrigation retrofits). A specific budget would be prepared and submitted as part of the Mid -Year Budget process or during the Fiscal Year 2008-2009 Budget process. CVWD will appropriate $50,000 to match the City's contribution to this program. CHARTER CITY IMPLICATIONS: None. , . 20� BACKGROUND AND OVERVIEW: This project is a cooperative effort between the City of La Quinta and the Coachella Valley Water District (CVWD), and proposes to build on the success of the current Weather Based Irrigation Controller Pilot Program (WBIC). To date, the WBIC has resulted in the installation of 88 weather -based irrigation controllers, with each controller saving an average of 131 gallons of water per day. The annual water savings is estimated at 4.2 million gallons. Due to the success of the program, the City and CVWD are proposing a City of La Quinta and Coachella Valley Water District Cooperative Landscape Water Management Program (Attachment 1) to reduce landscape water usage and eliminate sprinkler runoff to City streets. The CVWD Board will consider this program later this month or in early January 2008. The program will initially concentrate on reducing water usage and eliminating runoff on City -maintained properties. It will expand the current City/CVWD Weather Based Irrigation Controller Pilot Program and initiate a landscape retrofit demonstration program for homeowners in La Quinta. These initial efforts are part of an overall program to improve water use efficiency on both public and private property within the City of La Quinta. The overall program includes five main components: 1) Water management opportunities on City properties 2) Water management opportunities in single-family homes 3) Water management opportunities for homeowner association properties 4) Water management opportunities on golf courses 5) Public relations opportunities In the initial phase, CVWD's water management staff along with City staff will identify and prioritize several City -maintained sites where opportunities for improved water efficiency exist. CVWD and the City will determine the cost to retrofit landscaped areas, upgrade irrigation systems, and improve irrigation management. CVWD will work with the City to determine a cost sharing mechanism for the recommended retrofits and/or upgrades. The initial phase will also include a demonstration program for individual homeowners. It will capitalize on the success of the current WBIC program by continuing and expanding the program. In addition, a cost sharing opportunity will be provided to individual homeowners to retrofit existing spray irrigated landscapes into water efficient drip irrigated landscapes (or more efficient non -spray irrigation systems). City and CVWD staff recommends that this program be focused on irrigation and landscaping since 70% of a single-family home's use is for exterior (landscape related) uses. This initial phase project authorization will fund an inventory of City properties to assess the potential for water savings and runoff elimination. It will also provide funds . 205 to continue and expand the WBIC program and initiate a homeowner landscape retrofit program to increase water use efficiency and eliminate runoff to City streets. Attachment 1 provides a description of the full, long-term program. It includes more detail on the five main components listed above as well as a corresponding action plan for each component. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a City of La Quinta and Coachella Valley Water District Cooperative Landscape Water Management Program and appropriate $50,000 from General Fund Unallocated Reserves; or 2. Do not approve a City of La Quinta and Coachella Valley Water District Cooperative Landscape Water Management Program; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. Ev ns, Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. City of La Quinta/Coachella Valley Water District Cooperative Landscape Water Management Program — Program Description 206 ATTACHMENT 1 City of La Quinta/Coachella Valley Water District Cooperative Landscape Water Management Program — Program Description This cooperative program between the City of La Quinta (City) and the Coachella Valley Water District (District) will initially focus on runoff on City -maintained properties. It will also include the continuation and expansion of the City/District Weather Based Irrigation Controller (WBIC) program. A third component of the initial phase is to provide cost share rebates for homeowners who retrofit their landscapes to improve water use efficiency and eliminate runoff. These initial efforts are part of an overall program to improve water use efficiency on both public and private property within the City of La Quinta. The overall program includes five main components: 1) Water management opportunities on City properties 2) Water management opportunities in single family homes 3) Water management opportunities for homeowner association properties 4) Water management opportunities on golf courses 5) Public relations opportunities This cooperative effort to improve water management on landscapes and reduce water runoff to streets in the Coachella Valley addresses a vital issue. Not only will it conserve our precious water resources, but it will also decrease street maintenance costs, and will address safety issues, and health issues associated with standing water as mosquito breeding areas and the threat of West Nile Virus. An overdraft of the groundwater table, persistent drought in source areas of the State Water Project and the Colorado River, and energy issues associated with the pumping of water are other reasons for increased emphasis on proper water management. The following are descriptions of the five main program components: 1) Water management opportunities on City properties - The City and the District will list and inventory City -maintained properties and rank them according to water savings and runoff reduction potentials. - The District will provide water use analyses for identified City properties. The District will assist the City in designing a package of conservation measures tailored to each property. Water management measures that could be implemented, include but are not limited to WBICs, turf conversions, turf set backs, sub surface and surface flow irrigation, clock adjustments, time of day adjustments/ run times, more efficient sprinklers, landscape design reviews, etc. '�07 The District and the City will document water savings by using before and after water use records. Runoff reductions will also be measured on a before and after basis. ACTION PROGRAM: • Evaluate and compare water efficiency of new median island landscape on Avenue 52 and Avenue 54. • Evaluate existing parkways included in the City landscape district and retrofit existing landscape and irrigation where runoff is observed. • Evaluate irrigation system for City Hall expansion and add non -spray turf irrigation for new turf area. • Explore implementing a cooperative water waste hotline and response program. 2) Water management opportunities in single family homes The District will provide water management technical assistance and follow- up to participants. The District will monitor participants' water use records to document savings and prepare public information. The District and City Redevelopment Agency (RDA) will use RDA Cove homes as a demonstration project. The District and the City will offer a demonstration project which will include landscape retrofit cost share rebates to individual homeowners to encourage implementation of water efficiency measures including WBICs, turf setbacks, sub surface and surface flow irrigation, etc. ACTION PROGRAM: • City and District will prepare typical landscape and irrigation designs for single family residential properties. • City and District will actively promote WBICs and prepare regular monitoring updates for use in public relations programs. • The retrofit program will incur up to $1,000 matching/cost share fund program for the first 50 single family residences. ., 203 • The RDA will retrofit up to three of its Cove homes with water efficient landscaping. Additionally, as existing Cove homes are sold to qualified low income families, the landscape will be retrofitted with water efficient landscape and irrigation systems. The District will monitor monthly water bills of participants, notify them of any unusual usage patterns, and will provide technical assistance to decrease water use. 3) Water management opportunities for homeowner association (HOA) properties - The City and the District will list and inventory HOA-maintained properties and rank them according to water savings and runoff reduction potentials. The District will promote its Landscape Low Interest Loan program to identified HOA properties. The District will assist the HOA in designing a package of conservation measures tailored to each property. Water management measures that could be implemented, include but are not limited to WBICs, turf conversions, turf set backs, sub surface and surface flow irrigation, clock adjustments, time of day adjustments/run times, more efficient sprinklers, landscape design reviews, etc. ACTION PROGRAM: • The District will perform water use analyses for identified HOA properties. • The District will contact HOA Boards and/or management companies to explain the loan program and to assist interested HOAs in filling out and processing the loan application. The District will document water savings by using before and after water use records. 4) Water management opportunities on golf courses - The District can offer irrigation system evaluations and technical assistance to golf course managers to improve water use efficiency. - The District will promote participation in its Water Efficient Golf Course Certificate program. �v The District will work with Golf Courses to assist them in more fully utilizing Coachella Canal water rather than groundwater for turf and landscape irrigation. ACTION PROGRAM: • The District and the City will list golf courses within the City. The District will provide water use records and water use analyses for listed golf courses. The District will document water savings by using before and after water use records. 5) Public relations opportunities - Through the initiation of high visibility projects on City property, private homes and golf courses, this cooperative program can foster the growth of a water management ethic for the citizens of La Quinta and the entire Coachella Valley. - The District and the City will keep visibility and water use efficiency in mind when prioritizing and selecting water management projects. - The public relations departments of the District and the City will work with one another to produce news releases, City newsletter articles, District newsletter articles, water bill announcements and signage. ACTION PROGRAM: • The City and District will prepare a feature section for the City's January newsletter describing this program and encouraging water conservation. • The City and District will create award programs and competitions such as yard makeovers to stir public interest and involvement. • The City and District will attend neighborhood organizations, service organizations and other activities to promote this program. 21� 4 ZPQumr�, COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Consideration of Two Tile Murals in Old Town RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: e1 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: A recommendation has been made by the Community Services Commission to approve Art in Public Places (APP) funding of $15,500 for the purchase of two tile murals to be placed in Old Town. Funding for this project is available in the APP Art Purchase Account No. 270.0000.451.74-80. On October 5, 2004, the City Council approved two tile murals to be placed in Phase 1 of Old Town. Artist, Tom McGraw, was commissioned to complete the work for $9,461. Mr. McGraw was paid $4,730.50 to purchase supplies and begin the work. He was unable to complete the work and his contract was terminated on March 27, 2007. On September 19, 2006, the City Council approved an antique bell to be purchased and placed in the bell tower at Old Town for $15,000. PROJECT COSTS Tom McGraw, Tile Murals $4,731 Village Bell $15,000 New Tile Murals Request $15,500 TOTAL $35,231 As of this date Phases 1 and 2 of Old Town have paid $32,151 into the APP Fund. The Community Services Commission recommends that the APP balance of $3,080 be allocated from Phase 3 development of Old Town in the future. 211 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 5, 2004, the City Council approved two tile murals to be placed in Phase 1 of Old Town. Artist, Tom McGraw, was commissioned to complete the work for $9,461. Mr. McGraw was paid $4,730.50 to purchase supplies and begin the work. He was unable to complete the work due to circumstances beyond his control and his contract was terminated on March 27, 2007. On August 31, 2007, the City Council received a letter from Wells Marvin requesting consideration for new tile murals to be made for Old Town (Attachment 1). The two murals would be designed and made by La Quinta artists, Nancy and Larry Cush, for $15,500 (Attachment 2). The first mural is a triptych of three different and smaller murals portraying a mountain scene, a Spanish style fountain, and ridgeline at sunset (Attachment 3). This mural is 5 %= feet high and 10 feet wide and would be placed in a recessed wall niche on the Carmel Building. The second mural is a depiction of early La Quinta that includes a date grove, ocotillo cactus, quail and a citrus tree (Attachment 4). This mural would be 5 feet high and 7 feet wide and would be located at the Los Altos Building on the east outside wall of the Old Town Coffee Company. At the November 19, 2007 Community Services Commission meeting, the Commission recommended the approval of the two tile murals and their locations. Two Commissioners felt that Mural ft2, adjacent to the Old Town Coffee Company (Attachment 5), was not in a location that was easily seen by the public. In addition, Wells Marvin has agreed to pay for lighting both murals at a cost of approximately $1,500 dollars. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the purchase of two tile murals for Old Town for $15,500 and allocate $3,080 from Phase 3 development of Old Town; or 2. Do not approve the purchase of two tile murals for Old Town for $15,500 and do not allocate $3,080 from Phase 3 development of Old Town; or 3. Provide staff with alternative direction. 212 E Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. Letter dated August 31, 2007 2. Artist Information 3, Triptych Mural 4. Depiction Mural 5. Site location 2A3 3 ATTACHMENT 1 IECD SEP 0 7 2007 LA QvinfA August 31, 2007 Don Adolph, Mayor City Council Members Henderson, Kirk, Osborne & Sniff City of La Quinta P. O. Box 1504 La Quinta, CA 92247-1504 Honorable Mayor and Council Members Old Town La Quinta received approved funding in October 2004 for two tile murals by artist Tom McGraw to be installed in Phase One of Old Town. Unfortunately Mr. McGraw was unable to complete the installation in Phase One. Since then, Phase Two development has also been completed. By way of this request Old Town La Quinta wishes to move toward completion of the tile murals in both Phases to achieve a unified aesthetic throughout Old Town. Old Town endorses the designs submitted by La Quinta artists, Nancy and Larry Cush as described below and detailed in the attached proposal. Mural # 1... is a triptych for the Carmel Building. The background tile will be of a dark indigo blue, with the border framing around the 3 murals, a very dark blue. The fountain in the center will be the same design as their fountain, with an evening sunset of orange fading to blue high in the sky. The mountains are the ridge line of the mountains when you look north from Old Town. Mural # 2... is for the Los Altos Building, the Coffee Shop's patio wall It is 7ft wide by 5 ft high, and will be placed and centered on the wall. The mountains are the ridgeline of the mountains when you look North West from Old Town. A glimpse of what was before the development of La Quinta with the old date grove, ocotillo cactus, quail and citrus. The pricing for both murals is $16,500 and we ask for your favorable decision to fund the proposed Art in Public Places project with developer fees paid by Old Town La Quinta. Very J�truly yours, VA �y,� Wells L. Marvin, President Marvin Investments, Inc.' Managing Member for Old Town La Quinta, LLC Old Town La Quinta Tile Murals Misc. Letters 8-31-07 n 4� 4 79-01r M.,in On5 4 1 .. rA oo094 • 17Anl 777_177n T:-- /7AM 771Gng7 • -_.« d. 1--- _... . _IJau...-I,.....:..b. --- FROM : KILLGROVE D PHONE NO. : 661i ATTACHMENT 2 Ceramic Tile Artist NancyCu Nancy Cush has been hand painting ceramic tile murals in Hawaii & California for the past 15 years. You will find her work in many custom homes and commercial settings. Her art tiles are durable as well as beautiful and can be used in both exterior and interior installations. Nancy's background as a riber artist and her love of color has influenced her style of painting, Giving her work a unique and fresh appearance. Her subject matter has evolved around Hawaiian themes, Underwater Reefs, and Tropical, Desert & Country Landscapes. She enjoys working with the client, architect or designer to achieve a personal site specific design. Nancy's projects include: 450 Tile Hawaiian Reef Scene — Huggos Restaurant, Kailua Kona, Hi. Turtle Murals — Kona Village Fitness Center "Brian's Garden" landscape mural — Waimea Hospital, Big Island, Hi. Dolphin Mural — Hawaii Preparatory Academy Handmade Replica Tiles, for the restoration of— The Hulihee Palace for the State of Hawaii Five Tribal Thorned Table Top Murals - Agua Caliente Tribal Center, Palm Springs Ca. Tuscan Vineyard Landscape — The Andalusia @ Coral Mountain, La Quinta Ca. Etched Glass Artist Larry Cush Larry Cush has a bachelor's degree ftnm Central Washington University. His major was in Art Education with an emphasis in ceramics.,He established a ceramics studio in Western Washington where he produced stoneware pottery. His work has won awards and is in many private collections. Larry also taught ceramics for adult education at Grays Narhor Community College and later at Maui Community college in Hawaii. His current personal work is in etched and fused glass where he works with architects, designers and home owners to use his contemporary designs in homes and building environments. Larry and Nancy work as a team and often assist each other in all aspects of the creative process. We hold a California Contractors License in Ceramic Tile #793758 Please visit our website at www.cushtile.com 215 Nancy & Larry Cush 760 218-2648 Nancy's cell 760 218-0559 Larry's cell 52-100 Avenida Ramirez LaQuinta Ca. 92253 10-15-07 Pricing Amendment Marvin Homes Old Town LaQuinta 78-015 Main Street, Suite 110 La Quinta Ca. 92253 Noreen Tripp Hudson, Director of Development Leslie Locken, Property Manager 760 275-8238 Old Town La Quinta Tile Murals Project Cost Carmel Building South side, recessed wall niche Mural size 5 %z ft. high x 10 ft. wide, arched top Mural 1 $ 8,500 Triptych Old Town Fountain Scene with Logo. Murals to be hand painted glazed 6x6.. Kiln fired and installed over floated mortar bed on existing stucco wall. Background tile to be selected field tile. Los Altos Building East wall of coffee shop outdoor seating Mural size 5 ft. high x 7 ft. wide Mural 2 $8000.00 La Ouinta Landscape Scene d Pricing Amendment- We are offering to reduce the price for doing each mural by $500.00, Only if both murals are done. If only one is selected the original cost will apply. Tile murals are hand painted glazed 6x6. Kiln fired and installed over floated mortar bed on existing stucco walls. Total Cost $16,500.00 Price Reduction $ 1,000.00 see pricing amendment above Total" $15,500.00 Sincerely, Nancy and Larry Cush ., 216 9.1 ATTACHMENT 3 t A. n rx is 1 -c 7.�'ix x�l r a +duy 4g1 r . 4 + 1 1 T, i r ;44y- �.�..-' ` y . �. YF�. x`,,�aa�"r"P'n�.r"31�„'�"ti`µ',;t'.s'f+-°�?::v`'Ni`L,.c`<�3C �.k. ,'c�Yy,�,�is✓`� � ' i syt r� i x d j, q 94, .+ . e '� #1 s'• .. , _ a RE, 21i ATTACHMENT 4 218 8 ATTACHMENT'K J f� AVE DA BERMUDAS rn V:o Z a �� ►AN / T L01 CE`y OF T1'� COUNCIURDA MEETING DATE: December 4, 2007 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Consideration of Sponsorship of The CONSENT CALENDAR: Prestige at PGA West — STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The sponsorship request by The Prestige at PGA West is for $5,000. This item is not included in the City of La Quinta Fiscal Year 2007-2008 Budget. If the City Council elects to sponsor this event, staff would need direction on Council's desired funding source. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 6, 2007, the City Council considered 2nd quarter Community Services grants and funding requests. The Grants Review Committee reviewed eight grant applications from various local organizations and requested five for funding. The Grant Guidelines indicate only non-profit organizations are eligible and are limited to $5,000 in funding. Grant recipients cannot receive consecutive year funding as stated in the City of La Quinta Grant Guidelines. 220 The Prestige at PGA West Collegiate Golf Tournament (Attachment 1) was held October 14-16, 2007, and was one of three grant requests not recommended for funding by the Grants Review Committee. The Prestige at PGA West was requesting $5,000 to help pay for the operating expenses of the tournament. These expenses included meals, accommodations, sponsor plaques and tee signs, trophies, and other miscellaneous expenses. The grant application submitted by The Prestige at PGA West is provided (Attachment 2). Although the request was not approved by Council as part of the grant process during the November 6, 2007 meeting, Council directed staff to have this item considered by the La Quinta Marketing Committee for a recommendation to the City Council. The La Quinta Marketing Committee met on November 19, 2007. This committee meets on a quarterly basis to share respective marketing efforts and explore ways to work together. Members include representatives from the Chamber of Commerce, Arts Foundation, La Quinta Resort, Landmark, Kiner Communications, and City staff. Per Council's direction, the committee considered the $5,000 sponsorship request from the Prestige at PGA West. The La Quinta Marketing Committee is not recommending that the City of La Quinta sponsor this event. Members expressed hesitancy in allocating funds retroactively (given the event took place in October). They felt the City did not have the opportunity to be proactive in its messaging and positioning related to any City marketing yielded. Also expressed were concerns regarding taking this request outside an established grant process. Members also found it difficult to measure the value of the advertising benefits outlined by The Prestige. The committee would advise The Prestige to approach the City of La Quinta at an earlier time next year. Staff has informed Mark Weissman, Tournament Director, of the committee's recommendation to Council. Mr. Weissman was also informed that Council would be considering this item today. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a $5,000 sponsorship request for The Prestige at PGA West; or 2. Do not approve a $5,000 sponsorship request for The Prestige at PGA West; or 3. Provide staff with alternative direction. 221 Respectfully submitted, .x/ � Douglas FeEvans, Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. General information on The Prestige at PGA West Collegiate Golf Tournament 2. Grant application submitted by The Prestige at PGA West 222 ATTACHMENT Mere, ikwited to b& p rt- of oar tea t.,! The 2007 Prestige I at PGA WEST' The Greg Norman CourseTm at PGA WEST, La Quinta Presented by Hormel Foods and Farmer John® Meats Hon e/ Foods Sponsored by rs,,. Kohlberg Kravis Roberts & Co • GEM - Division of Chrysler • Charles Schwab 3 J Budget Rent-A-Car • Nike Golf • KFSQ-TV • Daily News • The City of la Quints Joi;& a,, heAm o f three) wi& me, coaeg a&p,(,ayer at the famed Greg Norman Course® at PGA WEST including use of the great Greg Norman Course practice facilities, a gourmet brunch -lunch and an invitation to a very special Prestige Celebration Awards Dinner in the Private Clubhouse Only $400. per person, checks made out to The University of California Regents (tax deductible to the went allowed by law) TA"' Ls a, �eci oPLIarIm,I1ty to #Il y Icuu�, October 14 at 11 a..ttt,. October 15 and 16 watch as 16 Great Universities, dedicated to academic and golf excellence are competing for the Prestige Team and Individual Championship Stanford University, co -Host, 2006 Prestige Team Champions, 2007 NCAA Champions University of California, Davis, Co -Host, Pepperdine University • Texas Christian University *-- University of California, Berkeley • University of California, Irvine University of Central Florida • University of Colorado University of Denver • University of Kansas , University of Michigan • University of Minnesota University of North Carolina, Charlotte • University of the Pacific University of San Diego • University of Wisconsin 3ia f for more information: go to www.prestige-pgawest com { call (760) 202-3334 or email: mwa.mktg@verizon.net 223, y: Ju.guoa ... Yorti aKd yoar f`� are i�urrted to a. red#great wee, The FREE 2007 Prestige at PGA WEST"' Junior Clinic Presented by Hormel Foods and Farmer John® Meats • 07AC1 Sponsored by Kohlberg Kravis Roberts & Co. • GEM - Division of Chrysler • Charles Schwab # I"' BudgetRent-A-Car • Nike Golf • KESQTV •Daily News •The City of La Quints Its FRFF ... You,, ca ct beat that: At tit& Greg Nortaaw Cowie, at PCgA WEST, La. ZuiK a. Featuring collegiate coaches from amongst the nation's top universities - Bring a golf club with you and see and hear what it takes to play collegiate golf-, you'll have a chance to hit some balls and get some great tips. FREE Farmer John Hot Dogs for the whole family f T ...see the really cool Farmer John Hot Dog Wagon! Tkfi5 LS al gwtafi off ortwuty to attend R fa turriay, October 13 at 2 P ram. �.,.> Mu On October 15 and 16 watch as 16 Great Universities, dedicated to academic and golf excellence are competing RN t for the Prestige Team and Individual Championship ptA �- Stanford University, Co -Host, 2006 Prestige Team Champions, 2007 NCAA Champions University of California, Davis, co-Host, Pepperdine University • Texas Christian University t ,r University of California, Berkeley • University of California, Irvine University of Central Florida • University of Colorado University of Denver • University of Kansas University of Michigan • University of Minnesota University of North Carolina, Charlotte • University of the Pacific � University of San Diego •University of Wisconsin r , „ For more information: go to www.prestige-pgawest.com j= ui call (760) 202-3334 or email: mwa.mktg@verizon.net Go to golfstat com for pairing & scoring information t ' 1 224 ATTACHMENT 2 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: _Prestige at PGA West Collegiate Golf Tournament Amount Requested: _$5,000.00 Contact Person: Bob Bullis, Associate Athletic Director Mailing Address: _UC Davis, Athletic Dept, One Shields Avenue City: _Davis State: _CA. Zip Code: _95616 Home Telephone Work Telephone _530-752-4806 E-mail address _rebullis@ucdavis.edu 501(c)3 Taxpayer I.D. Number: Fed-94-6036494 CA-935-0501-4 Date Submitted: 9/26/2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 25 CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: Community Services Support _X_ Economic Development/ Marketing and Sponsorships What is the overall purpose or goal of your Organization? The purpose of the event is to bring together some of the best academic universities that sponsor golf to the desert area. This is a celebration of academic and athletic achievement in golf. 2. How long has your Organization been inexistence? 8 Years Months 3. Describe in general the activities or services of your Organization: Intercollegiate golf tournament co -sponsored by UC Davis and Stanford University, the NCAA Division I National Champion for 2007. The event will bring 17 collegiate golf teams to the LaQuinta area for this 3 day event. 4. How many people does your Organization currently serve? No. of Youth 150 No. of Adults 100 No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 125 No. of Adults No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees Part time employees Volunteers 8. Describe how your Organization is managed and governed: This event is co -sponsored by Stanford University and UC Davis. Professional staff from both institutions will be on hand to oversee the tournament. The Tournament Director is also a resident of the area. 226 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone IO.What is your annual schedule of events, and during what months does your Organization operate? Junior Clinic Saturday, October 13 College -Amateur Tournament Sunday, October 14 16 Team Intercollegiate Tournament Monday & Tuesday, October 15 & 16 11. Do you charge admission, membership fees, dues, etc? Yes X No If Yes, please describe: 12. What are your other sources of revenue for this funding year? Source Amount Corporate sponsorship and fees collected from the amateurs in the college -am tournament. Total Needed $ 90,000.00 Total Received $ 75,000.00 Balance $ 13. Amount of money requested from the City of La Quinta? $ _5,000.00 14. Has your Organization been funded by the City of La Quinta previously? 227 X Yes If so, when 2006 No 15. Please provide the name and address of the bank in which the Organization's funds are kept: 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: _Robert E. Bullis _Associate Athletic Dir., UC Davis 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The funds requested are to help pay for the operating expenses of the Tournament. These expenses include meals, accommodations, sponsor plaques and tee signs, trophies and other miscellaneous expenses. Virtually all of these funds are spent in the City of Laquinta during the tournament. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) The City of LaQuinta will benefit directly from these funds through the people who the Tournament brings to the area. Besides the collegiate team members there are parents and supporters of the Tournament who will be spending time in the area. 228 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. The Tournament is operated through the University of California, Davis financial system and must abide by all University rules and regulations. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 229 Estimated 2007 Prestige at PGA West Budget Kohletb Kan. Roberts & Co Sponsorship Cash $ IS 000 00 LaQwnta Hotel accommodations for learns andsponsors $ 26,000 00 Charles Schwab $ 1500000 Sunday Breakfesst for 85 $ 110000 GEM Car SpovsorshiD -Cash $ IS 000.00 Lwday Lunch for I90 $ 3,50000 Hormel Foods Co bon $ 1250000 Sunday D. for 255 E 1050000 Fanner Jobn Clo Paekm Co S 12 500.00 Mouda Breakfast for 100 $ 1,30000 $ 2007 Prestt a College Am Entries $ 10 000 00 Monday Lunch Pon of Subs -Corn Team auy Fees $ 8 000 00 Monday Donner for teams and coaches at Arnold Pahners $ 3,00000 Ci of La mta Potential $5,000 S sorslu $ Tuesday Breakfazt for 90 $ 1,00000 Total $813,000.00 Tuesday Lunch for 100 $ 2,50000 Saturday Practice Round Charges (90P $35) E 3,15000 Sunda Golf Charaes(College AM) $ 5.00000 Mon GolfChares S 5000.00 Tuesday Golf Charges $ 5,000.00 Miscellaneous Esp.(Fruit, Granola Bars Etc I pandb BBullis UCD GOIfTaam Ex Gas parlang,rental car meals $ 300.00 $ 30000 Saurda Nn [ S vsor Dinner hosted 6 Hrl[on $ Subtotal S 67,650.00 BROCHURE AWARDS& MISCELLANEOUS Gabe Coddm Leader Boards & Numbers E 500 00 Spsnnsotr Plaques Tro bics Hole in One Ins Closest to the Pin etc $ 1,200 00 Golfetat S 400.00 § Nike Gift Ex nses from Smndord receipts) Smndfmd ex eases Scorecards Lunch Tee Si s etc $ 2,00000 Radio Rental-Covunumcatu rt Rental Service 12 Radios $ 40000 $ 10000 FEDEX Ch es Hovlrhan Design & Gmplucs Brochure and web page desotn S 2,40000 Houhhan Deli & G lucs Letterhead Template, Presage Wcbste, Host Websne Fee § 2,500.00 Mark Weissmann Reimbursement Flyer, Fedex, Lrmcb, Musician $ 70000 C 's Inp to La Qi.m $ 20000 Bob Bn11rs a rfare $ 15000 Mike Robles an efare $ 15000 Car Rental Gas and Parking $ 10000 Stanford Intern -Hotel & Car Rental $ 50000 BUDGETSUMMARY Tournament Coordinator $ 1200000 REVENUE $ 88000 Subtotal S 23.300.00 EXPENSES $90,950 B$ANANCE $ 2950 GRANDTOTAL $ 90950.00 239 A NATIONAL INTERCOLLEGIATE INVITATIONAL 10M I ll'IT ( LA,L GMT, NORNAN I 0..L AI fGA W Lt I R:A1Vi�tiT' rRFSINTFb m ILORMEL FARMER IOHN KOHLRI RG KRAVIS RORLRIS h CO CAM IAR IIII ��Illa'i{L �I I�i{IM1(�4H<I��l� II(CI PI. \ I NI: 11 i (AiAR1 ES CL'HWAR N I KF GOLI LA Q 11 N FA RPOR I PGA W M IHI DAILY NFWS KL"L IV OCIOSFR 13-16.2007 �a('�uitFjp, `J (P NO,IIU b, SIANEORD UNIVLRSI IY DII UNIVFRSIIYOFCAIIIORNIA. DAVIS W WtV PRLSTIGE PGAW ESFCOM PO, ROk I0823 PAIM DI SLRT CA -225S O601202-1334 MWA MKIGaVIRIYON NI I September 26, 2007 Ms. Edie Hylton Community Services Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Edie, Attached please find the completed grant form for the 2007 Prestige at PGA WEST. As discussed with your staff, The Prestige at PGA WEST has included the City of La Quinta on its related television spot, newspaper ads and Internet related materials. The newspaper ads are exposed in the Los Angeles market as well as other regions. The Southern California PGA is exposing The Prestige at PGA WEST Junior Clinic to its members throughout Southern California. The Southern California Golf Association is also interested in exposing this event. KESQ (ABC), KDFX (FOX) and the CW Television affiliates are exposing The Prestige at PGA WEST and have done so since September 17`h through the tournament October 13th —16`h I also sent an E-mail message to the Mayor and City Council through the City Manager's office as suggested by Wanda Latta inviting the Mayor to the VIP Sponsors Dinner on Saturday October 13" at the La Quinta Resort. This special dinner is being sponsored and hosted by Hilton Corporation whose Vice President of the Waldorf Astoria Collection is now our main liaison for the tournament. Hilton is also inviting their corporate CEO to attend. Other senior management people representing companies including Hormel and their customers, Budget Rent-A-Car, Nestles, Charles Schwab, the GEM Division of Chrysler and several other companies will be attending this special dinner. We also itemized the other events in the hope that the Mayor and City Council members may be able to attend. We would once again invite the Mayor to welcome the 16 universities and their supporters from throughout the nation during the Prestige at PGA WEST Celebration Awards Dinner on October 14`h at the PGA WEST Private Clubhouse at 6:00 PM. Please let us know if you should have any questions or need any further information. Thanks for your related efforts and those of the City in its review of the nation's pre-eminent collegiate golf event being held once again in La Quinta. Sincerely, Mark Weissmann Tournament Director/The Prestige at PGA WEST 231 Gz V_ D 4 OF Tl COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Consideration of an Ordinance Amending Sections 13.04.070 and 13.28.040 of the La Quinta Municipal Code Relating to Security for Subdivision Improvements RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. , on first reading amending Sections 13.04.070 and 13.28.040 of the La Quinta Municipal Code Relating to Security for Subdivision Improvements. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW Staff has identified an opportunity to further streamline the development process and reduce developer costs, while still maintaining high standards for development in La Quinta. Minor modifications to two sections of the La Quinta Municipal Code would allow the City to eliminate the labor and material bond requirement for private improvements on private property thus saving money for developers. Additionally, the legal remedy (with regard to labor and material) for contractors that construct on -site improvements on private property is preserved since this work is still subject to liens. 232 ANALYSIS The Subdivision Ordinance contained within the La Quinta Municipal Code (Chapter 13) does not differentiate between subdivision improvements which are to be privately owned and those that are to be publicly owned for purposes of providing security to ensure their installation. Staff recommends that Council continue to ensure the performance of the on -site, private common area improvements by continuing to require performance securities which ensure the installation of such private improvements for the benefit of the lot owners. Staff proposes that labor and material bonds no longer be required for on - site, private improvements, such as private streets, inasmuch as the property upon which they are located is privately owned and is subject to liens. In this way, bonding costs can be reduced for developers while still preserving remedies for contractors that furnish labor and materials for those on -site improvements. The City Attorney has reviewed the proposed ordinance. Environmental Review The ordinance amendment was reviewed under the provisions of the California Environmental Quality Act (CEQA). It was determined that the ordinance amendment is exempt pursuant to Section 15061(b)(3) of the CEQA guidelines. FINDINGS AND ALTERNATIVES The findings for approval can be made as noted above and in the attached Ordinance. The alternatives available to the Council include: 1. Motion to take up Ordinance No. , by title and number only and waive further reading. Motion to introduce Ordinance No. , on first reading amending Sections 13.04.070 and 13.28.040 of the La Quinta Municipal Code relating to security for subdivision improvements to reduce labor and materials bond requirements for on site improvements; or 2. Do not move to take up Ordinance No. 3. Provide staff with alternative direction. 233 Respectfully submitted, f imothy R oon, P.E. Public Wor<s erector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 13.04.070 AND 13.28.040 OF THE LA QUINTA MUNICIPAL CODE RELATING TO SECURITY FOR SUBDIVISION IMPROVEMENTS WHEREAS, the Subdivision Ordinance contained within the La Quinta Municipal Code (Chapter 13) does not differentiate between subdivision improvements which are to be privately owned and those that are to be publicly owned for purposes of providing security to insure their installation; and WHEREAS, the Subdivision Map Act does not mandate the requirement of security for improvements which are to be privately owned; and WHEREAS, the City nonetheless has and wishes to continue to ensure the performance of the on -site, private common area improvements, and therefore wishes to continue to require performance security which ensures the installation of such private improvements for the benefit of the lot owners; and WHEREAS, the City does not wish to require labor and material bonds for on - site, private improvements, such as private streets, inasmuch as the property upon which they are located is privately owned and is subject to liens; and WHEREAS, the City desires to avoid the need for subdividers to incur the expense of providing this type of security for private improvements. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Section 2.06.020(B) of the La Quinta Municipal Code is hereby amended to read as follows: "Improvement" means any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map. It also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination of them, is necessary to ensure consistency with, or 235 Ordinance No. Subdivision Security Page 2 implementation of, the general plan or any applicable specific plan. "Improvements" shall either be "Private Improvements," which are retained by the subdivider, the lot owners, and/or an association of owners within the subdivision, or "Public Improvements," which are intended to be owned by, or dedicated to, the City or another public agency. SECTION 2. Section 13.28.040 of the La Quinta Municipal Code is hereby amended to read as follows: Security in guarantee of the performance of any act or agreement shall be in the following amounts: A. Performance Security. One hundred percent of the total estimated cost of the public and private improvements or the act to be performed, which shall include all survey monumentation, design, construction and construction engineering; B. Labor and Material Security. One hundred percent of the total estimated cost of the public improvements or act to be performed, securing payment to the contractor, the subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required improvement or act. Labor and materials security shall not be required for private improvements or monumentation; C. Warranty Security. Ten percent of the total estimated cost of public improvements necessary to guarantee or warranty the work against any defective work or labor completed, or defective material provided, for a period of one year following the completion and acceptance of the work. Warranty security shall be provided after improvements are complete and accepted/approved by the city council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for private improvements or monumentation; D. Deferred Improvements. One hundred percent of the pro rata cost of deferred improvements which are a condition of subdivision map approval, but which are to be constructed by others. The types of deferred improvements include, but are not limited to traffic signals, bridge construction or major thoroughfare improvements. Deferred improvements shall be secured by performance security alone. No labor and materials or warranty security is required. •11 ' 236 Ordinance No. Subdivision Security Page 3 E. Improvement Plans. The city council may, by resolution, adopt procedures and security requirements for approval of final maps and parcel maps for which improvement plans are not complete. In the absence of such resolution, improvement plans shall be complete and approved by the city engineer prior to city council approval of final maps and parcel maps. (Ord. 320 § 3, 1998; Ord. 272 § 1 (part), 1995) SECTION 3. Subdividers who have existing labor and material security in place for private improvements may apply to the Director of Public Works for the release of such security. The Director of Public Works shall have discretion to authorize the release of such security, on a case -by -case basis, provided that: (1) the Subdivider is not in default of any of his/her/its obligations under the Subdivider's Subdivision Improvement Agreement; (2) the performance security for private improvements is still in full force and effect, and the amount of the security is sufficient to cover the installation of the improvements; and (3) all other subdivision security is in good order, and the engineer's estimates for the completion of unfinished improvements remain valid. The Director of Public Works may condition the release of the labor and material security for private improvements as he deems necessary to insure orderly completion of improvements, and may require verification of payment for completed work and notification to contractors of the requested release of security. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 18th day of December, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 237 Ordinance No. Subdivision Security Page 4 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California .•1 233 Ordinance No. Subdivision Security Page 5 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE 1 ss. CITY OF LA QUINTA ) I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-115. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California .�' 1 239 Twit 4 4 09ba COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Consideration of Formation and Appointment of Two Members to an Ad Hoc Committee to Review the 3rtl Quarter Grant Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On May 1, 2007, the City Council established a quarterly Community Services Grant Review Ad Hoc Committee which would include two City Council members to review the quarterly grant applications. Council Members Osborne and Henderson were assigned to serve on the committee for the Vt quarter (July 2007 — August 2007). Mayor Adolph and Council Member Kirk were assigned to serve on the 2"tl quarter (September 2007 — November 2007). The 3rtl quarter grant requests are due by January 11, 2008. Staff will set-up a meeting shortly after the due date for the ad hoc committee. At this time, staff is seeking City Council direction regarding assigning Council Members to the 3rtl quarter Committee. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve two City Council members to serve as the 3rtl quarter committee members; or 20 2. Do not approve two City Council members to serve as the 3`d quarter committee members; or 3. Provide staff with alternative direction. Respectfully submitted, EdAHyn Community ervices Director Approved for submission by: Thomas P. Genovese, City Manager 24i T4ht 4 4 Qu&m COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Consideration of Adoption of a Resolution Establishing an Internet Website Policy for Operation of the City of La Quinta Website RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: -40 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: If deemed appropriate, adopt a Resolution establishing an Internet Website Policy for operation of the City of La Quinta website. If approved, the Website Policy will permit various hotels located in the City of La Quinta to post their website links on the City's website. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the November 6, 2007 City Council meeting, Council asked staff if the City could provide links on the City of La Quinta website to the City's hotels. Staff reported it was researching the matter with the City Attorney's office and would bring back an item for City Council consideration which would allow the City to link to the hotels located in La Quinta. Staff is proposing that City Council adopt a Resolution to establish an Internet Website Policy which will enable the City to link to the websites of the various hotels located in the City of La Quinta. The proposed policy is provided as Attachment 1 to the Resolution. M Recent First Amendment case law has established that cities can, with the right policy and practice in place, maintain their public web domains as "nonpublic" forums. In such a non-public forum, cities can exercise reasonable control over whom and what can link to their websites. By "reasonable," it is meant that a city should control access to its website in accordance with an adopted policy that specifies legitimate, nondiscriminatory governmental purposes for the site. In addition, while a city's policy may exclude one category of entity or one category of speech over another, the city many not administer its policy in a manner that discriminates against one viewpoint over the other. The collective purpose of the City website includes: 1) providing a convenient and information -rich resource for residents, visitors, businesses, non-profit organizations, other public agencies, and schools to access their City government; 2) providing information and resources that contribute to the health, safety and welfare of the public; 3) contributing to the improvement of City services, fostering economic development within the City, and enhancing the sense of community within the City; and 4) establishing and strengthening long-term partnerships between the City, and individuals and entities in the public and private sectors. Additionally, the website policy has been tailored to specifically support those City businesses providing quality overnight accommodations for long- and short-term visitors, guests, and tourists in the City of La Quinta. Staff recommends that the website policy should be limited to businesses providing overnight accommodations for two primary reasons: (1) support for businesses providing quality overnight accommodations has a beneficial "trickle -down" impact upon all tourist -oriented business sectors in the City, including restaurants and retail shops, and (2) limiting hyperlink access to only hotels, motels and bed/breakfast establishments furthers the policy of maintaining the City website as a non-public forum. City Website as Non -Public Forum An important goal of the proposed Internet website policy is to maintain the status of the City website as a non-public forum. In a non-public forum, the City may impose reasonable restrictions on how the public uses the City website, so long as the restrictions are viewpoint neutral. Conversely, a public forum such as a public park is open for public expression. In public forums, the government is limited in its ability to regulate such speech. Because the City has an interest in ensuring that the information provided on the City website is consistent with the purpose of the City website, the proposed policy seeks to ensure the website remains a non-public forum, subject to the City's regulation. As a non-public forum, the City website is reserved for the 241 exclusive control of the City for the purpose of one-way communication to website users, and not for the purposes of public debate, discourse or exchange of ideas. External Links Posted on City Website To preserve the non-public forum status of the City's website, the proposed policy requires approval of the City Manager, or his or her designee, for each request for an external link posted on the City website. An external link is defined as "a hyperlink from the City website to a website maintained by a third party." In evaluating an application for an external link, the City will consider the relevance and appropriateness of the link in light of the stated purposes of the City website. Additionally, the proposed policy sets forth criteria for the City in evaluating the request, such as whether the requested link is sponsored by a government entity or certain non-profit and private organizations. The proposed policy prohibits external links that: 1) promote or exhibit hate, bias, discrimination, pornography, libelous or otherwise defamatory content; 2) have a primary purpose of furthering the agenda of a political organization or a candidate running for office (regardless of the political viewpoint), or defeating any candidate for elective office; 3) violate any of the City's equal opportunity policies; and 4) consist of personal home pages operated by individuals, regardless of the viewpoint expressed by such home pages. In any event, the final decision of whether to post or not to post an external link on the City website lies with the City Manager so long as the City Manager exercises his/her discretion in conformance with the stated purposes of the City website and the website policy. Similarly, the proposed policy provides the City Manager or his designee some discretion in posting events to the "Community Calendar" feature of the City website. Other Provisions of the Proposed Internet Website Policy In addition to the provisions described above, the proposed Internet website policy includes various provisions relating to the use of the City website. The proposed policy provides for privacy and security measures to protect in formation under the City's control, disclaims responsibility for information provided on external links and for any viruses or other contamination of a user's system due to use of the City website, provides for accessibility to individuals with disabilities, prohibits use of the City Seal, and provides that communication through the City website shall not constitute legal notice to the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution establishing an Internet Website Policy for operation of the City of La Quinta website, which includes establishing a pilot program for linking from the City's website to the websites of the various hotels located in the City of La Quinta ; or 2. Do not adopt a Resolution establishing an Internet Website Policy for operation of the City of La Quinta website, which includes establishing a pilot program for linking from the City's website to the websites of the various hotels located in the City of La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager 245 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING AN INTERNET WEBSITE POLICY FOR OPERATION OF THE CITY WEBSITE WHEREAS, this Resolution is intended (a) to establish an Internet website policy; (b) to provide guidance to City staff in addressing website issues; and (c) to serve as an important component of the City's technology program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City Council wishes to establish an Internet Website Policy (Attachment 1) for operation of the City website; 2. This Resolution shall take effect immediately; and 3. The provisions of the attached policy are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the policy or their applicability to other persons or circumstances. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of December, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 246 Resolution No. 2007- Adoption of Internet Website Policy Adopted: December 4, 2007 Page 2 ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 11, 247 ATTACHMENT 1 CITY OF LA QUINTA INTERNET WEBSITE POLICY 1. Purpose. The purpose of this Policy is to establish regulations for the development, operation, and administration of the City website and to ensure that the City website remains a non-public forum subject to the City's exclusive use and control. The purposes of the City's website are as follows: a. To provide a convenient and information -rich resource for residents, visitors, businesses, non-profit organizations, other public agencies, and schools to access their City government. b. To provide information and resources that contributes to the health, safety and welfare of the citizens of, and visitors to, the City of La Quinta. C. To contribute to the improvement of City services, foster economic development, and enhance the sense of community within the City. d. To establish and strengthen long-term partnerships between the City and individuals and entities in the public and private sectors where such partnerships further the public health, safety and welfare. e. To contribute to the provision of quality overnight accommodations for long- and short-term visitors, guests, and tourists in the City of La Quinta. Support for those businesses providing quality overnight accommodations has a beneficial residual impact upon all tourist -oriented business sectors in the City. f. To provide information about the City and its local services in a manner that is as manageable, efficient, and organized as possible. Information or External Links may be excluded from the City website where such additional information or External Links would create visual clutter and disorganization. 2. Policy. The City shall operate and maintain the City website as provided in this Policy. 3. Definitions. The following definitions shall apply to this Policy: 248 a. "City website" means the official City website available at www.la-quinta.org, and any additional domain name(s) that the City acquires for official City use. b. "Cookies" means files on the user's computer that enables a website to recognize the user on subsequent visits and possibly track the user's Internet use between visits. C. "External Website" means a website maintained by a third party, and not by the City. d. "External Link" is a hyperlink from the City website to a website maintained by a third party. e. "Security Measures" means practices for protection of physical configuration and environment, software, information - handling processes, and user practices. f. "User" or "Users" means an individual or individuals who access the City webpage through the Internet. 4. Non -Public Forum Status. The City website is a non-public forum. While the City encourages the public to use the City website to access information and resources, the City expressly reserves the right to impose certain restrictions on the use of its website. The City website is reserved for the exclusive control of the City for the purposes of one-way communication to users of the City website. The City website shall not be used to facilitate a general debate, public discourse or the free exchange of ideas. 5. Authority of City Manager. The City Manager or his designee shall have the authority and responsibility for the implementation of this Policy. The City Manager may also make interpretations on issues that are not clearly articulated or not included in this Policy, so long as the City Manager's discretion is exercised in a manner consistent with the stated purposes of the City Website. This Policy will be posted on the City website for review by the public at any time. Questions or comments regarding any subjects or issues addressed in this Policy may be directed to: City of La Quinta Attn: City Manager P.O. Box 1504 La Quinta, CA 92247 249 e-mail: citymanagersoffice@la-quinta.org 6. Privacy. The City is sensitive to the privacy interests of the users of the City website and believes that the protection of those interests is an important responsibility. The City's goal in collecting personal information online is to provide the user with the most personalized and effective service possible. By understanding the user's needs and preferences, the City may provide users with improved service. The City strives to protect online personal information in the same manner that the City protects citizen and business information obtained through other means. The following information explains the City's policy regarding any personal information supplied when using the City website. a. Website Privacy Policy: When you visit the City of La Quinta Web site, we use automated tools to log information about each visit. We process this information in the aggregate to determine site performance issues, such as popular pages, most frequently downloaded forms, and other site performance characteristics. This information does not identify you personally. We do not track or record information about individuals and their visits. b. Disclaimer: While every effort is made to keep information provided over the internet accurate and up-to-date, the City of La Quints does not certify the authenticity or accuracy of such information. No warranties express or implied, are provided for the content, records and/or mapping data herein, or for their use or interpretation by the User. The City of La Quinta, its elected officials, officers, employees, and agents assume no legal responsibilities for the information or accuracy contained in this data, including any action taken from reliance on any information contained herein and shall have no liability for any damages, losses, costs, or expenses, including, but not limited to attorney's fees, arising from the use or misuse of the information provided herein. The User's use thereof shall constitute an agreement by the User to release the City of La Quinta, its elected officials, officers, employees and agents from such liability. By using this information, the User is stating that the above Disclaimer has been read and that he/she has full understanding and is in agreement with the contents. 7. Security. The City Website applies Security Measures to protect the loss, misuse and alteration of the information under the City's 259 control. From time to time, Security Measures may be upgraded or otherwise modified to meet changing needs. While the City endeavors to keep secure all information it receives via the City website, the City cannot guarantee the security of the information. 8. External Links. The City has a legitimate interest in limiting persons or organizations that might be linked to the City website. The City may exercise discretion to ensure that the links to the City website are consistent with the purpose of the City website, as set forth in Section 1. Neither the City Website nor the External Links listed on the City website constitute a forum for expressive activity by members of the public. a. Each proposed External Link on the City website shall be reviewed to determine its relevance and appropriateness to the purpose of the City website. The City Manager or his designee shall review the merits of the proposed External Link based upon the stated purposes of the City website, as set forth in Section 1. A proposal for an External Link will not be denied based on the viewpoint espoused by the individual or entity. b. The City website will not provide External Links to websites that: i. Promote or exhibit hate, bias, discrimination, pornography, libelous or otherwise defamatory content ii. Have a primary purpose of furthering the agenda of a political organization or a candidate running for office (regardless of the political viewpoint), or defeating any candidate for elective office. iii. Violate any of the City's equal opportunity policies. iv. Consist of personal home pages operated by individuals. C. The City may provide External Links to certain private commercial sites that maintain and display government -related information which fulfills the purposes of the City website as set forth in Section 1, and which is not generally available through a governmental agency due to the cost of compiling, maintaining and/or displaying such information. To support the cost of compilation and maintenance of this information, these private commercial sites may include advertising or promotional material in the information display. Accordingly, External Links to such sites which contain this 251 information, but also display commercial advertising or promotional material, may be included within the City website when the City Manager or his designee has made a good faith determination that: i. The City's independent replication of the information targeted for linkage is infeasible due to financial or other considerations; ii. No non-commercial site provides the information targeted for linkage; and, iii. The information targeted for linkage greatly enhances the usefulness of the City website and services it provides. d. The City reserves the right to determine how and where External Links will appear on the City website. 9. Application for External Link. To request the addition of an External Link to the City website, the applicant shall send the relevant URI, address, website description and purpose, brief statement as to how the proposed website fulfills the purpose of the City website as set forth in Section 1, contact name, phone number and email address by email to citymanagersoffice@la-quinta.org, or by mail to: City of La Quinta Attn: City Manager P.O. Box 1504 La Quinta, CA 92247 10. Disclaimer of External Links and External Websites. The information posted on the City website includes hypertext External Links to information created and maintained by other public and/or private organizations. The City provides these links solely for the user's information and convenience. a. When the user selects an External Link to an External Website, the user leaves the City website and is subject to the privacy and security policies of the owners/sponsors of the External Website. b. The City does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on an External Website accessed through the City website by External Link. C. The City does not endorse or recommend any third party website, product, service, view, or opinion, unless otherwise noted. 252 d. The City does not authorize the use of copyrighted materials contained on External Websites. e. The City is not responsible for transmissions from External Websites. 11. Final Decision. The decision to post or not post content and/or links on the City website resides solely with the City Manager or his designee. The decision of the City Manager or his designee is final and binding. Under no circumstances will individuals or entities be entitled to compensation or damages in the event that the City Manager or his or her designee directs the City to include or exclude the content or link. 12. Links to the City of La Quinta's Website. Advance permission to link to the City website is not necessary. However, the party linking to the City website should be aware that its subpages may change at any time without notice. Individuals and entities linking to the City website shall not capture pages within frames, present the City website content as its own, or otherwise misrepresent the City website's content or misinform users about the origin or ownership of its content. Any link to the City website should be a full forward link that passes the user's browser to the City website unencumbered. The web browser's "back" button should return the user to the originating site if the user wishes to back out. 13. Posting of Events. Information regarding community events may be posted on the City website, so long as the posting of such information is consistent with the purposes of the City website, as set forth in Section 1, and meets the criteria for External Links, as set forth in Section 8. While the City Manager or his designee may consider suggestions of events to post on the City website, the decision of the City Manager or his designee is final and binding. 14. Accessibility. The City Website is intended to be accessible to people with disabilities. Requests for reasonable accommodations relating to equal access to communication, or other issues relating to City website accessibility, should be directed to: citymanagersoffice@la-quinta.org or by mail to: City of La Quinta Attn: City Manager P.O. Box 1504 La Quinta, CA 92247 15. No Warranty or Representation. The City's web server(s) are maintained to provide public access to City information via the Internet. The 253 City's web services and the content of its web servers and databases are updated on a continual basis. While the City attempts to maintain the City website's information as accurate and timely, the City does not warrant or make representations or endorsements as to the quality, content, accuracy, or completeness of the information, text, graphics, hyperlinks, and other items contained on its server or any other server. Materials on the City website have been compiled from a variety of sources, and are subject to change without notice from the City as a result of updates and corrections. 16. Service Marks, Trademarks and Copyright. To the extent allowed by the Public Records Act and otherwise legally permissible, commercial use of web materials is prohibited without the written permission of the City. All service marks and trademarks mentioned herein are the property of their respective owners. The City retains copyright on the City Seal, all text, graphic images, and other content, unless otherwise noted. No person or entity may use the City Seal without approval of the City Council. No person or entity shall engage in any of the following conduct without written permission from the City Manager or his designee: a) modify and or use the text, images or other City website content from a web server, b) distribute the City's web content, and c) "mirror" the City's information on a non -City server. 17. Notice to the City. Communications through the City website, by e-mail or otherwise, shall in no way be deemed to constitute legal notice to the City of La Quinta or any of its agencies, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against the City or any of its agencies, officers, employees, agents, or representatives. No communication through the City website shall be deemed to constitute legal or official notice for any purpose. 18. Errors, Omissions, Warranty, Damages. The City of La Quinta is neither responsible nor liable for any viruses or other contamination of a user's system due to access of the City website, nor for any delays, inaccuracies, errors or omissions arising out of the user's access of the City website or with respect to the material contained on the City website, including without limitation, any material posted on the City website. The City website and all materials contained on it are distributed and transmitted .as is" without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The City is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the City website and/or the materials contained on the City website, whether the materials contained on the City Website are provided by the City of La Quinta or a third party. 254 19. Indemnification. To the extent permitted by applicable law, by using the City website, the user agrees to defend, indemnify, and hold harmless the City of La Quinta, its agencies, officers, employees, representatives, and agents from and against all claims and expenses, including attorney's fees, arising out of the user's use of the City website or materials and information contained on the City website. 259 REPORTS & INFORMATIONAL ITEMS: go COMMUNITY SERVICES COMMISSION MINUTES October 8, 2007 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:31 p.m. by Chairperson Weber. Vice -Chairperson Leidner led the audience in the Pledge of Allegiance. COMMISSIONERS PRESENT: Commissioner Sheldon Brodsky Commissioner Andrea Gassman Vice -Chairperson Bob Leidner Commissioner E. Howard Long Commissioner Robert F. Sylk Chairperson Mark Weber STAFF PRESENT: Edie Hylton, Community Services Director Steve Howlett, Golf & Parks Manager Christina Calderon, Recreation Supervisor Angela Guereque, Community Services Senior Secretary PUBLIC COMMENT None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioner Gassman and seconded by Commissioner Sylk to confirm the agenda. Motion carried unanimously. PRESENTATIONS: Mr. LeGrand Velez, Executive Director, Coachella Valley Community Trails Alliance (CVCTA) handed out updated flyers and outlines explaining this new 501(c)3 nonprofit organization. The CVCTA mission is to marshal private and public resources for the development of a multi -use urban trail network in the Coachella Valley. Paved off-street trails constructed in linear parkways provide greater safety and a superior hiking/cycling/rider experience through reduced user interaction with traffic. Whenever possible, the CVCTA advocates for the creation of multi -use 25v Community Services Commission Minutes October 8, 2007 -2 trails that provide dual paved and graded earthen paths to serve a broad community of users, including bicyclists, walkers, joggers, hikers, equestrians, skaters, children in strollers, and people using mobility devices (such as wheelchairs). These community trails will provide recreational and health benefits as well as non - motorized transportation linkages between schools, homes, parks, hiking trails, on - street bike lanes, commercial areas and other points of interest. CVCTA's initial focus is in the east Coachella Valley, where the opportunity exists to establish a community trails network in conjunction with on -going development. The Coachella Canal and the Whitewater Storm Channel will serve as the backbone for a larger linear parkway system. Parks are planned adjacent to the canal that will serve as trailheads and provide parking. The CVCTA envisions a regional loop trail system that will eventually connect the entire Coachella Valley, from Palm Springs to the Salton Sea. This trails network will integrate the Coachella Valley's many jurisdictions and help to develop a sense of community. CVCTA provides regional information on all types of trails, including bike lanes, equestrian trails, hiking trails, and mountain -biking trails. In order to succeed, CVCTA needs the support of the community. Commissioner Gassman asked if the paths would be along the Storm Channel. Mr. Velez stated that they will be along the Whitewater Storm Channel and the Coachella Canal. Commissioner Gassman asked if heat retention in the canal would be an issue. Mr. Velez stated that the paths will be on the banks, not within the canal. Commissioner Gassman suggested mile markers being placed on the Urban Trails and the Bike map. Vice -Chairperson Leidner asked if there would be fencing along the channels. Mr. Velez stated that there should be fencing for safety. Mr. Velez requested the Commission to recommend a letter of support to the City Council. The Commission agreed to consider this at their next meeting. APPROVAL OF MINUTES 1. Approval of September 10, 2007 Minutes Motion — It was moved by Commissioner Sylk and seconded by Commissioner Long to approve the minutes as submitted. Motion carried unanimously. CONSENT CALENDAR None. 257 Community Services Cornmission Minutes October 8, 2007 -3 PUBLIC HEARING None. BUSINESS ITEMS 1. Consideration of a Commissioner to attend the CPRS Conference February 26- 29, 2008 Commissioner Sylk suggested that Commissioner Long attend this conference. Commissioner Gassman commented that this conference was excellent in Sacramento and it might be more beneficial for a new commissioner to attend. Commissioner Long stated he would like to go. Motion — It was moved by Vice -Chairperson Leidner and seconded by Commissioner Sylk to recommend Commissioner Long to attend the California Parks and Recreation Society's Annual Conference in Long Beach, California February 26-29, 2008. Motion carried unanimously. 2. Consideration of Two Tile Murals in Old Town Director Hylton presented the history of this project and stated that Old Town would like to see this work finished. Commissioner Gassman asked where the original project was going to be. Leslie Locken stated Mural #1 will be placed in the same area the original project was to be. Vice -Chairperson Leidner asked why we would want something larger or more expensive. Leslie Locken stated that Old Town wanted a larger representation with quality and character. Vice -Chairperson Leidner asked if Wells Marvin is willing to fund the difference of $4,080. Chairperson Weber stated that Mr. Marvin should consider funding the difference. Vice -Chairperson Leidner asked why there was a disparity in the square foot price. Nancy Cush stated that one mural takes more work than the other, due to the use of field tile for the background which is commercially made. 253 Cornmunoy Services Commission Minutes October H, 2007 4- Vice-Chairperson Leidner asked who commissioned the previous artist, Tom McGraw. Commissioner Gassman stated that Mr. McGraw approached Wells Marvin. Commissioner Long stated that he looked at the wall where Mural #2 will be placed and it seems to be dark and hidden. Commissioner Sylk asked if this area could be illuminated. Leslie Locken stated that this is an archway and it can have illumination. Commissioner Gassman asked how long Larry Cush has been doing art. Mr. Cush stated that he has been doing art for over 30 years. Leslie Locken asked if the City has looked into recovering the money from Tom McGraw. Chairperson Weber stated that the amount is not significant to warrant a recovery. Commissioner Gassman stated she was concerned with this process without the benefit of an RFP. Director Hylton stated that whenever the City has a project it goes out to bid. The APP Ordinance allows for developers to go out and pick an artist of their choice. Commissioner Brodsky would like to see the locations before voting. Commissioner Long suggested delaying the decision until a field review could be done. Commissioner Gassman suggested finding out the cost of lighting. Motion — It was moved by Commissioner Long and seconded by Commissioner Gassman to table this item until November 19, 2007. Motion carried unanimously. CORRESPONDENCE AND WRITTEN MATERIALS Community Services Department Programs, Accomplishments, and Goals Director Hylton explained that this document is directly related to the Fiscal Year 2007/2008 Budget. These items are integrated into the Commission Work Plan. Commissioner Long asked what the current Senior Center cancellation rate is right now. Christina Calderon stated the highest cancellation rate is in the Summer at approximately 50%. The average cancellation rate is between 30% and 35%. 2. Monthly Department Report for August 2007 259 Community Servu;es Cornmissian Minutes October 8, 2007 5- Commissioner Long stated that the Department Report should state "September" not "October." Chairperson Weber noted that the numbers for AYSO went down. Director Hylton stated this was from their camp attendance. 3. Calendar of Monthly Events Commissioner Gassman stated that she will be judging at the Dog-O-Ween with her husband, Alan. 4. Senior Center Monthly Luncheons and Special Events for Fall 2007 5. Practicing Planner COMMISSIONER ITEMS 1 . Reports from Commissioners Regarding Meetings Attended. OPEN DISCUSSION Commissioner Gassman shared her support of the La Quinta Historical Society membership and urged the Commission to support it. ADJOURNMENT It was moved by Commissioner Sylk and seconded by Commissioner Long to adjourn the Community Services Commission meeting at 7:12 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Special Meeting of the Community Services Commission to be held on October 23, 2007 commencing at 7:45 p.m. in the La Quinta Senior Center, 78-450 Avenida La Fonda, La Quinta, CA 92253. Submitte by: Angela Guereque Community Services Senior Secretary 260 DEPARTMENT REPORT: 5-A La Quinta Public Library Quarterly Report July 2007 — September 2007 Circulation During the first quarter of 2007/2008, library users checked out a total of 30,018 items from the La Quinta Public Library. This was a 15 % increase--4,362 more books and other library materials-- than during the same period in 2006/2007. Collection New materials are added to the Library's collection on an almost daily basis. During this period, the library focused on adding best sellers utilizing the new Hot Off the Press program, a special purchasing plan that gets our adult customers new books to in a more timely way. Much of the increase in circulation can be attributed to the addition of the Hot Off the Press titles which are featured in a special display area located between the circulation desk and the library courtyard. Collection maintenance was a priority in the youth section of the library during this quarter. The staff matched database records to shelf locations resulting in a collection which is much more accessible to children doing independent research. New Borrowers By the end of the quarter an additional 999 La Quinta residents had received a new library card. September is National Library Card Sign -Up Month, and during that month alone 368 people, many of them students attending local schools, received a new card. Youth and Family Programming A Preschool Storytime and Craft Program for children 3 V2-to-5 years old is held every Tuesday morning from the beginning of July until mid -August. A total of 267 children attended the seven programs. A weekly 20 minute On -the -Lap Storytime Program for parents and their toddlers, held just prior to the Preschool Storytime, had a total of 176 participants attended the seven programs during the quarter. Due to space limitations and the age of the children, this program has reached the maximum desired attendance for children of this age. The Summer Reading Program focused on the detective theme of "Get a Clue @ the Library". A total of 256 children from preschool to teens signed up for the reading incentive program where they read for books and prizes. This is an increase of 105 children over the number enrolled during the summer of 2006. Readers turned in 766 hours of reading time and children too young to read listened to 720 stories. During July four fourth grade classes made Class Visits to the library. These classes were part of a special accelerated summer school program at the Benjamin Franklin Elementary School. The students learned search techniques and then used those techniques to find the actual item in the library. Additionally the teachers learned how they could begin library research in the classroom, place orders for library material online, and then be able to pick up the ordered material at our library. There were five Wednesday Afternoon Family Programs with an attendance of 518 people. ., 261 La Quinta Public Library Quarterly Report July 2007 — September 2007 Adult Programming The La Quinta Library Book Club did not meet during July and August. During the group's first meeting in September they established their schedule for the coming season. The discussion theme for September was Memoirs. Volunteers A total of 414 volunteer hours were logged by 32 volunteers during this quarter. These reliable and dedicated volunteers assist with library programs, mend books, sort through donated materials and help return books to the library shelves. Friends of the Library The Board of Directors of the Friends of the Library did not hold official meetings during the months of July and August but resumed their meeting schedule on the second Wednesday in September. Although they were not meeting formally, the board members were available for matters related to the Friends including relevant financial and membership questions and handling the many donations that came in during the summer. 262 Estimated La Quinta Library Expenditures July 1 — September 30, 2007 Library Contract Expenditures LSSI Expenditures $97,336 Library Materials 30,395 Selected County Expenditures Personnel 1,031 Insurance 4,539 Miscellaneous Expense 8,440 Accounting Costs 173 Travel and Conference 21 County Support Services 6,711 TOTAL LA QUINTA EXPENDITURES $148,646 263 o`` V yw� CFM OF T1if''94• COUNCIL/RDA MEETING DATE: December 4, 2007 ITEM TITLE: Public Hearing to Consider an Ordinance Amending Title 9, Zoning, to Prohibit New Mini - Storage Facilities in the Commercial Park Zone, While Allowing Existing Facilities to Continue to Operate as Legal and Conforming Uses. RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: / Motion to take up Ordinance No. , by title and number only and waive further reading. Motion to introduce Ordinance No. _, on first reading amending the La Quinta Charter and Municipal Code Section 9, Zoning, to prohibit new mini -storage facilities in the Commercial Park Zone, while allowing existing facilities to continue to operate. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW At its meeting of October 16, 2007, the City Council considered an amendment to the Zoning Ordinance which would have modified the requirements for the construction of new mini -storage facilities from a permitted use, with approval of a Site Development Permit; to requiring a Conditional Use Permit. After considerable discussion, the City Council directed staff to return with an amendment which would prohibit new facilities, but not create legal non-conformance for the two facilities which currently occur in the City. 264 PROPOSAL The proposed Amendment is shown below. New mini -storage projects will be prohibited. Existing facilities as of the effective date of the Ordinance will be considered legal and conforming, will be able to continue to operate indefinitely, and will have the ability to modify their facilities with approval of a Site Development Permit. ANALYSIS The City Council indicated that the mini -storage warehousing use should not be allowed in the Commercial Park zoning designation in the future. The Council also acknowledged that the two existing mini -storage facilities in the City should not become legal non -conforming uses, and should be allowed to continue to operate where they are currently located. In order to accomplish these directives, staff proposes the amendment of the Table of Permitted Uses for Nonresidential zones as follows: 9.80.040 Table of permitted uses (EXCERPT) Table 9-5 Permitted Uses In Nonresidential Districts (Continued) P = Principal use District A = Accessory use C= Conditional use m m w o w m m permit c y at = m `m "-' d , `0 `o n •'Z; M= Minor use permit 2 E E m E E a° E E '� E . E T= Temporary use ¢ e o a o a 4' o ~ o O o 2 0 permit t) U U t) Z L) L) U �i U X = Prohibited use Land Use I CR I CP I Cc CN CT c0 I MC Mini -storage X x' X X X X x warehouses ' Mini -storage warehousing operating on , 2008 (effective date of Ordinance), are considered legal, conforming land uses. Existing facilities may be reconstructed if damaged, and may be modified or expanded within the boundaries of the lot on which they occur as of the effective date of Ordinance with approval of a Site Development Permit. Any modification or expansion shall conform to the Development Standards for the Commercial Park zoning district contained in Chapter 9.90, Nonresidential Development Standards. Environmental Review The Planning Department reviewed the Zoning Text Amendment under the provisions of the California Environmental Quality Act (CEQA). The Planning Department has determined that the Amendment is exempt pursuant to Section 15061(b)(3) of the CEQA guidelines. 265 Public Notice This project was advertised in The Desert Sun newspaper on November 23, 2007. In addition, notices were sent to the two existing Storquest mini -storage facilities; both their local address as well as owner addresses. To date, no comments have been received from the property owners. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Ordinance. The alternatives available to the Council include: 1. Motion to take up Ordinance No. , by title and number only and waive further reading. Motion to introduce Ordinance No. , on first reading amending the La Quinta Charter and Municipal Code to Section 9, Zoning, to prohibit new mini -storage facilities in the Commercial Park Zone; and allow existing facilities to continue to operate legally.; or 2. Do not move to take up Ordinance No 3. Provide staff with alternative direction. Respectfully submitted, Les Johnson, Plannin Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City Council Minutes of October 16, 2007 excerpts 266 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9 OF THE LA QUINTA MUNICIPAL CODE, TO PROHIBIT NEW MINI - STORAGE FACILITIES IN THE COMMERCIAL PARK ZONE, WHILE ALLOWING EXISITNG FACILITIES TO OPERATE AS LEGAL AND CONFORMING USES. WHEREAS, the City has found that changes in procedures and issues with permitting have arisen as staff implements the Zoning Ordinance; and WHEREAS, the City has, from time to time, made amendments to the Zoning Ordinance to address similar changes in circumstances; and WHEREAS, the Planning Commission held a duly noticed public hearing on the 11 Lh day of September, 2007, and recommended approval of the proposed Amendment to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 16' day of December, 2007, and considered the evidence, written and oral, presented at the hearing; and WHEREAS, the City Council at the meeting on the 4" day of December, 2007, directed staff to return with an amendment that prohibits new mini -storage warehouses, but does not create non-conformance for the existing facilities located in the city; and WHEREAS, the City Council held a duly noticed public hearing on the 4`" day of December, 2007, and considered the evidence, written and oral, presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Chapter 9 of the La Quinta Municipal Code, Table 9.80.040 is amended as tollows: 267 Ordinance No. Chapter 9 — Mini -Storage Warehouse Zoning Ordinance Adopted: 9.80.040 Table of permitted uses (EXCERPT) Table 9-5 Permitted Uses In Nonresidential Districts (Continued) P = Principal use District A = Accessory use C= Conditional use 6 a a o m A m permit N 5 d Y c 2 d -E2 C d y •" •- N m 0 2 0 'E v M =Minor use permit E E W E E a E z, E w E 'W E T= Temporary use E E 0' E E E F E O E E m permit 0 U 0 U 0 0 U U 0 Z U 0 U 0 U 0 U X = Prohibited use Land Use CR CP CC CN CT c0 MC Mini -storage X X' X X X X X warehouses ' Mini -storage warehousing operating on , 2008 (effective date of Ordinance), are considered legal, conforming land uses. Existing facilities may be reconstructed if damaged, and may be modified or expanded within the boundaries of the lot on which they occur as of the (effective date of Ordinance) with approval of a Site Development Permit. Any modification or expansion shall conform to the Development Standards for the Commercial Park zoning district contained in Chapter 9.90, Nonresidential Development Standards. SECTION 2. 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. SECTION 3. 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 4. 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 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. 261 Ordinance No. Chapter 9 — Mini -Storage Warehouse Zoning Ordinance Adopted: SECTION 6. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the day of 200, by the following vote: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 269 City Council Minutes 15 October 16, 2007 Attachment 1 AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 3. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO ESTABLISH POLICIES AND STANDARDS FOR RESIDENTIAL SECOND UNITS, ALLOW APARTMENTS IN THE MEDIUM -DENSITY RESIDENTIAL ZONE, AND ALLOW MINI -STORAGE FACILTIES IN THE COMMERCIAL PARK ZONE WITH APPROVAL OF A CONDITIONAL USE PERMIT, AND ADD LANGUAGE DEFINING AND DESCRIBING IMAGE CORRIDORS IN SPECIAL PURPOSE DISTRICTS Planning Director Johnson presented the staff report. In response to Council Member Osborne, Planning Director Johnson explained the current standards for set -backs of second units will not change, and the allowance for building the structure does not change and must adhere to present set -backs; stated there are no cooking facilities in Casitas, and kitchenettes in a second unit; and confirmed there is the potential of building apartments in the backyard, upon applying for a Conditional Use Permit; explained the mini -storage units require a condition permit, and even though there are only a few, staff desires the highest and best use of the few remaining undeveloped properties, especially on Highway 111. Mayor Adolph stated the Council did not have the amendment prior to the meeting as it was received just this evening. In response to Council Member Henderson, Planning Director Johnson explained the fundamental concern of the Planning Commission was permitting to allow changes to properties on Highway 111 and concurred with the highest and best use interest; stated the issue is not a matter of staff recommendation, it is a matter of a standard, if a prohibited use is seen as legal, it is non -conforming. City Attorney Jensen stated the could have a provision that it wouldn't have any application to any existing structures for a time period; could have an amortization period which is usually used to phase a development out; usually they are non -conforming and are subject to the non -conforming provisions, but are able to craft language to address the matter, in response to Council Member Henderson. 270 City Council Minutes 16 October 16, 2007 Planning Director Johnson explained there may be an option for the existing uses to be required to adhere to a Conditional Use Permit process or conditional use allowance, and recognize those two properties and identify that they continue to exist. Council Member Henderson stated her interest in hearing more about the issue. In response to Council Member Kirk, Planning Director Johnson stated notices were not sent to the property owners. Council Member Kirk stated he would not tend to support a prohibition without working with property owners, and consider this item in the future; stated he shares some of Council Member Osborne's concerns and unwittingly increasing density in residential areas; stated the real issue seems to be with large subdivisions where almost every house includes a casita which includes preparing a minor use permit with a relatively high fee and staff time; confirmed most of complaints coming from developers of larger divisions, and staff. Planning Director Johnson confirmed the issues stated and the fact State law has changed and cannot impose the restriction technically. Mayor Adolph stated the report was confusing when looking at apartments in medium density residential zones, and what is and isn't allowed. In response to Council Member Osborne, Planning Director Johnson explained one second unit is currently allowable per parcel, and must apply for a conditional use permit for two or more; and further stated he is aware of larger estate lots with more than one second unit. Council Member Kirk stated on some of the custom lots the architectural design is such that there may be one or two guest homes attached to the residence with a separate entry. In response to Council Member Osborne, Planning Director Johnson stated the code could apply to any lot depending on the development meeting all the set -backs required. Council Member Henderson stated the name of La Quinta refers to the small casitas built out in the back forty. The Mayor declared the PUBLIC HEARING OPEN at 7:54 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:54 p.m. Council Member Kirk addressed the mini storage issue, and suggested to postpone amending the Zoning Code to one day discourage these units on 271 City Council Minutes 17 October 16, 2007 high profile corners in the City and request staff to bring back information on the affects of the economics from storage units. Council Member Osborne suggested the possibly of applying the Transient Occupancy Tax to storage units. Council Member Henderson stated some cities are collecting Transient Occupancy Tax on storage units. MOTION — It was moved by Council Members Kirk/Henderson to take up Ordinance No. 445 by title and number only and waive further reading, without the inclusion of storage units, as amended. Motion carried unanimously. ORDINANCE NO. 445 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9 OF THE LA QUINTA MUNICIPAL CODE TO ESTABLISH POLICIES AND STANDARDS FOR RESIDENTIAL SECOND UNITS, ALLOW APARTMENTS IN THE MEDIUM -DENSITY RESIDENTIAL ZONE, ALLOW MINI -STORAGE FACILITIES IN THE COMERCIAL PARK ZONE WITH APPROVAL OF A CONDITIONAL USE PERMIT, AND ADD LANGUAGE DEFINING AND DESCRIBING IMAGE CORRIDORS IN SPECIAL PURPOSE DISTRICTS. It was moved by Council Members Henderson/Osborne to introduce Ordinance No. 445 on first reading, as amended. Motion carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 4. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION VACATING AN EASEMENT IN FAVOR OF THE PUBLIC FOR ACCESS, INGRESS, AND EGRESS OF FIRE, POLICE, AND OTHER EMERGENCY VEHICLE PERSONNEL WITHIN TENTATIVE PARCEL MAP 33367, AND PUBLIC UTILITY EASEMENTS ESTABLISHED OVER THE VACATED PORTIONS OF AVENUE 52 AND ADAMS STREET LYING WITHIN TENTATIVE PARCEL MAP 33367. Public Works Director Jonasson presented the staff report. 27,94